bluuebunny/crossref_metadata_2025 huggingface dataset:
The Role and Relevance of Awards in the Formation, Identification and Evolution of Customary Rules in International Investment Law
Authors: Dumberry Patrick
Published: March 2022

This article examines the question of the role and relevance of arbitral awards in the formation, development and evolution of customary rules in international investment law. Judicial decisions and arbitral awards are not formal sources of international law. They cannot be considered as evidence of state practice for the formation of customary rules. Yet, while international judges or arbitrators have no formal role in the creation of these rules, they nevertheless play an essential role in “revealing” their existence as well as in their development and evolution. Thus, any decision/award containing a comprehensive and persuasive analysis (based on a detailed examination of both state practice and opinio juris) on whether or not a given rule should be considered as custom will greatly influence other future tribunals as well as the subsequent practice of states. I will observe in this article, however, that arbitral tribunals have so far generally failed in their task of properly revealing the existence of customary rules. Thus, instead of conducting their own analysis of practice and opinio juris, they generally simply rely on the findings of other tribunals.
Lessons from Cuba: Case Commentary on Exemption from Damages and the Right to Interest under the CISG
Authors: Lee Justin P.
Published: March 2022

This commentary analyzes a recent 2014 decision from the Cuban Court of International Arbitration, Empresa Italiana X v. Empresa Mixta Y. It addresses two issues raised by the case: (1) whether the Cuban buyer should have been exempt from liability for damages under Article 79 of the 1980 Vienna Convention on the International Sales of Goods, (CISG), because, after the conclusion of the parties’ contract, the Cuban government, through the Central Bank of Cuba, established a new regulation that required the buyer to obtain a letter of liquidity from the Central Bank, which it failed to do; and (2) whether the parties derogated from the right to charge interest under Article 78 of the CISG because they agreed in their contract that no penalty would be applied for late delivery of the goods or for late payment. The commentary concludes that the arbitral panel erred by failing to exempt the Cuban buyer from liability under Article 79 and by failing to award the Italian seller interest under Article 78. It hopes to aid international arbitration practitioners dealing with cases subject to Cuban law or who may have such matters in the future.
Unilateral Option Arbitration Clauses in the EU: A Comparative Assessment of the Operation of Unilateral Option Arbitration Clauses in the European Context
Authors: van Zelst Bas
Published: March 2022

This article analyses the operation of unilateral option arbitration clauses (UAC) in the European context. The approach to UACs varies between the Member States of the European Union (EU). This has led to significant uncertainty. This uncertainty is attributable partly to the recent amendments in the recast Brussels I Regulation (hereinafter ‘Recast Regulation’) which came into force on 10 January 2015. Under the Recast Regulation, the substantive validity of jurisdiction clauses is governed by the law of the chosen forum.

After an introduction (section 1) and a discussion of the typical wording and use of UACs (section 2), section 3 sets out the framework applicable to the assessment of jurisdiction clauses in the EU. Section 4 submits that the framework relevant to the assessment of the law applicable to UACs is provided by the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 and discusses the operation of this Convention in the context of UACs. Section 5 provides a comparative assessment of the approach to the validity of UACs in the United Kingdom, Germany and France.
Foreign Direct Investment Disputes with Unrecognized States: FDI Arbitration in Kosovo
Authors: Young Steven C.
Published: March 2022

There are many places in the world that are unrecognized by the United Nations because they lack a sovereign and independent government. This lack of recognition raises many questions of the applicability of investment treaties, and investor rights. Developments in international human rights law indicate that these unrecognized places can still have investor protections based on the extraterritorial application of treaties.
Should Expropriation Risk Be Part of the Discount Rate?
Authors: Alberro José
Published: March 2022

For many years, there seemed to be little difference between lawful and unlawful expropriations because, in both cases, tribunals would set reparations at the fair market value of the investment before the expropriation took place. In this article, I explore the handling of expropriation risk used by tribunals in cases of unlawful measures (which I call confiscation risk) so that reparations fulfils the Chorzów objective to ‘wipe out all the consequences of the illegal act and re-establish the situation which would, in all probability, have existed if that act had not been committed’. I review five recent awards that have considered the issue of the exclusion of confiscation risk from the discount rate. Some tribunals have argued that confiscation risk should be extracted from country risk and excluded from the discount rate. New theoretical methods and estimation procedures will have to be devised to achieve that goal.
Recent Developments in International Arbitration in Australia 2015/2016
Authors: Flanagan Mary , Morrison James
Published: March 2022

This article provides an update on recent major developments in international arbitration in Australia during 2015 and 2016. It considers amendments to the legislative framework, including several much needed updates to the International Arbitration Act 1974 (Cth), as well as the latest round of changes to the ACICA Arbitration Rules. An overview of recent court decisions is also provided, including the much publicised decision of Giedo van der Garde v Sauber Motorsport AG [2015] VSC 80. Overall, these developments show that Australia continues to build upon its strengths as a potential venue for international arbitrations and is moving closer to becoming a key player in the competitive Asia Pacific market.
May International Arbitral Tribunals Declare Laws Unconstitutional? An International and a Polish Perspective on the Issue of Dealing with Unlawful Laws
Authors: Olas Andrzej
Published: March 2022

This article focuses on the issue of the international arbitral tribunals’ authority to disregard supposedly applicable statutory provisions of a given national law, which it deems to be non-compliant with relevant constitutional norms from the perspective of the Polish constitutional and arbitration law. Due to the fact that, in recent years, the present issue attracted a significant attention from the international academia, the analysis of the article begins with the report of various positions adopted by some of the leading international scholars on the matter in question. This initial study provides a firm basis for further exploration of this issue in light of the Polish law, which is preceded by a brief summary of the fundamental constitutional principles and notions underpinning the contemporary Polish legal order. Such critical analysis drives the author to a conclusion that there are no sufficiently persuasive arguments which would justify barring international arbitrators from applying the Polish substantive law in its entirety, including denying application of provisions violating the Constitution, which will supersede other normative acts. Conversely, the exercise of such arbitral review amounts to a basic duty of arbitrators (integral part of their mandate to resolve a dispute in accordance with the Polish law as the applicable substantive law of a dispute) rather than their discretionary authority.
The Future of Anti-Suit Injunctions in Support of Arbitration After the EU Court of Justices Judgment in the Gazprom Case
Authors: Paschalidis Paschalis
Published: March 2022

By its judgment of 10 February 2009 in Allianz and Generali Assicurazioni Generali (C-185/07, EU:C:2009:69), the EU Court of Justice declared anti-suit injunctions issued by Member States’ courts in support of an arbitration contrary to the Brussels I Regulation if proceedings between the same parties and on the same matter had been commenced before the courts of a Member State. However, in its judgment of 13 May 2015, Gazprom (C-536/13, EU:C:2015:316), the Court ruled that the said Regulation posed no obstacle to the recognition and enforcement of such injunctions when issued by arbitral tribunals. Since then, the Brussels I Regulation (recast) has come into force. Its recital 12 removes the foundation on which the Court based its judgment in Allianz and Generali Assicurazioni Generali, paving the way for Member States’ courts to issue anti-suit injunctions in support of arbitrations.
Orderliness and Coherence in International Investment Law and Arbitration: An Analysis Through the Lens of State of Necessity
Authors: Zarra Giovanni
Published: March 2022

The article addresses the need for orderliness and coherence in international investment law. It does so by reference to Argentina’s various claims to necessity in CMS, LG&E, Continental Casualty Co., Enron and Sempra. After having analysed the various doctrinal positions regarding orderliness of international investment law and the need for coherence in this area of international law (both from the perspective of the consistency among investment awards and from the perspective of the integration of other areas of international law within investment disputes), the work reaches the conclusion that arbitrators should endorse an approach according to which, on the one hand, they should not ignore what is done by other tribunals (we can talk of investment arbitration as a network needing internal coherence) and, on the other hand, they should always take into consideration values protected by other areas of international law and general international law (in which investment arbitration is fully integrated).
Due Process Paranoia: Need We Be Cruel to Be Kind
Authors: Gill Benjamin Ainsley
Published: March 2022

Due process paranoia is one of arbitration’s ‘hot topics’, but does it merit the heat? This article takes a view of the sources of and supposed justifications for due process paranoia in those (fortunately rare) cases where parties or counsel try to rig the arbitral process. It looks at who might be to blame for the reluctance of arbitrators to take measures to combat such activity, and considers some of the solutions that have been proposed to help deal with it. Overall, the authors suggest that all arbitration stakeholders are to a certain extent to blame, although arbitrators perhaps have the most work to do. It is therefore fortunate that they have the wide support of domestic judges and the arbitral institutions, as well as a substantial toolbox at their disposal with which to combat recalcitrant or bad faith parties.
State Responsibility for the Acts of Corrupt Officials: Applying the Reasonable Foreign Investor Standard
Authors: Wood Tim
Published: March 2022

Under the ‘reasonable foreign investor’ standard – which flows from the general law of state responsibility – the conduct of corrupt officials is attributed to their state insofar as those officials reasonably appear to act within the scope of their authority. Whereas the standard has been conceived of as a liberal one, which will normally result in state responsibility for the conduct of corrupt officials (especially of high rank), this note argues for a more stringent approach. In general, and by virtue of states’ international anti-corruption obligations, it is suggested that a foreign investor cannot reasonably assume an official (no matter how high-ranking) to be authorized to engage in and act upon corruption. Consequently, the conduct of a corrupt official should seldom, if ever, be attributable to the state.
Recent Developments in the Arbitration Legislation in Argentina
Authors: Villaggi Florencia
Published: March 2022

Argentina has been experiencing a long awaited reform of its arbitration legislation. The first step towards modernizing Argentina’s outdated legislation was the inclusion of a chapter relating to the arbitration agreement on a new federal Civil and Commercial Code enacted in 2015. This new legislation did not, however, repeal the existing arbitration provisions of the procedural codes, generating some tension between certain provisions that overlapped providing inconsistent solutions. The new legislation also included some controversial provisions which appear to be at odds with the modernization efforts. During the last year the federal Government promoted a legal reform aim at making the country more arbitration-friendly which address such criticisms and concerns. This article discusses the current legal regime applicable to arbitration in Argentina while addressing the impact that the reform will have if the draft bills that are currently being discussed are adopted.
Psycholawgy: What Dispute Resolution Practitioners Overlook?
Authors: Puchkov Stepan
Published: March 2022

This article brings to the readers’ attention several particular subconscious ‘blinders’ together with their potential implications in the field of dispute resolution and offers practical recommendations in relation thereto from both the counsel and judge/arbitrator perspective.

 The article does not aim to provide the readers with an exhaustive theoretical background of the psychology of decision-making. Instead, it will put into the spotlight only ‘blinders’ that (1) are likely to emerge in dispute resolution; (2) are easy to explain and exemplify without going too deeply into psychology; (3) suggest very concrete practical inferences; and (4) can be used to produce tips for practitioners.

Finally, it is suggested that it may be the time to rethink the approach to dispute resolution by taking more account of non-legal influences affecting disputes’ outcomes, which might in some cases be as influential as blackletter law.
Out of Africa: The 2018 OHADA Arbitration and Mediation Law Reform
Authors: Bühler Michael W.
Published: March 2022

Almost twenty years after it adopted the Uniform Act on Arbitration (UAA), the Organization for the Harmonization of Business Law in Africa (OHADA) revised its UAA and adopted a new Uniform Act on Mediation (UAM), along with a fresh set of arbitration rules of the Common Court of Justice and Arbitration in Abidjan (the ‘CCJA Rules’). These three texts were revised with the assistance of an external consultant, the author of this article. Among other changes, the 2018 UAA has provided arbitral tribunals with an express power to determine whether compulsory pre-arbitral steps (such as mandatory mediation) have been complied with, and to suspend the arbitration until such requirements have been met. It has also fixed strict time limits for local judges asked to act in support of arbitration. This article further questions whether the few limited improvements to the CCJA Rules will positively impact the future of the CCJA’s arbitration centre, given its very low caseload. With the 2018 UAM, a solid legal platform for the use of mediation in the region is now in place. The training of mediators and arbitrators, and their ability to carry out both the acts and rules in an efficient manner and effectively coexist with the judiciary, remain major challenges for the region.
Stockholm Convention on the Use of Blockchain to Boost Climate Action
Authors: Mata Dona José Rafael
Published: March 2022

This article examines an innovative junction between international investment law and climate change law with the potential to increase foreign investment in climate change mitigation and adaptation. In particular, it explores the use of Blockchain (1) as a climate change investment vehicle, (2) in the collection of evidence of emission reduction compliance and (3) in the implementation of a Carbon Tax. Finally, it analyses the possibility to incorporate those three Blockchain applications to the network of already existing International Investment Agreements (IIAs) and describes a new role arbitration can play in the resolution of new type of claims.
No Man Is an Island: Compelling Witness Evidence in Support of Arbitration Proceedings Seated in London
Authors: Harvey Giles , Adams Christopher
Published: March 2022

Parties to arbitration proceedings seated in London may wish to compel evidence from witnesses located outside the English jurisdiction by applying to the English and/or foreign courts for assistance. This article provides an overview of the available methods and discusses some of the practicalities thereof, together with likely developments in this area as a result of the United Kingdom’s imminent withdrawal from the European Union.
Recent Developments in International Arbitration in England and Ireland
Authors: Kotrly Michael
Published: March 2022

This article considers developments in international arbitration in England and Ireland by way of a review of arbitration-related judgments rendered in 2018 by the countries’ respective courts.
Arbitration in SEP/FRAND Disputes: Overview and Core Issues
Authors: Loderer Gaspare Tazio , Picht Peter Georg
Published: March 2022

This article takes a look at arbitration in intellectual property matters with regards to the licensing of standard-essential patents (SEPs) on fair, reasonable, and non-discriminatory (FRAND) terms. Due to the digital transformation, the importance of FRAND licensing of SEPs is likely to increase and with it the need for appropriate conflict resolution. This is where arbitration can come into play due to its flexibility and efficiency. The resolution of SEP/FRAND disputes through Alternative dispute resolution (ADR) is also supported by administrative and judicial bodies and institutions such as the International Court of Arbitration of the International Chamber of Commerce (ICC) or the World Intellectual Property Organization (WIPO) have already gained experience in this field. The article lays down particularities regarding the scope of arbitration in such disputes before briefly touching upon the question of arbitrability. Due to the lack of a law applicable to a pre-existing contract in prototypical SEP/FRAND constellations, the choice of law is also of importance. A special emphasis is put on the issue of confidentiality in view of a public interest in having access to key results of SEP/FRAND arbitration proceedings. As set forth in the article, the FRAND ADR Guidelines authored by the Munich IPDR Forum propose a solution in the form of disclosure of the FRAND determination methodology to a neutral instance, subject to party approval. Lastly, the article looks at how state courts might assess licenses reached in alternative dispute resolution and examines whether EU competition law is a public policy hurdle in subsequent enforcement proceedings.
One Rule to Rule Them All: Rules for Article 25 DSU Arbitration
Authors: Van Vaerenbergh Pieter , Hazarika Angshuman
Published: March 2022

The Appellate Body faces a crisis and risks being dissolved in December 2019. In order to safeguard the dispute settlement mechanism and ensure a functioning system without the Appellate Body of the World Trade Organization (WTO), many proposals have been put forward. Among these proposals, this Article highlights the potential of arbitration in the WTO.

 

Article 25 of the Dispute Settlement Understanding (DSU), which provides for arbitration as a means of dispute settlement, remains underused due to insufficient procedural guidance. This article provides a set of rules for Article 25 DSU arbitration, which could be adopted by WTO Members ‘off the shelf’ when initiating an arbitration procedure. This formulation of procedural rules combines the need for party autonomy of WTO Members engaged in an arbitration procedure with the need for procedural certainty, which has hampered its usage until date. Experience of past arbitration in the WTO and international sources for trade-related arbitration have been used to shape these customized rules for Article 25 DSU arbitration.
Emergency Arbitration in Investment and Construction Disputes: An Uneasy Fit?
Authors: Markert Lars , Rawal Raeesa
Published: March 2022

This article examines the compatibility of emergency arbitration with (1) investment treaty disputes and (2) construction disputes, respectively. The article begins by giving a brief synopsis of the evolution of emergency arbitration, following which its suitability to investment treaty disputes and construction disputes is considered. The authors provide critical analysis of the compatibility of the emergency arbitration procedure with pre-arbitral requirements in both of these categories of disputes. The authors conclude that the practices surrounding emergency arbitration need to be developed further, and specifically, the issues surrounding enforcement need to be resolved.

Emergency Arbitration, Construction Arbitration, Investment Treaty Arbitration, Enforceability, Third Parties, Dynamic Interpretation of Consent, Cooling-off Clauses, Multi- Tiered Dispute Resolution Clauses
Hot-Button Issues in International Arbitration: A Survey Among Arbitrators
Authors: Glucksmann Eloïse , Morbach Rüdiger
Published: March 2022

International Arbitration has been in the focus of public attention following the fierce debate on the Transatlantic Trade and Investment Partnership (TTIP) and the Comprehensive Economic and Trade Agreement (CETA). A broad public has questioned whether arbitral tribunals should be entrusted with issues of public interest. Some of these issues are particularly controversial. These ‘hot-button’ issues include international sanctions, corruption, money laundering and, to a somewhat lesser extent, antitrust law. The authors wanted to know how arbitrators deal with these issues, should they come up in an arbitration. They set up a survey in the form of a short online questionnaire and invited more than 2,500 arbitrators, listed as members of different European arbitral institutions, to participate. The participants were asked whether they have already encountered hot-button issues in an arbitration, whether they felt prepared to deal with them and whether they have been approached by parties who wanted a hot-button issue to be disregarded in the arbitration. Further questions addressed possible proactive measures to prevent public policy violations, such as a cooperation with public authorities and state courts. The authors compare the results of their survey with recent developments in International Arbitration.

Public interest, Public policy, Competition law, International sanctions, Corruption, Money laundering, Enforceability, Survey, Practice, Cooperation
The Restrictive Approach to Legal Representation in Arbitration Proceedings and Its Unintended Consequences in Nigeria
Authors: Taiwo Oluwafikunayo D.
Published: March 2022

The issue of legal representation in arbitration proceedings accounts for one of the sub-factors of ‘formal legal structure’ and ‘national arbitration law’ that disputing parties consider before choosing a seat of arbitration. Indeed, the ability of disputing parties in arbitration to freely select their desired representatives is embedded in the foundational principle of party autonomy. In Nigeria, a literal interpretation of the national arbitration rules prevents parties from selecting persons not admitted to the Nigerian bar as their representatives in arbitration proceedings. This article examines the impact of this restrictive approach on the attractiveness of Nigeria as a seat of arbitration. The article identifies scope for reform in the law and makes suggestions to create a more liberal legislative and judicial framework in order to promote Nigeria as a preferred seat for arbitration.

Arbitration, Legal representation, Seat, Nigeria
Unionmatex v. Turkmenistan: The Emerging Jurisprudence of Security for Costs in Investor- State Arbitration
Authors: Fourie Adrian
Published: March 2022

Applications for security for costs raise fundamental principles of legal philosophy, with leading arbitrators being divided on whether such orders should be available in investor-State arbitration and, if so, in what circumstances. Security for costs has only ever been granted in three decisions, and in two of those decisions the tribunal has been firmly divided – a rarity for procedural orders.

Unionmatex v. Turkmenistan marks the third such decision. This article summarizes the key findings in the case, outlines the framework for making such orders in International Centre for Settlement of Investment Disputes (ICSID) proceedings, summarizes the prior jurisprudence in this area, and concludes with a discussion of how the jurisprudence is likely to develop in the future.

Unionmatex, Security, Costs, ISDS, access, justice, third, party, litigation, funding
The Time Limit to Set Aside an Award Under Article 34(3) of the Model Law: A Comparative Study
Authors: Hwang Michael , Tan Kevin
Published: March 2022

The time limit to set aside an award under the United Nations Commission on International Trade Law (UNCITRAL) Model Law is three months. Although Article 34(3) of the Model Law does not appear to confer upon domestic courts discretion to extend this time limit, some exceptional decisions from Asian Model Law jurisdictions suggest that such discretion exists. This article argues that, notwithstanding these decisions, domestic courts do not have any discretion to extend the time limit to apply to set an award aside. This article also highlights certain recurring fact patterns commonly seen when parties try to argue in favour of such a discretion, and studies how the courts in various jurisdictions have treated these similar situations.

Article 34 Model Law, Article 34(3) Model Law, Article 5 Model Law, Setting aside of award, Challenge of award, Annulment of award, Time limit for application, Time bar to application, Three months, 28 days
‘If Everyone Is Thinking Alike, Then No One Is Thinking’: The Importance of Cognitive Diversity in Arbitral Tribunals to Enhance the Quality of Arbitral Decision Making
Authors: Allen Nathalie , Díaz Córdova Leonor , Hall Natalie
Published: March 2022

The popularity and longevity of international arbitration depends heavily on the quality of arbitral awards, the arbitral process, and the tribunals appointed by practitioners and institutions. In this article, the authors argue that practitioners and institutions need to consider a more diverse range of candidates for arbitrator appointments, to enlarge and diversify the pool of arbitrators. Not only does diversity make sense from an ethical standpoint, but research has also shown that increased cognitive diversity is required to reduce the risk of biased decision making and improve the quality of awards. More cognitively diverse arbitral tribunals are therefore necessary to preserve the continued legitimacy and success of international arbitration.

diversity, cognitive diversity, arbitrator appointment, groupthink, biases, attitudinal bias, confirmation bias, anchoring bias, egocentricity bias, Halliburton
Enforcement of Emergency Arbitrator Decisions: Dream or Reality? The French Perspective
Authors: Chevalier Maxime
Published: March 2022

Emergency arbitration is a recent and significant development in the field of international arbitration. The enforcement of emergency arbitrator decisions is necessary to ensure the full efficiency of the mechanism. This subject is of great interest because the recourse by arbitration users to emergency arbitration for the issuance of interim measures is usually impacted by enforcement concerns. Thus, it is necessary to provide potential emergency arbitration users with an answer with regard to the possible enforcement of emergency arbitration awarded interim measures. This article aims to show that, contrary to popular belief, the enforcement of emergency arbitrator interim measures would be feasible in France.

We will demonstrate that the emergency arbitrator should enjoy a similar status as an arbitral tribunal. Even if there exist no mechanisms for the enforcement of arbitral orders in France, interim measures could be enforced as arbitral awards. Indeed, emergency arbitrator decisions might be considered as being final and, thus, qualify as an award subject to exequatur procedure. Moreover, we will suggest providing emergency arbitration users with an alternative enforcement mechanism which consists of indirectly enforcing the emergency arbitrator decision on the grounds of breach of contract through référé emergency proceedings.

Emergency arbitration, Emergency arbitrator, France, Interim measures, Order, Enforcement, Emergency award, SNPC v. Total Fina, Otor v. Carlyl, Référé
Effectiveness of Learners Centered Approach in Subject of English at Secondary Level
Authors: Khan Irfan Ullah , Shah Farooq , Khan Anwar , Khan M. Saqib
Published: March 2022

Students centered approach of learning plays a pivotal role in teaching learning process at secondary level. It is an important way of learners’ engagement and utilization of learners’ talents in a systematic way. That is why keeping in view the immense global importance of leaners centered approach of teaching English language; the present studywas designed to find out the effectiveness of learner-centered approach in teaching of English language at secondary level. Major objectives of the study were: To determine the effectiveness of learner-centered approach in teaching of English at secondary level. To compare learner-centered approach and traditional method of teaching English at secondary level. To compare the learning competencies/abilities of the students taught through learner-centered approach and traditional method of teaching English at secondary level. Similarly, the study was guided by the null hypothesis. Therefore, in order to achieve the main objectives of the study the researcher conducted experimentalstudy at Oxford Model School District Bannu Khyber Pakhtunkhwa and took a sample of sixty (60) students randomly. First of all, the researcher administered pre-test and then wrote the marks of the students in descending order, and thus through this way all the odd numbers were included in control group and all the even numbers were included into experimental group. After the successful and careful division of students into two equal groups the researcher himself taught both groups himself, the experimental group was taught English through student-centered method and on the other side, the control group was taught though traditional method for complete four weeks. When the researcher successfully administered the post-test, then the test scores both pre-test and post-test were statistically analyzed in order to find out the significance. The researcher used inferential statistics for data analysis like Mean, Standard deviation, t-test, and coefficient of variance for the purpose of clear and reliable and clear result of the saidstudy.
Innovation and Investment in High-Tech Firms in Financially Constrained Environment
Authors: Khan Muhammad Kaleem , Zulfiqar Salman , Hussain Ammar
Published: March 2022

Present study measures the effect of financing constraints on capital investment and innovation investment of Chinese firms from 2004-2015. Consistent with previous literature we use the sensitivity of investment to cash flow and sensitivity of innovation investment as a signal of financial constraints. Panel data estimation results lead us to arrive at three important conclusions. First; Chinese firms usually face financial constraints problems due to imperfect financial markets. Second; Chinese firms face investment cash flow sensitivity. Third; Chinese high-tech firms face innovation investment cash flow sensitivity. Hence, despite the financial efforts of the Chinese government, capital markets are still not efficient and create liquidity constraints. Results depict that firms classified a priori as more prone to financial constraints (based on KZ index) show higher sensitivity to cash flow.
Relation of Use of Facebook and Student Retention Thorough The Path of Student Engagement
Authors: Khan Muhammad Yousaf , Ahmad Irfan , Soomro Muhammad Akram
Published: March 2022

This research is designed to check the relationship of Use of Facebook, Student Engagement and Student Retention. Use of Facebook is dealt as independent variables Student Engagement as mediating variable and Student Retention as dependent variable. This is quantitative research. Data is collected 600 respondents with the help of structured questionnaire. Multistage sampling techniques i.e. simple random sampling and Judgment sampling are used for selection of respondents. Results indicate that for direct relationship, Use of Facebook has significant positive impact on Student Engagement and Student Retention respectively. While, Student Engagement is partially mediating the relationship of Use of Facebook with Student Retention. In future, these kinds of researches may also conduct on different sectors like textile sector, telecommunication sector, and health sector. In future, more universities of heterogonous cities will also include for generalization of results.
Analysis of Microfinance and Its Impact on Improving Living Standard of Borrowers: Evidence from Khyber Pakhtunkhwa
Authors: Shah Muhammad Imran , Awan Zahid
Published: March 2022

There are many indicators such as the living standards, empowerment of borrowers, employment opportunities and poverty reduction which show the association between microfinance and developing economy. The major objective of this research study is to analyze microfinance to show its impact on living standard regarding people of Khyber Pakhtunkhwa, this study is based on both quantitative and qualitative methodologies to find out the feasible solution of the research problem. A stratified random sampling technique was used to get the response of a total of 265 respondents. Data were collected through questionnaires (close ended), semi-structured interviews, observations and the documentary reviews. Data analysis was based on descriptive statistics using various statistical tools like regression, correlation, t-test, and ANOVA with the help of tables and charts. The results of the study show that microfinance has positive and significant effects on the economic and living standard of the borrowers of microfinance.
Simulation of flexural behavior of frp reinforced concrete beam
Authors: Nguyen Ba Toan
Published: March 2022

This paper presents a finite element model which is considered the nonlinear material of the rebar steel, and concrete of the beam to investigate the behavior of fiber reinforced polymer (FRP) based on the commercial software ABAQUS. The different types of the constraint between steel rebar, FRP and concrete are also showed in this study. In our research, the sensitivity of the parameters such as mesh size, dilation angle, viscosity factor, and concrete fracture energy is also evaluated. These results in the current study are verified with the results obtained from the experiment which is conducted by the authors of the paper at the laboratory of Mien Trung university of civil engineering. The study figured out that using the solid bar element which is constrained with concrete by the embedded contact to simulate the FRP reinforced concrete beam is more optimized than applying the truss bar element. Another point is that based on the results of the current paper can be found the ways to adjust the simulation in ABAQUS that is suitable for the real beam.
Finite difference method with laplace transform technique for vertical drains
Authors: Nguyen Van Duong , Tran Thi Vinh
Published: March 2022

The paper present finite diference method (FDM) with Laplace transform technique for vertical drains. This method is capable of simulation of multi loading with time and complex boundary conditions. The Laplace transform technique is also ultilized in order to simplify the derivative function of time to an algebra function. The discreted function then can easily determine the pore pressure at each points.  The pore pressure and average consolidation degree by the present solution shows good agreement with previous solutions in three differences load applying: instant loading, single ramp loading and multi-ramp loading. This paper also proposes a discreted 10 points is a practical application for multi-ramp loading with the error in predicting average consolidation degree less than 5%. In order to verify the efficient of the present solution, a real embankment treated by vertical drains with vacuum consolidation technique are analyzed. The pore pressures and settlements have been compared with field data and previous researchs.
Influence of PMMA on properties of polymer electrolyte based on epoxidized deprotenized natural rubber
Authors: Phan Trung Nghia , Trinh Thi Hang , Trinh Hai Ninh , Seiichi Kawahara
Published: March 2022

The effect of co-polymer, i.e. poly(methyl methacrylate) (PMMA), and doping salt, i.e. lithium trifluoromethanesulfonate (LiCF3SO3) inthe epoxidized rubber-polymer blends preparation was evaluated. The electrolyte membrane was developed through solution castingmethod in the presence of 0-50wt.% of LiCF3SO3. The influence of LiCF3SO3 on chemical interaction and structure, ionic conductivity,mechanical properties, and glass transition temperature (Tg) of 45%-epoxidized deproteinized natural rubber (EDPNR45)-PMMA (80/20) membrane was determined using several techniques, i.e. F-IR, universal testing machine, multipotentiostat, and DSC. Infrared analysis showed that lithium salts might formed coordination bonds with the oxygen atoms of PMMA and EDPNR45. Ionic conductivity of EDPNR45/LiCF3SO3 blends have been evaluated and the highest conductivity (σ) was obtained in the presence of 35 wt.% of lithiumtrifluoromethanesulfonate (1.71 x 10-5S.cm-1). The PMMA content’s effect was also evaluated on the properties of EDPNR45/LiCF3SO3.The highest conductivity and mechanical strength values at EDPNR45/PMMA ratio of 80/20. Enhancing trend of Tg was obtained withthe increase of PMMA and salt concentration. FTIR characterization also confirms the interaction of salt with EDPNR45 and PMMA.
Effect of groundwater drawdown on distribution of land subsidence in layered soils
Authors: Tran Van Tuan , Truong Quynh Nhu
Published: March 2022

The objective of this study is focused on the effect of groundwater lowering on distribution of land subsidence in layered soils anddeveloping charts which present the distribution of land subsidence with vertical directions when lowering the hydraulic heads. Authors used the expression for 1D water flow theory and Riley’s method to calculate the land subsidence for two cases of layered soils: hypothetical soil (2 layers) and soil in My Thuan Bridge (4 layers), Vinh Long Province. Besides, the study used the finite element method (Plaxis 2D) to simulate the land subsidence. The results showed that 1D water flow theory and Riley’s method presented the relationship between land subsidence with depth (Z). All 2 cases, the land subsidence was a function of local position as well as soil properties and this relationship is nonlinear with the curve is different in each soil layer. Settlement of soil near the surface is larger than settlement of soil at larger depth.
LPTK Laboratory School Curriculum Management as Actualization of Independent Campus in Indonesia
Authors: Bestari Prayoga , Sopandi Wahyu , Mulyawan Rahman , Saepudin Epin
Published: March 2022

This research focuses on curriculum management in the Laboratory Schools under the LPTK. Planning, actuating, and controlling are forms of curriculum management at the Labschool of Indonesian Education University (UPI), Ganesha Education University (UNDIKSHA), Padang State University (UNP), and Jakarta State University (UNJ). The method used is qualitative with purposive sampling. The subjects in this study were the principal, the head of the foundation/LPTK, teachers, and administrative staff. The results showed that curriculum management planning in each laboratory school was administratively implemented by a curriculum development team involving input from the LPTK. The implementation is fully in the control of the principal and vice principal in the field of curriculum, and a special team from the LPTK and foundations carries out supervision. This research is expected to provide an overview of curriculum management in laboratory schools and a reference for laboratory schools under the LPTK in Indonesia.
Permanent transitoriness and housing policies: Inside São Paulo’s low-income private rental market
Authors: Villela de Miranda Felipe , Rolnik Raquel , Abramowicz Santos Renato , Dulce Lins Regina
Published: March 2022

In São Paulo, Brazil, housing policies and planning shape and boost highly precarious and exploitative private rental markets. This is the case of a housing public-private partnership (PPP) that is seizing land since 2017 in a very stigmatized central neighborhood known as Cracolândia or Crackland. This paper covers the first two years of the PPP’s implementation. Based on the life trajectories of tenants and squatters of buildings targeted for demolition, looking at both their living conditions and their encounters with governments, we demonstrate how policies and planning not only fail to meet the housing needs of people repeatedly forced to move but also deepen the permanent transitoriness which marks their housing experiences and struggles of everyday life. The paper also provides historical context to the housing PPP by highlighting the sequence of demolitions induced by various urban interventions that targeted the area since the late 1990s. The findings presented here stem from action research embedded in an ongoing process of resistance to government-led displacement –a process in which the authors intervene as advocates for adequate housing, and document and analyze as researchers.
Abolish rent!
Authors: Park Julian Francis
Published: March 2022

‘Homes for all’ is, rightly, the prevailing strategic slogan in the USA tenants’ movement. As a tactical slogan, however, it is time that ‘abolish rent’ replaces ‘decommodify housing’. While ‘decommodify housing’ importantly points to the social problems of rental housing’s status as commodity, full decommodification is a complex process requiring transformation not only of the selling and renting of housing for money but also the processes of housing production and management. This complexity makes decommodification as a tactic an obscure process and consequently an ineffective slogan for agitating tenants because of its distance from their everyday struggles. ‘Abolish rent’ instead points toward generalizing direct action tactics already essential in the struggles of housed and unhoused tenants, tactics like rent strikes and squatting. To generalize rent abolition necessarily includes fully decommodifying housing, but in connecting immediate tactics to long term strategy, I contend that ‘abolish rent’ is a more effective slogan.
Defensive and expansionist struggles for housing justice: 120 years of community rights in New York City
Authors: Mironova Oksana
Published: March 2022

In struggles for dignified housing and greater agency, housing justice organizers often rely on an alternative valuation of urban space, based in community rights, which elevates the shared social value generated by residents over the market determined value of real estate. To parse the complexity of New York City’s contemporary housing landscape, this piece outlines a typology for categorizing housing justice struggles as defensive or expansionist. The contemporary use of community rights as an ideological and ethical framework for these struggles is historically informed by successive housing justice campaigns throughout the twentieth century. And the concept of community rights may evolve yet again, as housing justice organizers expand their fight across geographies and build bridges with broader economic and racial justice movements.
Kebijakan Pasal-Pasal Kontroversial Dalam RUU KUHP Ditinjau Dari Perspektif Dinamika Sosial Kultur Masyarakat Indonesia
Authors: Cahyani Helmalia , Firdaus Intan Nurul , Sitanggang Julia Elisabeth , Irawan Ferry
Published: March 2022

The criminal code that applies in Indonesia is one of the products of the Dutch colonial with a liberalist pattern. Therefore, there has been an attempt to update the criminal code which is motivated by cultural or socio-cultural developments in society. This led to the discovery of several articles in the criminal code (KUHP) that were not in accordance with the socio-cultural conditions of the Indonesians. Some of these articles have caused controversy from various parties who feel that these articles are deviant and require review. This study aims to review the draft of criminal code (RUU KUHP) based on the socio-cultural perspective of the Indonesian people. The method used is descriptive qualitative. while the approach used in this research is normative juridical which is based on legal principles and legal comparisons that exist in society. The results of the study indicate that several provisions regarding offenses currently in the criminal code must be reviewed in the draft of criminal code. In addition, several articles in the draft of criminal code also need to be studied more deeply to adjust to the socio-cultural conditions and the psychological atmosphere of the Indonesians.
Kitab undang-undang hukum pidana yang berlaku di Indonesia merupakan salah satu produk warisan kolonial Belanda yang bercorak liberalis. Oleh karena itu, muncul suatu upaya untuk memperbaharui KUHP tersebut yang  dilatarbelakangi oleh perkembangan budaya atau sosial kultural dalam masyarakat. Hal tersebut menyebabkan ditemukannya  beberapa pasal dalam Kitab Undang–Undang Hukum Pidana (KUHP) yang tidak sesuai dengan keadaan sosial kultural masyarakat Indonesia. Beberapa pasal tersebut menimbulkan kontroversi berbagai pihak yang merasa pasal tersebut menyimpang dan memerlukan tinjauan ulang. Penelitian ini bertujuan untuk meninjau Rancangan Undang-Undang Kitab Undang-Undang Hukum Pidana (RUU KUHP) berdasarkan perspektif sosial budaya masyarakat Indonesia. Metode yang digunakan adalah deskriptif kualitatif. sedangkan pendekatan yang digunakan dalam penelitian ini adalah yuridis normatif yang didasarkan pada asas-asas hukum dan perbandingan-perbandingan hukum yang ada dalam masyarakat. Hasil penelitian mengindikasikan bahwa beberapa ketentuan mengenai delik yang saat ini ada dalam KUHP agar ditinjau ulang dalam RUU KUHP. Selain itu, beberapa pasal dalam RUU KUHP pun perlu ditelaah lebih mendalam untuk menyesuaikan dengan kondisi sosial budaya serta suasana psikologis masyarakat Indonesia.