Journal articles on the topic 'Evolutive interpretation'
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1
Guder, Lamessa Gudeta. "THE NATURE OF EVOLUTIVE TREATY INTERPRETATION: DOES EVOLUTIVE TREATY INTERPRETATION OPERATING UNDER VCLT?" Journal of Asian and African Social Science and Humanities 8, no. 2 (June 30, 2022): 83–89. http://dx.doi.org/10.55327/jaash.v8i2.263.
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Treaty is not static, evolutively interpreted. Interpretation as it seems has always had a prominent and contentious place in international adjudication, and its application has been further enhanced for a century. The significance attached to the interpretation of treaties cannot be overemphasized, because it is of great importance that only the intent of a treaty is activated. The Vienna Convention on the Law of Treaties has been applied towards the interpretation of treaties. This treaty covers the issue of interpretation and the various methods which shall be applied during adjudication with respect to interpretation of treaties. It is necessary to consider the nature and operation of evolutive treaty interpretation in various bilateral and multi lateral treaties-Whether it is operating under Vienna convention law of treaty or under separate heading.
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Gavrilova, Julia. "On Evolutive Interpretation in Russian Law." Legal Concept, no. 1 (April 2021): 50–55. http://dx.doi.org/10.15688/lc.jvolsu.2021.1.7.
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Introduction: the paper discusses the analysis of evolutive interpretation as a special phenomenon in the theory of legal interpretation. There is no this phenomenon among the traditional ways and types of interpretation in domestic law. First, this concept originated in the depths of the sociological legal understanding, which requires the judge to make decisions that meet legal justice and public expectations. Secondly, from these positions, any product that the court “produces” within the framework of the sociological approach to law is judicial law-making. The question of its terminological designation is related to the peculiarities of the implementation of approaches to legal understanding in the practical activities of the court. Third, the term “evolutive” interpretation, which has developed in the activities of the supranational judicial institutions of the integration associations, has historically proved to be euphonious, convenient and suitable for practical use. The purpose of the research is to formulate the methodological foundations of the application and the characteristic features of the evolutive interpretation. The objectives of the research are to reveal the features of the historical genesis, the essential features of evolutive interpretation from the point of view of judicial and scientific doctrine, to show that this ambiguous concept is still the subject of scientific discussion. Methods: the paper uses the philosophical and general scientific principles; the system, genetic and activity approaches; the formal-legal, system and cultural-historical methods. Results: when discussing the possibility of extrapolating the foreign term “evolutive” interpretation into the domestic legal system, it is necessary to observe the continuity of the development of the domestic legal science and the national legal traditions. It is necessary to proceed from the achieved national experience of technical and legal support and terminologization of law-making and law-enforcement processes.
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Marceau, Gabrielle. "Evolutive Interpretation by the WTO Adjudicator." Journal of International Economic Law 21, no. 4 (November 29, 2018): 791–813. http://dx.doi.org/10.1093/jiel/jgy042.
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Bureš, Pavel. "Evolution interpretation and the European consensus before the European court of human rights." Espaço Jurídico Journal of Law [EJJL] 20, no. 1 (June 28, 2019): 73–84. http://dx.doi.org/10.18593/ejjl.20214.
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The interpretation of the European convention on human rights has been shaped by rich jurisprudence of the European Court of human rights which on several occasions had to resort to so-called evolutive interpretation based on the concept of European consensus. This article focuses on basic elements of the interpretation of the Convention ant its position in the application of conventional rights. It gives first a general historical presentation, then deals with different perspectives playing a role for a better understanding of evolutive interpretation and finishes with a general presentation of European consensus which is a key element for evolutive interpretation.
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Arato, Julian. "Subsequent Practice and Evolutive Interpretation: Techniques of Treaty Interpretation over Time and Their Diverse Consequences." Law & Practice of International Courts and Tribunals 9, no. 3 (2010): 443–94. http://dx.doi.org/10.1163/157180310x539511.
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AbstractThis paper compares two different means of treaty interpretation by which a treaty or treaty provision may change over time: the interpretation and reinterpretation of a treaty on the basis of its evolutive character, and the (re)interpretation of a treaty on the basis of the subsequent practice of the parties. I contend that evolutive interpretation and interpretation based on subsequent practice do not simply refer to two different and distinct phenomena ‐ as a practical matter they constitute two different “techniques of interpretation” which may or may not both be applicable in a particular case, and may sometimes both be applicable but mutually exclusive. The basic problem of the paper revolves around the following question: where the evidence is uncertain, or ambivalent, which technique ‐ if any ‐ should be applied? My goal is to show that although both techniques may be applicable to a treaty in a given case, the application of one or the other doctrine will have different consequences in the short and long term. In so doing, I will first expound the immediate effects of the techniques by examining them individually with an eye to their evidentiary criteria and their relative expansive potentialities. I shall then illustrate and compare their respective long term consequences, which I categorize as “vertical” (with respect to successive interpretations of the particular treaty in question) and “horizontal” (referring to effects on the interpretation of other treaties). Ultimately, I want to argue that neither means of interpretation is more appropriate across the board, and therefore the choice between the two techniques should be informed by the consideration of their consequences in light of the object and purpose of the particular treaty to be interpreted.
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Johansen, Julia Nordvang. "Towards a More Restrictive Interpretation of the Right to Liberty in Article 5(1) ECHR?" Zeitschrift für europarechtliche Studien 25, no. 1 (2022): 89–110. http://dx.doi.org/10.5771/1435-439x-2022-1-89.
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The contribution concerns the interpretation by the European Court of Human Rights (ECtHR) of the right to liberty in Article 5 (1) of the European Convention on Human Rights (ECHR). It argues that the Court has interpreted the right to liberty restrictively by way of public security grounds, with the result that more room is given to interference by state authorities at the expense of individual protection, compared to earlier interpretations. This assertion is supported by the analyses of four Grand Chamber cases the author believes stands for a restrictive interpretation of Article 5 (1), either through a narrow interpretation of its scope, or a wide interpretation of its exceptions. The use of present-day conditions in the Court’s reasoning is examined to identify their role in the development towards a restrictive interpretation of the right to liberty, and it is argued that the restrictive approach is a variation of the method of ‘evolutive interpretation’. On the basis of the analyses, it is finally argued that the list of permissible detention grounds in Article 5 (1) is no longer exhaustive.
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Dzehtsiarou, Kanstantsin. "European Consensus and the Evolutive Interpretation of the European Convention on Human Rights." German Law Journal 12, no. 10 (October 1, 2011): 1730–45. http://dx.doi.org/10.1017/s2071832200017533.
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The European Convention of Human Rights (ECHR) should be an instrument of development and improvement rather than an “end game” treaty which froze the state of affairs that existed 60 years ago. At the same time, evolutive interpretation should not be tantamount to arbitrary interpretation. This paper seeks to explain how the European Court of Human Rights (“ECtHR”) strikes a balance between development and stability.
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Arévalo Narváez, Carlos Enrique, and Paola Andrea Patarroyo Ramírez. "Treaties over Time and Human Rights: A Case Law Analysis of the Inter-American Court of Human Rights." ACDI - Anuario Colombiano de Derecho Internacional 10 (March 1, 2017): 295. http://dx.doi.org/10.12804/revistas.urosario.edu.co/acdi/a.5290.
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This paper analyzes the issue of treaties over time and the interpretations of the Inter-American Court of Human Rights in this context. Parts 1 and 2 introduce the elements of treaty interpretation in general international law, providing criteria for the application of the evolutionary approach to treaty interpretation, the debate between the application of evolutive interpretation and the use of subsequent conduct. Part 3 addresses the issue of fragmentation in international human rights law, and through the case law of the Inter-American Court of Human Rights, provides evidence for the application of the rules of general international law to interpret the American Convention on Human Rights. Finally, conclusions are extracted on the basis of the case law analyzed, contrasting the Court’s application of the American Convention over time, the conclusions of the International Law Commission Reports on the Fragmentation of International Law in 2008, and the preliminary conclusions of the Study Group on Subsequent Agreements and Subsequent Practice concerning treaty interpretation and the issue of the passage of time.
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Đajić, Sanja. "Mechanisms of defragmentation of international law: Systemic interpretation, evolutive interpretation and judicial activism of the European court of Human Rights." Zbornik radova Pravnog fakulteta, Novi Sad 53, no. 2 (2019): 363–75. http://dx.doi.org/10.5937/zrpfns53-23515.
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Chernykh, Yuliya. "Static and Evolutive Treaty Interpretation. A Functional Reconstruction, written by Christian Djeffal." Nordic Journal of International Law 86, no. 4 (November 8, 2017): 547–51. http://dx.doi.org/10.1163/15718107-08604001.
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Raxter, Lena. "A Dangerous Loophole: the Biological Weapons Convention's New Interpretation that Better Addresses Potentially Deadly Biological Research." International Journal of Legal Information 49, no. 2 (2021): 102–29. http://dx.doi.org/10.1017/jli.2021.13.
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AbstractThere are three types of weapons of mass destruction (WMDs)—nuclear, chemical, and biological. Of the three WMDs, biological weapons are arguably the most dangerous as they are the most indiscriminate, the least controllable, and the least expensive to create. The seminal treaty for establishing legal constraints on this vital issue is the 1972 Biological Weapons Convention (BWC).2 Article I of the BWC specifically outlaws State acquisition of “microbial or other biological agents, or toxins whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes . . .”3The Vienna Convention on the Law of Treaties4 (VCLT) provides the general rule for how to interpret treaty language: “a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose.”5 Problematically, by reading the BWC in light of this general rule, because the BWC only prohibits acquisitions that have “no justification,” the ordinary meaning of the text creates a wide loophole through which States may argue the acquisition of a potentially prohibited material has some justification, however minor, and therefore is not prohibited.The Comment first reviews the background of biological weapons and regulation of their use. In this section, the Comment also describes the VCLT requirements for treaty interpretation and the evolutive approach to interpretation. Next, the Comment conducts a global analysis of State practice in regards to biosafety and biosecurity regulatory measures. It then analyzes the BWC using the various treaty interpretation methods—including addressing how subsequent state practice has affected this interpretation, and how an evolutive approach to interpretation changes the meaning of Article I of the BWC. Lastly, in recognition of this evolution in the law, this Comment recommends how to update enforcement mechanisms to accurately reflect the new state of the law.
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Morte Gómez, Carmen. "Los derechos económicos y sociales en la jurisprudencia reciente del Tribunal Europeo de Derechos Humanos: una selección." Teoría y Realidad Constitucional, no. 42 (January 30, 2019): 551. http://dx.doi.org/10.5944/trc.42.2018.23646.
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El Tribunal Europeo de Derechos Humanos y su jurisprudencia han analizado diversas situaciones y dictado numerosas sentencias a lo largo de los años estableciendo que el convenio impone obligaciones positivas a los Estados en el contexto de los derechos económicos y sociales y/o protegiendo indirectamente estos derechos indirectamente, mediante la interpretación abierta, dinámica y evolutiva del Tribunal.The European Court of Human Rights and its case law have faced several situations and issued many judgments over the years stating that the Convention imposes obligations on the States in an economic and social context and/or indirectly protecting these rights, which the Court has examined via a broad, dynamic and evolutive interpretation.
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Triantafilou, Epaminontas E. "Contemporaneity and Evolutive Interpretation under the Vienna Convention on the Law of Treaties." ICSID Review 32, no. 1 (December 24, 2016): 138–69. http://dx.doi.org/10.1093/icsidreview/siw019.
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Bjorge, Eirik. "I. INTERNATIONAL COURT OF JUSTICE,CASE CONCERNING THE DISPUTE REGARDING NAVIGATIONAL AND RELATED RIGHTS (COSTA RICA V NICARAGUA)JUDGMENT OF 13 JULY 2009." International and Comparative Law Quarterly 60, no. 1 (January 2011): 271–79. http://dx.doi.org/10.1017/s0020589310000758.
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The technique of ‘evolutive interpretation’ is well known in public international law.2It is particularly associated with treaty regimes like that of the European Convention on Human Rights (ECHR).3The currency of this technique of interpretation has, however, been less evident ingeneralpublic international law. It is not insignificant therefore that the International Court of Justice (ICJ), in a case about navigational and related rights has now made unambiguously clear that, where the parties have used generic terms in a treaty, aware that the meaning of the terms was likely to evolve over time, and where the treaty is one of continuing duration, the parties as a general rule must be presumed to have intended those terms to have an ‘evolving meaning’.4
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Trykhlib, Kristina. "Law-Making Activity in the Case Law of the Constitutional Court of Ukraine." International and Comparative Law Review 19, no. 2 (December 1, 2019): 27–75. http://dx.doi.org/10.2478/iclr-2019-0014.
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Summary The aim of this paper is to reveal and examine law-making elements in the jurisprudence of the Constitutional Court of Ukraine. It should be noted that the Constitutional Court has no direct powers to establish new legal norms under national legislation. However, in the process of constitutional interpretation, the case law of the Court demonstrates de facto the presence of law-making activity, that leads to the extension of its discretionary power on the formation of law. The paper will focus on the analysis of the practice of the Constitutional Court of Ukraine with regard to the ‘creative interpretation’ of law. A review of selected case law leads to a conclusion that the Constitutional Court often uses the dynamic interpretation of the Constitution. Moreover, the Court may change its own legal position in order to protect constitutional rights. Thus, the Constitutional Court of Ukraine has the right to ‘develop’ the law through evolutive interpretation of the Constitution. It can also be concluded that the Constitutional Court enjoys a wide ‘margin of appreciation’ in its interpreting of the Constitution.
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De Donatis, Mauro, Olivia Nesci, Daniele Savelli, Giulio F. Pappafico, and Sara Susini. "Geomorphological Evolution of the Sena Gallica Site in the Morpho-Evolutive Quaternary Context of the Northern-Marche Coastal Sector (Italy)." Geosciences 9, no. 6 (June 21, 2019): 272. http://dx.doi.org/10.3390/geosciences9060272.
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The Sena Gallica Roman town was settled on the Adriatic coast in the 5th to 4th century BC. The choice of the site was largely influenced by the geomorphological and physiographic conditions near the Misa river mouth. The interactions among climate variation, river dynamics, and marine oscillation determined the anthropic development. At the same time, the new settlement strongly influenced the evolution of this sector in both medieval and in recent times. This work aims to highlight the geological setting and geomorphological evolution of the Senigallia area within the Northern Marche region, taking into account the main scientific literature and new studies to propose a new interpretation of the Holocene history.
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von Gall, Caroline. "The Concept of the ‘Living Constitution’ in Russian Constitutional Theory and Practice." Review of Central and East European Law 46, no. 3-4 (December 8, 2021): 416–45. http://dx.doi.org/10.1163/15730352-bja10052.
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Abstract In discussing the concept of the ‘living constitution’ in Russian constitutional theory and practice, this paper shows that the Russian concept of the living constitution differs from U.S. or European approaches to evolutive interpretation. The Russian concept has its roots in Soviet and pre-revolutionary Russian constitutional thinking. It reduces the normative power of the Constitution but allows an interpretation according to changing social conditions and gives the legislator a broad margin of appreciation. Whereas the 1993 Russian constitutional reform had been regarded as a paradigm shift with the intention to break with the past by declaring that the Constitution shall have supreme judicial force and direct effect, the paper also gives answers to the complexity of constitutional change and legal transplants and the role of constitutional theory and practice for the functioning of the current authoritarian regime in Russia.
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Begoore, Yateesh. "Prisoners Dilemma: Ascertaining and Augmenting the Multinational NIAC Detention Regime." Max Planck Yearbook of United Nations Law Online 20, no. 1 (August 29, 2017): 436–58. http://dx.doi.org/10.1163/13894633_02001014.
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While International Humanitarian Law (IHL) contains a comprehensive framework of rules and procedural protections for detainees in international armed conflicts (IACS), there is a conspicuous absence of such rules and protections for detainees in the case of non-international armed conflicts (NIACS). In fact, as the recent Serdar Mohammad v. Ministry of Defence case pointed out, the rules pertaining to NIACS make no mention of detention authority at all, leading some scholars to conclude that International Human Rights Law (IHRL), and not IHL, governs NIAC detention. Contrarily, this paper contends that not only does IHL govern (as well as grant authority for) NIAC detentions, the regime’s shortcomings regarding procedural safe-guards and treatment standards may be remedied through the application of the Copenhagen Process Principles – as evolutive interpretation or interpretation based on subsequent agreement – to Common Art. 3 of the Geneva Conventions.
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ARAÚJO, Evaldo Stanislau Affonso de, Norma de Paula CAVALHEIRO, Regina Maria Cubero LEITÃO, Rose Aparecida Borges TOSTA, and Antonio Alci BARONE. "Hepatitis C viral load does not predict disease outcome: going beyond numbers." Revista do Instituto de Medicina Tropical de São Paulo 44, no. 2 (April 2002): 71–78. http://dx.doi.org/10.1590/s0036-46652002000200004.
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The analysis of 58 patients with chronic hepatitis C without cirrhosis and treated with interferon-alpha demonstrated that hepatitis C viral (HCV) load does not correlate with the histological evolution of the disease (p = 0.6559 for architectural alterations and p = 0.6271 for the histological activity index). Therefore, the use of viral RNA quantification as an evolutive predictor or determinant of the severity of hepatitis C is incorrect and of relative value. A review of the literature provided fundamental and interdependent HCV (genotype, heterogeneity and mutants, specific proteins), host (sex, age, weight, etc) and treatment variables (dosage, time of treatment, type of interferon) within the broader context of viral kinetics, interferon-mediated immunological response (in addition to natural immunity against HCV) and the role of interferon as a modulator of fibrogenesis. Therefore, viral load implies much more than numbers and the correct interpretation of these data should consider a broader context depending on multiple factors that are more complex than the simple value obtained upon quantification.
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McKeever, David. "EVOLVING INTERPRETATION OF MULTILATERAL TREATIES: ’ACTS CONTRARY TO THE PURPOSES AND PRINCIPLES OF THE UNITED NATIONS’ IN THE REFUGEE CONVENTION." International and Comparative Law Quarterly 64, no. 2 (March 31, 2015): 405–44. http://dx.doi.org/10.1017/s0020589315000032.
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AbstractThe 1951 Refugee Convention does not apply to a person with respect to whom there are serious reasons for considering that ‘he has been guilty of acts contrary to the purposes and principles of the United Nations’ (Article 1(F)(c)). To date, this exclusion clause has generally been interpreted by courts, commentators and UNHCR in a static manner which fails to take into account developments in international law and practice. This paper considers the ‘evolutive approach’ to treaty interpretation, generally, and applies this approach, alongside standard rules of treaty interpretation, to Article 1(F)(c). This paper challenges a number of assertions commonly made regarding this clause, and concludes that it should be interpreted to the effect that conduct amounting to serious or sustained human rights violations, such that would constitute ‘persecution’ for the purposes of Article 1(A)(2) of the Convention, meets the standard for exclusion under Article 1(F)(c).
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Lankosz, Kazimierz. "Considerations on Limits to Dynamic / Evolutive Interpretation of Constituent Instruments of International Organizations (with the Particular Reference to the UN System)." Eastern European Journal of Transnational Relations 5, no. 1 (2021): 7–16. http://dx.doi.org/10.15290/eejtr.2021.05.01.01.
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International organizations, for the purpose of further considerations are these established by multilateral treaties constituting their internal legal order and establishing legal personality for them, which is independent and separate from their member states. The emphasis in this article is on the UN and its Specialized Agencies. Since in practice their constituent instruments are interpreted on the daily basis in the continuous process of performing their functions and filling the gaps, some of extensive interpretations may lead to informal modifications of the constitutional instruments. To examine whether there are any limits to the dynamic / evolutive (extensive) interpretations is of grave significance both for international law doctrine and practice, as well as political reality. In conclusion: the Report and the IDI Resolution adopted on 4th September, 2021, are the good ground for better understanding of recent developments in the daily lives of the UN System.
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FENG, YU-LEI, LI-XIN XU, and YU-TING WANG. "DIMENSION EMERGENCE, HOLOGRAPHY AND QUANTUM GRAVITY." International Journal of Modern Physics A 26, no. 21 (August 20, 2011): 3679–96. http://dx.doi.org/10.1142/s0217751x11054000.
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In this paper, we try to give an alternative interpretation of the holography principle. We argue that the space or time may be regarded as emerging from quantum mechanics as an evolutive parameter. The lower D-dimensional theory is related to a corresponding (D+1)-theory by a mysterious quantum system. Then from the higher-dimensional theory, under a new dimension reduction mechanism we obtain the corresponding results. We also try to incorporate the gauge field into the reduction, roughly identifying Aμ with Nμ which is the shift vector in the ADM-like decomposition of space–time metric. In the end, we extend to the gravitational field, and obtain a relation [Formula: see text] with a cutoff factor κ, from a different view.
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Matia Portilla, Francisco Javier. "Interpretación evolutiva de la Constitución y legitimidad del matrimonio formado por personas del mismo sexo = Evolutionary interpretation of the constitution and legitimacy of the marriage formed by persons of the same sex." Teoría y Realidad Constitucional, no. 31 (January 1, 2013): 541. http://dx.doi.org/10.5944/trc.31.2013.10320.
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La decisión legislativa de abrir la institución del matrimonio a las parejas formadas por personas del mismo sexo y de permitirles la adopción de menores, a través de la Ley 13/2005, generó en nuestro país un, en ocasiones, enconado debate doctrinal. Si la pretensión del Tribunal Constitucional en su Sentencia 198/2012, que resuelve el recurso de inconstitucionalidad promovido contra la citada Ley, era superar dicho debate, no parece que lo haya conseguido. La opción de la mayoría de realizar una interpretación evolutiva de la Constitución, o los argumentos manejados en los Votos Particulares propician nuevas reflexiones, como son las que se ofrecen en el presente estudio.The legislative decision that opened in our legal system the marriage institution to same-sex couples, allowing child adoption, provoked, at some point, an intense doctrinal debate. If the intention of the Spanish Constitutional Court, through the Judgment 198/2012, that settled the constitutional demand promoted against the cited decision, was to finish those debates, it doesn´t seem that the purpose was achieved. The majoritarian option dealing with an evolutive interpretation of the Constitution, or the reasons given in the dissent opinions, brought new considerations, like the ones given in this paper.
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Yildirim, Mine. "Conscientious Objection to Military Service: International Human Rights Law and the Case of Turkey." Religion & Human Rights 5, no. 1 (2010): 65–91. http://dx.doi.org/10.1163/187103210x513639.
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AbstractThe assessment of claims of conscientious objection to military service under freedom of religion or belief provisions has been an evolutive process in international human rights law. In Turkey, the right to conscientious objection to military service is not recognized, nor is there a specific punishment due for non-performance of military service on grounds of religious or philosophical beliefs. Military service is compulsory for every Turkish male citizen. The article in hand aims, firstly, to provide a survey on the status of the right to conscientious objection to military service in international human rights law and to propose a harmonizing interpretation that would allow for the evaluation of cases of conscientious objection under relevant provisions protecting freedom of religion or belief and secondly, to evaluate the Turkish legislation in relation to conscientious objection to military service and highlight human rights issues that arise due to a lack of legal regulation on conscientious objection to military service.
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Князев, Сергей, and Syergyey Knyazyev. "Executive Force of the ECtHR Judgments in a Legal System of the Russian Federation (on the Basis of the Practice of the Constitutional Court)." Journal of Russian Law 4, no. 12 (December 5, 2016): 0. http://dx.doi.org/10.12737/22715.
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The article deals with the complex of issues concerned with the acknowledgement of the executive force of judgments of the European Court of Human Rights (ECtHR) and ensuring their implementation in the Russian Federation. According to the author, the main difficulties of the implementation of the Convention´s provisions for Russia are not connected with the Convention for the Protection of Human Rights and Fundamental Freedoms per se, but the interpretation of its norms in the judgments of the ECtHR. The author emphasized that the ECtHR usually avoids the direct conflicts with the Russian constitutional order in a process of decision-making and their execution does not cause any problems in a majority of cases. However, the active using of such tools as evolutive interpretation, European consensus, limits of national discretion, etc. by the ECtHR leads to the fact that its judgments are in contradiction with the Russian Constitution or legal positions of the Constitutional Court of the Russian Federation. Such ECtHR judgments are the subject matter of analysis of present article in a view of the assessing their executive force. On a basis of the systematic analysis of the legal positions of the Constitutional Court of the Russian Federation, the author comes to the conclusion about the necessity of surveying of all available to the Russian authorities’ funds to maintain a cohesive European (Convention) and national (constitutional) legal orders. Derogation from the legal obligation of the ECtHR judgments can be permissible in exceptional cases only and may be dictated only by the aims of protection of the state sovereignty and the supremacy of the Constitution of the Russian Federation.
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Fuentes, Alejandro, and Marina Vannelli. "Human Rights of Children in the Context of Migration Processes. Innovative Efforts for Integrating Regional Human Rights Standards in the Americas." Laws 8, no. 4 (November 22, 2019): 31. http://dx.doi.org/10.3390/laws8040031.
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This paper proposes a critical analysis of the innovative jurisprudential approaches taken by the Inter-American Court of Human Rights in integrating the content and scope of protection of the human rights of children, in the context of migration processes. How might one provide an effective protection to unaccompanied children that enter irregularly into the territory of a given country, when the safeguards guaranteed at the national level are elusive or inefficient? By focusing on the pioneering jurisprudence developed by the Inter-American Court of Human Rights in recent years, this paper intends to unveil how a systemic integration of children’s rights, under the light of the current international law developments, could provide an effective protection for the rights of children in the context of migration processes. In fact, as a result of an evolutive, dynamic and effective interpretation, the regional tribunal has expanded the scope of protection of the American Convention on Human Rights, by taking into consideration and making known, references to instruments and provisions enshrined within the corpus juris of international human rights law, such as the UN Convention of the Rights of the Child, and—consequently—improving the level of protection of millions of children in the Americas.
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Alegre Martínez, Miguel Ángel. "Vigilando al vigilante: el Tribunal Constitucional y sus circunstancias = Guarding the guardian: The constitutional court and its circumstances." Revista Jurídica de la Universidad de León, no. 4 (December 20, 2017): 135. http://dx.doi.org/10.18002/rjule.v0i4.5289.
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<p>El escaso uso de los mecanismos de reforma constitucional ha hecho recaer sobre el Tribunal Constitucional, casi en exclusiva, la tarea de actualizar la Constitución española de 1978, a través de la interpretación evolutiva de la misma. En este trabajo, nos ocupamos, por una parte, de las dificultades a las que el Tribunal Constitucional ha tenido que enfrentarse en el desempeño de sus funciones; y, por otra, en el mayor o menor acierto en el ejercicio de las mismas. Reflexionamos sobre la delicada posición del Tribunal Constitucional, situado en el límite entre interpretar la voluntad del poder constituyente y sustituirla; así como en la frontera entre el activismo y la autocontención. Intentamos establecer la incidencia de algunas de sus decisiones sobre los problemas que afectan actualmente a nuestro sistema constitucional, en especial al Estado de las Autonomías.</p><p> </p><p>The limited use of the mechanisms of constitutional reform has made to rest on the Constitutional Court, almost exclusively, the task of updating the Spanish Constitution of 1978, through its evolutive interpretation. In this paper, we attend to, on the one hand, the difficulties to which the Constitutional Court has had to face in the development of its functions; and, on the other hand, the greater or lesser success in the exercise of the same. We reflect about the delicate position of the Constitutional Court, located on the border between interpreting the will of the constituent power or replace it; as well as on the border between activism or self-restraint. We are trying to establish the incidence of some of its decisions on the problems that currently affect our constitutional system, in particular to the State of Autonomies.</p>
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Vilajosana, Josep M. "Democracia y derecho a decidir = Democracy and the right to decide." EUNOMÍA. Revista en Cultura de la Legalidad, no. 18 (April 1, 2020): 375. http://dx.doi.org/10.20318/eunomia.2020.5284.
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Resumen: En este artículo, el autor defiende el derecho a decidir, concretado así: un referéndum sobre el futuro de Cataluña no está prohibido en la Constitución española. Esta tesis se sustenta en que tanto el principio de indisolubilidad (art. 2.1. CE) como el de la soberanía nacional (art. 1.2. CE) deben ponderarse adecuadamente con los principios definitorios de una democracia liberal (arts. 1.1., 23.1, 9 y 10 CE). Desde esta perspectiva, el trabajo ofrece razones para justificar dos cuestiones importantes: 1) la posibilidad de realizar un referéndum sobre la independencia de Cataluña, teniendo en cuenta una interpretación evolutiva de los derechos democráticos vinculados a una concepción densa de la democracia; 2) la posibilidad de que esa consulta tenga como sujetos a los catalanes, con el fin de evitar pasar del principio de la mayoría al dominio de la mayoría.Palabras clave: Legalidad, legitimidad, principios, democracia, derecho a decidir, Constitución.Abstract: In this article, the author defends the right to decide, meaning that holding a referendum on the political future of Catalonia is not banned by the Spanish Constitution (SC). The principal reason cited is that the principle of indissolubility (section 2.1 of the SC) and the principle of national sovereignty (section 1.2 SC) should be adequately balanced with the principles of liberal democracy (as defined in sections 1.1., 23.1., 9 and 10 of the SC). In light of this perspective, the article provides justification for two main aspects: 1) holding a referendum on Catalonia's independence on the grounds of an evolutive interpretation of democratic rights linked to a dense conception of democracy; and 2) holding a referendum exclusively in Catalonia, in order to avoid shifting from the principle of the majority to the dominion of the majorities. Keywords: Legality, legitimacy, principles, democracy, right to decide, Constitution.
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Corsi, Jessica Lynn. "Legal justifications for gender parity on the bench of the International Court of Justice: An argument for evolutive interpretation of Article 9 of the ICJ Statute – CORRIGENDUM." Leiden Journal of International Law 35, no. 1 (December 9, 2021): 219. http://dx.doi.org/10.1017/s0922156521000571.
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Usachev, Aleksei. "PROBLEMS OF THE INTERPRETATIVE TREATMENT OF F. SHOPIN’S WORKS ON THE EXAMPLE OF BALLAD NO.1, OP. 23." Studiul artelor şi culturologie: istorie, teorie, practică, no. 1(42) (September 2022): 80–86. http://dx.doi.org/10.55383/amtap.2022.1.15.
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In this article, on the basis of the method of comparative analysis, the author examines the phenomenon of piano interpretation, touching upon the issues of performing interpretation using examples of the treatment of F. Chopin’s Ballad No.1 by three of the greatest contemporary pianists – A. Rubinstein, K. Zimerman and S. Neuhaus. The variability of perception of this work in their interpretations once again raises the problem of objectivity and subjectivity of performance, the degree of freedom of the performer. The interpretative and stylistic contrast of interpretation presented in the work allows us to consider some of the features of the evolution of piano traditions in the 20th century.
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Jung, Nu Ri. "A Study on the Violability of Chapter Two of the KORUS FTA by Legislative Bills on Vehicle Taxation: Focusing on the Interpretation of Engine Displacement." Korea International Law Review 63 (October 31, 2022): 141–70. http://dx.doi.org/10.25197/kilr.2022.63.141.
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The Free Trade Agreement between the Republic of Korea and the United States of America (hereinafter “KORUS FTA”) specifically addresses South Korea’s motor vehicle tax system, and includes provisions to amend the Annual Vehicle Tax, established under the Local Tax Act. Article 127 of the Local Tax Act was revised in December 2011, accordingly. In accordance with Article 127 of the Local Tax Act, vehicle tax on possession of vehicle for passenger vehicle (hereinafter “vehicle tax”) shall be taxed at vehicle engine displacement. However, due to the increasing supply of expensive high power vehicles with low engine displacement and electric vehicles in the market, along with technology advancements, currently the proportional relationship between engine displacement and vehicle price has been undermined, and thus the regressiveness of tax burden in vehicle tax has been intensified. Since the former 19th National Assembly, a total of five legislative bills on the amendment of Article 127 of the Local Tax Act have been proposed in order to change the base of vehicle tax from engine displacement to vehicle price.
The purpose of this paper is to study whether such proposed taxation measure would be inconsistent with Chapter Two of the KORUS FTA - particularly Articles 2.12 and 2.2 of the Agreement. The paper first introduces South Korea’s current vehicle taxation and those five legislative bills. Then the paper examines major legislative issues of the proposed taxation measure, focusing on the interpretation of provisions about engine displacement under the KORUS FTA. The paper approaches the issues from an objective but somewhat defensive perspective, so as to further preserve tax sovereignty of South Korea. More specifically, this paper seeks to develop legal arguments that can increase the consistency of the proposed taxation measure with paragraphs (1) and (3) in Article 2.12 of the KORUS FTA, by invoking principle of in dubio mitius and principle of evolutive treaty interpretation, when construing the provisions.
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Fuentes, Alejandro, and Marina Vannelli. "Expanding the Protection of Children’s Rights towards a Dignified Life: The Emerging Jurisprudential Developments in the Americas." Laws 10, no. 4 (November 9, 2021): 84. http://dx.doi.org/10.3390/laws10040084.
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The Inter-American Court of Human Rights (IACrtHR) has developed in recent years an innovative jurisprudence that has integrated the entity and extension of States’ obligations regarding children’s rights—as established in Article 19 ACHR—through the evolutive, dynamic, and effective interpretation of the American Convention on Human Rights (ACHR). In fact, by acknowledging the existence of an international corpus juris for the protection of children’s rights, the Court has examined this provision in the light of instruments enshrined within the corpus juris, such as the UN Convention on the Rights of the Child. This process of normative integration was not only limited to the application of international instruments adopted outside of the Inter-American system, but also includes internal references to interconnected rights recognised within the American Convention. Consequently, by analysing the scope of Article 19 ACHR in the light of Article 4 ACHR (right to life) and the corpus juris for the protection of children, the Inter-American Court has further expanded the protection of children’s rights towards the protection of the right to a dignified life. While focusing on the landmark jurisprudence developed by IACrtHR, this paper seeks to unveil the hermeneutical paths undertaken by the regional tribunal in connection with the systemic integration of Article 19 ACHR. In particular, it focuses on the emerging jurisprudential development of positive obligations upon States Members regarding the effective protection of children’s right to a dignified existence.
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Letestu, Remi, Magali Le Garff-Tavernier, Dominique Vaur, Michel Ticchioni, Fanny Baran-Marszak, Frederic Davi, Veronique Salaun, et al. "Analysis of B-CLL with Discordant ZAP-70 Expression and IgVH Mutational Status." Blood 106, no. 11 (November 16, 2005): 1194. http://dx.doi.org/10.1182/blood.v106.11.1194.1194.
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Abstract The clinical course of CLL is heterogeneous and presence or absence of IgVH somatic mutations has been correlated with stable and evolutive disease respectively. ZAP-70 protein expression was shown to be associated with unmutated IgVH genes in CLL and was proposed as a surrogate for mutational status. Recent studies of large number of cases have shown various percentage of discrepancy with respect to ZAP-70 expression and IgVH mutational status. As aggressive disease is not always associated with unmutated IgVH genes we aimed at better characterize the ZAP-70 discordant cases by determining the other prognostic factors such as cytogenetics, expression of CD38 and proliferation markers (thymidine kinase and sCD23). We investigated 292 patients with previously untreated B-CLL. Although several antiZAP-70 antibodies adapted to flow cytometry (FCM) are commercially available, staining procedure and interpretation of the results still remain controversial. Therefore, ZAP-70 expression was determined in the four participating centers by the same FCM method using the 2F3.2 mAb with indirect staining, and expression of the results was standardized. Moreover, ZAP-70 expression was investigated by RQ-PCR in 62 cases and by Western blot in 61 further cases on isolated B cells. The results obtained with these techniques were correlated with FCM data. ZAP-70 was found expressed in 141 cases, among which 38 cases (27%) exhibited ≥2% somatic mutations. Conversely, among the 151 ZAP-70 negative cases, only 6 cases (4%) were found unmutated (≥ 98% VH homology). We focused on the characteristics of the mutated ZAP-70 positive cases. Only 26/38 were in stage A at diagnosis. Incidence of CD38 expression >10% B cells was low (7/28 cases). Analysis of VH sequences pointed to the frequency of VH3-21 usage in 8/38 cases (21%) as compared to an expected 3% frequency in the French population. FISH analysis identified one case with del11q22.3, one case with del17p and two cases with trisomy 12. Del13q14 was present in half of cases. Proliferation markers were significantly higher in these cases than in ZAP-70 negative mutated cases, even among stage A patients. Follow-up of these patients is still too short for significant event free survival as compared with other groups of patients but the number of evolutive Binet stage A patients and advanced B and C stages was already higher than among the ZAP negative mutated cases. In conclusion, in our hands, ZAP-70 was almost always expressed in unmutated cases (103/109). Among mutated cases, ZAP-70 expression was present in 38/183 cases (21%), and brought prognostic information, independently of CD38 or chromosomal alterations. The correlation between ZAP-70 and proliferation markers suggests that ZAP-70 expression may result in a survival advantage of the malignant cells independently of the mutational status.
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Kovler, Anatoly, and Evgeniy Fokin. "The Venice Commission and the European Court of Human Rights: common grounds." Meždunarodnoe pravosudie 11, no. 2 (2021): 72–92. http://dx.doi.org/10.21128/2226-2059-2021-2-72-92.
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Interaction of international justice bodies with expert organizations has not been the subject of an analysis performed by legal scholars. Meanwhile, cooperation between the European Commission for Democracy through Law (better known as Venice Commission) and the European Court of Human Rights makes it possible to establish many touch points in their activities. Despite the obvious differences in their status and subject competences both bodies are distinguished by the similarity of methodological approaches as evolutive interpretation of law, doctrine of margin of appreciation, conceptual framework. In the last decade the convergence of legal positions of the European Venice Commission and the European Court has noticeably increased. This is particularly evident in the reports of the Venice Commission and the European Court Grand Chamber’s judgments. The Commission’s 2020 report on individual access to constitutional justice, presented by a former judge of the European Court of Justice and now a member of the Venice Commission, Angelika Nussberger, is an illustrative example of this convergence of the positions of both institutions on the highly sensitive area of public relations. The practice of providing amicus curiae expert opinions by the Commission at the request of the European Court has also become more widespread. Dozens of judgments of the ECHR of the last decade contain lengthy references to the legal positions of the Commission. The article analyzes some of them. The authors conclude that this methodology strengthens the credibility of the reasoning for the Commission’s Opinions and the Court’s judgments. In the judgments of the European Court in cases concerning Russia there are also some references to the legal positions of the Venice Commission. This applies primarily to decisions on the implementation of civil and political rights of citizens. The article also analyses some of the acts of the Commission and the Court that have similar subjects of consideration. The authors conclude that the interaction of the Venice Commission and the European Court provides a unique example of the synergy of judicial interpretation of law and the opinions of the expert community. First of all, these are the issues of the functioning of the justice systems, the participation of citizens in political life, the electoral system, and freedom of speech. Ultimately, both institutions are involved in the realization of the quasi-utopia of creating a common European legal space.
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Macrae, Euan J., Clare E. Bond, Zoe K. Shipton, and Rebecca J. Lunn. "Increasing the quality of seismic interpretation." Interpretation 4, no. 3 (August 1, 2016): T395—T402. http://dx.doi.org/10.1190/int-2015-0218.1.
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Geologic models are based on the interpretation of spatially sparse and limited resolution data sets. Nonunique interpretations often exist, resulting in commercial, safety, and environmental risks. We surveyed 444 experienced geoscientists to assess the validity of their interpretations of a seismic section for which multiple concepts honor the data. The most statistically influential factor in improving interpretation was writing about geologic time. A randomized controlled trial identified for the first time a significant causal link between being explicitly requested to describe the temporal geologic evolution of an interpretation and increased interpretation quality. These results have important implications for interpreting geologic data and communicating uncertainty in models.
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BROWN, David O. "THERE IS NOTHING BUT BLIND, PITILESS INDIFFERENCE IN THE UNIVERSE:’ EVOLUTION AND DIVINE PURPOSE." International Journal of Theology, Philosophy and Science 6, no. 10 (May 23, 2022): 15–37. http://dx.doi.org/10.26520/ijtps.2022.6.10.15-37.
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Questions of theological interpretations of evolution seem to fall into two categories: those who see evolution as a part of God’s purposes and those who see evolution as counter to God’s purposes for creation. Invariably, these interpretations of evolution emphasise one or more commonly held aspects of evolution: either evolution is genuinely creative - so part of God’s purposes - or suffering and death are inherent parts of evolution (natural selection) - so counter to God’s purposes. However, drawing on Thomas Aquinas, this paper will argue that a third theological interpretation of evolution is possible in which God is neutral towards evolution, that is, it is neither creative and nor does it inherently contain suffering and death. This will lead to the suggestion that theology is at least reconcilable with evolutionary positions that emphasise its ‘purposelessness,’ if not that theology is more favourable to those positions.
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Serio, Mario. "L'interpretazione del trust e l'obbligo di interpretazione conforme («<i>Reading down</i>»)." Trusts, no. 4 (August 4, 2022): 599–626. http://dx.doi.org/10.35948/1590-5586/2022.133.
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Tesi Il lavoro si muove nel perimetro di una recente sentenza della Chancery Division della High Court inglese nel caso Goodrich v AB, relativo all'interpretazione di una pluralità di disposizioni di un trust di dubbia interpretazione quanto alla identificazione dei beneficiari, affrontando i problemi connessi. Essi sono di duplice natura. In primo luogo, si tratta di stabilire se le ordinarie regole ermeneutiche vigenti nel common law inglese per altre categorie di atti giuridici, sia tra vivi sia a causa di morte, possano applicarsi anche ai trust. Alla motivata risposta positiva, tratta da una costante linea giurisprudenziale, consegue l’ulteriore effetto che assegna all’interprete del trust il compito di accertare la portata oggettiva dell’atto di disposizione, senza indulgere verso la prevalenza di criteri puramente soggettivi. Il secondo ordine di problemi cui il lavoro ha inteso dar risposta riguarda la possibilità di adeguare una serie di nozioni e categorie proprie del diritto di famiglia e delle relazioni da esso nascenti alla stregua di disposizioni legislative sopravvenute che hanno esteso la platea dei possibili beneficiari di un trust. E ciò in virtù di un’interpretazione compatibile con i principii della Convenzione per la salvaguardia dei diritti umani del 1950 trasposta nello Human Rights Act del 1998. Ed infine, viene esaminato il profilo degli obblighi informativi gravanti sul trustee in merito alle proprie scelte, concludendosi nel senso che a decisioni contrarie alla logica o puramente arbitrarie possa sopperire l’intervento sostitutivo o integrativo dell’autorità giudiziaria. La conclusione è nel senso che dell’apertura verso la sponda eurounitaria del diritto inglese ha tratto giovamento, in termini di rinnovamento delle tradizionali categorie di beneficiari e dei metodi ermeneutici per identificarli, anche il law of trust. The author’s view The recent decision in Goodrich v AB highlights a number of problems which this essay centres upon in an effort to outline a more modern and CEDU oriented version of the law of trust. In particular, the focus will be on the applicable criteria in this branch of the law to the interpretation of settlements aimed at conferring benefits on one or more persons, to be identified through a correct analysis of their objective, legal status in relation to the settlor's intention. It will also be devoted to the determination of whether or not duties of disclosure of relevant documents relating to his/her activity may be said to be incumbent, and in the event to what extent, on the trustee. All these issues have been accurately and extensively taken into account in its decision by the Chancery Division of the High Court and have been given a satisfactory answer. In particular, the interpretative methods to be applied to trust cannot but be the same as in contracts and wills according to the Supreme Court precedents. As to the definition of the beneficiaries of the trust in question, the Court has shown to adhere to an evolutive interpretation derived from the direct application in the domestic law, via the Human Rights Act 1998, of the provisions of the European Convention on Human Rights 1950, with the ultimate result of the broadening of the categories of those who can benefit from the trust, such as civil partners and married couples of the same sex. Finally, a clear tendency to stress the very existence of a duty to frankly and openly disclose relevant information on the part of the trustee is emphasized with an eye to the protection of beneficiaries. The non-performance of such a duty may give rise to a judicial intervention in the light of the Public Trust v Cooper decision.
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Cunningham, Jennifer E., Nestor Cardozo, Chris Townsend, and Richard H. T. Callow. "The impact of seismic interpretation methods on the analysis of faults: a case study from the Snøhvit field, Barents Sea." Solid Earth 12, no. 3 (March 30, 2021): 741–64. http://dx.doi.org/10.5194/se-12-741-2021.
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Abstract. Five seismic interpretation experiments were conducted on an area of interest containing a fault relay in the Snøhvit field, Barents Sea, Norway, to understand how the interpretation method impacts the analysis of fault and horizon morphologies, fault lengths, and throw. The resulting horizon and fault interpretations from the least and most successful interpretation methods were further analysed to understand their impact on geological modelling and hydrocarbon volume calculation. Generally, the least dense manual interpretation method of horizons (32 inlines and 32 crosslines; 32 ILs × 32 XLs, 400 m) and faults (32 ILs, 400 m) resulted in inaccurate fault and horizon interpretations and underdeveloped relay morphologies and throw, which are inadequate for any detailed geological analysis. The densest fault interpretations (4 ILs, 50 m) and 3D auto-tracked horizons (all ILs and XLs spaced 12.5 m) provided the most detailed interpretations, most developed relay and fault morphologies, and geologically realistic throw distributions. Sparse interpretation grids generate significant issues in the model itself, which make it geologically inaccurate and lead to misunderstanding of the structural evolution of the relay. Despite significant differences between the two models, the calculated in-place petroleum reserves are broadly similar in the least and most dense experiments. However, when considered at field scale, the differences in volumes that are generated by the contrasting interpretation methodologies clearly demonstrate the importance of applying accurate interpretation strategies.
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van Caenegem, R. C. "Constitutional History: Chance or Grand Design?" European Constitutional Law Review 5, no. 3 (October 2009): 447–63. http://dx.doi.org/10.1017/s1574019609004477.
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Two interpretations of constitutional history: product of chance or of design – Written v. unwritten constitutions – Political and historical backdrop of constitutional development – Evolution of interpretation of specific constitutional texts – Chances of a global constitution
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Seidenberg, David Mevorach. "History and Evolution of Tikkun Olam, According to the Textual Sources." Journal of Jewish Ethics 7, no. 1-2 (December 1, 2021): 129–63. http://dx.doi.org/10.5325/jjewiethi.7.1-2.0129.
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ABSTRACT This compendium of texts traces the development of several different interpretations of tikkun olam through Jewish intellectual history. These texts demonstrate conclusively that the roots of the social justice interpretation of tikkun olam are older than those of the Kabbalistic interpretation, going back to the tenth century expression of religious humanism. They also reveal a firm foundation for an ecological interpretation of tikkun olam as far back as early midrash. Furthermore, liberal Judaism's understanding of tikkun olam is shown to be sourced in Eastern European religious humanism going back to the seventeenth century, and transmitted in large part via Zionist thought in the nineteenth and early twentieth centuries.
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Parada, André Luis Nascimento. "Análise crítica das decisões do Tribunal de Contas da União acerca da utilização da arbitragem em contratos administrativos. Evolução interpretativa." Revista de Direito Administrativo 273 (September 17, 2016): 165. http://dx.doi.org/10.12660/rda.v273.2016.66660.
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<p>Este trabalho tem o objetivo de identificar e analisar criticamente as premissas utilizadas nos julgados do Tribunal de Contas da União e sua evolução interpretativa, para afastar a solução de conflitos por arbitragem em contratos administrativos. Para tanto, após breve explicação sobre algumas particularidades acerca dos processos que tramitam na Corte de Contas, foram selecionados os julgados mais significativos sobre arbitragem para aferir quais são as premissas ou os critérios interpretativos normalmente suscitados pelo Tribunal para inibir a arbitragem nos contratos firmados pela administração pública. Por fim, examina-se se houve evolução desde a interpretação inicial, firmada em julgado de 1993, até o momento.</p><p> </p><p>This work aims to identify and analyze critically the premises used by the Public Finance Court and its interpretative evolution, to repel the arbitration in administrative contracts. To do so, after a brief explanation about some particularity of the process on the Public Finance Court, the judged will be selected with more meaning about arbitrage to measure which are the premises or interpretative criteria normally raised by the Public Finance Court to inhibit the arbitration in the contracts signed by the public administration. Finally, it examines if there was evolution since the initial interpretation, signed a final of 1993, so far.</p>
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Gillespie, Alexander. "The Southern Ocean Sanctuary and the Evolution of International Environmental Law." International Journal of Marine and Coastal Law 15, no. 3 (2000): 293–316. http://dx.doi.org/10.1163/157180800x00136.
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AbstractThe legality of the Southern Ocean Sanctuary has been a matter of debate. This paper seeks to explain the Sanctuary as being both legal and illustrative of the development of international environmental law within a new, evolutionary framework. A teleological approach to statutory interpretation could construe the Convention in ways that are supportive of the non-lethal utilisation of cetaceans. Such an interpretation may be supported under the Vienna Convention, whereby if examples of previous practice demonstrating different interpretations of the language in question can be shown, then this practice is evidence that a different interpretation of the convention in question is legitimate. This has been the case with the International Whaling Commission. The paper concludes that the Southern Ocean Sanctuary may be regarded as being both a legal and authoritative example of the way in which the majority of the international community has viewed one area of global environmental concern.
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Hu, Wan-Lin. "How do differences in interpreting seismic images affect estimates of geological slip rates?" Solid Earth 13, no. 8 (August 12, 2022): 1281–90. http://dx.doi.org/10.5194/se-13-1281-2022.
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Abstract. Uncertainties of geological structural geometry constructed based on seismic reflections can stem from data acquisition, processing, analysis, or interpretation. Uncertainties arising from structural interpretations and subsequent estimates of geological slip have been particularly less quantified and discussed. To illustrate the implications of interpretation uncertainties for seismic potential and structural evolution, I use an example of a shear fault-bend fold in the central Himalaya. I apply a simple solution from the kinematic model of shear fault-bend folding to resolve the geological input slip of given structure and then compare the result with a previous study to show how differences in structural interpretations could impact dependent conclusions. The findings show that only a little variance in interpretations owing to subjectivity or an unclear seismic image could yield geological slip rates differing by up to ∼ 10 mm yr−1, resulting in significantly different scenarios of seismic potential. To reduce unavoidable subjectivity, this study also suggests that the epistemic uncertainty in raw data should be included in interpretations and conclusions.
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Liszewski, Grzegorz. "Evolution of the Rules Pertaining to the Issuing of ‘Official’ Interpretations of Tax Laws in Poland." Studies in Logic, Grammar and Rhetoric 33, no. 1 (August 1, 2013): 51–61. http://dx.doi.org/10.2478/slgr-2013-0013.
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Abstract Interpretations of the tax law (currently referred to as general and individual interpretations), issued by tax authorities, are a fairly new institution in Poland. They were introduced into the legal system by the Tax Ordinance Act of 29 October 1997. From that time these regulations were deeply changed three times. Now it seems that Polish legislator has finally succeeded in elaborating an appropriate model for binding interpretation of tax law that protects the interests of taxpayers. However, discussed regulations seem to need some other amendments. The objective of this article is to present the evolution of the provisions pertaining to the issuing of the so-called official interpretations of tax law and to point at certain shortcomings of the present regulations.
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Zaki, Anis Salem. "The Emergence and Evolution of Palestinian Nationalism." International Journal of Social Science Research and Review 3, no. 2 (July 17, 2020): 22–29. http://dx.doi.org/10.47814/ijssrr.v3i2.36.
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The study analyses \on the questions of the interrelation between religion and nationality relate to the interpretations of justice vis-a-vis the Palestinian predicament. The paper studies the 'visions of peace' and the 'visions of citizenship' articulated by groups as diverse as Peace for Human Rights. By drawing on recent scholarship which attempted to link 'peace' and 'justice' in a meaningful way, this work devises a set of dynamic criteria with which to evaluate each peace platform and its respective interpretation of justice. Challenging the modernist-secularist inclination to interpret 'nationalism' as a 'religion surrogate' or a structural analogue of religion, the underpinning theoretical point is that religion and nationalism are intricately related and thus cannot be viewed as dichotomous or antithetical. Hence, religious sources, vocabularies, institutions and leadership may function centrally in devising interpretations of culturally embedded secularity in zones of ethnonational contestations -a process which is referred to in this dissertation as the hermeneutics of citizenship. As a conclusion, a separate Palestinian nationalism took place chiefly to cater to the Zionism issue.
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Gal'perin, Mikhail. "Politicising law or legalising politics? Justiciability and the “political question” on the examples from international justice." Meždunarodnoe pravosudie 10, no. 4 (2020): 45–58. http://dx.doi.org/10.21128/2226-2059-2020-4-45-58.
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Author is pointing out the problem of interaction between the political nature of the dispute concerned and the competence of international tribunals. To assess such legal interaction the “justiciability” concept is used. This concept, well known from the US and the UK jurisprudence, allow national courts, for the purpose of stable state administration, to exercise “prudency” in invalidating executive acts, guarantee the operation of the principle of separation of powers, preserve the legitimacy of an unelected judicial branch allowing it, at the same time, to participate in a dialogue with the other branches and the public. Despite the fact that the concept initially appeared in the national law, it became equally important for the international dispute resolution system. Using some remarkable recent cases from the supreme national and international tribunals’ practice author concludes that international tribunals are increasingly expanding their own competence to cover issues traditionally reserved for national authorities and/or lying exclusively in the diplomatic realm. The “evolutive” interpretation of provisions of international law adapted by some international tribunals (and other international organs) contradicts their literal meaning as originally intended by the states, is becoming a persistent trend. This entails a natural reaction of national legal systems represented by higher courts: on the one hand, they avoid direct confrontation through maintaining the classical paradigm of respect to international law, and, on the other hand, draw “border lines” designed to limit the jurisdiction of international courts and arbitration tribunals. The politicization of international arbitration is a question that should not be embarrassingly swept under the carpet or considered marginal. Otherwise, there is a risk that it would destroy the international dispute resolution system and, as a consequence, undermine the mechanisms of international law. At the same time, no peaceful resolution of the conflict of jurisdictions is possible without understanding the problem in the legal plane, without joint determination of which cases are justiciable in the international process, and which questions should be considered “political”. Author made the attempt to give a legal definition of the “political question” in the international procedure and formulate legal tests which could help international judges and arbitrators to define, whether they are ready to and whether they should consider the particular case, related to the “political question”, on the merits (and not to recognise it inadmissible on procedural grounds).
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Putra, Aldo Febriansyah. "Ombilin Basin as Inverted Oblique Rift in Barisan Mountains, Sumatra: Considerations on Subsidence Mechanisms and Fault Development." Indonesian Association of Geologists Journal 1, no. 2 (August 31, 2021): 89–102. http://dx.doi.org/10.51835/iagij.2021.1.2.32.
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Ombilin Basin is a NW-SE inverted oblique rift which is currently being part of Barisan Mountains in western Central Sumatra. Regarding its current position, Ombilin Basin can be one of the windows to see the evolution of Barisan Mountains since Paleogene. Two schools of thought, namely rift basin and pull-apart basin, have been established to explain the evolution of Ombilin Basin. This paper aims to present another perspective on the evolution of Ombilin Basin based on subsidence mechanisms and fault development. This study integrated remote sensing and subsurface interpretations. Remote sensing interpretation took the role to delineate surface fault lineaments using digital elevation model, while subsurface interpretation dealt with log and seismic interpretations, subsidence analysis, and palinspatic reconstruction. Fault lineaments derived both from remote sensing and seismic interpretations were combined to construct structural framework of the basin. Subsidence analysis generated geohistory and backstripped tectonic subsidence charts. Palinspatic reconstruction illustrated structural configurations through time. This study figured out that Ombilin Basin went through fault-controlled subsidence in Middle Eocene – Late Oligocene and thermal subsidence in Early Miocene – Late Pliocene. Each subsidence mechanism was terminated by an uplift. Subsidence mechanisms in Ombilin Basin represented the criteria of rift basin in terms of amount and rate of tectonic subsidence, duration of subsidence, and contribution of thermal subsidence. On the other hand, fault development captures extensional and strike-slip components during rifting and development of flower structures during inversion of the basin. Oblique rifting operates when dominant extensional component works together with strike-slip component. Therefore, subsidence mechanisms and fault development are in agreement to regard Ombilin Basin as inverted oblique rift.
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Bergström, J., W. W. Naumann, J. Viehweg, and M. Martí-Mus. "Conodonts, Calcichordates and the Origin of Vertebrates." Fossil Record 1, no. 1 (January 1, 1998): 81–91. http://dx.doi.org/10.5194/fr-1-81-1998.
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Interpretation of early deuterostome evolution and relationships has been hampered by the lack of soft-part preservation in most groups. In addition, a recently revealed upside-down life orientation of vertebrates (the only real notoneuralians) compared to other bilateral animals has been misinterpreted as evidence for a unique body design in all deuterostomes, misleading any search for relatives. Regarding echinoderms, the variety of body plans is confusing. The interpretation of some fossils with echinoderm-type calcite skeletons as “calcichordate” ancestors of chordates, however, involves a hypothetical reconstruction of an unusual body plan and a long series of hypothetical transitions. The number of necessary steps is much lower if cephalochordates (amphioxus or lancelet) are derived directly from hemichordate enteropneusts. “Sensation interpretations” of fossils (Yunnanozoon, Cathaymyrus) from Burgess Shale type deposits have added further confusion. Soft-part preservation of conodont animals, with V-shaped myomeres and a notochord, shows that they were segmented chordates, while probable eyes and teeth suggest that they were already on the vertebrate side. <br><br> Die Interpretation früher Deuterostomia hinsichtlich ihrer Evolution und verwandtschaftlichen Beziehungen ist in den meisten Gruppen durch den Mangel an Weichkörpererhaltung sehr erschwert. Die kürzlich entdeckte Tatsache, daß Vertebraten, d. h. die einzigen echten Notoneuralia, im Gegensatz zu anderen bilateral symmetrischen Organismen eine mit ihrer ursprünglichen Oberseite nach unten gerichtete Lebensstellung einnehmen, hat zu der irrtümlichen Ansicht geführt, daß alle Deuostomia über einen im Tierreich einzigartigen Bauplan verfügen. Diese Interpretation brachte naturgemäß jede Suche nach Verwandtschaftsverhältnissen auf Abwege. <br><br> Hinsichtlich der Echinodermata ist die bauplanmäßige Variation in der Tat verwirrend. Die Interpretation einiger Fossilien mit Echinodermen-ähnlichen Kalzitskeletten als “calcichordate” Vorfahren der Chordata setzt jedoch die hypothetische Rekonstruktion eines ungewöhnlichen Bauplans sowie eine lange Serie hypothetischer Übergänge voraus. Die Anzahl der notwendigen Schritte ist sehr viel geringer. wenn Cephalochordaten (Amphioxus oder das Lanzettfischchen) von hemichordaten Enteropneusta abgeleitet werden. Zusätzliche Verwirrung hat es durch sensationelle Interpretationen von Fossilien, Wie Yunnanozoon und Cathaymyrus aus Burgess-Schiefer-artigen Ablagerungen gegeben. Weichkörpererhaltung von Conodontentieren, die V-förmige Myomere sowie einen Notochord besitzen, zeigen, daß es sich um segmentierte Chordata handelte, während sie die Präsenz möglicher Augenstrukturen und Zähne bereits auf die Seite der Vertebraten stellt. <br><br> doi:<a href="http://dx.doi.org/10.1002/mmng.19980010106" target="_blank">10.1002/mmng.19980010106</a>
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Pak, G. Sujin. "Contributions of Commentaries on the Minor Prophets to the Formation of Distinctive Lutheran and Reformed Confessional Identities." Church History and Religious Culture 92, no. 2-3 (2012): 237–60. http://dx.doi.org/10.1163/18712428-09220003.
Full textAbstract:
The essay explores the question of the evidence of distinct Lutheran and Reformed confessional practices of exegesis particularly concerning interpretations of Old Testament prophecy. It begins by outlining differences in Martin Luther and John Calvin’s practices of christological exegesis and vision of sacred history in their interpretations of the Minor Prophets. Next, it traces the evolution of these differences in a set of figures from the next generation of Lutheran and Reformed exegetes in order to discern whether consistent patterns emerge to indicate ways in which biblical interpretation shaped confessional identity. Through a survey of commentaries on the Minor Prophets by a set of next generation Lutherans (Philip Melanchthon, Aegidius Hunnius, Lucas Osiander, and Nicolas Selnecker) and next generation Reformed (David Pareus, Lambert Daneau, Johannes Drusius, and Johannes Piscator) the author provides a picture of how biblical interpretation did indeed play a significant role in the formation and expression of confessional identity in the late sixteenth and early seventeenth centuries.
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Faye, Jan. "Darwinism in disguise? A comparison between Bohr's view on quantum mechanics and QBism." Philosophical Transactions of the Royal Society A: Mathematical, Physical and Engineering Sciences 374, no. 2068 (May 28, 2016): 20150236. http://dx.doi.org/10.1098/rsta.2015.0236.
Full textAbstract:
The Copenhagen interpretation is first and foremost associated with Niels Bohr's philosophy of quantum mechanics. In this paper, I attempt to lay out what I see as Bohr's pragmatic approach to science in general and to quantum physics in particular. A part of this approach is his claim that the classical concepts are indispensable for our understanding of all physical phenomena, and it seems as if the claim is grounded in his reflection upon how the evolution of language is adapted to experience. Another, recent interpretation, QBism, has also found support in Darwin's theory. It may therefore not be surprising that sometimes QBism is said to be of the same breed as the Copenhagen interpretation. By comparing the two interpretations, I conclude, nevertheless, that there are important differences.