Academic literature on the topic 'Limitations of parties' autonomy'
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Journal articles on the topic "Limitations of parties' autonomy"
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Ryšavý, Lukáš. "The Autonomy of the Parties’ Free Will and Its Limits When Selecting an Arbitrator." International and Comparative Law Review 17, no. 2 (December 20, 2017): 111–25. http://dx.doi.org/10.2478/iclr-2018-0018.
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Summary The party autonomy, known as one of the basic principles in private law, is one of the fundamental pillars of arbitration and one of the fundamental differences between the arbitration procedure and the proceeding before the ordinary courts. Although a wide degree of party autonomy is provided to the parties in arbitration, this “freedom” is not boundless and is limited by a number of different limitations. This article point out limitations and diversity of national regulations in the matter of appointment of arbitrator.
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Batsura, Mikhail. "Limits to Party Autonomy in Appointing Counsel in International Commercial Arbitration." Journal of International Arbitration 38, Issue 5 (October 1, 2021): 671–98. http://dx.doi.org/10.54648/joia2021032.
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The right of a party to appoint its own counsel is an integral aspect of party autonomy and one of the fundamental rights enjoyed by the parties in international arbitration. However, party autonomy is not absolute and has its limitations. This article discusses whether the parties are free to appoint their legal counsel or face any applicable restrictions when making such appointment. The article invites a discussion on an existence of the immutability principle in international commercial arbitration and its tension with party autonomy in the selection of legal counsel (if any). Finally, the article proposes possible solutions for regulation of a party’s right to appoint a counsel of choice. international commercial arbitration, party autonomy, due process, right to appoint a counsel, arbitral tribunal, immutability principle, inherent powers, IBA Guidelines on Party Representation in International Arbitration, LCIA Rules: General Guidelines for the Authorised Representatives of the Parties, disqualificationMikhail Batsura
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Dickson, Moses Oruaze. "Party autonomy and justice in international commercial arbitration." International Journal of Law and Management 60, no. 1 (February 12, 2018): 114–34. http://dx.doi.org/10.1108/ijlma-12-2016-0184.
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Purpose Party autonomy is a core tenet of the arbitral process which bestows certain contractual freedoms upon the disputing parties. This paper aims to utilise both doctrinal analysis and theoretical conceptualisation to examine the principle of party autonomy in international commercial arbitration. It examines the extent to which certain exceptions to this principle, such as public policy and natural justice, where autonomy impedes on matters of justice and delocalisation, have restricted the principle in practice. Design/methodology/approach Party autonomy is a core tenet of the arbitral process, which bestows certain contractual freedoms upon the disputing parties. However, in spite of its appeal as an unfettered right, it has been challenged by an array of exceptions that have rendered it largely unqualified in international commercial arbitration. This paper utilises both doctrinal analysis and theoretical conceptualisation to examine the principle of party autonomy in international commercial arbitration. It examines the extent to which certain exceptions to this principle, such as public policy and natural justice, where autonomy impedes on matters of justice and delocalisation, have restricted the principle in practice. Furthermore, approaches to party autonomy in two distinct legal systems, the Common law system in England and Sharia law in Saudi Arabia, are examined to ascertain the extent to which party autonomy has been hindered by these exceptions. Findings Arbitration continued to grow throughout the forgone centuries, with key philosophers, such as Aristotle, advocating the advantages of arbitration over litigation. In addition, the emergence of party autonomy occurred in the sixteenth century, with Dumoulin proposing that the parties’ will in contracts is sovereign. Thus, party autonomy began to develop into a significant aspect of contract law, which plays a pivotal role in arbitration. This is because the principle has its roots in the autonomous will of the parties to conduct the arbitral process as they wish. The paper explored the debate regarding party autonomy and its development into the contemporary world of arbitration. It examined its origins and how it has grown into the core fabric of arbitration today. Emphasis was provided in relation to the nature of the principle, which was highly relevant to the debate. This is because it is vital to appreciate issues such as freedom of contract to have a deeper insight into the principle and what it entails. The limitations of party autonomy were extensively examined, and the public policy exception was found to construe narrowly by a vast number of States. As a result, it was suggested that the exception should be more than merely a theoretical defence. Thus, it should be exercised where enforcement of an arbitral award would disregard unjust or improper results. Furthermore, the natural justice principle was observed as a double-edged sword that protected the parties in the arbitral process. However, it also hampered the effectiveness of party autonomy by impeding upon the parties’ freedom to contract, which ultimately limited the principle. Thus, it is concluded that the principle of party autonomy is not absolute. While it would be desirable if it was, certain issues cannot be resolved so easily. Limitations to party autonomy have existed since its inception and are most likely to continue. Although this is not the ideal situation for proponents of autonomy, it nevertheless appears to be the case. However, it is proposed that limitations to party autonomy should be chipped away as much as possible. This would enable the autonomy of the parties to be upheld at a much higher rate. Originality/value This paper utilises both doctrinal analysis and theoretical conceptualisation to examine the principle of party autonomy in international commercial arbitration. Secondary sources were also used.
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van Schagen, Esther. "Source of Concern or Room for Experimentation?" European Journal of Comparative Law and Governance 3, no. 2 (June 1, 2016): 187–223. http://dx.doi.org/10.1163/22134514-00302001.
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State actors increasingly involve private parties in the development of binding alternative regulation in private law. This involvement may be welcomed as an exercise of parties’ rights, but private parties may simultaneously limit other parties’ rights. Consequently, state actors have sought to control the influence of private parties particularly in the German legal order, where the constitutional principle of private autonomy is interpreted so as to require the protection of weaker private parties from Fremdbestimmung (hetero-determination) coming from structurally much more powerful private parties. In comparison, while Dutch law generally recognizes principles of private autonomy and the need to protect parties from heterodetermination (‘heteronomie’), so far this has not permeated the Dutch discussion on alternative regulation. The idea of hetero-determination may serve as a starting point for a more active and consistent approach towards the development and limitation of alternative regulation in the Dutch legal order.
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Chalkey, Katherine, and Martin Green. "In the context of mediation, is safeguarding mediator neutrality and party autonomy more important than ensuring a fair settlement?" International Journal of Law in the Built Environment 8, no. 2 (July 11, 2016): 161–75. http://dx.doi.org/10.1108/ijlbe-10-2015-0016.
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Purpose This paper aims to explore the appropriate role and approach of mediators and investigate whether mediator neutrality and party autonomy should prevail over mediators’ obligations to remain neutral where non-intervention would result in unfair settlements. Design/methodology/approach The paper arises from polarising and paradoxical opinions of the legitimacy of mediator intervention. This paper relies upon theories proposed in peer-reviewed journals, together with secondary data. Findings Mediator neutrality has no consistent or comprehensible meaning and is not capable of coherent application. Requirements for mediator neutrality encourage covert influencing tactics by mediators which itself threatens party autonomy. Mediator intervention ensures ethical and moral implementation of justice, removal of epistemological implications of subjective fairness and compensation for lack of pure procedural justice in the mediation process. Party autonomy requires mediators to intervene ensuring parties adequately informed of the law and equal balance of power. Research limitations/implications Peer-reviewed journals and secondary data give meaningful insight into perceptions, opinions and beliefs concerning mediator neutrality, party autonomy and fair outcomes. These data comprised unstructured-interviews and questionnaires containing “open-ended” questions. Practical implications Mediator neutrality and party autonomy are less important than fair settlements. Social implications Mediator neutrality should be given a contextual meaning; mediation should be more transparent affording the parties opportunity to select a particular type of mediator; transformative and narrative approaches to mediation should be further developed. Originality/value This paper exposes the myth of mediator neutrality – a popular concept demanded by and anticipated by the parties but which is practically impossible to deliver. It also shows the need for mediator intervention to ensure a fair outcome.
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Leikin, Eric, and Clemens Treichl. "Pick Your President: Why and How Parties Should Seek to Agree on a Presiding Arbitrator." Arbitration International 37, no. 1 (March 1, 2021): 121–52. http://dx.doi.org/10.1093/arbint/aiab006.
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Abstract It is common wisdom that selecting a suitable presiding arbitrator is vital to securing efficient proceedings and a high-quality award. As a corollary of party autonomy, the parties’ right to choose their arbitrators is subject only to few limitations, yet relatively little guidance exists for parties attempting to jointly choose the arbitral president in a structured and efficient way. This article seeks to expand on the limited guidance available. It begins by briefly examining the underlying legal framework and setting out various objectives that can serve as a yardstick in fashioning a procedure for selecting presiding arbitrators. This general analysis is followed by a proposal of a concrete, standard ‘list’ procedure which is easily adaptable to different arbitration settings and case configurations.
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Ali, Moh, and Agus Yudha Hernoko. "Characteristics of Party autonomy in a Transnational Electronic Consumer Contract." Yuridika 35, no. 1 (October 21, 2019): 55. http://dx.doi.org/10.20473/ydk.v35i1.15105.
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International contracts involving legal subjects between countries will affect the law chosen by the parties. Electronic contracts are different than conventional contracts in general. Prominent characteristics includevirtual, paperless and borderless. Determination of legal choices cannot be made with a link-point approach that is generally applicable to conventional transactions. The typical e-commerce characteristics should be special treatment for special contracts. The virtual nature that knows no national borders is difficult to determine in which country the legal event takes place. Paperless nature often overrides accuracy in transactions, especially with regard to legal choice clauses and forum choices.In addition, another character is that electronic transactions are made in standard form and are arranged for the purpose of take or leave it. Generally, business actors have determined the choice of law and the choice of the forum. Electronic contracts place consumers in a weak bargaining position (the weaker party). There are active limitations in determining the legal choice clause, causing consumers not to have an unequal bargaining power, giving rise to a fundamental paradigm shift in the principle of freedom of contract from "party autonomy" to "one-sided autonomy". On this basis, the need for state intervention to provide legal protection in the form of mandatory regulations as an exception to the contractual principle that is absolute becomes relative, namely that the applicable law is not mutatis mutandis law that is chosen by the parties but the law where habitual residence is.
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Talpis, Jeffrey A. "Dispute Prevention and Dispute Resolution Post NAFTA: Choice of Law and Forum Selection Clauses." Revue générale de droit 26, no. 1 (March 29, 2016): 27–68. http://dx.doi.org/10.7202/1035847ar.
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The following article describes the extent to which private parties to an international transaction in the free trade area may avoid disputes as to the law applicable to the contract and as to the court that would have the jurisdictional competency to hear disputes arising therefrom. As the study demonstrates serious limitations to the effectiveness of party autonomy, the author concludes that Government intervention is necessary to ensure a more favourable framework for international commercial transactions within the free trade area. The author also examines the growing use of alternative methods to resolve international disputes and makes a certain number of recommendations to improve and increase their use.
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Story, Jonathan. "Les politiques ouest-européennes et le dollar : Dépendance nationale ou autonomie régionale." Études internationales 14, no. 4 (April 12, 2005): 683–744. http://dx.doi.org/10.7202/701579ar.
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The lack of autonomy of Western European states, that is, the limitations which they confront in terms of translating their policy preferences into authoritative actions, cannot be considered solely in terms of idiosyncratic domestic political institutions and cultures, or as the result of greater sensibility and vulnerability to interdependence through the flow of goods, capital and technology. The argument develops around the generalisation that during the period of "détente" from 1965 to 1979, the United States, as the world central bank, inflated the world political economy ; thereafter, the questioning of détente accompanied a United States-led policy of world deflation. European politics, in a variety of intricate ways, followed the rythm set by the United States, with a period of state policy activism in the late 1960s to mid-1970s followed by more sceptical attitudes by public officials, supported by conservative or liberal parties, on the limitations of state action. But while it could be argued that the autonomy of OECD European states was strictly limited in economic policy by the integration of national into European and world markets, it is also demonstratable that the most sensitive of these markets - the world financial markets - are most susceptible to state policy, particularly that of the United States. In turn, the influence exerted on government preferences by world financial markets has grown to such an extent that by 1983, Western European governments are all aligning priorities on what are taken to be market criteria. If fact, they are aligning their priorities on the preferences of the great powers in a period of heightened international tension. Thus, the lack of autonomy of Western European states is of political origin: their subordination through lack of continued regional autonomy in defense and finance. Implicitly, this article suggests a move in Western Europe to a confederal armed force and a European Reserve Bank, as the precondition for a revitalised Atlantic alliance.
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KNIEPER, ROLF. "Das konzept der handlungsfreiheit im ukrainischen und deutschen zivilrecht." Право України, no. 2019/02 (2019): 60. http://dx.doi.org/10.33498/louu-2019-02-060.
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The article focuses on researching into freedom of action and freedom of contract in civil law of Ukraine and civil law of the Federal Republic of Germany. The author makes a detailed study of the provisions of civil legislation of Ukraine, namely Articles 6 and 627 of the Civil Code of Ukraine (Ukraine’s CC) which define the essence of the principle of freedom of contract. It is established that the only limits of freedom of contract are peremptory norms which may establish special requirements in respect of the parties to particular contractual relations, and also restrictions ensuing from the need to respect the rights and interests of third parties, as well as public order. Based on the findings of the research, the author draws the conclusion that freedom of action is wider than freedom of contract, since it also covers, for example, unilateral legal transactions, such as freedom to establish the will and etc. At the same time, “freedom of contract” refers to a range of potential opportunities of the parties to particular contractual relations. The author asserts that in terms of the issues under research German civil law has no fundamental differences from Ukrainian civil law. It is noted that freedom of action and freedom of contract, and also their limitations prescribed by the German Civil Code (BGB) are generalized by the concept of private autonomy (as a rule, it is a component of free development of an individual and general freedom of action). At the same time, the author believes that in the German Civil Code there is no equivalent to Articles 6 and 627 of Ukraine’s CC, since BGB does not contain any provisions defining the principles and limits of freedom of contract, freedom of action and private autonomy. An attempt is made to present the juridical, historical and legal philosophical prerequisites of private freedom of action and private autonomy, and also the dangers which threaten them with digitalization. The author believes that the objective of finding implementation of subjective freedoms in private autonomy of civil law, at the same time discarding any reflections on efficiency, is inconsistent with the current state of development of society and the legal system. Particular attention within the framework of private-law regulation is given to the category of “efficiency”. The author notes that currently there is a trend towards perception by the scientific community, the legislator and judicial authorities of the basic provisions of the doctrine which is referred to as “economic analysis of law”. In the author’s opinion, objectivity and development of the concept of reasonable participant to legal relations which lawyers and judicial authorities base their own rational ideas on, do not contradict the foundations of private autonomy. Particular attention is given to development of smart-contracts, which the author believes to help the participants to civil relations to get rid of distrust of the counterparty, and also to avoid the insecurity of subjective rights and interests, information asymmetry, and etc. The article provides a review of the legal nature of the smart-contract, its characteristics and specific features. The author notes the rapid development of the blockchain technology and analyzes its impact on the development of civil law.
Dissertations / Theses on the topic "Limitations of parties' autonomy"
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Anthony, John. "The justfiable limitations of patient autonomy in contemporary South African medical practice." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/2859.
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Thesis (MPhil (Philosophy))--University of Stellenbosch, 2009.ABSTRACT: The European Enlightenment secured man’s freedom from doctrinal thought. Scientific progress and technological innovation flourished in the 18th Century, radically changing the lives of all. Man’s mastery and transformation of his environment was matched by revolutionary political reform, resulting in the dissolution of empire and the transfer of power into the hands of the people. Social transformation saw the city-states of pre-modern man supplanted by a globalized community whose existence grew from time and space distantiation facilitated by the new technologies and the development of symbolic forms. These sweeping social, political and ideological changes of the 18th Century fostered the belief that man’s transformative authority was indeed his to command. Man believed he had a right to self-governance and to autonomous decision-making. Kant described moral autonomy as the freedom men have to show rational accountability for their actions and he saw in men a dignity beyond all price because of this moral autonomy. Personal autonomy is seen as the expression of the free will of individuals and is justifiably constrained by the need to respect the interests and agency of others. The principle of autonomy, in the context of medical practice, was not clearly articulated until the early 20th century. Prior to this, the ethical practice of medicine relied upon the beneficent intentions of the practitioners. The limits to patient autonomy have been delineated largely by issues of social justice based upon the need to share scarce resources fairly among members of society. However, autonomy remains a dominant principle and is most clearly exemplified by the process of informed consent obtained prior to any medical intervention. This thesis provides a conceptual analysis of autonomy in the context of informed consent. Following this, several different clinical scenarios are examined for evidence of justifiable limitations to patient autonomy. Each scenario is examined in the light of different moral theories including deontology, utilitarianism, communitarianism and principlist ethical reasoning. Kantian ethical reasoning is found to be resilient in rejecting any limitation to the autonomy principle whereas each of the other theories allow greater scope for morally-justified curtailment of individual autonomy. The thesis concludes with reflection on post-modern society in which the radicalization of what began with the European Enlightenment sees the transformation of pre-modern society into a global community in which epistemological certainty is no longer available. In this environment, the emerging emphasis on global responsibility requires ethical accountability, not only when individuals secure transactions between one another but also between individuals and unknown communities of men and women of current and future generations. The thesis concludes that patient autonomy is justifiably limited in South African medical practice because of issues related to social justice but that the impact of the new genetic technologies and post-modernity itself may in future set new limits to individual patient autonomy.
OPSOMMING: Die Europese Verligting het die mensdom bevry van verstarde, dogmatiese denke. Wetenskaplike en tegnologiese ontwikkelinge het tydens the 18de Eeu die lewens van almal radikaal verander. Die mens se bemeestering en transformasie van sy omgewing het gepaard gegaan met revolusionêre politieke hervormings wat gelei het tot die ontbinding van tradisionele politieke ryke en die oordrag van mag aan die mens. Sosiale transformasie het veroorsaak dat die politieke ordeninge van voor-moderne mense deur ‘n globale gemeenskap vervang is wat ontstaan het as gevolg van onder meer die ontkoppeling van tyd en plek (Giddens), en wat deur nuwe tegnologiese ontwikkelings en die ontstaan van simboliese vorms moontlik gemaak is. Hierdie uitgebreide ontwikkelinge het die idee laat ontstaan dat niks vir die 18de Eeuse mens onmoontlik is nie. Die mens het geglo dat hy ‘n reg het op self-bestuur en outonome besluite. Kant het die morele outonomie van die mens beskou as sy vryheid om verantwoordlikheid te neem vir sy eie rasioneel-begronde handelinge en verder het hy ‘n besondere waardigheid in die mens geïdentifiseer vanweë sy morele outonomie. Omdat ‘n mens hierdie eienskap besit, beskik hy oor ‘n hoër waardigheid as alle alle ander lewensvorme. Persoonlike outonomie is die uitoefenimg van die vrye wil van die individu en word om geregverdigde redes beperk deur die regte van ander mense. Die beginsel van outonomie met verwysing na mediese etiek het nie voor die begin van die 20ste eeu prominent geword nie. Voor hierdie tyd het mediese etiek staatgemaak op die goeie voorneme van die praktisyn. Die grense van individuele outonomie word nou bepaal deur die noodsaak van sosiale geregtigheid. Al is dit die geval, bly die beginsel van outonomie die belangrikste beginsel in die etiese debat en word meestal gesien as ‘n deel van die proses van ingeligte toestemming. Hierdie tesis verskaf ‘n omvattende ontleding van outonomie met betrekking tot ingeligte toestemming. Daarna word verskillende kliniese gevalle beskryf en ontleed, en verskeie etiese teorieë gebruik om die wyse waarop pasiënt outonomie reverdigbaar ingekort behoort te word, te bespreek. Die teorie van Kant is in staat om enige inkorting van outonomie in alle gevalle the weerstaan. Elkeen van die ander teorieë verskaf redes waarom die outonomie van individuele pasiënte legitiem ingekort mag word. Hierdie werk sluit af met besinning oor die post-moderne gemeenskap wat ‘n globale samelewing moet aanvaar sowel as die ontoereikenheid van enige kenteoretiese sekerheid. Die ontwikkelende verantwoordelikheid vir die totale mensdom in hierdie wêreld veroorsaak dat individue nie meer slegs moet besluit oor die morele verhouding met sy medemens nie, maar ook oor sy verhouding met mense van gemeenskappe wat geskei is in tyd en ruimte, insluitend sy verhouding met die mense van toekomstige generasies. Hierdie werk sluit af met die gevolgtrekking dat pasiënt outonomie regverdigbaar beperk word in die Suid Afrikaanse mediese praktyk deur die noodsaaklikheid van sosiale geregtigheid. Die verwagte impak van nuwe genetiese tegnologieë en die ontwikkeling van ‘n post-moderne gemeenskap mag nuwe beperkings bring vir pasiënt outonomie.
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Salama, Nadia Ramzy Ali. "Nature, extent, and role of parties' autonomy in the making of international commercial arbitration agreements." Thesis, University of Manchester, 2016. https://www.research.manchester.ac.uk/portal/en/theses/nature-extent-and-role-of-parties-autonomy-in-the-making-of-international-commercial-arbitration-agreements(2a285606-98ba-4a4f-a119-f30be401f140).html.
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Nowadays, arbitration is increasingly defined by its procedural flexibility and suitability to adapt to the needs and circumstances of different parties in different situations. In so being, arbitration employs the agreement to arbitrate as the device through which parties can utilise this procedural flexibility to create an exceptionally party-oriented process. Consequently, the drafting of these agreements and the choices concluded by the parties in them can very much determine whether a particular process is going to produce an efficient and effective outcome or rather frustrate the intentions of the parties and, generally, the objectives of international commercial arbitration. This thesis looks into the most influential decisions/choices made by the parties during the drafting stage of their arbitration agreements and attempts to underline the best practical and legal techniques to approach these decisions within today’s modern regulations of international commercial arbitration. The thesis begins its analysis by examining the separate procedural nature of arbitration agreements in comparison to the substantive nature of ordinary contracts. Such examination revealed that the separability of arbitration agreements produces certain consequences that can potentially uphold arbitration agreements in situations where the main contract was found illegal, non-existent, or invalid, for instance. A clear recognition of the distinct nature of arbitration agreements and the effects of that on the status of arbitration clauses, specifically, can provide the parties, from the very beginning, with rather precise expectations as to the future status of their arbitration agreement. In focus on the role of parties’ autonomy in producing timely awards, it was essential to analyse the different limitations that could restrict this autonomy and, possibly, frustrate the expectations and intentions of the parties. Such analysis revealed that these limitations were limited to incapacity, non-arbitrability, waiver of right to arbitrate, as well as public policy and mandatory rules of law. Finally, in scrutinising the most influential choices which parties can make in their arbitration agreement to positively and effectively create an intelligent international arbitration settlement, it was found that these choices mainly consisted of the choice of the seat of arbitration, the arbitrators, the language of the arbitration, and the law(s) applicable to the arbitration. Throughout this thesis, it is argued that through the consensual nature of international arbitration along with the autonomy bestowed upon its parties, the latter can have a better chance of achieving a practically and legally efficient settlement.
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Donnelly, Mary. "Autonomy, capacity and the limitations of liberalism : an exploration of the law relating to treatment refusal." Thesis, Cardiff University, 2006. http://orca.cf.ac.uk/56131/.
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This thesis explores how the law deals with the patient's right to refuse treatment, evaluating the issue in the context of capable, incapable and involuntary patients. The thesis shows how the consent requirement, and consequently the right to refuse, derives from the law's adherence to the principle of individual autonomy which, this thesis demonstrates, is underpinned by Millian liberal theory. Within this view, the requirement for capacity is fundamental. The thesis shows that capacity acts as gate keeper for the right of autonomy, determining whether or not the right will be respected in each individual's case. Therefore, an appreciation of the inter-relationship between the principle of autonomy and the requirement for capacity is essential. The thesis uses the term "autonomy paradigm" to describe this inter-relationship. The two components of the autonomy paradigm are set out in the first two chapters of the thesis. The primary aim of the thesis is to establish the limitations of the autonomy paradigm. It identifies two difficulties with the paradigm. The first is that the paradigm is premised on a binary division of patients into the categories of capable and incapable, with incapable patients regarded as largely irrelevant within the model. The consequences of this aspect of the paradigm are explored in chapters 3 and 4 of the thesis. The second difficulty is that the process of capacity assessment is not the value-free, neutral procedure that the autonomy paradigm requires. In reality, patients are not determined to be capable or incapable without reference to the nature of the decisions they are making and the consequences of these decisions for them. Thus, the autonomy paradigm is based on an idealised view of the capacity requirement which cannot be delivered in practice. For these reasons, a more realistic view of the autonomy paradigm must be taken.
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Vinh, Nguyen Quoc. "The Concepts of Public Policy and Formality Under Vietnamese Civil Law: AMillstone Round Contracting Parties' Autonomy[Ⅱ]." 名古屋大学大学院法学研究科, 2003. http://hdl.handle.net/2237/6035.
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Villela, Renata Rocha. "Partidos políticos e regulamentação: limites e benefícios da legislação partidária no Brasil." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2134/tde-20012015-135440/.
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Dentre as instituições democráticas, os partidos políticos são as que gozam de menor confiança e prestígio perante a sociedade. Ainda assim, levando em consideração o papel essencial que desempenham no processo político democrático, o objetivo deste trabalho é analisar como o Direito pode contribuir para o fortalecimento dos partidos políticos brasileiros e para a reversão do atual quadro de descrença. Com esse escopo, o primeiro capítulo tratará da evolução histórica das agremiações que atuaram no cenário político nacional e da legislação partidária elaborada em cada período, a fim de identificar as origens dos problemas enfrentados atualmente e em que medida as leis já elaboradas foram suficientes para conter os desvios. Em seguida, o segundo capítulo, discorrerá sobre as principais funções exercidas pelos partidos nas arenas eleitoral e legislativa, bem como sobre a estrutura e funcionamento interno dos três maiores partidos nacionais, por meio da leitura dos seus Estatutos, com o intuito de apreender as falhas e êxitos resultantes de sua atuação. No terceiro capítulo, serão abordados o fenômeno da desconfiança e seus efeitos sobre a democracia, bem como o papel das leis na correção dos desvios, tomando como exemplo seu desempenho em outras áreas do Direito. Após, passaremos à análise dos entraves impostos à legislação partidária no Brasil, em especial a tutela excessiva da autonomia partidária. Por fim, tendo a legislação estrangeira como referência, faremos algumas sugestões com o intuito de aprimorar a atuação dos partidos políticos pátrios. Consciente de que o Direito não tem condições de resolver isoladamente as mazelas que assolam o sistema partidário brasileiro, cujas raízes estão profundamente fincadas na sociedade, esse trabalho procurará demonstrar que a Ciência Jurídica pode, ao menos, dar início às mudanças necessárias, seja incentivando os comportamentos corretos, seja proibindo e punindo os comportamentos desviadosEven though the political parties are the less prestigious and credible amongst democratic institutions, due to its unique role in the democratic political process this thesis aims to analyze how Law can contribute to the strengthening of the Brazilian political parties and to the regain of its credibility. Having this into account, the first chapter will examine the parties historical evolution on the Brazilian political scenario along with the related legislation of each period, focusing on identifying the origins of the currently problems and the role of the legislation on solving them. Afterwards, the second chapter will discuss the main functions of the political parties on the legislative and electoral arenas and the internal structure of the three main Brazilian political parties, trying to focus on the flaws and achievements of their performance. The third chapter will study the trust issues between political parties and their voters along with its effects on democracy and the role of the legislation on political parties, in comparison to its performance on the other legal areas. After this, it will be analyzed the barriers imposed to the Brazilian legislation on political parties, especially the excessive supervision of party autonomy. Finally, taking the foreign legislation as a reference, some suggestions will be made in order to improve the Brazilian political parties performance. Considering that Law, on its own, is unable to solve the Brazilian political parties issues, this paper aims to demonstrate that the importance of Legal Science is to initiate the necessary chances, stimulating proper behavior or punishing improper demeanor.
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Vinh, Nguyen Quoc. "The Concepts of Public Policy and Formality Under Vietnamese Civil Law : A Millstone Round Contracting Parties' Autonomy[Ⅰ]." 名古屋大学大学院法学研究科, 2003. http://hdl.handle.net/2237/6026.
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Dyers, Bianca. "Does the involvement of third parties in surrogacy agreements raise the risk of exploitation of prospective surrogates and prospective parent(s)?" University of Western Cape, 2019. http://hdl.handle.net/11394/7578.
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Magister Legum - LLMSurrogacy on many occasions is referred to a million-dollar industry. Just like many countries, South Africa has prohibited commercial surrogacy, thus South Africa only permits altruistic surrogacy. The prohibition has consequences for third parties such as surrogacy agencies and surrogacy facilitators, as their right to occupation freedom which is guaranteed by the Constitution of the Republic of South Africa, is limited. No right is absolute, any right can be limited if it can be proved that it is in the best interest of the public. The prohibition on commercial surrogacy is argued to be in the best interest of the public as it can lead to the exploitation of women and the commodification of children.
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Salehi, Meysam. "Investment Treaty Arbitration as a Public and Unilateral Dispute Settlement : A redefinition of the autonomy of disputing parties and arbitral tribunals in the process of investment treaty arbitration." Thesis, Uppsala universitet, Juridiska institutionen, 2020. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-412159.
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Over the last decade, investment treaty arbitration has been confronted with relatively extensive and fundamental criticisms. The problem with the system in fact boils down to a misconception by tribunals of the nature of investment treaty arbitration. Many scholars and tribunals have perceived and treated investment treaty arbitration as a reciprocal arrangement with a private function. This is so mainly because of the way they formulate the establishment of investment treaty arbitration. To put it simply, it has been though that investment treaty arbitration, similar to international commercial arbitration, is founded upon a reciprocal contract made through a merger of intentions of the host State and the foreign investor. This perception would necessarily lead to the application of the principle of party autonomy as the main governing principle over the process of arbitration; a principle that is well tailored to adjudications with private function. Contrary to this, a careful examination of the nature of investment treaty arbitration reveals not only the public dimensions of the system, but also the unilaterality of the framework on which the system stands. These two characteristics require a shift in paradigm; otherwise, the system will expose to more and more legitimacy crises. The present research, therefore, tends to make a clear distinction between the two systems of international commercial and investment treaty arbitration, and explore the implications of this paradigm-shifting for the process of investment treaty arbitration, in particular, the way tribunals interpret the instrument of consent and the autonomy of tribunals in the course of the arbitration.
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Meurant, Cédric. "L'interprétation des écritures des parties par le juge administratif français." Thesis, Lyon, 2017. http://www.theses.fr/2017LYSE3026.
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En vertu de la règle du principe dispositif qui s’applique au procès administratif, le litige est la chose des parties : la matière de l’instance est fixée par les écritures que les parties rédigent et qu’elles soumettent au juge administratif. L’essence de l’office de ce juge consiste à trancher le litige en répondant juridiquement aux prétentions et à l’argumentation développées par les parties dans leurs écritures. L’étendue de son intervention est donc tributaire de la formulation des écritures qu’il devrait se borner à interpréter littéralement, et ce même lorsqu’elles sont maladroitement rédigées. Pourtant, le juge s’autorise à les interpréter extensivement ou restrictivement. Les raisons qui président à ce choix sont incertaines. L’un des enjeux de cette recherche est de les clarifier. Elle doit aussi déterminer l’étendue de ce pouvoir, et notamment son caractère – est-ce une faculté ou une obligation ? –, les éléments des écritures susceptibles d’être interprétés, les parties dont les écrits peuvent être appréciés, les méthodes mobilisées, ou encore ses limites et les contrôles auxquels il est soumis. Mais, à cause du rôle central des écritures dans le procès administratif, leur interprétation peut avoir d’importantes conséquences sur cette instance. Certaines interprétations peuvent même la déstabiliser. La recherche doit donc envisager les mécanismes permettant de corriger ces déséquilibres. En interprétant les écritures des parties, le juge participe à la fixation de la matière de l’instance. Dès lors, cette étude doit, plus fondamentalement, contribuer à déterminer l’auteur de cette substance : les parties ou le juge ?According to the principle of party autonomy that rules the administrative trial, the litigation is the thing of the parties: the disputed matter is set out in the contentious writings the parties submit to the administrative judge. The essence of the office of this judge is to settle the disputed by legally answering the claims and arguments developed by the parties in their written pleadings. The scope of his intervention is therefore dependent on the wording of the contentious writings, which the judge should confine himself to literally interpreting, even when they are badly written. However, he allows himself to interpret them extensively or restrictively. The reasons for this choice are uncertain. One of the stakes of this research is to clarify them. It must also determine the scope of that power, and in particular its character - is it a possibility or an obligation? -, the elements of the written submissions likely to be interpreted, the parties whose writings can be assessed, the methods used, or its limits and the controls to which it is subject. But, because of the central role of the written pleadings in the administrative process, their interpretation can have important consequences on this instance. Some interpretations can even destabilize it. This research should therefore consider ways to correct such imbalances. In interpreting the parties’ written submissions, the judge participates in the determination of the disputed matter. Consequently, this study must, more fundamentally, contribute to determining the author of this matter: the parties or the judge?
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Blaizot, Alessandra. "La question du juste soin dans la prise en charge bucco-dentaire des patients présentant des limitations durables de leurs capacités de décision : des tensions éthiques aux perspectives d’évolution." Thesis, Sorbonne Paris Cité, 2016. http://www.theses.fr/2016USPCB142/document.
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En France, sous l'impulsion de la loi du 4 mars 2002 relative aux droits des malades et à la qualité du système de santé, des modifications profondes de la relation de soin en faveur d'une participation plus active des patients ont été engagées imposant un repositionnement de chaque acteur de cette relation. La loi précise que l'implication des patients dans les processus de prise de décision doit être recherchée y compris lorsque les patients présentent des limitations de leurs capacités de décision. L'affirmation de ces droits va de pair avec la reconnaissance de capacités de décision aux patients et le développement d'une décision médicale partagée. Elle entraîne néanmoins, lorsque ces capacités sont atteintes, des difficultés concrètes dans le recueil du consentement du patient et/ou de ses représentants légaux et aidants. Il est aujourd'hui reconnu que les besoins en santé orale des patients présentant des limitations durables de leurs capacités de décision sont non satisfaits et augmentés par rapport à la population générale. Ces inégalités de santé résultent de nombreux obstacles dans l'accès aux soins et à la prévention, mais aussi dans la prise en charge, et alors que le principe d'égal accès au soin de tous les citoyens est reconnu comme un fondement juridique national. Cette situation constitue une perte de chance pour ces personnes d'autant plus qu'une santé bucco-dentaire dégradée peut avoir, au-delà des conséquences locales, des répercussions sur la santé générale et plus particulièrement sur la qualité de vie et l'intégration sociale. Ces difficultés cumulées quotidiennement conduiraient donc à privilégier des thérapeutiques symptomatiques sans réflexion de l'ensemble des acteurs autour d'une réhabilitation fonctionnelle globale. Pourtant, il est reconnu que la lutte contre les inégalités de santé passe par le développement d'une prise en charge globale de la santé. S'appuyant sur une participation des différents acteurs et notamment des patients aux prises de décision, celle-ci prévoit un décloisonnement entre les domaines relevant du sanitaire, du social et de l'éducatif pour un continuum par priorité. Ce travail, par une recherche qualitative et participative, a pour objectif d'explorer les raisons des limitations de réponse thérapeutique auprès de chaque acteur de la relation de soin - les patients, les aidants et les chirurgiens-dentistes. Une fois celles-ci mieux comprises, les différentes représentations sont confrontées et les tensions éthiques qui s'y dégagent discutées. Puis, des pistes d'évolution de la prise en charge de la santé orale, et au-delà, des évolutions sociétales sont proposées pour espérer à terme réduire les inégalités de santéIn France, under the impulse of the Law of 4 March 2002 on patients' rights and the quality of the health system, deep changes have been undertaken in the care relationship for a more active participation of patients. This imposes a repositioning of each individual involved in the relationship. The law specifies that the involvement of patients in decision-making should be sought even when they present limitations of their decision-making abilities. The affirmation of these rights is consistent with the recognition of patients' decision-making abilities and the development of a shared decision. Nevertheless, when the limits of these abilities are reached, it leads to practical difficulties in the consent of patients and/or legal guardians and caregivers. It is now recognized that the oral health needs of patients with enduring limitations of their decision-making abilities are not satisfied, and are increased compared to those of the general population. These health inequities result from many barriers in access to care and prevention, but also during care, and yet the principle of equal access to care for all citizens is recognized as a national legal principle. This situation constitutes a loss of opportunity for these people - especially as, beyond its local impacts, impaired oral health may have impacts on their overall health and particularly on their quality of life and social integration. These limitations, which accumulate day after day, may lead to symptomatic therapies being favoured without concerted thinking on a global functional rehabilitation. Yet it is recognized that the fight against health inequalities requires the development of comprehensive overall health care. This means that, relying on the participation of the different stakeholders including patients in decision-making, the barriers separating areas concerning health, social and educational care have to be abolished for a continuum by priority. The aim of this work is to explore, by qualitative and participatory research, the reasons for the limitations of the therapeutic response from each member of the care relationship - patients, caregivers and dentists. Once these reasons have been better understood, the different representations are considered face to face and the ethical tensions that emerge are discussed. Then, ways in which the management of oral health can be improved and, beyond this evolution, ways in which society could change are proposed with the ultimate hope of reducing health inequalities
Books on the topic "Limitations of parties' autonomy"
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National elections and the autonomy of American state party systems. Pittsburgh, Pa: University of Pittsburgh Press, 1996.
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ERIC Clearinghouse on Higher Education. and Association for the Study of Higher Education., eds. Academic freedom in American higher education: Rights, responsibilities, and limitations. Washington, DC: School of Education and Human Development, George Washington University, 1993.
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Elias, Anwen, and Filippo Tronconi, eds. From Protest to Power: Autonomist Parties and the Challenges of Representation. Wien, Austria: Braumueller, 2011.
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Wojtaszak, Andrzej. Idee narodowe w myśli politycznej socjalistów w okresie walki o niepodległość Polski: 1892-1921. Szczecin: Wydawn. Nauk. Uniwersytetu Szczecińskiego, 1997.
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Holobut͡sʹkyĭ, O. P. Ukraïnsʹkyĭ politychnyĭ rukh na Naddnipri͡anshchyni kint͡si͡a XIX-pochatku XX stolitti͡a: Doslidz͡henni͡a. Kyïv: Vyd-vo "Smoloskyp", 1996.
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García, Fernando Martín. La tierra prometida. San Juan: Editorial Libertad, 1996.
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Talamantes, Cecilia Pérez. El valor de la autonomía: Universidad Autónoma de Aguascalientes, partidos políticos y procesos electorales. Aguascalientes, Ags: Universidad Autónoma de Aguascalientes, 2007.
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Opozicione partije i autonomija Vojvodine 1929-1941. Novi Sad: Agencija "Mir", 1995.
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Chartier, Erwan. La question bretonne: Enquête sur les mouvements politiques bretons. Plougastel-Daoulaz: Editions An Here, 2002.
Find full textBook chapters on the topic "Limitations of parties' autonomy"
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Zwitter, Matjaž. "Autonomy and Its Limitations." In Medical Ethics in Clinical Practice, 35–44. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/978-3-030-00719-5_6.
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Lange, Peter, and Maurizio Vannicelli. "FRENCH Communist Party: National Grandeur and the Quest for Autonomy." In The Communist Parties of Italy, France and Spain, 310–34. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003185666-30.
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Lange, Peter, and Maurizio Vannicelli. "SPANISH Communist Party: Legitimacy, Autonomy and the Search for International Linkages." In The Communist Parties of Italy, France and Spain, 335–56. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003185666-31.
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Rendtorff, Jacob D. "The Limitations And Accomplishments Of Autonomy As A Basic Principle In Bioethics And Biolaw." In Autonomy and Human Rights in Health Care, 75–87. Dordrecht: Springer Netherlands, 2008. http://dx.doi.org/10.1007/978-1-4020-5841-7_6.
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Lange, Peter, and Maurizio Vannicelli. "Italian Communist Party: Realism and Activism – Seeking Autonomy in a Bi-Polar World." In The Communist Parties of Italy, France and Spain, 287–309. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003185666-29.
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Field, Bonnie N. "Decentralization, Regional Parties, and Multilevel Governance in Spain." In The Ways of Federalism in Western Countries and the Horizons of Territorial Autonomy in Spain, 853–64. Berlin, Heidelberg: Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-27717-7_56.
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Zemánek, Jiří. "An ‘Entirely-Specific’ Situation or a Routine Limitation of the National Autonomy? Slovak pensions XVII of the Czech Constitutional Court." In Limitations of National Sovereignty through European Integration, 125–39. Dordrecht: Springer Netherlands, 2016. http://dx.doi.org/10.1007/978-94-017-7471-0_8.
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Morales, Ernesto, Geoffrey Edwards, Véronique Gauthier, Frédérique Courtois, Alicia Lamontagne, and Antoine Guérette. "Toward sexual autonomy and well-being for persons with upper limb mobility limitations." In The Routledge Handbook of Disability and Sexuality, 418–32. Milton Park, Abingdon, Oxon; New York, NY: Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.4324/9780429489570-37.
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Calvo, Rafael A., Dorian Peters, Karina Vold, and Richard M. Ryan. "Supporting Human Autonomy in AI Systems: A Framework for Ethical Enquiry." In Philosophical Studies Series, 31–54. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-50585-1_2.
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Abstract Autonomy has been central to moral and political philosophy for millennia, and has been positioned as a critical aspect of both justice and wellbeing. Research in psychology supports this position, providing empirical evidence that autonomy is critical to motivation, personal growth and psychological wellness. Responsible AI will require an understanding of, and ability to effectively design for, human autonomy (rather than just machine autonomy) if it is to genuinely benefit humanity. Yet the effects on human autonomy of digital experiences are neither straightforward nor consistent, and are complicated by commercial interests and tensions around compulsive overuse. This multi-layered reality requires an analysis that is itself multidimensional and that takes into account human experience at various levels of resolution. We borrow from HCI and psychological research to apply a model (“METUX”) that identifies six distinct spheres of technology experience. We demonstrate the value of the model for understanding human autonomy in a technology ethics context at multiple levels by applying it to the real-world case study of an AI-enhanced video recommender system. In the process we argue for the following three claims: (1) There are autonomy-related consequences to algorithms representing the interests of third parties, and they are not impartial and rational extensions of the self, as is often perceived; (2) Designing for autonomy is an ethical imperative critical to the future design of responsible AI; and (3) Autonomy-support must be analysed from at least six spheres of experience in order to appropriately capture contradictory and downstream effects.
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Winter, Susan J., and Brian S. Butler. "Responsible Technology Design: Conversations for Success." In Perspectives on Digital Humanism, 271–75. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-86144-5_36.
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AbstractDigital humanism calls for new technologies that enhance human dignity and autonomy by educating, controlling, or otherwise holding developers responsible. However, this approach to responsible technology design paradoxically depends on the premise that technology is a path to overcoming human limitations while assuming that developers are themselves capable of super-human feats of prognostication. Recognizing developers as subject to human limitations themselves means that responsible technology design cannot be merely a matter of expecting developers to create technology that leads to certain desirable outcomes. Rather, responsible design involves expecting the technologies to be designed in ways that provide for active, meaningful, ongoing conversations between the developer and the technology, between the user and the technology, and between the user and the developer—and expecting that designers and users will commit to engaging in those conversations.
Conference papers on the topic "Limitations of parties' autonomy"
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Topcu, Ufuk. "Verifiable autonomy under perceptual limitations." In CPS-IoT Week '21: Cyber-Physical Systems and Internet of Things Week 2021. New York, NY, USA: ACM, 2021. http://dx.doi.org/10.1145/3459086.3459635.
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Chen, Meicheng. "Sogdian Diasporic Women’s Autonomy and Limitations: Case Study of Triple Identities of Miwnay." In 2021 International Conference on Public Art and Human Development ( ICPAHD 2021). Paris, France: Atlantis Press, 2022. http://dx.doi.org/10.2991/assehr.k.220110.024.
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Kadavasal, Muthukkumar S., Abhishek Seth, and James H. Oliver. "Virtual Reality Based Multi-Modal Teleoperation Using Mixed Autonomy." In ASME 2008 International Design Engineering Technical Conferences and Computers and Information in Engineering Conference. ASMEDC, 2008. http://dx.doi.org/10.1115/detc2008-49144.
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A multi modal teleoperation interface is introduced featuring an integrated virtual reality based simulation augmented by sensors and image processing capabilities on-board the remotely operated vehicle. The proposed virtual reality interface fuses an existing VR model with live video feed and prediction states, thereby creating a multi modal control interface. Virtual reality addresses the typical limitations of video-based teleoperation caused by signal lag and limited field of view thereby allowing the operator to navigate in a continuous fashion. The vehicle incorporates an on-board computer and a stereo vision system to facilitate obstacle detection. A vehicle adaptation system with a priori risk maps and real state tracking system enables temporary autonomous operation of the vehicle for local navigation around obstacles and automatic re-establishment of the vehicle’s teleoperated state. As both the vehicle and the operator share absolute autonomy in stages, the operation is referred to as mixed autonomous. Finally, the system provides real time update of the virtual environment based on anomalies encountered by the vehicle. The system effectively balances the autonomy between human and on board vehicle intelligence. The stereo vision based obstacle avoidance system is initially implemented on video based teleoperation architecture and experimental results are presented. The VR based multi modal teleoperation interface is expected to be more adaptable and intuitive when compared to other interfaces.
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Schiehll, Letícia, Fernando Moreira da Silva, and Inês Simões. "Dressing Autonomy for Frozen Shoulder Users: Inclusive Fashion Design Principles." In Applied Human Factors and Ergonomics Conference. AHFE International, 2022. http://dx.doi.org/10.54941/ahfe100768.
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Donning and doffing procedures are among of the five basic activities of daily living that define the degree of autonomy and independence. In this paper, we produce an analysis of the movements performed in donning/doffing procedures and identify which are the main difficulties in patients with frozen shoulder. Therefore, we utilized five pieces of clothing for the upper body with different characteristics that we consider relevant for the evaluation of movement and to identify range of motion limitations: poncho, tank-top, blouse with long sleeves, batwing blouse and front-opening blouse. Then, we observed a group of women during donning/doffing procedures, connecting the performed movements to the characteristics of those garments. As main results, we verified that the poncho and the batwing blouse are more appropriate for users with a frozen shoulder. Among the possible conclusions, we infer that the inclusion of users before and during the design process, through the methodology of participatory design, provides greater interaction in the whole process and increases the chances of success of the product to the real needs of the targeted user. In association, the inclusion of a kinesiological study in the design of clothes increases efficiency donning/doffing procedures, ensuring greater autonomy to the user.
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Çelik, Sabahat Binnur. "The Limits of State Intervention in Economy by Taxation in Turkey." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01314.
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People, mostly and directly affected from the state's decision about taxation. State, in order to realize public services, while using its taxation authority depending to its power of sovereignty, intervenes in the economy in different ways. While using taxation authority, state is subject to various limitations. The most important limitation about taxation is the necessity of obeying the laws.
The basic principles about taxation are indicated on the Universal Declaration of Human Rights and Constitutions. Nowadays, nearly in every country, advanced tax payer rights, public pressure and the ruling parties’ intent about remaining in power or the opposition parties' intent about coming in power also determines the limits of taxation.
Proceedings of the independent judicial bodies are very important about the limitation of taxation. Because independent judicial bodies can control the power of sovereignty of the state about taxation. In the judging process, they judge the tax rules and tax applications' harmony to the basic principles of taxation. If there are no fair limits about taxation in a country, this means that there is no democracy in that country.
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Finch, Nora. "Design to Succeed: Integrated MEMS Development." In ASME 2002 International Mechanical Engineering Congress and Exposition. ASMEDC, 2002. http://dx.doi.org/10.1115/imece2002-39260.
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Designers of Micro-Electro-Mechanical Systems (MEMS) face many challenges by being forced to meet product specifications within the limitations of processing and thin-film material parameters. To create a successful MEMS product, there must be collaboration between experts in the target industry and MEMS experts in processing, materials, and other relevant technologies. The use of an integrated CAD for MEMS™ tool by all parties involved can greatly reduce the number of design and fabrication iterations required to successfully commercialize the product. Leveraging Corning IntelliSense’s over ten years of experience in the development of MEMS, IntelliSuite® provides a unified development platform for process development, thin-film material engineering, mask layout, and device and package analysis. Here we will outline a proven strategy for cost-effective, rapid product development.
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Bruck, Maira, Navid Goudarzi, and Peter Sandborn. "A Levelized Cost of Energy (LCOE) Model for Wind Farms That Includes Power Purchase Agreement (PPA) Energy Delivery Limits." In ASME 2016 Power Conference collocated with the ASME 2016 10th International Conference on Energy Sustainability and the ASME 2016 14th International Conference on Fuel Cell Science, Engineering and Technology. American Society of Mechanical Engineers, 2016. http://dx.doi.org/10.1115/power2016-59608.
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The cost of energy is an increasingly important issue in the world as renewable energy resources are growing in demand. Performance-based energy contracts are designed to keep the price of energy as low as possible while controlling the risk for both parties (i.e., the Buyer and the Seller). Price and risk are often balanced using complex Power Purchase Agreements (PPAs). Since wind is not a constant supply source, to keep risk low, wind PPAs contain clauses that require the purchase and sale of energy to fall within reasonable limits. However, the existence of those limits also creates pressure on prices causing increases in the Levelized Cost of Energy (LCOE). Depending on the variation in capacity factor (CF), the power generator (the Seller) may find that the limitations on power purchasing given by the utility (the Buyer) are not favorable and will result in higher costs of energy than predicted. Existing cost models do not take into account energy purchase limitations or variations in energy production when calculating an LCOE. A new cost model is developed to evaluate the price of electricity from wind energy under a PPA contract. This study develops a method that an energy Seller can use to negotiate delivery penalties within their PPA. This model has been tested on a controlled wind farm and with real wind farm data. The results show that LCOE depends on the limitations on energy purchase within a PPA contract as well as the expected performance characteristics associated with wind farms.
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Anil, Neethu Elsa, Reshma Kassim, and Sinu Philip Varghese. "Analysis of Compensation for Delay and Settlement of Disputes Clauses in CPWD Contract Guidelines." In International Web Conference in Civil Engineering for a Sustainable Planet. AIJR Publisher, 2021. http://dx.doi.org/10.21467/proceedings.112.9.
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The construction industry is an industry where multiple parties are involved in the completion of a project. Risks in the construction industry include both threats to and opportunities in a project. The majority of construction works in India are modeled on General Conditions of Contract (GCC) formulated by the Central Public Works Department (CPWD). Public Works Contracts have many limitations and are prone to disputes. This paper analyses clause 2, 5, and 25 of CPWD GCC 2020. They are clauses on compensation for the delay, time and extension for the delay, and settlement of disputes and arbitration. This paper aims to study the remedy for delay and disruption according to clauses in CPWD GCC and to make recommendations for optimal and effective contract management from the data collected through the survey. A questionnaire is prepared on these 3 clauses and the responses are analyzed and recommendations are made based on the responses collected.
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Emejeamara, Uchechukwu, Udochukwu Nwoduh, and Andrew Madu. "Unique Software Engineering Techniques: Panacea for Threat Complexities in Secure Multiparty Computation (MPC) with Big Data." In 9th International Conference on Natural Language Processing (NLP 2020). AIRCC Publishing Corporation, 2020. http://dx.doi.org/10.5121/csit.2020.101413.
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Most large corporations with big data have adopted more privacy measures in handling their sensitive/private data and as a result, employing the use of analytic tools to run across multiple sources has become ineffective. Joint computation across multiple parties is allowed through the use of secure multi-party computations (MPC). The practicality of MPC is impaired when dealing with large datasets as more of its algorithms are poorly scaled with data sizes. Despite its limitations, MPC continues to attract increasing attention from industry players who have viewed it as a better approach to exploiting big data. Secure MPC is however, faced with complexities that most times overwhelm its handlers, so the need for special software engineering techniques for resolving these threat complexities. This research presents cryptographic data security measures, garbed circuits protocol, optimizing circuits, and protocol execution techniques as some of the special techniques for resolving threat complexities associated with MPC’s. Honest majority, asymmetric trust, covert security, and trading off leakage are some of the experimental outcomes of implementing these special techniques. This paper also reveals that an essential approach in developing suitable mitigation strategies is having knowledge of the adversary type.
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Guglielmino, Emanuele, Claudio Semini, Yousheng Yang, Darwin Caldwell, Helmut Kogler, and Rudolf Scheidl. "Energy Efficient Fluid Power in Autonomous Legged Robotics." In ASME 2009 Dynamic Systems and Control Conference. ASMEDC, 2009. http://dx.doi.org/10.1115/dscc2009-2522.
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This paper is concerned with the application of fluid power in autonomous robotics where high power density and energy efficiency are key requirements. A hydraulic drive for a bioinspired quadruped robot leg is studied. The performance of a classical valve-controlled (“resistive-type”) and of an energy saving (“switching-control mode”) hydraulic actuation system are compared. After describing the bio-inspired leg design and prototyping, models for both drives are developed and energy efficiency assessments are carried out. It is shown through simulation that the switching-control mode hydraulic actuation can meet the challenge of legged robotic locomotion in terms of energy efficiency with respect to improving robot power-autonomy. An energy saving of about 75% is achieved. Limitations of the current system are identified and suggestions for improvements are outlined.
Reports on the topic "Limitations of parties' autonomy"
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Caetano, Gerardo. Analysis and foresight of the European Union - Mercosur Association Agreement. Fundación Carolina, April 2022. http://dx.doi.org/10.33960/issn-e.1885-9119.dtff04en.
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After a negotiation that has been ongoing for more than two decades, the “agreement in principle” between the European Union and Mercosur regarding the trade pillar, announced in June 2019, has not been confirmed. Moreover, in the current context, the perspectives that are outlined in both blocks are not auspicious, for various reasons that are analyzed. In this context, the text will analyzes the following points: i) in the absence of a specific Treaty in progress of application, it informs about the negotiations of the trade pillar, its current status, the contents of the principle of agreement signed in 2019, the possibilities of closure and ratification by the two parties and the main expected impacts; ii) the potential implications of this agreement for both the European Union and Mercosur, in particular with regard to its foreseeable consequences for the strategic autonomy of both regions and for the strengthening of multilateralism at present; and iii) the expected impacts of the COVID-19 pandemic and the eventual contribution of this Association Agreement in the new scenarios. The text closes with a brief overview.