bluuebunny/crossref_metadata_2025 huggingface dataset:
A SIR EPIDEMIOLOGICAL MODEL WITH STABILITY ANALYSIS
Authors: Rahman S.M. Ashrafur
Published: October 2022

A SIR epidemiological model is introduced and analyzed both analytically and numerically. The model possesses a number of stable and unstable equilibrium states which reflects the true nature of a realistic model. Stability of the equilibrium states is discussed by a suitable Lyapunov function. The numerical results are given through graphical representation.
SMART HUMAN FOLLOWING BABY STROLLER USING COMPUTER VISION
Authors: Raihan Md. Johir , Hasan Md. Tariq , Nahid Abdullah-Al
Published: October 2022

A baby stroller is a vehicle that is used by people to carry their toddlers making their life easier or carrying out other activities. However, such a vehicle still requires human labor to carry from one place to another place. Moreover, carrying such a vehicle can be troublesome for elderly people, disabled persons, or pregnant women. We live in an era where every aspect of human life is becoming simpler with the use of an autonomous machine. The recent development in the field of Artificial Intelligence (AI) and Machine Learning (ML) has allowed us to achieve autonomous surveillance robots to autonomous self-driving cars. This advancement of AI and ML can also be implemented in such a way that can help a person carry their babies for them which reduces their labor. This paper proposes a human following baby carrier car that can follow a human without any kind of help from the person. This reduces the labor work for a person and provides much freedom to carry out their activities. Such a carrier can be operated by elderly people, disabled people, pregnant women, or by any other without the need for much labor. The proposed system relies on the computer vision analysis that uses the camera feed to detect the person to be followed and sends a command to a microcontroller that operates the Carrier.
Metáfora Tetun Leno Ita Nia Moris
Authors: Williams-van Klinken Catharina
Published: October 2022

Tuir Lakoff ho Johnson (2003), ita kompriende buat barak liuhosi metáfora, liuliu ita kompriende buat ne’ebé ita la bele haree bazeia ba buat fíziku. Iha metáfora, ita uza liafuan ne’ebé baibain hatudu ba buat ida hodi hatudu ba buat seluk fali, ne’e katak, ita halo komparasaun. Ezemplu, ita kompara Maromak ho aman ida. Maibé ita la esplika komparasaun ne’e. Ema ne’ebé rona mak tenke interpreta, oinsá mak buat rua ne’e hanesan. Ida ne’e halo metáfora sai forte, maibé mós perigozu uitoan, tanba ita ida-ida interpreta tuir ita-nia esperiénsia ho ita-nia kultura. Metáfora sempre leno realidade nia aspektu balu, no subar aspektu seluk. Ezemplu, ita kompara justisa modernu ho funu (defende arguidu, nia lakon), maibé ida ne’e bele halo ita haluha katak ita bele mós rezolve problema liuhosi diálogu. Ita ko’alia loroloron uza metáfora barak. Maski ita baibain la nota, maibé metáforasira-ne’e hatudu buat barak kona ba ita nia ideia.
Tratamiento de agua residual industrial de curtiembre por medio de la electrocoagulación.
Authors: Córdoba Diego Alejandro
Published: October 2022

Este documento tiene como objetivo principal hacer una recopilación e investigación de las características, avances y desarrollo de la electrocoagulación (EC) en el tratamiento de aguas residuales industriales de curtiembres y su aplicabilidad en otras industrias que aportan alto contenido de compuestos contaminantes a los cuerpos de agua, aunque este tratamiento fue patentado hace ya varias décadas, en los últimos años ha cobrado mucha relevancia demostrando que, el tratamiento de efluentes de curtiembre mediante este método, es eficiente para la eliminación de contaminantes como DQO, Cr, Fosfatos, Turbidez, Color, SST, SSV entre otros, por su alto porcentaje de remoción, su baja generación de lodos, su bajo costo, facilidad de operación y otras ventajas que ofrece ante los métodos convencionales, teniendo en cuenta que la eficiencia es directamente proporcional a la densidad de corriente y tiempo de electrólisis, adicionalmente todo esto se aplica también para la industria de transformación de lácteos, siderúrgicas y galvanizado en los últimos ha sido eficiente para remover metales pesados como Ni, Pb, Zn.
Coyuntura de las MiPYMES en Colombia durante la pandemia de COVID-19: Una reflexión desde la responsabilidad social empresarial
Authors: Torres Fernández Oscar Eduardo , Bucheli Calvache Juan Manuel
Published: October 2022

La investigación presenta una reflexión sobre los desafíos de las MiPYMES colombianas durante la pandemia del Covid-19. Para el análisis se adoptó el enfoque de Responsabilidad Social Empresarial como una cuestión de negocio, bussiness case, y la racionalidad estratégica implícita. De tipo cualitativo, descriptivo, se empleó en el estudio una metodología basada en la revisión bibliográfica con el uso de categorías teóricas a las cuales se adaptó el análisis empírico inductivo. Los resultados mostraron prácticas innovadoras avanzadas en parte de las MiPYMES colombianas que se correlacionan con buenos resultados en el desempeño para la satisfacción de los stakeholders.
Gestión y organización del Sistema Ambiental Institucional en una Institución de Educación Superior. Caso Politécnico Internacional
Authors: Padilla Murcia Esperanza
Published: October 2022

Este proyecto de investigación se enmarcó en los temas de ambiente y sustentabilidad en las Instituciones de Educación Superior. En estas instituciones existe la necesidad de incorporar dichas temáticas de manera sistémica y holística. Por ello, el objetivo del estudio fue construir el Sistema Ambiental Institucional (SAI), para la gestión y organización del compromiso ambiental de una Institución de Educación Superior (IES) de formación técnico-tecnológica, en Bogotá-Colombia. La metodología de esta investigación es un estudio de caso descriptivo, donde se utilizaron encuestas, documentos y reuniones de trabajo para recolectar la información. En los resultados se observa la gestión de la institución frente a cincuenta y cuatro (54) indicadores de sustentabilidad y la organización de las líneas estratégicas, así como de la política de sustentabilidad en el marco de los Objetivos de Desarrollo Sustentable (ODS). De igual forma, se concluyó que las IES, como el PI, requieren de indicadores de medición realistas frente al contexto del país, organizados en ejes o líneas estratégicas que sean transversales a todas las áreas de la institución; con una política de sustentabilidad como base y una red de aliados, tanto internos como externos.
Association analysis on seed physical, germination and seedling traits in Pinus roxburghii Sargent
Authors: Chauhan K. , Kumar Ranjeet , Thakur I.
Published: October 2022

Data on 42 seed sources of Pinus roxburghii were recorded for different characters. Genotypic and phenotypic correlation coefficients between different pairs of characters were worked out which became insufficient to explain relationship among characters. Therefore, direct and indirect causes of association were identified with the help of path coefficient analysis which revealed that 100-seed weight (0.507), needle length (0.456), seedling height (0.422), and collar diameter (0.140) contributed directly to shoot dry weight thereby, indicating that these characters may be considered as effective traits for selection, for increasing the ultimate yield i.e shoot dry weight.
Multimodal Image Fusion in Biometric Authentication
Authors:   Hindusthan Institute of Technology, Coimbatore, India, Maheshwari Uma ,   Hindusthan Institute of Technology, Coimbatore, India, Kalpana Kalpana
Published: October 2022

During this study, a unique multimodal biometric system was constructed. This system incorporated a variety of unimodal biometric inputs, including fingerprints, palmprints, knuckle prints, and retina images. The multimodal system generated the fused template via feature-level fusion, which combined several different biometric characteristics. The Gabor filter extracted the features from the various biometric aspects. The fusion of the extracted information from the fingerprint, knuckle print, palmprint, and retina into a single template, which was then saved in the database for authentication, resulted in a reduction in both the spatial and temporal complexity of the process. A novel technique for safeguarding fingerprint privacy has been developed to contribute to the study. This system integrates the unique fingerprints of the thumb, index finger, and middle finger into a single new template. It was suggested that the Fixed-Size Template (FEFST) technique may be used might develop a novel strategy for the extraction of fingerprint features. From each of the fingerprints, the minute locations of the ridge end and ridge bifurcations as well as their orientations relative to the reference points were retrieved. The primary template was derived from the fingerprint that included the greatest number of ridge ends. For the purpose of generating the combined minutiae template, the templates of the other two fingerprints were incorporated into this template. The merged minutiae template that was developed was then saved in a database so that registration could take place. During the authentication process, the system received the three query fingerprints, and those fingerprints were compared to the previously saved template.
Վարակիչ պատվաստվող հիվանդություններ
Authors: Տեր-Գրիգորյան Գրիգոր
Published: October 2022

Ծաղկի տեսակների և դրանց դեմ պատվաստումներին նվիրված բժշկագիտական ուղղվածության հոդված, լույս տեսած 1879թ. Էջմիածնում հրատարկվող
«Արարատ» ամսագրում։
The Journey of the Monument Archives to the User Friendly Archives
Authors: Orosová Martina
Published: October 2022

In the article, the author presents one of the Slovak specialized public archives - the Monument Archives or the Archives of the Monuments Board of the Slovak Republic. Fonds and collections of the archives began to be created in 1919 in the Documentation Department, which in 1992 received the status of a specialized archives. At the end of the 1970s, the automation of document descriptions began. The first databases of archival collections were created. It was possible to migrate the structured data into a new archival information system that corresponds to international archival standards. The system is currently being modernized as part of the PAMIS project. The Monument Archives is the best archives in Slovakia, especially in providing services to the public and digitizing archival documents.
Archival Records as a Source for Studying the History of Education - NUMERUS CLAUSUS 1940 and its Consequences
Authors: Nikolova Maja
Published: October 2022

The aim of the article is to point out the importance of archival records kept in protection institutions as well as those in private hands. The author would also like to point out a lesser-known phenomenon, Numerus Clausus, which started anti-Semitism in the Kingdom of Yugoslavia, as well as the official positions of educational policy immediately before and during the first year of the Second World War.
Project Enrich Europeana + and the States Archives in Zagreb : Transcribathon Event
Authors: Galina Sonja
Published: October 2022

This paper will present the project "Enriching Europeana through citizen science and artificial intelligence - unlocking the 19th century" in which the State Archives in Zagreb is included. The project combines citizen science campaigns and artificial intelligence (AI) in facilitating access to 19th-century handwritten documents not only for researchers but also for students, amateur historians, and the general public. This paper will explain the organization of the project, like the divisions into activities as well as the desired outcomes of each of them. It will also explain the role of all the partners who are involved in the project. As for the States Archives in Zagreb, this paper will describe in detail all the tasks that the State Archives is involved in. The main focus will be on representing the organization of the Transcribathon event. The Transcribathon event serves as a crowdsourcing element of the project. The paper will exhibit elements of the Transcribathon event, the main goals of the event, the targeted group, and the materials on which the transcriptions will be done. Also, it will highlight the importance of the visibility of the archive and its materials for educational and scientific purposes.
Sources for the Study of the History of Construction in Međimurje and Koprivnička Podravina
Authors: Požgan Jasna , Posedi Ivana
Published: October 2022

This paper deals with the study of archival fonds and archival records containing information relevant to the study of the history of construction in the area of Međimurje and Koprivnica Podravina which are kept in the State Archives for Međimurje and the State Archives in Varaždin, the Collection Center Koprivnica.
Mosaic of Ashes: Poetic Responses to 9/11
Authors: Mika Katarzyna M.
Published: October 2022

By challenging and problematizing the definition of 9/11 as ‘the event,’ the article examines the extent to which the official discourse on the attacks, exemplified in speeches given by government representatives and based on preestablished binary symbolism, shaped poetic representations of 9/11. This article, by focusing on three anthologies of poetry, analyzes the diversity of poetic responses to 9/11 and the ways in which they engage with and respond to the government’s interpretation of the event and its impact on the redefinition of the sense of belonging to the national collective. The poetic heterogeneity testifies to the multiplicity of nonconsensual interpretations of the event, demonstrates its impact, and unveils the impossibility of providing any stable and shared definition of ‘the national collective.’ The attacks do not contribute to the creation of one uniting national narrative but signify multiple subjective experiences and, thus, elicit numerous distinct and discordant responses and memories of them.
Transactional Distance Education and the Life and Career Skills of Technical-Vocational-Livelihood Students
Authors:   jesica.andaya@gmail.com, edna.briones@lspu.edu.ph, https://orcid.org/0000-0003-2219-4515, Laguna State Polytechnic University, San Pablo, Laguna, Philippines, R. ANDAYA JESICA , O. BRIONES EDNA
Published: October 2022

Years 2020 and 2022 have witnessed the quick advancement, transition, and widespread accessibility of education at a distance. Although distance education has existed since the 1970s, minimal research has been done on how transactional distance education influences the life and career skills of the students in senior high school, particularly Technical-Vocational-Livelihood students. This study aimed to fill this gap by determining transactional distance education and how it affects the level of students’ life and career skills. It utilized a descriptive method of research, and the main instrument was a researcher-made questionnaire with 79 TVL students who were enrolled in the school year 2021–2022 participated in the study. Results revealed that the respondents perceived transactional distance education elements explicitly the structure, dialogue, and learner autonomy as often observed. Likewise, the students’ life and career skills were identified as evident. More so, it indicates a significant relationship between the transactional distance education elements and students’ life and career skills. This signifies that students despite having transactional distance education obtain the skill which empowers them to work well in teams, communicate with individuals they work with or encounter, and participate in virtual communities in addition to their own physical spaces. Further, it means that the elements of transactional distance education serve as contributing factors in developing and strengthening students’ life and career skills. Keywords: transactional distance education, life and career skills, technical-vocational-livelihood
Exploring Children’s Experiences Following Sport-Related Concussions
Authors: Mueller Megan , Schmidt Louis , Wright Stephanie , Ali Raza Insia , Patro Gabriella , Rana Mehwish , Volpe Richard
Published: October 2022

Objectives: To gain a better understanding of the emotional and mental experiences of child and adolescent athletes following a sport-related concussion, in order to better support these athletes throughout recovery.

Methods: Adolescents (n=21) ages 15-24 years who self-reported experiencing a sport-related concussion under the age of 18, participated in a retrospective, single group, qualitative analysis based on semi-structured interviews. Thematic Content Analysis was used to identify themes amongst participants’ responses.

Results: The results indicated three overarching domains with underlying themes and subthemes within: (1) Acute Challenges Post-Concussion (i.e., difficulty accepting unknowns, self-image and mattering, school, missing out and isolation, feelings of hopelessness), (2) Coping with Acute Challenges Post-Concussion (i.e., support, previous concussions, prioritizing mental health), and (3) Take-Aways Post-Concussion (i.e., learning about injury, self-growth, long lasting impacts on overall health).

Conclusion: Child and adolescent athletes face numerous emotional challenges post-concussion and following recovery; however, there are many ways in which children are resilient and cope with these challenges.

Implications: It is critical that the knowledge of child and adolescent athletes’ challenges post-concussion, as well as the successful coping mechanisms and protective factors utilized throughout recovery are used to develop better preventative and interventive strategies, in order to support the athletes’ well-being post-concussion.
Curriculum Ideology of the Lesotho General Certificate of Secondary Education Literature in English
Authors: Moea Kananelo Sylvester
Published: October 2022

Lesotho’s education system has been and is, like countries’, undergoing a drastic curriculum metamorphosis. Nonetheless, there exists a lack of knowledge in teachers of the ideologies underpinning their subjects thus a problem arising in pedagogical practices. This study was set to analyse the curriculum of the Lesotho General Certificate of Secondary School Literature in English syllabus, identifying the dominant curriculum ideology (ies), ranging from the most dominant to the least in context to Lesotho education system. The results revealed that the most dominant ideology is the Learner- centred ideology, followed by the Scholar-Academic, then the Social- Efficiency and last, the Social Reconstruction ideology. The conclusion is that learning of this syllabus proves that a product of Literature in English will be someone who is creative, independent and equipped in high order critical thinking and analysis. Also, the findings reveal that study of Literature situates a learner, to a certain extent, as a member of society and also one who can function as a scholar in various disciplines. However, per the findings, there is a lot more to be done as far as Social Reconstruction is concerned. Learners seem to be catered for being individuals in their development instead of also balancing areas that will enhance ability to discern social concerns and even be in a position to alleviate them
A Study on the Intellectual Property Effect of Emoticons Applied to Collaboration
Authors:   Korea Society of Public Design, Zhang Yu-Han , Kim Eung Hwa
Published: October 2022

In the trend of social and economic development centered on digitalization, emoticons are widely used in SNS as various customized expressions. Internet emoticons are developing into commercial image IPs, and famous brands are constantly collaborating with emoticons in high topicality. The purpose of the study is to examine the theoretical background of emoticons, to understand the trend of IPization of emoticons, and to present the IP effect of emoticons applied to collaboration in an empirical case analysis method. The range of the study was centered on 5 representative emoticons online. The research method used literature research, market research, comparative analysis of strengths and weaknesses, and survey method. As a result, emoticon IP which is worth developing will have two key features: external visual form and internal emotion. Through the familialization of IP in emoticons, interactive content expansion are possible. Through collaboration with other brands as cross border, IP expands the space for survival as a symbol. So I hope that many studies on the IP effect of emoticons at the time of collaboration will be conducted.
Therapeutic efficacy of video feedback in cognitive-behavioral psychotherapy of social anxiety disorder
Authors: Eskiyurt Reyhan , kun Nihan , tl Hakan , apar Mehmet
Published: October 2022

Social anxiety disorder affects the quality of life of individuals and their functionality in professional, academic, and social dimensions adversely. Cognitive therapy is an effective treatment for social anxiety disorder (CT-SAD). This study was performed to investigate the therapeutic efficacy of video feedback in CT-SAD.The CT-SAD was applied to individuals who constituted the sample of this study (n=13).The changes in the anxiety levels of individuals and the results of cognitive behavioral psychotherapy were evaluated using the evaluation questions in the CT-SAD protocol.In the 2nd session, two social interaction experiments, including self-focused attention, safety behaviors, were performed. These two video recordings were watched in the 3rd session with the participants. According to the data of the two videos, participants rated themselves significantly less anxious, felt that their feared social outcomes occurred to a lesser extent and they used safety behaviors less in the second video of their social interactions than the first video. The effect size demonstrating that the ?self-focused attention and safety behaviors experiment?wasuseful waslarge.In the self-focused attention experiment, it was found statistically significant that individuals focused more on themselves than on the outer focus.Individuals stated that safety behaviors were not effective in reducing anxiety; they did not feel anxiety symptoms when they gave the focus of attention outside, and their performance was better. Safety behavior and self-focused attention have an impact on the development and continuation of social anxiety in certain situations. It can be suggested that video feedback is an effective method with a high level of evidence in changing the negative thoughts and images of individuals with social anxiety.
An Exploratory Study of Retailers’ Operational Performance within UAE Market: A Case Study
Authors:   Faculty of Business, Higher Colleges of Technology, Al Ain, Abu Dhabi, UAE, Helal Alnuaimi Shamma , Mohammed Alneyadi Maryam ,   Faculty of Business, Higher Colleges of Technology, Al Ain, Abu Dhabi, UAE, Fadel Maitha ,   Faculty of Business, Higher Colleges of Technology, Al Ain, Abu Dhabi, UAE, Ali Alrashdi Afra ,   Faculty of Business, Higher Colleges of Technology, Al Ain, Abu Dhabi, UAE, Ali Alneyadi Bshayer ,   Faculty of Business, Higher Colleges of Technology, Al Ain, Abu Dhabi, UAE, S. A. Khalifa Gamal ,   Faculty of Business, Higher Colleges of Technology, Al Ain, Abu Dhabi, UAE, Farhan Ayda ,   Faculty of Business, Higher Colleges of Technology, Al Ain, Abu Dhabi, UAE
Published: October 2022

This study investigates supply chain management methods linked to flexibility, value chain, and capacities. It describes an exploratory study to investigate the interconnected aspects and come up with a research framework. The business drivers and response effects of a flexible supply chain were investigated in a case study on a manufacturing organization in the furniture sector. To be responsive to clients and generate concrete benefits, all the companies improved their production flexibility components with supply and logistic networks. The value chain’s fundamental flexibility may be characterized by operational, supply, and logistical perspectives, with varying levels of integration and implementation methodologies, providing varied degrees of availability in responsiveness to volume and product mix.
Hypothesis Statement and Statistical Testing: A Tutorial
Authors:   Indian Institute of Technology, Kanpur, India, K. Sharma Narendra
Published: October 2022

Many researchers and beginners in social research have several dilemmas and confusion in their mind about hypothesis statement and statistical testing of hypotheses. A distinction between the research hypothesis and statistical hypotheses, and understanding the limitations of the historically used null hypothesis statistical testing, is useful in clarifying these doubts. This article presents some data from the published research articles to support the view that the is format as well as the will format is appropriate to stating hypotheses. The article presents a social research framework to present the research hypothesis and statistical hypotheses is proper perspective.
Unpacking the Impact of CRAsWatch Announcement on EU Sovereign Bond Yields: Empirical Examination of Ex Ante and Post Ante Effects of the CRAII Regulation
Authors:   International School of Management (ISM) Department of Strategic Management, Otto-Hahn Str 19, 44227, Dortmund, Germany, Samunderu Eyden , Layher Nicoletta ,   Technik Museum Sinsheim Speyer, Eberhard-Layher Str. 2, 74889 Sinsheim, Germany
Published: October 2022

The paper aims to analyze whether if, there is a correlation relationship between Credit Rating Agencies’ (CRAs) watch announcements on EU sovereign bond yields and EU sovereign bond yields after the implementation of CRA II regulation. In theory, the role of rating agencies is to provide key information to investors regarding the risk associated with in investing in sovereign bonds. . . However, it remains unclear whether CRAs influence EU sovereign bond yields. Sovereign bond yields are collected for Austria, Germany, Belgium, Finland, France, the Netherlands, Ireland, Italy, Spain and Portugal. This country sample represents the empirical analysis of our study. Data used for this analysis includes information on European sovereign bond yields, credit watch announcements from Standard & Poor’s Financial Services, Moody’s Investors Service and Fitch Ratings and interest rate volatility are all extrapolated from Bloomberg Database. European sovereign bond yields are collected from 1940 until 2015. Our study conducted multiple linear regressions tests in order to determine if evidence exists whether there a change in yield is determined by a watch announcement made by the big three credit rating agencies before and after the introduction of the CRA II Regulation and hence, whether CRAs do influence yields with their watch announcements. According to the F-test and p-value results, the study of sovereign bonds with ten and five-year maturities shows statistical significance in both situations at a 95% and 99% confidence level.With 0 for all regression analyses, interest rate volatility is also statistically significant.
Effective judicial protection and the European arrest warrant: Navigating between procedural autonomy and mutual trust
Authors: Martufi Adriano
Published: October 2022

The article explores the ECJ case law on effective judicial protection in EAW proceedings, looking critically at the interpretation of Article 47 CFR in this context. The article reveals the approach to national procedural autonomy within the EAW case law, emerging most distinctly from the ECJ’s interpretation of “judicial authority” under Framework Decision 2002/584/JHA. The case law analysis challenges the scholarly arguments according to which the Court’s interpretation of Article 47 CFR has contributed to a significant erosion of national procedural autonomy. By contrast, the article concludes that in the context of judicial cooperation in criminal matters, the ECJ case law has mostly sought to mitigate the impact of Article 47 on national procedural autonomy. The Court may have done so to accommodate specific policy priorities pertaining to the nature of the EAW system (e.g. the fight against impunity) and uphold the principle of mutual trust.While showing internal incoherence in the interpretation of the notion of “judicial independence”, the Court has thus far failed to provide convincing arguments to secure the right to an effective judicial remedy for requested individuals in the cases at hand.

European arrest warrant, effective judicial protection, procedural autonomy, independence of the judiciary, right to an effective remedy
The Political Utilization of EU-Funded Research in EU Conflict Prevention and Peacebuilding
Authors: Pavlov Nikolay
Published: October 2022

The article analyses the political utilization of EU-funded research in support of EU conflict prevention and peacebuilding. By an institutional and empirical analysis, it seeks to assess the extent to which EU-funded research in this ‘high politics’ area is utilized in EU policy-making. The institutional analysis shows a highly complex and path-dependent EU institutional structure for research policymaking, marked by spill-over dynamics and supranational entrepreneurship. The empirical analysis is focussed on Horizon 2020 research projects as the main EU research policy outcomes. The direct political utilization of project results at the EU level is limited and fits the concept of ‘knowledge creep’. EU-funded research projects have contributed indirectly to the development of concepts which are in use in EU policy-making, such as civilian capabilities and gender mainstreaming. Project research outcomes have also been used internally in the scientific domain in terms of accumulation of scientific capital. The empirical results show a very limited level of EU research integration in this cross-sectoral area with clear horizontal differentiation between Western and Eastern Europe.

European Union (EU), research utilization, knowledge creep, conflict prevention, peacebuilding, Common Security and Defence Policy (CSDP)
Benefit Legal Entities in Italy: An Overview
Authors: Speranzin Marco
Published: October 2022

Benefit legal entities combine the normal logic of profit-making with corporate sustainability. They pursue, in addition to the profit purpose, one or more aims of common benefit to be indicated in the articles of association relating to the corporate activity. An initial question is whether the pursuit of these joint objectives (i.e., profit and social responsibility) is reserved solely to benefit corporations and whether (and to which extent) non-benefit legal entities are excluded from pursuing these dual aims. As regards the notion of common benefit, its specification in the articles of association raises some significant legal issues. Firstly, it affects the assessment of the directors’ duty of care; they are required to balance the interests of the shareholders with those other interests provided for in the by-laws, and consequently such balance has potential implications on directors’ liability. Secondly, stakeholders adversely affected by the entity’s failure to achieve those common benefit aims must be protected, but it is difficult to assess how. Finally, setting out a corporation’s common benefit could trigger, under certain conditions, the exit right of dissenting shareholders following the acquisition or loss of the «benefit status».

benefit legal entities, directors’ duties, exit right, legal entities pursuing common benefit purposes
Cross-border Insolvency Protocols: Cooperation, Coordination, and Communication Duties under the European Insolvency Regulation Recast
Authors: Madaus Stephan , Casasola Oriana
Published: October 2022

Cross-border insolvency protocols are a practical phenomenon developed at the international level in the last 30 years. These protocols are agreements entered by the insolvency practitioners to facilitate cooperation and communication between insolvency practitioners and courts involved in cross-border insolvency proceedings. Protocols have been mentioned but not regulated by the European Insolvency Regulation Recast.

This contribution seeks to analyse the aims, principles, and standard features of the protocols emerging in practice. Second, it aims to evaluate how this phenomenon fits with the duties of cooperation, coordination, and communication within the European Insolvency Regulation Recast to define the scope and role of protocols within the EU member states.

Cross-border insolvency, protocols, transnational, cooperation, coordination, communication, European Insolvency Regulation
The Choice of the Shari’a as Governing Law in Arbitration Proceedings
Authors: Vito Russo Tommaso , Donno Gianluca de
Published: October 2022

The paper aims at offering an understanding of Shari’a as an evolving legal system and the challenges that are posed to scholars by the choice of Shari’a as governing law. In particular, after having provided a critical overview of the UK case law concerning the enforceability of the reference to Shari’a in cross-border Islamic financial transactions, the Authors problematize the argument of the refusal to apply Shari’a on the assumption that non-State laws cannot be incorporated into an agreement as lex contractus by highlighting how it seems flawed by the lack of reliance upon a hermeneutical method able to promote the interpreting activity as a unitary procedure of joint interpretation of facts and legal principles in both an axiological and a systematic perspective.

Islamic law, Islamic finance law, interpretation, standardization, enforceability, arbitration, Riba, Shari’a, public order, comparative law
Obsolescing Bargain and Economic Equilibrium in International Energy Investment Contracts
Authors: Reza Younesi Hamid
Published: October 2022

This article examines the concepts of obsolescing bargain and economic equilibrium in international energy investment contracts. Equilibrium means the balance of interests that the parties’ contract embodies. Part of the idea of equilibrium is to entrench a way to keep their interests in harmony. Equilibrium is the point that host governments and foreign investors reach at the time when they strike the bargain. The equilibrium is stable if it is resilient to events which challenge it and have the potential of disrupting the balance. The point to the obsolescing bargain model is that the equilibrium is inherently unstable and therefore, there is a need for a proper framework surrounding the investment contract in order to reinforce the stability of the equilibrium. This is the key point the obsolescing bargain model makes in relation to the instability of the contractual equilibrium. If we look at it such relationship as a one-off set of rights and duties, then it is unstable. But, instead if we look at the equilibrium as a relationship that is dynamic and evolves, then it can be stable. This article underscores the significance of maintaining equilibrium in the relation of foreign investor and host state to avoid obsolescing bargain and international investment disputes.

Economic equilibrium, foreign investor, host state, international energy investment contracts, obsolescing bargain, risk of expropriation, international investment disputes, contractual flexibility, allocation of risk, contractual stability
Legislation Comment: The EU’s Attempt for a High-Quality Securitisation Market: A Success Story?
Authors: Byttebier Koen , Troyer Jolien De
Published: October 2022

This Comment discusses the new regulatory framework for securitisation operations in the European Union. In 2017, the EU adopted two Regulations to support the securitisation market: Regulation 2017/2402, also known as the ‘Securitisation Regulation’, and Regulation 2017/2401, also known as the ‘Securitisation Prudential Regulation’. These regulations introduced the so-called ‘STS-requirements’, being requirements for simple, transparent, and standardised securitisations that are considered of high quality in the securitisation market.

The aim of this article is to assess whether the EU’s attempt for establishing a high-quality securitisation market has been successful and to identify which problems remain after said attempts for installing a more flexible regulatory framework.

Securitisation, European Union, STS, Regulation 2017/2401, Regulation 2017/2402, simplicity, transparency, standardisation, high quality securitisations
Reliance on Non-tariff Measures for Self-Reliant India: An Analysis of India’s New Trade Policy Orientation
Authors: Singh Surendar , K. Mishra Utkarsh
Published: October 2022

With the introduction of the Self-Reliant India initiative, the Government of India (GOI) has underlined the importance of trade policy instruments to augment the capabilities of the domestic manufacturing sector. It has used both tariffs and non-tariff measures (NTMs) but NTMs have emerged as an important instrument of India’s trade strategy under the Self-Reliant India initiative. This article analyses selected NTMs i.e., import monitoring mechanism, quality standards (QSs), and changes in Rules of Origin (RoO) to understand the broader orientation of India’s trade policy. Findings demonstrate that the introduction of these NTMs are aimed at fostering a strong ecosystem for NTMs to restrict imports thereby extending protection to the domestic industry from international competition. It also reflects that India’s broad trade policy orientation is gradually moving towards a protectionist regime under the ‘self-reliant’ agenda.

Trade policy, Non-Tariff measures, Non-Tariff Barriers, Import monitoring system, Quality standards, Rules of origin, Self-Reliant, etc.
Playing the Game: The EU’s Proposed Regulation on Foreign Subsidies
Authors: Tokas Marios
Published: October 2022

The objective of ‘level playing field’ has become increasingly more present in international trade affairs. The European Union (EU) has recently embarked on a quest to promote and protect the level playing field within and outside the borders of the internal market. The most recent manifestation of this objective is the regulation of foreign subsidies, i.e., subsidies provided by non-EU countries to undertakings operating within the EU. The European Commission issued its proposal for a new Regulation with the goal of tackling distortions to the level playing field caused by foreign subsidies. The present article introduces the major concepts of the Proposal and provides a comparative analysis with EU State Aid law and the WTO Subsidies and Countervailing Measures (SCM) Agreement. Further, it pursues an economic analysis of the anticipated impact of the Proposal with a view of examining whether the Proposal is capable of addressing global distortions caused by foreign subsidies and ensure a level playing field. Lastly, the article examines the compatibility of the Proposal with Article 32.1 of the SCM Agreement.

Trade Remedies, WTO Law, Subsidies, Treaty Interpretation, EU Law, International Trade Law
PROBLEMATIKA UU CIPTA KERJA DALAM IMPLEMENTASI PERIZINAN USAHA BERBASIS RESIKO (RISK BASED LICENCING)
Authors: Susanto Irwan , Ikhwan M Nur , Nugara Nugara
Published: October 2022

Investasi dalam bentuk kegiatan usaha merupakan salah satu faktor penting dalam pertumbuhan ekonomi Indonesia. Rumitnya proses perizinan usaha di Indonesia masih menjadi masalah terhambatnya pertumbuhan investasi. Pemerintah mengeluarkan Undang-undang Nomor 11 Tahun 2020 tentang Cipta Kerja yang dikenal dengan “UU Cipta Kerja” dengan harapan dapat mewujudkan proses perizinan yang terintegrasi, mudah dan efisien. Penelitian ini bertujuan untuk menelaah kondisi perizinan di Indonesa dan permasalahan apa saja yang sedang ataupun mengkin dihadapi dalam penerapan UU Cipta Kerja dengan metode yuridis normative. Hasil penelitian menunjukan bahwa implementasi UU Cipta Kerja  merubah paradigma perizinan yang mulanya berbasis izin (license-based) menjadi berbasis risiko (risk-based). Sehingga perizinan berfokus pada standarisasi pelaksanaan usaha serta memaksimalkan pemanfataan teknologi informasi melalui kewajiban penggunaan Online Single Submission  (OSS). Permasalahan yang muncul yaitu terkait dengan disparitas tujuan UU Cipta Kerja serta standarisasi resiko yang belum dijelaskan secara terperinci untuk setiap kategori usaha sesuai dengan Klasifikasi Baku Lapangan Usaha Indonesia (KBLI)
CONTROLS OVER ADMINISTRATIVE DISCRETION: A CASE LAW STUDY IN THE CONTEXT OF PAKISTAN
Authors: Munir Bakht , Khan Ali Nawaz , Ahmad Naveed
Published: October 2022

With the evolution of modern welfare state, state functionaries have to perform numerous functions and discretion has to be accepted as a necessary evil. In order to avoid misuse of authority, a mechanism of legislative, administrative, and judicial controls have been devised. With the help of qualitative research methodology, this research aims to investigate how to keep control over the administrative actions without creating hindrance for the state officials in performance of their duties. Despite the fact that there are two competing views regarding conferring of discretion, the same could be adjusted with the help of reasonable controls at various stages: pre-conferment and post-conferment, which can be further categorized into legislative, administrative, and judicial controls. Nevertheless, these controls have to be exercised with utmost diligence so as to avoid apprehension of interbranch conflict and to ensure smooth functioning of the executive authorities.
DEFINING CYBER WARFARE
Authors: Tariq Khawaja Dawood
Published: October 2022

Technological advancement is always a disruptive process; its impact on society, economics, politics, military and strategic affairs are profound but it takes a certain amount of time before the effects are visible. Cyberspace has been termed as the battlefield of the 21st century. It is considered the most potent threat to international security. With the speed of technological advancement, its wide-ranging affects, and its potential weaponization, a comprehensive study to reconcile the international legal paradigm and cyber warfare is warranted. This article is a discourse analysis to examine the unique nature of cyberspace, the taxonomy and role of cyber operations in the modern-day strategic sphere, and how international law interprets different kind of cyber operations.
PAKISTAN’S PANDEMIC RESPONSE: AN OVERVIEW OF THE FIRST WAVE OF COVID-19
Authors: Naseer Nayyar
Published: October 2022

Pakistan registered its first COVID-19 related deaths in last week of February 2020.  South Asia as a region remained considerably affected by the deadly pandemic with countries like India, Iran and Bangladesh registering a high rate of fatalities and alarming rise in positive cases. Initial impact of the disease on Pakistan was quite severe and with a weak economy and broken public health system, it was anticipated that Pakistan might not be able to withstand the economic, social and psychological impact of the pandemic. However, the Pakistan government adopted the whole-of-the-nation approach by integrating its well-organized military institution along with other state and civilian institutions and tackled the pandemic proactively. The paper, using the Explanatory Case Study technique, analyses Pakistan’s dynamic response mechanism from February to October 2020, referred to as “First Wave of COVID-19 Pandemic”. The conclusions show that Pakistan orchestrated a coherent response mechanism by creating an effective governance structure, integrating multiple institutions, resorting to smart lockdowns, taking pro-poor economic measures and converting the challenges into opportunities by making indigenous COVID-19 related medical innovations through research universities. Capacity building of testing facilities, protective equipment and specialized patient care coupled with awareness through effective media campaigns paid rich dividends. Implementation of coordinated and effective response measures not only restricted the disease spread but also helped in sustaining the fragile economy of the country.
THE DISCOURSE OF CONFLICT AND MEDIA PROPAGANDA: AN ANALYSIS OF THE SELECTED US NEWSPAPER EDITORIALS
Authors: Mohi-ud-Din Hafsa , Rasul Sarwet , Munir Muhammad Zeeshan
Published: October 2022

The phenomenon of agenda-setting and cognitive hacking is at the heart of the entertainment medium in general and news medium in particular. Mass media has the discretion to choose certain news stories over others. Consequently, it is the media that decide to pick and choose numerous issues and aspects of news. Keeping this in mind, the paper explores propaganda, persuasion, and the operation of power through language in the discourse of conflict. The paper examines the selected editorials of the two mainstream American newspapers i.e. the “New York Times” and the “Washington Post”. The time frame for the collection of data is from turn of the century October 9, 2001 to August, 22 2017. Data has been collected from the archives of the e-papers of the two selected newspapers. Non-probability purposive sampling has been taken into consideration to select the editorials in the light of selected themes such as war on terror, nuclear proliferation, Pakistan’s military, Pakistan and South Asia and the US-Pakistan relations etc. The research is based on the theoretical framework comprising of the works of van Dijk, Laclau and Mouffee and McCombs. The research findings indicate that in the discourse of conflict, there are various linguistic choices, sentence structures and peculiar expressions of language, which are utilized to propagate an agenda, and therefore one-sided account of certain instances become a norm. The study is a testimony to this fact, and that is why in the selected sample language has been exploited to depict a bleak, gloomy and negative side of Pakistan. Pakistan has been portrayed as a country which implicitly and explicitly not just supports but endorses terrorism. Moreover, the use of syntactic style, sentence construction, and the notion of central and floating signifier throw light on the expression of power through language.
MAINSTREAMING CLIMATE CHANGE IN POLICY PROCESSES OF PAKISTAN
Authors: Afzal Samrana , Akhtar Shaheen
Published: October 2022

Pakistan is highly exposed to increasing threats of climate crisis. Despite growing climatic pressures nationwide, the climate coping mechanisms of the country are extremely weak. This study analyses the process of climate change mainstreaming into Pakistan’s national policy processes by deploying the Action on Climate Today (ACT) Framework consisting three pillars: the entry points, enabling environment and political economy drivers. This is blended with the theoretical assumptions of New-Institutionalism that helps in examining key institutional and policy responses to climate change at all governmental levels of Pakistan. It argues that the mainstreaming of climate change into Pakistan’s national, provincial, and sectoral socio-economic development policies, planning and implementation processes will enhance the country’s resilience against growing climatic challenges. There is meager literature on mainstreaming climate change on Pakistan and this study attempts to fill this gap. The study maps vulnerabilities, challenges and options of mainstreaming climate in planning and policy making of the country. It concludes that despite setting national and international goals regarding climate resilience, there remains an extensive gap between legislative aims and implementation of national policies in Pakistan that needs to be addressed.