Journal articles on the topic 'Conflict clauses'
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1
Bonet, M. L., S. Buss, and J. Johannsen. "Improved Separations of Regular Resolution from Clause Learning Proof Systems." Journal of Artificial Intelligence Research 49 (April 23, 2014): 669–703. http://dx.doi.org/10.1613/jair.4260.
Abstract:
This paper studies the relationship between resolution and conflict driven clause learning (CDCL) without restarts, and refutes some conjectured possible separations. We prove that the guarded, xor-ified pebbling tautology clauses, which Urquhart proved are hard for regular resolution, as well as the guarded graph tautology clauses of Alekhnovich, Johannsen, Pitassi, and Urquhart have polynomial size pool resolution refutations that use only input lemmas as learned clauses. For the latter set of clauses, we extend this to prove that a CDCL search without restarts can refute these clauses in polynomial time, provided it makes the right choices for decision literals and clause learning. This holds even if the CDCL search is required to greedily process conflicts arising from unit propagation. This refutes the conjecture that the guarded graph tautology clauses or the guarded xor-ified pebbling tautology clauses can be used to separate CDCL without restarts from general resolution. Together with subsequent results by Buss and Kolodziejczyk, this means we lack any good conjectures about how to establish the exact logical strength of conflict-driven clause learning without restarts.
2
Purnamasari, Wulan, Elza Syarief, and Rina S. Shahrullah. "The Conflict of Trade Secret Protection and Workers’ Rights in Non-Competition Clauses." SIGn Jurnal Hukum 5, no. 1 (July 31, 2023): 168–81. http://dx.doi.org/10.37276/sjh.v5i1.273.
Abstract:
This study aims to scrutinize the Non-Competition Clauses in employment contracts as a manifestation of trade secrets and understand how these clauses impact an individual’s right to choose employment. This study uses normative legal research with the statute and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show that including Non-Competition Clauses in employment contracts by employers is a strategic measure to protect trade secrets from competitors. However, every contract must fulfill the requirements for the agreement’s validity subjectively and objectively. Non-Competition Clauses can potentially conflict with workers’ rights as regulated in Article 28D section (2) of the 1945 Constitution, Article 38 section (2) of Law Number 39 of 1999, and Article 31 of Law Number 13 of 2003, thereby violating the objective requirements of employment contracts based on Article 52 section (1) point d of Law Number 13 of 2003. Therefore, it recommended that relevant parties review and evaluate the implementation of Non-Competition Clauses in employment contracts in Indonesia. Before incorporating this clause into the employment contract, employers must consider the agreement’s validity requirements and workers’ rights. Furthermore, the employment contract should further explain the definition and scope of the Non-Competition Clause to avoid different interpretations. Meanwhile, the Government is recommended to create clear regulations concerning the legitimacy of Non-Competition Clauses in employment contracts. These regulations must consider the balance between protecting trade secrets and workers’ rights to employment and income. Lastly, Courts should prioritize protecting workers’ rights in resolving disputes related to breaches of the Non-Competition Clause, especially if employers cannot prove the workers have violated the company’s trade secrets.
3
Krüger, Tom, Jan-Hendrik Lorenz, and Florian Wörz. "Too much information: Why CDCL solvers need to forget learned clauses." PLOS ONE 17, no. 8 (August 26, 2022): e0272967. http://dx.doi.org/10.1371/journal.pone.0272967.
Abstract:
Conflict-driven clause learning (CDCL) is a remarkably successful paradigm for solving the satisfiability problem of propositional logic. Instead of a simple depth-first backtracking approach, this kind of solver learns the reason behind occurring conflicts in the form of additional clauses. However, despite the enormous success of CDCL solvers, there is still only a limited understanding of what influences the performance of these solvers in what way. Considering different measures, this paper demonstrates, quite surprisingly, that clause learning (without being able to get rid of some clauses) can not only help the solver but can oftentimes deteriorate the solution process dramatically. By conducting extensive empirical analysis, we furthermore find that the runtime distributions of CDCL solvers are multimodal. This multimodality can be seen as a reason for the deterioration phenomenon described above. Simultaneously, it also gives an indication of why clause learning in combination with clause deletion is virtually the de facto standard of SAT solving, in spite of this phenomenon. As a final contribution, we show that Weibull mixture distributions can accurately describe the multimodal distributions. Thus, adding new clauses to a base instance has an inherent effect of making runtimes long-tailed. This insight provides an explanation as to why the technique of forgetting clauses is useful in CDCL solvers apart from the optimization of unit propagation speed.
4
Кондратьев, В. С., А. А. Семенов, and О. С. Заикин. "Duplicates of conflict clauses in CDCL derivation and their usage to invert some cryptographic functions." Numerical Methods and Programming (Vychislitel'nye Metody i Programmirovanie), no. 1 (January 20, 2019): 54–66. http://dx.doi.org/10.26089/nummet.v20r106.
Abstract:
Изучен феномен повторного порождения конфликтных ограничений SAT-решателями в процессе работы с трудными экземплярами задачи о булевой выполнимости. Данный феномен является следствием применения эвристических механизмов чистки конфликтных баз, которые реализованы во всех современных SAT-решателях, основанных на алгоритме CDCL (Conflict Driven Clause Learning). Описана новая техника, которая позволяет отслеживать повторно порождаемые дизъюнкты и запрещать их последующее удаление. На базе предложенных технических решений построен новый многопоточный SAT-решатель (SAT, SATisfiability), который на ряде SAT-задач, кодирующих обращение криптографических хеш-функций, существенно превзошел по эффективности многопоточные решатели, занимавшие в последние годы высокие места на специализированных соревнованиях. A phenomenon of conflict clauses generated repeatedly by SAT solvers is studied. Such clauses may appear during solving hard Boolean satisfiability problems (SAT). This phenomenon is caused by the fact that the modern SAT solvers are based on the CDCL algorithm that generates conflict clauses. A database of such clauses is periodically and partially cleaned. A new approach for practical SAT solving is proposed. According to this approach, the repeatedly generated conflict clauses are tracked, whereas their further generation is prohibited. Based on this approach, a multithreaded SAT solver was developed. This solver was compared with the best multithreaded SAT solvers awarded during the last SAT competitions. According to the experimental results, the developed solver greatly outperforms its competitors on several SAT instances encoding the inversion of some cryptographic hash functions.
5
Van Poecke, Thomas, Frank Verbruggen, and Ward Yperman. "Terrorist offences and international humanitarian law: The armed conflict exclusion clause." International Review of the Red Cross 103, no. 916-917 (April 2021): 295–324. http://dx.doi.org/10.1017/s1816383121000321.
Abstract:
AbstractWhile armed conflicts are principally governed by international humanitarian law (IHL), activities of members of non-State armed groups and their affiliates may also qualify as terrorist offences. After explaining why the concurrent application of IHL and criminal law instruments on terrorism causes friction, this article analyzes the chief mechanism for dissipating this friction: a clause excluding activities governed by IHL from the scope of criminal law instruments on terrorism. Such armed conflict exclusion clauses exist at the international, regional and national level. This article explains how an exclusion clause can best avoid friction between IHL and criminal law instruments on terrorism.
6
Spallitta, Giuseppe, Roberto Sebastiani, and Armin Biere. "Disjoint Partial Enumeration without Blocking Clauses." Proceedings of the AAAI Conference on Artificial Intelligence 38, no. 8 (March 24, 2024): 8126–35. http://dx.doi.org/10.1609/aaai.v38i8.28652.
Abstract:
A basic algorithm for enumerating disjoint propositional models (disjoint AllSAT) is based on adding blocking clauses incrementally, ruling out previously found models. On the one hand, blocking clauses have the potential to reduce the number of generated models exponentially, as they can handle partial models. On the other hand, the introduction of a large number of blocking clauses affects memory consumption and drastically slows down unit propagation. We propose a new approach that allows for enumerating disjoint partial models with no need for blocking clauses by integrating: Conflict-Driven Clause-Learning (CDCL), Chronological Backtracking (CB), and methods for shrinking models (Implicant Shrinking). Experiments clearly show the benefits of our novel approach.
7
HAMADI, YOUSSEF, SAÏD JABBOUR, and LAKHDAR SAÏS. "LEARNING FOR DYNAMIC SUBSUMPTION." International Journal on Artificial Intelligence Tools 19, no. 04 (August 2010): 511–29. http://dx.doi.org/10.1142/s0218213010000303.
Abstract:
This paper presents an original dynamic subsumption technique for Boolean CNF formulae. It exploits simple and sufficient conditions to detect, during conflict analysis, clauses from the formula that can be reduced by subsumption. During the learnt clause derivation, and at each step of the associated resolution process, checks for backward subsumption between the current resolvent and clauses from the original formula are efficiently performed. The resulting method allows the dynamic removal of literals from the original clauses. Experimental results show that the integration of our dynamic subsumption technique within the state-of-the-art SAT solvers Minisat and Rsat particularly benefits to crafted problems.
8
Longo Zocal, Raul. "Cláusula compromissória condicionada: estipulação e implementação." Revista Brasileira de Arbitragem 20, Issue 79 (September 1, 2023): 7–25. http://dx.doi.org/10.54648/rba2023022.
Abstract:
The article describes whether the parties may or not agree on conditions for arbitration clauses. Although every arbitration clause is conditioned to the rise of a conflict (a future and uncertain event that gives effect to the arbitration clauses), the article focuses on conditions that the parties may consider relevant to their goals or concerns. The article discusses the interpretation of the conditioned arbitration clause to evaluate its legality and application in cases. The article also discusses the analysis of the implementation of the condition, which gives grounds for the arbitrator’s jurisdiction, considering the position of the Superior Court of Justice on the matter of competence-competence and issues related to its implementation. Arbitration; arbitration agreement; conditional arbitration clause; competence-competence; kompetenz-kompetenz; condition.
9
Riddell, Troy Q., and F. L. Morton. "Reasonable Limitations, Distinct Society and the Canada Clause: Interpretive Clauses and the Competition for Constitutional Advantage." Canadian Journal of Political Science 31, no. 3 (September 1998): 467–93. http://dx.doi.org/10.1017/s0008423900009094.
Abstract:
AbstractThis article connects the conflict in Canada over formal constitutional amendments—patriation (1982), the Meech Lake (1987) and the Charlottetown (1992) Accords—with constitutional litigation and interpretation. The authors posit that governments and organized social interests compete with and among themselves for constitutional advantage in both forums of constitutional modification, and that outcomes in each forum have predictable consequences for behaviour in the other. Specifically, they argue that conflicts over the “distinct society” (1987) and “Canada” (1992) clauses are best understood as predictable government attempts to regain constitutional resources lost to Charter-based interest groups during the framing of the “reasonable limitation” clause of the Canadian Charter of Rights and Freedoms (1980–1981) and its subsequent judicial operationalization—the “Oakestest” (1986).The conflicts over theses various “interpretative clauses” were not just about “symbolic Status” or “conflicting constitutional visions,” but about winning Charter cases and accumulating legal resources. The authors develop the corollary argument that “advocacy scholarship” has played a complementary role to litigation in “public interest” groups' use of the Charter to challenge government policies.
10
Asín Achá, Roberto, Rodrigo López, Sebastian Hagedorn, and Jorge A. Baier. "Multi-Agent Path Finding: A New Boolean Encoding." Journal of Artificial Intelligence Research 75 (September 29, 2022): 323–50. http://dx.doi.org/10.1613/jair.1.13818.
Abstract:
Multi-agent pathfinding (MAPF) is an NP-hard problem. As such, dense maps may be very hard to solve optimally. In such scenarios, compilation-based approaches, via Boolean satisfiability (SAT) and answer set programming (ASP), have been shown to outperform heuristic-search-based approaches, such as conflict-based search (CBS). In this paper, we propose a new Boolean encoding for MAPF, and show how to implement it in ASP and MaxSAT. A feature that distinguishes our encoding from existing ones is that swap and follow conflicts are encoded using binary clauses, which can be exploited by current conflict-driven clause learning (CDCL) solvers. In addition, the number of clauses used to encode swap and follow conflicts do not depend on the number of agents, allowing us to scale better. For MaxSAT, we study different ways in which we may combine the MSU3 and LSU algorithms for maximum performance. In our experimental evaluation, we used square grids, ranging from 20 x 20 to 50 x 50 cells, and warehouse maps, with a varying number of agents and obstacles. We compared against representative solvers of the state-of-the-art, including the search-based algorithm CBS, the ASP-based solver ASP-MAPF, and the branch-and-cut-and-price hybrid solver, BCP. We observe that the ASP implementation of our encoding, ASP-MAPF2 outperforms other solvers in most of our experiments. The MaxSAT implementation of our encoding, MtMS shows best performance in relatively small warehouse maps when the number of agents is large, which are the instances with closer resemblance to hard puzzle-like problems.
11
Goldby, Miriam. "INCORPORATION OF CHARTERPARTY ARBITRATION CLAUSES INTO BILLS OF LADING: RECENT DEVELOPMENTS." Denning Law Journal 19, no. 1 (November 27, 2012): 171–80. http://dx.doi.org/10.5750/dlj.v19i1.382.
Abstract:
This article looks at two recent court decisions and one recent arbitral award which help to clarify the position of English Law with regard to incorporation of charterparty arbitration clauses into bills of lading. It starts by giving a brief overview of past decisions of the English Courts on this issue. It proceeds to consider recent developments and to draw conclusions therefrom. Most bills of lading contain jurisdiction clauses providing that parties are to resolve any disputes arising in connection with the contract of carriage contained in the bill through litigation in the courts. Where a bill of lading is issued under a charterparty, however, and where it expressly incorporates the charterparty’s arbitration clause into its terms, the parties to the contract of carriage contained in the bill of lading, including any transferees of the bill, may be obliged to refer their disputes to arbitration. Wilson notes that “[a] strict contra proferentem approach has been adopted towards [attempts to incorporate charterparty arbitration clauses into bills of lading] since, while arbitration clauses are common in charterparties, hey are rarely found in bills of lading.” Three conditions must be met in order for a charterparty arbitration clause to be successfully incorporated into the bill of lading. First of all, “the operative words of incorporation must be found in the bill of lading itself”. Secondly such words must be suitable to describe the charterparty clause that is being incorporated. Finally, the incorporated clause must be consistent with the terms of the bill of lading, and in the event of conflict, the provisions of the bill of lading will prevail.
12
Ferreira, Daniel, Elizaveta Gromova, Bianca Farias, and Cristiane Giovannini. "Online Sports Betting in Brazil and conflict solution clauses." REVISTA BRASILEIRA DE ALTERNATIVE DISPUTE RESOLUTION 4, no. 7 (July 15, 2022): 75–87. http://dx.doi.org/10.52028/rbadr.v4i7.5.
Abstract:
Sports betting sites are now a reality in Brazil. According to Exame1 magazine, in 2018, it moved around 2 billion reais per year, and with the imminent regulation of Act n. 13.756 /2018, it should move approximately 8 billion reais annually. Online gambling will only reach the peak of its market, according to Rohan Miller,2 when consumers’ risk perception is reduced or neutralized. Questions such as who to look for if something goes wrong and which laws apply in the event of a conflict should be answered clearly by the betting sites’ Terms of Service (EULAs). Therefore, this article’s general objective will be to analyze the methods of conflict resolution included in the Terms of Use of the 9 (nine) main sports betting sites used by Brazilians, namely: 1. Bet365; 2. SportingBet; 3. Betboo; 4. Betway; 5. Rivalo. 6. 22Bet; 7. Betmotion; 8. Bumbet; 9. Bet9. As a specific objective, we will analyze the mediation and arbitration procedures as well as the statistics of two ODR (Online Dispute Resolution) service sites used by the betting sites: the e-Commerce Online Gaming Regulation and Assurance (e-Cogra - online mediation service ) and Independent Betting Adjudication Service (IBAS online arbitration service). Both legally based in England. We could realize that the Brazilian bettor, as a rule, does not read the terms of service and is unaware of the conflict resolution clause provided by the website. Besides, through data analysis from eCOGRA and IBSA, we can state that Brazilian gamblers who access ODR service providers are very rare both because they are unaware and because of linguistic difficulties. Also, the chances of success in resolving conflicts in favor of the consumer through mediation are greater than through online arbitration. In short, we can say that the model established by the UK Gambling Act and the Great Britain Gambling Commission is a model that guarantees the fundamental principles of both mediation and arbitration (impartiality, due process, and easy access). The fact that arbitration and mediation are not binding on bettors under any circumstances also guarantees the parties equal treatment.
13
Sari, Ratna, Novia Juita, and Muhammad Ismail Nst. "REPRESENTASI KONFLIK WONG CILIK DALAM NOVEL BILA MALAM BERTAMBAH MALAM KARYA PUTU WIJAYA DAN NOVEL PENGAKUAN PARIYEM KARYA LINUS SURYADI AG: KAJIAN INTERTEKSTUAL." Jurnal Bahasa dan Sastra 5, no. 2 (February 19, 2018): 123. http://dx.doi.org/10.24036/896220.
Abstract:
The type of this research is qualitative research using descriptive analysis methods. This research data is a text in from of the words, phrases, clauses, sentences and discourse which represents conflicts of wong cilik, in the form of personal and between classes conflict in both novels. It is also looking for differences and similarities of the conflicts, and explaining the novel Bila Malam Bertambah Malam by Putu Wijaya as hypogram of novel Pengakuan Pariyem by Linus Suryadi AG. The results of the study are First, the conflict of wong cilik in novel Bila Malam Bertambah Malam there are nine conflicts of wong cilik, devided into six personal conflicts and three conflicts between social classes. Second, conflict of wong cilik in novel Pengakuan Pariyem there are seven conflicts of wong cilik devided into six personal conflicts and one conflict between social classes. Third, the difference of wong cilik’s conflict ini novel Pengakuan Pariyem: (a) the number of conflicts, (b) wong cilik’s conflict in novel Bila Malam Bertambah Malam comes from external factors, and (c) wong cilik’s conflict in novel Pengakuan Pariyem comes from internal factors; the similarities of wong cilik’s conflict in novel Bila Malam Bertambah Malam by Putu Wijaya and Pengakuan Pariyem is found on those novel’s conflict, novel Bila Malam Bertambah Malam by Putu Wijaya is a hypogram from novel Pengakuan Pariyem by Linus Suryadi AG. Keywords: representative, conflict, wong cilik, intertextual.
14
S.C. "Michigan Court Clarifies Liability for COB Provisions in ERISA and Auto Plans." Journal of Law, Medicine & Ethics 24, no. 1 (March 1996): 72. http://dx.doi.org/10.1017/s1073110500004587.
Abstract:
In Campbell Soup Co. v. Allstate Insurance Co. (913 F. Supp. 451 (W.D. Mich. Jan. 9, 1996)), the United States District Court for the Western District of Michigan, Southern Division, held that a health plan's coordination of benefits (COB) clause, covered under the Employee Retirement Income Security Act (ERISA), does not preempt a similar no-fault automobile insurance clause in the absence of irreconcilable conflict. The court found that ERISA's policy of shielding plans from unanticipated claims could only be furthered when the plan had expressly disavowed such claims. Because the ERISA plan in this case did not specifically subordinate itself to the no-fault policy, the district court found that the no-fault COB clause controlled. However, to escape this ruling, ERISA plans need only redraft their COB clauses specifically to disclaim liability in case of conflict with provisions of no-fault insurance policies. This caveat substantially limits the scope of the court's ruling.
15
Sinambela, Hotman. "Legal Protection of Bank Customer Regarding Bank Credit Agreements According to the Consumer Protection Law." Journal of Progressive Law and Legal Studies 1, no. 03 (September 1, 2023): 172–80. http://dx.doi.org/10.59653/jplls.v1i03.235.
Abstract:
The main objective of the research is to find out, describe and analyze whether the standard clauses in Rural Bank credit agreements (BPR) reflect the credit agreement and do not conflict with the principles of freedom of contract and the principle of balance as well as the impact of implementing standard clauses in Rural Bank credit agreements and legal protection. against customers who are harmed by the application of the standard clause. The research results reveal that the application of standard clauses in BPR credit agreements has fulfilled the principles of freedom of contract, balance and the principle of consensualism because in their application they still open up room for negotiation with customers so that an agreement is reached. The impact of implementing the standard clauses of Rural Bank credit agreements on customers' rights as consumers is that customers do not have room to defend their rights or to file complaints due to the application of standard clauses which are detrimental or burdensome, especially with the "take it or leave it" analogy to the terms. - conditions determined by the bank, which include the bank's authority to unilaterally at any time without any reason and without prior notice terminate the credit withdrawal permit. In the case of sales of collateral whose credit is bad, the BPR has the authority to unilaterally determine the selling price of the collateral. Legal protection for customers who are harmed by the application of standard clauses in credit agreements is the customer or consumer. The customer can apply to the BPR according to the protection provided by Article 19 of the Consumer Protection Law
16
Fricke, John G. "Labour Management 'Trust Relations' as Reflected in Collective Agreement Clauses." Articles 46, no. 2 (April 12, 2005): 447–64. http://dx.doi.org/10.7202/050678ar.
Abstract:
The author makes a critical evaluation of labour management communication clauses in the total population of collective agreements filed with Alberto Labour as of May 31, 1987. This exercise has the aim of finding some indication of joint decision making and conflict handling in the wording and overall presentation of these clauses.
17
SYATHROH, ISRY LAILA, and HENDRA HUSNUSSALAM. "Analysis of Laskar Pelangi in English Version Based on Transitivity Theory." English Journal Literacy Utama 3, no. 1 (December 2, 2018): 47–55. http://dx.doi.org/10.33197/ejlutama.vol3.iss1.2019.30.
Abstract:
This study aims to investigate the characterizations of Lintang in the English version of Laskar Pelangi novel (2009), The Rainbow Troops, based on Transitivity. As the unit of analysis, the data are 30 selected clauses, both uttered by Lintang himself or the narrator. The clauses are arranged chronologically based on the plot of the story consisting of phase 1 (opening), phase 2 (conflict & climax), and phase 3 (closing). This research employs qualitative descriptive design (Fraenkel & Wallen, 2007: 430). The approach for this research is narrative inquiry. According to Croker (Heigham & Croker, 2009: 16), among disciplines using narrative inquiry are anthropology, sociology, history, psychology and literature. The results show that based on transitivity theory, the characterizations of Lintang are represented and portrayed by the types of process and participant in every clause. Among his emerging characterizations are: hyperactive, brave, never-gives-up kid, heroism, and willing to sacrifice for his family.
18
Woehrling, José. "La modification constitutionnelle de 1987, la reconnaissance du Québec comme société distincte et la dualité linguistique du Canada." Les Cahiers de droit 29, no. 1 (April 12, 2005): 3–63. http://dx.doi.org/10.7202/042868ar.
Abstract:
On June 3, 1987, the Prime Minister of Canada and the ten provincial premiers signed the 1987 Constitutional Accord in which they agreed to amend the Canadian Constitution in order to meet the Quebec government's conditions for adherence to the Constitution Act, 1982. The recognition of Canada's linguistic duality and of Quebec as a distinct society were among the constitutional amendments agreed upon. These clauses continue to spark controversy, with some commentators claiming that the terms used in the Accord are too ambiguous, while others argue that their insertion in the Constitution will give rise to politically undesirable results. The author considers the meaning of these clauses and presents an historical account of the notions of “duality” and “distinct society” by analyzing their essential elements. He argues that if governments have recognized duality in order to protect the official language minorities, the purpose of the clause dealing with the protection and promotion of Quebec's distinct society is to maintain and develop its Francophone character. Where these two objectives conflict, the clause in the Constitutional Accord recognizing Canada's linguistic duality will prevail. The Accord's potential impact on the division of legislative powers and the Canadian Charter of Rights and Freedoms are also examined. In the author's opinion, the division of powers will not be modified; however, the recognition of duality and of Quebec as a distinct society may limit the potentially centralizing effects of the Charter. On the other hand, by relying on the duality clause, the courts will be able — should they so desire — to give the Charter's language guarantees a broader interpretation than they have until now been accorded. The author concludes by considering the possible interplay between the linguistic duality and the distinct society clauses once they are entrenched, and the multiculturalism clause (section 27 of the Charter,).
19
Bielefeldt, Heiner. "Limiting Permissible Limitations: How to Preserve the Substance of Religious Freedom." Religion & Human Rights 15, no. 1-2 (April 23, 2020): 3–19. http://dx.doi.org/10.1163/18710328-bja10001.
Abstract:
Abstract The question of how to draw legitimate limits to the content and exercise of human rights has caused many controversies, not only in academic debates, but also in human rights practice. Governments often invoke limitation clauses linked to human rights provisions as a broad allowance to impose restrictions. However, the main function of those clauses is actually to limit the scope of permissible limitations. This chapter takes freedom of religion or belief as a test case to illustrate the role of limitation clauses. Moreover, from an adequate understanding of limitation clauses, the popular “balancing” semantics deserves serious criticism, since it obfuscates the task to preserve the substance of human rights guarantees even in situations of normative conflict.
20
JABBOUR, SAÏD. "LEARNING FROM SUCCESSES." International Journal on Artificial Intelligence Tools 19, no. 04 (August 2010): 373–91. http://dx.doi.org/10.1142/s0218213010000248.
Abstract:
In this paper a new learning scheme for SAT is proposed. The originality of our approach arises from its ability to achieve clause learning even if no conflict occurs. This kind of learning from successes clearly contrasts with all the traditional learning approaches which generally refer to conflict analysis. To make such learning possible, relevant clauses, taken from the satisfied part of the formula are conjointly used with the classical implication graph to derive new and more powerful reasons for the implication of a given literal. Based on this extension a first learning scheme called Learning for Dynamic Assignments Reordering (LDAR) is proposed. It exploits the new derived reasons to dynamically reorder partial assignments. Experimental results show that the integration of LDAR within a state-of-the-art SAT solver achieves interesting improvements particularly on satisfiable instances.
21
Asín Achá, Roberto, Rodrigo López, Sebastián Hagedorn, and Jorge A. Baier. "A New Boolean Encoding for MAPF and its Performance with ASP and MaxSAT Solvers." Proceedings of the International Symposium on Combinatorial Search 12, no. 1 (July 21, 2021): 11–19. http://dx.doi.org/10.1609/socs.v12i1.18546.
Abstract:
Multi-agent pathfinding (MAPF) is an NP-hard problem. As such, dense maps may be very hard to solve optimally. In such scenarios, compilation-based approaches, via Boolean satisfiability (SAT) and answer set programming (ASP), have proven to be most effective. In this paper, we propose a new encoding for MAPF, which we implement and solve using both ASP and MaxSAT solvers. Our encoding builds on a recent ASP encoding for MAPF but changes the way agent moves are encoded. This allows to represent swap and follow conflicts with binary clauses, which are known to work well along with conflict-based clause learning. For MaxSAT, we study different ways in which we may combine the MSU3 and LSU algorithms for maximum performance. Our results, over grid and warehouse maps, show that the ASP solver scales better when the number of agents is increased on grids with few obstacles, while the MaxSAT solver performs better in scenarios with more obstacles and fewer agents.
22
SUTEU, SILVIA. "Eternity clauses in post-conflict and post-authoritarian constitution-making: Promise and limits." Global Constitutionalism 6, no. 1 (March 2017): 63–100. http://dx.doi.org/10.1017/s2045381716000265.
Abstract:
Abstract:The literature on entrenchment as a means to achieve constitutional endurance has grown in recent years, as has the scholarship on unamendable provisions as a mechanism intended to safeguard the constitutional project. However, little attention has been paid to the promise and limits of eternity clauses in transitional settings. Their appeal in this context is great. In an effort to safeguard hard-fought agreements, drafters often declare unamendable what they consider the fundamentals to the political deal: the number of presidential term limits, the commitment to human rights and to democracy, the form of the state (whether republican or monarchical), the territorial integrity of the state, the territorial division of power, secularism or the official religion. This article explores the distinctive role and problems posed by eternity clauses in transitional constitution-building, as guarantees of the pre-constitutional political settlement in such fragile periods. The article also compares unamendability to other techniques of constitution-making in uncertain times, such as sunset clauses, deferring hard choices and other forms of constitutional incrementalism.
23
Lopes Marques, Naielly, Carlos de Lamare Bastian-Pinto, and Luiz Eduardo Teixeira Brandão. "When contract clauses conflict: The Salvador light rail vehicle concession." Case Studies on Transport Policy 16 (June 2024): 101168. http://dx.doi.org/10.1016/j.cstp.2024.101168.
24
Fox, Danny. "Antecedent-Contained Deletion and the Copy Theory of Movement." Linguistic Inquiry 33, no. 1 (January 2002): 63–96. http://dx.doi.org/10.1162/002438902317382189.
Abstract:
Antecedent-contained deletion poses a problem for theories of ellipsis, a problem that, according to much literature, is solved by Quantifier Raising. The solution, however, conflicts with the copy theory of movement. This article resolves this new conflict with the aid of a theory of extraposition and covert movement proposed by Fox and Nissenbaum (1999), together with certain assumptions about the structure of relative clauses and the way chains are interpreted. The resolution makes various new predictions and accounts for a range of otherwise puzzling facts.
25
S A, Sandhya Ram. "Ouster Clause: Legislative Blaze and Judicial Phoenix." Christ University Law Journal 2, no. 1 (February 22, 2013): 21–51. http://dx.doi.org/10.12728/culj.2.2.
Abstract:
If constitutionalism denotes obedience to the
Constitution, the scheme for enforcement of obedience
and invalidation of disobedience should be found in the
Constitution itself. It is important that this scheme be
clear and the task of enforcement be vested in a
constitutional body. In such a situation, the question of
custodianship i.e., who will ensure the rule of
constitutionalism assumes prime importance, as any
ambiguity regarding the same will result in conflicts
uncalled for between legislature and judiciary. This
conflict intensifies when judiciary determines the
constitutionality of the legislations and the legislature
defends by placing it in the „ouster clauses‟ within the
Constitution to exclude the judicial determination.
Judiciary counters by nullifying the legislative attempts
through innovative interpretation. An attempt is made to
study Article 31 B, the most prominent ouster clause in
the Constitution of India barring judicial review of
legislations and how the Indian judiciary retaliated to
such legislative attempts and effectively curbed them. The
study outlines the historical reasons which necessitated
the insertion of Article 31 B in the Constitution and
analyses the myriad implications of such an ouster clause
within the Constitution. The constitutional basis of
judicial review is studied to audit the justifiability of the
open ended Ninth Schedule along with Article 31 B. A
comparison between Article 31 B and the other ouster clauses namely Articles 31 A and 31 C is also made,
bringing out the effect and scope of Article 31 B. The
study covers a critical survey of judicial pronouncements
from 1951 to 2007.
26
Sazari, Ulfa, and Yenni Hayati. "Konflik Sosial dalam Novel Tiba Sebelum Berangkat Karya Faisal Oddang." Jurnal Bahasa dan Sastra 8, no. 2 (November 18, 2020): 72. http://dx.doi.org/10.24036/jbs.v8i2.109671.
Abstract:
This study aims to describe (1) the forms of social conflict in the Tiba Sebelum Berangkat’s novel by Faisal Oddang; (2) the causes of social conflict in the Tiba Sebelum Berangkat’s novel by Faisal Oddang; (3) the impact of social conflict in the Tiba Sebelum Berangkat’s novel by Faisal Oddang.This type of research is qualitative research using descriptive methods. The data contained in this study are in the form of words, phrases, clauses, and sentences that refer to social conflicts that occur in the Tiba Sebelum Berangkat’s novel by Faisal Oddang. The data source of this research is the Tiba Sebelum Berangkat’s novel by Faisal Oddang. The research instrument was the researcher himself with a tool in the form of a recording sheet to record matters relating to social conflicts contained in the Tiba Sebelum Berangkat’s novel by Faisal Oddang. Data collection techniques were carried out in several stages, namely (1) reading and understanding the novel that was the object of research; (2) marking the speeches of the characters and narrators in the novel in accordance with the data sought; (3) identifying data related to the research problem; (4) inventory data. The data validation technique used in this research is the triangulation technique. Data analysis technique is done by classifying data, interpreting data, and concluding research results.The results of the study found, namely: (1) the form of social conflict in the novel in the form of social conflict at the individual level, social conflict at the group or family level, and social conflict at the community level; (2) the causes of social conflict in the novel in the form of differences of opinion, differences in interests, and cultural conflicts; (3) the impact of social conflict in the novel in the form of inner destruction, loss of trust, and rift relations between individuals and groups.
27
Jaskuła, Lidia K. "Conflict of Values in the Licensing Procedure for Broadcasting Radio and Television Programmes in Poland." Teka Komisji Prawniczej PAN Oddział w Lublinie 15, no. 2 (December 31, 2022): 165–81. http://dx.doi.org/10.32084/tkp.4884.
Abstract:
The issue of the conflict of values in the licensing procedure for broadcasting radio and television programmes is a special case of such a clash in public economic law. The study entitled “Conflict of values in the licensing procedure for broadcasting radio and television programmes in Poland” aimed to conduct analyses to identify the values underlying licensing proceedings for broadcasting radio and television programmes in Poland, examine their potential for conflict and identify ways of resolving disputes arising in this area. The main issue of the article is formulated in the following question: “can the values determining the licensing procedure for broadcasting of radio and television programmes give rise to axiological conflicts, and if so, how should the conflicts be resolved?” The analyses conducted as part of the study led to the conclusion that the Polish broadcasting licensing procedure is determined by a number of values that may clash with one another. The entities responsible for resolving conflicts in practice and specific cases include the National Broadcasting Council and its President at the level of the administrative proceedings and the administrative courts at the level of administrative court proceedings. The settlement is based on the law, which, however, contains a number of general clauses. In order to interpret them correctly and, consequently, fairly resolve the conflict, it is crucial to refer to the fundamental source of all human rights and freedoms, including economic freedom and freedom of expression, paramount in this process – human dignity.
28
Tjabaka-Mokapane, Lemohang. "Categorial Conflict between Phrasal-Prepositional Verbs and Infinitives: The Great Complement Shift." Elsya : Journal of English Language Studies 5, no. 2 (June 23, 2023): 159–72. http://dx.doi.org/10.31849/elsya.v5i2.13447.
Abstract:
The development of grammatical forms and synchronic effects has captured a considerable interest of researchers across the globe. The research of this phenomenon is done to understand how certain linguistic forms arise and interact with other forms. Literature also discloses that a number of studies has addressed grammaticalisation of prepositions, which has somehow resulted in categorial conflict. However, there is dearth of literature that deals with /to/ to distinguish between phrasal-prepositional verbs and infinitives as a way of resolving the conflict. Again, some of the L2 students confuse complementation of /to/ in the phrasal-prepositional verb look forward to with that of the infinitives. They fail to draw a line of demarcation between the two constructions. Therefore, this qualitative study seeks to explore the status of /to/ in the phrasal-prepositional verb and infinitive clauses. It also identifies the category label of /to/ and describes its complementation. The study purposively and conveniently extracted data from Scott’s (2022) compilation of both application and cover letters. Following the Minimalist Program, the study reveals that /to/ in both the phrasal-prepositional verb and infinitives have gone through the process of grammaticalisation. It is noted that in the phrasal-prepositional verb, /to/ is still a preposition while in the infinitive clauses, it has gone through the great complementation shift known as decategorisation and extension, hence variation in category labelling. The study also presents that the structures of the phrasal-prepositional verb and the infinitive clauses vary based on the theory and concepts adopted. As a result, it is concluded that due to grammaticalisation of /to/ in both phrasal-prepositional verb and infinitive, their complementation differs.
29
Wisuttisak, Pornchai. "Australian Free Trade Agreement/Anti-dumping Clauses: Fair Trade or Anti-competitive Provision." Global Trade and Customs Journal 5, Issue 1 (January 1, 2010): 29–41. http://dx.doi.org/10.54648/gtcj2010003.
Abstract:
The anti-dumping clause on free trade agreement is originated as the remedy for protecting fair and competitive international trade. However, the clause can also be deviated to be the instrument of trade protection and the impediment of market competition. This article attempts to focus on the anti-dumping clause for Australian free trade agreement in this regard. It examines how anti-dumping may lead to anti-competitive behaviours, international cartels, and negative effect for consumer interests. It then discusses the conflict between the anti-dumping and competition law. The article proposes the possible solutions on short-and long-term basis to resolve the conflict
30
Orga-Dumitriu, Gina. "The Contributions Of CJEU In The Name Of The Principle Of Balancing – A Test Of The Role Of The Court?" International conference KNOWLEDGE-BASED ORGANIZATION 21, no. 2 (June 1, 2015): 472–78. http://dx.doi.org/10.1515/kbo-2015-0081.
Abstract:
Abstract From the traditional functions of the general principles of the EU law – of interpretation, completion of the gaps and legality control, the principle of balancing seems to meet the most the exigencies of the first of these. The limits of the role of CJEU are certainly put to the test when it is called to settle conflicts between fundamental rights/fundamental freedoms. The trends formulated in Schmidberger (on the conflict between the free circulation of the commodities and the freedom of expression) or Promusicae (on the conflict between the right to the effective protection of the intellectual property and the right to the respect of the private life and the protection of the personal data) are more than illustrative. The doctrine assessments of the action of this principle reflect three fields in which the applicability thereof tends to reserve to the Court a role that is susceptible of creating controversies on its traditional extension. According to the authorized voice of Professor Norbert Reich, the balancing in the jurisprudence on the abusive clauses, the balancing for the avoidance of excessive protection and the balancing in social conflicts (making visible an aggravation of the conflict between fundamental rights and fundamental freedoms) are concerned.
31
Van Caenegem, William. "Employee Know-How, Non-compete Clauses and Job Mobility across Civil and Common Law Systems." International Journal of Comparative Labour Law and Industrial Relations 29, Issue 2 (June 1, 2013): 219–38. http://dx.doi.org/10.54648/ijcl2013015.
Abstract:
The law relating to trade secrets and to enforcement of non-compete and confidentiality clauses in the post-termination phase impacts on the ability of employees to find new employment and to use knowledge accumulated in previous employment when they do. This article compares the approaches in select common law and civil law jurisdictions to these areas of law. The law is complex, not harmonized and often unpredictable, and a number of significant policy goals come into conflict. The article concludes that while calls for restricting non-competes have merit, they should be assessed in the context of the contiguous laws concerning other contractual clauses and trade secrets.
32
Zaikin, Oleg. "A parallel SAT solving algorithm based on improved handling of conflict clauses." Procedia Computer Science 119 (2017): 103–11. http://dx.doi.org/10.1016/j.procs.2017.11.166.
33
Ondřejek, Pavel. "A Structural Approach to the Effects of Fundamental Rights on Legal Transactions in Private Law." European Constitutional Law Review 13, no. 2 (May 26, 2017): 281–304. http://dx.doi.org/10.1017/s1574019617000062.
Abstract:
Horizontal effect of fundamental rights – Legal principles – Dichotomy between private and public law – Systemic or anti-systemic elements in legal orders – Conflict between contractual autonomy and fundamental rights – Coherence in law – Balancing – Cases of permissibility of bank charges in the Czech and German legal systems – General clauses on good morals and good faith in private law
34
Liu, Xin. "Conflict-Driven Learning in Test Pattern Generation." Advanced Materials Research 301-303 (July 2011): 1089–92. http://dx.doi.org/10.4028/www.scientific.net/amr.301-303.1089.
Abstract:
SAT-based automatic test pattern generation (ATPG) is built on a SAT-solver, which can be scalable is that it is able to take into account the information of high-level structure of formulas. Paper analyzes specific structure of circuit instances where correlations among signals have been established. This analysis is a heuristic learning method by earlier detecting assignment conflicts. Reconvergent fanout is a fundamental cause of the difficulty in testing generation, because they introduce dependencies in the values that can be assigned to nodes. Paper exploits reconvergent fanout analysis of circuit to gather information about local signal correlation through BDD learning, and then used the learned information in the conjunctive normal form (CNF) clauses to restrict and focus the overall search space of test pattern generation. The experimental results demonstrate the effectiveness of these learning techniques.
35
Zeng, Wei Peng, Li Sha Cai, Er Min Lin, and Guo Huang. "New Methods for Deriving All Minimal Diagnostic Using Satisfiability Algorithms." Applied Mechanics and Materials 543-547 (March 2014): 899–903. http://dx.doi.org/10.4028/www.scientific.net/amm.543-547.899.
Abstract:
In the model-based diagnosis reasoning, diagnosis in two steps,they are generating all minimal conflict sets of conflict identification and Generate all the minimal hitting sets of candidate generation.In this paper, we propose new method based on SAT solver generates all minimal diagnostic.Firstly the normal behavior,system model and obtained observations are described in conjunctive normal form.,then all related clauses of Pending diagnostic system put into SAT solvers. The decision circuit failure problem is converted to satisfiability problem. Hence combine CSSE-tree for solving minimal diagnostic.It can determine the point of failure without first solving the conflict set and then with hitting set algorithm.A method is presented to directly slove the minimum fault sets,which is quite different from the traditional model-based diagnosis.The diagnosis is only finished in one step.
36
Jin, Wanyi, and Yijia Li. "Exploring Solutions to the Conflict between the Ownership of Trust Property and the Numerus Clauses." SHS Web of Conferences 169 (2023): 01069. http://dx.doi.org/10.1051/shsconf/202316901069.
Abstract:
The principle of numerus clauses is the basic principle of civil law countries, and trusts, as a product of the common law system, are bound to diverge from it. Among them, the conflict between the ownership of trust property and the numerus clauses is the most significant. How to ease the conflict between the two in order to promote the long-term development of trusts in China has attracted a lot of attention. Trusts are developing rapidly around the world, and a comparative study approach has been adopted, of which the following are representative views: (i) Japanese scholars consider that trust is a legal relationship with both jus in rem and obligations, and thus hold the view that trust property has both owner’s right and creator’s right. (ii) the common-law scholars deem that the legal nature of a trust is that the trustee and the beneficiary share the ownership of the trust property, namely dual property rights, which is a kind of “ a bundle of rights “. This article argues that the contradiction between the ownership of trust property and the legal principle of property rights can be alleviated by strengthening the practical regulation and the improvement of the relevant laws based on the essence of trusts, which are based on trust.
37
Soon, Joel. "Jurisdictional Conflict Between the World Trade Organization and Regional Trade Agreements: Res Judicata Revisited." Journal of World Trade 56, Issue 6 (December 1, 2022): 899–914. http://dx.doi.org/10.54648/trad2022037.
Abstract:
This article discusses the long-standing issue of jurisdictional conflict in World Trade Organisation (WTO) jurisprudence, which has, in the recent decades, been exacerbated by the proliferation of Regional Trade Agreements (RTAs). An examination of WTO jurisprudence reveals that jurisdictional conflict stems from the lack of choice of forum clauses in WTO-covered agreements, and the lack of a hierarchy of sources in international law. While there exists legal basis for the application of general principles of international law such as res judicata, a careful analysis demonstrates that there is conceptual difficulty applying the doctrine in the context of WTO disputes. To remedy this, the article argues that the WTO Dispute Settlement Understanding (DSU) could be amended to allow for the operation of res judicata. WTO, res judicata, jurisdiction conflict, regional trade agreements, general principles of law, Dispute Settlement Understanding
38
Saul, Ben. "From conflict to complementarity: Reconciling international counterterrorism law and international humanitarian law." International Review of the Red Cross 103, no. 916-917 (April 2021): 157–202. http://dx.doi.org/10.1017/s181638312100031x.
Abstract:
AbstractThis article clarifies the ongoing confusion in doctrine and practice about both the actual and optimal interaction between international counterterrorism law (CTL) and international humanitarian law (IHL) in armed conflict. It discusses the advantages and disadvantages of the co-application of CTL with IHL, before considering a variety of techniques for mutually accommodating the interests of both regimes, particularly through partial exclusion clauses in counterterrorism instruments or laws. It concludes by identifying the optimal approach to the relationship between CTL and IHL, which recognizes the legitimate interests of both fields of law while minimizing the adverse impacts of each on the other.
39
Saul, Ben. "From conflict to complementarity: Reconciling international counterterrorism law and international humanitarian law." International Review of the Red Cross 103, no. 916-917 (April 2021): 157–202. http://dx.doi.org/10.1017/s181638312100031x.
Abstract:
AbstractThis article clarifies the ongoing confusion in doctrine and practice about both the actual and optimal interaction between international counterterrorism law (CTL) and international humanitarian law (IHL) in armed conflict. It discusses the advantages and disadvantages of the co-application of CTL with IHL, before considering a variety of techniques for mutually accommodating the interests of both regimes, particularly through partial exclusion clauses in counterterrorism instruments or laws. It concludes by identifying the optimal approach to the relationship between CTL and IHL, which recognizes the legitimate interests of both fields of law while minimizing the adverse impacts of each on the other.
40
Cai, Shaowei, Xindi Zhang, Mathias Fleury, and Armin Biere. "Better Decision Heuristics in CDCL through Local Search and Target Phases." Journal of Artificial Intelligence Research 74 (August 8, 2022): 1515–63. http://dx.doi.org/10.1613/jair.1.13666.
Abstract:
On practical applications, state-of-the-art SAT solvers dominantly use the conflict-driven clause learning (CDCL) paradigm. An alternative for satisfiable instances is local search solvers, which is more successful on random and hard combinatorial instances. Although there have been attempts to combine these methods in one framework, a tight integration which improves the state of the art on a broad set of application instances has been missing. We present a combination of techniques that achieves such an improvement. Our first contribution is to maximize in a local search fashion the assignment trail in CDCL, by sticking to and extending promising assignments via a technique called target phases. Second, we relax the CDCL framework by again extending promising branches to complete assignments while ignoring conflicts. These assignments are then used as starting point of local search which tries to find improved assignments with fewer unsatisfied clauses. Third, these improved assignments are imported back to the CDCL loop where they are used to determine the value assigned to decision variables. Finally, the conflict frequency of variables in local search can be exploited during variable selection in branching heuristics of CDCL. We implemented these techniques to improve three representative CDCL solvers (Glucose, MapleLcm DistChronoBT, and Kissat). Experiments on benchmarks from the main tracks of the last three SAT Competitions from 2019 to 2021 and an additional benchmark set from spectrum allocation show that the techniques bring significant improvements, particularly and not surprisingly, on satisfiable real-world application instances. We claim that these techniques were essential to the large increase in performance witnessed in the SAT Competition 2020 where Kissat and Relaxed LcmdCbDl NewTech were leading the field followed by CryptoMiniSAT-Ccnr, which also incorporated similar ideas.
41
Tischbirek, Alexander. "A Double Conflict of Laws: The Emergence of an EU “Staatskirchenrecht”?" German Law Journal 20, no. 7 (October 2019): 1066–78. http://dx.doi.org/10.1017/glj.2019.72.
Abstract:
AbstractThe law on state-church relations is no longer exclusively a national concern of the EU Member States. Despite supposedly strict neutrality clauses in the primary law of the EU and rigid statements—inter alia—by the German Federal Constitutional Court, it is safe to assume the formation of a supranational EU law on religion, which also touches upon the status of the churches and religious associations. This becomes obvious when state-church relations in Europe are reconstructed as a double conflict of laws that comprises interlocked conflicts between ecclesiastical law and worldly law, as well as between EU law and national law. Within the triangular relationship of these different legal spheres, EU law steers state-church relations towards the non-discrimination principle. The controversy in German law on religion between the proponents of a collective, institutionalist understanding (classic “Staatskirchenrecht”) and advocates of a rather fundamental rights-centered, individualist reading of the Constitution (“Religionsverfassungsrecht”) hence needs to be reconsidered. EU law calls for including yet a third paradigm into the debate: Equality.
42
Hashim, Abdulkadir. "Application of Muslim Personal Law in the Kenyan Courts: Problems and Prospects." Islamic Africa 11, no. 2 (September 1, 2021): 208–31. http://dx.doi.org/10.1163/21540993-01101015.
Abstract:
Abstract This paper examines the application of Muslim personal law in the Kenyan courts. It addresses jurisprudential issues which engage conventional government judges, magistrates and kadhis (Islamic judges). The interaction between the conventional and religious courts has paved the way for a conflict of laws on matters related to Muslim personal law and has led to an interesting scenario of constructive conversation and criticism that in turn has set the stage for an emerging comparative jurisprudence within a pluralistic society. Factors which contribute toward conflicts include wholesale adoption of Common Law and Islamic law notions and exemption clauses in statutes. To overcome the challenges facing the kadhis’ courts and the application of Muslim personal law in Kenya, the paper proposes the adoption of a progressive comparative jurisprudential approach in responding to emerging legal issues facing Muslim litigants in the Kenyan courts.
43
Zahoor, Ehtesham, Kashif Munir, Olivier Perrin, and Claude Godart. "A Bounded Model Checking Approach for the Verification of Web Services Composition." International Journal of Web Services Research 10, no. 4 (October 2013): 62–81. http://dx.doi.org/10.4018/ijwsr.2013100103.
Abstract:
In this paper, we propose a bounded model-checking based approach for the verification of declarative Web services composition processes using satisfiability solving (SAT). The need for the bounded model-checking approach stems from the nature of declarative processes as they are defined by only specifying the constraints that mark the boundary of the solution to the composition process. The proposed approach relies on using Event Calculus (EC) as the modeling formalism with a sound and complete EC to SAT encoding process. The use of EC as the modeling also formalism allows for a highly expressive approach for both the specification of composition model and for the specification of verification properties. Furthermore, as the conflict clauses returned by the SAT solver can be significantly large for complex processes and verification requirements, we propose a filtering criterion and defined patterns for identifying the clauses of interest for process verification.
44
Denisov, D. O. "On The Geneva Format For Resolving The Conflict In Ukraine." Humanities and Social Sciences. Bulletin of the Financial University 12, no. 2 (May 31, 2022): 22–30. http://dx.doi.org/10.26794/2226-7867-2022-12-2-22-30.
Abstract:
When considering the negotiation processes within the framework of the conflict in Donbass and the documents adopted, most researchers focus on the Minsk agreements and the Normandy format, as well as the processes associated with them. At the same time, it seems relevant to consider the Geneva format, which included representatives of Russia, Ukraine, the U.S., and the European Union, as the first attempt to resolve the crisis in Ukraine with the help of multilateral format of conflict resolution. This format allowed for the signing of the first comprehensive agreement to resolve the conflict — the Geneva statement, which became the forerunner of the Minsk agreements and other agreements to resolve the conflict. The document included provisions designed to reduce tensions, but due to different interpretations of the clauses of the agreement by the actors involved, it was not implemented in a comprehensive way. The aim of the study was to take a comprehensive look at the Geneva Format and the Geneva Statement to understand their place and role in the conflict resolution process. The study analyzed the background of the Geneva meeting, the positions of the parties involved in the discussions, the document adopted during the negotiations and the consequences of the agreements in the context of the developing conflict in Ukraine.
45
Ringwood, G. A. "A Comparative Exploration of Concurrent Logic Languages." Knowledge Engineering Review 4, no. 4 (December 1989): 305–32. http://dx.doi.org/10.1017/s0269888900005130.
Abstract:
AbstractThe execution model of Prolog, the first popular language based on Horn Clauses, was designed for efficient evaluation on von Neumann architectures. An alternative process model of execution, better suited for parallel evaluation and reactive programming, has given rise to a new class of languages based on Horn Clause logic, concurrent logic languages. There appears to be a profusion of languages which claim to fall into this class and it is difficult for an initiate to appreciate why each is the way it is. One notable member of this class, FGHC, forms the cornerstone of the Japanese 5th Generation Initiative. Fortunately, the seemingly exponential growth in these languages is only an illusion. A finite number of synchronization mechanisms arise from attempting (or sometimes not attempting) to control two principle synchronization difficulties: the premature binding problem and the binding conflict problem. Suitable combinations of these synchronization mechanisms reproduce the languages of this family. A background knowledge of Prolog is assumed and some familiarity with the difficulties encountered in concurrency would be advantageous.
46
Jain, Ashika, and Rohit Gupta. "Precluding the Wrongfulness of Derogations of International Human Rights Instruments." Asia-Pacific Journal on Human Rights and the Law 24, no. 1 (February 15, 2023): 127–54. http://dx.doi.org/10.1163/15718158-24010005.
Abstract:
Abstract Primary and secondary norms represent complementary systems of governance, one specifying the substantive obligations of states and the other imposing consequences upon deviation. Treaties which contain both primary and secondary norms generally operate as self-contained regimes as they oust the application of secondary norms under customary international law, such as those that might be invoked to justify deviations. Conflict, however, arises when the treaty norms seem to overlap with their customary counterpart, while remaining technically disjunct in their form. Derogation and limitation clauses in several international human rights instruments provide conditions in which a violation would be justified. On the other hand, customary international law also prescribes circumstances in which violations cannot be considered wrongful. This article addresses whether the existence of the former in treaties precludes the invocation of the latter. It also highlights the difficulty which arises in the interpretation of those instruments in which such derogation and limitation clauses are absent.
47
박태정. "Various Foreign Investments Protection Clauses in armed conflict under International Investment Treaties: Problems and Solutions." International Trade Law ll, no. 140 (August 2018): 10–28. http://dx.doi.org/10.36514/itl.2018..140.002.
48
Glac, Wojciech. "Zasada dobra dziecka w praktyce orzeczniczej polskich sądów." Homo et Societas 3 (2018): 110–18. http://dx.doi.org/10.4467/25436104hs.18.009.12310.
Abstract:
The Best Interests of the Child Principle in Judicial Practice of Polish Courts – a Review The best interests principle being one of the Polish family law general clauses consists in respect for child’s subjectivity with special regard to conflict or critical situations in their family. The Polish judicature unanimously indicates that the best interests of the child are superior value requiring extraordinary guarantee from the state. The paper comprises a review of selected court rulings which shape the judicial area the above-mentioned principle is applied in.
49
Purwanti, M. M. Fajar, Fadlan Fadlan, and Siti Nurkhotijah. "Juridical Analysis of Shareholder Agreement Letters as a Form of Legal Protection (Research Study in Companies in Batam City)." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 2 (December 1, 2023): 1523–29. http://dx.doi.org/10.57235/qistina.v2i2.1346.
Abstract:
Private companies are one of the main pillars of the national economy in sustainable national development. In carrying out business activities, conflicts often occur between the shareholders of a company. The governance of a company is regulated in Law Number 40 of 2007. The reality of the business world is that often the articles of association in the deed of establishment of a Limited Liability Company as a place to accommodate the clauses agreed to by the shareholders cannot accommodate clauses that are specific to the objectives of the shareholders. shares to manage the running of the Limited Liability Company business they established. This research uses empirical juridical methods. The data used uses secondary data taken as primary data from the collection of laws and regulations relating to the object under study, and secondary and tertiary data from official documents, journals and the internet. Data collection was carried out by means of one-sided questions and answers which was carried out systematically and based on the research objectives. From the results of this research, data was obtained that Limited Liability Companies located in the city of Batam do not pay attention to company governance procedures as regulated in the articles of association in the company's Deed of Establishment, thus providing opportunities for misuse of this trust. Progress in business governance is not well anticipated, which creates gaps in increasing conflict between shareholders in the company. The choice of litigation resolution, which takes a long time and is expensive, is an obstacle to resolving this conflict. The Shareholders' Agreement Letter as a mitigation for future conflict management for the shareholders of a Limited Liability Company should be used from the moment the shareholder's self-binding agreement was made when establishing the company. A shareholder agreement is a legal document that regulates the relationship between the company's shareholders, which concerns their interests or the interests of the Company. Explicitly in UUPT no. 40 of 2007, Article 4 states that this law, the Company's articles of association and other statutory provisions, Article 1320 concerning the validity of agreements, Article 1338 of the Civil Code, binding agreements as law for the founders, applies to the Limited Liability Companies. A shareholder agreement letter is an agreement made in addition to the Articles of Association made by the parties.
50
Vandenberghe, Marijn J. "Villains Called Sicarii: A Commonplace for Rhetorical Vituperation in the Texts of Flavius Josephus." Journal for the Study of Judaism 47, no. 4-5 (October 24, 2016): 475–507. http://dx.doi.org/10.1163/15700631-12340462.
Abstract:
Examining the presentation of sicarii in Flavius Josephus’s Judean War from a rhetorical perspective, this article argues that each reference to sicarii alludes to the clauses of a Roman law concerning sicarii, which Josephus has used as a commonplace for rhetorical vituperation against particular groups. Three literary-rhetorical tendencies of War are highlighted to show how this vituperation, as well as the connection between War’s sicarii and the so called Fourth Philosophy, is part of a general rhetorical strategy to shift the blame for the outbreak of the violent conflict to one particular rebel group.