bluuebunny/crossref_metadata_2025 huggingface dataset:
Capping of Bankers Bonuses? Case C-507/13 UK v. Parliament and Council
Authors: Randall Michael , Lu Longjie
Published: March 2022

This case note considers the United Kingdom (UK) government’s unsuccessful challenge in the area of regulating variable remuneration for bankers at Union level. It explains the UK’s arguments and the reasoning of the Advocate General. It also considers whether or not the UK was correct to withdraw its legal challenge and the likely consequences of the decision, highlighting that the provisions may not necessarily achieve their desired aim and the potential for future conflict following the recent publication of further EBA guidelines.
Principles and Policies of Resilience in European Critical Infrastructures: Cases from the Sectors of Gas and Air Transport
Authors: Simoncini Marta , Lazari Alessandro
Published: March 2022

This article aims to contribute to the development of legal research on the regulation of resilience by analysing how to operationalize the resilience paradigm in the area of European Critical Infrastructures (ECIs). ECIs are those assets providing essential services which disruption or collapse is able to produce transboundary externalities in more than one Member State; that is, at regional levels or throughout the European Union (EU).Today’s protection of ECIs focuses on the promotion of resilience as a fundamental characteristic that preserves the functioning of services in disaster-related situations. The resilience paradigm raises significant challenges to EU law and regulation. First, law itself has to become familiar with the undetermined concept of resilience. Second, in order to avoid unjustified burdens on operators and on the collectivity as a whole, law has to understand to what extent it is able to infuse with resilience ECIs’ organization and governance. In this task, policy is a complementary tool that supports law in the understanding of resilience.
Soft Structure vs. Soft Measure: Fleshing Out the Tension in EU Education Policy
Authors: Lea Láncos Petra
Published: March 2022

EU Education policy is ‘an a priori very lightly Europeanized policy area’ (Alex Warleigh-Lack & Ralf Drachenberg, Spillover in a Soft Policy Era? Evidence from the Open Method of Coordination in Education and Training, 18(7) J. Eur. Pub. Pol’y 1000 (October 2011)), belonging to the weakest type of Union competence, and of all EU policies, it is the one most strongly influenced by open method of coordination (OMC) (Sacha Garben, The Future of Higher Education in Europe: The Case for a Stronger Base in EU Law, LEQS Paper No. 50/2012, 13 (July 2012)), a policy instrument known for its ‘soft’ character. Yet there is a tension between the soft education policy competence and the soft measure of OMC employed in its framework. EU soft competences are generally explained by Member States’ reluctance to attribute competences to the EU in sensitive policy areas, but the soft instruments used in these areas nevertheless ensure compliance, while evading and bypassing competence and decision-making constraints. This general finding, made clear with the help of fiscal federalism and public choice approaches to EU education policy is also relevant in areas of (exclusive) EU legislative competence where soft instruments are used (such as customs policy). The present article tries to shed light on the various manifestations of softness and their ambivalent relationship with the help of the fiscal federalism and the public choice approach.
Halal Certification and Labelling Requirements and the TBT Regime: A Case Study of the Indonesian Halal Act 33/2014
Authors: Barrios Pablo Lizarreta
Published: March 2022

In October 2014 Indonesia introduced the Halal Act, a legal instrument that aims at protecting Muslim consumers by requiring products to show mandatory information concerning their Halalness. The regulation is contentious as regards its compatibility with the WTO TBT Agreement, given the fact that its provisions are mandatory and that for a product to be considered Halal in Indonesia it must comply with the Fatwa issued by the Ulama Council of Indonesia. While the TBT Agreement acknowledges the right of WTO members to pass regulations that pursue legitimate objectives at the level they consider appropriate, at the same time it encourages members to do so in a way that does not create unnecessary obstacles to trade. This paper focuses on the issue of practice of religion and trade obstacles, exploring the latitude of WTO panels to adjudicate on such politically sensitive choices and the consequences of the lack of uniform international standards for trade in Halal products.
Enforcement Inconsistency in EU Competition Cases as a Rule of Law Problem
Authors: Harding Christopher
Published: March 2022

Enforcement of the EU competition rules, especially in relation to cartels and cartelists, involves a complex jurisdictional patchwork, characterise by inconsistency but also a strong public rhetoric which masks policy and practical differences, Application of the rules to different legal categories of actor, geographical and jurisdictional diversity, and the uneven use of enforcement measures and sanctions give rise to a number of rule of law issues in the form of inconsistent treatment, uncertainty and lack of proportionality. The discussion here maps out and illustrates these problems and suggests that these should be addressed through a more critical consideration of the claims made for deterrence as an enforcement imperative in this context.
State Monopolies and the Free Movement of Goods in EU Law: Getting Beyond Obscure Clarity
Authors: Butler Graham
Published: March 2022

The special provision relating to state monopolies of a commercial character within the EU’s internal market is nestled in the Treaties as the final provision regarding the free movement of goods. This special provision of Article 37 of the Treaty on the Functioning of the European Union (TFEU) is often overlooked, given it is seen to be of lesser significance than the general provisions on goods concerning quantitative restrictions and measures having equivalent effect contained in Articles 34– 36 TFEU. Whilst the case law on state monopolies in respect of goods is elaborate, it is still far from clear how state monopolies within the meaning of Article 37 TFEU are to be handled, as evident from the case law of the Court of Justice. The article analyses three arising issues. Firstly, it investigates the boundary between the special provision of Article 37 TFEU and the general provisions of Articles 34–36 TFEU; secondly, it critiques the public interest aim that was once read into Article 37 TFEU by the Court of Justice; and thirdly, it questions the discrimination reading of Article 37 TFEU, rather than a more elaborate restrictions reading. Conclusively, the article offers grounds for why the special provision of Article 37 TFEU ought to be repealed, which in turn, would provide for a more concerted and consistent approach by subjecting state monopolies to the general free movement of goods provisions of the EU Treaties.

State monopolies, Free movement of goods, State-owned enterprises, European Union law, Law of the internal market
Us Courts Expand Discovery in International Arbitration
Authors: Foley Veronica , Burnett Harry
Published: March 2022

ABSTRACT: There is a recent trend in a number of federal courts in the United States to offer assistance, which was previously unavailable under a federal statute, to litigants in private international arbitration proceedings seeking to gather evidence from non-parties located in the U.S. Thus, if a non-party from whom documents is sought is located in a jurisdiction friendly to such efforts, it opens up a whole new avenue of information gathering in international arbitration that could put one party at a distinct advantage. This article charts these recent developments and provides the historical underpinning of the shift in judicial attitudes of some U.S. courts toward efforts of litigants in private international arbitration proceedings to obtain documents for use in those proceedings.
II Contratto di Arbitrato
Authors: Riberti Anna
Published: March 2022

RIASSUNTO: L'articolo è volto ad esaminare lo status degli arbitri e la natura giuridica del rapporto che, nel processo arbitrale, si instaura tra i compromettenti e il l'organo giudicante: la questione è stata oggetto di accesi dibattiti, ma nessun ordinamento ha finora espressamente adottato una soluzione. Nondimeno, la determinazione della vera natura di tale vincolo consente un regolare svolgimento del procedimento, evitando il sorgere di situazioni anomale. Esso si inserisce nell'ambito di un proce­dimento che presenta natura ibrida, con fonte contrattuale ma oggetto giudiziale. Le riforme che dal 1983 si sono susseguite fino al D. Lgs. 4/2006 mettono in luce il mutato atteggiamento del legislatore, che, da istituto di carattere privatistico, ha reso l'arbitrato uno strumento modellato sul giudizio ordinario, ma a questo autonomo ed alternativo. Invero, da un'attenta analisi delle norme che regolano il rapporto tra le parti e gli arbitri, emerge come la fattispecie rilevi a figura contrattuale autonoma - precisamente "contratto di arbitrato" - escludendo la ricon­ducibilità della stessa sia a negozi tipici (quali il mandato, la prestazione d'opera, la transazione o un negotium mixtum tra questi), sia ad un rapporto di matrice pubblicistica. Uno sguardo all'esperienza di altri ordinamenti conferma il cambiamento nella "filosofia" dell'istituto, che non è più ancillare rispetto alla giu­stizia ordinaria, ma configura l'arbitro quale giudice dei privati nel campo dei diritti disponibili. Peculiare è, infine, l'arbitrato c.d. amministrato, dove la presenza di una Corte arbitrale volta a controllare il procedimento, determina il sorgere di rapporti giuridici trilaterali tra le parti, l'istituzione arbitrale e l'arbitro da questa designato.
El Arbitraje en los Contratos de Concesión de Obras Públicas en Chile. Incorporación de los Dispute Boards o Paneles Técnicos o de Expertos
Authors: Valdes Juan Eduardo Figueroa
Published: March 2022

ABSTRACT: Public and private partnerships in Chile are recognized in public concessions contracts, which incorporated arbitration as the method for solving disputes, in 1993. However, the experience of the last 15 years has shown the necessity of improving the arbitration system, by introducing the Dispute Boards as a pre- arbitral mechanism to solve conflicts during the performance of the projects. Within this context, the existence of this consulting body, whose members hold the trust and respect of the parties, and which is ready to respond to their requirements, allows most controversies to be solved in a quick and ideal manner.
The Enforcement of International Investment Arbitral Awards: is There a Better Way?
Authors: Barbosa Flávio Spaccaquerche
Published: March 2022

ABSTRACT: Presently, there is still a bias understanding that the ICSID enforcement formula has the best features to ensure full satisfaction of investment arbitral awards. However, as the number of non-ICSID awards has significantly increased throughout the last years, recent practice has allowed empirical comparisons between ICSID and non-ICSID enforcement mechanisms, which necessarily imply a comparison between the ICSID Convention enforcement mechanism and the rules of the New York Convention of 1958. This analysis has the purpose of verifying whether the ICSID enforcement formula is actually better prepared to give full satisfaction of the investment awards rendered against States. Hence, due to the fact this analysis is fundamental for the investors to decide either to resort to ICSID or non-ICSID tribunals for settling their investment disputes, this article aims at giving substantial elements to help with that choice by showing the different paths that ICSID and non-ICSID investment awards must walk through in order to be recognized and fully enforced, by analyzing the domestic case law of different countries and the applicable rules on the subject and by showing the respective advantages and disadvantages.
Algunas Consideraciones sobre Antecedentes y Evaluación Arbitral de las Cláusulas Paraguas
Authors: Morales Nicolas Gamboa
Published: March 2022

RESUMO: O artigo trata das umbrella clauses, de sua definição como sendo aquelas que, de maneira geral, permitem elevar o nível do conflito surgido em relação a um contrato entre um investidor e o Estado receptor do investimento, ao âmbito internacional. Descreve os antecedentes destas cláusulas e finaliza mencionando sentenças arbitrais, proferidas a partir de 2003, nas quais se tentou traçar uma linha divisória e fixar um horizonte às umbrella clauses.
O Instituto da Arbitragem na Dinâmica do Processo de Recuperação de Empresas
Authors: Vasconcelos Ronaldo
Published: March 2022

ABSTRACT: The main objective of the present essay is to analyze the relationship between Arbitration and the Bankruptcy Institute on three distinct situations: (i) the extrajudicial recovery with the stipulation of an arbitral clause; (ii) the approval (granting) of the judicial recovery after the beginning of the arbitral procedure; (iii) an arbitral procedure to generate the judicial recovery as a private negotiation established between the debtor and the creditors. The possibility of convention on the extrajudicial recovery allows the parties involved in the litigation to negotiate a settlement to preserve her faculties and interests. On the other hand, the bankruptcy and the judicial recovery are institutes that protect the public interests, leaving a small space to the arbitral procedure, since the arbitration is a form of alternative dispute resolution related to unalienable rights.
Correção e Esclarecimento de Sentenças Arbitrais
Authors: Baptista Luiz Olavo
Published: March 2022

ABSTRACT: The subject matter of this study are the requests for correction and clarification of arbitral awards, thereby presenting provisions included in legislations of several jurisdictions and different arbitration rules in this regard. It furthermore discusses how the arbitral tribunal should face said requests and how it can prevent abuses from the parties.
Miami Arbitration Reports: Unique Cases to Give Readers aBroader Understanding of Arbitration
Authors: Santos Mauricio Gomm Ferreira dos , Santos Mauricio Gomm Ferreira dos
Published: March 2022

ABSTRACT: This edition of MAR capitalizes on some unique cases to give readers a broader understanding of arbitration. First, we look at the scope of the arbitral clause within employment arbitration. The Fifth Circuit uses a factually challenging case to draw a bright-line rule and cir­cumscribe even the broadest of clauses. Second, Erica Franzetti from Crowell & Moring helpfully synthesizes the development of a recent line of cases on 28 USC 1782. As our first special contributor, she provides a timely analysis of a fascinating subject. Third, a domestic arbitration gives the Seventh Circuit a chance to expand the scope of 9 USC 5 in the context of the selection of an arbitrator. And finally, the Second Circuit looks at an attempt to confirm an arbitral award against a foreign state. It lays out some helpful rules in the context of personal jurisdiction, and pens an opinion opening interesting questions of due process and the interpretation of the Foreign Sovereign Immunities Act.
Enforcement of Arbitral Awards Annulled in Russia: Case Comment on Dutch Supreme Court of 25 June 2010
Authors: Van Den Berg Albert Jan
Published: March 2022

ABSTRACT: By a decision dated 28 April 2009, the Court of Appeal in Amsterdam granted enforcement of four arbitral awards annulled by the Russian courts under the New York Convention of 1958. The Dutch Supreme Court declared the recourse against the Court of Appeal decision inadmissible. The Supreme Court on 25 June 2010 opined that such a recourse would violate Article III of the New York Convention since it would impose a more onerous condition on the enforcement of Convention awards than on domestic (Dutch) awards. In the author's opinion, the Supreme Court's reasoning is at odds with both the New York Convention and Dutch arbitration law.
Nova Lei Francesa de Arbitragem: Decreto nº 2.011-48, de 13 de Janeiro de 2011
Authors: Prado Ana Sylvia , Harb Jean-Pierre , Lobier Christophe
Published: March 2022

ABSTRACT: This article will provide an overview of the main changes introduced by the new Decree and their practical consequences for international arbitral proceedings. The Decree introduces changes and improvements within all the steps of the arbitration process, be it the arbitration agreement (I), the constitution of the arbitral tribunal (II), the arbitration proceedings (III), the arbitral award (IV), the recognition and enforcement of arbitral awards (V), or recourse against awards (VI). Finally, this article will provide a brief summary of the transitional provisions (VII).
A Produção da Prova Testemunhal na Arbitragem à Luz da Flexibi lidade e da Previsibilidade na Prática Internacional
Authors: de Miranda Daniel Chacur
Published: March 2022

ABSTRACT: There is a considerable degree of flexibility in the rules governing production of witness evidence in international arbitration. This reflects the paramount importance of party autonomy and the broad powers conferred on arbitrators in the conduct of proceedings. The international practice shows, however, that the procedural steps to be followed are fairly uniform in order to promote efficiency whilst reflecting the perspectives of different legal systems. The presentation of written witness statements in advance of direct and cross-examination at the hearing is an example of a sequence of procedural steps commonly used in arbitration. Several aspects of such procedural steps are still subject to a considerable degree of controversy, particularly as to the functions and limits of cross-examination, the situations in which it is permissible for a witness to amend a written statement, the sequence to be followed in presenting the evidence and the scope and limits on the preparation of witnesses by counsel. This article sets out the relevant concepts and dynamics together with key points in the controversy surrounding these procedural steps. Reference is made, whenever relevant, both to current arbitration practice in Brazil and to the techniques adopted internationally. The author concludes that whilst excessive harmonization of the production of witness evidence might hamper the required flexibility, the procedures to be followed do need to be clearly predictable in order to fulfill the parties' legitimate expectations.
Há Fraude de Execução na Arbitragem?
Authors: Amadeo Rodolfo da Costa Manso Real
Published: March 2022

ABSTRACT: This paper will discuss the configuration or lack of configuration of "fraude de execução" (literally: fraud of execution) in arbitration. With arbitration's growth in Brazil, situations in which one of the parties dissipates its assets in order to frustrate the enforcement of the arbitral award are increasingly frequent. In these situations, the question analysed in this paper arises: may the creditor apply the "fraude de execução" rule in order to proceed with the execution of assets transferred to third parties during the arbitration?
Arbitragem Multiparte e Multicontrato: um Estudo Comparativo de Regulamentos de Arbitragem
Authors: Carvalho Lucila de Oliveira
Published: March 2022

ABSTRACT: This paper aims at identifying how multiparty/multicontract arbitration is regulated by arbitration rules of different institutions, in order to assist with the election of the appropriate rules for each case. Three issues were selected as most relevant in multiparty/multicontract arbitration: (i) appointment of arbitrators; (ii) consolidation or separation of arbitral procedings; (iii) third party intervention in arbitral proceedings. Thirty-five rules were analyzed: fourteen of Brazilian institutions, twenty of foreign institutions, including the rules of UNCITRAL - United Nations Commission on International Trade Law. Not all rules govern multiparty/multicontract issues, and as regards those which do, they diverge in relation to some issues and the contents of the rules. Therefore, it was possible to conclude that the parties must strategically consider which institution to conduct the case, and the need to provide for specific matters in the arbitration agreement, so as to cover, in each case, adequate conditions for the resolution of the possible conflict.
The Paris Arbitration Rules: A New Kind of Ad Hoc Arbitration Rules for Sophisticated Users of International Arbitration
Authors: Dupeyré Romain
Published: March 2022

ABSTRACT: The main purpose of this commentary is to present the new Paris Home of International Arbitration Rules, questioning which its main objective is considering the significant number of arbitration rules from a different number of institutions. From this perspective, the author studies the different topics in the Rules, as the role of Paris as place of arbitration and the influence of this new set of norms for the strength of the city attraction. Therefore, the article examines the function of the Secretary-General of the Permanent Court of Arbitration, the deadlines to render an award, the modern possibility of using an interim arbitrator in an ad hoc arbitration, the celerity of the procedure and the rules that protect its fairness, the arbitrator's obligations and its broad freedom to determine the necessary evidences. Finally, the author studies the articles related to truncated tribunals, costs, arbitrator's fees, the short deadlines for post-awards recourses and the problems regarding arbitrators' liabilities.
A discussão sobre a disponibilidade do controle judicial da sentença arbitral e seus limites
Authors: Wambier Teresa Arruda Alvim
Published: March 2022

ABSTRACT: This text deals with the possibility of waiving the right to set aside or to challange the an arbitral award before the official Courts. The author studies several possibilities and concludes in the sense that, even if this waiving can be considered valid, it does not apply to all possible grounds. The lack of arbitrability is a good example cannot be waived by the parties.
Systematic advocacy: a guide to cross-examination in international arbitration
Authors: Weiss David , Burnett Harry
Published: March 2022

ABSTRACT: One feature of most international arbitrations today, rooted largely in the common law, is cross-examination. The tactics used in a cross-examination in a particular domestic proceeding do not always work well in an international arbitral proceeding. Further, advocates with a background and training in a domestic legal system that does not utilize cross-examination may find themselves at a distinct disadvantage in an international arbitration.

This article seeks to lay out a detailed approach to preparing and executing a cross-examination in an international arbitration. It is designed for advocates who do not have significant experience in cross-examination in international arbitration, or otherwise, especially advocates with a background and training in legal systems that do not have a tradition of cross-examination.
Breves considerações sobre a proibição do comportamento contraditório no âmbito do procedimento arbitral
Authors: Tajra Danyara Barros , Borda Daniel Siqueira
Published: March 2022

ABSTRACT: This article aims to address the application of the prohibition of contradictory behavior as a rule of control of procedural acts performed during arbitration proceedings. It is understood that such a rule, in a procedure that does not have preconceived and pre-defined rules of estoppel, may be a useful tool to protect the continuity of the arbitral procedure. The application of the rule ensures that the parties are not surprised by acts aiming, illegitimately, to prevent the achievement of a valid judgment that respects the due process.
Reflexões sobre arbitrabilidade objetiva e o voto da administração pública na qualidade de controladora de sociedade de economia mista
Authors: Vieira Maria Beatriz Grella
Published: March 2022

The purpose of this paper is to assess whether disputes related to corporate resolutions composed by the vote of a public entity in its capacity of controlling shareholder of a mixed private-public ownership company is subject to arbitration, considering that the public entity may guide the activities of the company to meet the public interest that justified its incorporation. In this way, the public interest will be analyzed vis-à-vis the disposition of the right and the possibility of settling disputes involving public entities through arbitration, as well as objective arbitrability of corporate conflicts. The conclusion is that the disputes involving corporate resolutions formed by the vote of the public entity could be subject to arbitration, even if the vote aimed to meet a primary public interest.
Treaty Interpretation in Investor-State Arbitration
Authors: Rodrigues Bruno Sousa
Published: March 2022

This study examines the exercise of discretion by investor-state arbitral tribunals in treaty interpretation. It builds upon the premise that it is an illusion to pursue a single right answer to a given legal problem when the human experience is marked by an incomplete and fragmented perception of reality. Adjudication and legal interpretation, therefore, are not understood in this study as a matter of discovery or illumination, but as a matter of choice and persuasion over choices made. Even still, the exercise of hermeneutical discretion does not amount to a license for arbitrary behavior. There may not be one single correct reading of a treaty, but certainly not all interpretations of a treaty are possible. Notably, the semantic horizon of treaty interpreters is a finite one, as the methodology established by the Vienna Convention on the Law of Treaties (“VCLT”) constrains the hermeneutical choices open to interpreters. Article 31 lays out a general rule of treaty interpretation, while Article 32 provides supplementary means of interpretation that can be used either to validate an outcome reached through Article 31 or, in exceptional circumstances, to autonomously determine the meaning of a treaty. Within this framework, this study examines interpretative practices of investment-treaty arbitral tribunals in light of the interpretive regime established by the VCLT, exploring their conformity or non-conformity to that regime.

Investment Arbitration; Investor-State Dispute Settlement; Treaty interpretation; Discretion; Vienna Convention on the Law of Treaties; VCLT; Article 31, VCLT; Article 32, VCLT.
Transradial Approach for Thoracolumbar Spinal Angiography and Tumor Embolization: Feasibility and Technical Considerations
Authors: Caton Michael Travis , Smith Eric Robert , Baker Amanda , Dowd Christopher Foley , Higashida Randall T.
Published: March 2022

The transradial approach (TRA) is an effective and safe alternative to transfemoral access for diagnostic neuroangiography and craniocervical interventions. While the technical aspects of supraclavicular intervention are well-described, there are little data on the TRA for thoracolumbar angiography and intervention. The authors describe the feasibility of the TRA for preoperative thoracic tumor embolization, emphasizing technique, device selection, navigation, and catheterization of thoracolumbar segmental arteries. This approach extends the benefits of TRA to spinal interventional neuroradiology.
Impact of Ownership Structure And Capital Structure On Firm Financial Performance: An Empirical Analysis Over Pakistan Stock Exchange (PSX) Listed Firms.
Authors: Rehman Shafiq Ur , Sohail Aamir , Ali Sair Shrafat , Atif Khan Jadoon  , Sami Ullah
Published: March 2022

In the course of recent decades, the relationship between capital structure, ownership structure and performance has been a significant and steady point in the corporate finance literature. The central tenant of this investigation is to examine the relationship between capital structure, ownership structure, and firm performance with respect to emerging economies like, Pakistani non-financial firms. Secondary data was used for this study, which was taken from state Bank of Pakistan, PSX and annual reports of the companies. The population of the study consist of Pakistani non-financial firms listed in PSX. The outcomes indicate that the overall capital structure proxies (i.e. DER & LTDR) are significant but negatively affected on firm’s performance (ROA & ROE).The outcomes of current study also suggested that there is a significant and positive relationship between ownership structure (i.e. Institutional & concentration ownership) and performance of the firms. This research is helpful for every company management to keep the optimal capital structure and make appropriate decision regarding ownership structure. In future research, researchers should use different proxies of ownership structure like, institutional ownership and family ownership to check the impact on firm performance.
Impact of Workplace Spirituality on Organizational Commitment with the Mediating Role of Organizational Culture
Authors: Latif Abdul , Din Siraj Ud
Published: March 2022

The importance of Workplace spirituality is gaining fame among scholars. In the recent past, management’s scholars have successfully found its affiliation with different variables. The aim of this study is to add knowledge in literature and provide suggestion for practical implementation, regarding the subject. All the results are based on empirical analysis of the data collected in Higher Education Institutions of Pakistan. The study investigated the causal affiliation between workplace spirituality and organizational commitment of faculty members with the mediating variable of organizational culture. Research was conducted in the public sector universities of Khyber Pakhtunkhwa, Pakistan. Four universities were selected randomly out of 29 universities. Questionnaire was used for the collection of data with 7-point Likert scale. Two hundred questionnaires were distributed among the selected universities out of which one hundred and ninety questionnaires were received. The study used Barron and Kenny’s method and hypothesis were confirmed with multiple regression analysis. Results indicate that workplace spirituality (WPS) has positive and significant association with organizational culture and the later significantly mediates the impact of WPS on organizational commitment. Those employees who are spiritually motivated coupled with a positive organizational culture leads to enhanced commitment of employee.
Gender Determines Linguistic Features of One’s Speech: Hedging and Interruptions in Male/Female Dialogues in One-Act Plays by male and female playwrights
Authors: Jan Sohail , Rahman Mujib
Published: March 2022

This study is based on certain gender-specific linguistic features which several researchers like Lakoff, Holmes, Coats, and West & Zimmerman have pointed out in their studies. As writers belong to one or the other gender, they must be influenced by their own gender-specific way of speaking, that must, in turn, influence the kind of language they choose for their characters in an interaction. To support our hypothesis, we selected three one-act plays each by a male and a female writer. The research analysed the dialogues of the characters. The study established that the male playwright could present a realistic portrayal of his male characters but was not able to present his female characters’ speech realistically. Similarly, the female writer could portray her female characters to speak like women in real life but was not able to portray her male characters to speak like men in real life.
Evaluation of English Curriculum Reform for Undergraduates at a Public Sector University by using the CIPP Model
Authors: Sohail Memoona , Noreen Sumaira
Published: March 2022

The purpose of this study was to evaluate the effectiveness of Curriculum of English (Revised 2012) proposed by the Higher Education Commission (HEC) of Pakistan for undergraduates. In this regard, it sought to evaluate the HEC’s English curriculum document, and also the design of English curriculum by the curriculum developer of a public sector university. It finally ventured to compare the curriculum document specifications with its contemplated design in order to identify strengths and weaknesses of the reform. The study used Daniel Stufflebeam’s Context, Input, process, and Product (CIPP) model as its framework for evaluation. The study is based mainly on qualitative design and the data is collected through analysis of the curriculum document and of the curriculum developer’s interview. The evaluation revealed many strengths of the curriculum; its goals were found to address students’ various language needs to develop their reading and writing skills, and their vocabulary and communication skills. The evaluation also revealed some inadequacies including a lack of focus on listening and speaking skills and teacher training. The findings indicated that though the curriculum reform was potentially sustainable and effective, the identified shortcomings could be addressed in future to obtain better outcomes from its implementation.

Keywords: Evaluation, document analysis, curriculum reform, CIPP model
La economía popular y solidaria y su aporte al crecimiento económico y desarrollo humano en Ecuador.
Authors: Malla Alvarado Franklin Yovani , Pardo Quezada Sergio Leonardo , Bejarano Copo Holger Fabrizzio , Herrera Peña Jonathan Neptali
Published: March 2022

La investigación centra su análisis en las operaciones que  ejecuta la Economía Popular y Solidaria EPS en  Ecuador y su influencia en la calidad de vida de sus integrantes, la metodología se basa en una exploración a las bases de datos de organismos de control respectivo como la Superintendencia de Economía Popular y Solidaria SEPS; entre los principales resultados se puede destacar que el sector financiero de la EPS ha tenido una participación más activa en sectores rurales del país, así como que sus líneas de crédito están disponibles para todos los sectores sociales, sobre todo los catalogados como más olvidados por los gobiernos de turno.
Una criminología sureña sobre violencia y control: Gobernando la inseguridad en el Sur global
Authors: Cavalcanti Roxana
Published: March 2022

Pocos estudios han examinado las relaciones entre la juventud marginada en las urbes y el sistema de seguridad pública en el al noreste de Brasil. Este artículo aborda esta brecha en la literatura a través de un examen de las percepciones juveniles en una agenda de seguridad dirigida a reducir la violencia. También analiza los efectos de este programa de seguridad al interrogar los discursos hegemónicos de actores estatales en la región, a saber, agentes del sistema de justicia penal. El análisis se basa en datos etnográficos recopilados entre 2012 y 2016 en Recife, ciudad capital del estado de Pernambuco en el noreste de Brasil. Este enfoque permite un examen de las nuevas intervenciones de seguridad y una comparación entre dos distintas narrativas sobre esta nueva agenda de securitización. La primera narrativa se centra en las vulnerabilidades de los jóvenes, la otra en los reclamos de securitización exitosa. Un análisis de estas narrativas amplía la comprensión de los efectos y riesgos de las intervenciones de seguridad, contribuyendo al debate sobre su impacto en la vida de los jóvenes y la sociedad en general.
Descentralización y desconcentración. Análisis y perspectivas
Authors: Gallegos Rojas Rita Ximena , Quiroz Castro Cristian Ernesto , Celi Masache Maryury Elizabeth
Published: March 2022

Con la Constitución del año 2008, el Ecuador planteó como principios la desconcentración y descentralización de la administración pública, con el fin de asegurar los procesos de democracia, la prestación de servicios eficientes y una productividad sustentable, para lo cual se han creado leyes en los últimos diez años como el Código Orgánico de Organización Territorial, Autonomía Descentralización (COOTAD), que tratan de convertir en una realidad la autonomía.No existe duda que perseguir la eficiencia en la gestión pública es un deber del Estado y un proyecto legítimo, por lo que no se puede dejar de analizar si las medidas adoptadas realmente están cumpliendo con las metas planteadas, toda acción trae consigo un resultado y todo resultado debe ser evaluado para distinguir si esas medidas tomadas son realmente eficaces.
Cuộc Xuất Hành Mới
Authors: Nguyen Quang Huy
Published: March 2022

Đối với dân Ít-ra-en, biến cố lưu đày Babylon-hồi hương mang ý nghĩa đặc biệt và quan trọng. Đây được coi là cuộc ‘lưu đày nội tâm’ vì nỗi ‘tưởng nhớ Si-on’ (Tv 137) phải khóc than bên những dòng sông Ba-by-lon, cảm thấy mình như những ‘tử thi’ (Tv 88,6), những kẻ dưới mồ’ (Tv 29,4), hay những ‘bộ xương khô’ (Ed 37,1-3),… Tuy vậy, cuộc sống nơi đất khách không đến nỗi vất vả do chính sách trị dân của hoàng đế Ky-rô. Dân cũng không bị đồng hóa vì trộn lẫn với lân bang. Dân đã dần ổn định cuộc sống qua thời gian. Vì vậy, cuộc hồi hương rời bỏ Babylon trở nên thách đố. Hồi hương đồng nghĩa với việc chấp nhận khởi đầu lại từ đầu, bởi quê hương đã bị tàn phá nặng nề (Ac 1,1-7.8-10.11-17; Ge 1,2-20). Chọn lựa ở lại hay hồi hương rơi thế ‘lưỡng nan.’
Để dân thêm động lực hồi hương, nhiều vị ngôn sứ Giê-rê-mi-a, I-sa-i-a, … đã có những nỗ lực theo cách thức hết sức đặc biệt. Trong đó, I-sa-i-a dùng motif “xuất hành” để loan báo về một cuộc xuất hành mới (Is 43,14-21). Lời động viên cho cuộc xuất hành này thực sự mang một tầm mức mới, bởi đã khơi lại nguồn sức mạnh thiêng liêng ẩn tàng trong dân, giúp dân Ít-ra-en vượt lên thế lưỡng nan “ra đi-ở lại”, cùng quyết tâm đối diện với những thách đố hiện tại. Bài viết này đào sâu chủ đề xuất hành mới trong Is 43,14-21, với 3 khía cạnh cơ bản: (1) Thiên Chúa hứa ban cuộc giải thoát; (2) Đức Chúa là Đấng thực hiện lời hứa giải thoát; (3) Cuộc xuất hành mới là cuộc sáng tạo mới.
New Exodus – In Is 43, 14-21
The Babylonian exile-repatriation event is significant to the Israelites. This is referred to as the 'inner exile,' since the'remembering of Zion' (Ps 137) was forced to lament beside the Babylonian rivers, feeling as if they were 'dead corpses' (Ps 88, 6), 'those in the grave' (Ps 29:4), or 'dry bones' (Ez 37.1-3), etc. However, life in a foreign place was not as terrible as it appeared owing to the people's political policies. of Cyrus the Great. Individuals do not get absorbed just by mixing with their neighbors. Over time, people have increasingly stabilized their lives. As a result, repatriation from Babylon became difficult. Returning home necessitates a fresh start, as the motherland has been ravaged (Ac 1:1-7.8-10.11-17; Ge 1:2-20). The decision to remain or repatriate is a 'dilemma.'
To increase people's urge to return home, several prophets such as Jeremiah, Isaiah, and others made extraordinary efforts. Isaiah used the "exodus" concept in this passage to announce a fresh exodus (Is 43:14-21). The encouragement for this exodus reached a new level as it reawakened the spiritual strength concealed within the people, assisting the Israelites in overcoming the problem of "going out and staying." This essay explores the idea of the new exodus in Is 43:14-21 from three fundamental perspectives: (1) God's deliverance promise; (2) The Lord is the One who keeps the deliverance promise; (3) The new exodus is the new creation.
Keywords: new exodus, Lord, exile, repatriation, deliverance
The Reality of English Presentation Skills of English-majored Students in Vietnam
Authors: Pham Manh Tri , Nguyen Duong Nhu Quynh , Nguyen Thi Kim Chi , Nguyen Hoang Ngoc Mai , Hoang Tran Anh Tien , Pham Vu Phi Ho
Published: March 2022

Presentation skills play an indispensable role in undergraduates’ education and developing their future careers because this skill assists college students in accomplishing a superior knowledge base and enhancing their public speaking. The study aims to measure English-majored students' reality at the Faculty of Foreign Languages of Van Lang University in Vietnam about speaking skills, especially presentation skills. The quantitative study has been carried out among 600 second-year, third-year, and four-year students at the Faculty of Foreign Languages of Van Lang University in Vietnam. The results of the research paper demonstrated that most students were not confident about their presentation skills because of making mistakes about vocabulary usage, grammar, fluency, and so on when giving presentations. EFL lecturers can consider the results to improve their teaching methods regarding speaking skills and find out more strategies to solve students' speaking challenges.
Islamic and Late Modern Comparative Worldviews on Language: Towards Model for Translating Alien Key Concepts
Authors: Hazaea Abduljalil
Published: March 2022

Within the area of cultural discourse studies (CDSs), this article is presented to compare the late modern and Islamic worldviews on language. In so doing, the researcher uses a comparative qualitative method to explore the worldviews on language, word meaning, text, and context with specific attention to the writings of Norman Fairclough and those of Mohammed Naqib al-Attas. The analysis reveals that both worldviews coincide in terms of basic and relational meanings of words. Some differences are revealed in terms of the worldviews on language, text, and context. What distinguishes al-Attas’s Islamic worldview is that the authentic sources of knowledge (the Quran and the verified Sunnah) in the Arabic language provide a scientific context for concept-formation. The study contributes to a model for translation at worldview levels. It recommends further research on translating alien key concepts that have been introduced into the languages of Muslim people.
FACE IDENTIFICATION BASED ATTENDANCE
Authors: Sivakumar K.
Published: March 2022

In this digital world, face recognition system plays an important role in almost every sector. Traditionally, the attendance of scholars has been a serious concern for the universities and therefore the faculty has got to spend tons of your time and may be a tedious job to mark attendance manually. Current biometric attendance system isn't automatic that wastes tons of your time , difficult to take care of and requires a queue for scanning fingerprints to mark their attendance.This model subsume a camera that captures input image, an algorithm to detect a face from the input image, encode it and recognize the face. The system camera captures the image and sends it to the server where faces are recognized from the database and shows their name and mark the attendance in a spreadsheet. Other than just marking attendance, it also marks the time at which the attendance was taken. In another word, the main goal of this project is to build a system that help lecturers take students attendance in a professional way. In this system we can recognise a person’s face and record attendance from that person so that attendance activities are more efficient and faster.
Design and Development of Saline Infusion Administration System Using IoT
Authors: Otanasap Nuth , Kanchanawongkul Veerapong , Chalermsuk Chanintorn
Published: March 2022

According to the current deficiency of medical personnel due to many COVID-19 patients today, the workload of nurses and caregivers increases. One of the costliest tasks for healthcare professionals is monitoring and controlling the administration of saline solutions to bedridden patients. This research aims to develop a monitoring and regulating system to conduct the saline solution to patients using IoT technology. The Arduino UNO R3 and Node MCU ESP8266 microcontroller board are used as a processor to receive the saline weight input from the load cell and control the saline flow rate by the servo motor arm. The developed system can also be remotely monitored and controlled online via Wi-Fi, Internet, and cloud computing with mobile and web applications developed by Flutter. From the results of trying that determine the saline flow rate with different periods, it was found that the system was able to control the flow rate for the specified time with a total meantime accuracy of 88.47%. It was also found that the accuracy rate would increase if the flow rate were set for a short period, while the accuracy rate would decrease if the flow rate were set for a long time. The experiment revealed that the developed prototype system could monitor, alert, and automatically control the flow rate of saline administration to patients as the specified objectives.
Marine Goods in European Prehistory: A New Shell in Old Collection
Authors: Tripkovic Boban
Published: March 2022

The exchange of marine goods in the interior of the Europeancontinent is traditionally equated with the exchange of Spondylus shellitems. In this long-lasting exchange network, significant role of any othermollusks has not been identified so far. Contrary to this evidence, in theNeolithic settlements of the Aegean and the Adriatic regions, where, it isbelieved, Spondylus had been imported from, many other shells were usedfor manufacturing adornment. Is it possible that shell diversity in theBalkan coastal area is somehow reflected on the interior of the continent? Inthis paper, credibility of this question is assessed through a study of shell-madeitems from the side of Vinca in the vicinity of Belgrade, Serbia.
The Interruption of the British-Romanian Relations in 1941
Authors: Dudoi Marian-Alin
Published: March 2022

The study analyses the withdrawals of the British Legation from Bucharest and of the Romanian Legation from London. The research was undertaken at the Central Historical National Archives of Romania in Bucharest where the author studied the microfiches of the Public Record Office of the Great Britain, Foreign Office, Political, 371/29992, 371/29993 and 371/29994.The United Kingdom declared war on Germany on September 3, 1939. The British Legation could not gather military, political and economical information as the new regime in Romania had invited the troops of Nazi Germany in the country. As the British found themselves implied only in formal activities, they decided to withdraw the Legation on February 15, 1941 and the Romanian Government acted on reciprocal basis but few Romanians returned from the London staff. The study deals with the preparations needed to withdraw the two Legations and the modalities required for the British and Romanian staffs for departure.General Ion Antonescu, Romanian Prime-Minister and de facto ruler of the country, was more than pleased with the British proposal of the interruption of bilateral relations.