bluuebunny/crossref_metadata_2025 huggingface dataset:
Combating Norm and Forum Shopping in Investment Arbitration
Authors: Katsikis Dimitrios , Shelbaya Mohamed
Published: July 2022

The present article seeks to address the norm and forum shopping in investment arbitration that results from the overlap between contract and treaty claims. By no means new, the proliferation of parallel proceedings arising from the same dispute has brought this problem to the forefront of investment arbitration again. The overlap stems from the lack of well-defined spheres of application between treaty and contract: arbitral tribunals have extended the scope of treaties to govern conduct that is not necessarily sovereign, and have construed substantive standards in a broad manner, on occasion reducing the standards to the protection of an investor’s expectations. The difficulty with such interpretations is that they present an investor with a choice as to what standard the host state’s conduct should be measured against, and before which tribunal this should take place. In extreme cases, investors are allowed to initiate simultaneous or subsequent proceedings in connection with the same set of facts before different fora. This discretionary choice of norms and/or duplication of proceedings maximises the investor’s chances not only of recovery but also of success, can allow the investor to put a host state under undue pressure, and may lead to inconsistent decisions. To address this issue, one can clarify the scope of investment treaties by clarifying the conduct treaties are meant to govern and the standards of protection they offer, thus ensuring distinct normative spheres for contract and treaty. Where two norms must nevertheless coexist in respect of the same conduct, tools such as fork-in-the road and waiver provisions can ensure that an investor cannot pursue parallel claims, whether directly or indirectly. If parallel proceedings are nevertheless initiated, concepts such as res judicata have been used to bind the investor to the decisions of the commercial tribunal through which it is claiming even if not a party to the commercial arbitration.
Adverse Inferences: A Proposed Methodology in the Light of Investment Arbitrations Involving Middle Eastern States
Authors: Sainati Tatiana E. , Ali Arif Hyder
Published: July 2022

In international investor-state arbitration—as in domestic litigation—adverse inferences can play a critical role in promoting compliance with evidence production requests and in establishing truth. Nevertheless, arbitral tribunals have proved hesitant to resort to adverse inferences, particularly when asked to draw such inferences against sovereign states, and the use of adverse inferences remains beset by ambiguity and uncertainty. This article addresses the use of adverse inferences by arbitral tribunals in the context of arbitrations involving state parties and concerning the Middle East. A survey of these cases indicates that the lack of clarity surrounding the use of adverse inferences arises in part because tribunals do not always provide reasons for drawing (or refusing to draw) adverse inferences, have been inconsistent in applying and using them, and generally prefer direct evidence over inferential reasoning. A more methodical approach to requests for adverse inferences could mitigate these inconsistencies and ambiguities, promote greater transparency and predictability, and ensure a balanced and fair application of the device in investor-state disputes. We propose a framework for applying adverse inferences, drawing on their logical and legal underpinnings, the work of international arbitration scholars, and the jurisprudence of arbitral tribunals. By using this framework, tribunals can apply adverse inferences in a more coherent and consistent manner, thereby providing greater certainty to parties, promoting compliance with evidence production requests, and contributing to the uniform development of an international lex evidentia.
Recourse Against Non-ICSID Investment Arbitration Awards in the MENA Region
Authors: Blanke Gordon
Published: July 2022

Non-ICSID investment arbitration awards can be challenged either in the courts of primary jurisdiction at the seat of the arbitration or, when opposing an application for enforcement, in the courts of secondary jurisdiction at the place of enforcement. Either way, it will be the degree of arbitration-friendliness of the national court that determines whether or not a challenge to set aside or refuse enforcement of the award will succeed. Although MENA courts are more arbitration-friendly than is commonly thought, there remains some uncertainty over how reliable they are in enforcing (investment) arbitration awards against state entities. There is little (if any) practical guidance to date. Investors are therefore advised to tread carefully before committing to arbitration in a MENA jurisdiction or seeking enforcement of a non-ICSID award there.
Reliance on Investment Treaty Standards to Claim for Failures to Recognize or Protect Intellectual Property Rights
Authors: Ahern William , Khayat Dany
Published: July 2022

This article explores novel situations in which investment protection treaties might provide relief to foreign investors with respect to their intellectual property rights. In particular, the article considers circumstances in which foreign investors might have answerable claims when their intellectual property rights are not recognized—through, for example, a refusal to register—or are interfered with by third parties in a manner that could or should have been prevented by the national authorities. The potential role and impact of political motivation in state action or inaction is considered. In exploring these issues, reference is made to the case of Anheuser-Busch Inc. v. Portugal brought before the European Court of Human Rights, as well as other hypothetical scenarios.
Accountability for Corruption in Investment Arbitration: Equitable Remedies for Findings of Illegality
Authors: Ziadé Nassib G.
Published: July 2022

This article discusses appropriate remedies for findings of corruption in investor-state arbitration. While grounded in the premise that a contract that hides corrupt payment should be null and void, the article also posits that each arbitration case involving allegations of corruption presents unique underlying facts and circumstances. The author questions the legitimacy of arbitral awards that punish only the investors and exonerate the states whose officials also may have had unclean hands. He argues that a host state that does not investigate and prosecute its corrupt government officials can be estopped in certain circumstances from raising corruption as a defense in arbitration proceedings. The article notes that several legal systems apply the unclean hands doctrine with varying degrees of strictness. Therefore, when faced with cases in which both sides are liable for a concerted act of corruption, arbitral tribunals could have a sound legal basis for resorting to remedies other than those deriving from the tainted contract.
Liquidated Damages for Delay in the Middle East: Not Etched in Stone
Authors: Chedrawe Joseph
Published: July 2022

Liquidated damages in construction contracts represent a fixed-rate mechanism to compensate employers for delays by contractors.Traditionally, common law courts do not interfere with the amount of liquidated damages due. By contrast, the local courts of certain civil law jurisdictions in the Middle East are empowered to adjust those liquidated damages, which raises important questions about how and when those courts will exercise that power and whether international arbitral tribunals will do the same.
Resolving Construction Disputes in Times of Crisis: The Theory of Exceptional Circumstances
Authors: Obeid Ziad
Published: July 2022

The severing of diplomatic ties with Qatar and subsequent application of restrictive measures have highlighted the predicament in which parties to a construction contract may find themselves when external factors affect their performance.This article examines the defences available when the performance of pre-existing contractual obligations in the MENA region becomes excessively onerous due to external events, with a special focus on the theory of exceptional circumstances.
Mechanics of Third-Party Funding Agreements:A Funder’s Perspective
Authors: Smith Mick , Wesolowski Antonio
Published: July 2022

This article aims to provide an overview of the issues associated with a litigation funding agreement (LFA) governing the non-recourse financing of an arbitration case. It covers the key items relevant when structuring a litigation funding transaction, from understanding what drives the financial terms to performing due diligence on the merits of the case and designing the sophisticated contractual framework required to deal with the interests of the various stakeholders.
Disclosure and Conflicts of Interest in Relation to Third-Party Funding
Authors: Crivellaro Antonio , Melchionda Lorenzo
Published: July 2022

Third-party funding does not raise issues of legality: it is generally admitted by tribunals without their disputing its inherent legitimacy. Rather, what causes concern is the lack of transparency vis-à-vis the non-funded parties and tribunals. The threshold issue is, thus, disclosure of third-party funding and the timing and extent of such disclosure. At the outset, the non-funded party has the right to know whether its opponent is in receipt of third-party funding, who the funder is, what the funder’s role and interest in the case are, and whether the funder has purchased the claim, reducing the nominal claimant to a mere front man. The arbitrators, in turn, need to know whether the involvement of the funder raises any conflicts of interest for them. This is not to say that third-party funding should be banned, but there needs to be some rebalancing through the implementation of a procedure allowing for appropriate disclosure.This article addresses the way in which parties, tribunals, arbitral institutions, investment treaties, and international soft law rules have been and still are refining rules of conduct so as to fairly protect the parties’ divergent interests, while safeguarding the transparency and integrity of the process.
Amicable Dispute Resolution in Egypt: Booming Statutory Coverage with Unclear Vision on Mediation
Authors: Ibrahim Fatma
Published: July 2022

This article explores statutory coverage of amicable dispute resolution options in Egypt regulating private-private, public-private, and a number of sector specific disputes. Those efforts are an important step towards renewing the interest in amicable settlement in private-private disputes, and show a paradigm shift towards proactive settlement in public-private disputes. The author argues that these efforts are missing a clear framework and vision, especially in relation to the essence of mediation and its process as established by the growing body of good practices. For example, proper definitions, clarity on the different processes regarding each of the modalities, and an emphasis on fundamental guarantees, such as confidentiality and the neutral’s duties, are missing from most instruments.The author concludes by emphasizing the importance of crafting a new streamlined vision that studies the local needs and aligns with good practices.
Costs
Authors: Winstanley Adrian
Published: July 2022

Article 5: Case management fee

5.1 As soon as practicable after the submission of the Response or, if no Response is submitted, after the time for submission of a Response has elapsed, the Chamber shall direct the parties to pay the case management fee prescribed by the Fee Schedule (the ‘Case Management Fee’), which shall be paid by the party or parties directed to pay it no later than the deadline set by the Chamber for the payment.

5.2 The Case Management Fee shall be increased correspondingly if the amount of a monetary claim or counterclaim is increased at any time during the arbitration, in which case, the amount of any such increase will be included in an advance on costs directed by the Chamber in accordance with Article 30.1.

5.3 The Chamber shall, in its sole discretion, direct the parties to pay the Case Management Fee in such proportions as it deems appropriate, taking account of all the circumstances of the dispute.

5.4 If the Case Management Fee is not paid promptly and in full, the Chamber may suspend or terminate the proceedings.

Article 30:Advances on costs

30.1 Promptly upon the notification of the appointment of the arbitral tribunal in accordance with Article 9.10, and from time to time thereafter during the arbitration, the Chamber shall direct the parties to pay appropriate amounts as an advance for the costs of the arbitration, other than the parties’ own legal and other costs.

30.2 If the payments directed are not made promptly and in full, the Chamber shall so inform the parties in order that one or more of them may make the required payment. If such payment is not made, the arbitral tribunal may, after consultation with the Chamber, order the suspension or termination of the proceedings.

30.3 Failure by a party asserting a claim or counterclaim to make the required payment may be deemed by the arbitral tribunal a withdrawal of the claim or counterclaim.
Three Approaches to Challenges of ICSID Arbitrators for Manifest Lack of Reliability for Independent Judgment
Authors: Parra Antonio R.
Published: July 2022

Article 14(1) of the ICSID Convention sets forth certain qualities that all ICSID arbitrators must possess. They must, in the words of Article 14(1), be “persons of high moral quality and recognized competence in the fields of law, commerce, industry or finance, who may be relied upon to exercise independent judgment.” In accordance with Article 57 of the ICSID Convention, a party may propose the disqualification of an arbitrator—or in briefer terms, challenge him or her— “on account of any fact indicating a manifest lack of the qualities required” by Article 14(1). Pursuant to Article 58 of the Convention, the decision on a proposal to disqualify an arbitrator will be taken by the other members of the tribunal, unless they are equally divided or the proposal relates to a sole arbitrator or the majority of the arbitrators, in which cases the decision will be taken by the Chairman of the Administrative Council of ICSID (the President of the World Bank).

Parties to ICSID Convention arbitration cases have frequently set in motion the challenge procedures of Articles 57 and 58. Proposals to disqualify arbitrators have been made in over 100 such cases. About a quarter of the disqualification proposals have been met by resignations of the challenged arbitrators. Almost all the other proposals have been rejected by decision of the unchallenged arbitrators or of the Chairman of the Administrative Council.The decided proposals all apparently sought disqualification owing to a supposed manifest lack of reliability for independent judgment.

The decisions themselves, however, have taken different approaches to the standard to be applied for disqualification, that there be a fact indicating a manifest lack of the required quality.Three main approaches can be discerned from the cases.They are examined in this article through the lenses of the individual decisions that inaugurated or prominently reinforced the respective approaches.Albeit in varying degrees, the approaches identified with these decisions have each highlighted a weakness of the disqualification procedures of the ICSID Convention, that they may less adequately guarantee arbitral independence than the corresponding procedures of leading international commercial arbitration systems. A concluding part of the article considers the scope for addressing the problem through amendments of the ICSID Arbitration Rules.
Time after Time: Using Data to Inform the Decision to Disqualify an Arbitrator
Authors: Bishop Doak , Friedman Lauren , Bruera Ed , Mcbrearty Sara
Published: July 2022

The decision whether to challenge an arbitrator is among the most sensitive decisions that counsel can make in the course of an arbitration.The consequences of doing so, or not doing so, can be serious for both parties and counsel.To study the success rates and consequences of disqualification challenges, the authors gathered data on such decisions from across four arbitral fora: the International Centre for Settlement of Investment Disputes (“ICSID”); the Permanent Court of Arbitration (“PCA”); the United Nations Commission on International Trade Law (“UNCITRAL”); and the London Court of International Arbitration (“LCIA”).We find that while successful challenges against arbitrators are infrequent across all of these fora, there are nonetheless significant differences in success rates across the fora.We also find that while disqualification challenges are generally decided promptly, there are longer delays in ICSID proceedings.
Changed Circumstances and Oil and Gas Contracts
Authors: Ziadé Roland , Plump Andrew
Published: July 2022

Actors in the Oil & Gas sector frequently have the experience and foresight to include price adjustment and similar self-regulating clauses in their long-term contracts. It has long been the case in the MENA region that this, coupled with other factors such as the type and size of the companies in the sector and the applicable business and legal cultures, has limited the number of disputes requiring third-party adjudication, notably via international arbitration. However, as the COVID-19 pandemic has entered a second calendar year and continues to roil the world economy and upend established patterns and relationships, it is timely to review the legal landscape in MENA countries in respect of force majeure, hardship and related legal doctrines concerning the potential effects of changed conditions on contracts.This is particularly relevant as a number of these national laws treat the authority of a judge or arbitrator to potentially adjust a contract to maintain or restore its economic equilibrium in the face of unforeseen changed circumstances as a matter of public policy. It is also revealing to see how arbitral tribunals have in fact dealt in the past with other situations of changed conditions affecting Oil & Gas sector contracts in the MENA region and consider the potential implications for emerging and potential disputes, including those which may emerge from disruptions secondary to the COVID-19 pandemic. This review brings into stark relief the vital importance of effective and resilient contractual mechanisms and of careful attention to the choice and significance of the national law to govern such contracts.
Spatial structure – case study on experimental plots of beech (Fagus sylvatica L.) and scots pine (Pinus sylvestrisL.) in Olovo, Bosnia and Herzegovina
Authors: Pamić Ehlimana , Ibrahimspahić Aida , Halilović Velid , Avdagić Admir , Jamaković Azer
Published: July 2022

Spatial structure is the horizontal and vertical arrangement of individual trees. It affects many processes in the stand such as stability, production and regeneration. Stand structure parameters are used to describe spatial structure on experimental plots. The paper presents methods that describe the stand structure through three levels of diversity related to position, species and size. Research has been conducted on two experimental plots from the area of Olovo. Referent trees and their competitors were selected on both experimental plots, and competitors were defined by referent tree distance. The aim of this paper is to describe the spatial structure on experimental plot of European beech (Fagus sylvatica L.) and experimental plot of European beech and Scots pine (Pinus sylvestris L.). Indicators of spatial diversity, dimensional diversity and diversity of tree species have been determined to achieve that aim. For each experimental plots are described: horizontal tree distribution (Poisson Distribution, Clapham's Variance – Mean Ratio and Morisita's Index of Dispersion), diameter differentiation (Diameter Differentiation by Füldner and Dominance Index by Hui et al.), species diversity and structural diversity (Species Profile Index by Pretzsch) and species intermingling (Species Intermingling Index by Füldner). Obtained results show that the stand structure of both experimental plots deviates from random distribution. Dimensional diversity parameters indicate stronger intensity of competition for beech trees. Analysis of species diversity showed that beech trees occur in groups or patches, and the other represented species mix more intensive.
Kvalitet i zdravstveno stanje sadnog materijala u rasadnicima u Bosni i Hercegovini
Authors: Čilaš Mehmed , Ivojević Sead , Mujezinović Osman , Prljača Damir
Published: July 2022

Kvalitet sadnog materijala ispoljava se u vidu morfoloških i fizioloških pokazatelja, kao i u vidu pojave određenih simptoma štetnog djelovanja abiotskih i biotskih faktora. Ti pokazatelji predstavljaju rezultat zajedničkog dejstva velikog broja faktora. Sa ciljem prikaza kvaliteta i zdravstvenog stanja sadnog materijala uzeti su podaci o kvalitetu sadnog materijala i njihovom zdravstvenom stanju iz četiri rasadnika sa područja Federacije BiH: rasadnik „Ajdinovići i Glog“ Olovo, „Potklečko polje“ Zavidovići, „Pržine“ Bosansko Grahovo i „Mihaljevac“ Cazin. Podaci o kvalitetu sadnog materijala upoređivani su između rasadnika po načinu uzgoja (lijeha i nisula), prema sortimentima (školovane i neškolovane) i prema vrsti drveća (četinari i lišćari). Rezultati su pokazali da je najveći utjecaj imao način uzgoja sadnica, gdje su sadnice uzgajane u nisula sistemu u poređenju sa sadnicama iz lijeha, bile daleko lošijeg kvaliteta. Razlog tome jeste neadekvatna primjena nisula sistema odnosno nepravilno pakovanje sadnica, gdje su sadnice postavljane preduboko, sa dijelom krošnje, što je imalo za posljedicu sušenje tog dijela a samim time i gubitak asimilacione površine, smanjenje prirasta, fiziološko slabljenje itd. Svako naredno poređenje kvaliteta sadnog materijala uslovljeno je udjelom sadnog materijala iz nisula sistema. Zdravstveno stanje sadnog materijala posljedica je djelovanja brojnih faktora, a jedan od tih faktora, kao predisponirajući jeste i gusta sjetva, što je za posljedicu imalo nepovoljan odnos prečnika na vratu korijena i visine nadzemnog dijela. Posljedica zajedničkog djelovanja tih faktora jeste pojava i brojnih fitopatoloških gljiva i raznih štetnika.
Zdravstveno stanje šuma u Zeničko – dobojskom kantonu u periodu od 2018 – 2020. godine
Authors: Osmanović Merisa , Zahirović Kenan
Published: July 2022

Veliki je broj razloga koji mogu dovesti do narušavanja zdravstvenog stanja šuma. Najvažniji abiotski faktori su suša, ekstremne temperature, vjetar, snijeg, itd. Od biotskih faktora, koji utiču na zdravstveno stanje šuma, najviše se ispoljava štetno dejstvo čovjeka. Isto se ogleda kroz bespravne sječe, bespravna zauzeća od strane lokalnog stanovništva, neodgovoran odnos građana prema šumama i okolišu pri čemu može doći do pojave požara (ovo se prije svega odnosi na štete koje mogu nastati tokom proljeća kada stanovništvo pali poljoprivredne površine), stvaranje divljih deponija u šumama i nekontrolisano pašarenje. Svi ovi navedeni faktori doprinose umanjenju vitalnosti šuma, što može dovesti do prenamnoženja sekundarnih štetnika, odnosno potkornjaka. U radu se govori o zdravstvenom stanju šuma na području Zeničko – dobojskog kantona u periodu od 2018. – 2020. godine. Najznačajniji faktori koji narušavaju zdravstveno stanje šuma, a koji su utvrđeni na području Zeničko – dobojskog kantona su potkornjaci, jelin moljac igličar i hrastova mrežasta stjenica i požari.
Mediación de software GeoGebra en el aprendizaje de áreas de paralelogramos en los estudiantes del 4° grado de educación secundaria
Authors: Paco García Albert , Paitan Ccorpa Jemmy
Published: July 2022

El trabajo de investigación, tiene como objetivo determinar el nivel de aprendizaje de áreas de paralelogramos con estudiantes del 4° grado de educación secundaria, con la mediación del Software GeoGebra. La secuencia didáctica de la investigación es de corte cuasiexperimental y está formada por seis actividades, cada actividad se desarrolla en una semana con una sola sección conformada por 19 estudiantes; a quienes se le administró al inicio y al final de la ejecución de la investigación una prueba de desarrollo a través del uso de GeoGebra, donde los estudiantes utilizaron herramientas del GeoGebra para graficar, identificar sus elementos, demostrar sus propiedades y calcular el área de los paralelogramos. Los resultados de la prueba de entrada muestran que el 94,7% de los estudiantes se encuentran en el nivel de inicio y el 5,3% se encuentra en proceso; mientras tanto, en la prueba de salida el 5,3%, 73,7% y 21,1% se encuentran en los niveles de inicio, logro previsto y logro destacado respectivamente, los cuáles nos muestra que GeoGebra media en el aprendizaje de la geometría. Para corroborar el resultado se hizo la prueba de hipótesis a través de Kruskall Wallis, cuyo resultado es Z = –3,733 con un nivel de significancia 5% y p= 0,00. El resultado obtenido, muestra que el aprendizaje de áreas de paralelogramos con la mediación de software GeoGebra, permite en los estudiantes alcanzar niveles de regular a destacado de aprendizaje.
Eficacia de la intervención fisioterapéutica en la regeneración tisular
Authors: Huchin Fátima del Rosario Lira , Cabrera Sheing Mas , Silva Alejandra de Atocha Aké , Ceh Jaqueline Guadalupe Guerrero
Published: July 2022

El presente artículo ofrece los resultados obtenidos de una investigación realizada en una clínica de fisioterapia de  universidad pública; cuyo fin es demostrar la eficacia de un tratamiento enfocado en la regeneración tisular de una úlcera resultante de una lesión epidérmica en pie diabético, la cual se realizó en dos etapas: Primera. – el uso de corriente pulsada de alto voltaje (CPAV), láser terapéutico, acompañado de movilizaciones articulares y dérmicas, estiramiento y reeducación de la marcha, incide en la regeneración del tejido tisular en 32 sesiones. Segunda. - la aplicación de ultrasonido terapéutico de forma directa y subacuática, estiramientos y reeducación de la marcha que permite mayor estabilidad en la deambulación, con un total de 42 sesiones. Se comprobó la eficacia de la intervención en paciente diabético, reduciendo la herida en 60% en la primera etapa y 89% en la segunda etapa, permitiendo la integración social y completa independencia del paciente para el desarrollo de las actividades básica e instrumentales de la vida diaria.
Peningkatan Hasil Belajar Lompat Jauh Pada Masa Covid–19 Dengan Cooperative Learning
Authors: Ginting Eden , Liliana Puspa Sari
Published: July 2022

Tujuan penelitian ini adalah untuk melihat bagaimana peningkatan hasil belajar lompat jauh pada masa covid-19 dengan gaya mengajar cooperative learning pada siswa kelas V SDN 101739 Sei Mencirim Tahun Ajaran 2020/2021. Lokasi penelitian ini dilaksanakan di SDN 101739 Sei Mencirim. Yang menjadi subjek dalam penelitian ini adalah seluruh Siswa Kelas V SDN 101739 Sei Mencirim Tahun Ajaran 2020/2021 yang terdiri dari 30 siswa. Metode dalam penelitian ini adalah metode PTK dengan teknik tes dan pengukuran menggunakan lembaran portofolio. Analisis data dilakukan dengan reduksi data dilakukan dengan cara menyeleksi, menyederhanakan dan mentranformasikan data yang telah disajikan dalam transkip catatan lapangan. Kegiatan reduksi data ini bertujuan untuk melihat kesalahan dan kekurangan siswa dalam pelaksanaan tes, diperoleh 7 siswa (23%) yang mencapai tingkat ketuntasan belajar, 23 siswa (77%) belum mencapai tingkat ketuntasan belajar, dengan nilai rata-rata 66,30. Kemudian dilakukan pembelajaran siklus I dengan menerapkan cooperative learning dalam pembelajaran lompat jauh siswa pada materi berdasarkan perbaikan dari siklus I diperoleh sudah 26 siswa 87%) yang telah mencapai tingkat ketuntasan belajar, 4 siswa (13 %) belum mencapai tingkat ketuntasan belajar, dengan nilai rata-rata 73,43. Dalam hal ini dilihat bahwa terjadi peningkatan nilai rata-rata hasil belajar per siklus yaitu sebesar 18,2 dan peningkatan klasikalnya sebesar 27,7%. Berdasarkan hasil analisis data dapat dikatakan bahwa melalui Pembelajaran dengan menerapkan gaya mengajar cooperative learning dalam pembelajaran pada Siswa kelas V 101739 Sei Mencirim meningkat. Dalam artian pembelajaran dengan gaya mengajar cooperative learningl mempengaruhi hasil belajar lompat jauh gaya siswa.
Zakāh On Non-Current Banking Debts: A Review And Assessment Of The Theoretical Framework
Authors: Bouheraoua Said , Mikail Said Adekunle , Ansary Riaz
Published: July 2022

This research examines the issue of zakāh on non-current banking debts within its theoretical framework. The main problems dealt with are the conflicting contemporary juristic opinions on the issue of zakāh on non-current banking debts as well as the conflicting ways that these opinions have been implemented. This makes it necessary to pinpoint the most important causes for the controversy and to identify the weightiest opinion on the matter. The study begins by defining non-current banking debts and identifying their most salient characteristics. It then undertakes an explanation of the classical scholarly controversy regarding zakāhon debts which are not yet due. The authors have chosen the second view, which is that zakāh is obligatory on debts that are currently due and upon the capital and profits that will come due during the current financial year. Nevertheless, the authors see the necessity of an empirical study relying upon experts in the calculation of zakāh to explore the economic impact that implementation of each of the three views mentioned would have and to choose the opinion that secures justice for both sides of the zakāh function (those upon whom it is due and its rightful recipients). Regarding the aggregate wealth upon which zakāh is due, the study has examined the views of contemporary scholars on the zakātablewealth of financial institutions. This is determined by accounting for all of the institution’s assets and all of its liabilities. The study explains the most prominent resolutions on this matter, as well as the evidence cited, without voicing a preference for one resolution over another. The study also deals with the scholarly controversy regarding the zakāh obligation on the government’s share in Islamic financial institutions in which it owns all or part of the shareholder capital. The authors favor the third approach regarding the obligation of zakāh on mixed wealth, that if the government rules it to be obligatory it shall be levied on all the shares, including those of the government.
A Fiqhi (Islamic Law) Analysis of the Vendee’s Right to Disclosure in Respect of Sukuk Assets’ Ownership
Authors: Abdul Majid Alaro Abdul Razzaq
Published: July 2022

This study aims at establishing the Shariah provisions on a vendee’s right to disclosure of sukuk assets’ ownership in Islamic Finance. Three main areas were the focus of the paper, to wit: the meaning and types of disclosure; classical cases of disclosure under Islamic jurisprudence, and the position of Shariah on the disclosure of ownership of sukuk assets to the vendee. The methodology adopted for the work is both descriptive and analytical, with emphasis on citation of relevant authorities. A key finding of the study is that disclosure, if properly enforced, could serve as an alternative regulatory mechanism, particularly in jurisdictions where there are no central regulatory authorities for Islamic banks or Islamic capital markets. The study further argued that the potential realms of disclosure vis a vis the Islamic sukuk assets’ ownership are three. When the two parties are silent, when the disclosure made is fraudulent, and when the disclosure itself amounts to ‘half-truth’ in law. The study recommends that disclosure with respect to ownership of sukuk assets should be made a benchmark determining whether or not a sukuk issuance is Shariah compliant. Similarly, the regulatory authorities should mandate sukuk issuing houses to make full disclosure of the status and extent of the vendee’s ownership of sukuk underlying assets.
Financing Hajj and ‘Umrah by Islamic Financial Institutions: A Case Study of Jordan Islamic Bank
Authors: Mohammed Al Ahmad Shadi Khalifa , Abdel Halim Abada Ibrahim
Published: July 2022

The financing of usufruct and services is considered one of the most important innovations in the financing methods of Islamic banking. It is still the subject of investigation and debate among scholars, jurists and researchers. Since the usufruct that we are examining relates to a Shariah ruling, i.e., the ability to perform hajj, we must explain the opinions of jurists regarding it and whether it permissible to fund hajj by what is known as a forward lease of specified usufruct in the liability of the lessor. Financial institutions employ it in the context of what is called a contract of “murabahah in usufruct”. The financial institution purchases the usufruct from a service provider and then resells it to the seeker of financing with a markup. The financial institution is able to reach and sign an agreement with the seeker of financing before purchasing the usufruct because the object of the contract is a liability. That means it does not have to be existent when signing the contract; it only needs to be available at the time of delivery. This study investigates the nature of this contemporary funding method by describing it and identifying how it is classified in the Shariah. Moreover, it examines the economic and social effects on the institution and the individual. In particular, it conducts an analytic study of the contract used by Jordan Islamic bank to finance this service
The Effect of Capital Adequacy on the Profits of Islamic Banks. A Quantitative Study of the Largest Islamic Banks in Terms of Profits during the Period 2011-2015
Authors: Nasser Suleiman , Younes Mouna
Published: July 2022

For the last four decades, the Basel Committee on Banking Supervision has worked to establish an international standard for capital adequacy that measures the amount of coverage and protection provided by the banks’ equity for the depositors’ money. This is by establishing a relationship between the bank’s capital on the one hand and its assets and liabilities on the other hand. The Committee has continued to upgrade the standard in line with developments in the knowledge of risk management. Central banks throughout the world have compelled the banks under their supervision, including Islamic banks, to apply this standard. This research aims to study the effective relationship between capital adequacy and profitability ratios of Islamic banks through an empirical study. It uses a sample of the world’s largest Islamic banks in terms of profits (15 of 25 Islamic financial institutions according to the availability of the profit data) during the period 2011 - 2015. To investigate the effect of the independent variables on the dependent ones, two simple linear regression models are used, employing the statistical program Eviews 7. The results show a positive correlation; whenever an Islamic bank tried to raise the capital adequacy ratio the profitability indicators represented by ROE .(return on equity) and ROA (return on assets) also increased However, the Basel standard was established for conventional banks, and the IFSB in Malaysia has developed a standard especially for calculating capital adequacy for Islamic banks by adapting the Basel standard to the nature of Islamic banks’ business. Therefore, the research recommends the application of this standard because it would further increase the profitability of Islamic banks.
The Moderating Role of Gender in the Relation Between Rejection Sensitivity and Depressive Symptoms in Early Adulthood
Authors: Brekalo Maja , Keresteš Gordana
Published: July 2022

Previous studies showed that rejection sensitivity is a predictor of depressive symptoms. However, it is not clear whether gender is a moderator in this relation. This study aims to longitudinally examine the contribution of rejection sensitivity to depressive symptoms in university students and the moderating role of gender in that relation. A longitudinal research with a two-wave data collection five months apart included 277 students (53 male) aged between 18 and 29 years. The results showed that, controlling for the initial level of depressive symptoms, rejection sensitivity predicted the level of depressive symptoms after five months in female but not in male students. Females with higher rejection sensitivity showed higher increase in depressive symptoms in a five- -month period than females with lower rejection sensitivity. The results for females are in line with the rejection sensitivity theory, while the results for males require further research.
Prostitution Policies in Croatia: A Critical Frame Analysis
Authors: Šipić Josip , Radačić Ivana , Baketa Nikola
Published: July 2022

The paper analyzes how social and political actors in Croatia understand prostitution by studying legal and policy documents related to the phenomenon. It also analyzes whether gender perspective is included in the existing or proposed prostitution policies. By using critical frame analysis, the paper identifies 5 dominant policy frames: public peace and order frame, protection of sexual freedoms frame, public health frame, gender-based violence frame, and sex work frame. The fact that prostitution is rarely discussed, and that only a limited number of actors deal with the issue, suggests that prostitution in Croatia is still understood as a taboo. The lack of discussion on prostitution in policy documents produced by the Government, and continuation of the inherited criminalization model suggests that political elites support the public peace and order frame. Only NGOs and the Ombudswoman for Gender Equality of the Republic of Croatia elaborate the issue of prostitution and advocate for a change in the existing legal and policy framework. However, only NGOs working on harm reduction include the voice of persons involved in prostitution.
Application of the Self-Determination Theory in Explaining Some Aspects of Seafarers' Work-Related Well-Being
Authors: Slišković Ana , Ombla Jelena , Tokić Andrea
Published: July 2022

The goal of the study was to determine the extent to which seafarers' work and life satisfaction can be explained by the six aspects of work motivation based on the Self-Determination Theory. The research was conducted on a convenience sample of Croatian seafarers (N = 286), ranging from 18 to 65 years. The applied questionnaire consisted of sociodemographic and work characteristics questions, and measures of job satisfaction, life satisfaction, and six dimensions of work motivation. The results of regression analyses showed that two dimensions of work motivation with the highest level of self-determination contribute positively to the explanation of job satisfaction and life satisfaction: intrinsic motivation and integrated regulation. Furthermore, external regulation contributes positively to the explanation of life satisfaction, while amotivation has proven to be a significant negative predictor of job satisfaction. The results indicate the importance of developing and encouraging autonomy in work motivation in seafarers, but also the specifics of work motivation that are associated with the socio-economic context of the maritime profession in Croatia.
Opioidergic and nitrergic systems mediate the anticonvulsant effect of mefloquine and chloroquine on seizures induced by pentylenetetrazol and maximal electroshock in mice
Authors: Heysieattalab Soomaayeh , Khakpay Roghaieh , Heydarabadi Mahshad Fadaeimoghadam , Mohammadi Maryam Aboureihani , Hashemi Soheila , Bagheri Fatemeh
Published: July 2022

Studies have previously demonstrated a relationship between social status and anxiety disorders such as panic disorder.
Repeated episodes of panic attacks do not occur in combination with an actual fear stimulus or stressor. However, social
ranking modulates the perception of the social signals of a threat or stressor. The hypothalamic nuclei are well‑known for their
role in the elaboration of fear‑induced reactions. The dorsomedial hypothalamus (DMH) and the ventromedial hypothalamic
(VMH) nuclei are hypothalamic subnuclei involved in the processing of threatening stimuli‑evoked aversive response and innate
fear development. These structures are also located in the medial amygdala‑hypothalamus‑brainstem circuit that modulates
innate fear‑induced defensive behaviors. This work aimed to investigate the relationship between social hierarchy and innate
fear‑induced panic‑like responses in male rats. In our study, the dominance tube test was used to determine the social hierarchy.
Then, DMH/VMH nuclei were unilaterally implanted with a guide cannula. After intra‑DMH/VMH injection of bicuculline (GABAA
receptor antagonist), both innate fear induction and differences in dominant/subordinate rats were evaluated by the open field
test. Intra‑DMH/VMH bicuculline increased the frequency of defensive immobility, forward escape movements, and crossing
behaviors, as well as the duration of defensive immobility and forward escape movements in dominant rats. Subordinate
rats showed a higher frequency of defensive attention, defensive immobility, and crossing than dominant rats. Additionally,
dominant rats demonstrated a lower duration of defensive attention and defensive immobility than subordinate rats. Dominant
rats seemed to adopt a form of innate‑fear characterized by increased proactivity with the environment. In contrast, subordinate
rats exhibited a reactive form of innate‑fear characterized by passivity and freezing.
LncRNA NEAT1 promoted MPP+‑induced ferroptosis via regulating miR‑150‑5p/BAP1 pathway in SK‑N‑SH cells
Authors: Zhao Jing , Wan Xiao‑Nan , Zhu Jin‑Peng , Liu Qing‑Cheng , Gan Li
Published: July 2022

As widely reported, dysregulated ferroptosis is closely associated with Parkinson’s disease (PD) progression. The goal of the
present study was to probe the roles of long non‑coding RNA (lncRNA) nuclear enriched assembly transcript 1 (NEAT1) in regulating
ferroptosis in PD. PD cell model was constructed by subjecting SK‑N‑SH cells to 1‑methyl‑4‑phenylpyridinium (MPP+) for 24 h. The
RNA levels of NEAT1, miRNA (miR)‑150‑5p and BRCA1‑associated protein 1 (BAP1) were evaluated using qRT‑PCR. The protein levels
of glutathione peroxidase 4 (GPX4), BAP1 and solute carrier family 7 member 11 (SLC7A11) were determined using western blot. Cell
viability was assessed using 3‑(4,5‑dimethylthiazolyl2)‑2, 5‑diphenyltetrazolium bromide (MTT) assay. In addition, fluorescent probe
2,7‑dichlorodihydrofluorescein diacetate (DCFH‑DA) was employed to determine the ROS level. Moreover, the levels of GSH, MDA and
Fe2+ were also measured. Finally, the interactions among NEAT1, miR‑150‑5p and BAP1 were identified by dual luciferase reporter gene
assay, and/or RIP assay. Upregulated NEAT1 was observed in PD cell model. Knockdown of NEAT1 elevated viability and GSH level in
PD cell model, and reduced ROS, MDA and Fe2+ levels. Moreover, NEAT1 functioned as a sponge to suppress miR‑150‑5p expression.
Moreover, miR‑150‑5p overexpression suppressed ferroptosis in PD cell model. We subsequently found that miR‑150‑5p regulated
SLC7A11 expression by directly binding to BAP1. miR‑150‑5p inhibition or BAP1 overexpression mitigated the anti‑ferroptosis effect
meditated by sh‑NEAT1. Taken together, knockdown of NEAT1 mitigated MPP+‑induced ferroptosis through regulating BAP1/SLC7A11
axis by sponging miR‑150‑5p, indicating the potential of NEAT1 as a promising therapeutic target for PD.
TFF3 promotes pituitary tumor cell migration and angiogenesis via VEGFA
Authors: Wang Xiaoan , Qin Han
Published: July 2022

Pituitary adenoma is a typical adult primary brain tumor and 35% of pituitary adenomas are invasive. The enhancement of
angiogenesis is essential for the spread and invasiveness of invasive pituitary adenoma. Thus, it is urgent to uncover the mechanism
and relevant biomolecular targets for the therapy and prognosis of pituitary adenomas. The HP75 cells were transfected with
si‑NC, si‑TFF3, pcDNA, and pcDNA‑TFF3 to investigate the effects of TFF3 on the proliferation, migration and invasion of pituitary
tumor cell. The protein level of TFF3 and HIF‑1α/VEGFA was determined by western blot. The transwell migration assay and
wound healing assay were used to investigate the influence of TFF3 on the cell migration and invasion of HP75 cells. The tumor
angiogenesis was determined by tube formation assay. The proliferation of HP75 cells was assessed by using MTT assay and
colony‑forming unit assay. The cell proliferation rate was separately enhanced and reduced remarkably in TFF3 overexpression
group and si‑TFF3 group. TFF3 could modulate the proliferation, migration and invasion ability of HP75 cells. Furthermore, TFF3
may play a oncogenic role in HP75 cells. Overexpression of TFF3 enhanced the number of branching points and network formation
in HP75 cells, suggesting the TFF3 had positive effects on cell angiogenesis. These results also disclosed a novel relationship
between TFF3 expression and the activation of the HIF‑1α/VEGFA signaling pathway. In summary, this study uncovered new insight
into the mechanisms of TFF3’s anti‑tumor activities in pituitary adenoma cells by investigating its effects on HIF‑1α/VEGFA signaling
pathway regulation.
Perfil tecnológico dos pecuaristas da bacia hidrográfica do rio Pirajibu-Mirim
Authors: Nery Liliane Moreira , Silva Darllan Collins da Cunha e , Sabonaro Débora Zumkeller
Published: July 2022

Objetivo: Analisar o perfil tecnológico de pecuaristas em uma bacia hidrográfica de Sorocaba-SP através de indicadores tecnológicos e socioeconômicos.Metodologia: Informações censitárias do município de Sorocaba, do Estado de São Paulo e dados obtidos através de entrevistas, foram utilizados nesse estudo a fim de se verificar os perfis dos pecuaristas da bacia hidrográfica em estudo. Originalidade/Relevância: Mesmo que diferentes sistemas de produção agropecuária apresentem semelhanças, cada propriedade rural possui limitações quanto aos recursos disponíveis para si. A implementação de tecnologias nessas propriedades é um elemento primordial para a manutenção desses sistemas ao longo do tempo. Contudo, é comum que pequenos produtores rurais não incorporem facilmente essas tecnologias. Dessa forma, o desenvolvimento de políticas públicas que auxiliem no investimento em capital humano, tecnológico e infraestrutural, é importante para garantir maiores níveis de produtividade, geração de renda e competividade entre os produtores rurais.Resultados: Verificou-se uma carência, quanto aos pecuaristas na região em estudo, em relação ao acesso a infraestrutura e capacitação agropecuária.Contribuições sociais: A obtenção e disponibilização dos dados apresentados, podem ser utilizados para a compreensão de parâmetros que permitem a tomada de decisões em políticas públicas voltadas para a melhoria das condições sociais, tecnológicas e econômicas dos pecuaristas presentes na área em estudo.
Leadership in Action: Authors Advocacy: Let’s Get Political
Authors: Nowobilska-Dean Krystyna , Rajan-Brown Nicole
Published: July 2022

A definition of the role of the midwife would be lost without advocacy, a core action of students and midwives globally. The Latin word for raising voices is ‘advocare’. The French word for lawyer is ‘advocat’. The roots of advocacy are political – but most importantly, advocacy is a verb. Something to be actively done: to support, to speak out.1 Applying this to midwifery starts with supporting families, extending to colleagues and the system itself.