bluuebunny/crossref_metadata_2025 huggingface dataset:
Exploring graph learning techniques for enhancing cross-domain applications in computer vision and natural language processing
Authors: Zhang Wentao
Published: July 2024

With the rapid development of artificial intelligence, graph learning technology has become a research hotspot because of its unique data processing ability. This paper discusses the application of graph learning technology in computer vision (CV) and natural language processing (NLP), especially, it is applied to image segmentation and recognition, visual relationship detection, dynamic scene understanding, semantic role labeling and knowledge map enhancement. The graph neural network (GNN) can effectively learn the deep features of image or text data by defining pixels or hyperpixels as nodes and constructing the edges between nodes according to the spatial proximity or similarity between pixels. This paper also discusses the application of graph learning technology in improving model interpretability, including feature relation visualization, error analysis and diagnosis, and model decision path interpretation. By comparing the application effects of different graph learning models and algorithms, this paper aims to provide reference and inspiration for the follow-up research and application.
The eye of artificial intelligence - Convolutional Neural Networks
Authors: Jiang Jiamin
Published: July 2024

Inspired by the biological visual system, the convolutional neural network has been widely studied and invented in the field of artificial intelligence. As one of the important algorithms in artificial neural networks, convolutional neural networks have shown outstanding application potential in fields such as image recognition, computer vision, and natural language processing. This article will focus on exploring the powerful capabilities of convolutional neural networks in image processing. By delving into the implementation process of a convolutional neural network, readers will gain a deeper understanding of its working principles. In addition, this article will briefly introduce three classic models of convolutional neural networks, providing readers with more background knowledge. Next, this paper will analyze in detail two typical application cases of convolutional neural networks in the field of image processing: intelligent transportation systems and dental imaging technology. These cases demonstrate the successful application of convolutional neural networks in practical scenarios, pointing the way for their future development. In the future, convolutional neural networks will be more widely used in fields such as image and video processing as data scale increases and computing power improves. By using techniques such as model compression and hardware optimization, it is made more suitable for low-power and high-efficiency environments, and its interpretability and applicability are enhanced through data augmentation and model interpretation techniques.
A traffic and road signal recognition method through deep learning
Authors: Jiang Wei
Published: July 2024

Before deep learning became popular, some researchers used traditional computer vision algorithms, including support vector machines, decision trees, and random forests to deal with traffic and road signal recognition problems. These methods often require manual design of features and may not perform well when dealing with complex scenarios and changing conditions. Therefore, traffic and road signal recognition have witnessed a transformative shift with the advent of deep learning technologies. Convolutional neural networks (CNNs) developed from deep learning has shown prominent capabilities in accurately detecting and interpreting traffic signs and signals from images and videos. In this project, the whole method is mainly based on two parts, which refers to the process of signal-capturing and the detecting process. The CNN model used in the latter part consists of various function layers, including max-pooling layer, linear layer, 2D convolution layer and batch- normalization layer to modify accuracy. This model is trained and tested with Chinese Traffic Sign Dataset, with 58 categories of over 6000 pictures. With the assistance of OpenCV, the model may detect real-time traffic signals and convey messages to vehicles. After adjusting parameters in the CNN model, high probability tags are obtained during the process, with both accuracy and average loss labeled after each epoch. The results demonstrate that the proposed model achieved the testing accuracy of over 95 percent, after undergoing 200 epochs.
Implementation and research of gesture recognition in HCI field
Authors: Zhou Haoran , Ren Yixiang
Published: July 2024

Since the first Neural Network computer was made by Marvin Minsky and his schoolmates in 1951, the development of artificial intelligence (AI)has undergone various and huge changes. It generally evolves into a field that has infinite possibilities and a major branch of computer science that can not be ignored. With the trend of computerization and the rapid evolution of the Internet of Things (IoT), gesture recognition emerged. Various prototypes are blossoming in the laboratories, and some of them have become certain products that have practical applications in later days. At the same time, more and more deep learning technology has been applied to gesture recognition systems that greatly improve the quality of the service. The purpose of this review is to summarize and analyze the existing algorithms of Dynamic Gesture Recognition systems, which have several different methods that are based on multiple signal extractors. This study focuses on the 3D Convolutional Neural Network(CNN), which plays an important role in the Dynamic Gesture Recognition optimization algorithm and data analysis algorithm. In this paper, we reviewed past papers in the gesture recognition field, which include the sEMG method, microwave method, and vision recognition method. During the process of data collecting and summarizing the past papers, we mainly focused on the accuracy differences between recognition methods and the efficiency differences in data processing algorithms. (CNN-based, LSTM based, etc.) Then, we analyzed the main difficulties and challenges of these methods, which are briefly listed in the Introduction part. Data processing algorithms are also being studied, and a horizontal comparison between CNN-based, LSTM-based, and transformer-based algorithms is also being made. Besides this, for those problems that already have a reliable solution, we also summarized the possible solutions and listed them out. We found that the gesture recognition system has already been systematically studied and is partly used in some fields. However, the algorithm and modeling methods can still be optimized and it also needs further study to be more widely used.
Advancing macroeconomic models through artificial intelligence integration
Authors: Chen Zetian
Published: July 2024

The integration of Artificial Intelligence (AI) into macroeconomic models marks a significant evolution in the field of economic forecasting and analysis. Traditional macroeconomic models, often constrained by linear assumptions and a limited set of variables, struggle to accurately capture the complexities of the global economy. This paper explores how AI, particularly machine learning algorithms like Random Forests and Neural Networks, enhances these models by processing and interpreting vast and diverse datasets, including unstructured data such as social media sentiment and news analysis. AI's capability to adapt and learn from new data enables dynamic models that remain relevant and accurate amidst changing economic conditions. By addressing non-linearities and enhancing model robustness, AI provides a more nuanced understanding of economic dynamics, uncovering intricate patterns missed by traditional analyses. The implications of AI-enhanced macroeconomic models are profound, offering more reliable foundations for economic research and policy-making. This paper argues that the integration of AI into economic modeling not only improves the precision of economic forecasts but also enriches the field of economic research and the formulation of more effective policy interventions. Through examples such as inflation rate forecasting and the identification of complex, non-linear economic relationships, this study highlights the transformative potential of AI in macroeconomic analysis and policy formulation.
Developing a smart forest protection mini program with Spring Boot: Integrating big data and image recognition technologies
Authors: Chen Yeheng , Yu Jiangchuan , Yang Yantao
Published: July 2024

Forests are essential for ecological stability yet pose significant management challenges due to their expansive and remote nature. Despite advancements in data acquisition, there is a lack of tools that effectively combine image recognition with big data analytics for real-time monitoring. This study introduces a "Smart Forest Protection" mini program, developed using Spring Boot, which integrates these technologies to facilitate immediate and efficient forest management. The program features intelligent plant recognition, user-driven incident reporting, waste recycling point displays, and a platform for disseminating forest conservation knowledge. Additionally, a big data visualization platform illustrates the spatiotemporal distribution of forests in Zhuhai, aiding governmental and environmental agencies in making informed decisions that enhance forest conservation and promote sustainable practices.
Text sentiment analysis and classification based on bidirectional Gated Recurrent Units (GRUs) model
Authors: Xu Wei , Chen Jianlong , Ding Zhicheng , Wang Jinyin
Published: July 2024

This paper explores the importance of text sentiment analysis and classification in the field of natural language processing, and proposes a new approach to sentiment analysis and classification based on the bidirectional gated recurrent units (GRUs) model. The study firstly analyses the word cloud model of the text with six sentiment labels, and then carries out data preprocessing, including the steps of removing special symbols, punctuation marks, numbers, stop words and non-alphabetic parts. Subsequently, the data set is divided into training set and test set, and through model training and testing, it is found that the accuracy of the validation set is increased from 85% to 93% with training, which is an increase of 8%; at the same time, the loss value of the validation set decreases from 0.7 to 0.1 and tends to be stable, and the model is gradually close to the actual value, which can effectively classify the text emotions. The confusion matrix shows that the accuracy of the model on the test set reaches 94.8%, the precision is 95.9%, the recall is 99.1%, and the F1 score is 97.4%, which proves that the model has good generalisation ability and classification effect. Overall, the study demonstrated an effective method for text sentiment analysis and classification with satisfactory results.
Research on the optimization of essay scores based on deep learning
Authors: Yi Su
Published: July 2024

Construct a scoring model based on shallow language features and deep language features, and combine multiple algorithms to optimize the effect of automatic scoring model for Chinese academic papers. Conduct research through literature review and interview research methods, analyze the impact and changes of optimizing academic paper systems combined with teacher feedback on students' writing learning. Create a model to identify elements in student writing, automatically segment, classify, and score the text in academic papers written by Chinese students. Optimizing academic paper systems can effectively improve students' ability to write academic papers, enhance students' writing motivation and interest, motivate students to revise their writing repeatedly, and enhance students' mastery of vocabulary, grammar, and technical details, as well as their writing motivation.
Artificial Intelligence in pediatric dentistry: A Narrative review
Authors: Bhumireddy Jaya Chandra , Saha Anpam , Nunna Mahesh , Patil Anil Kumar
Published: July 2024

The most common chronic childhood illnesses are oral ones, a severe public health concern for children of all ages in developing and industrialized nations. Early detection and treatment of these disorders are essential for a child's dental health and overall well-being. Recently, the area of pediatric dentistry has made extensive use of artificial intelligence (AI). This systematic review aims to evaluate the effectiveness of artificial intelligence models created for use in pediatric dentistry (PD).
Antimicrobials: their use and misuse in pediatric dental practices
Authors: C Jose Sherin
Published: July 2024

Antibiotics are medications that fight against bacterial infections and are often prescribed by dentists in dentalpractice, during dental treatment as well as for prevention of infection. Since most dental and periodontal diseases are best managed by operative intervention and oral hygiene measures, the indications for the use of systemic antibiotics in dentistry are limited. The injudicious use of antibiotics and lack of awareness among practitioners are one of the key contributors to the emergence of antibiotic -resistant bacterial strains. It is therefore mandatory that antibiotics are prescribed only when they are likely to clinicily benefitthe pediatric patient. Pediatric dentists can make a difference by the sensible use of antimicrobials by prescribing the correct drug, at the standard dosage and appropriate route only when systemic spread of infection is evident.
Supporting graduate students’ skills with simulated experiences in a professional foundation course
Authors: Baron Kristy , NeVille Norton Melissa , Leggett-Fife Diane , Trump Kelley
Published: July 2024

The population’s health depends on a well-educated nursing workforce that includes graduate-prepared nurses. However, the nation’s demand for graduate nurses in advanced practice, teaching, and research roles surpasses the supply. Graduate nursing educators can support student success by creating positive learning experiences for students at the beginning of their study programs. Initially, we created a pilot writing orientation, which was implemented for new students. Although the results of the pilot study showed significance with paired t-tests (p < .000; Cohen’s d = 1.21), the writing skills were not applied in long-term coursework. Therefore, a seven-week course was created to provide students with small-scale assignments, preparing them for complex future graduate coursework. The study aimed to evaluate the effectiveness of the skills learned in the course using student (n = 15) and faculty (n = 9) focus groups. A qualitative design using thematic analysis showed the following student themes: tools to improve scholarly writing, magnitude and feasibility of the project, graduate-level writing and professional presentations, clear expectations of achieving program requirements, and professional development using a digital e-portfolio. Faculty focus groups compared the skills of students who had completed the course and those who had not. Faculty themes included stronger writing skills despite the variation, resource availability, tool use, APA format skills, and writing synthesis skills development. Overall, the participants’ perspectives shared positive feedback with insightful suggestions for future course improvement.
Tinjauan Al-Qur'an Dan Hadist tentang Etos Kerja (Studi Literatur)
Authors: Mulyadi Nepi , Reinaldo Antonio , Satriadi Inong
Published: July 2024

The presence of religion is often a source of inspiration for individuals in various aspects of life, including in the world of work. This article explores the verses of the Koran and the hadiths of the Prophet Muhammad that relate to work ethic. This research aims to present an understanding of the Islamic view of hard work, dedication, and responsibility in carrying out the profession. Using text analysis methods, relevant verses and hadiths were studied to explore the values ​​that encourage individuals to have a high work ethic in the view of the Islamic religion. The findings from this research provide insight into how religious teachings can serve as moral and spiritual guidance in increasing productivity and quality of work in Muslim societies. The implications of these findings are also discussed to strengthen the link between religious values ​​and the world of work in the contemporary context.
Model Pembelajaran Berbasis Proyek (PJBL) Sebagai Implementasi Kurikulum Merdeka di TK Aba 25 Medan
Authors: Riani Nova
Published: July 2024

This study aims to determine the implementation of the Project-Based Learning (PjBL) model as the implementation of the independent curriculum in Kindergarten Aba 25 Medan. This research uses the type of research and development (Research & Development). The data collection method is observation and documentation. Techniques in data analysis Techniques in data analysis used are qualitative descriptive. The development stage consists of planning, implementation, observation, and reflection stages. The results of the analysis show that in the first development stage when teachers implement the Project-Based Learning Model as the Implementation of the Independent Curriculum which is carried out reaches an average percentage of 83.33% with a very appropriate category while for child development during its implementation it reaches an overall average of 68.43% with a category that is still developing. The second development stage when teachers implemented the Project-Based Learning Model as the Implementation of the Independent Curriculum which was carried out reached an average percentage of 91.66% with the category being very appropriate, while for child development during its implementation it reached an overall average of 85.93% with the category of developing as expected
Investigation and Control of Fluidized Bed Catalytic Cracking Unit
Authors: Salma Omer Alhag Ali  , Mervat Abdo Ahmed  , Gurashi Gasm alssed
Published: July 2024

The fluidized catalytic cracking (FCC) unit is one the main unit of the oil refinery, its objective is upgraded heavy low value petroleum streams into higher value products, mainly gasoline and olefin. In this process the catalyst is circulated into the regenerator, the coke is burned, and the catalyst is regenerated. Many parameters are used to control FCC, the most importantare temperature, which should be kept at (505? C ) and the catalyst temperature (655? C). Other parameters are the level and flow rate of the catalyst. In this work, control strategy was build and the transfer functions were detected, so, the characteristic equations were calculated as well as the open- loop transfer functions. Tuning, stability analysis and simulation response of the system were achieved by using Routh, direct substitution, RootLocus and bode methods
Utilization of Jatropha oil as a lubricant
Authors: M. Elamin  , Ibrahim. H  , Damos Babiker. K
Published: July 2024

Due to the environmental concern and limited resources of petroleum oil and with the growing concern regarding global warming issues, the research for clean alternative biolubricants sources became a must. Among the most demanded sustainable clean energy sources is the Jatropha oil. The leached Jatropha oil used in this research work has explored the possibility of utilizing Jatropha oil as a lubricant and was analyzed for density, viscosity at (40 C?, 100 C?) viscosity index, and the flashpoint which are necessary tests for base oil. Explore the commercial additives for the improvement of the Jatropha oil as a lubricant and comparison of the improved Jatropha oil lubricant against other commercial lubricant oils. The results show that all these properties are satisfactory and give good agreement. In this study, the Jatropha oil was found to be compatible with the required additives which are specified by API BASE OIL CATEGORIES. The experimental tests for these properties were performed as prescribed ASTM procedures, and the results were tabulated and discussed.
Automatic Low-cost Water Level Indicator for Tanks and Hand Washing Water Dispensers in Kitui; Kenya during the Covid 19 Pandemic
Authors: Juma Mary Atieno , Ahmed Abusabah , Kussia Bulbula Kumeda , Kuya Sammy
Published: July 2024

In day to day life, millions and millions of liters of water is being wasted through overflowing or excessive usage. In Kitui specifically, water availability by itself a challenge since the area rarely experiences long rainy seasons, has no flowing rivers, the dams are dry and there are only few boreholes available. It is for these reasons that we propose the adaptation of probe sensors to detect the water level in the hand washing water dispensers and storage tanks of the available boreholes in Kitui. The probe sensors detect the water level when they come in contact with them and in return a light emitting diode of the corresponding probe blinks. The system calculates the water level up to 100% by intervals of 25%. Moreover, the system is also connected to a relay switch that automatically turns on or off based on the water level. When each interval is reached, the light emitting diode blinks. At 25% the water level in the tank is lowest and this prompts the buzzer to produce a sound notifying the attenders that the tank needs to be refilled. An automatic refill also takes place due to the additional circuit connection. At 100% the relay goes OFF and water refill stops hence water wastage is avoided.
The Facial Recognition Technology in Academic Attendance: A Comparative Study for Real-Time Management
Authors: Feroze S. Atruba , Awan Saif ur Rehman , Ali S. Zubair
Published: July 2024

In today’s academic settings, managing daily tasks like attendance tracking has become increasingly burdensome. Traditional methods of manual attendance taking are inefficient and time-consuming, particularly with growing numbers of students and staff. To address this challenge, various approaches, including face identification systems, have been developed. This research introduces a smart face recognition (FR) system for managing attendance efficiently. The system employs multiple face recognition methodologies such as Local Binary Histogram, PCA/Eigen Face Recognizer, and Fisher Face Recognizer, enhancing system performance. These methods are combined using Ensemble Fusion to improve accuracy. Additionally, the system utilizes Multitask Cascaded Convolutional Network for face detection and attribute extraction. Extracted attributes are matched with stored facial templates to identify recognized faces and mark attendance. Integration with Cloud API facilitates record-keeping. The system also includes a feedback and notification system for process status indication. Results indicate that the proposed system achieves 82.1% accuracy in face recognition and requires minimal time (0.000081s) to predict and mark attendance.
The Legal System of Transactions and the Challenges of the Metaverse World in accordance with UAE Law
Authors: Khamaiseh Mohammad Abdelhafid Daej , Krim Karima
Published: July 2024

The world has undergone important technological transformations, making commercial transactions move from normal to electronic and linked to the real world. Still, the new generation of the Internet led to the emergence of the Metaverse world, which attracted many companies and governments, including the UAE, to pay attention to and invest in it. It is based on the use of Blockchain and Artificial Intelligence. This has affected the commercial activities of companies, as it has made contracts done smartly. Its subject will be non-fungible tokens, which is the subject of the study that emphasized the leadership of the UAE government and companies in its interest in the technologies of the Fourth Industrial Revolution and the world of Metaverse and its legislative exclusivity in regulating virtual assets and encrypted tokens and the intelligent agent, but that remains insufficient to control transactions in the Metaverse world.
Edukasi Pengenalan Diabetes Melitus Sejak Dini Bagi Masyarakat di Wilayah Desa Cibiru Hilir Bandung
Authors: Situmorang Roganda , Jafar Garnadi , Mulyati Iceu , Karim Fatmawati , Muthmainah Siti Saidah
Published: July 2024

Sasaran mendasar pemeliharaan kesehatan masyarakat Indonesia untuk mencapai kesehatan nasional adalah keluarga. Informasi ditemukan bahwa dalam keluarga di wilayah Desa Cibiru Hilir Bandung terdapat permasalahan masih banyak keluarga kurang mengetahui penyakit tidak menular, khususnya diabetes melitus. Tujuan kegiatan ini adalah mengimplementasikan upaya promosi dan preventif kesehatan berbasis kolaborasi antar profesi tentang pemberian edukasi kesehatan tentang diabetes melitus pada keluarga wilayah Desa Cibiru Hilir Bandung. Metode yang digunakan yaitu pemaparan materi, diskusi dan evaluasi kegiatan. Hasil dari pelaksanaan kegiatan ini terjadi peningkatan pengetahuan keluarga tentang diabetes melitus dari kurang baik menjadi baik. Perlunya sosialisasi secara berkala secara berkala dan melibatkan banyak masyarakat dan kader. Keluarga diharapkan mengaplikasikan dirumah dan disebar luaskan informasi terkait diabetes melitus.
Bifurcation of ICSID Awards and Reconsideration of Interlocutory Decisions: The Fine Balance of Procedural Economy
Authors: Esteban Carlos Molina , Esteban Carlos Molina
Published: July 2024

Bifurcation is by no means a rarity: ICSID Tribunals have rendered over 115 decisions on bifurcation. Despite this, until now, there has not been a comprehensive regulation of Bifurcation within the ICSID Convention and Rules. Case law has, thus, been fundamental to its development. This article will examine investment arbitration case law in order to answer a set of questions: What is the objective of Bifurcation? Under which circumstances should Tribunals bifurcate? Do these circumstances change depending on the issues to be bifurcated? We will then take a look at the post-bifurcation scenario, specifically at the issue of reconsideration of decisions. After a review of case law on the matter, we will examine two further questions: when should Tribunals reconsider their decisions? And what is the rationale behind these reasons to reconsider a decision? As we will further develop, these questions revolve around one key concept: Procedural Economy. Both bifurcation and reconsideration of decisions can ultimately be seen as a balancing exercise of procedural economy, Tribunals having to carefully balance out the circumstances of each case to decide whether the bifurcation of proceedings or the reconsideration of decisions would benefit efficiency.
The Case for Less Restrictive Form Requirements: Did Switzerland Miss a Chance to Liberalize Its Form Requirement for theArbitration Agreement?
Authors: Oetiker Lorenz
Published: July 2024

Switzerland’s national arbitration law has recently received a soft makeover. However, the Swiss government initially proposed a more profound change and suggested that Switzerland’s strict form requirements for the agreement to arbitrate should be fundamentally relaxed. This proved too controversial and was subsequently unceremoniously abandoned. Proponents of the current form requirement stressed its benefits, such as its warning function regarding the waiver of one’s access to court, its evidentiary function in proving consent to arbitrate, and its clarifying function in establishing the terms of the arbitration. However, strict form requirements are prone to exclude consensual agreements to arbitrate and are widely considered to be out of step with modern business practices. Given that formal validity is crucial to the recognition of an agreement to arbitrate and to the enforcement of awards internationally, the issue clearly deserves a second look. This article evaluates the benefits of form requirements against their costs and argues that a modern national arbitration law should either abandon form requirements altogether or follow the liberal approach proposed in Option I of the UNCITRAL Model Law 2006.
The Right to an ‘In-person’ Hearing in International Arbitration
Authors: Ashford Peter
Published: July 2024

Le mieux est l’ennemi du bienThe pandemic saw a considerable increase in the use of virtual hearings. Whilst telephone or video conference procedural conferences had been commonplace in international arbitration, full virtual evidentiary hearings had not been. The pandemic changed that and virtual/remote evidentiary hearings became commonplace and kept the wheels of justice turning. This article considers whether there is a right to insist on a virtual hearing and conversely whether there is a right to an in-person hearing. The broad consensus is that save in exceptional or unusual circumstances, there is no right to an in-person hearing. Virtual hearings work perfectly well and will generally observe due process. Virtual hearings are good enough and are here to stay in at least some arbitrations.
ISDS Reform: Analysis on Establishing a Multilateral Investment Court System
Authors: Lee Seung-Woon
Published: July 2024

The idea of establishing an appeal mechanism for Investor-State Dispute Resolution (ISDS) awards is not novel. Currently, the United Nations Commission on International Trade Law Working Group III (WG III) is discussing potential reform of the ISDS system, including an appeal mechanism and a Multilateral Investment Court (MIC) system. This article does not argue whether the ISDS reform is necessary. Instead, it will use WG III’s finding that the ISDS reform is necessary as a starting point to analyse the establishment of a MIC system. The article will briefly review commonly raised reasons for the ISDS reform and the European Union’s (EU’s) proposal to create the MIC system. It will then analyse the structure of the appellate mechanism – a stand-alone appellate body – especially focusing on the challenge of arbitrators and the enforcement of appellate awards. The article considers whether, if the MIC system is adopted, to create a single MIC system or a multiple MICs system. Finally, it notes that there are issues that need further consideration on creating the MIC system, specifically the scope of review and the double hatting issue.
Extraterritorial Arbitration in China’s Pilot Free Trade Zones and Beyond
Authors: Wang Yuan
Published: July 2024

Since the end of 2019, the Pilot Free Trade Zones (PFTZs) established around China have adopted an aggressive approach to make reforms in extraterritorial arbitration as well as other international arbitration rules. An arbitration agreement with designation of an institution outside the Chinese Mainland between foreign-invested corporations, which used to be invalid according to Chinese Arbitration Law, became valid for the first time in the Shanghai PFTZ. As other modifications are emerging ever-evident for Chinese courts, arbitration institutions follow an international track to open the arbitration service market and keep pace with mainstream practices.
Arbitration Jurisprudence in Light of UAE Federal Arbitration Law and Dubai Court of Cassation Decisions
Authors: Malkawi Bashar
Published: July 2024

Dubai is considered a major jurisdiction for arbitration. At the federal level, the legislator enacted a new arbitration law that mirrors international standards in the drive to make the United Arab Emirates a major hub for arbitration. The purpose of this article is to shed light on some of the most important changes made and how the highest court in Dubai interpreted the new provisions of the law.
Eco Oro v. Colombia: Is GATT Article XX to be blamed?
Authors: Aarushi Gupta
Published: July 2024

In this piece, the author highlights that in the Eco Oro v. Colombia decision, the criticism of General Agreement on Tariff and Trade (GATT) Article XX has been misplaced. The general exceptions clause could not achieve its intended effects because the tribunal adopted an incorrect approach. The tribunal’s evaluation is contrary to accepted World Trade Organization (WTO) jurisprudence and customary international law. The decision cannot form the basis for blaming the drafting of the provision or the scope of GATT Article XX. It does not define the horizon of WTO style as exceptions, as suggested by many. It is important to prove this hypothesis given that the operation of general exceptions (especially GATT-based) is determined by judicial precedents. It is not advisable to rely upon judicial precedents contrary to accepted legal norms. Furthermore, Canada has been a staunch supporter of GATT Article XX exceptions and has included such in eighteen out of its twenty-four bilateral investment treaties (BITs). Thus it is imperative for Canada (base of claimant Eco Oro), as well as other countries, to know whether the effectiveness of the general exceptions is really at stake in this case.
The Fragmented Consent Framework to Understand Consolidated Arbitrations
Authors: Jhanwar Soumil
Published: July 2024

The existing theories pertaining to joinders and consolidations in arbitration present two contrasting schools of thought for examining multi-party and multi-contract arbitration requests. This article critically analyses the two opposing schools’ examination of joinders and consolidations to demonstrate the inadequacy of both. After highlighting the dire need for development of a fresh theoretical framework for assessing requests for joinders and consolidations, this article builds on consent-based theories to develop a ‘fragmented consent framework’ to understand consolidated arbitrations. This framework breaks down a party’s consent to arbitrate into consent for four major elements of arbitration and highlights various reasons why ‘consent to opposing/other arbitrating parties’ ought to be considered irrelevant for multi-contract arbitration-related questions. It concludes by highlighting the relative superiority of the fragmented consent framework as a method of assessing joinder/ consolidation requests, as compared to the existing theories.
Goodnight Vienna? Rethinking Treaty Interpretation
Authors: Weeramantry Romesh
Published: July 2024

Articles 31 and 32 of the Vienna Convention on the Law of Treaties constitute the applicable law for interpreting investment treaties. Investor-State arbitrations have shown that application of these provisions can be problematic. This article identifies key problems in Articles 31 and 32 and poses the following three solutions: the use of a treaty interpretation schedule to be completed by each party in relation to a disputed interpretation of an investment treaty (much like a Redfern Schedule), the formulation of guidelines to assist interpreters to understand best practice in the application of the Convention’s interpretation rules, and the adoption of approaches formulated by behavioural scientists that may contribute to treaty interpretations becoming wiser.
Existential and Cognitive Aspects of Successful Mediation
Authors: Turgut Hakan Ali
Published: July 2024

In today’s ethnically and culturally diverse world, conflict resolution and the role of mediators become more and more important. Though the underlying issue of a conflict may differ in many ways, there is one common element in every conflict: human involvement. Therefore, it is understandable that existential aspects of the human condition may shed some light on dispute resolution. Such existential anxieties as fear of death, fear of freedom, loneliness, time and temporality, and uncertainty inevitably interfere with the successful outcome of any mediation. A mediator should properly address all these existential concerns and appropriately engage with the emotions created by these existential anxiety sources. Thus, it is important for a mediator to have basic knowledge of the existential aspects of conflict resolution. Likewise, a mediator’s information level on such cognitive processes as the human brain’s working systems and biases also play a crucial role in successfully resolving a conflict. In this sense, practical applications of existential philosophies and some awareness of the cognitive sciences are the essential elements of a successful mediation outcome. A psychologically and cognitively informed mediator is especially positioned to resolve conflicts in a transformative manner.
Time in Focus: The Strategic Application of Impacted As-Planned Method of Delay Analysis in Construction Dispute Resolution
Authors: Singh Shubham , Thakre Chitesh
Published: July 2024

Effective delay analysis is paramount in construction and project management to understand the impacts of unforeseen setbacks on project schedules. Delay analysis serves as a vital tool for resolving disputes among project stakeholders, such as contractors, owners, subcontractors, etc. It helps to establish accountability and liability for delays by providing an objective and systematic assessment of the causes and impact of delays. Delay analysis enables parties to determine whether delays were excusable or non-excusable, whether they resulted from unforeseeable circumstances or were within the control of the responsible party. It also assists in evaluating the extent of delay-related damages, facilitating fair and equitable settlements or, if necessary, serving as evidence in legal proceedings. In essence, delay analysis serves as a key component in achieving a transparent and fact-based resolution of disputes, saving time and resources while promoting fair and just outcomes for all parties involved in construction projects. There are a few methods suggested by SCL-UK Delay and Disruption Protocol 2017 and AACE 29R-03 Protocol for performing delay analysis (such as Impacted As-Planned (IAP) method, Time Impact Analysis, As-planned v. As-built analysis, collapse as built analysis, etc.). This paper delves into the ‘IAP’ method (also known as MIP 3.6, Ref. AACE 29R-03), a powerful technique that offers a comprehensive perspective on delay effects within project timelines. The paper commences by interpreting the background and methodology of the ‘Impacted As-Planned (IAP)/MIP-3.6’ approach, detailing its uniqueness in comparison to other delay analysis techniques. By outlining the step-by-step process, the paper throws light on the calculations and considerations that underpin the method. It then examines the advantages, legal validity, highlighting the method’s ability to accurately illustrate project progression amid delays and complexities. Conversely, the paper examines potential limitations and challenges, shedding light on scenarios where the method might warrant careful interpretation. Real-world case studies further augment the paper’s insights, showcasing instances where the ‘IAP’ method can be successfully applied to make project decisions. The paper also discusses the practical implementation considerations, limitations of IAP, encompassing data requirements, software tools, and best practices for a reliable analysis.
Construction adjudicator’s fees: Are they unreasonable and are they open-ended?
Authors: O’Malley Peter E.
Published: July 2024

As adjudication has become an established dispute resolution process in the construction industry in Ireland there has been criticism that adjudicator’s fees are unreasonable and open-ended by way of cost. This criticism is such that it has been suggested that there are some who are now reluctant to engage in the process. If such criticism is found to be true it would undermine the credibility of what has been widely seen as a successful dispute resolution process. Given the importance of supporting adjudication as a process, this paper seeks to investigate the validity, or otherwise, of the criticism through published statistical data and subjective assessment.
A Contemporary Evaluation of Decisions and Approaches Shaping the Conceptualization of an ‘ICSID Investment’
Authors: Wali Okechukwu Emmanuel
Published: July 2024

In instances where disputes arise in the course of investment transactions between a foreign investor and a host state, parties wishing to avoid the court process often attempt to settle these disputes by means of arbitration. The International Centre for Settlement of Investment Disputes (ICSID) has arguably been seen to provide the most effective venue for the settlement of investment disputes. However, the term ‘investment’ is not defined in the ICSID Convention, which has led to a multiplicity of approaches being taken by arbitral tribunals and academics to interpret and apply the concept. This has further led to a lack of coherence as to the understanding of the concept, necessitating a contemporary solution.
Challenges against Arbitrators under CRCICA Rules: The Effect of Disclosure
Authors: Lotfi Malak , Selim Ismail
Published: July 2024

When looking to safeguard the impartiality and independence of arbitrators, parties have little more to rely on than the arbitrator’s word. As a result, the duty to disclose is an essential component for preserving the integrity of the arbitral process. Recent developments in international arbitration practice have renewed the debate surrounding the impact of disclosure or lack thereof. This article aims to provide an overview of how disclosure-related issues are dealt with under the CRCICA Arbitration Rules 2011.To this end, we consider four case studies dealing with the two ends of the spectrum: detailed disclosure and a complete lack of disclosure. As the question is less one of the arbitrator’s personal persuasion but rather one of determining the existence of “justifiable doubts,” an objective test is applied under CRCICA Rules. From the decisions of CRCICA’s Advisory Committee’s tripartite ad hoc sub-committees appointed to determine the outcome of challenges, it appears that while disclosure is an important factor which weighs in favour of an arbitrator’s independence, it is not always sufficient to prevent their recusal. Similarly, a failure to disclose cannot always be interpreted as signifying an arbitrator’s partiality or dependence.
Early Dismissal of Claims under the 2020 LCIA Arbitration Rules
Authors: M.Richman Lisa , Rosales Del Prado Maria Cristina , Udow Hilary
Published: July 2024

Arbitral institutions are increasingly modifying their rules to expressly include a provision allowing parties to seek early disposition of certain claims and defences prior to a full evidentiary hearing. Some have theorized that these changes are unnecessary given broad powers typically afforded to arbitrators. Using the backdrop of recent changes to the LCIA Rules, this article explores the options available under the rules of various international arbitral institutions and considers the pros and cons of the availability of an express early disposition mechanism.
The Cairo Regional Centre for International Commercial Arbitration Assessment of Its Prima Facie Jurisdiction: Recent Decisions
Authors: Hussein Dalia
Published: July 2024

This article studies the prima facie assessment by the Cairo Regional Centre for International Commercial Arbitration (CRCICA) of its jurisdiction, through the operation of Article 6 of its Arbitration Rules issued in 2011. It examines a number of cases filed between 2020 and 2022 where one or more of the parties submitted a request not to proceed with the arbitration to CRCICA for manifest lack of jurisdiction, showing the most common grounds for these requests and their outcomes.The study has shown the increase of multi-party and multi-contracts disputes filed before CRCICA in the last few years as well as the problems that arise from poorly drafted arbitration agreements.
Privacy in the Age of Neurotechnology: Guido Girardi Lavín v. Emotiv, Inc.
Authors: Briceño Javier D.
Published: July 2024

In August 2023, the Republic of Chile’s Supreme Court of Justice made global legal history by linking the right to privacy with neurotechnology through Case 105065–2023. The Supreme Court emphasized that scientific and technological progress should unequivocally prioritize the benefit of humanity, setting a profound precedent in the evolving landscape of privacy and emerging neuroscientific advancements.
Towards Digital Transformation of EU-Customs?
Authors: Arendsen Rex
Published: July 2024

In May 2023 the European Commission introduced proposals for a major reform of the EU Customs Union. An EU Customs Data Hub will become the new central digital environment for businesses bringing goods into the EU. This paper uses the lens of digital transformation to try and understand the change of paradigm on data that is behind the introduction of the EU Data Hub. It is argued that the Data Hub will probably become more than a data-centred space but might step-by-step take over current customs systems functionalities. The Data Hub might in the end be constructed based on (parts of) ICS2 architectures and functionalities. The multiple data filing option, already in place for ICS2, offers a lot of flexibility and resonates well with the current organization and governance of global supply chains. In the end this might lead to a migration towards a customs control system mirroring the global supply chain. This would transform customs supervision into a system that provides real time insights into global supply chain risks, enabling the establishment of secure trade lanes.
Customs Undervaluation Through the Prism of the Proposed Reform of the EU Customs Code
Authors: Fabry Valérian
Published: July 2024

Customs undervaluation poses a persistent challenge within the European Union (EU), prompting actions at both EU and national levels. With customs duties being a key revenue source, the EU Commission has a vested interest in combatting undervaluation. Recent proposals to reform the Union Customs Code aim to address this issue, focusing on three main solutions. Firstly, the abolition of the €150 de minimis threshold aims to eliminate abuse of low-value consignments. Secondly, a simplified tariff and value treatment are proposed to streamline import formalities. Lastly, the creation of a European Union Customs Authority and an EU Customs Data Hub seeks to enhance risk analysis and coordination among Member States. However, the effectiveness of these solutions remains uncertain. The effect of abolishing the minimum threshold is doubtful. Similarly, the scope and cost of the proposed simplification may limit its impact. Nonetheless, the establishment of an EU Customs Authority and data hub represents a significant step forward. By facilitating data sharing and analysis, these initiatives have the potential to improve risk assessment and enforcement across the EU, aiding Member States in accurately levying customs duties.
The Impact of the European Union Customs Reform on the Exchange of Data With Third Countries for the Purpose of International Customs Cooperation
Authors: Grave Jean-Michel
Published: July 2024

References to and use of exchanges of customs-related information at international level is not new for the European Union (‘Union’) and its Member States. However, they were for very specific purposes and scattered in several pieces of legislation. They did not include ‘systematic’ or ‘automatic’ exchanges being required for an efficient risk management and effective customs controls. The insertion in the proposal for the reform of the Union Customs Code (‘UCC’), of an Article on the exchange of data with third countries for customs cooperation purposes, in parallel with the introduction of related provisions and enabling clauses in the Union (customs or free trade agreements, are the most recent follow up to the hard and patient work undertaken on the subject for almost twenty years. This is happening at the right time to address new challenges arising for customs from international trade flows, showing the double increase of volumes of consignments (especially small ones under e-commerce) to deal with, and of legislations (especially those establishing prohibitions and restrictions) to apply and enforce at external borders. This article describes how the proposal regulates the exchange of data with third countries and elaborates on its purpose, the actors involved, the required legal framework and additional conditions to fulfil, the data exchanged, and the organization of an exchange at Union or at Member State level.