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GUPTA, HARI M., JOSÉ R. CAMPANHA et FÁBIO R. CHAVARETTE. « POWER LAW DISTRIBUTION IN EDUCATION : EFFECT OF ECONOMICAL, TEACHING, AND STUDY CONDITIONS IN UNIVERSITY ENTRANCE EXAMINATION ». International Journal of Modern Physics C 14, no 04 (mai 2003) : 449–57. http://dx.doi.org/10.1142/s0129183103004656.
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We studied the statistical distribution of student's performance, which is measured through their marks, in university entrance examination (Vestibular) of UNESP (Universidade Estadual Paulista) with respect to (i) period of study — day versus night period (ii) teaching conditions — private versus public school (iii) economical conditions — high versus low family income. We observed long ubiquitous power law tails in physical and biological sciences in all cases. The mean value increases with better study conditions followed by better teaching and economical conditions. In humanities, the distribution is close to normal distribution with very small tail. This indicates that these power law tails in science subjects are due to the nature of the subjects themselves. Further and better study, teaching and economical conditions are more important for physical and biological sciences in comparison to humanities at this level of study. We explain these statistical distributions through Gradually Truncated Power law distributions. We discuss the possible reason for this peculiar behavior.
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McCormack, Gerard. « UNCITRAL, security rights and the globalisation of the US Article 9 ». Northern Ireland Legal Quarterly 62, no 4 (11 mars 2020) : 485–504. http://dx.doi.org/10.53386/nilq.v62i4.432.
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This article provides a critical analysis of the UN Commission on International Trade Law (UNCITRAL) proposals for developing – through its Legislative Guide (the Guide) – a 'liberal' global secured credit law regime that opens up the range of assets that can be used for securing loans and that limits formal procedures required for taking security interests. The article argues that UNCITRAL’s reliance on Article 9 of the US Uniform Commercial Code is problematic for various reasons. First, it neglects reference to indigenous secured credit law norms that also reflect national social policy choices in a range of countries. Second, it questions the idea that global 'liberal' secured credit law of the kind articulated in the Guide helps to achieve 'economic efficiency', since it relies on a narrow conception of private property. Moreover, by relying on existing property rights distributions, a liberal secured credit law can further entrench existing socio-economic disparities in a society. The article therefore casts doubt on the idea that UNCITRAL’s Legislative Guide is an example of a successful 'harmonized, modernized and marketized' secured credit law, and instead – in Polanyian terms – draws attention to its potential to further disembed markets in credit out of social relationships.
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Laponoh, Danyil V. « FEATURES OF THE USE OF PUBLIC-PRIVATE PARTNERSHIPS IN THE PRACTICE OF ROAD TRANSPORT SERVICES ». Management 32, no 2 (16 avril 2021) : 84–92. http://dx.doi.org/10.30857/2415-3206.2020.2.6.
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Background and objectives. Public-private partnership (PPP) is one of the most popular forms of cooperation between the state and business in the world. For Ukraine, PPP is one of the most promising ways to attract investment in the existing state and municipal infrastructure. The Law of Ukraine "On Public-Private Partnership" (2010) allows the implementation of projects in the format of the classic PPP. Most projects involved the development of infrastructure facilities and mining, which is typical for this kind of cooperation between the state and businessMethods. The study used: expert, statistical, comparative, scenario analysis; analysis of empirical data using methods of grouping, generalization, classification methods.Findings. The components of PPP relations are defined, the criteria for the classification of its forms, the essence and economic content of the category "public-private partnership", the features of public-private partnership in the market of road transport services in Ukraine are substantiated. The qualitative analysis of 111 concession projects has allowed to reveal the regularity and to present the variant of possible combination of experts' indications at certain parameters. Mean values and standard deviations of the expert testimonies were determined and distributions of the obtained data array of 111 concession PPP projects were constructed. The definition of the "quality" of expert assessments and evaluation of the effectiveness of 111 PPP projects for the provision of road transport services is formed.Conclusion. The components for public-private partnership in the market of road transport services have been defined: PPP implies a contractual form (agreements, contracts, etc.), in which the rights and obligations of each party are clearly defined; implementation of projects in the market of road transport services implies mutual economic benefit for all project participants through the best interaction, focused on better results for lower cost; public-private partnership is characterized by increased.
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Boj del Val, Eva, M. Mercè Claramunt Bielsa et Xavier Varea Soler. « Role of Private Long-Term Care Insurance in Financial Sustainability for an Aging Society ». Sustainability 12, no 21 (27 octobre 2020) : 8894. http://dx.doi.org/10.3390/su12218894.
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This work analyzes and quantifies the significance of private long-term care insurance for the elderly in protecting families from the increased expenses derived from dependency. We propose an economic and financial model for consumption and income deficit evolution. Survival/dependency are modeled by a Markov process with stochastic simulation techniques to obtain random variable distributions. Based on the Spanish survey of household finances data, Spanish families are classified using a cluster analysis for the wealth decumulation period. The conclusion is that, for a generic family, hiring long-term care insurance causes a significant reduction in the probability of lack of liquidity, the mean first time of lack of liquidity (if it occurs), and the mean present value of overall liquidity needs. It is also observed that there are important differences between these impacts on different groups of families. These results show that hiring long-term care insurance would considerably lower financial problems in the decumulation period.
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Ganesh, Aravind. « WIRTBARKEIT : COSMOPOLITAN RIGHT AND INNKEEPING ». Legal Theory 24, no 3 (septembre 2018) : 159–90. http://dx.doi.org/10.1017/s1352325218000162.
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ABSTRACTAfter defining Cosmopolitan Right as being limited to the conditions of “hospitality,” Kant includes “Wirtbarkeit” in brackets, a word that connotes innkeeping. Moreover, significant similarities obtain between the relevant passages of the Perpetual Peace and those of the Digest of Justinian on the obligations of ships’ masters, innkeepers, and stable keepers. Unlike for ordinary householders, hospitality for innkeepers is a legal obligation, not a matter of philanthropy: they have traditionally been deemed public officials with limited discretion to refuse travelers, and as fiduciaries of their guests strictly liable for losses to their property. This article attempts to explain Kant's concept of Cosmopolitan Right by analogy to the private law of innkeeping, and ultimately engages in the central philosophical debate about Cosmopolitan Right by accounting for Cosmopolitan Right solely from the “innate” right to freedom, rather than from “acquired” facts such as land or resource distributions or historical injustices.
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Katz, Claudio J. « Protective Labor Legislation in the Courts : Substantive Due Process and Fairness in the Progressive Era ». Law and History Review 31, no 2 (mai 2013) : 275–323. http://dx.doi.org/10.1017/s0738248013000047.
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The Supreme Court's decision inLochner v. New York(1905), invalidating an act limiting working hours for bakers as a violation of contractual freedom, has come to symbolize an era in constitutional law. The period covers the years from the end of the Gilded Age through the Progressive Era. Its chief characteristic, according to its critics, is the judiciary's hostility to progressive labor legislation. Statutes intended to protect vulnerable classes from the ravages of industrialization were routinely defeated in the courts. Progressives pioneered an interpretation in whichLochnerbecame a leading “anticanonical” case, wrongly deploying the doctrine of substantive due process to shield inherited distributions of wealth and power. The time is long past when scholars characterized the era as a product of judges' reactionary commitments to laissez-faire or, worse, to Social Darwinism, following Justice Holmes's quip, dissenting inLochner, that “the Fourteenth Amendment does not enact Mr. Herbert Spencer's Social Statics.” Contemporary scholars have reconstructed the period's jurisprudence, finding in it a principled commitment to a conception of justice grounded in the Founding. The most widely accepted explanation, developed by Gillman's influential study, is that substantive due process embodied a principle of neutrality requiring courts to distinguish the authentic public aims of legislation from illegitimate attempts to advantage some classes at others' expense. An alternative explanation is that judges, drawing on the theory of natural rights, developed the doctrine of substantive due process to limit government's discretion to encumber prepolitical rights to private property and liberty of contract.
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Chadwick, Anna. « Rethinking the EU’S ‘Monetary Constitution’ : legal theories of money, the Euro, and transnational law ». European Law Open 1, no 3 (septembre 2022) : 468–509. http://dx.doi.org/10.1017/elo.2022.36.
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AbstractIn recent years, legal scholars have dismantled influential economic accounts of the private nature of money, demonstrating that money is better understood as a ‘governance project’ and a public resource that is created and regulated by the state. Legal theories of money could lend support to the ECB’s recent use of ‘unorthodox’ monetary policy to stabilise the euro, and could further support proposals for the innovative use of monetary policy to combat inequality. However, legal writing on money to date has primarily sought to challenge neoclassical economics – a body of thought that denies the impact that distributions of credit by the state play in shaping processes of value formation in the economy. Two further dimensions of the nature of money have received less attention from legal scholars to date: first, the question of how money comes to have an economic value (an important component of ‘moneyness’), and, second, how the international functions of credit money as currency in international trade and finance may limit the capacities of governments to manage money differently. In this article, I offer a revised account of the legal nature of money that is more attentive to the transnational nature of the legal regimes and institutions that enable the production of sovereign credit monies in the contemporary global political economy. My analysis complicates both the suggestion that the ECB can address inequality in the eurozone by means of unorthodox monetary policy and the widely made counter-argument that the only solution to the constitutional crisis in the European Union (EU) is the creation of a political sovereign imbued with stronger fiscal powers. I find that unless the current transnational legal arrangements that enable the production and governance of money are addressed, no states will be able to act as ‘centralised and legitimate political authorities’ that can control capitalist credit money in accordance with democratic imperatives.
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Shoemaker, Jessica. « Fee Simple Failures : Rural Landscapes and Race ». Michigan Law Review, no 119.8 (2021) : 1695. http://dx.doi.org/10.36644/mlr.119.8.fee.
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Property law’s roots are rural. America pursued an early agrarian vision that understood real property rights as instrumental to achieving a country of free, engaged citizens who cared for their communities and stewarded their physical place in it. But we have drifted far from this ideal. Today, American agriculture is industrialized, and rural communities are in decline. The fee simple ownership form has failed every agrarian objective but one: the maintenance of white landownership. For it was also embedded in the original American experiment that land ownership would be racialized for the benefit of its white citizens, through acts of colonialism, slavery, and explicit race-based exclusion in property law. Today, rather than undoing this racialized legacy, modern property rules only further concentrate and homogenize rural landownership. Agricultural landownership remains almost entirely— 98 percent—white. This is a critical racial justice issue that converges directly with our impending environmental crisis and the decline of rural communities more generally. This Article builds on work of rural sociologists and farm advocates who demonstrate, again and again, that despite a pervasive narrative of rural places dying for want of population and agricultural systems too far gone for reform, the reality is a crowd of emerging farmers—and farmers of color in particular— clamoring for access. Existing policy efforts to support beginning farmers have focused primarily on supporting a few private land transactions within existing systems. This Article brings property theory to the table for the first time, arguing that property law itself is not only responsible for the original racialized distributions of agricultural land but also actively perpetuates both ongoing racialized disparities and the currently industrialized and depopulated rural landscape. This Article deconstructs our most fundamental land-tenure choice—the fee simple itself—and calls on our collective legal imagination to develop more adaptive, inclusive, and dynamic land-tenure designs rooted in these otherwise overlooked rural places.
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Xu, Chengcheng, et Shuyue Wu. « Evaluating the Effects of Household Characteristics on Household Daily Traffic Emissions Based on Household Travel Survey Data ». Sustainability 11, no 6 (20 mars 2019) : 1684. http://dx.doi.org/10.3390/su11061684.
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This study aimed to investigate the effects of household characteristics on household traffic emissions. The household travel survey data conducted in the Jiangning District of Nanjing City, China were used. The vehicle emissions of household members’ trips were calculated using average emission factors by average speed and vehicle category. Descriptive statistics analysis showed that the average daily traffic emissions of CO, NOx and PM2.5 per household are 8.66 g, 0.55 g and 0.04 g respectively. The household traffic emissions of these three pollutants were found to have imbalanced distributions across households. The top 20% highest-emission households accounted for nearly two thirds of the total emissions. Based on the one-way ANOVA tests, the means of CO, NOx and PM2.5 emissions were found to be significantly different over households with different member numbers, automobile numbers, annual income and access to the subway. Finally, the household daily traffic emissions were linked with household characteristics based on multiple linear regressions. The contributing factors are slightly different among the three different emissions. The number of private vehicles, number of motorcycles, and household income significantly affect all three emissions. More specifically, the number of private vehicles has positive effects on CO and PM2.5 emissions, but negative effect on NOx emissions. The number of motorcycles and the household income have positive effects on all three emissions.
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Sleem, Ahmed, et Ibrahim Elhenawy. « Collaborative Segmentation of COVID-19 From non-IID Topographies in the Internet of Medical Things (IoMT) ». Journal of Intelligent Systems and Internet of Things 7, no 2 (2022) : 08–21. http://dx.doi.org/10.54216/jisiot.070201.
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The Internet of Medical Things (IoMT) offers numerous advantages in the diagnosis, monitoring, and treatment of a wide variety of illnesses for both patients. COVID-19 has caused a global pandemic and turned out to be the utmost crucial danger threatening the whole world. Thus, scholars’ attention moved toward Deep learning (DL) and IoMT for developing automated systems for COVID-19 diagnosis andor prognosis based on chest computed tomography (CT) scans, and it has shown great success in several tasks, including classification and segmentation. Nevertheless, developing and training a superior DL approach necessitates accumulating a substantial amount of patients’ CT scans together with their labels. This is an expensive and time-consuming task that restricts attaining large enough data from a single siteinstitution, However, owing to the necessity for protecting data privacy, it is difficult to accumulate the data from several sites and store them at a centralized server. Federated learning (FL) alleviates the need for centralized data by spreading the public segmentation model to different institutional models, training the segmentation model at the institution, and followingly calculating the mean of the parameters in the public model. Nevertheless, researchers advocated that private information could be restored using the parameters of the model. This study presents a privacy-protection technique for the challenge of multi-site COVID-19 segmentation. To tackle the challenge, we introduce the FL technique, in which a distributed optimization procedure is developed, and randomization techniques are proposed to change the joint parameters of private institutional segmentation models. Bearing in mind the complete heterogeneity of COVID-19 distributions from diverse institutions, we develop two domain adaptation (DA) techniques in the proposed FL design. We explore several applied characteristics of optimizing the FL approach and analyze the FL approach in comparison with alternate training approaches. Finally, the results validate that it is auspicious to employ multi-site non-shared CT scans to improve the COVID-19 infection segmentation.
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Wojciechowski, Przemyslaw. « Salvia Marcellina and the Collegium of Aesculapius and Hygia in Rome : Some Remarks on the Lex collegii Aesculapii et Hygiae (CIL VI 10234) ». Palamedes 12 (10 décembre 2019) : 141–64. http://dx.doi.org/10.5913/pal.2017.35813926.
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Lex collegii Aesculapii et Hygiae is one of the most frequently cited source texts concerning the Roman private corporations. In this article I try to verify the traditional interpretation of this inscription. Firstly, the analysis of the provisions included in the lex collegii Aesculapii et Hygiae leads to the conclusion that what we have here is not the organisation’s statute but an agreement between the collegium and Salvia Marcellina and her brother-in-law, P. Aelius Zeno. Secondly, quite common conviction that the collegium Aesculapii et Hygiae was a funerary one is based on a very meagre source material. The term funeraticium used by the authors of the lex collegii with the utmost certainty is insufficient to claim that it was a collegium funeraticium. The statement that the college owned a graveyard is also based on an erroneous interpretation of the words defunctorum loca, found in the lex collegii, which supposedly meant places in the corporate graveyard, while in fact they referred to the membership of the college (members’ places in the college). Moreover, the commemorative services, collegial feasts and distributions which are mentioned in lex collegii should be considered in a wider social context. For members of the collegium the participation in these ceremonies was first of all an opportunity to demonstrate their position within the college and in the urban community. The same applies to patrons and benefactors of the collegium.
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Azemsha, S. A., et V. M. Marozau. « Study of regularities in transport preferences by analysis of transport survey results ». Russian Automobile and Highway Industry Journal 19, no 5 (10 novembre 2022) : 638–53. http://dx.doi.org/10.26518/2071-7296-2022-19-5-638-653.
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Introduction. Transport in cities has a huge impact on the environment, the quality of life of people, their health, road safety, etc., which is the subject of a fairly large number of scientific publications. It is obvious that measures aimed at shifting transport demand from a private car towards the use of public transport are extremely relevant. One way to develop such measures could be through a survey of users of transport services.This article reveals patterns in the transport preferences of the inhabitants of the city of Gomel by analysing the results of their transport survey.The purpose of the work is to obtain data on the transport preferences of the inhabitants of the city of Gomel. Materials and methods. When writing the article, materials obtained during the transport survey of residents of the city of Gomel were used. At the same time, graphical analysis methods, crosstabulation tables, Chi-square test (when comparing differences in independent samples of nominal variables), analysis of variance (when comparing differences in independent samples of nominal and numerical variables, depending on the law distributions within groups) implemented in a specialised software product.Results. Based on the results of the article, information was obtained about the transport preferences of the inhabitants of the city of Gomel.Discussion and conclusion. The obtained results of the analysis of the transport survey are the basis for the subsequent justification of measures aimed at shifting transport demand from individual cars towards the use of regular public transport.
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Kause, Astrid, Wändi Bruine de Bruin, Fai Fung, Andrea Taylor et Jason Lowe. « Visualizations of Projected Rainfall Change in the United Kingdom : An Interview Study about User Perceptions ». Sustainability 12, no 7 (8 avril 2020) : 2955. http://dx.doi.org/10.3390/su12072955.
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Stakeholders from public, private, and third sectors need to adapt to a changing climate. Communications about climate may be challenging, especially for audiences with limited climate expertise. Here, we study how such audience members perceive visualizations about projected future rainfall. In semi-structured interviews, we presented 24 participants from climate-conscious organizations across the UK with three prototypical visualizations about projected future rainfall, adopted from the probabilistic United Kingdom Climate Projections: (1) Maps displaying a central estimate and confidence intervals, (2) a line graph and boxplots displaying change over time and associated confidence intervals, and (3) a probability density function for distributions of rainfall change. We analyzed participants’ responses using “Thematic Analysis”. In our analysis, we identified features that facilitated understanding—such as colors, simple captions, and comparisons between different emission scenarios—and barriers that hindered understanding, such as unfamiliar acronyms and terminology, confusing usage of probabilistic estimates, and expressions of relative change in percentages. We integrate these findings with the interdisciplinary risk communication literature and suggest content-related and editorial strategies for effectively designing visualizations about uncertain climate projections for audiences with limited climate expertise. These strategies will help organizations such as National Met Services to effectively communicate about a changing climate.
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Pezzagno, Michèle, Barbara M. Frigione et Carla S. S. Ferreira. « Reading Urban Green Morphology to Enhance Urban Resilience : A Case Study of Six Southern European Cities ». Sustainability 13, no 16 (16 août 2021) : 9163. http://dx.doi.org/10.3390/su13169163.
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A loss of natural capital within cities and their surrounding areas has been noticed over the last decades. Increasing development associated with higher sealing rates has caused a general loss of Urban Green Spaces (UGS) within the urban environment, whereas urban sprawl and the improvement of road networks have deeply fragmented the surrounding landscape and jeopardized ecosystems connectivity. UGS are an essential component of the urban system, and their loss has a greater impact on, e.g., ecological and hydrological processes, threatening human well-being. Different types and spatial configurations of UGS may affect their own ability to provide ecosystem services, such as biodiversity support and water regulation. Nevertheless, the study of UGS spatial patterns is a research branch poorly addressed. Moreover, UGS analyses are mainly focused on public and vast green spaces, but seldom on informal, private, and interstitial ones, returning a myopic representation of urban green areas. Therefore, this study investigates the UGS spatial patterns within six Southern European cities, using the urban morphology analysis to assess all urban vegetated lands. Results revealed three main Urban Green Spatial Patterns (UGSPs): Fragmented, Compact, and Linear Distributions. UGSPs taxonomy represents a novelty in the urban morphology field and may have important implications for the ability to provide ecosystem services and, thus, human well-being.
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Gatt, Damien, Charles Yousif, Maurizio Cellura, Francesco Guarino, Kenneth Scerri et Ilenia Tinnirello. « A Novel Approach to Determine Multi-Tiered Nearly Zero-Energy Performance Benchmarks Using Probabilistic Reference Buildings and Risk Analysis Approaches ». Sustainability 16, no 1 (4 janvier 2024) : 456. http://dx.doi.org/10.3390/su16010456.
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The Energy Performance of Buildings Directive (EPBD) mandates European Union Member States (MS) to conduct cost-optimal studies using the national calculation methodology (NCM), typically through non-calibrated asset-rating software. Nearly zero-energy building (NZEB) levels must be derived for each chosen Reference Building (RB), which are generally defined using deterministic parameters. Previous research proposed an innovative cost-optimal method that replaces ‘non-calibrated deterministic RBs’ with ‘probabilistically Bayesian calibrated reference building (RB)’ to better handle building stock uncertainties and diversities when deriving benchmarks. This paper aims to develop a framework to address two research gaps necessary for the successful application of the innovative cost optimal method: (1) providing objective criteria for defining NZEB benchmarks and (2) propagating uncertainties and financial risk for each defined benchmark. A robust approach for defining NZEB benchmarks according to four different ambition levels (low, medium, high, and highest) was developed by objectively considering distinct points from multiple cost-optimal plots employing different financial perspectives. Risk analysis is then performed for each defined benchmark by propagating risk from the posterior calibration parameter distributions to visualize and statistically quantify the financial risk, including robust risk, that the private investor could face for reaching each derived benchmark ambition level. The innovative cost-optimal methodology that incorporates the developed framework was applied to a hotel RB case study. The results showed that the developed framework is capable of deriving distinct benchmarks and quantitatively uncovering the full financial risk levels for the four different renovation ambition levels. The current cost-optimal method was also performed for the hotel case study with the RB defined determinitically and using the non-calibrated NCM software, SBEM-mt v4.2c. It was found that the financial feasibility and energy-saving results per benchmark are significantly more realistic and transparent for the proposed innovative cost-optimal method including a better match between the simulated and metered energy consumption with a difference of less than 1% in annual performance. Thus, the performance gap between calculated and actual energy performance that is synonymous with the EPBD methodology, as reported in the literature, is bridged. The case study also showed the importance of the risk analysis. Performing the cost-optimal analysis for a Bayesian calibrated RB using the mean value of the posterior calibrated parameter distributions without propagating uncertainty produced highly optimistic results that obscured the real financial risk for achieving the higher ambition levels of the NZEB benchmarks. Consequently, the developed framework demonstrated a time-bound tightening approach to achieve higher energy performance ambitions, improve risk transparency to private investors, and facilitate more targeted policies towards a net zero-carbon status. Thus, the proposed method considering parameter uncertainty and calibrated RBs is instrumental for devising robust policy measures for the EPBD, to achieve a realistic and long-lasting sustainable energy goal for European buildings.
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O'Connell, Aislinn, et Ksenia Bakina. « Using IP rights to protect human rights : copyright for ‘revenge porn’ removal ». Legal Studies 40, no 3 (9 juin 2020) : 442–57. http://dx.doi.org/10.1017/lst.2020.17.
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Abstract‘Revenge pornography’ is a concept which embraces a broad spectrum of the non-consensual distribution of private sexual images. Acknowledging the harms that arise from this practice and the human rights implications of ‘revenge pornography’, this paper focuses on the difficulty of removing those images from the Internet. It considers the legal vehicles which can be employed to force websites and third-party operators to remove private sexual images, including privacy law and copyright notice and takedown systems. It concludes that the piecemeal approach to image removal is insufficient, and that a more cohesive and appropriate approach to image removal is required to ensure that victim-survivors’ rights to private and family life are properly protected.
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Kucik, Jeffrey, et Krzysztof J. Pelc. « Measuring the Cost of Privacy : A Look at the Distributional Effects of Private Bargaining ». British Journal of Political Science 46, no 4 (28 janvier 2015) : 861–89. http://dx.doi.org/10.1017/s0007123414000520.
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Transparency is one of the most contested aspects of international organizations. While observers frequently call for greater oversight of policy making, evidence suggests that settlement between states is more likely when negotiations are conducted behind closed doors. The World Trade Organization’s (WTO) legal body provides a useful illustration of these competing perspectives. As in many courts, WTO dispute settlement is designed explicitly to facilitate settlement throughprivateconsultations. However, this study argues that the privacy of negotiations creates opportunities for states to strike deals that disadvantage others. Looking at product-level trade flows from all disputes between 1995 and 2011, it finds that private (early) settlements lead to discriminatory trade outcomes – complainant countries gain disproportionately more than the rest of the membership. When the facts of a case are made known through a ruling, these disproportional gains disappear entirely. The article also finds that third-party participation – commonly criticized for making settlement less likely – significantly reduces disparities in post-dispute trade. It then draws parallels to domestic law and concludes with a set of policy prescriptions.
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Fras, Mariusz. « The Directive 2016/97 On Insurance Distribution (IDD) And Private International Law ». Review of European and Comparative Law 38, no 3 (21 avril 2020) : 113–43. http://dx.doi.org/10.31743/recl.4848.
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Clear normative grounds for the information obligation are visible in the Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (hereinafter: IDD). One of the challenges before insurance law is to answer the question whether and how one should sanction violations of disclosure obligations resulting in the absence of the desired insurance protection. In this aspect important legal problem is law applicable to the assessment of liability for violation of disclosure obligations by the insurer.
The second important problem is law applicable to the assessment of liability for violation of disclosure obligations by third parties vis-a-vis the insurer. Some remarks concerning jurisdiction in matters relating to the loss of chance to become insured, have different practical implications.
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Stone, Rebecca. « Private liability without wrongdoing ». University of Toronto Law Journal 73, no 1 (1 novembre 2022) : 53–87. http://dx.doi.org/10.3138/utlj-2021-0062.
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Rights-based theories of private law tend to be wrongs based and defendant focused. But many private law wrongs do not seem like genuine wrongs, at least when the background distribution of resources is unjust. A very poor person, for example, may be held legally liable for breaching a one-sided contract with a very rich person. When such a contract reflects and reproduces existing injustice, it is hard to view the poor person’s breach of such a contract as a genuine wrong against the rich person. Conversely, some obvious moral wrongs do not generate legal liability. There is, for example, no private law duty of rescue in the absence of a prior relationship in many situations in which most would agree that there is a moral duty of rescue. Thus, private legal liability seems not to track moral wrongdoing in significant respects, raising the question what instead justifies such liability. Instead of justifying private liability in terms of the defendant’s wrongdoing, as corrective justice and civil recourse theorists do, we should seek a justification in terms of the plaintiff’s moral permission to enforce her apparent rights. Switching our gaze from the defendant’s wrongdoing to the plaintiff’s moral permission to enforce her rights will not be normatively consequential if the plaintiff’s moral permission arises when and only when the defendant has wronged her. But, I argue, background injustice can drive a wedge between genuine wrongdoing and the plaintiff’s moral permission. Thus, by reconceptualizing private liability in terms of a plaintiff’s moral permission to enforce her apparent rights, private law may be justified by the essential role it plays in constituting non-ideal political morality.
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Singaravelan, Shanmugasundaram, Ramaiah Arun, Dhiraviyam Arun Shunmugam, Raja Veeman Vivek et Dhanushkodi Murugan. « Access control scheme in cloud services based on different user roles ». Informatologia 51, no 3-4 (30 décembre 2018) : 182–88. http://dx.doi.org/10.32914/i.51.3-4.6.
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The rapid development of computer technology, cloud-based services have become a hot topic. They not only provide users with convenience, but also bring many security issues, such as data sharing and privacy issue. In this paper, we present an access control system with privilege separation based on privacy protection (PS-ACS). In the PS-ACS scheme, we divide users into private domain (PRD) and public domain (PUD) logically. In PRD, to achieve read access permission and write access permission, we adopt the Key-Aggregate Encryption (KAE) and the Improved Attribute-based Signature (IABS) respectively. In PUD, we construct new multi-authority cipher text policy attribute-based encryption (CP-ABE) scheme with efficient decryption to avoid the issues of single point of failure and complicated key distribution, and design an efficient attribute revocation method for it. The analysis and simulation result show that our scheme is feasible and superior to protect users’ privacy in cloud-based services
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Watt, Horatia Muir. « When Societal Constitutionalism Encounters Private International Law : Of Pluralism, Distribution, and ‘Chronotopes' ». Journal of Law and Society 45 (juillet 2018) : S185—S203. http://dx.doi.org/10.1111/jols.12109.
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Zhang, Sen, Weiwei Ni et Nan Fu. « Differentially private graph publishing with degree distribution preservation ». Computers & ; Security 106 (juillet 2021) : 102285. http://dx.doi.org/10.1016/j.cose.2021.102285.
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Aguilar Grieder, Hilda. « Problemas de Derecho Internacional Privado en la contratación de seguros : especial referencia a la reciente directiva (UE) 2016/97 sobre la distribución de seguros = Private International Law problems of the international insurance contracts : the newdirective (UE) 2016/1997 about distribution of insurance ». CUADERNOS DE DERECHO TRANSNACIONAL 9, no 2 (5 octobre 2017) : 39. http://dx.doi.org/10.20318/cdt.2017.3863.
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Resumen: El presente estudio analiza uno de los sectores jurídicos más complejos de la contratación internacional: el de los seguros; en el cual existe una amplia variedad de contratos. En concreto, en el mercado asegurador se vislumbra una dispersión en el tratamiento, tanto de los problemas de competencia judicial internacional, como de los de Derecho aplicable. El tratamiento ante estos problemas depende, muy especialmente, del tipo de contrato de que se trate.Palabras clave: Unión Europea, Derecho Internacional Privado, contratos internacionales, contratación de seguros en el ámbito internacional.Abstract: This study analyses one of the most difficult problems of the international contract law: the law applicable to the insurance contracts and other contracts involve in the insurance market. In the insurance field there are different types of contracts, and the conflict of law rules and law applicable is different for each kind of contract. This led to a fragmentation of the conflict of law solutions relating to insurance.Keywords: European Union, Private International Law, international agreements, international insurance contracts
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Gombos, Katalin. « Rules of jurisdiction in the new Hungarian private international law ». Hungarian Journal of Legal Studies 61, no 1 (5 juillet 2021) : 52–70. http://dx.doi.org/10.1556/2052.2021.00285.
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AbstractOn 1 January 2018, a new act entered into force in Hungary. This act is the new code of private international law in Hungary. The basic purpose of this article is to present the jurisdictional rules of the new law. In the description I discuss how the new act differs from the rules of the old code. In addition, I focus on international and European trends in private international law. I also examine the extent to which the new Hungarian code complies with these trends, as well as discussing the peculiarities of the Hungarian regulation. The new Code uses the concept of jurisdiction as a rule for the ‘international distribution’ of cases and in the sense of public international law. Therefore, I also address in this article the definition of jurisdiction and other conceptual issues, the doctrines of immunity and the description of the jurisdictional system of the Code. I present the relationship between international, European and Hungarian rules which are relevant in private international law. In addition, I provide an overview of the novel system of jurisdictional rules in the Code.
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Kılınc, Numan, et Sevkiye Sence Turk. « Examination of Local Plan Changes from a Value Capture Perspective : Istanbul Case ». Sustainability 14, no 1 (29 décembre 2021) : 329. http://dx.doi.org/10.3390/su14010329.
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Local governments have an increasing tendency to capture the value increase occurring as a result of partial interventions into local plans. The basic acceptance behind this is that value definitely will increase as a result of partial interventions. However, all partial interventions always cannot lead to an increase in value. There can be also partial interventions in which the value does not change or even decreases. The aim of this study is to identify the value capture capacity of local plan changes as partial interventions, and to discuss this capacity in terms of the balance between betterment and compensation. Istanbul, which is one of the cities where the effects of neo-liberal policies are most intense and where local plan changes are common, was chosen as the study area. In the first stage of the study, the spatial distributions of 17,369 plan changes approved by the Istanbul Metropolitan Municipality Council between 2009–2018 were examined. In the second stage, the value capture capacities of the plan changes grouped by subject, were determined by interviewing 46 people working in different areas of the planning discipline. The findings of the study demonstrate that although the plan changes are spread throughout the metropolitan area, they are concentrated in the central and secondary central districts where the accessibility value is high. The interviewees emphasized that the plan changes made as a result of private-sector demand and the plan change for the improvement of the infrastructure increase the value of the land and that the plan changes within this scope have value capture capacities. On the other hand, according to the findings of the study, some plan changes reduce the value of the land because of restricting the property rights on the land. Plan changes in this group are needed to be compensated fairly and equitably. Thus, the balance between betterment and compensation would be achieved.
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De Marchis, Mauro, Gabriele Freni et Barbara Milici. « Experimental Evidence of the Discharge Law in Private Tanks Connected to Water Distribution Networks ». Procedia Engineering 154 (2016) : 115–22. http://dx.doi.org/10.1016/j.proeng.2016.07.428.
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Banu, Roxana. « ASSUMING REGULATORY AUTHORITY FOR TRANSNATIONAL TORTS : AN INTERSTATE AFFAIR ? A HISTORICAL PERSPECTIVE ON THE CANADIAN PRIVATE INTERNATIONAL LAW TORT RULES ». Windsor Yearbook of Access to Justice 31, no 1 (1 février 2013) : 197. http://dx.doi.org/10.22329/wyaj.v31i1.4321.
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In Tolofson v. Jensen, the Supreme Court of Canada determined that in most cases the law of the place where the tort occurred has exclusive authority to regulate all legal aspects related to it. In developing this choice of law rule, the Supreme Court relied on an analogy between Private International Law and Public International law. This allows Private International Law to claim a structural, neutral function in the distribution of legislative authority in the international realm and to ignore both private law and public law considerations. To best reveal the way in which the Supreme Court injected these limitations into Private International Law by reference to Public International Law, I show the striking similarity between the Supreme Court’s reasoning and several Private International Law writings at the end of the 19th century in Continental Europe. In the context of the extraterritorial tortious activity of multinational corporations, these limitations make Private International Law oblivious to arguments of Corporate Social Responsibility scholars showing that a multinational corporation may legitimately be regulated by the state of its headquarters, even for extraterritorial conduct. Overall, I argue that an overemphasis on legislative authority as a symbol of state sovereignty transforms Private International Law matters generally, and transnational torts in particular, in inter-state affairs, removed from the interests and pleas of the individuals and communities affected by them. Dans l’arrêt Tolofson c. Jensen, la Cour suprême du Canada a décidé que, dans la plupart des cas, la loi du lieu où le délit a été commis régit exclusivement tous les aspects juridiques qui s’y rapportent. Pour établir cette règle du choix de la loi applicable, la Cour suprême s’est fondée sur une analogie entre le droit international privé et le droit international public. Cela permet au droit international privé de réclamer une fonction structurelle et neutre au niveau de la distribution du pouvoir législatif dans le domaine international et d’ignorer tant les considérations de droit privé que les considérations de droit public. Pour mieux illustrer la façon dont la Cour suprême a inséré de telles restrictions dans le droit international privé par renvoi au droit international public, je démontre la similitude frappante entre le raisonnement de la Cour suprême et de nombreux écrits en droit international privé à la fin du 19e siècle en Europe continentale. Dans le contexte des activités délictueuses extraterritoriales des sociétés multinationales, de telles restrictions rendent le droit international privé insensible aux arguments des universitaires prônant la responsabilité sociale des entreprises selon lesquels une société multinationale peut légitimement être régie par l’État où est situé son siège social, même pour sa conduite extraterritoriale. Dans l’ensemble, je fais valoir qu’une trop grande importance accordée au pouvoir législatif comme symbole de la souveraineté étatique transforme les affaires relevant du droit international privé en général et les délits transnationaux en particulier en affaires interétatiques qui ne tiennent pas compte des intérêts et demandes des particuliers et collectivités qu’elles touchent.
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Preedy, Kara. « Fundamental Rights and Private Acts - Horizontal Direct or Indirect Effect ? — A Comment ». European Review of Private Law 8, Issue 1 (1 mars 2000) : 125–33. http://dx.doi.org/10.54648/264254.
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The contribution examines the distinction between horizontal direct and indirect effect of fundamental rights. The German concept of mittelbare and unmittelbare Drittwirkung with respect to Grundrechte (basic constitutional rights) and the ECJ's approach to private threats to the free movement provisions are analysed briefly. This analysis then allows for consideration of the validity and value of the distinction. Private autonomy and the question of competencies emerge as the main issues to be considered when applying fundamental rights to private acts. It is maintained that the respect for both private autonomy and for the distribution of competencies argue against the horizontal direct effect and in favour of an indirect approach.
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Korhonen, Outi, et Juho Rantala. « Blockchain Governance Challenges : Beyond Libertarianism ». AJIL Unbound 115 (2021) : 408–12. http://dx.doi.org/10.1017/aju.2021.65.
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This essay considers the ideological context of blockchain technology. This technology is often celebrated for its potential for decentralization, distribution, privacy, and a lack of intermediaries and coordinators for transactions and general governance. Because of these features, blockchain technology, and, in particular, its most famous inauguration—the bitcoin blockchain—is frequently identified with libertarianism. In this essay, we argue that the ideological context of blockchain technology is much more complicated. In addition to unraveling a number of background ideologies and their role in this technology, we raise the ontological issue concerning the relationship of ideology to technology. These matters have implications for, among other things, the approach that should be taken to blockchain's governance, as well as how international lawyers may approach this “foreign”-seeming phenomenon that has its proponents from the European Central Bank to the United Nations (not, however, forgetting the private sector nor the digital underground).
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Soldatos, Gerasimos T. « Law, Coercion and Socioeconomic Equilibrium ». Review of Economic and Business Studies 8, no 2 (1 décembre 2015) : 39–52. http://dx.doi.org/10.1515/rebs-2016-0002.
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AbstractThis paper investigates the economic conditions under which the performance of a Judiciary does not impede non-coercive fair socioeconomic allocations under “Strotz-myopia” regarding the law variable, i.e. under a static view of it in an otherwise dynamic context. The law, here, is the positive factor by which consumption volume is multiplied as a result of law introduction in an otherwise fully private social economy. Lexicographic preferences regarding the law is the keyword in establishing non-coercive equilibria either in the static context of a stone-age economy or in the dynamic context of a jungle economy, given in the latter the presence of farsightedness. Nevertheless, such equilibria are found here to exist even under myopia and regardless the presence of lexicographic preferences. We first detect them within a fully private social economy, and we next qualify them by introducing the Judiciary as state officials. The optimality regarding state finances imposes additional restrictions in establishing myopic noncoercive equilibria. In any case, an equilibrium will be stable if it is not influenced by the homotheticity or not of the preferences, i.e. by income distribution considerations. So, any suboptimal behaviour of the Judiciary should be attributed exclusively to the suboptimality of state finances: Macroeconomics does affect law administration.
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Nguyen, Van Van. « Legal Framework on Financial Activities of Private Higher Education Institutions in Vietnam ». European Journal of Business and Management Research 8, no 2 (15 mars 2023) : 120–25. http://dx.doi.org/10.24018/ejbmr.2023.8.2.1885.
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Under Vietnam law, the owners of private higher education institutions (“PHEIs”) established by Vietnamese or foreign investors with the purpose of providing educational services plays a crucial role in the “socialization of education sector” policy. The rules and regulations of Vietnam law are incomplete, inconsistent, ambiguous and cannot provide adequate protection for investors, education services users, and have not been able to create a safe environment for PHEIs to efficiently and stably operate in. Thus, it is necessary to continue with the research for sufficient rationales on the basis of practicality to establish this area of law. The contents of this article shall lay down the characteristics of PHEIs and their financial activities; regulations on the establishment, owner’s capital management, revenue collection, expenditures and profit distribution at PHEIs. This article also provides insights and recommendations to further finalize the legal framework on the financial activities of PHEIs in Vietnam.
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Kang, Eun-Hyeon. « Overview of the Revised Act on Private International Law Related to the International Jurisdiction of Kinship and Inheritance Relationship ». Korea Association of the Law of Civil Procedure 26, no 3 (31 octobre 2022) : 233–78. http://dx.doi.org/10.30639/cp.2022.10.26.3.233.
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The revised act on private international law was promulgated on January 4, 2022, by passing the plenary session of the National Assembly on December 9, 2021, and is implemented on July 5, 2022. This revision of private international law is intended to materialize Article 2 of the past private international law (Act No. 13759, before being fully amended as of January 4, 2022, hereinafter referred to as 'past private international law') about international judicial jurisdiction.
Many attempts have paid off, and this amendment contains new details and details of international judicial jurisdiction to the extent that it is a new enactment of the law. One thing to keep in mind when determining the international jurisdiction in domestic cases is that the person at procedural inferiority must be protected. In particular, in domestic non-litigation cases where there is no other party, the review must be made in terms of guaranteeing the basic procedural rights of persons who will become warded persons or minors who are not formal parties but are the actual parties who will receive the effect of the trial directly. Each case should be reviewed to determine the existence of international jurisdiction.
Since the revised private international law stipulates more political jurisdiction, especially in domestic cases, after the amended law goes into effect in the future, private international law is first applied to determine the existence of international judicial jurisdiction, and the In cases where the exercise is inappropriate, the case will be resolved in a way that faithfully embodies the idea of the distribution of international jurisdiction in individual cases by not exercising the jurisdiction as an exception. Through this, it is expected that the predictability of the court and the parties in international domestic cases can be greatly improved, and it is expected that it will greatly contribute to guaranteeing legal stability in the process. However, since international jurisdictional rules change with the times and circumstances, it is necessary to reexamine the international jurisdictional rules in the future.
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Storme, Matthias E. « The Foundations of Private Law in a Multilevel Structure : Balancing, Distribution of Lawmaking Power, and Other Constitutional Issues ». European Review of Private Law 20, Issue 1 (1 février 2012) : 237–53. http://dx.doi.org/10.54648/erpl2012013.
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Abstract: This contribution is, first of all, a reflection on the distribution of power in relation to private law in the context of multilevel government, on the one hand, and relativization of this power by a so-called law market, on the other hand. It is also a reflection on the notion that law is a balancing activity (balancing values or interests). The author argues in favour of maintaining a normative perspective instead of recognizing as law everything that pretends to be law. He also argues in favour of the classical separation of powers and discusses the legitimacy of lawmaking by the different branches of power. Notions like pluralism and diversity tend to hide political choices that undermine classical values as equality before the law and the application of the law of the land. After an analysis of the arguments in favour of or against a centralization of lawmaking power on the European level, the author argues in favour of a reversal of the actual principles of division of power between the European Union and the Member States and thus in favour of a European Civil Code (ECC) that may be amended by the Member States. Résumé: Notre contribution constitue d'abord une réflexion sur la distribution des pouvoirs en matière de droit privé dans un contexte de gouvernance à plusieurs niveaux d'une part et de relativisation de ce pouvoir par un soi-disant marché du droit d'autre part. C'est aussi une réflexion sur l'idée du droit comme activité de pesage (de valeurs ou intérêts). L'auteur défend le maintien d'une perspective normative plutôt que de reconnaître comme droit tout ce qui prétend l'âtre. Il défend une conception classique de séparation de pouvoirs et discute la légitimité de la production de normes juridiques par les différentes instances. Des notions comme pluralisme ou diversité tendent plutôt à cacher des choix politiques qui sapent des valeurs classiques comme l'égalité devant la loi ou l'application de la loi du territoire. Après une analyse des différents arguments pour et contre une centralisation du pouvoir de légiférer en droit privé au niveau européen, l'auteur défend une inversion des principes actuels de division de pouvoir entre l'Union et ses Etats membres, et dès lors en faveur d'un Code Civil Européen laissant aux Etats membres le pouvoir d'y apporter des variations.
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Caliman, Tiziana, et Paolo Nardi. « Technical efficiency drivers for the Italian water industry ». ECONOMICS AND POLICY OF ENERGY AND THE ENVIRONMENT, no 1 (juillet 2010) : 87–103. http://dx.doi.org/10.3280/efe2010-001008.
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The aim of this work is to introduce a first analysis concerning the relevance that ownership and financial structure, but also market dimension and business portfolios, have on the technical efficiency of Italian water utilities. Even though scholars have provided information on the influence of some dimensional or geographical variables, mono-utility character or ownership on efficiency, no paper, to the best of our knowledge, has ever considered the presence of all these hedonic variables as efficiency shifters or drivers. Antonioli and Filippini (2001) have not included ownership; Benvenuti and Gennari (2008) have included ownership and multi-utility strategy, but excluded the geographical dimension; Fabbri and Fraquelli (2000) have not included geographical location, business strategy or ownership; furthermore, most analyses of the Italian water sector have focused on the ATO level (investments, labour costs) and not on utility performances. We have estimated four heteroskedastic stochastic production frontiers: two different parametric models, where the hedonic dummy mono is either in the model as an additional variable or it is used to parameterize the variance of the inefficiency term; two competitive statistical formulations have also been introduced to specify the inefficiency component distribution, that is, the half normal and the exponential distributions. The most important findings of this paper can be summarized as follows. The labour, capital and other input elasticities are always highly significant, positive and quite stable in all the performed models, as expected for a well-behaved production function. The main results show that the mono-business strategy is not efficient; at the same time, operating water and sewerage together implies higher efficiency than water- only management. Theoretically, the population density can have an ambiguous effect on efficiency: on one hand, it could be more expensive to serve dispersed customers, but, on the other, it could generate congestion problems. It could be argued that the second effect prevails, therefore a higher density is accompanied by a higher inef- ficiency. The analysis points out that the variance of the idiosyncratic term is a function of the size of the firm, which is measured as the number of connected properties; the null hypothesis, that the firms use a constant returns-to-scale technology, has also been rejected. Considering the 1994 reform, it is possible to state that the integration of water and sewerage has substantially been positive; at the same time, the economies of scale and the ambiguity of density justify the division into provincial basins. The role of the private sector in the water industry, in agreement with previous literature, has neither a positive nor a negative impact on efficiency and ownership is simply not influent [obviously the quality of service should be considered, although the same indifference seems to emerge (Dore et al., 2001)]. Southern Italy suffers from a higher degree of inefficiency (also recently confirmed by Svimez, 2009), and this is probably the most important issue that has to be dealt with, because of the risks of drought and watering bans in those Regions during summer.
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Reynolds, Rocque. « The Police Logic of Balancing the Interests in Copyright Law ». Public Space : The Journal of Law and Social Justice 5 (9 décembre 2010) : 21. http://dx.doi.org/10.5130/psjlsj.v5i0.1874.
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This article examines the use of the phrase ‘balancing the interests’ in political debate relating to copyright law. I argue that this phrase no longer leads to broad debate on the proper balance to be struck between private, public and social interests in copyright law. Rather, today the phrase has come to represent a type of police logic which reflects the private interests of copyright owners and users as they already exist. Drawing on the work of Jacques Rancière I suggest that this balance of private interests may be upset by a strategy of ‘subjectivisation’ which challenges the existing distribution of social bodies by making new subjects appear. I conclude that the recent cases of Telstra Corporation v Phone Directories Company Pty Ltd1 and IceTV Pty Ltd v Nine Network Australia Pty Ltd2 represent a surprising and effective use of this strategy by reintroducing the ‘artist’ and the ‘maker’ into copyright law in such a way as to upset and displace the prior claims of copyright owners and users.
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Volobuyeva, O. « Rape : criminal proceedings of private or public prosecution ? » Uzhhorod National University Herald. Series : Law 2, no 77 (13 juillet 2023) : 144–48. http://dx.doi.org/10.24144/2307-3322.2023.77.2.24.
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The article is devoted to the problematic issues of implementing the provisions of the Council of Europe Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) into the criminal and criminal procedural legislation of Ukraine. It is noted that the norms of criminal and criminal procedural law regulate social relations related to the resolution of the most dangerous social conflicts. Legal norms are aimed at protecting the rights, freedoms and legitimate interests of the participants in these relations, in which private and public are combined. This issue is most acutely manifested in criminal proceedings regarding criminal offenses against a person’s sexual freedom and sexual integrity, a special type of which is domestic sexual violence, including rape. In particular, the problem is the definition of the border between private and public. The immediate prerequisite for the emergence of the mentioned problem was the submission to the Verkhovna Rada of Ukraine of a draft law that provides for the full implementation of the relevant provisions of the Istanbul Convention into the national legislation of Ukraine after its ratification. The authors of the draft law proposed to postpone criminal proceedings under Part 1 of Art. 152 (rape without aggravating circumstances), as well as Part 1 of Art. 153 (sexual violence) of the Criminal Code of Ukraine from the category of private prosecution to public prosecution proceedings. The article analyzes this proposal from the point of view of its consistency with other provisions of the Istanbul Convention, as well as with fundamentally important provisions of the national legislation of Ukraine. Attention is drawn to the contradiction of the proposal set out in the draft law with the constitutional rights of a person regarding the collection, storage, use and distribution of confidential information about him, subjecting him to medical, scientific or other experiments without his free consent. Arguments are given regarding the occurrence of significant obstacles in the implementation of pre-trial investigation and court proceedings in cases of this category without submitting a statement (complaint) of the victim.
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Serik Kozhanovich, Zhetpisov, Alibayeva Gulnara Aitchanovna et Dubovitskaya Olga Borisovna. « PROTECTION OF PERSONAL DATA IN THE ERA OF DIGITALIZATION : CONSTITUTIONAL AND LEGAL ASPECT ». Bulletin of the Institute of Legislation and Legal Information of the Republic of Kazakhstan 3, no 74 (27 septembre 2023) : 68–76. http://dx.doi.org/10.52026/2788-5291_2023_74_3_68.
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The article is devoted to the study of the constitutional and legal foundations for the protection of personal data in the era of global digitalization. The authors conducted a comparative legal analysis of international acts and modern Kazakhstani legislation regulating, first of all, constitutional rights to the protection of private life, including the right to family and personal secrets; as well as the right to secrecy of personal savings and deposits; the right to privacy of correspondence, including telephone conversations, telegraph and postal messages, and the like. This article presents international legal and national instruments that guarantee the provision and protection of the right to privacy in the era of global digitalization, and also analyzes the legislative guarantees of non-interference in private life (including guarantees of protection from surveillance of private life, and guarantees non-dissemination of information about it). The article substantiates the need to introduce appropriate measures and tools to effectively protect personal data in the process of their collection, accumulation, use on automated database servers from accidental or unauthorized access, modification/destruction, or leakage or distribution. In addition, the article analyzes questions about the need to expand the conceptual apparatus of constitutional law; the formation of new terminological systems that would cover the entire process of informatization and digitalization in relation to constitutional and legal institutions in the field of personal data protection. Based on the results of the analysis, the authors formulated problematic areas of constitutional and legal recognition and legal protection of personal data. Some proposals were also formulated to improve the national legislation in relation to privacy and an attempt was made to comprehend a new set of concepts in the constitutional and legal sphere associated with the digitalization of legal relations and, in general, with the emergence of a digital legal space and the expansion of digital rights.
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Davey, James, et John Coggon. « LIFE ASSURANCE AND CONSENSUAL DEATH : LAW MAKING FOR THE RATIONALLY SUICIDAL ». Cambridge Law Journal 65, no 3 (23 novembre 2006) : 521–48. http://dx.doi.org/10.1017/s0008197306007215.
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DIFFICULT questions of medical ethics are often made more complex in the real world by the intrusion of private law considerations. The end of life choices of a mentally competent but terminally ill patient may be influenced by the consequences for the financial well being of surviving dependants. In particular, attention is likely to be given to the effect on any life insurance cover in place. For many this will represent the greatest financial asset contingent on death. There has been considerable debate as to the proper response of public law to these issues, in both the criminal and regulatory fields. However, the prosecutorial, judicial and jury discretions that bound these rules limit their impact in practice. By contrast, the private law principles that govern the distribution of assets on death have been largely overlooked. This article redresses that imbalance.
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Wu, Meng, et Anthony Ang Sang Nang. « Blockchain-based Distributed Financial Trust Evaluation System and Operation Mechanism ». Journal of Innovation and Development 5, no 1 (24 novembre 2023) : 49–54. http://dx.doi.org/10.54097/jid.v5i1.11.
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The functioning of the present-day financial system relies on the movement of funds and information. DeFi (Decentralized Finance), utilising blockchain technology, possesses the capability to establish autonomous and trustworthy smart contracts that do not require the involvement of intermediaries for escrow and auditing purposes. This results in the creation of a financial system that is characterised by its openness and transparency, devoid of any form of identity-based discrimination, and accessible to all individuals. The utilisation of a private blockchain system facilitates enhanced efficiency, while concurrently ensuring the attainment of privacy and security objectives. Moreover, such a system aligns more closely with prevailing regulatory standards. The Coalition Chain has the characteristic of a scale-free network, with its nodes following a power law distribution. This work aims to investigate credit governance from the standpoint of group behaviour and provide optimisation solutions accordingly.
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Tjandra, Jonathan. « The Fragmentation of Property Rights in the Law of Outer Space ». Air and Space Law 46, Issue 3 (1 juin 2021) : 373–94. http://dx.doi.org/10.54648/aila2021021.
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Neither customary international law nor existing outer space treaties provide clear answers as to whether property rights can exist in outer space. In this Article, I will argue that under international law, there exists a fragmented system of property rights, namely, a right to use outer space with a limited right of exclusion. This interpretation is supported by an analysis of Roman private law and common law philosophical theories of property. However, I argue that this fragmented system of property rights is insufficient to deal with the problems of scarcity and unequal distribution of technology that arise from the unique context of outer space. Space law, property rights, Roman law, territorial sovereignty, national appropriation
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Cafaggi, Fabrizio. « Transnational Private Regulation of Environmental Sustainability through Commercial Contracts. Reassessing Contractual Governance in Global Supply Chains ». European Review of Contract Law 20, no 1 (1 avril 2024) : 25–76. http://dx.doi.org/10.1515/ercl-2024-2002.
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Abstract Sustainability standards are integrated and applied in global supply chains through transnational commercial contracts that have come to play a regulatory function in addition to the conventional exchange task. The design of the architecture of contracting, the coordination among contracts, and the content of sustainability terms along the chain is the result of the cooperation of different actors, led by one or more transnational corporations. The paper describes the distribution of private regulatory power according to the structures of the chains- hierarchical, relational, market -and its impact on the compliance with sustainability standards. It considers the qualification system that regulates entry, exit, and permanence in the chain and the Suppliers codes and General principles of sustainability specified in the general terms and conditions. These represent complementary direct and indirect private regulatory instruments that can be deployed to ensure compliance. The choice of instruments depends on the distribution of regulatory power among the private actors and their exercise. Privity of contract makes it often difficult if not impossible direct regulation by the chain leader and obliges decentralization of regulatory power. The analysis shows that only the complementarity between the two sets of instruments enables control of compliance in complex chains whose actors operate across different jurisdictions with the use of sanctioning and remedial powers. The article analyzes how26 principles of effectiveness, proportionality and dissuasiveness may contribute to a fair and non discriminatory exercise of private regulatory power related to the implementation of sustainability standards through contracts.
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Saunders, Melanie K. « Mining on Celestial Bodies : The Equitable Distribution of Benefits Doctrine and Distributive Justice ». Australian Year Book of International Law 36, no 1 (1 octobre 2019) : 195–238. http://dx.doi.org/10.1163/26660229_03601010.
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Abstract The United States and Luxembourg have recently legislated to permit the acquisition of private property rights over celestial resources mined by private actors. Considering these developments, this note will consider an element of the Common Heritage of Mankind under international space law: the equitable sharing of benefits doctrine. It proposes a formulation of the doctrine that entails material and equitable distribution of economic benefits derived from space mining among all States, ensuring that space is utilised in a manner delivering a tangible collective benefit. It suggests that this doctrine presently lacks the preconditions to amount to an international legal principle erga omnes, and therefore considers how it may develop into a binding juridical standard through analysing an existing model of equitable sharing in an analogous context: the deep seabed. Accordingly, this note conceptualises an international legal framework that delivers an effective mechanism for the redistribution of wealth obtained from mining celestial resources, and that will enhance the compliance of States and private actors with principles of equitable sharing.
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Turnip, Daniel Zabanax, et Emir Syarif Fatahillah Pakpahan. « Protection of Private Broadcasting Institutions Rights PT. Rajawali Citra Televisi for Television Broadcast Distribution Without Permission ». Journal of Sosial Science 3, no 4 (28 juillet 2022) : 841–50. http://dx.doi.org/10.46799/jss.v3i4.380.
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In the fourth industrial revolution era, the world is focusing on digital technologies. The development of this technology has forced the Government to meet the needs of all people. Meeting this need requires state intervention that aims to balance the interests of the Creator with the interests of society and the State itself. The interests of the Creator are the protection given by the State to a copyrighted work. This protection is essential to encourage creative people's interest in innovation, which is expected to provide shows that are entertaining, educational, and capable of educating all Indonesian people. This protection also makes a copyrighted work of economic value to every Creator. The problems discussed are how to regulate Copyright in Indonesia, regulate broadcasting rights in Indonesia, and legal protection provided by the Government to related rights to television broadcasts without permission in Decision Number 34/Pdt.Sus-HKI/COPYRIGHT/2019/PN Niaga Jkt.Pst .The research method uses juridical law research methods. This research is a descriptive analysis that reveals. The results of study show that has been done, legal protection of the exclusive rights of creators of phonogram broadcasters seems to have been regulated in Law Number 28 of 2014 concerning Copyright.
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David, Matthew, et Jamieson Kirkhope. « New Digital Technologies : Privacy/Property, Globalization, and Law ». Perspectives on Global Development and Technology 3, no 4 (2004) : 437–49. http://dx.doi.org/10.1163/1569150042728884.
Texte intégralRésumé :
AbstractThis paper addresses attempts to locate and dislocate music audiences in the context of global commercial, legal, and technical developments. The 2001 legal decision against Napster in the United States found the file share service company guilty of copyright infringement. This precedent appeared to support the recording industry. However, such legal frames have been bypassed by new softwares. Supporters see such global networks of sharing and distribution as undoing corporate control. The recording industry has responded with parallel claims of having encryption and surveillance technologies capable of globally reregulating property. However, as this article shows, there is no technical necessity and that total freedom and total enforcement are impossible. Just as globalization is reified into an inevitable process of deregulation in one instance and at the next moment it is reified into an indispensable regulatory regime, so new electronic media and global electronic networks promote neither regulation or deregulation, except in so far as the balance of social forces at any one time interprets and enacts them in such ways.
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Levine-Schnur, Ronit, et Avigail Ferdman. « On the Just Distribution of Land Use Rights ». Canadian Journal of Law & ; Jurisprudence 28, no 2 (juillet 2015) : 317–42. http://dx.doi.org/10.1017/cjlj.2015.30.
Texte intégralRésumé :
The current system of decision making in land use law is not transparent and is open to biased or personal corruption. This gives rise to the possibility of unequal treatment under the law, especially given the judicial reluctance to interfere in reviewing the decision making process. Our solution is an auction mechanism to overcome these problems, under which the local government would be bound to award land use rights to the highest bidder and where offers will be examined in light of their contribution to the society’s best interest. Such mechanism has possible benefits in terms of transparency and insurance against favouritism or arbitrariness. The auction mechanism proposes the use of a simple metric (i.e., revealed private value of the competing claims) by which the local government can give a transparent, non-arbitrary, observable, and verifiable response. This mechanism, so we argue, treats each and every person’s choices with equal concern and respect. In this sense, the auction is procedurally fair by being conducted between potential bargainers that enjoy equality in background conditions and when means for offsetting brute bad lack are utilized.
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Hrynko, S. D. « The contract as a basis for obligations under Roman private law ». Analytical and Comparative Jurisprudence, no 3 (18 juillet 2023) : 22–26. http://dx.doi.org/10.24144/2788-6018.2023.03.3.
Texte intégralRésumé :
The article is devoted to the characteristics of the contract as a basis for the emergence of obligations under Roman private law. It was established that the concept of «agreement» was not characteristic of ancient Roman law. The agreement of two or more persons on the creation, change or termination of the legal relationship was based on a contract or pact. A contract with legal protection was recognized as a contract. A pact was a contract, as a rule, without legal protection and legal significance, therefore the fulfillment of the obligation depended on the good faith of the counterparties, their moral qualities, and not on the prescription of positive law.An essential feature of the concept of a contract was an agreement between two people to establish a binding right, therefore the contract was considered a type of legal transaction. According to Roman jurists, a contract is an agreement between two or more persons to establish, change or terminate a civil legal relationship (rights and obligations). The agreement of the parties could be reached either by thing, or by letter, or by messenger, if the parties are not in the same place; even tacit consent.According to Roman law, it was not necessary to give each contract a special meaning, so the most common contracts had a special name.It was concluded that the Roman contractual system was characterized by strict typification. Belonging to the appropriate type (kind) of the contract was determined by clarifying the claim that could be filed for such a legal relationship.The system of contracts in Roman law is divided according to the methods of protection into contracts and pacts. Contracts were divided into named and anonymous; formal and material contracts were distinguished among nominal contracts; formal contracts included verbal and literal contracts, and material contracts included consensual and real ones; according to the distribution of rights and obligations between the parties into unilateral and bilateral; according to the criterion of reciprocity for paid and free; according to the probability of satisfaction of the creditor’s property interest, risky or aleatory contracts were distinguished. Pacts were divided, depending on the legal protection, into clothed pacts (contracts with the right of action) and bare pacts (contracts that did not receive a claim).
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De Marchis, Mauro, Gabriele Freni et Barbara Milici. « Experimental analysis of pressure-discharge relationship in a private water supply tank ». Journal of Hydroinformatics 20, no 3 (21 mars 2018) : 608–21. http://dx.doi.org/10.2166/hydro.2018.135.
Texte intégralRésumé :
Abstract In Mediterranean countries, users are often equipped with private tanks, which provide a temporary water storage capacity, able to compensate service interruptions due to either scarcity or irregularity of water supply. In the presence of private water storage, water supply is no longer linked to users' consumption and network-operating conditions can be off-design, therefore specific models have to be introduced in simulation models of water distribution networks. Here, a new mathematical model is proposed that is able to reproduce a tank's emptying/filling cycles. Specifically, by means of experimental analysis, a hyperbolic tangent law was tested to reproduce the filling process for private tanks. The flow rate is calculated by means of the classical Torricelli law, in which the float valve emitter coefficient and the valve area are calculated using a function that takes into account the water level within the private tank. The comparison obtained through the mathematical model and those observed from experiments confirmed the ability of the model to predict the flow rate balance within private tanks. The results show that the model is suitable for any length of float valve branch. The mathematical system can be easily used in a transient model to correctly estimate the supplied demand.
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Albornoz, María Victoria. « Reflexiones generales sobre constitucionalización del derecho privado, defensa del consumidor y responsabilidad de la persona jurídica ». Revista de Derecho Privado │Universidad Blas Pascal 10, no 10 (12 décembre 2023) : 37–48. http://dx.doi.org/10.37767/2362-5325(2023)003.
Texte intégralRésumé :
Nuestra Constitución Nacional se ha postulado decisivamente por la Constitucionalización del Derecho Privado, a partir de su reforma. La introducción de los nuevos derechos y garantías, como así también de los derechos humanos /ART. 75 INC. 22 C.N), platean la adecuación del Derecho Privado a estas nuevas fuentes de jerarquía supranacional.Respecto del derecho del consumidor, la preeminencia de la Ley 24.240 está dada por su proximidad a la C.N, en particular en el campo del derecho del consumo.La categoría de consumidores en situación de vulnerabilidad agravada, hablare de consumidores que por diversas razones se encuentran en situación de marcada inferioridad, inferioridad que puede obedecer a diversas razones, como la edad, el idioma, los recursos económicos, etcétera.Por otro lado encontramos la intermediación de las plataformas de comercio electrónico, conectando a partes que normalmente no se conocen, ni tienen contacto físico entre ellas. Por ultimo poder determinar cuándo deberá responder civilmente la persona jurídica por los daños causados a terceros y cuándo podrá ser extensiva a sus miembros, administradores o representantes, etc.Cabe concluir hablando de una nueva manera de comercialización, el contrato de distribución comercial y su interpretación en el Código Civil y Comercial. Surgiendo así una nueva red de comercialización entre productores y distribuidores de productos y servicios. Abstract Our National Constitution has been decisively postulated by the Constitutionalization of Private Law, since its reform. The introduction of new rights and guarantees, as well as human rights / ART. 75 INC. 22 C.N), platean the adequacy of Private Law to these new sources of supranational hierarchy. With regard to consumer law, the pre- eminence of Law 24.240 isgiven by its proximity to the C.N, in particular in the field of consumer law. The category of consumers in a situation of aggravated vulnerability, I will speak of consumers who for various reasons are in a situation of marked inferiority, inferiority that can be due to various reasons, such as age, language, economic resources, etc. On the other hand we find the intermediation of e-commerce platforms, connecting parties that normally do not know each other, nor have physical contact with each other. Finally, to be able to determine when the legal entity must respond civilly for the damages caused to third parties and when it may be extended to itsmembers, administrators or representatives, etc. It is possible to conclude by talking about a new way of marketing, the commercial distribution contract and its interpretation in the Civil and Commercial Code. Thus emerging a new marketing network between producers and distributors of products and services.
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De Marco, Paulo, Rodrigo A. de Souza, André F. A. Andrade, Sara Villén-Pérez, Caroline Corrêa Nóbrega, Luiza Motta Campello et Marcellus Caldas. « The value of private properties for the conservation of biodiversity in the Brazilian Cerrado ». Science 380, no 6642 (21 avril 2023) : 298–301. http://dx.doi.org/10.1126/science.abq7768.
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Areas set aside for conservation within private lands may be key to enhancing biodiversity-friendly landscapes. This conservation strategy should be especially effective in highly threatened regions that are poorly protected by public lands, such as the Brazilian Cerrado. Brazil’s Native Vegetation Protection Law has included set-aside areas within private properties, but their relevance to conservation has not been evaluated. We assess whether private lands are contributing to biodiversity in the Cerrado, a global biodiversity conservation priority and major region for food production, where land use conflicts are often at odds with conservation objectives. We determined that private protected areas accommodate up to 14.5% of threatened vertebrate species ranges, which increases to 25% when considering the distribution of remaining native habitat. Moreover, the spatial spread of private protected areas benefits a large number of species. Ecological restoration of private protected lands would improve the benefits of this protection system, especially in the Southeastern Cerrado, where a large economic hub meets a threat hotspot.
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Azizov, Khudoykul. « INVIOLABILITY OF THE RIGHT OF OWNERSHIP OF SUBJECTS OF BUSINESS ACTIVITY ». Jurisprudence 2, no 3 (19 juillet 2022) : 65–73. http://dx.doi.org/10.51788/tsul.jurisprudence.2.3./qztl8541.
Texte intégralRésumé :
The article examines the main problems associated with the consolidation of the most important fundamental right in the constitution of the state – the right of private property, suggests approaches to identifying the content of the constitutional principle of inviolability of property, considers the possibility of distinguishing between subjective property rights and the corresponding sectoral (civil law) law, analyzes the features of regulation of private property rights in relation to the most important (constitutional) property objects. The author focuses on the civil law principle of inviolability of property, which arises with objective inevitability and ensures both the legality of a person’s connection with a thing and its continuous functioning. However, as the article emphasizes, for the effective implementation of this key principle, it is necessary to see and take into account the social function of property rights associated with the fair distribution of resources and the affirmation of the spiritual principles of modern civil society. Objective: to trace the patterns of civil law regulation of relations related to the forced termination of property right;. to develop scientifically-based recommendations for improving this institution in order to effectively implement the principle of inviolability of property and taking into account both the material and social aspects of its manifestation. Also practical examples related to the restriction of freedom of entrepreneurial activity and violation of the inviolability of private property, solutions to eliminate problematic situations are given.