Academic literature on the topic 'Independence Principle'
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Journal articles on the topic "Independence Principle"
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DANYLCHENKO, Vita. "Basic elements of the principle of advocacy independence." Economics. Finances. Law, no. 4/2 (April 29, 2021): 24–27. http://dx.doi.org/10.37634/efp.2021.4(2).5.
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The paper considers the principle of independence in the activities of the bar as one of the fundamental organizational principles. Advocacy that is not given an adequate level of independence cannot live up to reasonable expectations of their performance. The relevance of the topic is that, only through the approval and proper observance of this principle, it is possible for the bar to properly exercise its powers. Particular attention is paid to the main elements of the principle of independence as meaningful components that allow a comprehensive study and determine the essence of this principle. The purpose of the work is to single out and fill in the content of individual components of the principle of independence. The principle of independence of the bar has been widely enshrined in national and international regulations. But, this necessity is due to the fact that the legislation interprets the principle of independence quite sharply and its components are considered only in the context of other provisions. In results, we propose to identify such basic elements as 1) independence from public authorities, local governments and the judiciary; 2) from their own interests; 3) availability of procedural guarantees; 4) the existence of legal secrecy; 5) independence from the client; 6) independence from business partners; 7) guarantees of lawyer's security and prosecution of persons violating the lawyer's independence; 8) functioning of bar self-government bodies. Proper adherence to the principle of independence of the bar is possible only under the condition of simultaneous regulation and proper functioning of all these components. This principle is decisive due to the public non-governmental nature of the Bar and its independence as a voluntary professional non-governmental association.
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Hamad, Ahmed M. A., Haslinda Binti Mohd Anuar, and Rohizan Binti Halim. "The Judiciary in Islamic Law, Palestinian Legislation, and Guarantees of Its Independence." Samarah: Jurnal Hukum Keluarga dan Hukum Islam 5, no. 1 (June 30, 2021): 1. http://dx.doi.org/10.22373/sjhk.v5i1.8927.
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The contemplating the constitutional and legal system of democratic countries, they unite on the principle of the independence of the judiciary until it became a constitutional principle related to the protection of human rights, which is a natural effect of the existence of a judiciary that stands on an equal footing with the legislative and executive authorities. The principle of the independence of the judiciary is considered the first principle of the general principles governing the work of the judiciary. The independence of the judiciary leads to its immunity by preventing the executive authority from intruding and interfering in its affairs and its work. The importance of this study is that it will clarify the extent to which the principle of the independence of the judiciary is applied in Islamic law compared to Palestinian legislation and the guarantees of this principle. To achieve the objective of this paper, legal socio-legal research was adopted using the qualitative approach to analyse relevant Islamic law and Palestinian legislative texts. The study concluded that the administration and structure of the judiciary in Islamic law differs from Palestinian legislation in terms of the extent of application of the principle of the independence of the judiciary.
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Volovyk, S. V. "Principles of IP-Court Activity in Ukraine." Bulletin of Kharkiv National University of Internal Affairs 89, no. 2 (June 26, 2020): 116–23. http://dx.doi.org/10.32631/v.2020.2.11.
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The principles of IP-court activity in Ukraine have been studied. It has been emphasized that the urgent issues currently are to review the existing approaches to reforming the judicial system of Ukraine, based on the gained experience of establishing specialized courts, defining principles as guidelines for the functioning of IP-court in Ukraine as the Higher Specialized Judicial System of Ukraine.
The concept of “principles” and their classification have been defined. The author has noted the importance of international principles of court activity in Ukraine. The regulatory base of courts activity has been characterized, where the principles of functioning of courts and judges in Ukraine have been defined. The author has singled out such an international legal document as the Basic Principles of Judicial Agencies’ Independence, which enshrines the following principles of IP-court activity in Ukraine: the principle of judicial agencies’ independence; the principle of freedom of speech and associations; the principle of qualification, selection and training; the principle of professional secrecy and immunity.
The category of “principles of IP-court activity in Ukraine” has been offered to understand as a set of guiding (fundamental) ideas, grounds, principles of operation and functioning of IP-court in Ukraine that ensure the proper administration of justice, respect for rights and fundamental freedoms during the trial and ensuring the right to a fair trial.
The principles of the IP-court activity in Ukraine are as follows: 1) general and legal: the rule of law principle; the principle of observance of human rights and fundamental human and civil freedoms; the principle of legality; the principle of openness and transparency of court proceedings; the principle of political or other impartiality; the principle of reasonable terms; 2) special principles of IP-court activity in Ukraine: the principle of independence of judicial agencies; the principle of freedom of speech and associations; principle of qualification; the principle of professional secrecy.
It has been concluded that enshrining the principles of operation and functioning of the Supreme Court on Intellectual Property Issues in the Law of Ukraine “On the Supreme Court on Intellectual Property Issues” will increase the efficiency of the judicial system of Ukraine and significantly affect the authority and prestige of IP-court in Ukraine.
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O'Neill, John. "Need, Humiliation and Independence." Royal Institute of Philosophy Supplement 57 (September 2005): 73–97. http://dx.doi.org/10.1017/s1358246100009152.
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The needs principle—that certain goods should be distributedaccording to need—as been central to much socialist andegalitarian thought. It is the principle which Marx famously takesto be that which is to govern the distribution of goods in the higherphase of communism. The principle is one that Marx himself tookfrom the Blanquists. It had wider currency in the radical traditionsof the nineteenth century. In the twentieth century it remainedcentral to the mutualist form of socialism defended by Tawney andTitmuss. The principle underlay the development and justificationof the modern welfare state—thus the National Health Service isstill founded upon the idea that the distribution of medicalresources should be determined by medical need, not by ability topay. One source of the power of the needs principle lies in the factthat it appears to be both a principle of justice and a principle ofcommunity or social solidarity. As a principle of justice it is offeredas a corrective to the particular forms of unequal distributions ofgoods that can result from market transactions, and as a principle ofcommunity or social solidarity as a corrective to the possessiveindividualism taken to be the corollary of a market order.
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O’Neill, John. "Need, Humiliation and Independence." Royal Institute of Philosophy Supplement 57 (December 2005): 73–98. http://dx.doi.org/10.1017/s1358246105057048.
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The needs principle—that certain goods should be distributed according to need—has been central to much socialist and egalitarian thought. It is the principle which Marx famously takes to be that which is to govern the distribution of goods in the higher phase of communism. The principle is one that Marx himself took from the Blanquists. It had wider currency in the radical traditions of the nineteenth century. In the twentieth century it remained central to the mutualist form of socialism defended by Tawney and Titmuss. The principle underlay the development and justification of the modern welfare state—thus the National Health Service is still founded upon the idea that the distribution of medical resources should be determined by medical need, not by ability to pay. One source of the power of the needs principle lies in the fact that it appears to be both a principle of justice and a principle of community or social solidarity. As a principle of justice it is offered as a corrective to the particular forms of unequal distributions of goods that can result from market transactions, and as a principle of community or social solidarity as a corrective to the possessive individualism taken to be the corollary of a market order.
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Lamalewa, Funnisia, and Elisabeth Lia Riani Kore. "Pemberdayaan Masyarakat Melalui Ekonomi Usaha Kerajinan Tangan Penyulaman Noken." JURNAL ILMU EKONOMI & SOSIAL 11, no. 1 (June 24, 2020): 1–9. http://dx.doi.org/10.35724/jies.v11i1.2846.
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The development of creative economy and encouraging community empowerment are the triggers of research which are expected to be able to describe the empowerment of Noken extension craftsmen with a focus on four key principles of empowerment development. This qualitative descriptive study involved informants using snowball sampling techniques, the results showed that empowerment did not work as it should and was not carried out in accordance with these principles, the failure to achieve the principle of equality supported by the justification of backing each party could participate as giving help to receive. The special program is designed from the executor of empowerment, designed by the community is still limited to mobilization so that it does not have the principle of participation. The principle of independence does not work because it is surrounded by a pattern of aid that does not support the form of independence and it is also realized that independence is only formed as a whole which begins with awareness, suspended with assistance, deferred with the assistance of craftsmen and deferred with craftsmen so that it can be done by delivering the economy. The implementation of this independence is not immediately approved for the release of assistance or in other words, the principle of sustainability is not implemented.
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Byrd, Michael, and Karel Lambert. "Meinong and the Principle of Independence." Philosophical Review 94, no. 3 (July 1985): 423. http://dx.doi.org/10.2307/2185015.
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Jacquette, Dale. "Meinong and the Principle of Independence." International Studies in Philosophy 20, no. 1 (1988): 92–93. http://dx.doi.org/10.5840/intstudphil198820133.
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Geyh, Charles Gardner. "Judicial Independence as an Organizing Principle." Annual Review of Law and Social Science 10, no. 1 (November 3, 2014): 185–200. http://dx.doi.org/10.1146/annurev-lawsocsci-110413-030849.
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Cato, Susumu. "Weak independence and the Pareto principle." Social Choice and Welfare 47, no. 2 (May 3, 2016): 295–314. http://dx.doi.org/10.1007/s00355-016-0960-5.
Full textDissertations / Theses on the topic "Independence Principle"
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Alavi, Hamed. "Exceptions to the principle of independence in documentary letters of credits." Doctoral thesis, Universitat Autònoma de Barcelona, 2018. http://hdl.handle.net/10803/643306.
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El comercio internacional ha sido siempre un ámbito conflictivo. Cualquier persona puede aproximarse a él desde una perspectiva determinada. Sin embargo, es innegable que condiciona la vida diaria de todos nosotros. De ahí que se utilicen todo tipo de recursos humanos para desarrollarlo a nivel mundial. La cuestión normativa ha sido uno de los temas más debatidos en el comercio internacional, entre otros muchos, existiendo muchas discusiones entre prácticos del derecho, empresarios, gobiernos así como académicos. Las raíces del conflicto pueden encontrarse en la existencia de sistemas jurídicos diferentes, normativas, terminología, costumbres, tecnología y métodos de pago diferentes, en ausencia de una autoridad mundial. No obstante, mientras tratamos los aspectos regulatorios del comercio internacional, no debemos olvidar el lado oscuro de los negocios, en el que los infractores dolosamente usan las tecnologías más avanzadas para defraudar a otros en el curso de transacciones globales.
El crédito documentario es uno de los métodos de pago más populares en las operaciones transfronterizas. La clave de su éxito es que reduce el riesgo de los exportadores al reemplazar los compromisos financieros con una garantía de pago de un banco. Enmarcado en un proceso complejo, el banco se obliga a honrar la presentación, por parte del vendedor, de documentos que reúnen los requisitos del crédito en nombre del comprador solvente, quien compensará al banco en base al contrato. A través de la aplicación de los dos principios de autonomía y cumplimiento estricto, el crédito documentario mitiga el riesgo comercial existente entre un comprador y un vendedor que están en Estados diferentes y carecen de información sobre la capacidad financiera de su contraparte. En virtud del principio de autonomía, el crédito es separado del contrato de venta subyacente y el banco pagará al beneficiario que presente los documentos requeridos, incluso en caso de disputa sobre la relación subyacente. De este modo, el vendedor tendrá la seguridad del pago antes de que las mercancías se transporten y su interés estará a salvo. Por otra parte, en base al principio de cumplimiento estricto, el beneficiario se verá compensado sólo cuando presente el conjunto de documentos requeridos y cualquier error respecto de los mismos podrá comportar la negativa al pago por parte del banco. La revisión de la historia de los pagos en función de operaciones de crédito documentario en el tráfico internacional evidencia que el hecho de que los bancos sólo presten atención a los documentos y hagan caso omiso de cualquier posible disputa relativa al contrato subyacente puede incrementar el riesgo de una presentación fraudulenta por parte del beneficiario. En muchos países, el incremento en el número de casos de fraude comportó la introducción y adaptación de la excepción de fraude respecto del principio absoluto de autonomía en los créditos documentarios. Al mismo tiempo, conviene no olvidar que los Usos y Prácticas Uniformes relativos a los créditos documentarios, en tanto que conjunto de reglas más aceptadas a nivel mundial, remite totalmente el tema del fraude y del comportamiento fraudulento del beneficiario a los Derechos nacionales. Esto crea otro problema que es relevante para el estándar de prueba y los remedios bajo los diferentes sistemas legales y el conflicto de leyes.
La presente tesis doctoral intenta ofrecer una respuesta al problema de la excepción de fraude al principio de independencia en los créditos documentarios conforme al Derecho inglés. Las razones para elegir este sistema jurídico son su popularidad como norma aplicable en muchos ámbitos del comercio internacional así como su naturaleza de Derecho común en ausencia de una norma que rija la regla del fraude en el crédito documentario. Interesa añadir que el Derecho inglés tiene una aproximación casuística a los problemas del fraude en el crédito documentario que crea múltiples problemas en el trabajo de los jueces de salvaguardar la justicia.
Como ya se ha dicho, estos artículos científicos desean ofrecer una visión crítica de la práctica de los tribunales del Common Law en el ámbito del fraude en los créditos documentarios. A estos efectos, se revisa con detalle el desarrollo histórico y moderno de las aproximaciones judiciales inglesa y americana a la regla del fraude. También se examina el enfoque de otras jurisdicciones del Common Law cuando es necesario.
La tesis se compone de dos partes: un artículo de presentación y las publicaciones. El primero tiene seis capítulos. El primero es la introducción y los antecedentes históricos de los créditos documentarios y su operativa. Mientras que el capítulo segundo explora la naturaleza legal y las fuentes del Derecho, el tercero analiza los principios básicos de los créditos documentarios. El capítulo cuarto se centra en la regla del fraude y se analizan las aproximaciones estadounidense y británica al respecto, en cuanto excepción básica respecto del principio de la independencia de los créditos documentarios. En el capítulo cinco se examinan otras excepciones, como la ilegalidad, la nulidad, la mala fe del beneficiario y la exigencia abusiva de pago. Al final, el capítulo seis proporciona una conclusión sobre el tema de estudio y los materiales cubiertos.
La segunda parte contiene doce artículos publicados en revistas internacionales revisadas por expertos que brindan un análisis jurídico exhaustivo y profundo del principio de autonomía y de sus excepciones en el marco de los sistemas de Common Law.International trade has been always a controversial topic. A person can approach it from any given perspective. However, almost no one can deny its impact on daily life of us. Therefore, all human capacities are employed to help development of it at global level. The regulatory question is one of the most debated issues in international trade among all others which have always been a hot topic for legal practitioners, businessmen, governments as well as academicians. The roots for such controversial issue can be sought in existence of different legal systems, different regulations, different terminology, different customs, different technologies and different methods of payment all in absence of global authority. However, while discussing regulatory issues in international trade, we should not forget about the dark side of business in which perpetrators with bad faith are ready to use the most advanced technologies in order to defraud others in the course of international transactions. The documentary letter of credit is one of the most popular methods of payment in international transactions. The key to their success is reducing risk for exporter by replacing importer’s financial undertakings with a guarantee of payment from a bank. Within the framework of a complicated process, bank will guarantee to honour the seller’s presentation of complying documents with terms of credit on behalf of the creditworthy buyer who will compensate the bank based on other contract. By applying two principles of autonomy and strict compliance, documentary credit mitigates the existing commercial risk of trade between buyer and seller who are in different countries and have no information about financial capacity of each other’s businesses. Within the frame work of the principle of autonomy, credit is separated from underlying contract of sales and bank will pay beneficiary who presents complying documents even in case of dispute over the underlying contract. In this way seller will have the assurance for payment before departing from goods and his interests are safeguarded. On the other hand, based on the principle of strict compliance, beneficiary will be compensated only after presentation of fully complying documents and any error on the face of documents might result in rejection of payment by bank. Review of the history of payment under documentary credit operation in international trade shows that banks focus only on documents and disregard any possible disputer in underlying contract might increase the risk of fraudulent presentation by beneficiary. In many countries, increasing number of fraud cases resulted in introduction and adaptation of fraud exception to an absolute principle of autonomy of documentary credits. At the same time, we should not forget the Unified Customs and Practices for documentary letters of credits as the most accepted set of rules at global level has completely left the issue of fraud and fraudulent behaviour of beneficiary open for national laws. This will create another problem which is relevant to the standard of proof and remedies under different legal systems and conflict of laws. Current doctoral thesis tries to offer an answer to the question of fraud exception to the principle of independence of documentary credits under English law. Reason for choosing the legal system is its popularity as the governing law in many fields of international trade as well is its common law nature and the absence of statute for governing the fraud rule in documentary credits. It is worth adding that English law has the case law approach to the problems of fraud in documentary credits which creates lots of problem on the way of judges to safeguard the justice. As it has been mentioned already, current research paper desires to have a critical approach to practice of Common Law courts in field of fraud in documentary credits. For this purpose, it will review closely historical and modern developments of fraud rule base on the case law approach of English and American courts to the subject matter. Research will also examine approaches of other common law jurisdictions if necessary. Research consists of two main parts. Review article and publications. The review article has six chapters. Chapter one is the introduction to the historical background of documentary letters of credit and their operation. While chapter two explores legal nature and sources of law for letters of credit chapter three will analyse the key principles of documentary letters of credits. Chapter four, will have a focus on fraud rule by analysing American and British approach to it as the first adopted exception to independent principle of documentary letters of credit. Chapter five will scrutinize other exceptions including illegality, nullity, beneficiary’s bad faith and abusive demand for payment. At the end chapter six will provide a conclusion on the subject matter of study and materials covered. The second part includes twelve published papers in international peer reviewed journals providing comprehensive and in depth legal analysis form autonomy principle and its exceptions within the framework of Common Law system.
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Xu, Zhongxin. "The principle of independence of demand guarantees and standby letters of credit." Thesis, University of Cambridge, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.248720.
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Gelinas, Fabien. "Constitutional adjudication and the independence of Canada : issues of principle, convention, and law." Thesis, University of Oxford, 1995. https://ora.ox.ac.uk/objects/uuid:5b32f3bd-4a16-4020-8778-2494e1a304cb.
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This thesis seeks to identify the conceptual resources available to Canadian courts in the adjudication of fundamental constitutional change. Part One offers a general analysis of the materials pertaining to the self-interpretation of the higher courts' role as a privileged forum for constitutional decision-making. Reviewing the rich development of the advisory opinion tradition, the drastic weakening of traditional bars to adjudication and the judicial pronouncements on constitutional conventions, it explains how the Canadian judiciary have come to assume in a uniquely Canadian way the role of "guardians of the constitution", well beyond traditional conceptions of the judicial function. Part Two starts with a critical analysis of the Supreme Court's view of the distinction between convention and law and moves on to offer a more convincing account of the inevitable interface between convention and unwritten constitutional law, with a view to an appropriate treatment of constitutional change. Part Three directly addresses the issue of fundamental constitutional change. It begins with a theoretical study of the problem of self-reference in constitutional law, moves beyond this so-called paradox to explore how the juncture between "logic" and "pragmatics" might be explained for law, and finally presents the issue as the courts faced it in the Patriation Reference. Part Four, finally, explains how constitutional principles function in constitutional adjudication as the proper source of both constraint and justification in decisions where fundamental rules are at issue. Picking up the matter where it was left off at the end of Part Three, it concludes this thesis with a legal analysis of the transfer of ultimate and supreme constitutional authority from the United Kingdom to Canada, an analysis which puts all of the author's conclusions to work.
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Legoabe, Phetogo. "The relationship between the political branches and the judiciary with reference to the principle of judicial independence." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60057.
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The concept of judicial independence arguably forms the basis of the relationship between the
legislature, the executive and the judiciary. It is also an integral part of the functioning of the
courts and therefore requires some protection.
This paper looks at the relationship between the political braches, being the legislature and the
executive on the one hand, and the judiciary on the other. In order to explore the concept of
judicial independence, the doctrine of the separation of powers ought to be discussed. The
introductory part of this paper will be dedicated to uncovering the origins of the doctrine of the
separation of powers along with its modern day application within South Africa and other
jurisdictions across the world.
The core of this paper analyses whether there are any political pressures or influences on the
judiciary and on judges when they make decisions. In order to assist with the above, five
judgments ofthe Constitutional Court and the Supreme Court of Appeal will be discussed and an
assessment of the reasoning of the courts' decisions will be made. As will be discussed, although
the decisions appear legally justiciable, politics arguably remains an underlying factor in the
judicial decisioncmaking process and as will be argued the courts have over the years created
mechanisms of protecting their institutional security.
The latter part of this paper focuses on the Judicial Service Commission and the consequences of
the involvement of the political branches within the judicial appointment-making process. An
assessment of the present relationship between the political branches and the judiciary will also
be made in this paper with a particular focus on the relationship between the executive and the
judiciary. Recent case law and public discussions will be used to illustrate where this relationship
may stand and whether it is possibly strained. This paper is centered around the principle of
judicial independence and how courts are able to maintain their institutional security along with
their relationship with the political branches.Mini Dissertation (LLM)--University of Pretoria, 2016.
Public Law
LLM
Unrestricted
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Corne, Charmian Wang. "Rethinking the Law of Letters of Credit." University of Sydney. Law, 2003. http://hdl.handle.net/2123/660.
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The documentary letters of credit transaction is the most common method of payment for goods in international trade. Its use has been considered so important that it is referred to as the �lifeblood� of international commerce. The purpose of this thesis is, through analysing the present regime of documentary credit established under the The Uniform Customs and Practice for Documentary Credits, 1993 Revision (�UCP�), to identify the rights and duties of all parties in such transactions and the reasons for the frequent occurrence of fraudulent activities associated with the documents required under the credits. It identifies that the present system fails to either encourage or implement substantial realisation of �reasonable care� or �good faith� on the part of the banks, or realisation of the requirement of �good faith� from beneficiaries. As a result, the independence principle has been left without substance, with resulting huge opportunities for fraudsters to cheat on the documents and obtain payment without the need to actually perform their duties to banks and buyers. Such issues have become more acute against the background of an underlying shift in the allocation of risk between the respective parties to letters of credit. There has been a depreciation in the value of the primary document of title and security held by the issue, the bill of lading, with the advent of container shipping. As the letter of credit system is wholly dependent on the integrity of the documents, it is being undermined by these developments. This has represented a shift in the traditional scheme of risk allocation from the seller to the bank. In practice, banks have taken countermeasures by insisting that applicants provide other types of collateral, and by subjecting applicants to rigorous credit checks. Thus, applicants ultimately have had to bear the brunt of costs associated with this reallocation of risk. It will be demonstrated that the UCP does not incorporate adequate or clear enough duties to be exercised on the part of issuers toward applicants, and severely restricts the applicant�s right to sue if the issuer has wrongfully honoured. Ultimately, a balance must be struck between the desirability of protecting the applicant from the beneficiary�s fraud against the benefits gained by maintaining the letter of credit as a commercial instrument and business device. Obviously, there is public interest in protecting both of these commercial values. This thesis advocates that a mechanism in addition to the fraud exception must be introduced to safeguard the system against the ramifications of these changes � increased fraud. The thesis is structured into five chapters. Chapter 1 sets out to demonstrate the circumstances under which the respective risks are borne by each participant in the letter of credit transaction, and how developments in trade practice have caused the burden of certain of these risks among the parties to a letter of credit transaction to shift. Chapter 2, after briefly visiting the historical origins of the letter of credit and the birth of the UCP, explores the implications of the dominance of banking interests over the drafting and interpretation of the UCP, how the UCP has in practice excluded the intrusion of other sources of law and the general reluctance of courts to intervene by applying non-letter of credit principles, the implication of the UCP�s assumption of the law in practice, the resulting marginalisation of local laws, and the inequality in bargaining power between banks and applicants that precludes a choice of law other than the UCP. Chapter 3 explores the independence principle and question of documentary compliance, why the system is ridden with non-compliant documents and the lack of incentive and meaningful duty for the banks to check for �red flags� that may indicate fraud on the documents or in the transaction. It will be emphasised that documentary validity, rather than mere documentary compliance, should be the focus under the letter of credit. Chapter 4 examines the fraud exception to the independence principle, the typical high thresholds of proof that applicants had to overcome to estopp payment, and explores recent trends towards the gradual lowering of such thresholds. Finally, Chapter 5 considers practical measures and proposals for reform that would help to redress the imbalance in the allocation of risk identified in the thesis.
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Makobe, Melanchton Phillip Malepe. "The operation of letters of credit with particular reference to the doctrine of strict compliance, the principle of independence, the fraud exception and conflict of laws." Thesis, Rhodes University, 2001. http://hdl.handle.net/10962/d1007281.
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The thesis covers aspects of the law relating to letters of credit. It deals with the operation of letters of credit with particular reference to the doctrine of strict compliance, the principle of independence, the fraud exception and conflict of laws. According to the principle of independence, banks must make payment in terms of the letter of credit irrespective of any dispute that may exist between the buyer and the seller in an underlying contract or other contracts. Although the principle of independence is clearly established, it is not absolute. An exception occurs in the case of fraud. Thus, if the seller has committed fraud, such as tendering forged documents, the buyer can instruct the bank not to make payment in terms of the credit. If the bank refuses to dishonour the letter of credit, the buyer can apply to a court to interdict the bank from making payment. In South African law the buyer must establish that the seller was party to fraud in relation to the documents presented to the bank for payment before the court can grant an interdict. This thesis also examines the standard of proof of fraud required in letters of credit transactions and proposes a standard of proof which will not unduly favour the seller whose good faith is in dispute. The fast growing technology of computers and telecommunications is rapidly changing the methods of transacting business by paper documentation and letter of credit transactions are no exception. At present the buyer can apply to the bank to issue a letter of credit through the computer and banks also communicate letter of credit transactions through computer networks. However, the beneficiary still has to present documents to the bank for payment in paper form. It is proposed that the Uniform Custom and Practice For Documentary Credits (UCP) be amended to provide for fully computerised letters of credit transactions. Another objective of the thesis is to examine the doctrine of strict compliance. In terms of the doctrine of strict compliance documents presented under the credit must comply strictly with the requirements set out in the credit. If banks are satisfied that the documents presented by the seller strictly conform with the requirements of the credit they are obliged to make payment as required by the credit. It is proposed that the doctrine of strict compliance should not be applied strictly. In other words, the banks should make payment in terms of the credit if the discrepancy in the documents is trivial. The thesis also covers conflict of laws issues. As the UCP does not have rules dealing with conflict of laws, most jurisdictions have developed their own rules to be applied by the courts in cases of conflict of laws. The thesis examines the different rules of conflict of laws as developed and practiced by different jurisdictions.
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Vieira, Daniel Prata. "Estudo experimental das vibrações induzidas pela emissão de vórtices em cilindros flexíveis inclinados em relação à correnteza." Universidade de São Paulo, 2017. http://www.teses.usp.br/teses/disponiveis/3/3135/tde-30062017-111056/.
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O problema das vibrações induzidas por vórtices em cilindros flexíveis inclinados em relação ao perfil de correnteza incidente é estudado através de uma abordagem experimental. Este tema se mostra de grande importância e aplicação na Engenharia Naval e Oceânica uma vez que são diversas as estruturas que se encaixam nesta descrição, como são o casos dos risers e linhas de amarração. Apesar de extensa, a literatura técnica especializada no assunto é focada em simplificações, tais como os estudos de cilindros rígidos fixos, cilindros rígidos montados em base elástica e cilindros flexíveis verticais ou lançados em catenária livre. A questão da inclinação é abordada em termos do Principio da Independência que diz que as forças e a frequência de emissão de vórtices em um cilindro inclinado são iguais as de um cilindro vertical se considerada apenas a parcela da correnteza normal à direção de inclinação. Estudos anteriores mostraram que este princípio é válido somente em algumas condições específicas e poucos deles apresentam resultados para cilindros flexíveis. Com base nisso, um ensaio em escala reduzida em tanque de reboque foi realizado com um modelo de linha composto por um tubo de silicone preenchido com microesferas de aço e condições de contorno articuladas em suas extremidades, o que conferiu características inerciais e geométricas ideais para a obtenção do fenômeno. Além da configuração vertical (? = 0°), que é o caso de referência, o modelo foi estudado em outras quatro inclinações com a vertical: ? = 10°, 20°, 30° e 45°. Estas inclinações foram ensaiadas para cinco diferentes azimute: ? = 0°, 45°, 90°, 135° e 180°, resultando em vinte e uma configurações de inclinação. Os resultados são analisados em termos da decomposição modal da vibração da linha, ou seja, são apresentadas amplitudes e frequências de oscilação ocorridas em cada um dos modos de vibrar. Além disso são realizadas análises espectrais, gráficos de evolução espaço-temporal, trajetórias de pontos ao longo do modelo flexível, entre outros. Frequências naturais, coeficientes de amortecimento e trações no topo são apresentados, complementarmente, como resultados de caracterização do modelo. Os estudos apontaram para uma validade do PI com algumas ressalvas, principalmente influenciadas pela diferença nas frequências do primeiro e segundo modo que é crescente com o aumento da inclinação. Além disso conclusões importantes sobre a coexistência modal, em regiões de ressonância e/ou de transição da dominância modal, foram obtidas.The vortex-induced vibration problem in flexible cylinders yawed in relation to the incident current profile is studied through an experimental approach. This topic has great importance and application on Naval and Oceanic Engineering once there are multiple structures that fit into this description, such as risers and mooring lines. Though extensive, technical literature specialized on this topic is focused on simplifications such as the study of fixed rigid cylinders, elastic base rigid cylinders and flexible cylinders assembled vertically or launched in free hanging catenary. The inclination issue is addressed in the terms of the Principle of Independence which states that the forces and frequency shedding in an inclined cylinder are equal to those of a vertical cylinder if only considered the current component normal to the inclination plane. Previous studies showed that this principle is valid only on some specific conditions and few of them showed results to flexible systems. Based on this, a scaled tow tank test was performed with a line model composed of a silicone tube filled with steel microspheres and articulated end conditions, which offered the ideal inertial and geometrical conditions to obtaining the phenomenon. Besides the vertical configuration (? = 0°), which is the reference case, the model was studied in other four inclinations with the vertical: ? = 10°,20°, 30° and 45°. These inclinations were tested for five different azimuth directions: ? = 0°, 45°, 90°, 135° and 180°, resulting in 21 configurations. The results are analyzed on terms of the modal decomposition of the line motions, that is, amplitudes and oscillation frequencies are presented for each one of the vibration modes. Furthermore other analyzes are made, as spectral graphs, spatio-temporal evolution graphs, line points trajectories, among others. Natural frequencies, damping coefficients and tensions at the top are presented, complementarly, as results of the model characterization. The studies pointed to a validity of the IP with some reservations, mainly influenced by the difference in of the first and second mode frequencies that is increasing with the yaw increase. In addition, important conclusions about modal coexistence in regions of resonance and / or transition of modal dominance were obtained.
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Mantke, Wolfgang Johann. "Picture independent quantum action principle." Diss., Georgia Institute of Technology, 1992. http://hdl.handle.net/1853/29850.
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Almeida, Fernanda Leao de. "A garantia institucional do Ministério Público em função da proteção dos direitos humanos." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/2/2139/tde-26012011-151013/.
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Esta tese volta-se à análise crítica da garantia institucional de independência do Ministério Público brasileiro sob dois aspectos: de um lado, a sua independência em relação às esferas organizacionais dos poderes clássicos do Estado; e, de outro, os limites da independência funcional que visa a assegurar, para os seus membros, o livre desenvolvimento das funções institucionais. Sob o influxo do processo de reconhecimento universal dos direitos humanos a partir da Declaração de 1948, o valor da dignidade da pessoa humana representa o fundamento central do Estado Democrático de Direito da Constituição Federal de 1988, constituindo a fonte jurídica do vasto conjunto de direitos fundamentais dela constante. A proteção dos direitos fundamentais da pessoa humana é indissociável de um regime político democrático, que não pode prescindir de um sistema eficaz de controle do exercício do poder político para a persecução de tal desiderato. Daí a importância da efetividade dos mecanismos de controle recíproco entre os órgãos estatais, no comando do princípio fundamental projetado por Montesquieu que, atualmente, não mais se reduz à formula tríplice de distribuição das funções legislativa, executiva e judicial. É nesse contexto que se pretende introduzir a análise da garantia institucional de independência do Ministério Público, à luz, especificamente, de determinadas funções que lhe foram atribuídas para o controle de decisões de outros órgãos estatais, sobretudo do Executivo, envolvendo a tutela dos direitos fundamentais de proteção da dignidade da pessoa humana. A hipótese é a da existência de aspectos organizacionais condicionando o funcionamento do Ministério Público em dissonância de sua plena afirmação como novo ator político; quais sejam: a) a ausência de limites precisos à garantia de independência funcional no desenvolvimento de suas atividades; b) um sistema autocrático de gestão orientando as decisões sobre todas as políticas institucionais; c) a manutenção dos vínculos que prendem a instituição ao Executivo do Estado, concebido como o ramo hegemônico do regime político brasileiro. O trabalho pretende investigar as causas das incorreções, correlacioná-las e apontar os seus equívocos, para a identificação dos pontos relevantes sujeitos a uma pronta alteração de cunho organizacional, de modo a serem reproduzidos no funcionamento do Ministério Público brasileiro os valores republicanos e democráticos que devem informar um regime político como Estado Democrático de Direito.This thesis offers a critical analysis of the institutional guarantee of independence of the Brazilian Public Attorney\'s Office regarding two aspects: on one hand, its independence concerning the organizational spheres of the classical branches of the State; on the other hand, the limits of the functional independence that aims at securing free development of the institutional functions to the members of the Public Attorney\'s Office. Due to the process of universal acknowledgement of human rights since the Declaration of 1948, the value of a human being\'s dignity represents the central basis of the Democratic Rule of Law of the 1 988 Federal Constitution, establishing a legal source for the vast set of fundamental rights contained in it. The protection of the fundamental rights of a human being is intrinsic to a democratic political system, which cannot dispense with an efficient procedure to control the use of political power for pursuing such desideratum. Hence the importance of the efficiency of the mechanisms of checks and balances among state agencies, in carrying out the fundamental principle proposed by Montesquieu that is no longer limited nowadays to the triple distribution formula of legislative, executive and judiciary functions. It\'s in this context that the present work intends to introduce the analysis of the institutional guarantee of independence of the Public Attorney\'s Office, specifically examining certain functions attributed to it for the control over decisions by other state agencies, particularly in the executive branch, that involve the safeguarding of the fundamental rights of protection of a human being\'s dignity. The hypothesis is the existence of organizational aspects stipulating the operation of the Public Attorney\'s Office in discordance with its full role as new political agent, such as: a) absence of precise limits to guarantee functional independence in the development of its activities; b) an autocratic ruling system guiding decisions on all institutional policies; c) maintenance of the bonds linking the institution to the executive branch, which is conceived as the hegemonic branch of Brazil\'s political system. This work intends to investigate the causes of those problems, correlate them and pinpoint mistakes, in order to identify the relevant points that would be subject to a swift alteration in terms of organization, so the republican, democratic values that ought to conduct a political regime as a Democratic Rule of Law may be reproduced in the operations of the Brazilian Public Attorney\'s Office.
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Castres, Saint Martin Constance. "Les conflits d'intérêts en arbitrage commercial international." Thesis, Paris 2, 2015. http://www.theses.fr/2015PA020029/document.
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Le conflit d'intérêts est un sujet passionnant notamment en raison de son omniprésence dans l'actualité. Approximative, l'expression empruntée au magma lexical des politiciens et juristes anglo-américains s'est récemment diffusée en France dans le monde des affaires et aussitôt reprise par le jargon médiatique pour désigner des éventuelles interférences de l'intérêt privé dans l'exercice de pouvoirs de nature privée ou publique. Il n'existe en l'état actuel du droit positif français aucune réglementation spécifique de ces « conflits d'intérêts », pas plus en droit privé qu'en droit public, alors même qu'on se préoccupe de leur prévention tandis que leur sanction relève de qualifications plus générales. Il convient donc de s'interroger sur la définition et la valeur opératoire de cette notion et le régime juridique qui pourrait lui être réservé, ce que l'on se propose d'entreprendre dans la sphère du droit privé et par préférence dans le champ de l'arbitrage commercial, particulièrement exposé aux appétits hégémoniques des droits anglo-américainsConflict of Interests is a fascinated subject due to its pervasiveness in the economic life. This approximated expression, borrowed from the politicians and Anglo-American lawyers' jargon, has recently spread into the French business world and was taken up by the media to designate the interferences of private interest in the exercise of powers of private or public nature. In the current state of French Law, there is no specific rule governing conflicts of interests, neither in Private Law, nor in Public Law. Indeed, politicians and scholars paradoxically only focus on their prevention, whereas their sanctions fall within the scope of broader notions. The aim of this research is to lay down the definition, the operative value and the regime of conflict of interests. The scope of this research shall be, within Private Law, Commercial Arbitration Law, which is particularly exposed to the hegemony of Anglo-American laws
Books on the topic "Independence Principle"
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Li, Yuwen. Judicial independence in China: An attainable principle? The Hague, The Netherlands: Eleven International Publishing, 2013.
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Enonchong, Nelson. The independence principle of letters of credit and demand guarantees. Oxford: Oxford University Press, 2011.
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Enonchong, Nelson. The independence principle of letters of credit and demand guarantees. Oxford: Oxford University Press, 2011.
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The independence principle of letters of credit and demand guarantees. Oxford: Oxford University Press, 2011.
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Enonchong, Nelson. The independence principle of letters of credit and demand guarantees. Oxford: Oxford University Press, 2011.
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Enonchong, Nelson. The independence principle of letters of credit and demand guarantees. Oxford: Oxford University Press, 2011.
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Ruch, Christian. Struktur und Strukturwandel des jurassischen Separatismus zwischen 1974 und 1994. Bern: P. Haupt, 2001.
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Le siècle identitaire: La fin des États postcoloniaux. Paris: Michalon, 2010.
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Hyvarinen, Aapo. Independent component analysis. New York: J. Wiley, 2001.
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Juha, Karhunen, and Oja Erkki, eds. Independent component analysis. New York: J. Wiley, 2001.
Find full textBook chapters on the topic "Independence Principle"
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Anastassiou, George A., and Ioannis K. Argyros. "The Asymptotic Mesh Independence Principle." In Intelligent Numerical Methods: Applications to Fractional Calculus, 283–96. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-26721-0_17.
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Seibert-Fohr, Anja. "Judicial Independence – The Normativity of an Evolving Transnational Principle." In Judicial Independence in Transition, 1279–373. Berlin, Heidelberg: Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-28299-7_29.
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Bioy, Xavier. "Judicial Independence: Constitutional Principle or Human Right?" In Judicial Power in a Globalized World, 63–73. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-20744-1_4.
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Tepandi, Jaak, Carmen Rotuna, Giovanni Paolo Sellitto, Sander Fieten, and Andriana Prentza. "The Technical Challenges in OOP Application Across the European Union and the TOOP OOP Architecture." In The Once-Only Principle, 141–63. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-79851-2_8.
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AbstractThe Once-Only Principle requires the public administrations to ensure that citizens and businesses supply the same information only once to the Public Administration as a whole. Widespread use of the Once-Only Principle has the potential to simplify citizens’ life, make businesses more efficient, and reduce administrative burden in the European Union. The Once-Only Principle project (TOOP) is an initiative, financed by the EU Program Horizon 2020, to explore the possibility to enable the cross-border application of the Once-Only Principle by demonstrating it in practice, through the development of selected piloting applications for specific real-world use cases, enabling the connection of different registries and architectures in different countries for better exchange of information across public administrations. These piloting ICT systems are designed as a result of a pan-European collaboration and they adopt a federated model, to allow for a high degree of independence between the participating parties in the development of their own solutions. The main challenge in the implementation of an OOP solution is the diversity of organizations, procedures, data, and services on all four main levels of interoperability: legal, organizational, semantic, and technical. To address this challenge, TOOP is developing and testing the TOOP Reference Architecture (TOOPRA) to assist organizations in the cross-border implementation of the OOP. The paper outlines the TOOPRA users, principles, and requirements, presents an overview of the architecture development, describes the main views of TOOPRA, discusses architecture profiling, and analyses the TOOPRA sustainability issues.
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Baudenbacher, Carl. "War Over Constitutional Principles." In Judicial Independence, 127–37. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-02308-9_10.
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Gola, Jan. "The Independence of Regulatory Authorities as a Guarantee of Compliance with the Principle of Fair Competition." In Country Experiences in Economic Development, Management and Entrepreneurship, 293–303. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-46319-3_18.
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Pike, Michael S. "Independence and Accountability." In The Principles of Policing, 155–77. London: Palgrave Macmillan UK, 1985. http://dx.doi.org/10.1007/978-1-349-17832-2_8.
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Craft, Stephanie, and Charles N. Davis. "The Independent Journalist." In Principles of American Journalism, 83–108. 3rd ed. Third edition. | New York, NY : Routledge, 2021.: Routledge, 2021. http://dx.doi.org/10.4324/9781351107013-4.
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Shankar, Ramamurti. "Time-Independent Perturbation Theory." In Principles of Quantum Mechanics, 459–80. Boston, MA: Springer US, 1995. http://dx.doi.org/10.1007/978-1-4615-7673-0_17.
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Shankar, R. "Time-Independent Perturbation Theory." In Principles of Quantum Mechanics, 451–71. New York, NY: Springer US, 1994. http://dx.doi.org/10.1007/978-1-4757-0576-8_17.
Full textConference papers on the topic "Independence Principle"
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Zhu, George. "Problem Solving Using Independence Design Principle." In SAE 2005 World Congress & Exhibition. 400 Commonwealth Drive, Warrendale, PA, United States: SAE International, 2005. http://dx.doi.org/10.4271/2005-01-1524.
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Sosnina, A. O. "IMPLEMENTATION OF THE PRINCIPLE OF INDEPENDENCE FOREIGN EXPERT IN MODERN CONDITIONS." In MATERIALS VIII International Scientific and Practical Conference. Izdatelstvo Prospet LLC, 2021. http://dx.doi.org/10.31085/9785998811869-2021-8-370-375.
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Mikowski, Alexandre, André Fujarra, and Nicole Hepp Hannes. "Uncertainties in Applying the Independence Principle to the VIV Responses of Yawed Cylinders." In 24th ABCM International Congress of Mechanical Engineering. ABCM, 2017. http://dx.doi.org/10.26678/abcm.cobem2017.cob17-5909.
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Tung, Ha Dang Cao. "On the Relation Between Maximum Entropy Principle and the Condition Independence Assumption in the Probabilistic Logic." In Proceedings of the Conference. WORLD SCIENTIFIC, 2005. http://dx.doi.org/10.1142/9789812703118_0018.
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Liang, Junchi, and Abdeslam Boularias. "Inferring Time-delayed Causal Relations in POMDPs from the Principle of Independence of Cause and Mechanism." In Thirtieth International Joint Conference on Artificial Intelligence {IJCAI-21}. California: International Joint Conferences on Artificial Intelligence Organization, 2021. http://dx.doi.org/10.24963/ijcai.2021/268.
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This paper introduces an algorithm for discovering implicit and delayed causal relations between events observed by a robot at regular or arbitrary times, with the objective of improving data-efficiency and interpretability of model-based reinforcement learning (RL) techniques. The proposed algorithm initially predicts observations with the Markov assumption, and incrementally introduces new hidden variables to explain and reduce the stochasticity of the observations. The hidden variables are memory units that keep track of pertinent past events. Such events are systematically identified by their information gains. A test of independence between inputs and mechanisms is performed to identify cases when there is a causal link between events and those when the information gain is due to confounding variables. The learned transition and reward models are then used in a Monte Carlo tree search for planning. Experiments on simulated and real robotic tasks, and the challenging 3D game Doom show that this method significantly improves over current RL techniques.
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Marshall, J. S. "Vorticity Dynamics in the Wake of a Yawed Cylinder." In ASME 2002 Joint U.S.-European Fluids Engineering Division Conference. ASMEDC, 2002. http://dx.doi.org/10.1115/fedsm2002-31345.
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A theoretical and computational study is reported of the effect of cylinder yaw angle on the vorticity and velocity field in the cylinder wake. Previous experimental studies for yawed cylinder flows conclude that, sufficiently far away from the cylinder ends and for small and moderate values of the yaw angle, the near-wake region is dominated by vortex structures aligned parallel to the cylinder. Associated with this observation, experimentalists have proposed the so-called Independence Principle, which asserts that the forces and vortex shedding frequency of a yawed cylinder are the same as for a cylinder with no yaw using only the component of the free-stream flow oriented normal to the cylinder axis. The current paper examines the structure and consequences for yawed cylinder flows of a quasi-two-dimensional (Q2D) approximation in which the velocity and vorticity have three nonzero components, but have vanishing gradient in the direction of the cylinder axis. In this approximation, the cross-stream velocity field is independent of the axial velocity component, thus reproducing the Independence Principle. Both the axial vorticity and axial velocity components are governed by an advection-diffusion equation. The governing equations for vorticity and velocity in the Q2D theory can be nondimensionalized to eliminate dependence on yaw angle, such that the cross-stream Reynolds number is the only dimensionless parameter. Computations using the Q2D theory are performed to examine the evolution of the cross-stream vorticity and associated axial velocity field. The cross-stream vorticity is observed to shed from the cylinder as thin sheets and to wrap around the Ka´rman vortex structures, which in turn induces an axial velocity deficit within the wake vortex cores. The computational results indicate two physical mechanisms, associated with instability of the Q2D flow, that might explain the experimentally observed breakdown of the Independence Principle for large yaw angles.
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Wygnanski, I., P. Tewes, N. Zalewski, and L. Taubert. "On the Applicability of the Boundary Layer Independence Principle to Free and Bounded Turbulent Flows in Absence of Pressure Gradient." In THMT-12. Proceedings of the Seventh International Symposium On Turbulence, Heat and Mass Transfer Palermo, Italy, 24-27 September, 2012. Connecticut: Begellhouse, 2012. http://dx.doi.org/10.1615/ichmt.2012.procsevintsympturbheattransfpal.330.
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Апухтина, Елена Владимировна. "EDUCATIONAL STANDARDS AND PROFESSIONAL ACTIVITIES OF A TEACHER OF INFORMATICS." In Социально-экономические и гуманитарные науки: сборник избранных статей по материалам Международной научной конференции (Санкт-Петербург, Декабрь 2020). Crossref, 2021. http://dx.doi.org/10.37539/seh294.2020.71.62.015.
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В статье изложены основные теоретические аспекты понятия профессиональной деятельности учителя информатики. Выявлены особенности исследовательского потенциала педагогических технологий. Учитывая принцип самостоятельности, раскрыта особенность стандартов третьего поколения. The article presents the main theoretical aspects of the concept of the professional activity of a computer science teacher. The features of the research potential of pedagogical technologies are revealed. Taking into account the principle of independence, the peculiarity of the third generation standards is revealed.
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Kader, A. M., Muhammad I. Rashad, Mahmoud Elzouka, and B. M. El-Souhily. "A Cost-Effective Active Single Axis Solar Tracking Mechanism Based on Weight Imbalance Principle." In ASME 2018 Power Conference collocated with the ASME 2018 12th International Conference on Energy Sustainability and the ASME 2018 Nuclear Forum. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/power2018-7378.
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Solar trackers are rising in popularity; they benefit a wide range of applications since distributed solar energy generation can reduce electricity costs and support energy independence. In this paper, a simple solar tracking system is introduced. The system is a package unit that can be mounted on any solar panel. The system consists of an electrical motor connected directly to a sliding mass on a linear bearing. The electrical motor is controlled to slide the weight along the shafts in controlled steps. As a result, the photovoltaic panels are rotated automatically under the effect of controlled weight unbalance in fine angle increments to track solar trajectory without the need for traditional complex or costly mechanisms. Two light dependent resistors (LDR) sensors, mounted onto the surface of the solar photovoltaic panel, are exposed to solar irradiance and used to feed signals to a controller. A model of the solar tracking system is developed using ordinary differential equations, and numerically solved by MATLAB/Simulink™. The power consumption and tracking strategy of the proposed tracking system are estimated under realistic operating conditions (e.g. wind and brakes), and the power consumption is compared to the power generated by the photovoltaic panels. Optimum values for the sliding mass are suggested. Two photovoltaic modules are used to calculate the output parameters of the proposed tracking mechanism.
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Hogan, James D., and Joseph W. Hall. "The Spanwise Dependence of Vortex-Shedding From Yawed Circular Cylinders." In ASME 2009 Pressure Vessels and Piping Conference. ASMEDC, 2009. http://dx.doi.org/10.1115/pvp2009-77051.
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Simultaneous measurements of the fluctuating wall pressure along the cylinder span were used to examine the spanwise characteristics of the vortex-shedding for yaw angles varying from α = 60° to α = 90°. The Reynolds number based upon the diameter of the cylinder was 56,100. The results indicate that yawing the cylinder to the mean flow direction causes the vortex-shedding in the wake to become more disorderly. This disorder is initiated at the upstream end of the cylinder and results in a rapid decrease in correlation length, from 3.3D for α = 90° to 1.1D for α = 60°. The commonly used independence principle was shown to predict the vortex-shedding frequency reasonably well along the entire cylinder span for α > 70°, but did not work as well for α = 60°.
Reports on the topic "Independence Principle"
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Lehtimaki, Susanna, Kassim Nishtar, Aisling Reidy, Sara Darehshori, Andrew Painter, and Nina Schwalbe. Independent Review and Investigation Mechanisms to Prevent Future Pandemics: A Proposed Way Forward. United Nations University International Institute for Global Health, May 2021. http://dx.doi.org/10.37941/pb-f/2021/2.
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Based on the proposal by the European Council, more than 25 heads of state and the World Health Organization (WHO) support development of an international treaty on pandemics, that planned to be negotiated under the auspices of WHO, will be presented to the World Health Assembly in May 2021. Given that the treaty alone is not enough to ensure compliance, triggers for a high-level political response is required. To this end, to inform the design of a support system, we explored institutional mechanismsi with a mandate to review compliance with key international agreements in their signatory countries and conduct independent country investigations in a manner that manages sovereign considerations. Based on our review, there is no single global mechanism that could serve as a model in its own right. There is, however, potential to combine aspects of existing mechanisms to support a strong, enforceable treaty. These aspects include: • Periodic review - based on the model of human rights treaties, with independent experts as the authorized monitoring body to ensure the independence. If made obligatory, the review could support compliance with the treaty. • On-site investigations - based on the model by the Committee on Prevention of Torture according to which visits cannot be blocked by state parties. • Non-negotiable design principles - including accountability; independence; transparency and data sharing; speed; emphasis on capabilities; and incentives. • Technical support - WHO can provide countries with technical assistance, tools, monitoring, and assessment to enhance emergency preparedness and response.
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Ruff, Grigory, and Tatyana Sidorina. THE DEVELOPMENT MODEL OF ENGINEERING CREATIVITY IN STUDENTS OF MILITARY INSTITUTIONS. Science and Innovation Center Publishing House, December 2020. http://dx.doi.org/10.12731/model_of_engineering_creativity.
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The troops of the national guard of the Russian Federation are equipped with modern models of weapons, special equipment, Informatization tools, engineering weapons that have artificial intelligence in their composition are being developed, " etc., which causes an increase in the requirements for the quality of professional training of future officers. The increasing complexity of military professional activities, the avalanche-like increase in information, the need to develop the ability to quickly and accurately make and implement well-known and own engineering solutions in an unpredictable military environment demonstrates that the most important tasks of modern higher education are not only providing graduates with a system of fundamental and special knowledge and skills, but also developing their professional independence, and this led to the concept of engineering and creative potential in the list of professionally important qualities of an officer. To expedite a special mechanism system compact intense clarity through cognitive visualization of the educational material, thickening of educational knowledge through encoding, consolidation and structuring Principle of cognitive visualization stems from the psychological laws in accordance with which the efficiency of absorption is increased if visibility in training does not only illustrative, but also cognitive function, which leads to active inclusion, along with the left and right hemispheres of the student in the process of assimilation of information, based on the use of logical and semantic modeling, which contributes to the development of engineering and creative potential.
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Lehtimaki, Susanna, Aisling Reidy, Kassim Nishtar, Sara Darehschori, Andrew Painter, and Nina Schwalbe. Independent Review and Investigation Mechanisms to Prevent Future Pandemics: A Proposed Way Forward. United Nations University International Institute for Global Health, April 2021. http://dx.doi.org/10.37941/rr/2021/1.
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The COVID-19 pandemic has created enormous challenges for national economies, livelihoods, and public services, including health systems. In January 2021, the World Health Organization proposed an international treaty on pandemics to strengthen the political commitment towards global pandemic preparedness, control, and response. The plan is to present a draft treaty to the World Health Assembly in May 2021. To inform the design of a support system for this treaty, we explored existing mechanisms for periodic reviews conducted either by peers or an external group as well as mechanisms for in-country investigations, conducted with or without country consent. Based on our review, we summarized key design principles requisite for review and investigation mechanisms and explain how these could be applied to pandemics preparedness, control, and response in global health. While there is no single global mechanism that could serve as a model in its own right, there is potential to combine aspects of existing mechanisms. A Universal Periodic Review design based on the model of human rights treaties with independent experts as the authorized monitoring body, if made obligatory, could support compliance with a new pandemic treaty. In terms of on-site investigations, the model by the Committee on Prevention of Torture could lend itself to treaty monitoring and outbreak investigations on short notice or unannounced. These mechanisms need to be put in place in accordance with several core interlinked design principles: compliance; accountability; independence; transparency and data sharing; speed; emphasis on capabilities; and incentives. The World Health Organization can incentivize and complement these efforts. It has an essential role in providing countries with technical support and tools to strengthen emergency preparedness and response capacities, including technical support for creating surveillance structures, integrating non-traditional data sources, creating data governance and data sharing standards, and conducting regular monitoring and assessment of preparedness and response capacities.
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Halych, Valentyna. SERHII YEFREMOV’S COOPERATION WITH THE WESTERN UKRAINIAN PRESS: MEMORIAL RECEPTION. Ivan Franko National University of Lviv, February 2021. http://dx.doi.org/10.30970/vjo.2021.49.11055.
Full textAbstract:
The subject of the study is the cooperation of S. Efremov with Western Ukrainian periodicals as a page in the history of Ukrainian journalism which covers the relationship of journalists and scientists of Eastern and Western Ukraine at the turn of the XIX-XX centuries. Research methods (biographical, historical, comparative, axiological, statistical, discursive) develop the comprehensive disclosure of the article. As a result of scientific research, the origins of Ukrainocentrism in the personality of S. Efremov were clarified; his person as a public figure, journalist, publisher, literary critic is multifaceted; taking into account the specifics of the memoir genre and with the involvement of the historical context, the turning points in the destiny of the author of memoirs are interpreted, revealing cooperation with Western Ukrainian magazines and newspapers. The publications ‘Zoria’, ‘Narod’, ‘Pravda’, ‘Bukovyna’, ‘Dzvinok’, are secretly got into sub-Russian Ukraine, became for S. Efremov a spiritual basis in understanding the specifics of the national (Ukrainian) mass media, ideas of education in culture of Ukraine at the end of XIX century, its territorial integrity, and state independence. Memoirs of S. Efremov on cooperation with the iconic Galician journals ‘Notes of the Scientific Society after the name Shevchenko’ and ‘Literary-Scientific Bulletin’, testify to an important stage in the formation of the author’s worldview, the expansion of the genre boundaries of his journalism, active development as a literary critic. S. Yefremov collaborated most fruitfully and for a long time with the Literary-Scientific Bulletin, and he was impressed by the democratic position of this publication. The author’s comments reveal a long-running controversy over the publication of a review of the new edition of Kobzar and thematically related discussions around his other literary criticism, in which the talent of the demanding critic was forged. S. Efremov steadfastly defended the main principles of literary criticism: objectivity and freedom of author’s thought. The names of the allies of the Ukrainian idea L. Skochkovskyi, O. Lototskyi, O. Konyskyi, P. Zhytskyi, M. Hrushevskyi in S. Efremov’s memoirs unfold in multifaceted portrait descriptions and function as historical and cultural facts that document the pages of the author’s biography, record his activities in space and time. The results of the study give grounds to characterize S. Efremov as the first professional Ukrainian-speaking journalist.
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Orning, Tanja. Professional identities in progress – developing personal artistic trajectories. Norges Musikkhøgskole, August 2018. http://dx.doi.org/10.22501/nmh-ar.544616.
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We have seen drastic changes in the music profession during the last 20 years, and consequently an increase of new professional opportunities, roles and identities. We can see elements of a collective identity in classically trained musicians who from childhood have been introduced to centuries old, institutionalized traditions around the performers’ role and the work-concept. Respect for the composer and his work can lead to a fear of failure and a perfectionist value system that permeates the classical music. We have to question whether music education has become a ready-made prototype of certain trajectories, with a predictable outcome represented by more or less generic types of musicians who interchangeably are able play the same, limited canonized repertoire, in more or less the same way. Where is the resistance and obstacles, the detours and the unique and fearless individual choices? It is a paradox that within the traditional master-student model, the student is told how to think, play and relate to established truths, while a sustainable musical career is based upon questioning the very same things. A fundamental principle of an independent musical career is to develop a capacity for critical reflection and a healthy opposition towards uncontested truths. However, the unison demands for modernization of institutions and their role cannot be solved with a quick fix, we must look at who we are and who we have been to look at who we can become. Central here is the question of how the music students perceive their own identity and role. To make the leap from a traditional instrumentalist role to an artist /curator role requires commitment in an entirely different way. In this article, I will examine question of identity - how identity may be constituted through musical and educational experiences. The article will discuss why identity work is a key area in the development of a sustainable music career and it will investigate how we can approach this and suggest some possible ways in this work. We shall see how identity work can be about unfolding possible future selves (Marcus & Nurius, 1986), develop and evolve one’s own personal journey and narrative. Central is how identity develops linguistically by seeing other possibilities: "identity is formed out of the discourses - in the broadest sense - that are available to us ..." (Ruud, 2013). The question is: How can higher music education (HME) facilitate students in their identity work in the process of constructing their professional identities? I draw on my own experience as a classically educated musician in the discussion.
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СОВЕРШЕНСТВОВАНИЕ МЕЖДУНАРОДНОГО РЕЖИМА РЕГУЛИРОВАНИЯ БЕЗОПАСНОСТИ В ОБЛАСТИ ИСПОЛЬЗОВАНИЯ АТОМНОЙ ЭНЕРГИИ. DOI CODE, 2019. http://dx.doi.org/10.18411/0106-5647-2019-26026.
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In the article shows the importance of the global nuclear safety regime, reveals the role of legal instruments (international nuclear conventions and safety standards) as its constituent elements, highlights and discusses the key stages of development and improvement of international legal regulation of nuclear safety, reflects the latest changes and trends in the field. It is noted that the lack of independence and transparency of the regulatory authority, non-compliance of the requirements of laws, regulations and technical standards with international standards leads to tragic consequences. An example of the consequences of non-compliance with nuclear safety principles, in particular, is the accident at the Japanese nuclear power plant. Therefore, it is important to create not only a system of safety standards, but also the conditions necessary to ensure its application by all participants of activity in the field of atomic energy usage.