bluuebunny/crossref_metadata_2025 huggingface dataset:
EU Economic Sanctions in Arbitration
Authors: Szabados Tamás
Published: March 2022

Sometimes, the application of the economic sanctions imposed by the European Union (EU) arises in arbitration proceedings. This article examines the extent to which unilateral EU sanctions are applied uniformly in arbitration. Opting for arbitration between the parties instead of court proceedings, as well as the selection of a particular arbitration venue, may be used to avoid the application of EU sanctions. Although arbitral tribunals have considerable freedom in deciding whether to give effect to EU economic sanctions, which involves an inherent uncertainty in terms of their claim for uniform application, the fact that the parties choose arbitration does not necessarily exclude their application. EU sanctions constitute the public policy of the Member States. The potential for the annulment of the arbitral award by a competent court in an EU Member State or the denial of the recognition and enforcement of the arbitral award in the EU may therefore be an incentive for the arbitrators not to disregard these sanctions and may discourage the parties from choosing arbitration or a particular location for arbitration only to escape the application of EU sanctions.
Free Zone Arbitration in the United Arab Emirates: DIFC v. ADGM (Part II)
Authors: Blanke Gordon
Published: March 2022

This is Part II of a two-part article that deals with the phenomenon of free zone arbitration in the United Arab Emirates. Part I, which was published in the last issue of this journal, discussed in some detail the concept and practice of free zone arbitration in the Dubai International Financial Centre (DIFC). This Part II discusses free zone arbitration in the more recently established Abu Dhabi Global Market (ADGM) and highlights the main differences between the two. In doing so, Part II will take a closer look at the judicial and legislative framework of the ADGM, including in particular the main provisions and the operation of the 2015 ADGM Arbitration Regulations, the institutional framework of arbitration in the ADGM, the curial function of the ADGM Courts in ADGM-seated arbitrations and the recognition and enforcement of domestic (non-)ADGM and foreign arbitral awards in the ADGM. Part II also explores to what extent the ADGM Courts are envisaged to serve as a host or conduit jurisdiction in the terms proposed and practiced by their DIFC counterparts.
Fiat iustitia, ne pereat mundus: A Novel Approach to Corruption and Investment Arbitration
Authors: Drude Joachim
Published: March 2022

Corruption has existed forever. Notwithstanding a seemingly universal condemnation as reflected in a number of international conventions, levels of corruption continue to be quite high across the globe. The public sector is most troubled with it. There are countries where grand corruption deeply rooted at highest government levels constitutes the very essence of state policy. This article analyses whether it is appropriate in the investment arbitration context to deny contracts or investments procured by corruption any form of protection as the tribunals in World Duty Free, Metal-Tech and Spentex have done, relying on considerations of international (transnational) public policy. Based on a comparative analysis of how several jurisdictions deal with the issue, the article concludes that, subject to certain limitations, it is not against international (transnational) public policy to accord protection to contracts and investments tainted by corruption.
A Vision for Green Foreign Direct Investment: Proposals for an Investor-State Collaborative Effort
Authors: Trigo Ana Coimbra
Published: March 2022

Time is of the essence. With each passing day, the options and alternatives available to the peoples of the world to stem the tide of man-made destruction to the Earth are steadily disappearing.

 The Stockholm Treaty Lab challenged professionals from various disciplines to imagine and design strategies to mitigate and reduce the detrimental impact of human beings upon the planet. This article reflects the culmination of thought processes and ideas of one the participating teams.

The team drafted a legal instrument within the currently existing U.N. infrastructure, and included a number of aspects advocating for its widespread adoption, seeking to incentivize parties with the power to effect environmentally sound change to be more active.

Economists, business consultants, lawyers, and scientist sought to find solutions to three manmade issues, namely (1) food waste, (2) deforestation, and (3) lack of renewable energies. Each of these three categories represent a major exacerbating force upon climate change, yet are areas that could be drastically affected with cooperation among states and investors. Within each category, both general policies and specific solutions/incentives are outlined. Further, dispute resolution mechanisms and the imagined economic impact for investors financing these initiatives are discussed.

It is the belief of the team that the problems considered by the article have little chance of being effectively addressed unless there is widespread cooperation, thus it is hoped that articles like this one can be the catalyst for that change.
Revisiting Bifurcation and Efficiency in International Arbitration Proceedings
Authors: Greenwood Lucy
Published: March 2022

In 2011, the author published an analysis of available empirical data on bifurcation of disputes in this journal. The article, ‘Does Bifurcation Really Promote Efficiency?’(28(2) J. Int’l Arb. 105–11 (2011)) tested the ‘generally accepted view that bifurcation of proceedings promotes efficiency’ by analysing the available data on the time taken for bifurcated cases to conclude and comparing that data with time taken for non-bifurcated cases. The author noted that ideally, to test whether bifurcating a case does result in the case being resolved in less time, the comparison should be made between a case that was bifurcated to the same case without bifurcation. However, this was not possible in practice. Thus, the next best alternative approach, that of comparing different cases was adopted, although it was recognized that cases can vary significantly in terms of factual and legal complexity. Nonetheless, the empirical evidence, however imperfect, can be and was illustrative. This article revisits the available data relating to the bifurcation of international arbitration matters and expands the previous discussion.
Artificial Intelligence and Legal Decision-Making: The Wide Open?
Authors: Scherer Maxi
Published: March 2022

The article explores the use of Artificial Intelligence (AI) in arbitral or judicial decision-making from a holistic point of view, exploring the technical aspects of AI, its practical limitations as well as its methodological and theoretical implications for decision-making as a whole. While this article takes the angle of international arbitration, it looks at examples and studies from a wide variety of legal areas and its conclusions are relevant for adjudicatory decision-making more globally. The author assesses existing studies on decision outcome prediction and concludes that the methodology and assumptions employed put into doubt the claim these models might be used for ex ante outcome predictions. The article also discusses whether AI models, which are typically based on information extracted from previous input data, are likely to follow ‘conservative’ approaches and might not be adapted to deal with important policy changes over time. The article further finds that a blind deferential attitude towards algorithmic objectivity and infallibility is misplaced and that AI models might perpetuate existing biases. It discusses the need for reasoned decisions, which is likely to be an important barrier for AI-based legal decisionmaking. Finally, looking at existing legal theories on judicial decision-making, the article concludes that the use of AI and its reliance on probabilistic inferences could constitute a significant paradigm shift. In the view of the author, AI will no doubt fundamentally affect the legal profession, including judicial decisionmaking, but its implications need to be considered carefully.
The New NAFTA: Scaled-Back Arbitration in the USMCA
Authors: Garcia-Barragan Daniel , Mitretodis Alexandra , Tuck Andrew
Published: March 2022

In December 2018, the United States, Mexico, and Canada entered into the United States- Mexico-Canada Agreement (USMCA), a new multilateral investment agreement to replace the 1994 North America Free Trade Agreement (NAFTA). This article summarizes the differences between the investor-state dispute settlement (ISDS) provisions provided in Chapter 11 of NAFTA and those covered in Chapter 14 of the USMCA from the perspective of the United States, Mexico and Canada. This article covers when an investor can assert claims under the USMCA (including NAFTA claims for legacy investments), what kind of claims can be brought, and what rules govern in USMCA arbitrations. The authors of this article conclude that the USMCA provides diluted ISDS provisions compared to NAFTA’s Chapter 11.
Restrictive Interpretation of Investment Treaties: A Critical Analysis of Arbitral Case Law
Authors: Petsche Markus
Published: March 2022

This article critically discusses the recourse to the principle of restrictive interpretation (in dubio mitius) by treaty-based investor-state arbitral tribunals. Although its status as a rule of international law is at best controversial, in dubio mitius has been applied by a number of arbitral tribunals interpreting umbrella clauses and most-favoured-nation (MFN) provisions contained in investment treaties. This article shows that restrictive interpretation is inappropriate and undesirable. It highlights, first of all, that no rational justification for in dubio mitius exists and that the sovereignty-based rationale put forward is obsolete, illogical and largely dysfunctional. It also shows that restrictive interpretation frequently clashes with other, more fundamental, rules of treaty interpretation and that in dubio mitius interpretation of investment treaties has an inherently discriminatory effect on investors.

Investment Treaties, Treaty Interpretation, Restrictive Interpretation, In Dubio Mitius, Umbrella Clause, Mfn Provision, State Sovereignty, Investment Law
Rethinking the Role of Arbitration in International Tax Treaties
Authors: Salehifar Alireza
Published: March 2022

The dispute resolution system of Double Tax Agreements (DTAs) has been a major focus for both tax authorities and researchers around the world. For several years Article 25 of the Model Tax Convention of the Organisation for Economic Co-operation and Development on Income and on Capital (‘OECD Model Tax Convention’), and Article 25 of the United Nations Model Double Taxation Convention between Developed and Developing Countries (‘UN Model Tax Convention’) had relied on a negotiation-based Mutual Agreement Procedure (MAP) as the only mechanism for the resolution of disputes arising from a tax treaty. In order to improve the function of the MAP mechanism, the OECD, in 2008, and the UN Tax Committee, in 2011, introduced a binding ad hoc arbitration clause in Article 25(5) of their respective Model Tax Conventions. However, the OECD and UN Model Tax Conventions have reserved very limited role for arbitration in resolving tax treaty disputes. After establishing that the inclusion of the current arbitration clauses in the OECD and UN Model Tax Conventions have not assuaged the tensions created by divergent interpretation or application of rules espoused in DTAs, this article examines possible techniques for improving the dispute resolution system of DTAs.

Arbitration, Dispute, Double Tax Agreement, Model Tax Convention, Mutual Agreement Procedure, OECD, Taxation
A Taxing Endeavour: Addressing the Tax Consequences of Investment Arbitration Awards
Authors: Leikin Eric , Keller Moritz
Published: March 2022

The authors proceed from the theoretical rule that where a claimant establishes that the value of its award will be taxed in excess of what its profits would have been taxed absent the respondent state’s breach, it may be entitled to a ‘tax remedy’ in order to prevent under-compensation. They then analyse tribunal practice, with some interesting (and surprising) results. First, despite the taxation of awards often amounting to tens of millions of dollars, tribunals have devoted very little attention to this issue. Second, tribunals have tended to make a distinction between those potential award tax burdens imposed by the respondent state and those imposed by a third state. Whilst requests for tax remedies regarding tax liabilities to third states have been refused in all publicly available decisions, some tribunals have been sympathetic to requests for tax remedies regarding tax liabilities to the respondent state; although importantly, such awarded remedies have been non-monetary in nature. Finally, looking forward, the authors propose that tax remedies be categorized as ‘future losses’, a well-established concept. Mindful of the hurdles such arguments would need to overcome, including the requirements of reasonable certainty and proximate causation, the authors point to existing law and practice to provide a corresponding legal framework, in the hope of moving towards consistent and objective future practice on this point.

Tax remedies, tax gross-up, taxes in investment arbitration, taxation of arbitral awards, future losses, speculative losses, proximate causation, reasonable certainty, burden of proof for establishing damages, two-tiered burden of proof for future losses
Contractual Time Limits to Commence Arbitration
Authors: Karasahin Yasin Alperen
Published: March 2022

Arbitration and multi-tier dispute resolution clauses may contain a time limit to commence arbitration. The expiry of such a time limit could have different legal results. First, it could make the arbitration clause ineffective. Second, it could extinguish the claim or prevent its enforcement through legal proceedings. In the latter case, the contract provision about the time limit would have to be examined with regard to its compliance with mandatory provisions of the law applicable to limitation periods. Even the determination of the law applicable to limitation periods causes considerable difficulty. It is another difficult issue to determine which provisions of the law applicable to limitation periods are mandatory and, if so, whether the contract provision complies with the limits of the law. Once it is established that the contract provision is valid, the acts necessary to prevent the expiry of the time limit would have to be examined.

limitation period, preclusion period, extinctive prescription, time bar, commencement of arbitration, mandatory rule, jurisdiction, applicable law, interpretation, validity.
Ten Years Later: Why the ‘Renaissance of Expedited Arbitration’ Should Be the ‘Emergency Arbitration’ of 2020
Authors: Lal Hamish , Casey Brendan
Published: March 2022

While the last decade will be remembered for the splash created by the invention of Emergency Arbitration and its subsequent wide adoption across institutional rules, this article proposes that the next decade should be known for the Renaissance of Expedited Arbitration. There is little doubt that Emergency Arbitration responded to certain user needs and sought to fill a void in international arbitration related to interim relief ordered by an arbitrator prior to the constitution of the tribunal. However, the label Emergency Arbitration ‘over-promised’ by suggesting to some users that under this innovation they could achieve a quick final resolution of their dispute. Now that the ability for parties to obtain pre-tribunal-constitution interim relief is settled, the arbitral community must respond to the user’s desire to obtain swifter final resolution. This article proposes that the best way to achieve that end is through the expansion of the parameters associated with the applicability of the ‘expedited track’ in arbitral rules. By expanding the default application of these rules, users would have the ability to obtain swifter final resolution of more disputes while retaining safeguards in situations where the arbitral tribunal found that the expedited track would move ‘too fast’ for the dispute at hand.

Expedited Arbitration, Emergency Arbitration, Interim Relief, hundred-Day Arbitration, Enforceability, ICC Commission Report Emergency Arbitrator Proceedings, Interim Order, Efficiency, Time, Cost
The (Underdeveloped) Use of Arbitration in International Insolvency Proceedings
Authors: Madaus Stephan
Published: March 2022

The commencement of insolvency proceedings has mostly been perceived as a form of disturbance in the arbitration world because it could provide a cause to stay pending arbitration proceedings and hinder the enforcement of arbitral clauses and arbitral awards. Most of the academic discussion has focused on these issues. This article will discuss these issues only briefly. Instead, it aims at demonstrating that disputes which arise in the context of international insolvency proceedings could benefit from a more advanced use of arbitration. The article explains the arbitrability of disputes in insolvency proceedings and the limited scope of the public policy defense with the national insolvency laws functioning as a gatekeeper to arbitration. Consistent with existing insolvency case law in many jurisdictions, an arbitration-friendly approach is formulated. Following this approach, the article outlines disputes that could be resolved efficiently when addressed in arbitration.

Insolvency, arbitration, arbitrability, bankruptcy, core bankruptcy issue, public policy, cross-border insolvency proceedings, related disputes
Adaptation of Long-Term Contracts by International Arbitrators in the Face of Severe Economic Disruptions: Three Salient Problems
Authors: Berger Klaus Peter
Published: March 2022

For many decades, international arbitrators have gone beyond deciding traditional legal disputes and have been involved in the adaptation of long-term contracts. These contracts are particularly vulnerable to extreme and unforeseen changes of economic circumstances such as those caused by the consequences of the Coronavirus Disease 2019 (COVID-19) pandemic. However, doubts have always been raised as to whether, how, and to what extent international arbitrators may interfere with the parties’ contractual bargain. In dealing with these concerns, this article explores three essential issues. They relate to the procedural authority for and the substantive legitimacy of the tribunal’s adaptation decision, as well as to the search for adaptation standards, which ensure outcomes of contract adaptations by international arbitral tribunals that make business sense.

Covid-19 pandemic, contract adaptation, gap filling, long-term contracts, hardship, force majeure, notion of ‘dispute’, good faith, ex aequo et bono.
Ascertaining the Proper Law of an Arbitration Agreement: The Artificiality of Inferring Intention When There Is None
Authors: Chan Darius , Jim Yang Teo
Published: March 2022

The common law choice of law principles for determining the proper law of an arbitration agreement previously thought to be settled by the English Court of Appeal’s decision in Sulamérica v. Enesa [2013] 1 W.L.R. 102 have now been thrown into disarray after a recent string of three judgments: starting with the Singapore Court of Appeal’s decision in BNA v. BNB [2019] S.G.C.A. 84, followed by two decisions from the English Court of Appeal in Kabab-Ji v. Kout Food Group [2020] EWCA Civ 6 and Enka Insaat Ve Sanayi A.S. v. OOO ‘Insurance Company Chubb’ [2020] EWCA Civ 574.

This article undertakes a comparative analysis of English and Singapore case law and argues that the common law should take party autonomy more seriously by ascertaining whether the parties have a clear and real intent to choose a particular system of law to govern their arbitration agreement. The current reliance on presumptions or inferences of what the parties must have intended is in reality an artificial arrogation to judges and arbitrators on what ‘commercial’ sensibilities businessmen should be taken to have. In the absence of a clear and real intent, arbitrators and state signatories to the New York Convention ought to apply the law of the seat as the default choice of law rule in the New York Convention.

governing law, proper law, arbitration agreement, choice of law, conflict of laws, Sulamérica, Kabab-Ji, Enka, BNA, separability, validation principle, Article V(1)(a), New York Convention.
Enforcement in Indonesia: Obtaining a Power of Attorney for Registration of the Award
Authors: Katsikis Dimitrios , Nicholls Anthony Cheah
Published: March 2022

Indonesia is forecast to become one of the world’s top ten economies by 2030, which will lead to an increase in arbitrations with an Indonesian element. Sophisticated commercial parties and arbitration specialists alike are often unaware of a peculiarity of Indonesian arbitration law which requires that the arbitral tribunal must apply for, and obtain, registration of an arbitral award with the Indonesian courts before the award can be enforced. If a tribunal is not aware of this peculiarity, and becomes functus officio without having obtained registration, the parties risk having an award that cannot be enforced in Indonesia.

In this article, we examine the registration requirement and set out steps that an arbitral tribunal must take in order to register an award with the Indonesian courts. We then consider the circumstances in which a tribunal can satisfy the registration requirement by providing parties’ counsel with a Power of Attorney, so that they can register the award on its behalf. We analyse some of the key features that the Power of Attorney should have, as well as the pitfalls parties should be aware of, drawing on aspects of Indonesian law as well as our practical experience.

Indonesia, registration, power of attorney, proxy, mandate, mandator, mandatory, tribunal, legalization, notarization
Arbitrability of Disputes Under Iran’s Bilateral Investment Treaties: Article 139 of the Iranian Constitution Reconsidered
Authors: Nasrollahi Shahri Nima , Narimani Mohammad-Reza , Rahbar Navid Sato
Published: March 2022

This article intends to investigate a major set-back to arbitration under Iranian law, i.e. the requirement of receiving an authorization from the Iran Council of Ministers and/or Parliament to refer disputes relating to public and state-owned assets to arbitration. This requirement is enshrined in Article 139 of Iranian Constitution (‘Article 139’).

The article examines this provision through the prism of arbitrability focusing on treaty-based investment arbitration. To this end, the existing practice and court precedence pertaining to Article 139 are studied and critically analysed. In particular, the implications of this requirement on the jurisdiction of arbitral tribunals and enforcement of awards are considered in depth in the light of the wording of bilateral investment treaties (BITs) concluded between the Islamic Republic of Iran and other countries.

Overall, we conclude, that Article 139 is not as serious a problem in BIT arbitration as it may be in commercial arbitration, especially as far as enforcement of awards is concerned. This has to do, partly, with the wording of Iran’s BITs, the risk of state responsibility for nonenforcement of awards in investment arbitration, and, of course, the possibility to enforce arbitral investment awards outside of Iran.
Digital Readiness Index for Arbitration Institutions: Challenges and Implications for Dispute Resolution Under the Belt and Road Initiative
Authors: Goh Allison
Published: March 2022

Post-COVID-19, a paradigm shift has occurred in the adoption of technology in arbitration. Leading arbitral institutions have adapted quickly, highlighting the foresight of institutions who have existing technological infrastructure in place. This article proposes a ‘Digital Readiness Index’, which aims to evaluate arbitral institutions on their level of digital readiness based on five evaluative indicators. Crossreferenced against Institute for Management Development (IMD’s) 2019 World Digital Competitiveness Rankings, the findings reveal synergies between an economy’s digital competitiveness and the adoption of technology in dispute resolution. To further the development of dispute resolution processes under the Belt and Road Initiative, strategic cooperation is required under the Beijing Joint Declaration of the ‘Belt and Road’ Arbitration Institutions, to advance best practices and protocols in the use of technology in arbitration, and address challenges such as cybersecurity and data protection.

international arbitration, belt and road initiative, digital competitiveness, technology and arbitration, remote hearing, arbitration institutions, cybersecurity and data protection
A Massive Fire and a Mass of Confusion: Enka v. Chubb and the Need for a Fresh Approach to the Choice of Law Governing the Arbitration Agreement
Authors: Koepp Johannes , Turner David
Published: March 2022

The recent judgment of the Supreme Court of the United Kingdom in Enka v. Chubb has provided an answer, at least provisionally, to the thorny question of how the proper law of an arbitration agreement is to be determined under English law. The majority of the Supreme Court (in a 3–2 split) held that in the absence of an express or implied choice of law by the parties, the ‘default rule’ should be that the arbitration agreement is presumed to be governed by the law of the arbitral seat, as the law ‘most closely connected’ to the arbitration agreement. Yet the Supreme Court’s reasoning is not wholly satisfying, and the two dissenting judgments present powerful arguments for taking a contrary approach. This article proposes a means to sever this enduring Gordian knot: drawing from the in favorem validitatis principle applied by the Swiss, Dutch and Spanish legal systems in determining the substantive validity of an arbitration agreement, we suggest extending this principle to encompass questions of the scope of an arbitration agreement and arbitrability. Under this approach, instead of focusing on determining the proper law of the arbitration agreement, the courts need only ask themselves two questions: (i) does the claim in question fall within the scope of the arbitration agreement, as interpreted under any of the potentially applicable laws, and (ii) is it arbitrable under any of those laws?

(UK) Supreme Court, Enka v Chubb, Arbitration agreement, Proper law, Choice of law, Governing law, In favorem validitatis, Favour principle, Arbitral seat/seat of arbitration, Scope of the arbitration agreement
Evolution of 28 U.S.C. § 1783: An Unexplored Tool to Support International Arbitration?
Authors: Rangachari Rekha , Duggal Kabir , L. Schmidt Peter
Published: March 2022

In certain disputes, it may be important to acquire evidence from the other party, but it is difficult to do so because the international arbitration process envisions only a limited form of discovery from the opposing party in the form of document production. There is, however, the potential of an unexplored option in US law to help fill this void. 28 U.S.C. § 1783, also known as the ‘Walsh Act’, enables a United States court, under certain circumstances, to subpoena a national or resident of the United States who is in a foreign country to personally appear as a witness before the court, or before someone designated by the court, or to produce specific testimony or documents. Considering the ubiquity of American parties in international disputes, section 1783 has the potential to become an important tool in the arsenal of a disputes lawyer. Indeed, considering how section 1782 has been increasingly applied in international arbitration, it is possible that section 1783 might evolve as an important component in considering strategies for international arbitration. Like section 1782, however, due to its lack of use to date and vague statutory language, its applicability to various forms of international arbitrations remains an unfortunately open question. But it still has the potential to change international arbitration as we know it

Witness testimony, evidence, subpoena, domestic courts, discovery
Betamax: Has The Privy Council Gone Too Far In Seeking To Ensure That The Second Look Test Does Not Become A Second Guess Test?
Authors: Granier Thomas , Grierson Jacob
Published: March 2022

Questions of public policy often arise in international arbitrations, including, in particular, issues of competition law and corruption. Arbitrators’ power to adjudicate these issues is conditional upon national courts’ power to review such issues when faced with annulment applications and/or objections to enforcement applications (the ‘second look’ test). However, national courts are divided as to whether, when doing so, they should be allowed to second-guess an arbitral tribunal’s decision on whether there has been a breach of international public policy. In its recent decision in Betamax, the Judicial Committee of the Privy Council (the highest court of appeal for Mauritius, constituted of members of the UK Supreme Court) came down very firmly against second-guessing. After having presented the different approaches that various jurisdictions have adopted on this issue, this article proposes that national courts should be allowed to further inquire into and potentially second-guess arbitrators’ decisions on issues of international public policy, provided that the party applying for the setting aside of the award establishes before the competent court a strong prima facie case that there has been illegality such that recognising or enforcing the award would give rise to a breach of international public policy.

Betamax, Public policy, corruption, bribery, money laundering, competition law, illegality, setting aside of arbitral awards, enforcement proceedings
Education for All Goals: A Dream in the Presence of Child Labour In Pakistan
Authors: Shah S. Farooq , Asghar Ullah Khan  , Ullah Mati , Ullah Irfan
Published: March 2022

Child labour is amongst one of the largest & foremost confronts for the accomplishment of the Education for All Goals in our country Pakistan. The in-hand article is an effort regarding prevailing situation of Child Labour in Pakistan & its inverse effects on the development towards the achievement of the EFA Goals. This article reached the conclusion that Child Labour is often caused as a result of the culture, attitude, commitment & priorities of the society & the states which not only has increased the number of Child Labourers but has become a strong & rigid obstacle to the EFA Goals, particularly, for young children. Though the Pakistani states has shown its full dedication to the EFA map, nevertheless, futile execution of procedure, rapid change in political setups, cultural constraints, lack of qualified teachers, missing of basic infrastructure facilities, insecurity, lawlessness, natural disasters, lack of commitment towards girls education, priorities in Govt budgetary allocation, lack of literacy awareness campaigns, gender discrimination & lack of reforms in the education sector are some of the key confronts. Skirmishing Child Labour & the attainment of EFA should be one the most desired & preferred Goals in Pakistan. So, Pakistani states requires comprehensive & inclusive efforts at all levels, i.e., individual, family, society & the states levels especially private sector & all other stakeholders should come forward on emergency basis to boost EFA & to remove the evil of Child Labour from the Pakistani society forever.
Linguistic Divide and The Fate of Regional Language(S) in Pakistani Education Systems: Evidence From Graduate Students
Authors: Amin Rooh Ul , Ahmed Fasih , Haidar Sham
Published: March 2022

This study investigates students’ perceptions about using English in education and its role in defining the fate of regional languages in Pakistan. Participants’ perceptions were recorded via a five-point Likert-type survey questionnaire. Data were collected from students at three public sector universities at Khyber Pakhtunkhwa and a public sector university at Islamabad, Pakistan through convenience sampling. Four hundred questionnaires were administered to the participants majoring in various disciplines in both social and natural sciences. Results show that on one hand, students prefer to be taught in English, whereas on the other, they have critical consciousness about the subtractive role of English in defining the role fate of regional languages in the linguistically stratified (English versus Urdu/vernacular medium) Pakistani education system. Students further advocate that maximum use of English in classrooms not only promise success in the school but also opens ways for future social upward mobility. Since sustenance of regional languages is equally important, this study has educational policies implication and suggestions for classroom practices practice suggests that both teachers and language in education policy makers take practical steps for ensuring maximum use of English in university classrooms.
Is Organizational Politics Destructive for Favorable Employee Outcomes? An Appraisal Using the Lens Of Organizational Identification
Authors: Rana Aiza Hussain , Riaz Amir , Mahmood Hafiz Zahid
Published: March 2022

The aim of this study was to investigate the relationship of employees’ perceptions of organizational politics with various employee outcomes (turnover intentions, employee engagement, job satisfaction and counterproductive work behaviors). Further, this study also hypothesized that employees’ organizational identification mediates the direct relationship between perceived organizational politics (POP) and employee outcomes. For the purpose of this study, data were collected from 678 faculty members working in the higher education institutes (HEIs) operating in Pakistan through self-administered questionnaire. Descriptive statistics, reliability analysis, correlation and regression analysis were applied for data analysis. Results revealed that POP was negatively related with job satisfaction, employee engagement and organizational identification whereas it was positively related with employee turnover intentions and counterproductive work behaviors. Further, organizational identification partially mediated all the four direct relationships between POP and employee outcomes. Results and implications of the study are discussed in the end.
Structural analysis of continuous beam using fem and ansys
Authors: Lam Thanh Quang Khai , Do Thi My Dung , Truong Van Bang
Published: March 2022

A number of methods were developed to analyze bending moment and shear force diagrams for multi-span continuous beams, including the three-moment equation, force method, displacement method, moment distribution method, and finite element method (FEM), etc. The FEM can solve many kinds of complex problems, many different types of loads, and different boundary conditions that cannot be solved by classical methods. Presently, with the advent of simulation software such as ANSYS, a software specialized in numerical simulation in structural analysis, has made the analysis of complex problems easier than other methods. In this paper, the authors have analyzed a three-span continuous beam using finite element method and ANSYS via GUI method and APDL parameters, this is a simple problem but here is the beginning to study more complex problems with ANSYS.
Modeling principal plate tectonic processes by sandbox experiments: tools for teaching at universities
Authors: Tran Thi Phuong Huyen
Published: March 2022

Analogue sand models have been used to reproduce the principle plate tectonic processes, providing the insight of plate tectonics in nature. A simple and versatile sandbox was built and used for the extension and compression experiments modelling principle plate tectonic such as plate divergence or convergence by stretching or compressing sand in a sandbox model. The glass sidewalls allow observing and analyzing the sequential development of faults and structures like normal fault, thrust fault, graben structure, fold and thrust belts, so on. The results can be correlated with geological structures in nature. In an educational context, students can perform the experiments and also vary experimental parameters such as sand layer thickness, geometry of the sandbody or use of different experimental materials. The obtained results are then compared with natural geological examples to improve the students’ receptivity. This indicates that sandbox experiments provide an effective means for teaching geology courses and also soil mechanics courses at universities.
Biodegradable polymer film based on pbat and cassava starch: research and preparation
Authors: Nguyen Quy An , Nguyen Chau Giang , Vu Thi Duyen , Vu Minh Duc
Published: March 2022

Thermoplastic starch compounds were prepared from cassava starch, glycerol, and tartaric acid by the twin-screw extruder. Fouriertransform infrared spectroscopy (FTIR) analysis demonstrated the formation of ester bonds during starch modification through absorption peaks at characteristic wavelengths of C=O bonding and C—O bonding. Biodegradable polymer were fabricated from thermoplastic starch (TPS) and polybutylene adipate terephthalate (PBAT) by the twin-screw extruder and then a blown film extrusion process. Scanning electron microscopy (SEM) images showed that when using modified thermoplastic starch (MTPS), the material showed a more homogeneous structure. Besides, this study also selected the optimal content of tartaric acid as a compatibilizer, screw speed, and talc powder content used in the blend when determining the tensile properties and melt flow index (MFI) of the material.
Dynamic analysis of the plate on multi-elastic-layer foundation under moving load
Authors: Nguyen The Tuan , Vu Dinh Huong
Published: March 2022

The dynamic respones of the plate under moving load is an open problem, it has been researched, developed in many majors of solidmechanics, particularly in transport construction. This article presents a methodology of finite element analysis and a solution of thepartial differential equation for the structure of the Kirchhoff plate on the multi-elastic-layer foundation bearing moving load. In which,the multi-elastic-layer foundation is described as the homogeneous Winkler foundation. The moving load with mass oscillates togetherwith the plate. The surveys have been studied in order to show the effects of parameters of foundation and load to the oscillation of the plate.
La perspective de l'akhisme sur la vie économique et sa comparaison avec le système capitaliste
Authors: Felix Hilaire
Published: March 2022

Le fait que les êtres humains, les êtres exceptionnels du monde, puissent maintenir leur vitalité dans la confiance et la prospérité dépend de son succès dans la production pour répondre à ses propres besoins, qui s'expriment largement sous forme économique, et de son comportement fondé sur la justice dans la consommation et la partage. En ce sens, il n'est clairement pas possible de réaliser le bien-être et le bonheur du monde avec le système capitaliste contenant la politique néo-libérale, qui prend pour seul objectif l'accumulation du capital en maximisant les profits sans aucune inquiétude éthique. Cependant, ce système capitaliste est toujours mis en œuvre comme un système économique sans alternative dans la majorité du monde. Par contre, dans l'akhisme dont les principes de base sont les valeurs islamiques, on peut voir que des principes beaucoup plus raisonnables sont adoptés tant au nom du bien-être général et de la paix de l'humanité, que dans le sens de la sensibilité à la environnement. Dans cet ouvrage, les deux systèmes seront comparés afin de promouvoir les fondements de la paix mondiale et la prospérité générale de l'humanité.
The political economy of the ‘residential rent relation’: Antagonism and tenant organising in the Irish rental sector
Authors: Byrne Michael
Published: March 2022

Homeownership is in decline in numerous countries, including the UK, USA, Spain and Ireland. So-called ‘generation rent’ is experiencing many of the issues associated with the ‘housing question’ as it was posed in the early twentieth century: exorbitant rents, frequent evictions and poor-quality accommodation. In response, tenants’ organisations have sprung up from Edinburgh to Madrid. This article seeks to contribute to understanding the politics of this transformation. It does so by, first, developing a theoretical approach to the political economy of what I will call the ‘residential rent relation’, i.e. the antagonism between the accumulation of capital/wealth and social reproduction which is inherent in the landlord-tenant relationship. Second, it sets out the particular forms of accumulation that characterize Ireland’s post-crisis housing system, which centre on the growth of the private rental sector. Third, it explores how these different forms of accumulation give rise to distinct forms of antagonism and resistance by discussing some of the tenant organising and activism that has arisen in Dublin over recent years.
Returning to the radical analysis of rent
Authors: Ward Callum
Published: March 2022

Book review: Land Rent, Housing and Urban Planning: A European Perspective, 1985, Ball, M., Edwards, M., Bentivegna, V. & Folin, M., eds. London: Routledge
The right to stay put: Resistance and organizing in the wake of changing housing policies in Sweden
Authors:   Allt åt alla Malmö, Gustafsson Jennie , Hellström Elof , Richard Åse , Springfeldt Scott
Published: March 2022

Tenants in Sweden increasingly face rising rents and displacement due to decades of ongoing housing deregulation. In this text, we explore different manifestations of these injustices, and reflect upon consequences and responses as they crystalize locally. By visiting the three cities of Stockholm, Malmö and Uppsala, we highlight three different examples of how tenants respond and formulate protests vis-a-vis privatization through tenure conversion (Stockholm), gentrification spurred by private rental actors (Malmö) and battles over green space and displacement in the rental housing stock (Uppsala). These vignettes exemplify how policy changes play out in different local settings and illustrate how resistance manifests itself on the ground.
Housing the elderly: Between crisis and resistance
Authors: Genz Carolin
Published: March 2022

Rising rents have a drastic impact on the everyday lives of older people. As pensions are fixed, elderly renters are faced with the constant fear of losing their home, which often also means losing their social community and self-determination. In my research, I am concerned with ways in which older people can be politically active in public spaces in order to raise awareness for their struggles with rising rents. I consider the conditions of political and embodied action (Arendt 1958; Butler 2011, 2018) and claim that, in times of rent struggles, the older female body, in particular, becomes a site of rent politics.
Being civil is not enough: On practices of citizenship of women living in poverty in Israel
Authors: Levy Gal , Kohan-Benlulu Riki
Published: March 2022

The public housing crisis became politically salient during and after the 2011 Tents Protest in Israel. Alongside demands from the young largely Jewish middle class to restore the economic order, many women in poverty took to the streets hoping to affect a change in the neoliberal course. This protest extended beyond the summer of 2011, and it was there where Gal the ‘researcher’ and Riki the ‘activist’ met. During our joint endeavour we wondered; how do women in poverty become activists and what incentivizes them to turn their personal struggle into a political collective act? This paper stems from our decision to bring together our respective knowledge and experience to the benefit of the struggle. Using life stories as our method we track the personal histories of women in poverty in order to better understand their journey away and towards home, and how the interpretation and conceptualization of their predicament has shaped their struggle. Theoretically, we employ the distinction offered by James Tully between civil/modern and civic/diverse modes of citizenship. By bringing the women’s voices to the fore and listening to what they say, we demonstrate first, how being disappointed by trailing the civil path to rights, they differ to the civic mode of citizenship; and, second, how by diversifying their forms of citizenship performance they re-constitute themselves as worthy, deserving citizens. We thus argue against common interpretations of people in poverty as irrational, apathetic and passive citizens, lacking the right(s) repertoire to fight against their social marginalization and being unworthy of their legal entitlements as citizens.
Dual burden of malnutrition in mother-child pairs of the same household: Effect of nutrition transition
Authors:   Dietetics and Applied Nutrition, Dept. of Allied Hospitality Studies, WGSHA, Manipal University, Manipal-576104, Karnataka, India, Garg Meenakshi , Jindal Shradha
Published: March 2022

This paper explores the dual form of malnutrition existing in the same household i.e. occurrence of both under-nutrition and overnutrition together and determining the adequacy of food consumption in mother-child pairs.30 mother-child pairs were included in the study. Nutritional status was assessed by WHO criterion. 50% of mothers were aged between 25-30 years, 36.7% had graduated. The prevalence of overweight mothers-underweight child pair was found to be 23%. Significant difference was reported between the intake adequacy of cereals, vegetables, fats and oils, carbohydrate, invisible fat, visible fat, total fat and fiber, among the mother-child pairs. Also MAR (Mean Adequacy Ratio) of nutrients revealed that mothers had significantly better nutritional adequacy than children (p=0.01). Therefore, mothers had a better nutritional status when compared with children. Dual form of malnutrition exists within the same household and the food intake adequacy of the child is influenced by mother’s food intake. Key words: malnutrition, dual-burden, mother-child pair, nutrient adequacy, nutrition transition
A Scoping Review of Teacher Training During COVID-19 Pandemic
Authors: An Bao Guo , Zakaria Abd Razak
Published: March 2022

In comparison with other sectors, the education sector was most visibly impacted by the negative effects of the COVID-19 pandemic, necessitating the adoption of effective strategies by teachers and teacher educators in order to minimize the negative effects of school closure on student learning within in a short period of time. This paper attempts to review the literature on the training of in-service and pre-service teachers during the COVID-19 pandemic in order to help guide relevant researchers in conducting more in-depth academic research, and to remind educational institutions and individuals of the need to take the most recent social issues into account when designing teacher training programs.