Literatura académica sobre el tema "Contract relating to a future thing"

The contract of sale of the future thing in which the land is the product deserves special attention. Atthe moment, it has developed a uniform judicial practice regarding the individualization of an unformedland plot as the subject of a contract of sale of a future immovable. In cases where, in accordance with thelaw, a land plot acquires the qualities of a divisible thing, the object of civil turnover can be not only thecorresponding land plot as a whole, but also its part, which in this case acquires the status of an independentland plot for the formation of a land plot. It seems that only after establishing (changing) the location of theboundaries of the land, i. e. formation of a land plot, it may be an object of land and civil law relations, maybe an object of ownership and other rights to land. The current legislation does not contain a ban on thepurchase and sale of a land plot, the right of ownership for which at the time of conclusion of the contractof sale was not registered in the established manner, however, the individualization of a land plot by landsurveying and cadastral registration is a prerequisite for the land the plot became the subject of a contractof sale of a future immovable.

Education exposes a conundrum that extends well beyond government policy and beyond those working in education as a designated discipline. If education is nothing more than a human science or the achievement of satisfactory outcomes by way of testing, then education has no future. Education is the manufacture of docile subjects and (as Bernard Stiegler has argued) it will do little more than short-circuit attention. Stiegler does, however, point out that education’s power to orient bodies beyond themselves toward a complex future relies necessarily on the same technologies that contract and disorient individuals, becoming nothing more than captivation by already actualized forms. Education is at once necessary to bring forth a future distinct from what we already are, and yet that orientation toward a world of relations that is not oneself comes with the essential risk of stupidity

The article manifests three projects of society development: Marx’s – materialistic, Gefter’s – anthropological and Latour’s – geological. The choice of manifestos is explained by the coincidence of their characteristics of the Modern era, where history is presented as the era of Copernican humanity, implementing its plans through revolution. The first project is considered not from the usual dialectical-materialist position, but from the point of view of the performativity of the sign, which has the ability to instantly switch what is said into action (into exchange, war, trade, relations with each other). Relying on the performativity of the sign is a scientific experiment with the aim of understanding the power of the thing in its entirety. Gefter’s main concepts in relation to Russia are the “country of countries” entering the “World of Worlds” (a form of dwelling of mankind) as one of the poles. Gefter presents history as a world of multidirectional, i.e. alternative developments. Latour presented the whole world through actor-network theory, including the activities of humans and invisible hybrid beings (viruses) affecting human life. The network is revealed through mapping and reveals the ways in which spatio-temporal coordinates expand, contract or break, revealing shifting trajectories of development.

The study of insurance in Islamic law is a new thing, and has never been found in classical fiqh literature. The discussion of insurance in the area of ​​Islamic sciences only appeared at the stage of the birth of contemporary scholars. Included in relation to the application of hybrid contracts in insurance. Along with the development of life insurance products, insurance companies not only provide traditional insurance services that are purely protection, but also provide various supporting services for financial planning in the future, according to their needs and financial capabilities, whether they are personal, family or group. one service offered is a combination of insurance and investment, known as Unit Link. The application of a hybrid contract on the unit link in Prudential Pamekasan life insurance is a contract between a participant and a sharia insurance company using a tijarah contract called wakalah bil ujrah, and an easyarabah / musyarakah contract on its investment. and covenants among participants using the tabarru contract 'in the form of a grant, and Qard. The advantages and disadvantages of implementing Unit Link hybrid contracts at PT Prudential Pamekasan syariah and conventional can be seen from the reasons customers choose insurance and the most influential is the rate of premium returns and the investment returns, in this case PRUsyariah is relatively smaller than conventional. 3). The implementation of the Prudential PRUlink Pamekasan hybrid contrac Unit Link in the perspective of Islamic economics can produce multiple legal interpretations between those who allow and those who do not.

A clear trend is evolving as more and more banks and other financial institutions are being successfully sued before the civil courts of the Netherlands for breaches of their special duty of care (‘bijzondere zorgplicht’). Whereas it was initially mainly banks that had reason to worry about claims for damages based on a breach of the special duty of care, other financial institutions too are now having to take the possibility of such claims very seriously. Another factor is that the special duty of care owed by financial institutions now seems to apply not only in their dealings with retail clients but also in relation to non-retail clients that need protection. The author discusses the main developments relating to the special duty of care, leading to a consideration of how things may evolve in the future. Banks, financial institutions, MiFID (Directive 2004/39/EC), MiFID II (Directive 2014/65/EU), conduct-of-business rules, duty of care, product governance, product intervention, mistake, error, contract law, tort law, Dutch Civil Code, Unfair Contract Terms Directive (Directive 93/13/EEC), nudging, FinTech, sustainable finance, mass damage

As social beings, social relations are fundamental and inseparable. Social interaction that has many differences requires the existence of a specific guidance or law adopted by the community. The law is for the sake of realizing a sense of security and assured in establishing community relations, as well as to realize a good social relationship, harmonious and without having to harm others. A specific form of guidance in society is the agreement. Indonesia has three sub-systems of law that are broadly divided into namely western law, customary law, and Islamic law. The procurement of agreements in order to increase security and certainty is already inevitable in the modern era, which is rapidly growing as it is today. Therefore, before entering into an agreement, it is necessary to comply with all conditions of the validity of the agreement in order for the agreement to become valid as a law so that the purpose of the agreement can be reached. One of the terms of the validity of the treaty that is "lawful cause" is an important thing to be studied deeply by the parties who make the contract because of the difference of the legal system in its environment (Indonesia) is mainly the conventional agreement system which is used as the standard of legislation in Indonesia and the system Islamic agreement or sharia that is used as the guidance of the majority of Indonesian people who are Muslims, so that there are no things that do not want inflicted in the future

Significant judgments were also made in relation to insurance in 2021. The Supreme Court suggested that if a medical opinion is submitted as evidence, it cannot be denied arbitrarily, and if the court wants to infer a causal relationship differently from such a medical opinion, it should make a careful judgment based on other medical and professional data. However, this position is difficult to accept. This is mainly because the attending physician makes the decision, because it is difficult to guarantee the objectivity of the attending physician’s opinion. Another thing that draws attention is whether the civil prescription of 10 years is applied as the prescription for the right to claim the refund of unfair profits when the insurance contract is invalid or whether the prescription of 5 years is applied by analogy with Article 64 of the Commercial Act. Insurance money is paid by the insurer through commercial activities. Therefore, it is correct to think that the five-year prescription applies to expeditious processing of commercial transactions to claim the return of the insurance contract because it is invalid. Claiming the refund of the insurance money paid when the insurance contract is invalid is seeking the return of the benefits themselves made on the basis of the contract, which is a commercial activity. This is because it should be regarded as a case in which there is a need to solve the problem as quickly as possible. The Supreme Court ruled that a 10-year civil prescription applies to the right to claim the return of unfair profits due to illegal dividends. It is difficult to see that there is a great need to quickly confirm the exercise of the right to request the return of unreasonable profits for the purpose of recovering the amount paid due to illegal dividends. Accordingly, it is reasonable as the attitude of the Supreme Court to consider that the right to claim the return of unfair profits due to illegal dividends is subject to Article 162 (1) of the Civil Act and is subject to the civil statute of limitations of 10 years. Another important issue is whether the insurer is allowed to preemptively file a non-obligation lawsuit in the event of a dispute with the insurer as to whether the policyholder has violated the obligation to notify. It can be affirmed that if the strong insurer indiscriminately files a debt non-existence suit, the weak consumer is inferior in intellectual or economic ability, so there is a problem. However, the people’s right to a trial is recognized as a basic right under the Constitution (Article 27 Paragraph 1 of the Korean Constitution). Therefore, it is not permissible to fundamentally prevent the insurer from taking a preemptive action for non-obligation. However, it should be considered permissible to stipulate that financial business operators, such as insurers, are not permitted to file lawsuits again by limiting certain amounts in the relevant special laws, such as the Financial Consumer Protection Act, by recognizing one-sided binding force on the results of dispute mediation. I think it is reasonable to set the standard of 10 million won as the standard. The role of precedents in the field of insurance law is very large. It is necessary to continuously monitor Supreme Court precedents in the future.

The scientific article is devoted to the analysis of problematic issues related to the donation agreement for the future. Despite the fact that the topic of the gift agreement is quite common and sufficiently disclosed in scientific articles, textbooks, manuals and monographs, problematic aspects of the gift agreement with the obligation to transfer the gift in the future is still not given due attention. Due to the lack of interest in this type of contract, there is a small amount of research that is not able to fully disclose its content. It is established that the basis for the existence of the donation agreement for the future was the enshrinement in the Civil Code of Ukraine of the possibility of consensus of the donation agreement itself. The paper indicates possible options for the transfer of the thing in the future, as well as the essential conditions, the violation of which entails the invalidity of this type of contract. In addition, much attention is paid to the features of the gift agreement with the obligation to transfer the gift in the future, which are not enshrined in law, but they can be easily identified by analyzing scientific papers and articles of the Civil Code of Ukraine on donations. This article considers such a feature of the contract of gift for the future as its gratuitousness, which is characterized by its imperative. Occasionally, the connection of gratuitousness with the reasons and motives of the gift is determined, because the donor, concluding this type of contract may express some gratitude to the person, seek to provide him with financial assistance, or encourage the person to take beneficial actions. That is why much attention is paid to the study of practical cases related to reciprocal satisfaction, which goes beyond the contract of gift for the future. In addition, the motives for such actions and the real threats that may be faced by the gifted. The next, related to the problematic aspects of the contract of donation for the future, is the considered feature of the property of the alienated property. It also analyzes the possibility of donating a thing that the donor does not yet own. The scientific work argues the refusal to perform the contract on condition of loss of the thing, its withdrawal from circulation, as well as the refusal of the gifted person to accept the gift. At the same time, the rights of the donor and the gifted are considered, in case of death of one of them after the relevant term, term, adjournment, but until the actual transfer or acceptance of the gift, outlines the difference between the gift agreement and the will. The results of the article emphasize the need for further elaboration and more thorough study of the problematic issues of the donation agreement for the future, as well as the improvement of civil legislation in this area.

Problem statement. The absence in the current legislation of a direct solution to the question of the place of the contract on participation in shared construction in the system of civil law contracts creates prerequisites for different approaches to the legal qualification of this contract in the doctrine and judicial arbitration practice, the predominant of which is the qualification of it as a contract of sale of a future thing. Goals and Objectives of the study. Identification of individual problems of protecting the right to proper quality of a shared-equity construction object that arise when qualifying a contract of participation in shared-equity construction as the sale of a future thing, the formation of proposals to overcome them. Investigation of the procedural features of the protection of the right to proper quality of the common property of an apartment building as an element of the subject of the contract. Research methods. Dialectical, analysis, synthesis, comparative-legal, formal-legal, linguistic. Results. Brief conclusions. It is concluded that there are grounds for qualifying a shared construction contract as a named sui generis contract, which opens up the possibility of legal assurance of the quality of the work result before their completion, thereby creating additional guarantees for the protection of the rights of a participant in shared construction. The necessity of applying the construction of an indirect class action in the protection of the right to the proper quality of the common property of an apartment building is justified.

<p align="center"><strong>ABSTRAK</strong></p><p align="center"><strong> </strong></p><p> Bank merupakan lembaga perantara keuangan masyarakat <em>(financial intermediary)</em>, bank menjadi media perantara pihak – pihak yang memiliki kelebihan dana <em>(surplus of fouds)</em>. Perbankan syari’ah di kenal dengan akad Mudharabaha sebagai akad yang dilakukan antara pemilik modal dengan pengelola dimana keuntungan disepakati di awal untuk dibagi bersama dan kerugian ditanggung oleh pemilik modal diterapkan bank syari’ah ke dalam produk penyaluran dana berupa pembiayaan mudharabah. Problematika timbul dengan adanya agunan atau jaminan dalam pembiayaan akad mudharabah, hal ini karena ada nya perbedaan pendapat antar ulama.</p><p> Berdasarkan pada latar belakang diatas, penulis merumuskan tujuan penulisan, yaitu untuk mengetahui penerapan akad mudharabah di Bank Tabungan Negara Syari’ah Kantor Cabang Semarang dan untuk mengetahui reformulasi akad mudharabah yang ideal untuk diterapkan oleh perhbankan syari’ah yng sesuai dengan UU No. 21 Tahun 2008 tentang perbankan syari’ah. Metode pendekatan yang digunakan dalam penelitian ini adalah pendekatan yuridis sosiologis. Spesifikasi penelitian ini bersifat analisis, yang diharapkan mampu memberikan gambaran secara rinci, sistematis dan menyeluruh mengenai segala hal yang berhubungan dengan objek yang akan diteliti. Data yang digunakan dalam penelitian ini adalah data primner dan data sekunder, yaitu data yang diperoleh melalui wawancara dan bahan – bahan pustaka yang dikumpulkan melalui data kepustakaan, yang kemudian dianalisis secara kualitatif.</p><p> Kesimpulan dari penelitian ini adalah bahwa penerapan akad mudharabah di Bank Tabungan Negara Syari’ah Kantor Cabang Semarang yaitu berupa tabungan mudharabah dan pembiayan mudharabah, dalam pelaksanaan simpanan atau tabungan berjalan dengan baik, sedangkan skema pembiayaan mudharabah masih diperuntukan bagi perusahaan yang berbadan hukum seperti PT, CV, Koperasi, BMT dan perusahaan swasta yang bonafid. Selain itu dalam memberikan pembiayaan mudharabah mengharuskan adanya agunan atau jaminan sebagai upaya untuk mengantisipasi hal – hal yang tidak diinginkan dikemudian hari.</p><p align="center"><strong><em>ABSTRACT</em></strong></p><p><em>The Bank is a financial intermediary institution, it is the mediator of the parties with surplus of funds. Syari'ah banking is known as Mudharabaha contract as a contract between the owner of capital and the manager where the profit is agreed at the beginning to be shared and the loss is borne by the owner of the capital applied to the syari'ah bank in the distribution of funds in the form of mudharabah financing. The problems arise with the existence of collateral or guarantee in financing mudharabah agreement, this is because there are differences of opinion among scholars.</em></p><p><em>Based on the above background, the authors formulated the purpose of this paper, namely to determine the application of mudharabah contracts in the Bank Tabungan Negara Syari'ah Branch Office of Semarang and to determine the ideal mudharabah contract formula to be applied by the syari'ah banking in accordance with Law no. 21 Year 2008 on syari'ah banking. The approach method used in this research was the sociological juridical approach. The specification of this study is analytical, which was expected to provide a detailed, systematic and comprehensive description of all matters relating to the object to be studied. The data used in this study were primary and secondary data, namely data obtained through interviews and library materials collected through library data, which then analyzed qualitatively.</em></p><p><em>The conclusion of this research is that the application of mudharabah contract in Bank Tabungan Negara Syari'ah Semarang Branch Office is in the form of mudharabah saving and mudharabah financing, in the implementation of saving goes well, while the mudharabah financing scheme is still intended for companies with legal status such as PT, CV, Cooperative, BMT and bona fide private company. In addition, in providing mudharabah financing requires the existence of collateral or security in an effort to anticipate things that are not desirable in the future.</em></p>

L'expression « contrat portant sur une chose future » signifie que les contractants peuvent valablement stipuler que la chose due sera future ; ils peuvent ainsi contracter sur une chose corporelle ou incorporelle qui n'existe pas encore, du moins dans son entièreté. Depuis la vente romaine de chose future, les contrats portant sur une chose future se sont diversifiés. La pratique de ces contrats est devenue courante en raison de leur importance économique. Prenant la mesure de cette diversité et de cette richesse, la réflexion sur le contrat portant sur une chose future a été envisagée sous le propos de théorie générale.Les contrats portant sur une chose future sont des figures familières sans que l'on les remarque forcément. Il convenait de les identifier dans un premier temps. Ce qui les caractérise et que l'on voit rapidement est que, chacun de ces contrats suppose une chose future qui en constitue l'objet ; la présente étude en propose une définition claire et distincte. Ce que l'on perçoit peut-être moins à l'analyse de ces contrats et qui, pourtant, leur est caractéristique, est qu'ils sont toujours des contrats commutatifs et non des contrats aléatoires. Ce trait montre que la théorie romaine de la vente de chose future, telle qu'elle a été toujours présentée, doit être utilisée aujourd'hui avec beaucoup de précautions pour expliquer tout le mécanisme du contrat portant sur une chose future.L'identification du contrat portant sur une chose future s'est poursuivie avec une référence à l'anticipation. Celle-ci est une explication doctrinale de l'article 1130 ancien, alinéa 1er, du Code civil qui disposait : « L'obligation peut avoir pour objet une chose future. » Elle explique aujourd'hui encore, après la réforme du droit des contrats, le nouvel article 1163, alinéa 1er. Ces trois références ou critères (la chose future, l'absence d'aléa et l'anticipation) ont permis d'identifier, d'un côté, les contrats spéciaux portant sur une chose future et, de l'autre côté, les sûretés conventionnelles portant sur une chose future.Après identification des divers contrats portant sur une chose future, il importait d'étudier leur régime juridique dans un second temps. Le contrat portant sur une chose future se distingue par deux règles communes et spécifiques : d'abord la naissance à la charge du débiteur d'une obligation préalable de faire consistant à faire advenir la chose promise en participant à sa création ou en exécutant un autre contrat ; et ensuite, la naissance au profit du créancier d'un droit éventuel, qui est le droit pur et simple en germe. En outre, la plupart des développements sur la validité et sur l'inexécution du contrat portant sur une chose future relèvent du droit commun du contrat. Les problématiques abordées n’ont pas permis de relever des spécificités tenant à l'aspect chose future, objet de la prestation.Sur le plan de la notion et du régime, il y a au total cinq critères et règles communs sur lesquels on peut s'appuyer pour parler de théorie générale du contrat portant sur une chose future
The expression "contract relating to a future thing" means that the contracting parties may validly stipulate that the thing due will be future; they may thus contract on a tangible or intangible thing that does not yet exist, at least in its entirety. Since the Roman sale of a future thing, contracts relating to a future thing have diversified. The practice of these contracts has become commonplace because of their economic importance. Taking the measure of this diversity and richness, reflection on the contract for a future thing has been considered under the heading of general theory. Contracts relating to a future thing are familiar figures without necessarily being noticed. It was necessary to identify them first of all. What characterizes them, and what is quickly apparent, is that each of these contracts presupposes a future thing which constitutes their object; this study proposes a clear and distinct definition of them. What is perhaps less obvious from an analysis of these contracts, and yet characteristic of them, is that they are always commutative contracts and not random contracts. This feature shows that the Roman theory of the sale of a future thing, as it has always been presented, must be used today with great care to explain the whole mechanism of the contract for a future thing. The identification of the contract relating to a future thing continued with a reference to anticipation. This is a doctrinal explanation of former article 1130, paragraph 1, of the Civil Code, which provided: "The subject-matter of an obligation may be a future thing". It explains even today, after the reform of the law of contract, the new article 1163, paragraph 1. These three references or criteria (the future thing, the absence of contingency and anticipation) have made it possible to identify, on the one hand, special contracts relating to a future thing and, on the other hand, contractual securities relating to a future thing. Once the various contracts relating to a future thing had been identified, it was important to study their legal regime in a second stage. A contract relating to a future thing is distinguished by two common and specific rules: first, the debtor is under a prior obligation to do something which consists in making the promised thing happen by participating in its creation or by executing another contract; and second, the creditor has a possible right, which is the pure and simple right in germ, in favour of the creditor. Moreover, most of the developments on the validity and non-performance of a contract relating to a future thing fall under the general law of contract. The problems discussed did not make it possible to identify any specific features relating to the aspect of the future thing, the object of the service.In terms of the concept and the regime, there are a total of five common criteria and rules on which to base a general theory of the contract relating to a thing in the future

It is a common charge that treaties, perhaps especially recent treaties relating to economic activity, provide unreasonable restrictions on the sovereignty of the state parties. When a tribunal judging a dispute on an economic treaty tells a state that it may no longer make decisions such as to accept or reject genetically modified foods, allow internet gambling, or produce generic drugs, the citizens of the state may rightfully think they have lost important aspects of sovereignty to bodies that do not have legitimate authority to govern. This, in turn, makes negotiating treaties, despite their obvious value, much harder than it otherwise would be, leading to decreased cooperation and the forgoing of potentially significant gain. This chapter argues that these worries may be dealt with by importing certain ideas from contract theory and using them to interpret treaties. Contracts have the seemingly paradoxical ability to increase the autonomy of the signers by allowing them to bind themselves to perform certain future actions. But, the ability of contracts to perform this function would be greatly reduced if the only possible remedy for breach were specific performance. Yet, an analogous approach to treaties is common among many important theorists of international law, who demand the equivalence of specific performance in the case of treaties. This chapter will show how importing ideas from contract law can help ensure that treaties, especially economic treaties, are sovereignty-enhancing for states in a way that is similar to the way that contracts may be autonomy-enhancing for individuals.

Many discussions of future generations attempt to identify a satisfactory population axiology: a principle that would enable us to assess the relative value of total states of affairs that differ in population-related respects. Such an axiology would in turn supply the basis for a principle of beneficence, which would spell out our responsibilities for promoting optimal population outcomes. By contrast, the approach defended in this book is predominantly attachment-based. The reasons for caring about the fate of future generations discussed in previous chapters all depend on our existing values and evaluative attachments and on our conservative disposition to preserve and sustain the things that we value. This chapter appeals to the nature of valuing to clarify these forms of dependence, and it explores the contrast between the axiological and attachment-based approaches.

A definitive contemporary political, economic, and cultural history from a leading international expert, this is the first single-volume work to survey and analyze Soviet and post-Soviet Ukrainian history since 1953 as the basis for understanding the nation today. Ukraine dominated international headlines as the Euromaidan protests engulfed Ukraine in 2013–2014 and Russia invaded the Crimea and the Donbas, igniting a new Cold War. Written from an insider's perspective by the leading expert on Ukraine, this book analyzes key domestic and external developments and provides an understanding as to why the nation's future is central to European security. In contrast with traditional books that survey a millennium of Ukrainian history, author Taras Kuzio provides a contemporary perspective that integrates the late Soviet and post-Soviet eras. The book begins in 1953 when Soviet leader Joseph Stalin died during the Cold War and carries the story to the present day, showing the roots of a complicated transition from communism and the weight of history on its relations with Russia. It then goes on to examine in depth key aspects of Soviet and post-Soviet Ukrainian politics; the drive to independence, Orange Revolution, and Euromaidan protests; national identity; regionalism and separatism; economics; oligarchs; rule of law and corruption; and foreign and military policies. Moving away from a traditional dichotomy of "good pro-Western" and "bad pro-Russian" politicians, this volume presents an original framework for understanding Ukraine's history as a series of historic cycles that represent a competition between mutually exclusive and multiple identities. Regionally diverse contemporary Ukraine is an outgrowth of multiple historical Austrian-Hungarian, Polish, Russian, and especially Soviet legacies, and the book succinctly integrates these influences with post-Soviet Ukraine, determining the manner in which political and business elites and everyday Ukrainians think, act, operate, and relate to the outside world.

This commentary focuses on Article 2.1.14 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning contracts with terms deliberately left open. Art 2.1.14 permits the contract to have effect notwithstanding the fact that particular terms have been left open for future agreement. If the parties intend to conclude a contract, the fact that they intentionally leave a term to be agreed upon in further negotiations or to be determined by a third person does not prevent a contract from coming into existence. This commentary discusses present intention to be bound despite open terms, resolving disputes on open terms, and burden of proof relating to disputes over the existence of a contract despite open terms.

Nationalism: Past as Prologue began as a single volume being compiled by Ad Akande, a scholar from South Africa, who proposed it to me as co-author about two years ago. The original idea was to examine how the damaging roots of nationalism have been corroding political systems around the world, and creating dangerous obstacles for necessary international cooperation. Since I (Bruce E. Johansen) has written profusely about climate change (global warming, a.k.a. infrared forcing), I suggested a concerted effort in that direction. This is a worldwide existential threat that affects every living thing on Earth. It often compounds upon itself, so delays in reducing emissions of fossil fuels are shortening the amount of time remaining to eliminate the use of fossil fuels to preserve a livable planet. Nationalism often impedes solutions to this problem (among many others), as nations place their singular needs above the common good. Our initial proposal got around, and abstracts on many subjects arrived. Within a few weeks, we had enough good material for a 100,000-word book. The book then fattened to two moderate volumes and then to four two very hefty tomes. We tried several different titles as good submissions swelled. We also discovered that our best contributors were experts in their fields, which ranged the world. We settled on three stand-alone books:” 1/ nationalism and racial justice. Our first volume grew as the growth of Black Lives Matter following the brutal killing of George Floyd ignited protests over police brutality and other issues during 2020, following the police assassination of Floyd in Minneapolis. It is estimated that more people took part in protests of police brutality during the summer of 2020 than any other series of marches in United States history. This includes upheavals during the 1960s over racial issues and against the war in Southeast Asia (notably Vietnam). We choose a volume on racism because it is one of nationalism’s main motive forces. This volume provides a worldwide array of work on nationalism’s growth in various countries, usually by authors residing in them, or in the United States with ethnic ties to the nation being examined, often recent immigrants to the United States from them. Our roster of contributors comprises a small United Nations of insightful, well-written research and commentary from Indonesia, New Zealand, Australia, China, India, South Africa, France, Portugal, Estonia, Hungary, Russia, Poland, Kazakhstan, Georgia, and the United States. Volume 2 (this one) describes and analyzes nationalism, by country, around the world, except for the United States; and 3/material directly related to President Donald Trump, and the United States. The first volume is under consideration at the Texas A & M University Press. The other two are under contract to Nova Science Publishers (which includes social sciences). These three volumes may be used individually or as a set. Environmental material is taken up in appropriate places in each of the three books. * * * * * What became the United States of America has been strongly nationalist since the English of present-day Massachusetts and Jamestown first hit North America’s eastern shores. The country propelled itself across North America with the self-serving ideology of “manifest destiny” for four centuries before Donald Trump came along. Anyone who believes that a Trumpian affection for deportation of “illegals” is a new thing ought to take a look at immigration and deportation statistics in Adam Goodman’s The Deportation Machine: America’s Long History of Deporting Immigrants (Princeton University Press, 2020). Between 1920 and 2018, the United States deported 56.3 million people, compared with 51.7 million who were granted legal immigration status during the same dates. Nearly nine of ten deportees were Mexican (Nolan, 2020, 83). This kind of nationalism, has become an assassin of democracy as well as an impediment to solving global problems. Paul Krugman wrote in the New York Times (2019:A-25): that “In their 2018 book, How Democracies Die, the political scientists Steven Levitsky and Daniel Ziblatt documented how this process has played out in many countries, from Vladimir Putin’s Russia, to Recep Erdogan’s Turkey, to Viktor Orban’s Hungary. Add to these India’s Narendra Modi, China’s Xi Jinping, and the United States’ Donald Trump, among others. Bit by bit, the guardrails of democracy have been torn down, as institutions meant to serve the public became tools of ruling parties and self-serving ideologies, weaponized to punish and intimidate opposition parties’ opponents. On paper, these countries are still democracies; in practice, they have become one-party regimes….And it’s happening here [the United States] as we speak. If you are not worried about the future of American democracy, you aren’t paying attention” (Krugmam, 2019, A-25). We are reminded continuously that the late Carl Sagan, one of our most insightful scientific public intellectuals, had an interesting theory about highly developed civilizations. Given the number of stars and planets that must exist in the vast reaches of the universe, he said, there must be other highly developed and organized forms of life. Distance may keep us from making physical contact, but Sagan said that another reason we may never be on speaking terms with another intelligent race is (judging from our own example) could be their penchant for destroying themselves in relatively short order after reaching technological complexity. This book’s chapters, introduction, and conclusion examine the worldwide rise of partisan nationalism and the damage it has wrought on the worldwide pursuit of solutions for issues requiring worldwide scope, such scientific co-operation public health and others, mixing analysis of both. We use both historical description and analysis. This analysis concludes with a description of why we must avoid the isolating nature of nationalism that isolates people and encourages separation if we are to deal with issues of world-wide concern, and to maintain a sustainable, survivable Earth, placing the dominant political movement of our time against the Earth’s existential crises. Our contributors, all experts in their fields, each have assumed responsibility for a country, or two if they are related. This work entwines themes of worldwide concern with the political growth of nationalism because leaders with such a worldview are disinclined to co-operate internationally at a time when nations must find ways to solve common problems, such as the climate crisis. Inability to cooperate at this stage may doom everyone, eventually, to an overheated, stormy future plagued by droughts and deluges portending shortages of food and other essential commodities, meanwhile destroying large coastal urban areas because of rising sea levels. Future historians may look back at our time and wonder why as well as how our world succumbed to isolating nationalism at a time when time was so short for cooperative intervention which is crucial for survival of a sustainable earth. Pride in language and culture is salubrious to individuals’ sense of history and identity. Excess nationalism that prevents international co-operation on harmful worldwide maladies is quite another. As Pope Francis has pointed out: For all of our connectivity due to expansion of social media, ability to communicate can breed contempt as well as mutual trust. “For all our hyper-connectivity,” said Francis, “We witnessed a fragmentation that made it more difficult to resolve problems that affect us all” (Horowitz, 2020, A-12). The pope’s encyclical, titled “Brothers All,” also said: “The forces of myopic, extremist, resentful, and aggressive nationalism are on the rise.” The pope’s document also advocates support for migrants, as well as resistance to nationalist and tribal populism. Francis broadened his critique to the role of market capitalism, as well as nationalism has failed the peoples of the world when they need co-operation and solidarity in the face of the world-wide corona virus pandemic. Humankind needs to unite into “a new sense of the human family [Fratelli Tutti, “Brothers All”], that rejects war at all costs” (Pope, 2020, 6-A). Our journey takes us first to Russia, with the able eye and honed expertise of Richard D. Anderson, Jr. who teaches as UCLA and publishes on the subject of his chapter: “Putin, Russian identity, and Russia’s conduct at home and abroad.” Readers should find Dr. Anderson’s analysis fascinating because Vladimir Putin, the singular leader of Russian foreign and domestic policy these days (and perhaps for the rest of his life, given how malleable Russia’s Constitution has become) may be a short man physically, but has high ambitions. One of these involves restoring the old Russian (and Soviet) empire, which would involve re-subjugating a number of nations that broke off as the old order dissolved about 30 years ago. President (shall we say czar?) Putin also has international ambitions, notably by destabilizing the United States, where election meddling has become a specialty. The sight of Putin and U.S. president Donald Trump, two very rich men (Putin $70-$200 billion; Trump $2.5 billion), nuzzling in friendship would probably set Thomas Jefferson and Vladimir Lenin spinning in their graves. The road of history can take some unanticipated twists and turns. Consider Poland, from which we have an expert native analysis in chapter 2, Bartosz Hlebowicz, who is a Polish anthropologist and journalist. His piece is titled “Lawless and Unjust: How to Quickly Make Your Own Country a Puppet State Run by a Group of Hoodlums – the Hopeless Case of Poland (2015–2020).” When I visited Poland to teach and lecture twice between 2006 and 2008, most people seemed to be walking on air induced by freedom to conduct their own affairs to an unusual degree for a state usually squeezed between nationalists in Germany and Russia. What did the Poles then do in a couple of decades? Read Hlebowicz’ chapter and decide. It certainly isn’t soft-bellied liberalism. In Chapter 3, with Bruce E. Johansen, we visit China’s western provinces, the lands of Tibet as well as the Uighurs and other Muslims in the Xinjiang region, who would most assuredly resent being characterized as being possessed by the Chinese of the Han to the east. As a student of Native American history, I had never before thought of the Tibetans and Uighurs as Native peoples struggling against the Independence-minded peoples of a land that is called an adjunct of China on most of our maps. The random act of sitting next to a young woman on an Air India flight out of Hyderabad, bound for New Delhi taught me that the Tibetans had something to share with the Lakota, the Iroquois, and hundreds of other Native American states and nations in North America. Active resistance to Chinese rule lasted into the mid-nineteenth century, and continues today in a subversive manner, even in song, as I learned in 2018 when I acted as a foreign adjudicator on a Ph.D. dissertation by a Tibetan student at the University of Madras (in what is now in a city called Chennai), in southwestern India on resistance in song during Tibet’s recent history. Tibet is one of very few places on Earth where a young dissident can get shot to death for singing a song that troubles China’s Quest for Lebensraum. The situation in Xinjiang region, where close to a million Muslims have been interned in “reeducation” camps surrounded with brick walls and barbed wire. They sing, too. Come with us and hear the music. Back to Europe now, in Chapter 4, to Portugal and Spain, we find a break in the general pattern of nationalism. Portugal has been more progressive governmentally than most. Spain varies from a liberal majority to military coups, a pattern which has been exported to Latin America. A situation such as this can make use of the term “populism” problematic, because general usage in our time usually ties the word into a right-wing connotative straightjacket. “Populism” can be used to describe progressive (left-wing) insurgencies as well. José Pinto, who is native to Portugal and also researches and writes in Spanish as well as English, in “Populism in Portugal and Spain: a Real Neighbourhood?” provides insight into these historical paradoxes. Hungary shares some historical inclinations with Poland (above). Both emerged from Soviet dominance in an air of developing freedom and multicultural diversity after the Berlin Wall fell and the Soviet Union collapsed. Then, gradually at first, right wing-forces began to tighten up, stripping structures supporting popular freedom, from the courts, mass media, and other institutions. In Chapter 5, Bernard Tamas, in “From Youth Movement to Right-Liberal Wing Authoritarianism: The Rise of Fidesz and the Decline of Hungarian Democracy” puts the renewed growth of political and social repression into a context of worldwide nationalism. Tamas, an associate professor of political science at Valdosta State University, has been a postdoctoral fellow at Harvard University and a Fulbright scholar at the Central European University in Budapest, Hungary. His books include From Dissident to Party Politics: The Struggle for Democracy in Post-Communist Hungary (2007). Bear in mind that not everyone shares Orbán’s vision of what will make this nation great, again. On graffiti-covered walls in Budapest, Runes (traditional Hungarian script) has been found that read “Orbán is a motherfucker” (Mikanowski, 2019, 58). Also in Europe, in Chapter 6, Professor Ronan Le Coadic, of the University of Rennes, Rennes, France, in “Is There a Revival of French Nationalism?” Stating this title in the form of a question is quite appropriate because France’s nationalistic shift has built and ebbed several times during the last few decades. For a time after 2000, it came close to assuming the role of a substantial minority, only to ebb after that. In 2017, the candidate of the National Front reached the second round of the French presidential election. This was the second time this nationalist party reached the second round of the presidential election in the history of the Fifth Republic. In 2002, however, Jean-Marie Le Pen had only obtained 17.79% of the votes, while fifteen years later his daughter, Marine Le Pen, almost doubled her father's record, reaching 33.90% of the votes cast. Moreover, in the 2019 European elections, re-named Rassemblement National obtained the largest number of votes of all French political formations and can therefore boast of being "the leading party in France.” The brutality of oppressive nationalism may be expressed in personal relationships, such as child abuse. While Indonesia and Aotearoa [the Maoris’ name for New Zealand] hold very different ranks in the United Nations Human Development Programme assessments, where Indonesia is classified as a medium development country and Aotearoa New Zealand as a very high development country. In Chapter 7, “Domestic Violence Against Women in Indonesia and Aotearoa New Zealand: Making Sense of Differences and Similarities” co-authors, in Chapter 8, Mandy Morgan and Dr. Elli N. Hayati, from New Zealand and Indonesia respectively, found that despite their socio-economic differences, one in three women in each country experience physical or sexual intimate partner violence over their lifetime. In this chapter ther authors aim to deepen understandings of domestic violence through discussion of the socio-economic and demographic characteristics of theit countries to address domestic violence alongside studies of women’s attitudes to gender norms and experiences of intimate partner violence. One of the most surprising and upsetting scholarly journeys that a North American student may take involves Adolf Hitler’s comments on oppression of American Indians and Blacks as he imagined the construction of the Nazi state, a genesis of nationalism that is all but unknown in the United States of America, traced in this volume (Chapter 8) by co-editor Johansen. Beginning in Mein Kampf, during the 1920s, Hitler explicitly used the westward expansion of the United States across North America as a model and justification for Nazi conquest and anticipated colonization by Germans of what the Nazis called the “wild East” – the Slavic nations of Poland, the Baltic states, Ukraine, and Russia, most of which were under control of the Soviet Union. The Volga River (in Russia) was styled by Hitler as the Germans’ Mississippi, and covered wagons were readied for the German “manifest destiny” of imprisoning, eradicating, and replacing peoples the Nazis deemed inferior, all with direct references to events in North America during the previous century. At the same time, with no sense of contradiction, the Nazis partook of a long-standing German romanticism of Native Americans. One of Goebbels’ less propitious schemes was to confer honorary Aryan status on Native American tribes, in the hope that they would rise up against their oppressors. U.S. racial attitudes were “evidence [to the Nazis] that America was evolving in the right direction, despite its specious rhetoric about equality.” Ming Xie, originally from Beijing, in the People’s Republic of China, in Chapter 9, “News Coverage and Public Perceptions of the Social Credit System in China,” writes that The State Council of China in 2014 announced “that a nationwide social credit system would be established” in China. “Under this system, individuals, private companies, social organizations, and governmental agencies are assigned a score which will be calculated based on their trustworthiness and daily actions such as transaction history, professional conduct, obedience to law, corruption, tax evasion, and academic plagiarism.” The “nationalism” in this case is that of the state over the individual. China has 1.4 billion people; this system takes their measure for the purpose of state control. Once fully operational, control will be more subtle. People who are subject to it, through modern technology (most often smart phones) will prompt many people to self-censor. Orwell, modernized, might write: “Your smart phone is watching you.” Ming Xie holds two Ph.Ds, one in Public Administration from University of Nebraska at Omaha and another in Cultural Anthropology from the Chinese Academy of Social Sciences, Beijing, where she also worked for more than 10 years at a national think tank in the same institution. While there she summarized news from non-Chinese sources for senior members of the Chinese Communist Party. Ming is presently an assistant professor at the Department of Political Science and Criminal Justice, West Texas A&M University. In Chapter 10, analyzing native peoples and nationhood, Barbara Alice Mann, Professor of Honours at the University of Toledo, in “Divide, et Impera: The Self-Genocide Game” details ways in which European-American invaders deprive the conquered of their sense of nationhood as part of a subjugation system that amounts to genocide, rubbing out their languages and cultures -- and ultimately forcing the native peoples to assimilate on their own, for survival in a culture that is foreign to them. Mann is one of Native American Studies’ most acute critics of conquests’ contradictions, and an author who retrieves Native history with a powerful sense of voice and purpose, having authored roughly a dozen books and numerous book chapters, among many other works, who has traveled around the world lecturing and publishing on many subjects. Nalanda Roy and S. Mae Pedron in Chapter 11, “Understanding the Face of Humanity: The Rohingya Genocide.” describe one of the largest forced migrations in the history of the human race, the removal of 700,000 to 800,000 Muslims from Buddhist Myanmar to Bangladesh, which itself is already one of the most crowded and impoverished nations on Earth. With about 150 million people packed into an area the size of Nebraska and Iowa (population less than a tenth that of Bangladesh, a country that is losing land steadily to rising sea levels and erosion of the Ganges river delta. The Rohingyas’ refugee camp has been squeezed onto a gigantic, eroding, muddy slope that contains nearly no vegetation. However, Bangladesh is majority Muslim, so while the Rohingya may starve, they won’t be shot to death by marauding armies. Both authors of this exquisite (and excruciating) account teach at Georgia Southern University in Savannah, Georgia, Roy as an associate professor of International Studies and Asian politics, and Pedron as a graduate student; Roy originally hails from very eastern India, close to both Myanmar and Bangladesh, so he has special insight into the context of one of the most brutal genocides of our time, or any other. This is our case describing the problems that nationalism has and will pose for the sustainability of the Earth as our little blue-and-green orb becomes more crowded over time. The old ways, in which national arguments often end in devastating wars, are obsolete, given that the Earth and all the people, plants, and other animals that it sustains are faced with the existential threat of a climate crisis that within two centuries, more or less, will flood large parts of coastal cities, and endanger many species of plants and animals. To survive, we must listen to the Earth, and observe her travails, because they are increasingly our own.

AbstractJapan and Brazil have built a partnership not only in bilateral and multilateral framework but also in triangular cooperation. In recent years, the term FOIP (Free and Open Indo–Pacific) has been used as the philosophy of Japanese diplomacy. FOIP vision means to achieve peace, stability and prosperity in Asia and African region. Brazil itself is not a direct region for FOIP. But considering the African region is included in FOIP, and for Brazil, Africa is a continent historically and strategically important, Japan’s diplomatic concept, FOIP is not irrelevant to Brazil. To think about the future of Japan–Brazil relations, it is necessary to consider Japan’s African diplomacy in the era of FOIP in order to compare it with Brazil’s African diplomacy. In this article we will especially focus on the Portuguese-speaking African countries. The structure of the article is as follows. First, regarding Japan’s diplomacy with Africa, the philosophy and achievements of TICAD (Tokyo International Conference on African Development) started under the initiative of Japanese government since 1993 will be explained. In considering the future cooperation between Japan and Brazil in Africa, it is also necessary to understand Brazil’s African diplomacy. To that ends, the second part of the article will be the Brazilian diplomatic relations with Africa from the postwar period to the present day. In contrast to the active relations with Africa during the Lula governments, some major setbacks can be seen in the current Bolsonaro administration’s diplomatic relations with Africa. After the characteristics of Japan and Brazil’s diplomacy with Africa have been clarified, in the third part of this article, we will inquire the possibility of further cooperation of Japan and Brazil while looking back on the history and achievements of triangular cooperation between Japan–Brazil, and African countries, especially Mozambique. And we will put some comments as a concluding remark.

The conclusion of contracts was known in ancient times and is still relevant today. Shares that are not distributed in kind can cause certain difficulties that force the interested parties to decide on distribution.Joint ownership of inherited property received from a family member necessitates joint decision-making on its maintenance, ownership, use, and disposal, and it is difficult to achieve such a consensus on all issues. Therefore, quite often a certain period may pass from the acquisition of the right to a share in the joint property to its distribution, but due to conflicts regarding the use of the property or in the case of the need to receive funds or for other reasons, the joint property is divided by the co-owners. That is, the reasons may even be questions of how to use agricultural land, for example, to rent it out, sow it yourself, plant a garden, etc. However, the complexity of the division of land plots is because it is difficult to «divide» agricultural lands at least. After all, their intended use depends on the size, etc. Quite often, disputes also arise regarding the use of residential buildings, since the size and location of the rooms make their use impossible or difficult, as well as the distribution in kind according to the inherited shares. In other words, there is a certain «trading» of assets. If the situation is related to the distribution of a small plot of land where the house is located, then questions also arise regarding the establishment of an easement, as well as mutual concessions for the compensation of a part of the house in exchange for most of the land. In general, there are protracted negotiations, from the point of view of which these parties, who are still in a family relationship, agree on the division of property.Factors that can affect the outcome of property division include unique family circumstances, the specific nature of assets, and traditional legal practices. The parties will use different mechanisms for the division of joint assets: sale, donation, or exchange, under the terms of which they «trade» with the consent of others their rights as co-owners of jointly owned objects. The various evolutionary stages of the agreement on the division of property by the testator’s family culminate in the final stage of agreeing. The agreement on the division of inheritance is a complex legal process. Potentially, in a single transaction, the beneficiaries can choose and implement the division by sale, exchange, or donation. These different legal constructions reflect the uniqueness of the decisions in each agreement and to some extent demonstrate the specific legal practice of the individual Old Babylonian city-state and the particular circumstances of each family.However, in addition to the division of property, there are other agreements regarding the division of inheritance. For example, an agreement on quasi-partition upon adoption (quasi-adoption), an agreement on the division of residential property by the owner between its future beneficiaries.The need to conclude such agreements arises when an agreement on the division of property is required, which differs from such concepts as sale, donation, exchange, etc.Domestic scientists consider the agreement on the distribution of joint property very broadly and include other types of agreements in the list of such agreements, establishing that the agreement on changing the succession of the right to inheritance by law is atypical. It was determined that the contract under investigation belongs to contracts on the distribution of inheritance. Agreements on the distribution of inheritance are concluded in the field of inheritance, which indicates that they belong to inheritance agreements. It is proposed to supplement the existing classifications of civil law contracts by distinguishing a new type of civil law contracts – contracts in the law of inheritance on the level with the selection of a new type of inheritance contracts – contracts on the distribution of inheritance.» This is a bold hypothesis, but it is difficult to agree with it for various reasons, not least because the distribution of inheritance has been known since ancient times.The factor that the term «distribution» of inheritance and giving it a broad legal meaning is analyzed is an interesting author’s hypothesis. At the same time, according to our position, the term «distribution of inheritance» is more balanced, since in Art. 1278 of the Civil Code does not quite successfully use the term «division», when in the content of this norm it is about the equality of shares in the inheritance and the allocation of a share in kind, and not about division. However, in Part 1 of Art. 1280 of the Civil Code, the term «distribution» is used with a direct meaning and «redistribution» as an opportunity to review the results of the distribution under new circumstances – in the case of acceptance of the inheritance by other heirs. In essence, the obvious meaning of the term «distribution» follows from this norm as the initial determination of the ownership of the share of each of the heirs. In this sense, the redistribution of the inheritance should be connected with the possible introduction of changes to the previously made distribution, that is, in this case, we do not limit the number of subsequent redistributions of the inheritance. This hypothesis is related to the fact that the number of heirs who missed the deadline for valid reasons is not limited by legislation and cannot be limited, but is determined by various legal circumstances.Therefore, it is hardly expedient and possible, to apply in Art. 1280 of the Civil Code, the concept of «distribution» should be given a wider meaning than it has in the Civil Code, as this would lead to its ambiguous perception and application both in theory and in legislation and practice. Usually, theoretical terms should be distinguished by being original and should accurately reflect the legal meaning of actions, events, or conditions.But an important element of the procedure for the distribution of common inheritance property or its redistribution are the subjects who must fix the relevant agreement or carry out such distribution according to their conviction.It is indicated that the practice of concluding contracts by the living owner with his future heirs is widespread in foreign countries. At the same time, German experts equate inheritance with what they consider to be contractual inheritance.It should be noted that the practice of concluding contracts on the distribution of inheritance in the practice of the Ukrainian notary is relatively new and does not have clear boundaries in regulation, which complicates the activity of notaries in certifying such contracts. There are several difficulties in the application of relevant legal norms in practice, as there is a lack of understanding of the legal nature and essence of the conclusion of contracts, the term of conclusion, and the procedure for notarization.The opinions of individual authors are studied, about legal relations regarding the division of inheritance characterized by a weak state policy, this obliges the participants of such relations to draw up the content of agreements on the division of inheritance independently. For agreements between heirs on the distribution of inheritance to be valid regulators of the relations of its participants (heirs), conditions (clauses) must be clarified and formulated, which will be disclosed with sufficient completeness and consistency of the content of the relevant agreement and the purpose of its conclusion.We do not agree with this point of view of the scientist regarding «weak state policy», since the Central Committee of Ukraine was not created by politicians or the Ministry of Justice of Ukraine, but by leading scientists of Ukraine. It is also difficult to agree with the statement that the lack of clear regulation of the terms of inheritance contracts «obliges the participants of such relationships to independently draw up the content of inheritance distribution contracts.» In Ukraine, some good notaries and lawyers can draw up high-quality contracts for the distribution of inheritance. Moreover, according to Art. 4 of the Law of Ukraine «On Notaries», notaries have the right to draw up relevant draft contracts. In our opinion, it is worth emphasizing here that this is a right, not a duty of a notary public. That is, the notary may not undertake the drafting of the relevant project, but this provision is positive for interested parties since the lack of experience in drafting original contracts will most likely lead to the drafting of a low-quality draft contract. Indeed, in this case, it is worth looking for an experienced notary who will be able to draw up a draft contract, but this will make it possible to prevent errors in its drafting with a high probability.Thus, the agreement on the distribution of inheritance enters into force if the parties reach an agreement in the proper form on all the essential terms of the agreement. The main essential condition for agreeing on the division of inheritance is the subject of the agreement. However, either party may consider this condition insufficient and propose to include additional conditions in the contract. In this case, these conditions become essential. In connection with the instability of the regulation of the content of contracts between heirs on the distribution of inheritance, it can be concluded that the inclusion of normal conditions in the contract is currently impossible. We believe that such a general scheme of perception of contract terms is not entirely rational, since how to perceive ordinary terms or essential terms of a contract quite often in practice depends on the judgments of the parties to the contract unless otherwise regulated by legislation. This issue can be approached more precisely if we take into account the possibility of interpreting transactions and contracts (Article 213 of the Civil Code).So, based on the essence of the process of concluding contracts, it should be taken into account that the notary who drafts the contract can edit it, therefore it is worth recognizing the right of the notary to interpret it, since according to Art. 5 of the Law of Ukraine «On Notaries», he is obliged to clarify the legal consequences that will arise for persons after his certification. It follows from this that the notary must be given the official right to interpret the contract upon its certification, then it will be clear that after its certification, the court can interpret the content of the contract. In this regard, Art. 213 of the Civil Code is proposed to be supplemented with a corresponding provision regarding the powers of the notary, namely: his duty to interpret the content of the deed or contract before and during its certification.The Inheritance Regulation, which envisages wide acceptance of the inheritance contract, is considered. It is noted that it is worth revising Ukrainian inheritance law in advance for compliance with European standards since after Ukraine accedes to the EU it will be necessary to inform all EU countries about what types of contracts in Ukraine will be related to the issuance of the European Certificate of Succession.This is also important for inheritance by law, because, in case of non-fulfillment of the terms of the lifetime maintenance (care) agreement and the inheritance agreement, they will have to be terminated or recognized as invalid or unfulfilled by the acquirer, so the property that was the subject of this agreement will be inherited by law. At the same time, if the terms of these agreements are fulfilled, the part of the property that belonged to the testator will not be inherited but will become the property of the acquirers.The process of accepting the inheritance is quite long, and the inheritance law allows for several agreements between the heirs, which can significantly affect the size of the inheritance shares and the real things in each share in the inheritance. Therefore, it is necessary to analyze the possibility of agreements between the heirs at different stages of accepting or not accepting the inheritance. From communication with one of the clients, the author learned that the notary unofficially advised the heirs to agree on the distribution of the inheritance, as well as for certain heirs to waive the right to inheritance, but to receive a proper share of the inheritance in household items. When the author was informed of all the circumstances of the inheritance case, it became clear that the notary could not solve the complex inheritance problem, since the inheritance took place based on a will and some heirs had the right to a mandatory share, as well as part of the property remained. So, in such a situation, it was necessary to solve an arithmetical and at the same time legal problem, the complexity of which was determined by the complex subject composition of numerous heirs. Therefore, the notary tried to simplify its solution by artificially «transforming» the heirs who have the right to a mandatory share into ordinary heirs who claim property that is not subject to recording in the certificate of the right to inheritance.A natural will was considered, when the testator bequeathed the specific property to each of the heirs, namely: a house to a daughter, a factory to one son, and a yacht to another let’s say. In such a case, the will of the testator is formulated in the Shodo of the objects of inheritance, so it is difficult to perceive the consequences of the refusal of one of the heirs to inherit, when the yacht will be divided into equal shares between the son and the daughter, because: firstly, the value of the factory and the house will be different, so someone from the testator gave the children a larger inheritance than the other. Secondly, in the case of the existence of a part of the inheritance not covered by the will, it can be assumed with a high degree of probability that the will of the testator was formulated about a certain property and nothing more. Therefore, in case of refusal of one of the heirs to inherit under the will, the property bequeathed to him should be considered as not covered by the will and should be inherited according to the law. That is, if the will of the testator regarding the entire property is revealed, it can be assumed that he thus intended to deprive one of the heirs of the right to inheritance.At the same time, the will must be interpreted not only by the heirs under the will but also by the heirs under the law, when its content concerns the right to a mandatory share in the inheritance, which belongs to the heirs under the law of the first rank, who due to incapacity have the right to claim it, as well as the recipients of the response. With a high degree of probability, it can be assumed that the inheritance, which consists of household items, will be divided even without a written agreement. However, the interpretation of a will, which concerns a substantial inheritance between a significant number of heirs, requires not only a written form of recording of agreements – a contract, but also, in our opinion, a notarial form that will allow recording the agreement more reliably, to explain to the parties to the contract the consequences of its conclusion. If all interested parties sign the agreement, and the notary recognizes it as legal, then it will be difficult to recognize it as illegal or invalid in the next one. Therefore, the agreement on the interpretation of the will, which will establish the specific rights of the heirs and their obligations regarding the coverage of the testator’s debts, is a rational form of specification of the terms of the inheritance, which will allow establishing the executor of the will, if he was not determined by the testator.We can assume with a high degree of probability that similar «simplified calculations» are made by other notaries, as well as directly by the heirs, and certain agreements are not necessary here.

COVID-19 has disturbed employment relationships. Twenty employers and 20 employees were interviewed to gain early insights into how the pandemic affected their psychological contract. Results suggested that both parties had divergent expectations of what each party should expect in the current scenario, and both reported intense, often negative, emotions about their current state. While no specific breaches of explicit promises were reported, employees reported violation of implicit beliefs relating to their needs for security. In addition, both parties' expectations differed about their future PC. Employees expected a deal that considers needs for security whereas employers emphasized business continuity by minimizing costs. Such incongruent current and future obligations between the parties suggest trust will be required to negotiate the employment relationship through the crisis. HRM practitioners will have a definite role to play by providing and initiating arrangements that will reconcile both parties' needs to ensure stable employment relationships for mutual benefits.

The museum is an inventive, globally and locally translated form, no longer anchored to its modern origins in Europe. Contemporary curatorial work, in these excessive times of decolonisation and globalisation, by engaging with discrepant temporalities—not resisting, or homogenising, their inescapable friction—has the potential to open up common-sense, ‘given’ histories. It does so under serious constraints—a push and pull of material forces and ideological legacies it cannot evade. This chapter explores the ‘times’ of the curator, both in terms of these times we live in, in which curatorial theory and practice seems to be ever-present, and a sense of the curator’s task as enmeshed in multiple, overlapping, sometimes conflicting times. It is concerned primarily with the later, the discrepant temporalities, or perhaps that should be ‘histories’, or even ‘futures’, that are integral to the task of the curator today. In contrast to the history of museum curating, curatorial work in recent years has been transformed by the re-emergence of indigenous cultures in former settler colonies which suggest the de-centering of the west. Drawing on research in the USA, Canada and the Pacific Islands, and analysing several diverse case studies and examples, the chapter explores examples of ‘indigenous curating’, that is to say, working with things and relations in transforming times. In doing so, it contributes to a world-wide debate, which this book is part of, about museums and the future of curatorship.

This chapter examines the formality rules in relation to transactions involving land, which are essential to the operation of the land law system in practice. Formality rules play an important role in protecting vulnerable individuals; in ensuring caution; and in preserving the essence of an agreement should any future disputes arise. The chapter then details the formalities required to create an enforceable contract in land; a deed; and a valid disposition of an equitable interest. It also explains that there are different formality rules relating to a declaration of trust and to the transfer of interests arising under a trust. A failure to use these formalities does not give rise to homogenous consequences. Rather, for each of these categories, there are subtly different effects arising from a failure to take all the formal steps required.

This chapter explores how worldschoolers cope with loneliness, homesickness, and unrootedness on the road by creating new kinds of community. As the children, especially teenagers, crave connection with their peers, parents reconcile their competing desires for individual freedom and a sense of belonging by seeking out what worldschoolers call a “tribe of rebels.” In contrast to the isolating effects of the “new individualism” that pervades late modern society, worldschoolers establish a “new togetherness” in communities that are mobile and mediated, temporary and intermittent, intentional, curated, and commodified. The chapter argues that even though these communities provide a source of communal belonging, they are essentially a lifestyle choice whose primary purpose is to support worldschoolers in their individualized pursuit of freedom. The “come-and-go” sociality that worldschoolers demonstrate in these communities also offers some insight into the kinds of social skills their children are learning, things like collaborating in diverse and temporary teams, maintaining nomadic friendships, and sustaining social relations through mediated channels. These are the kinds of competencies children will need to navigate their social and professional lives in a mobile future.

Abstract My aim in this chapter is to examine the quality of the emotional lives of older adults with lenses focused on both positive and negative dimensions of emotional experience. But first, I think it is important to address a bias that pervades much of our thinking about aging populations. Many people maintain that we have more important concerns than attending to the quality of life of older adults. For them, nurturing the mental health of children provides us with the best hope for the future. They subscribe to the belief that what happens early in life shapes our futures to a great extent. In contrast, the ways of older adults are already set, as if their stories have been foretold, forecast by events earlier in life. Another commonly held belief is that biological processes play a greater role in determining the health and well-being of older adults than of young children. Collectively, these attitudes add up to restatements of the adage about “old dogs” not being able to learn and of the futility of our attempts to improve the lives of our elders. Even if older adults could be influenced by new experiences to the same extent as young adults and children, the balance of years favors investing in children and their mothers first, does it not? So many years are wasted when a child dies or is wounded psychologically; fewer years are lost for the person already past his or her “prime.” These are the arguments I hear about the relative unimportance of enriching the quality of life of our elders.

This article confronts two very influential theoretical texts related to neo-avant-garde with one of the most important manifestations of literary neo-avant-garde: Theodor W. Adorno’s Aesthetic Theory (1968) and Peter Bürger’s Theory of the Neo-Avant-Garde (1984) are applied to Oswald Wiener’s the improvement of central europe, a novel (1969). The article considers Wiener’s novel as a constitutive artwork that defines the neo-avant-garde’s theoretical and aesthetic presuppositions, outcome, and future. That becomes clear in the confrontation with Adorno’s and Bürger’s theoretical reflections. Adorno seems to idealise artworks as ontological objects in their own right. Contrary to Adorno’s notion of aesthetic form as “sedimented content”, Wiener develops a more sceptical stance towards the scope of artworks, conceiving of his postmodernist novel as the “suicide of an artwork”. Wiener’s novel and his subsequent works do away with the importance of signs and forms, and with their relation to the things expressed. While Adorno endorses a dialectic relationship between form and content, Wiener aims at a functional description of lively thinking, conceiving of neo-avant-garde or experimental art and literature not as an insightful means to gain a better understanding of the human mind. Bürger’s claim that “avant-garde could gain a renewed relevance in a future that we cannot imagine” may be re-formulated with regard to Wiener’s development, transforming his impetus from art and literature into a psychology of thinking which nevertheless retains its artistic basis.

Much ink has already been spilt on the unprecedented terrorist attack in Paris on November 13, 2015 in an atmosphere of endless despair. Many characterize it as the “new 9-11”. Nevertheless, they tend to defy the significant fact that that attack was launched by an acknowledged organization, Al-Qaeda, acting as a frontispiece of the Afghan state. In the present case study, the current threat is of a much larger extent and ambit, gradually conquering the globe. What one needs to conceive is that ISIS enjoys no single and specific nationality- on the contrary, it operates as an amorphous mass, a totality achieved as a result of illegal forms of collaboration and interstate crime in countless regions of the world, though serving a common purpose: the violation of security, democracy and freedom of expression. The ultimate goal of the organization is the breakdown of democratic regimes and the emergence of the Caliphate as a global superpower that will handle telecommunications, (inter) governmental, (inter) state security systems, and so on. One thing is for sure: Islam serves as the pretext for these modern bloody crusades. No religion that respects itself preaches and initiates a “holy war”; a war that is being constantly heretically interpreted- to say the least. Global co-operations frequently alter, as the international components are defined by ephemeral alliances, perhaps with classic conflicting interests, such as the US-Russia common goal opponent against ISIS. Parallel to that, other fronts hover vis-à-vis the question of military intervention of France and USA-UK in the disputed area of Raqqa, the struggle between Turkey and Russia around the management of natural resources not only on their behalf, but also in terms of ISIS, the implementation of geopolitical strategies over the area along with the future of millions of Syrians, who were accounted for either as refugees in neighboring countries, such as Lebanon, or Internally Displaced Peoples (IDPs). The recent EU-Turkey Ankara Summit on refugees ignited hot debate over the way in which the Schengen area should be further fostered via the creation of the so-called “refugee hot-spots” within the Turkish territory.

The internet has already revolutionized many aspects of modern business and living and promises to bring even more radical future changes. In contrast, tax laws are normally slow to changing realities. It is anticipated that trade in tangible (physical) goods with e- commerce will not introduce problems. However, trade in intangible (electronic or digital) goods can be problematic because they will be difficult if not impossible to track. The chapter discusses the important concepts woven around the idea of taxing e tailing transactions and aims at coming up with a conclusion which will help further to determine the appropriate tax policies for e retailers keeping in mind the global framework. The chapter aims at discussing the concept of Internet Taxation, E- Retailing laws and regulations in Global Context. The chapter also discusses broad outlines relating to taxability of E Retailing transactions from VAT and CST angle under different scenarios and arguments in favor and against of taxing the e tailing transactions. The chapter also discusses important acts passed in different economies for taxing online retailers including Marketplace Fairness Act 2013 and Internet Tax Freedom Act. It is concluded by discussing the possible effects of the online retail tax. It could be argued that e- commerce for most part will not require new tax principles. Existing principles still apply only the old ways of doing things need to be digitized. The internet and e- commerce certainly does introduce some new business models and products that would not have been possible with old technology. And in some case, new laws may be required or old laws amended. Trade in intangibles or goods that are in digital format promises to be the main problem area.

Lipid vesicles (liposomes) are structurally similar to many important biological particles, and have applications ranging from drug delivery to studies of cell dynamics. Optical manipulation of these important nanoparticles adds to the toolbox which can be used for such applications, but is notoriously difficult due to the low index contrast of the particles. Here, we demonstrate optical trapping of lipid vesicles near to a thin optical fiber (optical nanofiber) and, in particular, relative to the fiber axis itself. This “complete” optical trapping allows the reversible localization of liposomes along the fiber and may be applied to all-fiber optical analysis of size-selected isolation of liposomes and liposome-like bio-particles in the future.

The GSFC Diffraction Grating Evaluation Facility has recently been used to evaluate several sets of echelle gratings in crystalline GaAs fabricated at EIC Laboratories under a small business innovative research contract. New technology echelle gratings will be required to achieve science goals for future space missions such as Space Telescope Imaging Spectrograph. The amount of scattered light in the plane of dispersion of these gratings was measured for orders on blaze. Also, the distribution of energy into the gratings’ zero orders and orders around blaze was measured for determinations of relative groove efficiency and blaze angle. Although substrate quality would not always permit quantitative evaluation of image quality, images were examined qualitatively to locate problem areas in the grating fabrication process and to assess progress in the technology of photoelectrochemically etched gratings. Preliminary results indicate that the GaAs gratings are obviously blazed at or near angles predicted by theoretical considerations relating to crystallography and to the measured stoichiometry during the photoelectrochemical etching process.

In this text the authors deal with the latest developments in the Croatian model of solving the so-called CHF case. Unfortunately, the legislator did not do well and failed to see the possibility that, when he had already decided to bring the new normative framework, to predict and to properly regulate in it at least the key legal issues, such as: (no)admissibility of the lawsuit for those who decided to convert, the statutory limitation of the judgment on collective lawsuit and the currency clause relating to the Swiss franc. Instead of preventing reasons for the future lawsuit by the amendment of the Consumer Credit Law, it seems that (whatever it is desired) has come to the contrary. Despite the criticism of the legislator, the authors agree with the current court practice, for which the authors think it might and must (regarding to the highest courts) be much faster, in any case, the waiting for decisions of the Supreme Court of the Republic of Croatia and the Constitutional Court of the Republic of Croatia should be measured in months rather than years. The authors certainly repeat their already stated opinion that in the procedures that are labeled with the CHF case syntax, as a rule, there is no exclusive responsibility, and that is only (above slowness) what should be criticized in the court practice, which has not recognized it.

It is realistic to describe Artificial Intelligence (AI) as the most important of emerging technologies because of its increasing dominance in almost every field of modern life and the crucial role it plays in boosting high-tech multidisciplinary developments integrated in steady innovations. The implementation of AI-based solutions for real world problems helps to create new insights into old problems and to produce unique knowledge about intractable problems which are too complex to be efficiently solved with conventional methods. Biomedical data analysis, computer-assisted drug discovery, pandemic predictions and preparedness are only but a few examples of applied research areas that use machine learning as a pivotal data evaluation tool. Such tools process enormous amounts of data trying to discover causal relations and risk factors and predict outcomes that for example can change the course of diseases. The growing number of remarkable achievements delivered by modern machine learning algorithms in the last years raises enthusiasm for all those things that AI can do. The value of the global artificial intelligence market was calculated at USD 136.55 billion in 2022 and is estimated to expand at an annual growth rate of 37.3% from 2023 to 2030. Novel machine-learning applications in finance, national security, health, criminal justice, transportation, smart cities etc. justify the forecast that AI will have a disruptive impact on economies, societies and governance. The traditional rule-based or expert systems, known in computer science since decades implement factual, widely accepted knowledge and heuristic of human experts and they operate by practically imitating the decision making process and reasoning functionalities of professionals. In contrast, modern statistical machine learning systems discover their own rules based on examples on the basis of vast amounts of training data introduced to them. Unfortunately the predictions of these systems are generally not understandable by humans and quite often they are neither definite or unique. Raising the accuracy of the algorithms doesn't improve the situation. Various multi-state initiatives and business programs have been already launched and are in progress to develop technical and ethical criteria for reliable and trustworthy artificial intelligence. Considering the complexity of famous leading machine learning models (up to hundreds of billion parameters) and the influence they can exercise for example by creating text and news and also fake news, generate technical articles, identify human emotions, identify illness etc. it is necessary to expand the definition of HMI (Human Machine Interface) and invent new security concepts associated with it. The definition of HMI has to be extended to account for real-time procedural interactions of humans with algorithms and machines, for instance when faces, body movement patterns, thoughts, emotions and so on are considered to become available for classification both with or without the person's consent. The focus of this work will be set upon contemporary technical shortcomings of machine learning systems that render the security of a plethora of new kinds of human machine interactions as inadequate. Examples will be given with the purpose to raise awareness about underestimated risks.

The scope of protecting public venues in the U.S. is staggering in the areas of money, time and experience at doing this sort of thing. Derivation of protection strategies for the building infrastructure will necessarily involve a combination of experiments and computer simulations to provide confidence in building design or retrofit before the needed dollars and time are committed. Computer simulation can be less costly and be performed in shorter times than experiments even when the building of interest is quite large and thus, will be used extensively now and in the future for building protection design. This paper specifically targets the accuracy and application of computational fluid dynamic (CFD) codes for prediction of mixing behavior. The ability to determine the nature, make correct identification and quantify the amount of a release from a chemical or biological weapon (CBW) relies in part on understanding the underlying physics of air propagation throughout the domain. Specifically, we must understand the rates at which a contaminant may mix throughout the domain. Turbulent mixing is a function of the range of spatial and temporal scales found in the domain, i.e., the large scale eddies (on the size of the domain) advecting the contaminant, the small scale eddies (inertial range) “mixing” the contaminant as it is being advected and the time scales corresponding to these eddy sizes. The widely used Reynolds Averaged Navier-Stokes (RANS) numerical modeling methods cannot capture the time dependent motions which are responsible for a significant amount of mixing. The Large Eddy Simulation (LES) method is based on simulating the turbulent fluctuations that can be resolved by the mesh while the smaller eddies are modeled. The LES method can produce more information about the nature of the flow field than RANS. This paper discusses the application of the LES method, specifically an LES/DES (Detached Eddy Simulation) coupled method, to simulate mixing in a realistically scaled fictitious airport. Application of the LES method such as determination of what eddy size to resolve, transient startup effects, determination of eddy turnover time and others are discussed. This research is sponsored by Department of Homeland Security under Air Force Contract F19628-00-C-0002. The views expressed are those of the author and do not reflect the official policy or procedure of the United States Government.

Abstract Many fields in South East Asia are suffering from sand production problems due to sensitive sandstone formation. Sand production increases with time and increasing water production. The production of sand induces loss of production, due to sand accumulation in the wellbore, and heavy operational costs such as frequent sand cleaning jobs, pump replacements, replacement of surface and downhole equipment, etc. An original sand control technology consisting of polymers injection and already deployed in gas wells, has been successfully tested in an offshore oil well. The technology utilizes polymers having a natural tendency to coat the surface of the pores by a thin gel-like film of around 1 µm. Contrary to the use of resins which aim at creating a solid around the wellbore, the polymer system maintains the center of the pores fully open for fluid flow, thus preserving oil or gas permeability while often reducing water permeability (a property known as RPM for Relative Permeability Modification). The advantage of such system is that the product can be injected in the bullhead mode and often, a reduction of water production is observed along the drop in sand production. In gas wells, the treatment lasts around 4 years and can be renewed periodically. A lab work was undertaken to screen out a polymer product well suited to actual reservoir conditions. We conducted bulk tests to evaluate product interaction on reservoir sand samples, and corefloods to evaluate in-situ performances. Treatment volume and concentration were determined after lab test. One of "Oil Well" candidate is located in Arjuna Field, offshore Indonesia. Downhole conditions are: Temperature = 178°F, salinity = 18000 ppmTDS, permeability = 140-300mD, two perforated intervals with total thickness of 67ft (ft-MD) with 38 ft Average Netpay Thickness, production rate = 800 bfpd. The well is under gas lift and needed to be cleaned out every 3 months because of sand accumulation. Polymer treatment was performed in two stages (bottom, then upper interval). A total volume of 150 m3 of polymer solution was pumped. Immediately after treatment, sand cut dropped from 1% to almost 0%. This enabled increasing the drawdown from 32/64’’ choke to 40/64’’, keeping the production sand free and sustained with time. This field test confirms the feasibility of the original sand control polymer technology both in gas wells and in oil wells, which opens high possibilities in the future.

Abstract Fictional spaces produced with multidisciplinary research using improving technologiescreate settings that provoke new questions and have diff erent answers. This comes about bybroadening the horizons in virtual space studies, space concept, design, and experience. Evaluatingvirtual space as a layer of reality represents architectural space that belongs to the physical world.The principal factors that form the physicality of a space, its shape and content, are related tocultural, public, societal, perceptual, and intellectual codes. The space concept can be explained asa physical concept. In the sense of human interaction with space, the feelings it elicits, perceptualfactors, both in the subjective and abstract dimensions, that can be described as feelings, and 3Dphysicality. Spaces designed and produced for human use can be perceived diff erently and meanother things to diff erent people through human–space interactions. Perceiving, interpreting, anddescribing a space is a complex process that can only occur by experiencing it.Although virtual reality emerged as a simulation of physical space, there are increasing attempts toform an emotional and physical connection to such spaces today. New technologies used to createnew spaces and descriptions such as virtual reality, virtual space, cyberspace, and hybrid space arearticulated as new layers within the spatial memory accumulated to date.Virtual reality technologies, which can be explained as an interface between humans and machinesand describe diff erent life systems, give one the feeling of being in another space. Although thesespaces are virtual, they can be related to the space concept as they can be experienced and give thefeeling of being somewhere. These settings, which present multi-dimensional spatial experiences bytaking humans into a digital reality, are created using computer support and are experienced usingvarious electronic tools. These settings in which human and machine, organic and non-organicentities meet are also crucial in design education as they improve creative processes related to thefuture, machine-human interaction, and the space concept and its formation.As virtuality beingevaluated as a layer of reality becomes a representation of architectural space that belongs to thephysical world, it also has the potential to approach space design in a new way.It has the potential to aff ect and improve the perception of creating space and deliver spatialsolutions, understand new living conditions, and discover the future by responding to technologicalimprovements.Virtual reality creates a personal space experience that diff racts space and time—improvingtechnologies set these spaces, which simulate reality, as a layer of fact, a refl ection or representation.The cyber and virtual experiences that have emerged in new media spaces have reduced space’sdependency on the physical world through the integration of improving technologies and art. ‘SALT Research’ within Salt Galata, a monumental building in Galata-İstanbul, and ‘Virtual Archive’, a media art project by Refik Anadol that questions the virtual-digital space concept, were chosen as experience spaces. It was emphasized that there are holistic composition differences between spaces due to the current physical space experience that composes the infrastructure of the study and virtual space. It is composed of different elements and is perceived just like real space. The dataset includes a detailed assessment of two different spaces with similar contexts and contains the physical and virtual space analysis through syntactic, semantic and pragmatic scales. Volunteer participants emphasized the differences in holistic composition between the two spaces. They noted that the virtual space differs from the physical space and is composed of different elements and that the user has the perception of belonging just like in a physical space.The physical space, SALT Research, was evaluated as satisfactory and high-quality in terms of aesthetics and equipment. Phrases used to describe it were neat, high spaces, comfort, spaciousness, light, dark areas, tranquillity, silence, acoustic balance, harmony, historical, gripping, transformation, aesthetic and functional, and plain. In contrast, participants saw the Virtual Archive is a new, exciting, different, and innovative experience. The bodily freedom of the virtual space experience was described as optimistic. Through a brief understanding of the space, they overcame the difficulties of physical existence that arose when accessing information in this new environment.Fictional space produced with a multidisciplinary study using improving technologies creates settings where new questions are asked, and different answers are made, broadening the horizons in virtual space studies, space concept, design, and experience. Virtuality being evaluated as a layer of reality represents architectural space that belongs to the physical world.Virtual reality technology changes and influences our time, dimension, and architectural perceptions, the modes of expression and interaction models in art and architecture by taking us into a different universe experienced spiritually and mentally in new space creations.The space experience through the journey of interpretation and understanding of space and architecture tells different things for each person on each occasion. Perceiving space through the physical space experience and active senses via intellectual feedback also affects virtual reality interactions.Different disciplines examine the machine, human, space, and future relations in an interdisciplinary environment. Different designs’ varieties and opportunities have a place in architecture and interior architecture. In the future, the integration of physical space, virtual space, and machine intelligence into space design and design education and the role and effect of the designer will continue to be discussed.Today, new representation environments present new evolutions that improve, evaluate, and interpret spatial ideas. Despite changing technologies, humans must exist somewhere, and existence is related to our sensory, emotional, and memorial creations. In this sense, the place of humans and designers will continue to be questioned in the new spaces created. Keywords: Patrik Schumacher, ethics, ethical paradigms in architecture, humanitarian architecture, architectural media platforms.

Aim/Purpose. This study examined the self-perception of adolescents and young people aged 17-21 – how they perceived their personal characteristics, self-image, vitality, belonging to a local and global (glocal) society, happiness index and activity, media usage habits in general and smartphones in particular – in other words, it sought to produce a sketch of their character. Background. Different age groups are influenced by various factors that shape them, including living environment, technological developments, experiences, common issues, events of glocal significance, and more. People belonging to Gen Z were born at the end of the previous century and the beginning of the 21st century (up to 2010). This generation was born into the digital technological age and is the first one born into the environment defined by smartphones, and social media. Its members are referred to as “digital natives” because they were born after the widespread adoption of digital technology in the Western world. They entered an environment characterized by the widespread daily use of smartphones, the Internet, and technology in general. Methodology. This was a quantitative study based on a sample of 418 Israeli adolescents and young people aged 17-21. The following questionnaires were administered anonymously and disseminated online to an audience of youths aged 17-21 across Israel: A demographic questionnaire; Self-esteem; Vitality; Belonging vs. alienation; Social-emotional aspects; Usage habits in digital environments; Usage habits of learning on a smartphone; Open questions. Contribution. The current study tried to define clusters to characterize adolescents and youth aged 17-21. Findings Results show that study participants had high self-esteem and vitality, felt belonging, happy, and satisfied with their life, and perceived themselves as active and enterprising at an average level or above. The study identified two clusters. Participants in Cluster 1 were characterized by higher parameter averages than those in Cluster 2 on the self-image, vitality, belonging, happiness, and activism scales. Participants in Cluster 1 felt that using a smartphone made life easier, helped them solve everyday problems, made everyday conduct easier, and allowed them to express themselves, keep up to date with what is happening with their friends, disseminate information conveniently, be involved in social life, and establish relationships with those around them. They thought that it was easy to collaborate with others and to plan activities and events. Recommendations for Practitioners. When examining cluster correlations with data in relation to other variables, it is apparent that participants in Cluster 1 had more options to reach out for help, report more weekly hours spent talking and meeting with friends and feel that using a smartphone makes everyday life easier and facilitates their day-to-day conduct than did participants in Cluster 2. The smartphone allows them to express themselves, keep updated regarding what is happening with their friends and disseminate information easily, helps them be involved in social life and establish connections with those around them. They find it easy to communicate and cooperate with others and to plan activities and events. By contrast, participants in Cluster 2 felt that the smartphone complicates things for them and creates problems in their daily lives. They feel that the use of social networks burdens them and that the smartphone prevents them from being more involved in their social life, and from establishing relationships with those around them. They felt that communication by smartphone creates more problems in understanding messages. Recommendations for Researchers. One of the challenges of this generation is forming an independent identity and self-regulation in a digital, global, across-the-border era that offers a variety of possibilities and communities. They must examine the connection between the digital and personal spaces, to be able to enjoy virtual communities and a sense of togetherness, and at the same time maintain privacy, autonomy, and individuality. Many studies point to the blurring of boundaries between the private-personal and the public, at numerous problems in social networks, including social problems, shaming, and exclusion from various groups and activities. The fear of shaming and the desire to keep up with everything that is happening create a state of mental stress, and adolescents often feel that they urgently need to check their smartphones. Sharing with others can help them deal with negative content and experiences and avoid the dangers lurking in their web surfing. Yet sharing, especially with friends, often causes intimate content to become public and leads to shaming and invasion of privacy. Impact on Society. Gen Z was born into an environment where smartphones, the Internet, and technology in general, are widely used in everyday routine, and they make extensive use of technological means in all areas of life. One of the characteristics of this generation is “globalization.” The present study showed that about 84% of participants felt to a moderate degree or higher that they were citizens of the world. Future Research. The findings of this study revealed a significant difference in self-image between males and females. An attempt was made to explain the findings in light of previous studies, but the need arose for studies on the self-image of young people of Gen Z that would shed light on the subject.

Attention to safety and health are of ever-increasing priority to industrial organizations. Good Safety is demanded by stockholders, employees, and the community while increasing injury costs provide additional motivation for safety and health excellence. Safety has always been a strong corporate value of DuPont and a vital part of its culture. As a result, DuPont has become a benchmark in safety and health performance. Since 1990, DuPont has re-engineered itself to meet global competition and address future vision. In the new re-engineered organizational structures, DuPont has also had to re-engineer its safety management systems. A special Discovery Team was chartered by DuPont senior management to determine the “best practices’ for safety and health being used in DuPont best-performing sites. A summary of the findings is presented, and five of the practices are discussed. Excellence in safety and health management is more important today than ever. Public awareness, federal and state regulations, and enlightened management have resulted in a widespread conviction that all employees have the right to work in an environment that will not adversely affect their safety and health. In DuPont, we believe that excellence in safety and health is necessary to achieve global competitiveness, maintain employee loyalty, and be an accepted member of the communities in which we make, handle, use, and transport products. Safety can also be the “catalyst” to achieving excellence in other important business parameters. The organizational and communication skills developed by management, individuals, and teams in safety can be directly applied to other company initiatives. As we look into the 21st Century, we must also recognize that new organizational structures (flatter with empowered teams) will require new safety management techniques and systems in order to maintain continuous improvement in safety performance. Injury costs, which have risen dramatically in the past twenty years, provide another incentive for safety and health excellence. Shown in the Figure 1, injury costs have increased even after correcting for inflation. Many companies have found these costs to be an “invisible drain” on earnings and profitability. In some organizations, significant initiatives have been launched to better manage the workers’ compensation systems. We have found that the ultimate solution is to prevent injuries and incidents before they occur. A globally-respected company, DuPont is regarded as a well-managed, extremely ethical firm that is the benchmark in industrial safety performance. Like many other companies, DuPont has re-engineered itself and downsized its operations since 1985. Through these changes, we have maintained dedication to our principles and developed new techniques to manage in these organizational environments. As a diversified company, our operations involve chemical process facilities, production line operations, field activities, and sales and distribution of materials. Our customer base is almost entirely industrial and yet we still maintain a high level of consumer awareness and positive perception. The DuPont concern for safety dates back to the early 1800s and the first days of the company. In 1802 E.I. DuPont, a Frenchman, began manufacturing quality grade explosives to fill America’s growing need to build roads, clear fields, increase mining output, and protect its recently won independence. Because explosives production is such a hazardous industry, DuPont recognized and accepted the need for an effective safety effort. The building walls of the first powder mill near Wilmington, Delaware, were built three stones thick on three sides. The back remained open to the Brandywine River to direct any explosive forces away from other buildings and employees. To set the safety example, DuPont also built his home and the homes of his managers next to the powder yard. An effective safety program was a necessity. It represented the first defense against instant corporate liquidation. Safety needs more than a well-designed plant, however. In 1811, work rules were posted in the mill to guide employee work habits. Though not nearly as sophisticated as the safety standards of today, they did introduce an important basic concept — that safety must be a line management responsibility. Later, DuPont introduced an employee health program and hired a company doctor. An early step taken in 1912 was the keeping of safety statistics, approximately 60 years before the federal requirement to do so. We had a visible measure of our safety performance and were determined that we were going to improve it. When the nation entered World War I, the DuPont Company supplied 40 percent of the explosives used by the Allied Forces, more than 1.5 billion pounds. To accomplish this task, over 30,000 new employees were hired and trained to build and operate many plants. Among these facilities was the largest smokeless powder plant the world had ever seen. The new plant was producing granulated powder in a record 116 days after ground breaking. The trends on the safety performance chart reflect the problems that a large new work force can pose until the employees fully accept the company’s safety philosophy. The first arrow reflects the World War I scale-up, and the second arrow represents rapid diversification into new businesses during the 1920s. These instances of significant deterioration in safety performance reinforced DuPont’s commitment to reduce the unsafe acts that were causing 96 percent of our injuries. Only 4 percent of injuries result from unsafe conditions or equipment — the remainder result from the unsafe acts of people. This is an important concept if we are to focus our attention on reducing injuries and incidents within the work environment. World War II brought on a similar set of demands. The story was similar to World War I but the numbers were even more astonishing: one billion dollars in capital expenditures, 54 new plants, 75,000 additional employees, and 4.5 billion pounds of explosives produced — 20 percent of the volume used by the Allied Forces. Yet, the performance during the war years showed no significant deviation from the pre-war years. In 1941, the DuPont Company was 10 times safer than all industry and 9 times safer than the Chemical Industry. Management and the line organization were finally working as they should to control the real causes of injuries. Today, DuPont is about 50 times safer than US industrial safety performance averages. Comparing performance to other industries, it is interesting to note that seemingly “hazard-free” industries seem to have extraordinarily high injury rates. This is because, as DuPont has found out, performance is a function of injury prevention and safety management systems, not hazard exposure. Our success in safety results from a sound safety management philosophy. Each of the 125 DuPont facilities is responsible for its own safety program, progress, and performance. However, management at each of these facilities approaches safety from the same fundamental and sound philosophy. This philosophy can be expressed in eleven straightforward principles. The first principle is that all injuries can be prevented. That statement may seem a bit optimistic. In fact, we believe that this is a realistic goal and not just a theoretical objective. Our safety performance proves that the objective is achievable. We have plants with over 2,000 employees that have operated for over 10 years without a lost time injury. As injuries and incidents are investigated, we can always identify actions that could have prevented that incident. If we manage safety in a proactive — rather than reactive — manner, we will eliminate injuries by reducing the acts and conditions that cause them. The second principle is that management, which includes all levels through first-line supervisors, is responsible and accountable for preventing injuries. Only when senior management exerts sustained and consistent leadership in establishing safety goals, demanding accountability for safety performance and providing the necessary resources, can a safety program be effective in an industrial environment. The third principle states that, while recognizing management responsibility, it takes the combined energy of the entire organization to reach sustained, continuous improvement in safety and health performance. Creating an environment in which employees feel ownership for the safety effort and make significant contributions is an essential task for management, and one that needs deliberate and ongoing attention. The fourth principle is a corollary to the first principle that all injuries are preventable. It holds that all operating exposures that may result in injuries or illnesses can be controlled. No matter what the exposure, an effective safeguard can be provided. It is preferable, of course, to eliminate sources of danger, but when this is not reasonable or practical, supervision must specify measures such as special training, safety devices, and protective clothing. Our fifth safety principle states that safety is a condition of employment. Conscientious assumption of safety responsibility is required from all employees from their first day on the job. Each employee must be convinced that he or she has a responsibility for working safely. The sixth safety principle: Employees must be trained to work safely. We have found that an awareness for safety does not come naturally and that people have to be trained to work safely. With effective training programs to teach, motivate, and sustain safety knowledge, all injuries and illnesses can be eliminated. Our seventh principle holds that management must audit performance on the workplace to assess safety program success. Comprehensive inspections of both facilities and programs not only confirm their effectiveness in achieving the desired performance, but also detect specific problems and help to identify weaknesses in the safety effort. The Company’s eighth principle states that all deficiencies must be corrected promptly. Without prompt action, risk of injuries will increase and, even more important, the credibility of management’s safety efforts will suffer. Our ninth principle is a statement that off-the-job safety is an important part of the overall safety effort. We do not expect nor want employees to “turn safety on” as they come to work and “turn it off” when they go home. The company safety culture truly becomes of the individual employee’s way of thinking. The tenth principle recognizes that it’s good business to prevent injuries. Injuries cost money. However, hidden or indirect costs usually exceed the direct cost. Our last principle is the most important. Safety must be integrated as core business and personal value. There are two reasons for this. First, we’ve learned from almost 200 years of experience that 96 percent of safety incidents are directly caused by the action of people, not by faulty equipment or inadequate safety standards. But conversely, it is our people who provide the solutions to our safety problems. They are the one essential ingredient in the recipe for a safe workplace. Intelligent, trained, and motivated employees are any company’s greatest resource. Our success in safety depends upon the men and women in our plants following procedures, participating actively in training, and identifying and alerting each other and management to potential hazards. By demonstrating a real concern for each employee, management helps establish a mutual respect, and the foundation is laid for a solid safety program. This, of course, is also the foundation for good employee relations. An important lesson learned in DuPont is that the majority of injuries are caused by unsafe acts and at-risk behaviors rather than unsafe equipment or conditions. In fact, in several DuPont studies it was estimated that 96 percent of injuries are caused by unsafe acts. This was particularly revealing when considering safety audits — if audits were only focused on conditions, at best we could only prevent four percent of our injuries. By establishing management systems for safety auditing that focus on people, including audit training, techniques, and plans, all incidents are preventable. Of course, employee contribution and involvement in auditing leads to sustainability through stakeholdership in the system. Management safety audits help to make manage the “behavioral balance.” Every job and task performed at a site can do be done at-risk or safely. The essence of a good safety system ensures that safe behavior is the accepted norm amongst employees, and that it is the expected and respected way of doing things. Shifting employees norms contributes mightily to changing culture. The management safety audit provides a way to quantify these norms. DuPont safety performance has continued to improve since we began keeping records in 1911 until about 1990. In the 1990–1994 time frame, performance deteriorated as shown in the chart that follows: This increase in injuries caused great concern to senior DuPont management as well as employees. It occurred while the corporation was undergoing changes in organization. In order to sustain our technological, competitive, and business leadership positions, DuPont began re-engineering itself beginning in about 1990. New streamlined organizational structures and collaborative work processes eliminated many positions and levels of management and supervision. The total employment of the company was reduced about 25 percent during these four years. In our traditional hierarchical organization structures, every level of supervision and management knew exactly what they were expected to do with safety, and all had important roles. As many of these levels were eliminated, new systems needed to be identified for these new organizations. In early 1995, Edgar S. Woolard, DuPont Chairman, chartered a Corporate Discovery Team to look for processes that will put DuPont on a consistent path toward a goal of zero injuries and occupational illnesses. The cross-functional team used a mode of “discovery through learning” from as many DuPont employees and sites around the world. The Discovery Team fostered the rapid sharing and leveraging of “best practices” and innovative approaches being pursued at DuPont’s plants, field sites, laboratories, and office locations. In short, the team examined the company’s current state, described the future state, identified barriers between the two, and recommended key ways to overcome these barriers. After reporting back to executive management in April, 1995, the Discovery Team was realigned to help organizations implement their recommendations. The Discovery Team reconfirmed key values in DuPont — in short, that all injuries, incidents, and occupational illnesses are preventable and that safety is a source of competitive advantage. As such, the steps taken to improve safety performance also improve overall competitiveness. Senior management made this belief clear: “We will strengthen our business by making safety excellence an integral part of all business activities.” One of the key findings of the Discovery Team was the identification of the best practices used within the company, which are listed below: ▪ Felt Leadership – Management Commitment ▪ Business Integration ▪ Responsibility and Accountability ▪ Individual/Team Involvement and Influence ▪ Contractor Safety ▪ Metrics and Measurements ▪ Communications ▪ Rewards and Recognition ▪ Caring Interdependent Culture; Team-Based Work Process and Systems ▪ Performance Standards and Operating Discipline ▪ Training/Capability ▪ Technology ▪ Safety and Health Resources ▪ Management and Team Audits ▪ Deviation Investigation ▪ Risk Management and Emergency Response ▪ Process Safety ▪ Off-the-Job Safety and Health Education Attention to each of these best practices is essential to achieve sustained improvements in safety and health. The Discovery Implementation in conjunction with DuPont Safety and Environmental Management Services has developed a Safety Self-Assessment around these systems. In this presentation, we will discuss a few of these practices and learn what they mean. Paper published with permission.