bluuebunny/crossref_metadata_2025 huggingface dataset:
El Recurso de Apelación contra el Laudo Arbitral
Authors: Marchesini Gualtiero Martin
Published: March 2022

ABSTRACT: 1 Historical background; 2 Legislative background; 3 The sources of the impossibility of appeal arbitral awards; 4 The appeal of a non ex aquo et bono arbitral award; 5 The sources of the right to appeal in the present case.
Algumas Notas sobre a Execução de Sentenças Arbitrais Anuladas e a Convenção de Nova Iorque
Authors: Mantilla-Serrano Fernando
Published: March 2022

ABSTRACT: The recognition and enforcement of annulled arbitral awards has long been the subject of debate. In the spirit of a "delocalized" approach to arbitration, the courts of several countries have recognized or enforced such awards. This article shows that the New York Convention provides for this possibility, analyzes the scope of the Convention and its basic principles in this regard, and undertakes an investigation of relevant French and American caselaw and of approaches adopted in other countries.
The Miami Arbitration Report
Authors: Santos Mauricio Gomm Ferreira dos , Santos Mauricio Gomm Ferreira dos
Published: March 2022

ABSTRACT: In the final issue of MAR's inaugural year, we look at a collection of cases building on both recent trends and breaking new ground in the U.S. arbitration law. First, we review the Fifth Circuit's decision to stay away from compelling a party to pay its share of the arbitral costs and fees. In a down economy, the topic is particularly important. Second, we look at the effects of the sovereign immunity of the American Indian Tribes on an arbitration clause. It appears sovereign immunity can apply with equal force both domestically and internationally. Third, we go back to the Tenth Circuit to discuss the proper means for triggering appellate jurisdiction when moving the district court to compel arbitration. The answer is question of technicality and specificity in writing. Finally, we consider the latest in a line of cases on the future of manifest disregard. The Tenth Circuit is latest court to chime in by trying to dodge the question.
Flexibilidade do Procedimento Arbitral e Poderes Instrutórios dos Árbitros na Arbitragem Brasileira: Possibilidade de Restringir os Poderes Instrutórios dos Árbitros em Nome da Aut
Authors: Junqueira Gabriel Herscovici
Published: March 2022

ABSTRACT: This work aims to answer the following question: to what extent is it legal for parties in a Brazilian arbitration to limit the arbitrators powers of analyzing evidence, limiting, for example, which type of evidence is to be admitted. To answer this question, an analysis of the issue is made using the four barriers pointed out by Montoro: public order, binding rules of Law nº 9.307/1996, principles enshrined in art. 21, § 2º, of Law nº 9.307/1996 and constitutional procedural principles. Ultimately, a conclusion is reached in favor of the legality of the hypothesis, but raising doubts regarding the convenience of such an option.
Os Princípios da Lealdade, Celeridade e Confidencialidade Codificados pelo Novo Decreto Francês de Arbitragem
Authors: Montans Ana Paula M. , Derains Yves
Published: March 2022

ABSTRACT: The Decree nº 2011-48 of January 13, 2011, introduced important changes to the French Code of Civil Procedure relating to arbitration. Among them is the novel inclusion of the principles of loyalty, celerity and confidentiality. Although these principles were already part of French case law, the Decree confirms and clarifies their application, particularly regarding the confidentiality, which is a rule only in domestic arbitrations. As these notions are somewhat vague and difficult to grasp, this article analyses their application through case law and practical examples, from the point of view of both the parties and the arbitrators, including the possible remedies for their violation.
Câmara de Arbitragem da AGU e Modelo Arbitral Brasileiro: Aproximações e Distinções
Authors: Dalmas Samir Bahlis
Published: March 2022

ABSTRACT: This article discusses arbitration used by Brazilian Federal Public Administration. The debate concerns the similarities and distinctions between arbitration governed by Law nº 9.307/1996 and established by administrative acts of the AGU. The Arbitration Panel has been operating since 2007 and article reviews some of the cases judged in order to compare them with others submitted to the Brazilian legal model.
Jurisdiction of National Courts for Interim Reliefs in Aid of Foreign Arbitral Proceedings: a Proposed Solution under the New York Convention
Authors: Guilhardi Pedro
Published: March 2022

ABSTRACT: The paper discusses the change of view in what concerns the jurisdiction of national courts to entertain requests of interim reliefs in aid of foreign arbitral proceedings. In the past, national courts would assert jurisdiction only after the relevant cause of action had been established to fall strictly within its jurisdictional scope. The simple fact that a case would relate, prima facie, to assets or evidence located, territorially, within the jurisdictional reach of a given court would not suffice to establish said court's jurisdiction over the request. In current practice, the seat of arbitration proceedings is often established in view of the perceived neutrality of the lieu. However, more often than not, the relevant parties, assets and evidence are located elsewhere. Against this background, national courts (following the lead of a 1979 precedent of the House of Lords, United Kingdom), have sought to avail themselves of a more lenient jurisdictional standard, to assert jurisdiction in exceptional circumstances. In several jurisdictions, new legislation has even been adopted in order to meet the current adjudicative needs of disputes relating to international commerce and trade, a change of approach that will be discussed by this paper. Moreover, this paper seeks to determine how desirable the developing paradigm actually is, so as to ultimately propose how its implementation could be carried out in different jurisdictions within the framework of the New York Convention, and without the need of necessarily amending legislation.
Arbitragem no Direito Societário: Reflexões sobre a Eficácia Subje tiva da Cláusula Compromissória Inserida em Contrato e Estatuto Sociais
Authors: Lamaneres Patrícia Paoliello
Published: March 2022

ABSTRACT: This article tackles the matter of the binding character of arbitration agreements inserted in the bylaws of companies organized under the form of sociedades anônimas or sociedades limitadas that elect Brazilian Law nº 6.404/1976 as amended as a supplementary rule. Starting with research on the various scholarly opinions on the matter, this work first examines the arguments sustained by each positioning and then confronts them from a critical standpoint, under the perspective of the Brazilian Law of Arbitration and the Brazilian corporate regulation, as well as under the practice in solving corporate disputes, both in arbitral and in judicial proceedings. The research demonstrated the possibility of grouping the existing opinions into three major categories, namely, for the purposes herein, the conservative group, the intermediary group and the modern group - as they restrict the binding character of the arbitration agreements, respectively, (i) to partners who have formally and expressly agreed to it, exclusively; (ii) to partners who have consented to the arbitration agreement, as well as those who have not voted, those who were absent to the assembly and those who have acquired quotas or shares; and, finally (iii) to all partners, regardless of their disagreement to the arbitration clause, as a consequence of the majority principle. Ultimately, it concludes that the arguments sustained by the third group (modern) are the most adequate to the development of an arbitral culture, as well as to the proper protection of the many interests involved in a scenario of corporate dispute, deserving to prevail over the arguments sustained by the other two groups.
A Ordem Pública na Convenção de Nova Iorque sobre Reconhecimento e a Execução de Sentenças Arbitrais Estrangeiras
Authors: Schulz Alexandre Buono
Published: March 2022

ABSTRACT: The 1958 New York Convention authorizes the courts to refuse recognition and enforcement of foreign and "non-domestic" arbitral awards in case of violation of the public policy of that country. However, there being at least five identifiable levels of public policy (domestic, international, regional, transnational and truly international), the Convention does not specify which one(s) should be considered by the State court. This articles suggests that only the truly international, regional and the relevant country's international public policy be considered by the State court. The refusal, based on public policy, albeit very frequently raised by the parties, is and shall be accepted only on an extraordinary basis. Nevertheless, should such intervention be appropriate and necessary, it has to be effective and broad. It means that both merits and facts have to be subject to control, as a result of state courts' duties towards the society.
BITs, BATs and Buts
Authors: Born Gary B.
Published: March 2022

ABSTRACT: Bar Association on 15-16 November 2012, in Kiev Ukraine.
Papel das Instituições de Arbitragem na Construção da Jurisprudência Arbitral  a Procura das Melhores Práticas
Authors: Leite António Pinto
Published: March 2022

ABSTRACT: Arbitral jurisprudence, whether from court or arbitral institutions, is still far from the desirable level of disclosure. Arbitral Institutions have an essential role in the development of arbitral jurisprudence. Practices of main arbitral institutions must be known, analysed and compared, in order to reckon which best practices should be adopted by those institutions.
Cláusula Arbitral e Pacto Parassocial: Algumas Contribuições do Direito Societário para a Arbitragem
Authors: Craveiro Mariana Conti
Published: March 2022

ABSTRACT: When Arbitration of Corporate Law Disputes is concerned, it is crucial to consider that, presently, the corporate phenomenon encompasses the most various Shareholders' Agreements ("pactos parassociais"). Duly understanding the idea behind these agreements and the peculiarities of their interpretation is vital to assess how these features affect arbitration clauses therein provided. The article presents two exercises to test these arguments, stressing that the importance of acknowledging an agreement as Shareholders' Agreement is to bring the Corporate Law principles and rational to the analysis of such contracts.
Arbitrator Decision-Making: Unconscious Psychological Influences and What You Can Do About Them
Authors: Sussman Edna
Published: March 2022

ABSTRACT: Scholars have explored the impact of the unconscious on legal decision-making. Research has shown that, as with all human beings, intuitive reactions play a significant role in judges' decision-making. While there is a lack of agreement as to whether there has been sufficient study of the subject to draw conclusions as to the extent to which a judge's deliberative faculties are invoked to override the intuitive reaction, there is no question that intuition is operative and impacts a judge's decision-making as it does for everyone. Given the similarity of the tasks, one must conclude that arbitrators' decision-making is similarly impacted. This article examines the unconscious intuitive processes in the arbitration process and offers suggestions to foster a more robust deliberative overlay and improve the quality of decisions by arbitrators. It also provides suggestions for counsel's consideration to aid them in capitalizing on these unconscious influences. In order to provide a context that reflects actual arbitrator decision making, the results of a survey of arbitrators is reported where they illustrate and amplify the psychological influence discussed.
Mecanismos Pré-Arbitrais: De Quem é a Última Palavra?
Authors: Ghitti Laura
Published: March 2022

ABSTRACT: This article aims at assessing on whether or not the Courts may review the decisions taken by the arbitrators regarding the compliance with the pre-arbitral mechanisms. In order to define the nature of these decisions, a theoretical analysis will be pursued concerning the definitions of jurisdiction and admissibility and its application by arbitrators and judges, either in commercial and investment arbitrations. Although the jurisprudence is far from a consensus, it is observed that the arbitrators have last word, since any objection based on the disregard of the pre-arbitral mechanism in within the admissibility and, therefore, excluded from the state control.
La pandemia arbitral Los árbitros tóxicos y la contaminación de las deliberaciones
Authors: Plaza José María de la Jara , Huamán Julio Olórtegui
Published: March 2022

ABSTRACT: Arbitration is originated by consensus. As such, it results from the parties’ interest to discuss outside the ordinary judicial courts, shape the proceeding in accordance with their expectations and appoint the person to be responsible for settling the dispute. However, such freedom may be exercised irresponsibly. The purpose of this article is to accelerate the learning process by discussing the damages arising from such decisions. In this regard, we created ten profiles of “toxic” arbitrators and conducted a survey with 155 arbitration professionals in Latin America on how such arbitrators are seen. Following, we will analyze a contaminated area. We will open the black box and examine the brain of the ten types of arbitrators that most affect the arbitration.
A conduta dos advogados e representantes de parte em geral na arbitragem internacional  as Diretrizes IBA para a Representação de Partes em Arbitragens Internacionais
Authors: Marques Ricardo Dalmaso , Bédard Julie
Published: March 2022

RESUMO: O presente trabalho se propõe a expor e analisar brevemente as principais questões que frequentemente surgem no que diz respeito à conduta dos advogados na representação de partes em arbitragens internacionais, com foco nas Diretrizes IBA para a Representação de Partes em Arbitragens Internacionais (IBA Guidelines on Party Representation in International Arbitration), publicadas em 25 de maio de 2013.

ABSTRACT: This paper aims to briefly address and analyze the main issues that regularly arise regarding counsel conduct in representation of parties in international arbitration, with focus on the released IBA Guidelines on Party Representation in International Arbitration, published on May 25, 2013.
Privilege and document production in International Arbitration: how do arbitrators deal with different legal systems approaches?
Authors: Goldberg Karina , Gugler Corina
Published: March 2022

ABSTRACT: The nature of international arbitration is such that parties and their counsel often come from various nationalities with different legal backgrounds. Such diversity is perhaps nowhere starker than in the context of privilege – the protection from discovery and disclosure that is typically afforded to communications between business management and the respective in-house counsel or outside counsel while soliciting legal advice. When parties in an international arbitration have different understandings of privilege, disputes often arise when tribunals are dealing with requests for production of documents that may be considered “privileged” under certain regimes, but not others. Questions that frequently emerge are (i) how should the arbitrators proceed? (ii) which substantive and procedural laws should govern the dispute on privilege? (iii) and, therefore, which type of communications should the arbitrators protect and which documents should be produced? This article focuses on the possible routes arbitrators may follow in the presence of different legal systems’ approaches to privilege when it comes to document production in international arbitration. First, it discusses the similarities and differences between various privilege regimes in North and South America, Europe, Australia, and Asia. Second, it provides an overview of the principles frequently drawn upon by arbitrators when selecting the applicable privilege law. Third, it sets out practical tips and potential approaches concerning the choice of applicable privilege law when parties come from different privilege regimes. Finally, a few concluding remarks.
Arbitragem e Tutela de Urgência: Confronto entre os Sistemas Brasileiro e Português
Authors: Leite Clarisse Frechiani Lara
Published: March 2022

RESUMO: O artigo apresenta análise comparada da tutela de urgência na arbitragem doméstica no Brasil e em Portugal, à luz do Código de Processo Civil brasileiro de 2015 e da Lei da Arbitragem brasileira (Lei nº 9.307/1996, com alterações promovidas pela Lei nº 13.129/2015), bem como do Código de Processo Civil português de 2013 e da Lei de Arbitragem Voluntária portuguesa de 2011.

ABSTRACT: This article presents a comparative analysis of interim mesures in Domestic Arbitration in Brazil and Portugal, in accordance to Brazilian Civil Procedure Code (2015), Brazilian Arbitration Law (Lex nº 9.307/1996, modified by Lex nº 13.129/2015), Portuguese Civil Procedure Code (2013) and Portuguese Voluntary Arbitration Law (2011).
Breves Comentários Acerca das Novas Leis de Arbitragem Comercial Internacional de Argentina e Uruguai
Authors: Rossetto Julia Guimarães , Salton Peretti Luís Alberto
Published: March 2022

Argentina and Uruguay promulgated, in 2018, new international commercial arbitration statutes following the UNCITRAL Model Law. Such countries evolved from a monist system, which made no difference in what regards the law applicable to domestic and international arbitration, to a dualist system providing a specific legal framework for international arbitrations. The article analyses the arbitration background in the two countries and examines the text of the new laws in comparison with the UNCITRAL Model Law and with the Brazilian Arbitration Act. The article also investigates the effects of international treaties on the legal regime applicable to arbitration in such countries, especially from the viewpoint of Brazil. In conclusion, the analysis indicates that Argentina and Uruguay both adopted a modern legal framework amenable to promote the development of arbitration between business actors in the region.
Árbitro de emergência: conceito, desenvolvimento e adequação
Authors: Figueiredo Raphael Rodrigues da Cunha , de Souza Antonio Pedro Garcia
Published: March 2022

Emergency arbitrator provisions have assumed increasing importance in the arbitration practice, being now foreseen in basically all institutional rules. In addition to the reasons that led to the emergence and development of such institute, this essay intends to describe, from the analysis of its typical characteristics, the practical circumstances that make, or not, the emergency arbitrator a better alternative to the Judiciary.
A análise econômico-jurídica da arbitragem expedita
Authors: Arend Andréia Propp , Benetti Timm Luciano
Published: March 2022

Expedited arbitration is an appropriate and private method of conflict resolution, with international origin. This method is progressively adopted in Brazil by virtue of legislative and regulatory permission, to resolve disputes of low complexity and low values involved. This study aims to analyze expedited arbitration from the perspective of the Law & Economics, as a tool to verify transaction and opportunity costs in choosing the procedure to adopt. In the research was adopted the method of theoretical and deductive approach, using the method of documentary research procedure. For this purpose, bibliographic research, data collection and legislative and regulatory analysis were used. The research contributes to the identification of the procedure as a way of giving companies access to arbitration through an important cost-benefit relationship, depending on the quantity and quality of the information that the parties are willing to present to each other and to the arbitrator in a short time. As a result, it can be concluded that the economic-legal analysis of expedited arbitration can demonstrate that the expedited procedure presents itself as a transaction and opportunity cost reducer, bringing advantages to parties who need a speedy specialized judgment in cases of low complexity.

Expedited arbitration; transaction costs; opportunity costs.
Current techniques used to perform surgery for anterior and posterior vaginal wall prolapse in South Korea
Authors: Kim Soo Rim , Suh Dong Hoon , Kim Woojeong , Jeon Myung Jae
Published: March 2022

Objective This study aimed to evaluate the current surgical techniques for anterior and posterior vaginal wall prolapse repair in South Korea.Methods A web-based questionnaire survey was sent to 780 members of the Korean Society of Obstetrics and Gynecology. The items assessed in the questionnaire were the demographic characteristics and current surgical techniques used for the correction of anterior and posterior vaginal wall prolapse.Results The response rate was 16%. There were variations in the suture materials and methods used for anterior and posterior colporrhaphy. Most respondents used only rapid absorbable suture materials to plicate the fibromuscular layer and close the mucosal layer of the anterior and posterior vaginal wall. Simple interrupted sutures are the most popular suture method for both the fibromuscular and mucosal layers. Thirty-one and eleven percent of the respondents used mesh for surgical correction of anterior and posterior vaginal wall prolapse, respectively. Concomitant perineorrhaphy was routinely performed with posterior vaginal wall repair by 42% of the respondents, whereas 58% performed perineorrhaphy only in cases with perineal defects.Conclusion There is considerable diversity in the current surgical techniques for anterior and posterior vaginal wall prolapse repair in Korea. Further research is required to standardize the surgical techniques.
Impact of Tourism on Pakistan Economy
Authors: Shehzadi Irum , Sandhu Muhammad Ejaz
Published: March 2022

Tourism is a main and one of the biggest businesses in the world. Above the previous two eras, tourism has grown-up exponentially and is now measured to be one of the vital assets to raise economic development. The purpose of this study is to determine the impact of tourism on Pakistan economy. Tourism is one of the greatest essential features for the economy of different countries.  Economic Impacts are usually seen as positive, contributing to employment, better services, and social stability. It is the additional main business in languages of individuals it employments. Tourism can play a vital role in the GDP of Pakistan. Pakistan is fortunate enough that it attracts almost all types of tourist national and international. Pakistan has long coastal belt, historical places, religious places, rivers, lakes, mountains etc.
The Islamic Banking Operations and Carroll’s CSR Pyramid. A Systematic Review
Authors: Ullah Inayat , Hussain Iqtidar , Sagoo Abdul Ghaffar
Published: March 2022

The corporate social responsible is not new concept in today’s business life. Which has now turned from literary to more strategic and influences the profits of an organizations. Islamic finance in itself is also considered as more social than conventional one. It is thought that products offered by Islamic banks comply with the concepts of social responsibility. To find out the fact; this study was initiated by making comparison of widely used Carroll’s CSR pyramid with the basics of Islamic finance. For the purpose, readily available literature was reviewed and concluded that Islamic banking products are in parallel with all five components of Carroll’s CSR pyramid. Islamic banks are acting as development institutes rather than loan houses by eliminating interest from the core banking activities. The concepts of Islamic finance are aimed at equal distribution of wealth and equal opportunities available to poor or suppressed sectors of economy for more productivity; hence resulting in foster economic growth. Like conventional banks (those follow Basel committee rules), Islamic banks also follow rules/guidelines formulated by AAOIFI and IFSB to ensure transparency, trustworthiness and sense of responsibility. In overall operations/progress, Islamic banks are acting as good corporate citizen.
Indo- Afghan Nexus: Implications for Pakistan (2001- 2014)
Authors: Zafar Muhammad Umair , Shah Nazir Hussain , Parveen Tahira , Syed Tayyaba
Published: March 2022

Afghanistan, unlike India and Pakistan, has never been colonized throughout its history. People of Afghanistan have always enjoyed cordial relations with the people of undivided sub-continent. However, the creation of a new state ‘Pakistan’ was considered as both, a threat and a geo-graphical de linkage between the people of Afghanistan and India. Both Indo- Afghan strengthen their bi-lateral relations through the treaty of friendship 1950. On the contrary, Afghanistan was the only country to vote against Pakistan’s admission to United Nations Organization. Despite of lingual, cultural and religious ties, Pak- Afghan relations failed to form strong basis. Since the emergence of Pakistan, India has been engaged in derailing Pakistan’s stability and security through its multidimensional approaches. India’s aim to isolate Pakistan in its neighbors is a serious implication for Pakistan. Indian consulates in Kandahar and Jalalabad near the Pak- Afghan border have further raised serious concerns for Pakistan about the Indian presence in Afghanistan. The US war against terror campaign and Pakistan’s policy reversal against Taliban grew severe resentments among the Afghan Taliban against Pakistan. This article analyzes the Indian designs and its involvement in Afghanistan which directly affects the security and stability of Pakistan.
Spatial Analysis of the Increased Arsenic Concentration in Groundwater of Southern Punjab, Pakistan
Authors: Anum Iftikhar  , Shi Hongbo  , Ahmad Maqsood , Ali Nasir , Saddam Hussain
Published: March 2022

Extensive pumping and less recharge of groundwater increase concentration of Arsenicin it; thus, make it injurious for human health. This study explores the water quality indicators of groundwater of the arid and populous areas of Southern Punjab – Pakistan, which experiences extensive pumping for irrigation and drinking purposes. Spatial data of 550 locations from the three major cities of this area namely Multan, Muzaffargarh, and Khanewal were collected to observe the 8 well known water quality indicators set by Pakistan Environmental Protection Agency (PEPA) and World Health Organization (WHO). Firstly, we computed pairwise correlation coefficients among these indicators and later on contamination load for this data was also calculated by using factor analysis. Several regression models were fitted and the established equations were evaluated based on their coefficient of determination for pairs of variables. Factor analysis suggested 3 groups of indicators that were chemically correlated and showed concurrence with regression analysis. Among the water samples, 27% showed undesired Arsenic concentration that violated thePEPA and WHO standards. Lastly, we spatially mapped these indicators to predict the unmonitored locations which will enable stakeholders and policymakers to take decisions in the best interest of the health of community living in these areas.
Investigation of the key success factors of ventures incubated at IBA CED incubation center; An Empirical Study
Authors: Qureshi Shahid , Mustafa Abdullah , Talha Muhammad , Ahmed Azad , Amin Misbah
Published: March 2022

Incubation is being used as a mechanism to promote entrepreneurship across the globe. The Pakistani universities have also followed this and are establishing incubation centers. However, the success rate is not very encouraging. The IBA incubation program is a unique form of incubation programs as it emphasizes more on the understanding of the entrepreneurial mindset and the effectuation theory before pursuing entrepreneurial journey.  This paper describes the IBA incubation fellowship model and its practical application on new startups. The paper analyses the companies who were incubated and identifies the key success factors of these firms. This paper adds to the literature on incubation in Pakistan.
Estimation of Education Production Function: A Case Study of Selected Villages in District Nowshera, Khyber Pakhtunkhwa, Pakistan
Authors: Khan Muhammad Adnan , Nisa Zebun , Jan Khairullah
Published: March 2022

Education production function relates school, teacher and student inputs to measure the student output. The objective of this study is to investigate the determinants of educational outcome in the study area by estimating an education production function for Government and Private higher secondary schools in Nowshera. Education plays an essential and important role in the development process, as a high-quality of education system is a key element by which a developing country can expands skills, knowledge and capacities of individuals, thus, increasing stock of human capital. Human capital is a key element in economic progress and raising standard of living. Pakistan is perhaps the country of the world for which efficiency in education is most important, as policymakers are faced with the combination of a rapidly growing population, low level of education and limited resources. Without high quality educational system and an accurate understanding of the determinants of educational outcomes, it will be difficult to enhance efficiency. For this purpose, cross sectional data and OLS was used to specify production function, using annual examination scores as output (dependent variable), while using school inputs, student characteristics, family background and teacher characteristics are as inputs (independent variables) in the private and public schools. Results of the study shows that student’s characteristics, teacher’s characteristics and family background except mother education, profession and income, has positive and statistical significant impact on students academic performances. The results of this study have important policy implications for Nowshera in particular and for Pakistan in general.
Análisis constitucional, administrativo, societario y penal frente a la transgresión de derechos y garantías derivados del estado de excepción, decretado por la emergencia sanitaria covid - 2019
Authors: Rengel Maldonado Paz Piedad , Macas Saritama Rolando Johnatan , Arrobo Rodríguez Paulo Cesar
Published: March 2022

El presente trabajo pretende analizar fundamentadamente desde la observación, la problemática jurídica, constitucional, societaria, administrativa, penal  y económica que atraviesa la sociedad ecuatoriana al decretar la Función Ejecutiva el estado de excepción a causa de la pandemia mundial por el COVID-19, lo que generó como resultado varios decretos ejecutivos y acuerdos ministeriales cuyas disposiciones vulneraron derechos y garantías constitucionales de la población ecuatoriana, y de manera particular a los servidores públicos, transgrediendo su seguridad jurídica, frente al derecho al trabajo, movilidad humana, salud y seguridad ciudadana, inobservando la supremacía y jerarquía constitucional, situación que motivó el estudio y análisis de las disposiciones Constitucional, Administrativo, Societario y Penal, con la finalidad de verificar si se transgredieron derechos y garantías de los ciudadanos, se atentó contra la seguridad jurídica de los mismos o si el estado brindó la protección debida de los derechos fundamentales a quienes por situaciones de pandemia requerían de dicha protección.
Frente a esta problemática, es necesario que el estado ecuatoriano, garantice la seguridad jurídica, protegiendo los derechos de la población que por fenómenos o desastres naturales se encuentren en riesgo, brindándoles seguridad y protección que les permita superar esta emergencia, protegiendo la vida, las fuentes de trabajo, la producción,  la mano de obra y aplicando las disposiciones establecidas en nuestra legislación y de ser necesario emitir o reformar las leyes con la finalidad de evitar abusos de poder por falta de disposiciones legales.
La construcción de sujetos sexuados en Ecuador
Authors: Robalino Cristian
Published: March 2022

En este ensayo analizo la ley de inscripción de nacimientos emitida por el Registro Civil del Ecuador que establece la obligatoriedad de inscribir el sexo de las personas al momento de nacer. Parto de la premisa que la identidad sexuada es una categoría socialmente construida, y que al igual que el género se nos impone al momento de nacer. En el desarrollo del ensayo abordo la manera en que las concepciones médicas en torno al sexo refuerzan la idea de que las personas somos constituidas por dos sexos, masculino y femenino. Por ello, lo que planteo es que tanto la ley de inscripción de nacimientos (artículos 28-32) como los conceptos médicos construyen sujetos sexuados y que para ser ciudadanos primero debemos ser determinados, en una identidad. Esta identidad siempre es sexuada y al margen de ella no adquirimos el status de persona, y tampoco se nos considera ciudadanos, por ende sujetos de derecho dentro del estado ecuatoriano.
Factors Directing Linguistic Change in External Linguistics
Authors: Eyal-Salman Azmi
Published: March 2022

The structuralist movement distinguished between the two types of linguistics: internal linguistics and external linguistics. This classification aimed at determining and naming clear distinctions between the factors in which the linguistic determination process is distributed in modern linguistics. There are internal factors, motivated by subjective principles, which are the fixed forces that direct and balance the language system at the same time. There are also external factors, more dynamic factors that direct the language system and control its change. According to the model adopted by the study, the external factors are confined to two groups: one relates to the expelling forces of the language, and the other relates to the attractive forces of the language. The importance of this determination lies in its display of an aspect of the law of equilibrium that governs the development of all languages. There are two opposing tendencies that direct the language in two contrasting paths: one of them tends the language toward disorder, and the other tends to stabilize it. This study adopted the attractive forces of language as its subject, detailing three external factors that had a major impact on steadying and stabilizing the language and in reducing the speed of change and disturbance. These factors were represented in three main institutions: the scientific domain, the cultural domain, and the political domain. The study concluded that these three domains or contexts have a prominent role in forcing speakers to adopt a unified linguistic identity that imposes a kind of stability on the language in use. All of them have contributed, with their hierarchical functions, after each other, in creating a safe environment that preserves the language’s balance and gives it a measure of relative stability in order to enable the language preserving its essential function, which is to remain a valid tool for communication between people.
Effect of Decomposed-Stone Dust on Properties of Concrete
Authors: Choosakul Chookiat , Yongsata Khwanchiwa , Monkaew Sunun
Published: March 2022

TThe objective focused on the study of shrinkage behavior of concrete using Decomposed-Stone Dust to replace Portland cement type 1 in the ratio of 10, 15 , and 20 percent by weight of binder as well as designing compressive strength at 280 kg/cm2. Testing the formation time,  shrinkage behavior, and compressive strength of concrete was compared with the concrete using Portland cement type 1. The study found that the concrete using Decomposed-Stone Dust  was an increased formation period in accordance with the amount of replaced Decomposed-Stone Dust. Autogenous shrinkage, dry shrinkage, and compressive strength of concrete mixed with Decomposed-Stone Dust were less than control concrete. In all mixing ratios, the ratio of 20% replacement of Portland cement dust was the most suitable for this study. The initial formation time was 155 minutes. The final formation period was 305 minutes. The autogenous shrinkage was 312 microns, the dry shrinkage was 699 microns and compressive strength was 286 kg/cm2 respectively at age 28 days.
Câteva date despre locuirea de tip Boian-Vidra de la Radovanu- La Muscalu, jud. Călărași / Some Data About Boian-Vidra Type Habitation from Radovanu-La Muscalu, Călărași County
Authors: Ștefan Cristian Eduard
Published: March 2022

In this contribution the author presents a group of archaeological materials from the eneolithic settlement of Radovanu-La Muscalu, Călărași County. /eir provenance is from a Boian-Vidra archaeological layer who was discovered under the four Boian-Spanțov settlements from Radovanu and they are unpublished. /eir publication is necessary keeping in consideration the scarcity of other published materials belonging to the Vidra phase of Boian culture from the literature.
Căi de comunicație nord-transilvănene și direcțiile de trafic ale Clujului medieval / North Transilvanian Communication Routes and the Traffic Orientation of Medieval Cluj
Authors: Toda Oana
Published: March 2022

The purpose of the present study is to synthesise the data gathered so far in relation to the main medieval roads of the north-Transylvanian region, with special focus on the gradual evolution of the town of Cluj and various influences the urban centre and the road system have effected upon one another. Mainly grounded in the data collected from the archival sources, the reconstruction of the trans-regional and provincial routes which developed in the Someșul Mic water catchment area could not have been achieved irrespective of its tight connection to the economic and, most of all, commercial traits of the region in the medieval period. Likewise, a preliminary classification of the roads, based on the medieval denominations by which they were recorded in charters (mainly perambulations and toll exemption or donation letters), was conducted in order to catch a glimpse into their hierarchy and economic functions. On the basis of these two criteria, nine major routes were selected and described, all of them firmly connected to the developing trade phenomenon (multiplication of market places) and to the evolution of the traffic toll-collection system (in accordance to the general tendencies recorded on a macro level for the entire kingdom of Hungary). Several long-distance and regional routes were determined as converging towards Cluj and certain control points, established by the royal, provincial and county authorities for a better traffic surveillance, emerged in key locations (such as Baciu, Huedin, Bonțida and Sânnicoară).
The Fortifications in Orăştie Mountains as Enclosures
Authors: Henţ Alin
Published: March 2022

Enclosure-making is a phenomenon of human evolution that can be identified throughout all historical periods. Within archaeological research, the most frequently encountered types of enclosures are ditches, banks, and walls. During the last few years, specialists in the relevant field of research from Western Europe have started to approach this topic from various perspectives in an attempt to explain the reasons behind this phenomenon rather than its technical aspects. This is precisely the reason why the term enclosure covers a wide range of constructions and designs but does not necessarily indicate a clear functionality. The Dacian fortifications from the Orăştiei Mountains, i.e. Băniţa, Căpâlna, Costeşti-Blidaru, Costeşti-Cetăţuie, Grădiștea de Munte-Sarmizegetusa Regia and Luncani-Piatra Roşie can also be included in this category of enclosures. Over the following pages I will attempt to examine them according to a model of analysis employed for the Iron Age fortifications on British territory also to Orăştiei Mountains fortresses
Câteva sarcofage din piatră de la Dierna (Orșova) din lapidariul Muzeului Național al Banatului / Some Stone Coffins Discovered in Dierna (Orșova) from Lapidary National Museum of Banat
Authors: Timoc Călin
Published: March 2022

The ancient city of Dierna can not be archaeological investigated because of the Danube waters that forms in the area the reservoir of Iron Gates. We know little about the roman settlement and exploitation of any information is important to write the history of this place. The stone coffins found in the necropolis of Dierna and preserved in diffrent museums offer us relevant information about the ancient population here and they funeral beliefs. Such a category of materials are the few limestone coffins from Dierna, of whose existence we already know from the beginning of the last century that adorned the exhibition of the museum from Timișoara. Of these monuments (a large adult coffin, a child sarcophagus and a small oval stone bowl used increasingly likely for the burial of a newborn child) will be analysed in this paper.
Hidden in the mists of Danube’s Mesolithic: Stubica, a ‘Lepenski Vir – Schela Cladovei culture’ type site in Serbia
Authors: Rusu Aurelian
Published: March 2022

This paper discusses the recorded and published finds from Stubica, a site of the ‘Lepenski Vir – Schela Cladovei culture’, emphasizing the presence of trapezoidal stone structures which are characteristic of this culture. The importance of the site and its architectural features within its broader archaeological context of the Iron Gates Mesolithic and Neolithic is also addressed.
Sourcing Obsidian Artifacts from Archaeological Sites in Banat (Southwest Romania) by X-ray Fluorescence
Authors: Glascock Michael , Barker Alex , Draşovean Florin
Published: March 2022

This article concerns the chemical analysis by X-ray fluorescence and source determination for five obsidian artifacts from archaeological sites in Banat (Southwest Romania). The results show that all of the artifacts could be assigned to an obsidian source located in the Kosice region of Slovakia. The specific source is known as Čejkov and it is a sub-source of the Vinicky source.
Date radiocarbon din situl arheologic de la Turdaș-Luncă (cercetările preventive ale Anului 2011) (V). Cronologia absolută a Culturii Turdaș în situl eponim acesteia
Authors: Luca Sabin Adrian , Sava Tiberiu Bogdan , Ilie Maria , Dima Andreea , Pascal Daniela , Sava Gabriela , Mănăilescu Cristian , Perianu Florentin , Teodorescu Raluca , Luca Adrian
Published: March 2022

Preventive archaeological research from 2011 led to sensational discoveries. Between these, samples were collected for the extraction of radiocarbon data. We analyze them in these lines. !ey belong to the epochs: early Neolithic and Eneolithic (Turdaş culture), developed Eneolithic (Petreşti culture) and the classical dacian period (1 st century BC – 2 nd century AD). We have, at this moment, the first stratigraphic column corroborated with absolute chronological data of the site that gives the name of the Turdaş culture.We analized 40 samples that were collected from closed archaeological features (deep dwellings, pillar pits, ritual pits). !e radiocarbon data obtained (from coal remains and animal bones) corroborated with stratigraphhic observations led to the absolute and relative chronology of the from Luncă point, but also to an absolute chronology of the Turdaş culture,a cultural phenomenon distinct from the Vinća culture. It influences it to a small extent (phase Ia (fig. 33–40; table VI; graph 11–12) and b (fig. 24–32; table VI; graph 9–10); phase I/II (fig. 19–23; table V; graph 7–8); phase II (fig. 11–18; table IV; graph 5–6); phase II/III (fig. 8–10; table III) and phase III (fig. 5–7; table III; graph 3–4). !e next culture – Petreşti – is illustrated by the samples from fig. 3–4; table II; graph 2, and the classical dacian period through those from fig. 1–2; table I; graph 1). In graph 13 we have a general illustration of the evolution of radiocarbon data for Turdaş and Petreşti culture.All these firm data will bring a little peace in the souls of those seeking successes not achieved through work, but through speculation.
Studiu preliminar asupra artefactelor din piele provenite din situl arheologic Piaţa Sfântu Gheorghe – Timișoara 2014 / Preliminary study on leather artifacts from the archaeological site Piaţa Sfântu Gheorghe-Timisoara 2014
Authors: M-Kiss Hedy
Published: March 2022

The paper presents preliminary data on leather and textile artifacts from the Timisoara site, Sfântu Gheorghe Square 2014, data that will be taken into account when initiating the conservation operations of the artifacts.
Political Options and Electoral Behaviour in the Case of the Arad Romanian Elite at the End of the Nineteenth Century
Authors: Iudean Ovidiu Emil
Published: March 2022

Our study aims at capturing some aspects of political behavior and attitudes of the local elites, in the county of Arad, during the parliamentary elections from 1884, starting from a series of events that profoundly influenced the direction of political action of the Romanian intellectuals in Arad. The purpose was to approach the internal political context surrounding the 1884 elections, the origins of the two political directions in the county of Arad in this period, the kinship relations of the major political figures, as well as their involvement in the campaign and the elections themselves. We tried to achieve a detailed image of the political opinions, electoral strategies and the particular and group interests that dominated the political class in Arad in the last decades of the 19th century.
Darstellung der Deutschen und der deutschen Minderheiten Rumäniens in den rumänischen Schulbüchernfür Geschichte und für Erdkunde der 3. bis 10. / 12. Klasse 1948 – 1989: Eine Periodisierung / The representation of the Germans and German minorities in the Romanian school history books (grades 3–10/12), between 1949 and 1989. A chronology
Authors: Blasen Philippe Henri
Published: March 2022

On the basis of the primary and secondary school textbooks of communist Romania, this study evidences and periodises the evolution of the image of the two German states and of the German minorities of Romania throughout the Romanian communist regime, from 1948 to 1989. The study establishes that the image of the two German states and that of the German minorities were negative during the first half of the communist regime and positive during the second half. However, the negative image of the German minorities faded already in 1958 and became positive as from 1962, whereas the negative image of the Federal Republic of Germany remained nearly unchanged until 1968, when it overthrew the image of the German Democratic Republic, which had been until then the German model state. The study brings up the hypothesis that the image of the German minorities of Romania depended on the intern ideological changes, whereas the image of the two German states was related to the changes of diplomatic relations.
Impresiile bănăţeanului Vicenţiu Grozescu despre Dobrogea la 1885 / The Dobrogea in the View of Vicenţiu Groozescu in 1885
Authors: Ardelean Radu
Published: March 2022

Vicentiu (Vincent) Grozescu (1838–1897) was born and lived all his life in Banat, the province of Hungary, and had the offi ces of Greek-catholic priest and archpriest. He was very interested in history and ethnography of the Romanians, those of Banat in the fi rst place, but not exclusively, and published some studies concerning the relations of the Romanians of Banat with the Hungarians and Austrians. He also made trips in Romania, independent state from 1878. In 1885 he relates his impressions about Dobrudja, the region between the Danube and the Black Sea, which was attached to Romania in 1878, until then being under the Ottoman rule.% e visitor was astonished of the life style, the customs and the clothes of the inhabitants, most of them Turks and Tartars, which he describes for the review Familia (' e Family) from Oradea, where he cooperated also before. % e two principle characteristics of his essay are the superior position of a western versus the oriental civilization which is even blamed, and the pleading for the (re) Romanization of the province by means of colonization of Romanians from the mountains of Transylvania.