Academic literature on the topic 'Hard law'

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Journal articles on the topic "Hard law"

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Lasinski-Sulecki, Krzysztof. "Is Soft Law Making Hard Law Too Hard?" Global Trade and Customs Journal 17, Issue 4 (2022): 171–76. http://dx.doi.org/10.54648/gtcj2022022.

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Soft laws are created for many reasons to serve various purposes. This article focuses on acts of soft law that are adopted to facilitate the process of applying hard law (or complying with it) and to standardize the understanding of international agreements. In the field of customs law, one can point, for instance, to opinions adopted by the World Customs Organisation. The Organisation for Economic Co-operation and Development (the OECD) Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations and the Commentary to the OECD Model Tax Convention on Income and on Capita
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Ryan, Cheyney. "The Hard Hand of War." Law and Philosophy 37, no. 3 (2017): 269–87. http://dx.doi.org/10.1007/s10982-017-9319-z.

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Weber, Rolf. "Overcoming the hard law/soft law dichotomy in times of (financial) crises." Journal of Governance and Regulation 1, no. 1 (2012): 8–14. http://dx.doi.org/10.22495/jgr_v1_i1_p1.

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Traditional legal doctrine calls for hard law to regulate markets. Nevertheless, in financial markets, soft law has a long tradition, not at least due to the lack of multilateral agreements in this field. On the one hand, the recent financial crisis has shown that soft law does not suffice to avoid detrimental developments; on the other hand, a straight call for hard law would not be able to manage the recognized regulatory weaknesses. Therefore, emphasis should be put on the possibilities of combining hard law and soft law; specific areas allowing realizing such kind of “combination” are orga
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Schneider, Carl E. "At Law: Hard Cases." Hastings Center Report 28, no. 2 (1998): 24. http://dx.doi.org/10.2307/3527568.

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Zhao, Lijun. "Soft or Hard Law." International Organizations Law Review 11, no. 1 (2014): 172–227. http://dx.doi.org/10.1163/15723747-01101006.

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Historically, international regimes regulating maritime transport have aimed to develop uniform rules. However, these rules are relatively static and have been implemented differently based on different national understandings in a de-centralised, State-based manner. This article argues that greater global uniformity in maritime transport rules could be achieved through the framework of the World Trade Organization (‘wto’). The wto could update these rules dynamically, and could also enforce them. A wto-based negotiating forum could generate substantive, uniform seaborne cargo rules in two way
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Craig, Elizabeth. "From soft to hard law?" Focaal 2010, no. 56 (2010): 35–48. http://dx.doi.org/10.3167/fcl.2010.560103.

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This article explores the use of soft law by those involved in the drafting of a Bill of Rights for Northern Ireland, drawing in particular on the author's experiences as legal adviser to the Culture, Identity, and Language Working Group of the Northern Ireland Bill of Rights Forum. The article reflects on the extent to which the Council of Europe's Framework Convention for the Protection of National Minorities 1995 and other relevant international instruments can be considered as forms of international soft law. It then highlights controversies that have arisen in debates over the content and
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Ferguson, Lucinda. "Hard divorces make bad law." Journal of Social Welfare and Family Law 39, no. 3 (2017): 364–67. http://dx.doi.org/10.1080/09649069.2017.1344398.

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Molloy, T., and T. Graham. "Hard cases and bad law." Trusts & Trustees 17, no. 9 (2011): 803–6. http://dx.doi.org/10.1093/tandt/ttr126.

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Brazier, M. "Hard cases make bad law?" Journal of Medical Ethics 23, no. 6 (1997): 341–43. http://dx.doi.org/10.1136/jme.23.6.341.

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Maclean, Mavis. "Family law in hard times." Journal of Social Welfare and Family Law 33, no. 4 (2011): 309–10. http://dx.doi.org/10.1080/09649069.2011.632882.

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Dissertations / Theses on the topic "Hard law"

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Glahn, Jason C. "Is hard positivism too hard to swallow? /." free to MU campus, to others for purchase, 2004. http://wwwlib.umi.com/cr/mo/fullcit?p1426061.

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Genneby, Johan. "Hard Decisons, Soft Laws : Exploring the authority and the political impact of soft law in international law." Thesis, Linköping University, Department of Management and Economics, 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-1864.

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<p>The question of whether there is soft law in international law has been as much the subject of contemporary debate as whether or not there is private legal authority in the international society. The legal boundaries seem to be blurred by the process of globalisation and the recent shift in international law. The traditional definition of international law has been outdated as new forms of treaties has introduced new subject of law to the judicial arena. At the same time a supplementary map of law has been added to the cartography of international law, soft law. These correlating processes
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Borges, Daniel Moura. "A declaração universal dos direitos dos animais: sua aplicação enquanto soft law e hard law." Faculdade de Direito, 2015. http://repositorio.ufba.br/ri/handle/ri/18719.

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Submitted by Ana Valéria de Jesus Moura (anavaleria_131@hotmail.com) on 2016-03-14T16:28:54Z No. of bitstreams: 1 DANIEL MOURA BORGES.pdf: 1177143 bytes, checksum: 20be1d1f1e3e8d34f637d2e0e06e4ad2 (MD5)<br>Approved for entry into archive by Ana Valéria de Jesus Moura (anavaleria_131@hotmail.com) on 2016-03-14T16:30:02Z (GMT) No. of bitstreams: 1 DANIEL MOURA BORGES.pdf: 1177143 bytes, checksum: 20be1d1f1e3e8d34f637d2e0e06e4ad2 (MD5)<br>Made available in DSpace on 2016-03-14T16:30:02Z (GMT). No. of bitstreams: 1 DANIEL MOURA BORGES.pdf: 1177143 bytes, checksum: 20be1d1f1e3e8d34f637d2e0e06e4
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Seeruthun-Kowalczyk, Mariola. "Hard law and soft law interactions in EU corporate tax regulation : exploration and lessons for the future." Thesis, University of Edinburgh, 2012. http://hdl.handle.net/1842/6409.

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The EU regulatory framework for direct taxation is composed of three interconnected elements. First, having satisfied the requirement of a unanimous vote, the EU adopted a range of directives on the basis of the general harmonisation provision (Article 115 TFEU). Therefore, a traditional hard law framework harmonising some aspects of direct taxation exists in the EU. Second, case law is an indirect method of exerting influence on the direct tax field. As long as no positive integration has been brought about, the Member States are free to regulate this sphere as they see fit. The boundaries of
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Midjord, Rune <1978&gt. "Essays on persuasion games with hard evidence." Doctoral thesis, Università Ca' Foscari Venezia, 2010. http://hdl.handle.net/10579/948.

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The thesis consists of three chapters. In the first chapter we study a communicationgame played by three agents with conflicting and state independent preferences. Each possible outcome of the game uniquely corresponds to a state of the world. The objective is to construct an outcome function(mechanism) that provides the agents with incentives to take actions so that the "true" outcome is implemented. Without any hard evidence in the model communication is worthless. However, if let the agents receive evidence to prove the state with infinitesimal probability we are able to induce truthful imp
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FELD, Leonard. "From soft law to hard law : the concept and regulation of human rights due diligence in the EU legal context." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/74341.

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Defence date: 14 March 2022<br>Examining Board: Professor Stefan Grundmann (Humboldt University Berlin); Professor Mathias Siems (European University Institute); Professor Karin Buhmann (Copenhagen Business School); Professor Robert McCorquodale (University of Nottingham)<br>This dissertation examines the concept of human rights due diligence (HRDD) under international soft law and its transposition into business regulation, with a particular focus on the European Union context. It traces the evolution of HRDD – starting from the work of the United Nations to the recent contributions of the Or
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Hewitt, Steven R. "Old myths die hard the transformation of the Mounted Police in Alberta and Saskatchewan, 1914-1939 /." Ottawa : Library and Archives Canada, 1998. http://www.nlc-bnc.ca/obj/s4/f2/dsk3/ftp04/nq23937.pdf.

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Mota, Ana Rita Carreira Agostinho. "#DefendTheSacred : harnessing hard and soft law mechanisms to integrate international investment and cultural rights." Thesis, King's College London (University of London), 2018. https://kclpure.kcl.ac.uk/portal/en/theses/defendthesacred(c3bd9f9a-fb33-4630-981f-5d825401fca8).html.

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This research focuses on the relationship between international investment and cultural rights, ultimately seeking to determine how to reconcile investor protection with the need to protect and promote the cultural rights of vulnerable stakeholders, such as indigenous peoples. Cultural rights, which are closely connected to the principles of human dignity and sustainable development, have attracted the attention of academics and policy-makers in recent decades, but are still far from receiving the attention and recognition that they deserve. Conversely, international investment law is much mor
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Cleridou, Christiana. "Female voices in hard and soft law : the case of equal pay in Cyprus." Thesis, University of Bristol, 2017. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.743013.

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Hewitt, Steven R. "Old myths die hard, the transformation of the Mounted Police in Alberta and Saskatchewan, 1914-1939." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq23937.pdf.

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Books on the topic "Hard law"

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1946-, Heffernan William C., and Stroup Timothy, eds. Police ethics: Hard choices in law enforcement. J. Jay Press, 1985.

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1954-, McElfish James M., and Environmental Law Institute, eds. Hard rock mining: State approaches to environmental protection. Environmental Law Institute, 1996.

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C, Knolton Cristina, ed. Hard-nosed advice from a cranky law professor: How to succeed in law school. Carolina Academic Press, 2010.

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Zaring, David. Informal procedure, hard and soft, in international administration. Institute for International Law and Justice, New York University School of Law, 2004.

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Gilbert, V. K. A hard act to follow: Notes on Ontario school law. Guidance Centre, Faculty of Education, University of Toronto, 1985.

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Gilbert, Vernon Keith. A hard act to follow: Notes on Ontario school law. OISE Press-Guidance Centre, the Ontario Institute for Studies in Education, 1989.

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Lebovits, Moishe Dovid. Halachically speaking: Hard-to-find halacha for everyday living. Moshe David Lebovits, 2008.

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Stephanopoulos, George. Readings materials for hard choices in international politics. Faculty of Law, University of Toronto, 1999.

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Institute, Pennsylvania Bar, ed. Business divorce: Breaking up is hard to do. Pennsylvania Bar Institute, 2004.

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Stephanopoulos, George. Readings materials for hard choices in international politics. Faculty of Law, University of Toronto, 1999.

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Book chapters on the topic "Hard law"

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Zajc, Katarina. "Hard Law." In Encyclopedia of Law and Economics. Springer New York, 2019. http://dx.doi.org/10.1007/978-1-4614-7753-2_224.

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Zajc, Katarina. "Hard Law." In Encyclopedia of Law and Economics. Springer New York, 2016. http://dx.doi.org/10.1007/978-1-4614-7883-6_224-1.

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O’Callaghan, Patrick. "Comparing Hard Cases." In Refining Privacy in Tort Law. Springer Berlin Heidelberg, 2012. http://dx.doi.org/10.1007/978-3-642-31884-9_4.

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Caplan, Arthur L. "Hard Cases Make Bad Law." In Compelled Compassion. Humana Press, 1992. http://dx.doi.org/10.1007/978-1-4612-0409-1_4.

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Martin, Kathleen Callanan. "Political Economy and the New Poor Law." In Hard and Unreal Advice. Palgrave Macmillan UK, 2008. http://dx.doi.org/10.1057/9780230594050_4.

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Yanaga, Masao. "Standards and Statutes: ‘Soft’ Law and ‘Hard’ Law." In Cybernics. Springer Japan, 2014. http://dx.doi.org/10.1007/978-4-431-54159-2_16.

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Úbeda de Torres, Amaya. "Between soft and hard law standards." In Electoral Rights in Europe. Routledge, 2017. http://dx.doi.org/10.4324/9781315470498-3.

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Vihma, Antto. "Analyzing Soft Law and Hard Law in Climate Change." In Climate Change and the Law. Springer Netherlands, 2012. http://dx.doi.org/10.1007/978-94-007-5440-9_7.

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Zygmunt-Gruszka, Tomasz. "Intuition and judicial morality in hard cases1." In Practice Theory and Law. Routledge, 2024. http://dx.doi.org/10.4324/9781003428794-15.

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Pochet, Philippe. "Social Europe: Why Hard Law Remains Important." In The 'Community Method'. Palgrave Macmillan UK, 2011. http://dx.doi.org/10.1057/9780230305670_10.

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Conference papers on the topic "Hard law"

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Kosel, T. H., and S. S. Aptekar. "Effect of Hard Second-Phase Particles on the Erosion Resistance of Model Alloys." In CORROSION 1986. NACE International, 1986. https://doi.org/10.5006/c1986-86113.

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Abstract The dependence of erosion rate on second-phase volume fraction (SPVF) has been studied for Cu/Al2O3 and Cu/WC(W2C) model alloys produced by pressing and sintering. The intention of the study was to investigate the reasons for the poor contribution to erosion resistance made by large hard second-phase particles (SPP) in other studies. The results show that for the Cu/Al2O3 alloys, the erosion rate generally increased with SPVF, demonstrating a negative contribution to erosion resistance. This occurred despite the fact that the measured erosion rate of monolithic Al2O3 was lower by one
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Rosanova, Giuseppe. "IL RUOLO DELLE ALTERNATIVE DISPUTES RESOLUTION NEL FRAMEWORK ENERGETICO EUROPEO." In 11th SWS International Scientific Conferences on SOCIAL SCIENCES - ISCSS 2024. SGEM WORLD SCIENCE, 2024. https://doi.org/10.35603/sws.iscss.2024/vs02/20.

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The final frontier of European transitional energy law must be found in the introduction of a balanced and efficient system of climate and energy justice. The stratification, over time, of multiple rules in European Union law, both soft law and hard law, has, on the one hand, ensured legal certainty and regulation of the various aspects of the matter but, on the other hand, risks increasing litigation between the players in this field exponentially. The significant increase in the number of regulations governing the various aspects of the �energy community� entails the need to raise the level
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Rahman, A. T. Am Sadiqur, and Amritpal Kaur. "Scope of Environmental Harm As A Crime Under International Criminal Law." In 2024 15th International Conference on Computing Communication and Networking Technologies (ICCCNT). IEEE, 2024. http://dx.doi.org/10.1109/icccnt61001.2024.10725263.

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Weiner, S. S. "Reasoning about 'hard' cases in Talmudic law." In the first international conference. ACM Press, 1987. http://dx.doi.org/10.1145/41735.41760.

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Kiyavitskaya, Nadzeya, Alžbeta Krausová, and Nicola Zannone. "Why Eliciting and Managing Legal Requirements Is Hard." In 2008 Requirements Engineering and Law (RELAW). IEEE, 2008. http://dx.doi.org/10.1109/relaw.2008.10.

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Korbayram, Azam, and Elif Hoca. "The Methods of Hard Power and Soft Power in International Law." In 9th International Scientific Conference ERAZ - Knowledge Based Sustainable Development. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2023. http://dx.doi.org/10.31410/eraz.2023.543.

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After the catastrophic and devastating consequences of World War II, which shook the whole world, the UN was established, one of the main goals of which was to establish the legal framework of the basic prin­ciples for the use of military force and military intervention. Namely, for the preservation of collective security, the Charter of the organization itself and numerous conventions strictly prohibit war and the use of force between the subjects of international law. In that context, various steps have been taken and binding prohibitions on the use of force have been introduced. The mo­tive
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López, Nuria. "Soft science, hard puzzle: can we handle John Roemer´s Justice algorithm?" In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws96_02.

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Dupont, Valérie. "The role of soft law vs hard law instruments in the enforcement of biodiversity offsets and their impacts on stakeholders." In 5th European Congress of Conservation Biology. Jyvaskyla University Open Science Centre, 2018. http://dx.doi.org/10.17011/conference/eccb2018/107565.

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Li, Ange, Xinbo Ai, Guangsheng Liu, and Wenbin Luo. "KeySim-FLMacBERT: A Law Recommendation Algorithm for Hard Example Mining in Work Safety." In 2024 IEEE 14th International Conference on Electronics Information and Emergency Communication (ICEIEC). IEEE, 2024. http://dx.doi.org/10.1109/iceiec61773.2024.10561842.

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Churilov, A. Y. "The Role of Hard and Soft Law in Securing Sustainable Investment in the Russian Federation." In International scientific and practical conference “Smart cities and sustainable development of regions” (SMARTGREENS 2024). Crossref, 2025. https://doi.org/10.63550/iceip.2025.1.1.117.

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This article examines the complex relationship between sustainable development, climate change, and the evolving landscape of investment, particularly through the lens of ESG (Environmental, Social, and Governance) principles. With an emphasis on the legal frameworks and soft law practices that govern sustainable investment, the study highlights the pivotal role of incorporating ESG factors into corporate governance and investment decision-making to foster environmental sustainability and social equity. It examines the legislative acts at both global and national levels, with a specific focus
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Reports on the topic "Hard law"

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Gonçalves, Maria Eduarda, and Inês Gameiro. Hard Law, Soft Law and Self-regulation: Seeking Better Governance for Science and Technology in the EU. DINÂMIA'CET-IUL, 2011. http://dx.doi.org/10.7749/dinamiacet-iul.wp.2011.18.

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Prisacariu, Roxana. Roma right to effective participation in public affairs – between soft and hard law. IFF, 2015. http://dx.doi.org/10.51363/unifr.diff.2015.03.

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Van Doorn, Rijk, and Paula Fernandes Veloso. Report on the use of legal frameworks for ocean observing systems. EuroSea, 2023. http://dx.doi.org/10.3289/eurosea_d1.7.

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Several legal frameworks exist that are important for states conducting ocean observing activities or for which it would be relevant to include the necessity of ocean observing activities and development of ocean information products. Existing hard and soft law frameworks and mechanisms will be analysed to enable adequate adaptation of ocean observing system design at a regional and global level, with a focus on supporting sustained ocean observing and fit-for-purpose ocean information products.
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Shah, Sikandar. Chris Voss: How to Succeed at Hard Conversations | Huberman Lab Podcast. ResearchHub Technologies, Inc., 2023. http://dx.doi.org/10.55277/researchhub.60w6dvae.

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Lai, Eric. Will Hong Kong's National Security Law safeguard or harm its citizens? East Asia Forum, 2024. http://dx.doi.org/10.59425/eabc.1704578450.

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Megersa, Kelbesa. Tax Transparency for an Effective Tax System. Institute of Development Studies (IDS), 2021. http://dx.doi.org/10.19088/k4d.2021.070.

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This rapid review examines evidence on the transparency in the tax system and its benefits; e.g. rising revenue, strengthen citizen/state relationship, and rule of law. Improvements in tax transparency can help in strengthening public finances in developing countries that are adversely affected by COVID-19. The current context (i.e. a global pandemic, widespread economic slowdown/recessions, and declining tax revenues) engenders the urgency of improving domestic resource mobilisation (DRM) and the fight against illicit financial flows (IFFs). Even before the advent of COVID-19, developing coun
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Winick, Herman. Extending the Range of a Low Energy SR-Source to Hard X-rays. Office of Scientific and Technical Information (OSTI), 1999. http://dx.doi.org/10.2172/10205.

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Wen, Hefei, Jason Hockenberry, and Janet Cummings. The Effect of Medical Marijuana Laws on Marijuana, Alcohol, and Hard Drug Use. National Bureau of Economic Research, 2014. http://dx.doi.org/10.3386/w20085.

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Swaminathan, Vishnu, and Krishnendu Chakrabarty. Investigating the Effect of Voltage-Switching on Low-Energy Task Scheduling in Hard Real-Time Systems. Defense Technical Information Center, 2005. http://dx.doi.org/10.21236/ada440180.

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Pritchett, Lant, and Martina Viarengo. Learning Outcomes in Developing Countries: Four Hard Lessons from PISA-D. Research on Improving Systems of Education (RISE), 2021. http://dx.doi.org/10.35489/bsg-rise-wp_2021/069.

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The learning crisis in developing countries is increasingly acknowledged (World Bank, 2018). The UN’s Sustainable Development Goals (SDG) include goals and targets for universal learning and the World Bank has adopted a goal of eliminating learning poverty. We use student level PISA-D results for seven countries (Cambodia, Ecuador, Guatemala, Honduras, Paraguay, Senegal, and Zambia) to examine inequality in learning outcomes at the global, country, and student level for public school students. We examine learning inequality using five dimensions of potential social disadvantage measured in PIS
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