bluuebunny/crossref_metadata_2025 huggingface dataset:
Desigualdades en contextos de desastres socionaturales: reflexiones desde el habitar interseccional de mujeres lideresas
Authors: Vergara Saavedra Paulina , Fuster-Farfán Xenia , Miranda Pérez Fabiola
Published: June 2022

Este estudio se propone aportar a las discusiones sobre género y desastres a partir de una reflexión sobre el habitar interseccional que permitirá releer los procesos de emergencia y reconstrucción, identificando cómo los desastres afectan de manera diferenciada y desigual las experiencias de las personas damnificadas. A partir de un trabajo etnográfico, de grupos focales y de entrevistas, se analiza la experiencia situada de tres mujeres, habitantes de los territorios de Llico, Arauco y Constitución, que lideraron a sus comunidades tras el terremoto y maremoto de 2010 en Chile. A través del análisis interseccional se identifican en los relatos tres niveles del espacio habitado, el cual no solo es apropiado y vivido por las mujeres, sino también agenciado y utilizado como un recurso de organización y ejercicio del poder: la vivienda, el barrio o entorno próximo y la ciudad o localidad. Segundo, la división sexual del trabajo tensiona a las mujeres a asumir dobles roles para poder “reconstruir” sus esferas productivas y reproductivas. Finalmente, se evidencian formas de ejercicio del poder y de organización social en las que, ante la desigualdad de poder, las mujeres contrarrestan dicha asimetría con trabajo en red para responder a las necesidades de sus comunidades.
Más allá de Tutankhamon: Orientalismo en los márgenes de la egiptología
Authors: Salem Leila
Published: June 2022

Víctor Mercante, pedagogo argentino, publicó en 1928 Tut-Ankh-Amon y la Civilización de Oriente luego de viajar a Egipto tras el hallazgo de la tumba del faraón por Howard Carter. En este trabajo analizamos la obra de Mercante, en tanto precursor de la Egiptología en Argentina; además, como docente y educador de Historia Antigua en la Universidad Nacional de La Plata. Se examina qué es lo oriental en Mercante y cómo reproduce o se diferencia de la producción académica Occidental, el epicentro de la Egiptología. Sus interpretaciones están condicionadas por las ideas orientalistas, que son tomadas por la disciplina, en un contexto de difusión y disputa por los artefactos del antiguo Egipto.
Postguerra y reajustes sociales: la criminalidad común en la provincia de Pinar del Río, Cuba (1944-1951)
Authors: León Iglesias Juana Marta
Published: June 2022

El presente artículo se propone analizar el trasfondo económico y sociocultural del comportamiento de los delitos contra la propiedad,

el orden público y las personas, así como de su represión judicial y policíaca en la provincia cubana de Pinar del Río entre 1944-1951. Las fuentes principales fueron los expedientes judiciales, la prensa escrita y las hojas histórico-penales de las cárceles, con las que reconstruyeron las estadísticas delictivas del período. Entre las causas de la ocurrencia de estos delitos y su persecución se encuentran los procesos de reajuste social ocurridos tras la Revolución del 30, la situación económica generada tras la Segunda Guerra Mundial, las consecuencias de la ejecutoria de los gobiernos del Partido Revolucionario Cubano (Auténtico) y los seculares procesos de discriminación racial que marcaron la actuación de la policía y las instituciones de justicia.
Rapto femenino y 'saber-hacer en situación judicial'. Provincia del Maule, Chile, 1826-1857
Authors: Brangier Víctor , Fernández N. María Elisa
Published: June 2022

El artículo aborda la gestión social de figuras jurídicas en juicios por rapto femenino. El escenario escogido corresponde a la provincia del Maule, en la zona central de Chile, durante la primera mitad del siglo XIX. En este contexto de “justicia de proximidad” se pretende analizar la relación entre el empleo de esos recursos de derecho y los intereses sociales que los motivaban. La investigación examinó una muestra de 16 expedientes judiciales por rapto femenino, seleccionando un estudio de caso representativo. El trabajo contribuye a la discusión sobre judicialización de conflictos intrafamiliares en contextos de justicia de proximidad. Enfatiza los nexos entre intereses preexistentes y saberes prácticos de litigantes mujeres, para comprender el origen y desarrollo que tuvo este tipo de juicios.
Analisis Faktor Minat Kunjungan Wisata Terhadap Strategi Pengembangan Pariwisata Pantai Mutiara Indah Di Desa Tanjung Limau Kecamatan Muara Badak
Authors: Haeruddin Haeruddin , Sabtohadi Joko , Luthman Awang Yacoub
Published: June 2022

Abstract:The purpose of this research is to determine the significant effect of attraction on the interest of visit Mutiara Indah Beach in Tanjung Limau Village Muara Badak and to know the significant influence of the facility on the interest of visit Mutiara Indah Beach in Tanjung Limau Village Muara Badak. Based on the analysis and discussion of data on respondents' appraisal of factors comprising attractiveness, facilities, infrastructure, transportation, and comfort to the interest of tourist visit at Mutiara Indah beach at Tanjung Limau Village Muara Badak subdistrict can be concluded that variable of attraction, facility , infrastructure and transportation significantly influence the interest of tourist visit Keywords: Factor Analysis, The Interest of Visit, Tourism Development Strategy
Pengaruh Kepercayaan Merek, Komitmen, Kepuasan Nasabah Dan Kualitas Pelayanan Terhadap Loyalitas Nasabah Pada PT. Bank Central Asia Tbk. Cabang Tenggarong
Authors: Raharjo Sugeng , Wulandari Tria
Published: June 2022

Abstract:The Problems that occurred at PT. Bank Central Asia Tbk. Tenggarong Branch, there are some problems that must be fixed such as Lack of Customer Confidence where there is a passive account and minimum balance, that is with initial deposit balance Rp.500.000, and Balance held / minimum of Rp.50.000, and where the Passive Account (Dormaint) will be closed Themselves within 3 months, and the Bank has not been able to provide more facilities to its customers, which is a parking facility that is not adequate enough to park the vehicle Customer, as well as the place for transactions between the Customer With the bank has not been maximized, ATM and Office are made into one room. So lack of Attention from the bank, on the services provided to customers to use the Service back.The main objective of this research is to find out how much influence Brand Trademark, Commitment, Customer Satisfaction, and Service Quality affect Customer Loyalty that already exists at PT. Bank Central Asia Tbk. Tenggarong Branch. Keywords: Brand Trust, Commitment, Customer Satisfaction, and Service Quality Against Customer Loyalty
Cooperative federalism VIS-À-VIS government policies in India
Authors: Kulashri Kartikey , Diwakar Mansi , Bharadwaj Manish , Uniyal Vaibhav , Kumar Amit
Published: June 2022

This study is an assessment to understand the current nature of Indian Federalism. The country has various forms of government and works in their respective fields and powers. This article explores the concept and meaning of federalism. Further, it also expresses the policies related to federalism followed by respected governments within the purview of India. The study considers the works of governments, governing powers, and the overall implementation of Central Sponsored Schemes regarding the administration of policy on the part of state governments. It is important to research as there is limited information about the same and it also includes the survey within the country. The object of this research is to determine the actual condition of federalism in the country with special reference to central sponsored schemes. And what else it requires to be better in the same components. The research might help for the betterment of working of the government policies mentioned therein.
Issues and challenges of brain tumor segmentation methods using MRI images
Authors: Madhu G. C. , Venkatesh Uriti Sri , Diwan Supriya P. , Chavan Hemant Pandharinath , Saravanakumar C , Sakhare D. T.
Published: June 2022

Segmenting brain tumours is a critical part of medical image processing. Early detection of brain tumours is critical for enhancing treatment options and boosting the overall survival percentage of patients. When it comes to cancer diagnosis, manual segmentation of the brain tumours from huge amounts of MRI data obtained in clinical practise may be complex and time intensive. Automatic tumour picture segmentation is required. This article provides a basic introduction to the brain and the many disorders that might arise in it. This paper clearly outlines the differences between benign and malignant brain abnormalities. Conventional methods for detecting and sizing brain tumours are also discussed in this study Techniques for diagnosing and treating a brain stroke are also discussed in detail. For the identification of brain tumours and strokes, present algorithms have certain limitations.
Pollution of soils in Sulaymaniyah district \ Kurdistan of Iraq with heavy metals
Authors: Palani Nakhshan M R , Issa Hayder M. , Mahmoud Muhammad Sh.
Published: June 2022

Sulaymaniyah district is located in northeastern Iraq, Between latitudes (ᴼ35,′16,″50-ᴼ35,′47,″30) in the north and longitudes (ᴼ44,′57,″20-ᴼ45,′44,″03) east, its area is (1,407 km2), Administratively represented by the center of The city of Sulaymaniyah and its sub-districts (Bazian, Tanjaro, Bakrajo). The district suffers from high concentrations of polluting elements in the soil due to natural factors and various human activities. Therefore, The research aims to assess the environmental assessment of the soil by identifying the sources of soil pollution with several chemical elements and heavy metals, And the assessment was carried out according to the polluting elements For the soil and according to the administrative units of the Sulaymaniyah district, Due to the dangers of its increasing concentrations and stability in the environment in general and soil in particular. The samples were divided into the center and its sub-districts (Bakrajo, Bazian, Tanjaro) for the month of July of the year (2020), Through which a group of chemical elements polluting soil was studied, amounting to (18) elements and they were analyzed in the laboratory, using the (XRF device) to detect concentrations metal in Soils.
Increase of fake Covid-19 vaccination card and test certification
Authors: Shohreh Ghasemi  , Zohreh Mortezania  , Maryam Mohammad alizadeh Chafjiri  , Mahmood Dashti
Published: June 2022

Vaccination against Covid-19 is the only way to stop the pandemic from spreading anymore, but there have been numerous reports of people getting fake vaccination card and it is been increasing so far. By using a fake vaccination card, people will stop using mask and protective equipment, without any immunity protection. This will only result in an increase in the speed of spread of virus and the next wave of pandemic will hit us even harder.
NUTRITION EDUCATION INTERVENTION AND FAST FOOD BEHAVIOR IN INDIA
Authors: JAİSWAL Ajeet
Published: June 2022

In recent years, fast-food (FF) consumption and obesity / overweight have become more frequent. The influence of a nutrition education intervention on Indian children's and parents' use of western-style-fast-food (WFF) was studied in a community-based intervention study. Two hundred and eight children aged four to six years old, as well as their parents, were selected at random from four daycare kindergartens in Varanasi, Uttar Pradesh. The Initial (I), midterm or metaphase (M), and final (F) WFF knowledge, attitude, and practice were evaluated using statistical methods (descriptive and analytical) to identify and compare both parents' and children's knowledge, attitude, and practice. Children and their parents were divided into "case" and "control" groups as per their nutrition knowledge or educational status. During breakfast, Indian children and parents do not consume a lot of WFF. The fact that WFF is considered as a "present, i.e. gift" or "interesting" rather than a "meal" is the major cause of this among youngsters. Weekends are when young people are most likely to consume WFF. The parents' WFF were significantly influenced by nutrition education (p 0.01), but not the children's. Indians, particularly children, should be taught healthy eating practices. Families' perspectives may lead to future research and nutrition education programmes.
THE SHIFT FROM INTERNATIONAL TO GLOBAL HEALTH POLICY: ACTORS, FRAMEWORKS, AND CHALLENGES
Authors: GÜÇLER Arda
Published: June 2022

During the last two decades, particularly with the acceleration of globalization, there has been a proliferation of new actors in the field of global health. This resulted in a shift from international health governance (IHG) model, which recognizes nation state as the core actor, to global health governance (GHG) model, which incorporates civil society organizations and businesses. This article will explore this shift from IHG to GHG from multiple angles. It will first shed light on the historical origins of this phenomenon and then analyze the role of each actor that constitute these models. This will be followed by an assessment of the tension between vertical and horizontal approaches to global health policy. The article will finally underline the main challenges that are ahead of global health governance. These challenges are neglected tropical diseases (NTD), social determinants of health (SDH), public private partnerships (PPP), and intellectual property rights (IPR).
Self-Management Competencies and Employee Effectiveness: A Conceptual Review
Authors:   Rivers State University, Nkpolu-Oroworukwo, PMB 5080, Port Harcourt, Nigeria, Gbarale Dr. Korsi
Published: June 2022

Self-management practices are useful in enhancing the behavior that is desirable for the employees at workplace, and controlling the behavior that is undesirable and which may arise from impulses, innate habits and behavior learned due to upbringing. Self-management differentiates from management relying on strong supervisor involvement because it is conducted without the immediate presence of external control. Successful self-management can be very beneficial for organizations, as it can enhance job satisfaction, attendance, self-efficacy, job performance, learning and career success, as well as improve work behaviors such as learning, attendance and task performance. For employees, self-management at workplace means that they are responsible for determining approaches to task execution as well as monitoring and managing their own behaviors. This paper examines the impact of self-management competencies on employee effectiveness. It is conceptual in nature and thus adopts a desk research approach by reviewing extant literature. Keywords: Self-Management, Employee Effectiveness, Self-Regulation, Self-Leadership, Self-Awareness
Epidemiological and clinical profile and trend analysis of hospitalizations for fall-related injuries among older adults, Alagoas (Brazil), 2008–2019
Authors: Machado Michael Ferreira , Lima Roberta Souza , Correia Daniel Martins , Soares Érika de Fátima Machado , Melo Mônica Thalia Brito de
Published: June 2022

Objective: To analyze the epidemiological and clinical profile and the time trend of hospitalizations for fall-related injuries among older people (aged 60 years or older) in Alagoas between 2008 and 2019. Methods: This is a time series study with data collected from the Hospital Information System of the Unified National Health System (SIHSUS) referring to hospitalizations for fall-related injuries among older adults in Alagoas between 2008 and 2019. Hospitalization and lethality rates, average annual percent change (AAPC), and annual percent change (APC) were calculated; time trends were analyzed using a Joinpoint Regression Model according to sex, skin color, age range, and causes. A 95% confidence interval (95%CI) was adopted. A p-value<0.01 was adopted for defining statistical significance. Results: In Alagoas, 14 817 cases of hospitalizations due to fall-related injuries were reported among older people in the analyzed period. The highest incidence rate was observed in 2016 (48.39/10 000 inhabitants). There were 517 deaths, and the mean lethality rate was 3.4%. A higher proportion of cases was seen in men (66.36%; n=9832), those aged 80 years or older(34.59%; n=5125), and with Brown skin (54.70%; n=8106). The incidence coefficient varied, showing an upward trend with time (APC: 4.1; 95%CI 0.2–8.2; p<0.01). Conclusion: During the analyzed period, the study showed a higher incidence in individuals aged 80 years or older, men, and found an upward trend in hospitalizations. We suggest the optimization of hospital care and promotion of fall prevention programs among older adults.
Can Network Infrastructure Construction Alleviate Corporate Financing Constraints?
Authors: Pang Qiannan
Published: June 2022

T The construction of network infrastructure is conducive to promoting enterprises to ease financing constraints, which is of great practical significance for optimizing the allocation efficiency of enterprise factors and promoting high-quality economic development. Based on the perspective of information asymmetry, taking the "Broadband China" pilot as a natural experiment, using the data of Chinese listed companies from 2009 to 2020, and using the multi-period double difference method to empirically test the impact of network infrastructure construction on the constraint level of enterprise financing and verify its internal mechanism. The study found that the construction of network infrastructure helps to alleviate the financing constraint level of enterprises. Heterogeneity analysis shows that the policy significantly alleviates the financing constraints of large-scale enterprises, but the impact on small and medium-sized enterprises is not significant. The conclusions of this paper not only broaden the perspective of "new infrastructure" research, but also provide reliable empirical evidence and policy implications for the impact of network infrastructure construction on micro-enterprise behavior.
"Insurance Plus Futures" Will Boost Targeted Poverty Alleviation
Authors: Deng Huanna
Published: June 2022

Once the model of "insurance + futures" was put forward, it aroused great attention from the government. In recent years, the variety of "insurance + futures" products and the expansion of pilot areas have effectively promoted the process of targeted poverty alleviation and contributed to the development of rural revitalization. Taking Apple project in Lixian County, Gansu Province as an example, this paper elaborates the launch background, operation mechanism, existing problems and promotion suggestions of "insurance + futures" in detail.
Study on Tiny Object Detection
Authors: Song Jiahao
Published: June 2022

Object detection has been one of the most challenging tasks in computer vision and a hot research topic in the world. With the rapid development of in-depth learning technology, researchers have obtained abundant research results in the field of object detection. However, most of the current mainstream object detection methods are based on the modeling of normal scale objects, and the performance of these methods is seriously degraded when they are directly applied to the detection of tiny objects, because the real scene is changing and unknown, and generally there are problems such as object occlusion, close connection and different scales. In this paper, the existing detection methods of tiny objects are summarized.
Research on the Application of Computer Artificial Intelligence Technology in Environmental Art Design
Authors: Yi Fu , Hao Tan
Published: June 2022

Based on the computer virtual simulation technology, the article collects the original data of the environmental art design and then performs the edge processing of the environmental data and generates a three-dimensional environmental design system. At the same time, we use the large terrain environment database management model to realize the management of the database in the environment. In the process of 3D virtual reproduction of the environment, the 3D scene of the environment is shaped by the Vega driver software. The research found that the environment reproduced by the proposed method is more realistic and intuitive, and interactive operation can be realized. The article has achieved satisfactory results.
Research on intelligent management of campus water supply system based on mathematical model
Authors: Duan Luling , Cai Hongguo
Published: June 2022

The campus water supply system is an important part of the campus utilities. This paper studies the campus water supply management from the water supply data obtained from the smart water meter of a university campus in China. It used the mathematical modeling method to analyze the water consumption characteristics of each functional area of the campus, drew a mind map of the hierarchical relationship, and made a line graph of water consumption in each area with the change of month, established a model between each water meter data, and obtained the hierarchical relationship and model error of the campus water meter. For the leakage of the water transmission network, a leakage rate model was derived to help the school address the leakage problems that exist.
Research on the Application of Digital Application Technology in Computer Vision Communication Design
Authors: Yu Ying , Zhang Sen
Published: June 2022

With the development of computer technology, new changes have appeared in the design of computer graphics and images, and more attention has been paid to visual communication, and the connection with visual communication design is getting closer. The article analyses the design of computer graphics and visual communication. After that, the computer image visual communication system is designed and the function of this system is analysed. Finally, the designed computer graphics visual communication system is tested. Through experimental analysis, the packaging designed by this system has good visual communication and perspective effects.
Application of projection pursuit method based on accelerated genetic algorithm for evaluation model
Authors: Yu Ding
Published: June 2022

In view of the evaluation decision-making problems of multi-index system such as supplier comprehensive evaluation, this article adopts the method of dimension reduction, namely using projection pursuit method based on accelerating genetic algorithm optimization. The algorithm can optimize the projection vector, let the high dimensional data through a certain combination of projection into the low dimensional subspace, and obtain the score of the sample from the projection function, so as to make scientific decision. This model avoids the interference of subjective factors to a large extent, and the evaluation results are more accurate and reliable, which provides a new method and thought for other evaluation and decision problems.
Research on the Application of Computer Big Data Technology in the Visual Communication of Sports Tennis Live Broadcast
Authors: Duan Jinming
Published: June 2022

This article introduces the realization of visual communication of sports tennis live broadcast system based on video splicing technology. First, the image is pre-processed, and then the SURF algorithm is used for image registration and splicing of the video image and the spliced image is merged. This article proposes a method for determining hot spots in panoramic videos based on motion foreground extraction. This method can smoothly track hot spots for extraction to achieve real-time sports tennis live broadcast. The implementation of this system saves manpower and financial resources in the process of live video streaming.
COVID-19 SIR network modeling and prediction
Authors: Lv Yilin , Shi Maoting , Hu Qiao
Published: June 2022

The high infectivity and insidiousness of COVID-19 have enabled the virus to spread rapidly around the world, threatening human life, health and social order, and being infectious in crowded places such as subway stations. Based on the analysis of COVID-19 transmission, this paper divides the population into three categories: susceptible category, discovered disease category and immune category consisting of cure and death, and proposes two models: crowd contact network and contact network-based SIR model to simulate the transmission process of SIR; then absorbs the idea of synchronous update of cellular automaton model, and finally establishes a contact network-based SIR model whose members are affected by all passengers at the same time simulation model. For this model, we fit the data of Beijing, analyze and predict the peak of the latest round of epidemic development (the peak of the number of patients, the peak of the transmission rate), and the length of the latest round of epidemic development cycle, etc, and propose some policy recommendations accordingly.
La Geolocalización y el Reconocimiento Facial como apoyo en la Educación a Distancia de la Universidad Autónoma de Chihuahua.
Authors: Domínguez-Ríos Víctor Alonso , López-Santillán Miguel Ángel
Published: June 2022

La calidad en la educación virtual o a distancia (modalidades no convencionales) de la Universidad Autónoma de Chihuahua (UACH) requiere de la utilización de recursos tecnológicos para ser incrementada; el presente documento estudia las características, ventajas y desventajas de esta modalidad de estudios, haciendo un énfasis en la utilización de las tecnologías de la información para el desarrollo de ésta. Se realiza un análisis de dos Plataformas de Administración de Aprendizaje (LMS por sus siglas en inglés) para la gestión de cursos en línea: Blackboard y Moodle, destacando sus principales rasgos técnicos; para, a partir de ahí, hacer un estudio de la situación de la educación a distancia de la propia UACH, presentando datos estadísticos del comportamiento de la matrícula en los últimos años y concluir con la presentación de las características y modo de operar de la aplicación móvil desarrollada para implementar una validación por medio de geolocalización y de reconocimiento facial a la hora de realizar ciertas actividades en la plataforma Moodle, así como del tablero incorporado a la propia plataforma para apoyar la labor del docente y que éste conozca los resultados de las respectivas validaciones.

DOI: https://doi.org/10.54167/tecnociencia.v14i1.622
Legitimacy and Consistency of Free Allocation in the EU ETS: The Role of Substitutes in Product Benchmarks
Authors: Johansson Andreas , Derelius Alexander
Published: June 2022

The EU emission trading system (ETS) is the primary tool for reducing greenhouse gas emissions (GHG) and combating climate change. Free allocation of emission allowances plays an important role within this system, and will continue to do so, also after the European Commission’s ‘Fit for 55’ proposal package. This article discusses the determination of free allocation by use of product benchmarks, and the assessment of substitutability under the product benchmark system, and how they relate to the legitimacy and proper functioning of the ETS. It is argued that a coherent, ETS-specific test should be applied when the Commission assesses the substitutability that underpins the product benchmarks, and that full judicial review is warranted going forward, akin to that deployed by the EU courts in competition cases.

Emission trading system, EU ETS, free allocation, benchmark, substitute
Smart Property and Smart Contracts Under Spanish Law in the European Context
Authors: Argelich Comelles Cristina
Published: June 2022

This article analyses the civil and registry implementation of smart property in real estate in Spain from a European perspective. To this end, a general theory is developed for smart property in real estate and transactional smart contracts, paying particular attention to remedies and property acquisition. Based on the remedies suggested by Nick Szabo in his formulation of smart contracts and smart property, such as the smart lien and the property club, other remedies adapted to our Law will be proposed, due to the ineffectiveness of Szabo’s remedies in the Spanish context. In this regard, attention will be paid to the types of acquisition of real rights, the validity and effectiveness of transactional smart contracts, the remedies for breach of contract, and the modifications to registration that these remedies require. Smart real estate requires the tokenization of property and the linking of the digital asset with the real asset. For this purpose, the functions of tokens and the remote control of real estate, the tokenization of real tradition, and the implementation of property technology (PropTech), in particular, the Internet of Things, will be addressed. Finally, blockchainization of the registry will be examined from the perspective of the Land Registry Interconnection and the Interoperability Model for Land Registers (IMOLA) platform in the EU and Alastria Blockchain Ecosystem in Spain, as well as its legal adaptations regarding registry qualification and registry effects in terms of adverse possession.
African Data Protection Laws: Current Regulatory Approaches, Policy Initiatives, and the Way Forward
Authors: Boshe Patricia , Hennemann Moritz , Meding Ricarda von
Published: June 2022

Data protection law is experiencing a global rise. Whilst setting the boundaries for public and private data processors, it has become a vital factor for individual protection and innovation alike. The quest for adequate data protection regimes is on-going, not only, but also on the African continent. Since 2001, the majority of African states have drafted and enacted data protection laws. Hard law and soft law instruments have been developed by the African Union and the African Regional Economic Communities. Regularly, EU-style legislation has been used as a source of inspiration – a process actively pushed for by the EU. Against this background, this study evaluates the current state of data protection law and data protection policy in Africa, questions the process of legal transplantation, and favours the consideration of a unique African approach to data protection. Thereby, this study is also a story about alternative routes to the General Data Protection Regulation (GDPR) which are – for many reasons – not easy to take.

Africa, African Union, African Regional Economic Communities, Data Protection, Privacy, GDPR
Austria’s new Foreign Direct Investment Law: Review and Outlook
Authors: Zankl Martin Wolfgang
Published: June 2022

Accelerated by the Covid-19 crisis and based on harmonization efforts of the European Union, a new federal law on the control of foreign direct investments (Investment Control Act – InvKG) entered into force in Austria on 25 July 2020. The Investment Control Act aims at the comprehensive and EU-wide formalized control of foreign investments from non-EU countries into Austrian companies that are of strategic importance for Austria due to their activities in areas that are indispensable for security or public order in Austria. The following article sets out the core provisions of the Investment Control Act and provides an initial review of the first experiences in Austrian practice. It ends with an outlook on the impact of the Investment Control Act on M&A transactions in Austria.
Empirical Research on the Alleged Invalidity of Arbitration Agreements: Success Rates and Applicable Law in Setting Aside and Enforcement Proceedings
Authors: Scherer Maxi , Jensen Ole
Published: June 2022

This article is based on a data set of over 1,000 judicial decisions in setting aside, recognition and enforcement proceedings. Although sometimes cited as one of the most common grounds for setting aside an award or refusing its recognition and enforcement, the invalidity of the arbitration agreement was raised in less than one-fifth of those decisions. It was confirmed in under one-third of those cases. This article examines which arguments for invalidity were more successful than others and how courts have determined the law applicable to the (in)validity of the arbitration agreement. Notably, less than half of the courts in this data set have engaged in a meaningful conflict of laws analysis. Where they have done so, there does not appear to be a consensus on how the law applicable to the arbitration agreement should be determined and what significance a choice of law clause in the main contract has in this regard.

Arbitration agreement, arbitral awards, setting aside, recognition and enforcement, applicable law, invalidity, New York Convention, UNCITRAL Model Law on International Commercial Arbitration, empirical research
A Pathology (Yet) to Be Cured?
Authors: Shore Laurence , De Benedetti Vittoria , Nitto Personè Mario de
Published: June 2022

Fifty years ago, Frédéric Eisemann coined the expression ‘pathological clause’ to refer to arbitration clauses that substantially deviate from the essential requirements of a model clause.

However, arbitration practitioners have not yet learned their lesson; the matter of pathology is far from being outdated.

Arbitration clauses may be pathological if they do not provide for mandatory referrals to arbitration proceedings, or do not meet certain other requirements to provide for a workable arbitration procedure, or contain a reference to non-existing arbitral institutions and/or arbitral rules, or provide for a proceeding administered by an arbitral institution pursuant to different institutional rules.

In most instances, the competent supervisory court (or the arbitral tribunal or institution dealing with a defective clause) seeks to cure these pathologies. Arbitral tribunals and national courts generally try to ascertain whether the parties’ real intention is to arbitrate, and, if that to arbitrate is apparent, to give effect to and enforce an otherwise invalid arbitration clause.

In any case, parties should not blindly rely on tribunals’ and courts’ tendency to uphold such clauses; the only safe approach is to avoid pathology.

pathological/pathology, arbitration clause, hybrid (arbitration clause), asymmetric (arbitration clause) effectiveness principle, validity, enforcement, vacatur contractual autonomy
Conflicts of Interests
Authors: Carrara Cecilia
Published: June 2022

The Kluwer Research comprises over 1,000 cases in the period 2010-2020. These cases do not include challenges in particular, but include vacatur and enforcement actions. Out of a total of 504 vacatur cases, in approximately eighty cases arguments related to the composition of the arbitral authority have been made. As regards enforcement, out of a total of 589 enforcement actions, in sixty-one cases these arguments have been made.

The effectiveness of arbitrators’ impartiality and independence is ensured by an ex ante positive obligation of transparency, i.e., the duty to disclose any circumstances that may give rise to independence and impartiality, and an ex post sanctioning mechanism, which enables the parties to challenge an arbitrator who doesn’t comply with those requirements. Disclosure allows parties to verify the arbitrators’ compliance with the requirements of independence and impartiality. The challenge, however, remains the necessary procedure to establish the lack of such requirements. In most countries, the test of the arbitrators’ impartiality and independence is based on the criterion of justifiable doubts.

Raising arguments related to conflicts of interest after the award is rendered, either in vacatur or enforcement actions, is only successful in order to block the enforcement/vacating the award in very few instances. Thus, parties should timely raise all of their objections at an early stage, rather than after the award is rendered.

impartiality, independence, arbitrators, challenge, conflict of interests, disclosure, duty to disclose, justifiable doubts, party-appointed arbitrator, standards
An Empirical Study on Recognition and Enforcement of Foreign, Hong Kong, Macau, and Taiwan Arbitral Awards in Mainland China
Authors: Dong Arthur , Yuan Alex
Published: June 2022

In this report we analysed publicly available cases decided by courts of Mainland China (‘PRC courts’) from 2001 to 2021 in which the court refused or rejected party’s application for recognition and enforcement of foreign (including Hong Kong, Macau, and Taiwan) arbitral awards, totalling thirty-seven cases. Here we provide factual summary for each case and conducted statistics with respect to their arbitration-related characteristics and PRC court’s ground of decision. With this report, one can see that PRC courts are extremely cautious in refusing or rejecting recognition and enforcement of foreign arbitral awards. Lack of valid arbitration agreement, and violation of arbitration agreement/arbitration rules/law of the seat, are the two major causes that led to the PRC Courts’ refusal of recognition and enforcement. However, one should note that non-compliance of national laws in Mainland China may undermine recognition and enforcement of foreign arbitral awards.

PRC, Mainland China, foreign arbitral awards, recognition, enforcement, refusal, rejection, New York Convention, statistics
The Weaponization of Human Rights in US-China Trade Policy: Impacts and Risks
Authors: Slawotsky Joel
Published: June 2022

The hegemonic rivalry between the United States and China has generated tectonic geoeconomic shifts with massive implications for global trade. Global trade, inextricably linked with national prosperity, international politics and global governance, is increasingly driven less by economic realities and more by great power rivalry. Demonstrating both the dynamic nature of US-China trade tensions and the impact of and international political relations, are allegations of Chinese human rights violations being injected by the US as part of trade policy. Invoking human rights in the trade context has already caused multi-dimensional complexities impacting businesses; supply-chains; coalition building; and spurring counter measures. Linking human rights to trade policies might also lead to increasing economic nationalism, regionalism, protectionism, and further counter-measures. Significantly, given economic and trade realism, whether the current Western concern over human rights is sustainable longer-term is an open question. Accordingly, weaponizing human rights in trade relations constitutes an omnipresent risk not only to China, but also to the US since economic practicalities and trade pragmatism could potentially precipitate a more Chinacentric international trade governance. Regardless of the outcome, connecting trade to human rights will likely lead to a re-shaping of the existing trade architecture.

global trade, hegemonic rivalry, human rights, national security
Digital Platforms and Journalism in Australia: Analysing the Role of Competition Law
Authors: Balasingham Baskaran , Neilson Tai
Published: June 2022

News media businesses compete with search engines and social media networks for advertising revenue but at the same time depend on the latter to reach and interact with audiences. The Digital Platforms Inquiry (DPI) completed by the Australian Competition and Consumer Commission (ACCC) found that media businesses’ dependency on digital platforms gives companies like Google and Facebook substantial bargaining power over Australian news media businesses. This development over the past decade has caused negative repercussions for the choice and quality of news available to Australians. In response to thegse findings, Australia’s News Media and Digital Platforms Mandatory Bargaining Code 2021 extends the application of competition law into digital news and advertising markets. The reform is intended to address the impact of digital platforms on the commercial viability of Australian news companies. In this article, we assess the application of competition law to the relationship between news media and digital platforms, including the strength of the DPI findings and the appropriateness of the resulting reforms. We argue that after decades of deregulation of the media sector in Australia the News Media Bargaining Code is a hybrid legislation, which introduces news media industry regulations under the guise of competition law. While we see a continued role for competition law in digital platform markets, this article indicates the challenges posed by digital platforms on media pluralism and the limitations of a market-driven approach to news media policy.

news media businesses, digital platforms, advertising, regulation, media policy, Australian competition law, market power, media pluralism, Digital Platforms Inquiry, News Media Bargaining Code
Nanta education contents for the visually impaired
Authors:   Liberal Arts Innovation Center, Seo Yeon Ju , Choi Hyojung
Published: June 2022

This study sought to develop "Nanta" education contents for the visually impaired. "Nanta" means tapping using percussion instruments. Unlike the general public, the visually impaired cannot search and use information through sight, thus suffering many limitations in education. For this reason, most people in the 21st century are participating in cultural arts education programs to improve their cultural lives, but the disabled people in the culturally marginalized class have many difficulties in enjoying cultural activities. In particular, the visually impaired have lower self-esteem and lower vitality in life due to the loss of sight. Thus, this study aims to resolve cultural needs and improve the quality of life for the visually impaired. However, Nanta education in the field is has focused on education for nondisabled people, making it unsuitable for the visually impaired. The visually impaired have developed auditory and tactile abilities, and conversely, their physical and kinesthetic senses are lowered. The Nanta education program considering the weaknesses and strengths of the visually impaired will, albeit not completely, meet the cultural needs of the visually impaired.
How the CoLaus | PsyCoLaus study shares data while ensuring privacy
Authors: Marques-Vidal Pedro
Published: June 2022

While data sharing is important in an international research setting, ensuring the privacy of participants is just as important. For several years, the CoLaus | PsyCoLaus study has been sharing data with national and international research teams while ensuring that no breach of privacy regarding the participants occurs. A series of procedures have been put in place, including checking the research protocol, data encryption, and legally binding agreements. The original data are also distributed between sites and informatics systems, thus making re-identification of the participants difficult. These procedures allow a high level of security, and the participants are guaranteed that no data leakage will occur.
Data privacy and data sharing within the regulatory framework governing human, health-related research in Switzerland
Authors: Chan Samantha , Maby-El Hajjami Hélène , Carboni Sonia , Guilleret Isabelle , Falcetta Denis , Becherer Claudia
Published: June 2022

Since entering into force in 2014, the Human Research Act (HRA) and its ordinances have provided the regulatory framework in Switzerland for accessing health-related personal data and biological material for the purposes of research related to human diseases and to the structure and functioning of the human body. This legislation aims to protect participants’ privacy. At the same time, the scientific community wants to generate knowledge. Aside from the HRA, data privacy in Switzerland is more widely covered by the Federal Act on Data Protection (FADP) and in some cases by the EU’s General Data Protection Regulation (GDPR). When preparing and conducting a clinical study, researchers have to comply with a number of requirements and guidelines in order to respect the rights of patients (i.e. data privacy) and fulfil their duties to the scientific community (i.e. data sharing). This article discusses how these statutory requirements apply to specific clinical study documents, processes, and tools.
Atorvastatin with Lactobacillus rhamnosus supplementation Ameliorates Pathogenesis of High fat-High fructose diet induced non-alcoholic fatty liver disease in rats
Authors: Roy Abhishek , Guha Lahanya
Published: June 2022

Non-alcoholic fatty liver disease (NAFLD) is a broad term that includes anything from simple adipose tissue deposition in the liver to more advanced steatosis with concomitant hepatitis, fibrosis, and cirrhosis. The incidence of NAFLD is predicted to rise because of the increased prevalence of related disorders such as obesity and type 2 diabetes mellitus (T2DM). All statins seem to be successful in decreasing patients' cholesterol levels with NAFLD, while there is greater experience with atorvastatin, the only statin that has been shown to reduce the risk of cardiovascular events in these individuals. Atorvastatin, like other statins, acts by blocking HMG-CoA reductase, an enzyme located in liver tissue that is important in the production of cholesterol in the body. But Atorvastatin's primary adverse impact is a loss of muscle and an accelerated breakdown of muscular tissue (rhabdomyolysis). Certain probiotic lactobacilli strains offer positive benefits, most likely via anti-inflammatory activities and intestinal barrier stability, which reduces liver diseases. The present study's goal is to see how Atorvastatin at a subtherapeutic dosage combined with a probiotic strain, Lactobacillus rhamnosus, affects male SD rats in the treatment of NAFLD.
A study on Traditional Rogan Art of India
Authors: Chaturvedi D K
Published: June 2022

Traditional arts are diminishing as days are going because of sustainability and fast fashion. In this fast world, time-taking things are held backward. It is important to make them capableenough to revive them. As it is time taking, a long process, less availability of materials, and more labor efforts and charges it makes it costly.One of these arts is Rogan Art, the materials required for this art is process is to boil castor oil for a minimum of 4 hours tillthe oilget thickensinto a gel and then mixing of colorforpaste unique and it’s not available easily. The major drawback of this art ismaterials are made from scratch which can be replaced by making it available in the market just like theyuseready-madecolorstodyeRoganpaste.A qualitative approach to reviewing history and revival of Rogan artto make the painting on the fabric with future sustainability. Furthermore, this study covers the history and revival of RoganArt.