Academic literature on the topic 'Resolutions and decisions'
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Journal articles on the topic "Resolutions and decisions"
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Sumbarova, Marina. "ASSURANCE OF LEGALITY AND VALIDITY OF THE PROCEDURAL DECISIONS MADE BY THE INVESTIGATOR IN CRIMINAL PROCEEDING." Administrative and Criminal Justice 2, no. 71 (June 30, 2015): 28. http://dx.doi.org/10.17770/acj.v2i71.4331.
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One of participants of criminal trial – the persons directing process, according to the Criminal procedure law (CPL) existing now in Latvia is the investigator. According to point 1 of part 2 of article 29 CPL, it has rights in the order established by the law to make any procedural decision and to make any procedural action or to charge its production to participants of an investigation team or the performer of procedural instructions. In article the author investigates conceptual essence of criminal procedure decisions, the legal characteristic of the resolution of the investigator, decision-making in the form of resolutions on the beginning of criminal trial, refusal to begin criminal trial, and also the resolutions directed on collecting and fixing of proofs in criminal trial and other resolutions. Making procedural decisions is a guarantee of high-quality investigation of criminal trials and observance of the rights of its participants.
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Johansson, Patrik. "The Humdrum Use of Ultimate Authority: Defining and Analysing Chapter VII Resolutions." Nordic Journal of International Law 78, no. 3 (2009): 309–42. http://dx.doi.org/10.1163/090273509x12448190941129.
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AbstractUnder Chapter VII of the Charter of the United Nations, the Security Council has the unique authority to make decisions that are binding on member states. However, the lack of a standard definition of what makes a Security Council resolution "a Chapter VII resolution" has caused disagreement regarding the status of several resolutions. This is unfortunate as the international community should never have to doubt whether a Security Council resolution is in fact adopted under Chapter VII or not. It is also unnecessary. This article addresses this problem by proposing a definition of Chapter VII resolutions, based on two criteria referred to as "Article 39 determinations" and "Chapter VII decisions". On the basis of the proposed definition, the article describes and analyses a dramatic increase in the use of Chapter VII during the post-Cold War era. It concludes that as Chapter VII has come to constitute the majority of Security Council resolutions in recent years, the resort to Chapter VII no longer signifies exceptional determination and resolve, which it did during the Cold War; instead Chapter VII today implies business as usual. An appendix lists all Chapter VII resolutions from 1946–2008.
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Galbraith, Jean. "Ending Security Council Resolutions." American Journal of International Law 109, no. 4 (October 2015): 806–21. http://dx.doi.org/10.5305/amerjintelaw.109.4.0806.
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Criticism of the Security Council tends to take one of two forms: first, that it does not act enough; and second, that it acts unwisely. Although these concerns are quite different, they both have partial causal roots in the Council’s voting process. Article 27 of the United Nations Charter provides that Council decisions on nonprocedural matters require “an affirmative vote of nine members including the concurring votes of the permanent members.” The ability of any of the five permanent member stove to a Council resolution makes it difficult for the Council both to act in the first place and to pass corrective resolutions when existing resolutions are criticized as problematic. Indeed, the difficulty of undoing resolutions can make Council members wary about allowing the passage of resolutions at the very outset.
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Behfar, Malihe, and Hassan Savari. "Determination of United Nations Security Council Resolutions by States." Journal of Politics and Law 9, no. 10 (November 30, 2016): 156. http://dx.doi.org/10.5539/jpl.v9n10p156.
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In United Nations history, the legality of Security Council Resolutions, in many cases, is challenged. Generally these challenges take by states that affected Security Councils decisions. With notice that states are the representative for implementation of Security Council Resolutions, they intervene their determination and interpretation in the way that implement Security Council Decisions. In some cases, domestic and regional courts determine the state action in implementation Security Council Resolutions. Although this cases couldn’t provide direct review on Resolutions but affected by way of implementation. Determination by states is probable and arises some concerns about decrease effectiveness of Security Council in maintenance of international peace and security.
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Stafiichuk, Kateryna Volodymyrivna. "Судові рішення суду касаційної інстанції в адміністративному судочинстві України." Copernicus Political and Legal Studies 1, no. 3 (2022): 30–38. http://dx.doi.org/10.15804/cpls.20223.04.
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The article analyzes the legal nature of court decisions of the Supreme Court as a court of cassation in the administrative proceedings of Ukraine. The concept and role played by court decisions of the court of cassation in administrative proceedings are defined. The types of court decisions of the Supreme Court as a court of cassation in the administrative proceedings of Ukraine are systematized. It is emphasized that the Supreme Court as a court of cassation within the limits set by the Code of Administrative Procedure of Ukraine, adopts rulings and rules. The decision on the cassation appeal is essentially made in the decision, which is final and not subject to further appeal. At the same time, the Code of Administrative Procedure of Ukraine provides for the possibility of adopting an additional resolution. It is emphasized that additional court decisions are made when all procedural issues have not been resolved by a ruling, in particular the issue of court costs. Such an additional decision is made by the court of cassation, which issued the main decision in the case. The content and structure of resolutions and rulings of the court of cassation in the administrative proceedings of Ukraine are studied. It is noted that although the procedural law distinguishes four components of court decisions: introductory, descriptive, motivational and operative parts, the Supreme Court in its rulings proposes a broader structure of court decisions. Many decisions of the Supreme Court reflect the following elements: introduction; the essence of the dispute; the factual circumstances of the case established by the courts; decisions of courts of first and appellate instances and motives for their adoption; cassation appeal; relevant sources of law and acts of their application; the position of the Supreme Court; court costs; operative part. It is emphasized that important in terms of resolving the case in fact play resolutions, which formalize the completion of the case, address the main issues and requirements of the cassation appeal, as well as the response to the cassation appeal. It is noted that the decisions are made on various procedural issues related to the progress of the case, motions and applications of the parties, the issue of adjournment of the case, adjournment, suspension of proceedings, etc. The type of judicial acts of the Supreme Court is singled out as a separate ruling by which the court can respond to violations of the law, in particular for abuse of procedural rights, violation of procedural duties, improper performance of professional duties by lawyers or prosecutors. which may bring the relevant persons to disciplinary responsibility.
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Proto, Massimo. "Legal Certainty in the Extrajudicial Dispute Resolutions." European Business Law Review 29, Issue 3 (June 1, 2018): 417–23. http://dx.doi.org/10.54648/eulr2018016.
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This essay explores the consequences of the existence of common principles in ADR proceedings, particularly in adjudicative ADR, which can supplement any limits of sectoral laws and regulations. In such cases, the role played by the individual called to settle the dispute may be extremely relevant: if, instead of applying the legal provisions laid down by the lawmaker, he evaluates the interests of the parties and ponders on their conduct, it may be possible to identify principles that are able to drive the decision-making process. Such principles would also apply to very different areas. However, the consequential and ambiguous concentration of the power to make the rule and the power to apply the rule under the same person may lead to unpredictable decisions.
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Glennon, Michael J. "The Constitution and Chapter VII of the United Nations Charter." American Journal of International Law 85, no. 1 (January 1991): 74–88. http://dx.doi.org/10.2307/2203559.
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Does Security Council Resolution 678, read in conjunction with the United Nations Charter, confer authority on the President under United States domestic law to introduce the United States Armed Forces into hostilities? The operative part of the resolution provides that the Security Council:1.Demands that Iraq comply fully with resolution 660(1990) and all subsequent relevant resolutions, and decides, while maintaining all its decisions, to allow Iraq one final opportunity, as a pause of goodwill, to do so;2.Authorizes Member States co-operating with the Government of Kuwait, unless Iraq on or before 15 January 1991 fully implements, as set forth in paragraph 1 above, the foregoing resolutions, to use all necessary means to uphold and implement resolution 660 (1990) and all subsequent relevant resolutions and to restore international peace and security in the area;3.Requests all States to provide appropriate support for the actions undertaken in pursuance of paragraph 2 of the present resolution;4.Requests the States concerned to keep the Security Council regularly informed on the progress of actions undertaken pursuant to paragraphs 2 and 3 of the present resolution;5.Decides to remain seized of the matter.
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ŚCIBIOREK, Zbigniew. "CONDITIONS OF THE DECISION - MAKING PROCESS." Journal of Science of the Gen. Tadeusz Kosciuszko Military Academy of Land Forces 186, no. 4 (October 2, 2017): 249–71. http://dx.doi.org/10.5604/01.3001.0010.7232.
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In the article it has been emphasized, without analyzing the problematic situation, that making decision is becoming an increasingly complex process. This is influenced by many factors, mainly the dynamism of changes taking place and the significant impact of the environment. Information is essential to take correct and effective decisions. It is not always certain (reliable). Uncertainty and risk accompany decision makers and the point is that the decisions are adequate to the ensuing situation and create realistic determinants for achieving objectives – the implementation of the planned tasks. Interdisciplinary knowledge and high competences of persons making resolutions of complex decision problems are indispensable.
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Recalde-Castells, Andrés, and Antonio Roncero-Sánchez. "The Judicial Control of a Cross-Border Merger approved by means of an abusive resolution." European Company and Financial Law Review 18, no. 5 (December 1, 2021): 773–93. http://dx.doi.org/10.1515/ecfr-2021-0030.
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The fight for the control of the Mediaset group has given rise to several judicial decisions issued in various national jurisdictions and even by the European Court of Justice. Three orders of Spanish Courts have been of particular interest. Two of them were issued by a Commercial Court in Madrid and the third one was issued on appeal by the Provincial Appeal Court Madrid. They instructed the suspension of the shareholders meeting resolutions of the Spanish Mediaset company approving a cross-border merger. The content of this resolution was to approve the acquisition of the Spanish company by another company domiciled in the Netherlands thus changing the applicable law. The resolution approving the merger was presumed (provisionally) to be abusive and, eventually, null and void. The decisions of the Spanish Court were grounded on the fact that the articles of association of the resulting Dutch company would be detrimental to the minority in the Spanish company. This limits the freedom of establishment (Art. 49 TFEU) and is based on a multilevel scrutiny, resulting from the national laws applicable to each company that participates in the merger. Those judicial decisions handled with other issues of interest in company law, such as the conclusive effect of the registration of a cross-border merger, the legitimation of the minority to challenge shareholders resolutions, or the effects of a shareholders meeting resolution replacing a previous merger resolution that has been challenged before the courts.
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Wagner, William E. "Beyond Dollars and Cents: Using Civic Capital to Fashion Urban Improvements." City & Community 3, no. 2 (June 1, 2003): 157–73. http://dx.doi.org/10.1111/j.1535-6841.2004.00074.x.
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I propose a new way for thinking about the decisions that cities make to improve the quality of life for their citizens. I argue that cities differ in the amount of civic capital they possess. Cities with more civic capital are better able to make quality‐of‐life decisions than cities with less civic capital. I test this argument by providing measures of civic capital and quality‐of‐life resolutions, alike, and by analyzing the differences among five major cities. The final test, which assesses the impact of civic capital on quality‐of‐life resolutions over a long span of years, uncovers a strong and decisive relationship between civic capital and quality‐of‐life resolutions: where there is an increase in civic capital there is a somewhat later increase as well in the number of quality‐of‐life resolutions made by cities.
Dissertations / Theses on the topic "Resolutions and decisions"
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Zahm, Constanze. "Die Einordnung von UNESCO-Rechtsakten." Saechsische Landesbibliothek- Staats- und Universitaetsbibliothek Dresden, 2013. http://nbn-resolving.de/urn:nbn:de:bsz:14-qucosa-129319.
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Als Sonderorganisation der Vereinten Nationen soll die UNESCO als rechtlich selbstständige Organisation mit eigener Rechtspersönlichkeit zur Erreichung des Gesamtziels der Vereinten Nationen beitragen. Grundlage dafür sind gemeinsame Standards in den Bereichen Bildung, Wissenschaft und Kultur, die gegenseitiges Verständnis und Kooperation fördern sollen. Rechtssetzungsinstrumente sind demnach von großer Bedeutung für die Tätigkeit der UNESCO. Die vorliegende Arbeit konzentriert sich auf die Analyse und kritische Würdigung der vorhandenen Instrumente und ordnet sie rechtlich sowohl nach ihrer Verbindlichkeit als auch ihrer Entstehung ein. Abschließend wird die Implementierung sowie die gewollte und erreichte Wirksamkeit der Rechtssetzungsinstrumente hinterfragt.
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Kim, Kwang-Jin. "The logic of decisions in militarized disputes the effect of regime, power, arms contorol [sic], and airpower on decision-making in militarized disputes /." Diss., Columbia, Mo. : University of Missouri-Columbia, 2007. http://hdl.handle.net/10355/4831.
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Thesis (Ph. D.)--University of Missouri-Columbia, 2007.The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on February 14, 2008) Vita. Includes bibliographical references.
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Peng, John. "A decision support system for conflict resolution." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape8/PQDD_0020/NQ38262.pdf.
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Evans, Ann, and ann evans@anu edu au. "Motherhood or abortion: Pregnancy resolution decisions of Australian teenagers." The Australian National University. Research School of Social Sciences, 2001. http://thesis.anu.edu.au./public/adt-ANU20021028.105146.
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Australia has a lower teenage fertility rate than other industrialised English-speaking countries. However, with over 11,000 births and 12,000 abortions to teenagers each year, the resolution of teenage pregnancy is an issue faced by many young Australian women.
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This research seeks to explore the factors that discriminate between those who terminate and those who continue a teenage pregnancy. To achieve this aim a survey was conducted on young ever-pregnant women throughout New South Wales and the Australian Capital Territory. The survey sought information on young womens characteristics on three different levels: individual; institutional; and societal or cultural.
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The findings suggest that, at each of the three levels proposed, there are factors that discriminate between young women who choose abortion and those who choose motherhood. At the individual level, attitudes to abortion and career aspirations were found to affect pregnancy resolution. At the institutional level factors relating to education, family, relationships and religion were found to discriminate between the two groups. Finally, at the cultural level, ethnicity and area of residence were found to be associated with pregnancy resolution, in addition to modifying the effect of characteristics at other levels.
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Balke, Ellen Louise. "A process model for dispute resolution." Thesis, London School of Economics and Political Science (University of London), 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.287862.
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Pavuluri, Manoj Kumar. "Fuzzy decision tree classification for high-resolution satellite imagery /." free to MU campus, to others for purchase, 2003. http://wwwlib.umi.com/cr/mo/fullcit?p1418056.
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Hui, Ken. "Court decisions on building contract disputes a Coasian empirical analysis /." Click to view the E-thesis via HKUTO, 2008. http://sunzi.lib.hku.hk/hkuto/record/B40988193.
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Price, Shane A. "Low-resolution screening of early stage acquisition simulation scenario development decisions." Thesis, Monterey, California. Naval Postgraduate School, 2012. http://hdl.handle.net/10945/27892.
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The United States Army and the United States Marine Corps currently use Combat XXI as their premier computer simulation for estimating the effects of the introduction of changes to unit composition and equipment on the battlefield. It is a time consuming model to produce and run, in that it represents very detailed and intricate interactions. Another similar, but less detailed computer simulation is the Dynamic Allocation of Fires and Sensors (DAFS). Instead of modeling the explicit interactions between every soldier and Marine, scenarios can be designed to focus on the effects of combat between groups of combatants. Scenarios can be developed and run faster, but with less insight into the mechanism of interactions. This thesis explores the possibility of using a low-resolution simulation as a rapid prototyping device for more arduous (and expensive) simulations to gain limited insight and assist in scenario development by contrasting a scenario developed in COMBATXXI with a similar scenario developed in DAFS.
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Iordanova, B. N. "Conflict resolution planning relevant to decision support systems for future air traffic management." Thesis, University of Huddersfield, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.323814.
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Pletti, Carolina. "The role of emotion and intentionality in moral dilemma resolution: Subjective, behavioral, and electrophysiological data." Doctoral thesis, Università degli studi di Padova, 2016. http://hdl.handle.net/11577/3424500.
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This thesis describes three studies that investigated the role of emotion in decision-making during the resolution of moral dilemmas, in which the individual is confronted with the choices of letting some people die (non utilitarian choice) or sacrificing a single person to save them (utilitarian choice). The studies presented in this thesis were aimed at testing the dual process model of moral judgment (Greene et al., 2001, 2004), according to which emotional processing plays a causal role in driving judgments and decisions in moral dilemmas, in competition with rational reasoning. The studies also focused on how the intentionality of the action involved in the decision choice interacts with emotional processing by producing different judgment and decision patterns. Moreover, in two of the three studies the neural correlates of the decision process during the resolution of the dilemmas were investigated by means of event-related potentials.
Findings from the first study showed that taking legal consequences into account during the resolution of the dilemmas doesn’t affect participants’ choices. Moreover, the percentage of utilitarian choices was lower when the sacrifice of a person is the intentional means by which more lives were saved than when it is an unintentional side effect of saving more lives, irrespective of whether legal considerations are taken into account. However, taking legal considerations into account reduces the overall emotional impact of the decision and increases the neural preparation to execute the action corresponding to the selected choice, suggesting a reduced conflict between the two options (utilitarian and non-utilitarian).
The second study showed that emotional hyporeactivity, as typical of individuals with high trait psychopathy, reduces the perceived unpleasantness experienced during the decision and increases the number of utilitarian choices, irrespective of the intentionality of the sacrifice.
The final study showed that decisions in moral dilemmas are driven by the attempt to reduce the negative emotions experienced after the decision. This study also shows that the emotional conflict between alternative options does not influence the neural preparation for action.
Overall, the results of the three studies presented in this thesis suggest that the intentionality of the sacrifice influences decisions independently of the emotional impact and legal considerations. At the same time, our findings are in line with the dual process model, as they show that emotional processing affects decisions in moral dilemmas, especially through the anticipation of the expected emotional consequences of the available options.In questa tesi sono stati descritti tre studi finalizzati ad indagare il ruolo delle emozioni nel guidare le decisioni in dilemmi morali in cui si deve decidere se sacrificare la vita di una persona per salvarne un numero maggiore (scelta utilitaristica) o lasciar morire le persone in pericolo (scelta non utilitaristica). Gli studi presentati nella tesi avevano lo scopo di testare il modello del doppio processo del giudizio morale (Greene et al., 2001, 2004), secondo il quale l'elaborazione emozionale, in competizione con il ragionamento razionale, svolge un ruolo causale nel guidare il giudizio morale e la decisione nei dilemmi morali. Inoltre, si è indagato come l’intenzionalità attribuita all’azione interagisce con l’elaborazione emozionale nell’influenzare la decisione. Infine, in questo contesto sono stati rilevati, in due dei tre studi presentati, i correlati neurali del processo decisionale, tramite la registrazione di potenziali evento-relati. I risultati del primo studio hanno mostrato che tenere in considerazione ipotetiche ripercussioni legali dell’azione durante la risoluzione di dilemmi morali non influenza né le scelte dei partecipanti. Inoltre, a prescindere dalla considerazione di conseguenze legali, quando il sacrificio di una persona era intenzionale i partecipanti hanno compiuto un minor numero di scelte utilitaristiche rispetto a quando il sacrificio di una persona era una conseguenza non voluta del salvare le persone in pericolo. Tuttavia, tenere in considerazione conseguenze legali riduce l'impatto emozionale durante la decisione e produce facilitazione corticale e maggiore prontezza all’esecuzione dell'azione corrispondente all'opzione scelta, suggerendo un minor conflitto tra le due opzioni (utilitaristica e non utilitaristica). I risultati del secondo studio hanno mostrato che la condizione di iporeattività emozionale che caratterizza individui con alti tratti di psicopatia riduce la spiacevolezza esperita durante la decisione e aumenta il numero di scelte utilitaristiche, a prescindere dall’intenzionalità con cui il sacrificio viene compiuto. I risultati dell’ultimo studio hanno mostrato che le decisioni nei dilemmi morali sono guidate dal tentativo di ridurre le emozioni negative che ci si aspetta di esperire dopo la scelta, e che il conflitto emozionale tra le due opzioni non influenza l’attività corticale che precede immediatamente l’azione. Complessivamente, i risultati di questo lavoro di tesi suggeriscono che l'intenzionalità attribuita all’azione influenza la decisione indipendentemente dall’impatto emozionale e da considerazioni di carattere legale. Parallelamente, questi dati sono in linea con il modello del doppio processo nel mostrare come l’emozione influenzi la decisione nei dilemmi morali, in particolare tramite l'anticipazione delle conseguenze emozionali delle alternative disponibili.
Books on the topic "Resolutions and decisions"
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United Nations. General Assembly. Resolutions and decisions. Pleasantville, N.Y: UNIFO Publishers, 1985.
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Reyes, Ruben T. Rainbow of justice: Supreme Court decisions and resolutions. Manila, Philippines: Supreme Court of the Philippines, 2009.
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Reyes, Ruben T. Rainbow of justice: Supreme Court decisions and resolutions. Manila, Philippines: Supreme Court of the Philippines, 2009.
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Reyes, Ruben T. Rainbow of justice: Supreme Court decisions and resolutions. Manila, Philippines: Supreme Court of the Philippines, 2009.
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Assembly, International Maritime Organization. Resolutions and other decisions (resolutions 680-732): Assembly, Seventeenth Session, 28 October - 8 November 1991. London: IMO, 1992.
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United Nations. General Assembly. Advance Text of Resolutions and Decisions adopted by the General Assembly and its 47th Session. New York: United Nations, 1993.
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States, Economic Community of West African. Protocols, decisions, resolutions, and directives relating to ECOWAS Transport Programme. Lagos, Nigeria: Executive Secretariat, ECOWAS, 1992.
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Assembly, United Nations General, United Nations. Economic and Social Council, and United Nations. Office for the Coordination of Humanitarian Affairs. Policy Development and Studies Branch, eds. Compilation of United Nations resolutions on humanitarian assistance: Selected resolutions of the General Assembly, Economic and Social Council and Security Council resolutions and decisions. [New York, N.Y.?]: OCHA Policy Development and Studies Branch, 2009.
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Philippines. Congress (1987- ). House of Representatives. Electoral Tribunal. House of Representatives Electoral Tribunal reports: Final orders, resolutions, and decisions rendered. Quezon City, Philippines: The Tribunal, 1991.
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Development, United Nations Conference on Trade and. Resolutions and Decisions. United Nations, 1992.
Find full textBook chapters on the topic "Resolutions and decisions"
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"A Search For Resolutions." In Decisions and Elections, 157–94. Cambridge University Press, 2001. http://dx.doi.org/10.1017/cbo9780511606076.007.
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"Resolutions." In Resolutions and Decisions of the Economic and Social Council, 11–95. UN, 2019. http://dx.doi.org/10.18356/cdac03aa-en.
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"Resolutions." In Resolutions and Decisions of the Economic and Social Council, 11–151. UN, 2019. http://dx.doi.org/10.18356/ae5d7dea-en.
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"Resolutions." In Resolutions and Decisions of the Economic and Social Council, 11–127. United Nations, 2021. http://dx.doi.org/10.18356/9789210045483c003.
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"Resolutions." In Resolutions and Decisions of the Economic and Social Council, 9–135. UN, 2016. http://dx.doi.org/10.18356/6e4b0baf-en.
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"Resolutions." In Resolutions and Decisions of the Economic and Social Council, 9–155. UN, 2017. http://dx.doi.org/10.18356/ea5d26b0-en.
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"Resolutions." In Resolutions and Decisions of the Economic and Social Council, 7–74. United Nations, 2021. http://dx.doi.org/10.18356/9789210053822c003.
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"Decisions." In Resolutions and Decisions Adopted by the General Assembly, 183–96. UN, 2012. http://dx.doi.org/10.18356/854bdbbb-en.
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"Decisions." In Resolutions and Decisions Adopted by the General Assembly, 167–83. UN, 2014. http://dx.doi.org/10.18356/05242d34-en.
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"Decisions." In Resolutions and Decisions Adopted by the General Assembly, 255–68. UN, 2016. http://dx.doi.org/10.18356/1085b36b-en.
Full textConference papers on the topic "Resolutions and decisions"
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Vutt, Andres, and Margit Vutt. "Adoption of Shareholder Resolutions in Post-COVID Era. Example of Estonian Law." In The 8th International Scientific Conference of the Faculty of Law of the University of Latvia. University of Latvia Press, 2022. http://dx.doi.org/10.22364/iscflul.8.2.31.
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In 2020, the COVID-19 pandemic forced the world to find the right balance between protecting health, minimizing economic and social disruption and retaining the rights of individuals. States imposed a number of restrictions in order to prevent the spread of the pandemic, including restrictions on the movement of persons and restrictions on gathering. Traditionally, shareholders' meetings of companies have been taken place in the form of physical meetings. Company law also been based on the assumption that meetings are held physically. In the new situation, it was no longer possible to hold meetings in this way, at least for some time. This forced companies to use digital solutions. The legislator was also faced with the question of how to resolve this situation. Different countries reacted differently in order to find company law solutions. In Estonia, new rules were adopted in May 2020 that allowed legal persons to adopt decisions using digital solutions, among other things, it is allowed to make decisions in a full virtual meeting. The central question in the way companies make decisions is whether the use of virtual solutions is possible, but whether the law provides companies with sufficiently flexible options, which would enable decisions to be taken in the light of the specificities and needs of each company and whether such practices ensure the exercise of shareholders' rights. This article analyses whether and how these objectives have been achieved in Estonian law. There are three ways to adopt company’s resolutions in Estonia: a meeting, a written resolution or a vote by letter. Meetings can take place physically, virtually or in a hybrid form. It is not possible to infringe the rights of the shareholder in making a written resolution, since if such a method is used, the resolution decision is adopted only if all shareholders agree. In the case of voting by letter, the law does not take into account the fact that in a shareholder of a public limited company has the right to receive information from directors only at the general meeting. Therefore, the future case-law must lay down the principles of communication between the shareholder and the public limited company in the situation when the resolution has been adopted by using such option. The law stipulates that if digital means are used to hold a meeting, shareholders must be guaranteed all the same rights as they have in the event of a physical meeting. Since these rules have been in force only for a short period of time, there are no court cases based on them. Although the legal literature has been expressed some views on the use of digital solutions, it is not yet known how the courts will resolve these issues if disputes arise.
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Gubaidullina, E. H., and I. A. Tsirulina. "The legal nature of the resolutions of the Plenum of the Supreme Court of the Russian Federation: a place in the legal system of the Russian Federation." In II All-Russian Scientific Conference "Science, Technology, Society". Krasnoyarsk Science and Technology City Hall, 2022. http://dx.doi.org/10.47813/nto.2.2022.5.258-264.
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The article deals with the problems of determining the legal nature of the decisions of the plenum of the Supreme Court of the Russian Federation and their place in the legal system of the Russian Federation. It is pointed out that it is necessary to specify at the legislative level the meaning of the judicial precedent. It is concluded that the resolutions of the Plenum of the Supreme Court of the Russian Federation clarify the meaning of legal norms, taking into account their most optimal, subsequent application in the process of implementing justice. The resolution of the Plenum of the Supreme Court of the Russian Federation, first of all, is a judicial, not a legislative act. He generalizes the practice, sets the vector of its development, but does not create anything. The specification of legal norms and elements of the legal system is only a form of interpretation of legal norms, but does not create new legal relations.
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Busetti, Seth, Vladimir Kazei, and Harold Merry. "Assessing Geological Deformation Using Distributed Fiber Optic Sensing." In Middle East Oil, Gas and Geosciences Show. SPE, 2023. http://dx.doi.org/10.2118/213495-ms.
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Abstract This work presents a conceptual framework for assessing geological deformation using distributed fiber optic sensing that is applicable to several common sources of strain encountered during the reservoir lifecycle. Common applications include strain associated with seismic and aseismic fault motion, natural and hydraulic fracture dilation and closure, as well as poro-elastic strain evolution during injection and production. We briefly review the main fiber-based techniques for recording geological sources of strain and highlight key deformation characteristics at different spatial and temporal resolutions. The relationships between common acquisition parameters such as spatial resolution, data sampling rate, ability to measure relative and absolute strain, and a priori knowledge of geological strain including the availability of baseline measurements are discussed. A few examples are shown from experimental studies at the Houston Aramco Research Center. Using these insights as a conceptual framework for assessing geological deformation leads to more informed decisions when planning distributed fiber optic sensing acquisitions and interpreting associated strain data.
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Doloi, Nandita, Somnath Ghosh, and Jyoti Phirani. "Super-Resolution Reconstruction of Reservoir Saturation Map with Physical Constraints Using Generative Adversarial Network." In SPE Reservoir Characterisation and Simulation Conference and Exhibition. SPE, 2023. http://dx.doi.org/10.2118/212611-ms.
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Abstract Complete physics-based numerical simulations currently provide the most accurate approach for predicting fluid flow behavior in geological reservoirs. However, the amount of computational resources required to perform these simulations increase exponentially with the increase in resolution to the point that they are infeasible. Therefore, a common practice is to upscale the reservoir model to reduce the resolution such that numerous simulations, as required, can be performed within a reasonable time. The problem we are trying to solve here is that the simulation results from these upscaled models, although they provide a zoomed-out and global view of the reservoir dynamics, however, they lack a detailed zoomed-in view of a local region in the reservoir, which is required to take actionable decisions. This work proposes using super-resolution techniques, recently developed using machine learning methods, to obtain fine-scale flow behavior given flow behavior from a low-resolution simulation of an upscaled-reservoir model. We demonstrate our model on a two-phase, deal-oil, and heterogenous oil reservoir, and we reconstruct the oil saturation map of the reservoir. We also demonstrate how the network can be trained using dynamic coarse geological properties at various resolutions. The findings imply that even when coarse geological features and with limited resolution, the super-resolution reconstructions are able to recreate missing information that is close to the ground facts.
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Likanapaisal, P., L. Lun, P. Krishnamurthy, and K. Kohli. "Understanding Subsurface Uncertainty for Carbon Storage in Saline Aquifers: PVT, SCAL, and Grid-Size Sensitivity." In SPE Annual Technical Conference and Exhibition. SPE, 2023. http://dx.doi.org/10.2118/215149-ms.
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Abstract Subsurface uncertainty has a great deal of impact on the development of oil and gas reservoirs, as demonstrated through decades of industry experience. Understanding uncertainty to facilitate robust business decisions across potential scenarios is the cornerstone of successful field development. Although carbon storage is also subject to subsurface uncertainty, the phenomena that impact storage efficiency may not be the same as those influencing oil and gas production. The objectives of this study are to utilize reservoir simulation to Investigate how rock and fluid properties affect CO2 plume size, migration, and trapping mechanisms during- and post-injection, Perform grid size sensitivity to define resolution requirements, and Quantify the impacts of coarse simulation grid and the requirements of monitoring resolution. We present how reservoir conditions (i.e., temperature, pressure, and salinity) affect fluid properties and carbon storage performance. Reservoir temperature and pressure are considered both independently and together along geothermal gradients. A similar investigation also provides the sensitivity result based on varying SCAL (i.e., relative permeability and capillary pressure) parameters. For the grid size sensitivity, the findings demonstrate that an accurate plume size requires a fine vertical grid resolution, while the areal grid resolution impacts the dissolution rate. We make gridding scheme recommendations for reliable predictions based on these findings. We also analyze the result to quantify the error due to coarser grid size and the requirements for appropriate monitoring resolutions. The results from the sensitivity study can help categorize storage site potential. The grid size study provides crucial information to develop reservoir simulation best practices in evaluating carbon storage candidates. Another aspect of a carbon storage operation is the monitoring plan to ensure the containment of the injected CO2. Since the geometry of the plume continues to evolve post-injection, the simulated predictions can guide the selection of monitoring technology with appropriate resolution necessary to capture the CO2 plume at various timeframes.
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Doan Van, Bau. "TRAINING HIGH-QUALITY HUMAN RESOURCES - A STRATEGIC FOCUS FOR SUSTAINABLE DEVELOPMENT." In International Conference on Political Theory: The International Conference on Human Resources for Sustainable Development. Bach Khoa Publishing House, 2023. http://dx.doi.org/10.51316/icpt.hust.2023.91.
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"It can be said that the Communist Party of Vietnam always identifies people as the central position. Therefore, consistent in its views, in the documents and resolutions of the 13th Congress, it has been determined: First, identify the three breakthrough stages of the strategy. Developing high-quality human resources is one of the important strategic breakthroughs to ensure the construction of Vietnam by 2045 into a developed country with high income following a Socialism orientation. This is one of the very important and urgent decisions. The Social Party determines to train high-quality human resources to meet the increasing need for integration in the context of the fourth industrial revolution taking place very quickly. This is a very important breakthrough; therefore, at the recent 8th Central Conference of the Communist Party of Vietnam, we focused on discussing a very important resolution signed in November 2023. That is Resolution No. 45, related to continuing to build and promote the role of the intellectual class to meet the requirements of rapid and sustainable national development. Today, I am very grateful to come to the conference. I highly appreciate the Organizing Committee for inviting international and Vietnamese scientists, managers, and experts. During the conference, we hope to listen to the experiences, lessons, and initiatives of scientists and international organizations for us to continue researching and synthesizing. On that basis, we will advise the Party to continue making policies and recommendations, as well as direct the State to promulgate laws to achieve the goals set out in Resolution No. 45. The goal is to have high-quality human resources to develop the country until 2045. With such expectations, we wish our conference great success, we wish opinions and experiences enriching theories and practices in the process of developing high-quality human resources in Vietnam."
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Jayadi, Hendri. "Legal Certainty Implementation of Arbitration Decisions in Indonesia." In Arbitration and Alternative Dispute Resolution International Conference (ADRIC 2019). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.200917.003.
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Gragg, Evan, Samuel Fluckiger, and Shannon Borchardt. "Linking High Resolution Geomechanical Datasets to Log Scale via Machine Learning." In 57th U.S. Rock Mechanics/Geomechanics Symposium. ARMA, 2023. http://dx.doi.org/10.56952/arma-2023-0163.
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ABSTRACT Multiscale datasets have long been difficult to integrate within the geosciences. We showcase workflows that leverage machine learning methods to integrate data from multiple scales including high resolution core scans, core plugs and log measurements. The trained models generate continuous elastic and rock strength curves at high resolution that are then retrained for log scale application. The result of this nested machine learning approach is the creation of log scale predictions of geomechanical properties. The data are based on four pilot wells with advanced open hole log suites, core, fine scale compositional, and high-resolution impulse hammer data. The mechanical parameters considered include unconfined compressive strength, friction angle, toughness, Young's modulus, Poisson ratio, and Biot coefficient with most measurements considering transverse isotropy. Predictions were tested against core data sets where regression scores, normalized prediction error distributions, exploratory data analysis, and blind expert interpretation were used to decide the final groupings of models and methods. We found this workflow allowed circumvention of the classical need to conduct dynamic to static elastic property conversions. Utilizing the data through this unique workflow can help operators improve their geomechanical models in unconventional reservoirs to make key landing zone, drilling and hydraulic fracture design decisions. INTRODUCTION In this paper, we aim to showcase workflows, methods, and practices for tying high resolution mechanical and compositional data sets to the log scale. To accomplish this, we utilize open hole log suites including - sonic, gamma ray, neutron porosity, resistivity, and bulk density measurements paired with AutoScan and mechanical core test data collected over four pilot wells in Texas. The AutoScan data are generated by New England Research, Inc. and contains high resolution acoustic, mechanical and mineralogical information scanned over core butts at the mm-cm scale (Ahmadov and Boitnott, 2019). Many researchers have highlighted multi-scale heterogeneities and the important impact they can have on hydrocarbon resource assessments in unconventional plays (Ferrill et al., 2017, Abell and Sassen, 2020, Hyrb et al., 2020, Gonzalez et al., 2021). The evaluation and incorporation of sub-log scale geologic variations into earth models and simulators has been a computational challenge (Dontsov, 2017, Hyrb et al., 2020). Upscaling workflows typically start at the log scale and do not capture information below the individual resolutions of sonic, density, gamma ray, and resistivity measurements. Whilst some high tier-high resolution logging tools like image and dielectric produce data at the cm scale, the data are often expensive to collect and spatially scarce at reservoir/basin scales. It is therefore useful to develop models using machine learning (ML) techniques that can leverage well logs with a preponderance of data spatially while incorporating information from high resolution core scans and core plug data sets. For this analysis, we are particularly interested in mechanical and rock strength heterogeneities including unconfined compressive strength, friction angle, fracture toughness, Young's modulus, Poisson ratio, and Biot coefficient. The parameters in this study are measured both vertical and horizontal to bedding via laboratory core testing and allow us to account for vertically transverse isotropic (VTI) media. VTI is commonly present in shale plays and important to account for (Sayers and Boer, 2016). Mechanical heterogeneities are believed to impact both the stimulated rock volumes (SRVs), fracture conductivity and hence drained rock volumes (DRVs) within reservoirs (Abell et al., 2021 and Zhai et al., 2022). Therefore, understanding the spatial variations of these geomechanical properties is vital to many reservoir characterization workflows. To accomplish this, we evaluated and applied nested ML techniques to predict properties, analyzed hundreds of sensitivities, and benchmarked outputs to select the most robust models.
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Tymons, Tobben, Glyn Roberts, and Duncan Troup. "Combined Video and Ultrasonic Measurements for Fracture Diagnostics – Greater Than the Sum of the Parts." In SPE Hydraulic Fracturing Technology Conference and Exhibition. SPE, 2023. http://dx.doi.org/10.2118/212322-ms.
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Abstract Downhole imaging technology has been widely utilized in recent years to help diagnose proppant distribution during hydraulic fracturing operations. Abrasion leading to entry hole enlargement provides strong evidence of proppant placement into individual perforations, and treatment volume can be inferred by measuring the magnitude of this erosion. Results from individual perforations are easily aggregated to cluster and stage level to provide information on overall treatment distribution. Two different technologies have been deployed for this purpose – an array of downhole video cameras able to capture a full 360 view of the borehole and, more recently, multi-transducer ultrasonic instruments. These services have been considered competitors, and arguments for and against both technologies have included their relative measurement resolutions and how this impacts result accuracy, along with sensitivity to ‘stick and slip’ effects on toolstring motion. Both technologies are also affected to differing degrees by the well fluid and the presence of diverters and proppant in perforations. The recent introduction of a toolstring able to simultaneously acquire images from both sensor types affords the opportunity to objectively compare results acquired under identical conditions and establish their merits and limitations. The paper considers the underlying physical principles of each of the measurements and reviews in detail the real world results from North American wells that have been logged using both technologies. The aim of the paper is to provide a more complete understanding of the technologies involved, and how they can be viewed as complementary rather than competitive when they are run simultaneously, allowing potential users to make fully informed decisions on when, why and how to deploy them. We will also demonstrate how the information derived from simultaneous application is of greater value than that derived from the individual technologies in isolation, and how this can be applied to further enhance completion design and frac execution for unconventional wells.
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Kuster, Mark. "Resolving Resolution Uncertainty." In NCSL International Workshop & Symposium. NCSL International, 2014. http://dx.doi.org/10.51843/wsproceedings.2014.26.
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ANSI/NCSLI Z540.3 redefined the “test uncertainty ratio” measurement quality metric as a ratio of maximum permissible error to measurement process uncertainty. The definition engendered some immediate and lingering controversy. Much of this disagreement stems from inconvenience: Including uncertainty components from the unit under test (UUT) clouds conformance decisions when an instrument’s maximum permissible error (MPE) specification falls near its repeatability or resolution limits. The TUR then apparently loses its value as a simple measurement process validation. Some practitioners view UUT error contributions a simple reality to address in calibration processes, others consider such inclusions, at least in some circumstances, a logical fallacy. Unfortunately, differing opinions also arise between laboratory assessors and, by implication, between accreditation bodies. This paper neutrally reviews the problem from first principles and evaluates the two positions in terms of measurement decision risk. The paper also discusses measurement methods that mitigate the problem.
Reports on the topic "Resolutions and decisions"
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Lewis, Dustin, Radhika Kapoor, and Naz Modirzadeh. Advancing Humanitarian Commitments in Connection with Countering Terrorism: Exploring a Foundational Reframing concerning the Security Council. Harvard Law School Program on International Law and Armed Conflict, December 2021. http://dx.doi.org/10.54813/uzav2714.
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The imperative to provide humanitarian and medical services on an urgent basis in armed conflicts is anchored in moral tenets, shared values, and international rules. States spend tens of billions of dollars each year to help implement humanitarian programs in conflicts across the world. Yet, in practice, counterterrorism objectives increasingly prevail over humanitarian concerns, often resulting in devastating effects for civilian populations in need of aid and protection in war. Not least, confusion and misapprehensions about the power and authority of States relative to the United Nations Security Council to set policy preferences and configure legal obligations contribute significantly to this trajectory. In this guide for States, we present a framework to reconfigure relations between these core commitments by assessing the counterterrorism architecture through the lens of impartial humanitarianism. We aim in particular to provide an evidence base and analytical frame for States to better grasp key legal and policy issues related to upholding respect for principled humanitarian action in connection with carrying out the Security Council’s counterterrorism decisions. We do so because the lack of knowledge regarding interpretation and implementation of counterterrorism resolutions matters for the coherence, integrity, and comprehensiveness of humanitarian policymaking and protection of the humanitarian imperative. In addition to analyzing foundational concerns and evaluating discernible behaviors and attitudes, we identify avenues that States may take to help achieve pro-humanitarian objectives. We also endeavor to help disseminate indications of, and catalyze, States’ legally relevant positions and practices on these issues. In section 1, we introduce the guide’s impetus, objectives, target audience, and structure. We also describe the methods that we relied on and articulate definitions for key terms. In section 2, we introduce key legal actors, sources of law, and the notion of international legal responsibility, as well as the relations between international and national law. Notably, Security Council resolutions require incorporation into national law in order to become effective and enforceable by internal administrative and judicial authorities. In section 3, we explain international legal rules relevant to advancing the humanitarian imperative and upholding respect for principled humanitarian action, and we sketch the corresponding roles of humanitarian policies, programs, and donor practices. International humanitarian law (IHL) seeks to ensure — for people who are not, or are no longer, actively participating in hostilities and whose needs are unmet — certain essential supplies, as well as medical care and attention for the wounded and sick. States have also developed and implemented a range of humanitarian policy frameworks to administer principled humanitarian action effectively. Further, States may rely on a number of channels to hold other international actors to account for safeguarding the humanitarian imperative. In section 4, we set out key theoretical and doctrinal elements related to accepting and carrying out the Security Council’s decisions. Decisions of the Security Council may contain (binding) obligations, (non-binding) recommendations, or a combination of the two. UN members are obliged to carry out the Council’s decisions. Member States retain considerable interpretive latitude to implement counterterrorism resolutions. With respect to advancing the humanitarian imperative, we argue that IHL should represent a legal floor for interpreting the Security Council’s decisions and recommendations. In section 5, we describe relevant conduct of the Security Council and States. Under the Resolution 1267 (1999), Resolution 1989 (2011), and Resolution 2253 (2015) line of resolutions, the Security Council has established targeted sanctions as counterterrorism measures. Under the Resolution 1373 (2001) line of resolutions, the Security Council has adopted quasi-“legislative” requirements for how States must counter terrorism in their national systems. Implementation of these sets of resolutions may adversely affect principled humanitarian action in several ways. Meanwhile, for its part, the Security Council has sought to restrict the margin of appreciation of States to determine how to implement these decisions. Yet international law does not demand that these resolutions be interpreted and implemented at the national level by elevating security rationales over policy preferences for principled humanitarian action. Indeed, not least where other fields of international law, such as IHL, may be implicated, States retain significant discretion to interpret and implement these counterterrorism decisions in a manner that advances the humanitarian imperative. States have espoused a range of views on the intersections between safeguarding principled humanitarian action and countering terrorism. Some voice robust support for such action in relation to counterterrorism contexts. A handful call for a “balancing” of the concerns. And some frame respect for the humanitarian imperative in terms of not contradicting counterterrorism objectives. In terms of measures, we identify five categories of potentially relevant national counterterrorism approaches: measures to prevent and suppress support to the people and entities involved in terrorist acts; actions to implement targeted sanctions; measures to prevent and suppress the financing of terrorism; measures to prohibit or restrict terrorism-related travel; and measures that criminalize or impede medical care. Further, through a number of “control dials” that we detect, States calibrate the functional relations between respect for principled humanitarian action and countering terrorism. The bulk of the identified counterterrorism measures and related “control dials” suggests that, to date, States have by and large not prioritized advancing respect for the humanitarian imperative at the national level. Finally, in section 6, we conclude by enumerating core questions that a State may answer to help formulate and instantiate its values, policy commitments, and legal positions to secure respect for principled humanitarian action in relation to counterterrorism contexts.
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Ossoff, Will, Naz Modirzadeh, and Dustin Lewis. Preparing for a Twenty-Four-Month Sprint: A Primer for Prospective and New Elected Members of the United Nations Security Council. Harvard Law School Program on International Law and Armed Conflict, December 2020. http://dx.doi.org/10.54813/tzle1195.
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Under the United Nations Charter, the U.N. Security Council has several important functions and powers, not least with regard to taking binding actions to maintain international peace and security. The ten elected members have the opportunity to influence this area and others during their two-year terms on the Council. In this paper, we aim to illustrate some of these opportunities, identify potential guidance from prior elected members’ experiences, and outline the key procedures that incoming elected members should be aware of as they prepare to join the Council. In doing so, we seek in part to summarize the current state of scholarship and policy analysis in an effort to make this material more accessible to States and, particularly, to States’ legal advisers. We drafted this paper with a view towards States that have been elected and are preparing to join the Council, as well as for those States that are considering bidding for a seat on the Council. As a starting point, it may be warranted to dedicate resources for personnel at home in the capital and at the Mission in New York to become deeply familiar with the language, structure, and content of the relevant provisions of the U.N. Charter. That is because it is through those provisions that Council members engage in the diverse forms of political contestation and cooperation at the center of the Council’s work. In both the Charter itself and the Council’s practices and procedures, there are structural impediments that may hinder the influence of elected members on the Security Council. These include the permanent members’ veto power over decisions on matters not characterized as procedural and the short preparation time for newly elected members. Nevertheless, elected members have found creative ways to have an impact. Many of the Council’s “procedures” — such as the “penholder” system for drafting resolutions — are informal practices that can be navigated by resourceful and well-prepared elected members. Mechanisms through which elected members can exert influence include the following: Drafting resolutions; Drafting Presidential Statements, which might serve as a prelude to future resolutions; Drafting Notes by the President, which can be used, among other things, to change Council working methods; Chairing subsidiary bodies, such as sanctions committees; Chairing the Presidency; Introducing new substantive topics onto the Council’s agenda; and Undertaking “Arria-formula” meetings, which allow for broader participation from outside the Council. Case studies help illustrate the types and degrees of impact that elected members can have through their own initiative. Examples include the following undertakings: Canada’s emphasis in 1999–2000 on civilian protection, which led to numerous resolutions and the establishment of civilian protection as a topic on which the Council remains “seized” and continues to have regular debates; Belgium’s effort in 2007 to clarify the Council’s strategy around addressing natural resources and armed conflict, which resulted in a Presidential Statement; Australia’s efforts in 2014 resulting in the placing of the North Korean human rights situation on the Council’s agenda for the first time; and Brazil’s “Responsibility while Protecting” 2011 concept note, which helped shape debate around the Responsibility to Protect concept. Elected members have also influenced Council processes by working together in diverse coalitions. Examples include the following instances: Egypt, Japan, New Zealand, Spain, and Uruguay drafted a resolution that was adopted in 2016 on the protection of health-care workers in armed conflict; Cote d’Ivoire, Kuwait, the Netherlands, and Sweden drafted a resolution that was adopted in 2018 condemning the use of famine as an instrument of warfare; Malaysia, New Zealand, Senegal, and Venezuela tabled a 2016 resolution, which was ultimately adopted, condemning Israeli settlements in Palestinian territory; and A group of successive elected members helped reform the process around the imposition of sanctions against al-Qaeda and associated entities (later including the Islamic State of Iraq and the Levant), including by establishing an Ombudsperson. Past elected members’ experiences may offer some specific pieces of guidance for new members preparing to take their seats on the Council. For example, prospective, new, and current members might seek to take the following measures: Increase the size of and support for the staff of the Mission to the U.N., both in New York and in home capitals; Deploy high-level officials to help gain support for initiatives; Partner with members of the P5 who are the informal “penholder” on certain topics, as this may offer more opportunities to draft resolutions; Build support for initiatives from U.N. Member States that do not currently sit on the Council; and Leave enough time to see initiatives through to completion and continue to follow up after leaving the Council.
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Lewis, Dustin, and Naz Modirzadeh. Taking into Account the Potential Effects of Counterterrorism Measures on Humanitarian and Medical Activities: Elements of an Analytical Framework for States Grounded in Respect for International Law. Harvard Law School Program on International Law and Armed Conflict, May 2021. http://dx.doi.org/10.54813/qbot8406.
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For at least a decade, States, humanitarian bodies, and civil-society actors have raised concerns about how certain counterterrorism measures can prevent or impede humanitarian and medical activities in armed conflicts. In 2019, the issue drew the attention of the world’s preeminent body charged with maintaining or restoring international peace and security: the United Nations Security Council. In two resolutions — Resolution 2462 (2019) and Resolution 2482 (2019) — adopted that year, the Security Council urged States to take into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities, including medical activities, that are carried out by impartial humanitarian actors in a manner consistent with international humanitarian law (IHL). By implicitly recognizing that measures adopted to achieve one policy objective (countering terrorism) can impair or prevent another policy objective (safeguarding humanitarian and medical activities), the Security Council elevated taking into account the potential effects of certain counterterrorism measures on exclusively humanitarian activities to an issue implicating international peace and security. In this legal briefing, we aim to support the development of an analytical framework through which a State may seek to devise and administer a system to take into account the potential effects of counterterrorism measures on humanitarian and medical activities. Our primary intended audience includes the people involved in creating or administering a “take into account” system and in developing relevant laws and policies. Our analysis zooms in on Resolution 2462 (2019) and Resolution 2482 (2019) and focuses on grounding the framework in respect for international law, notably the U.N. Charter and IHL. In section 1, we introduce the impetus, objectives, and structure of the briefing. In our view, a thorough legal analysis of the relevant resolutions in their wider context is a crucial element to laying the conditions conducive to the development and administration of an effective “take into account” system. Further, the stakes and timeliness of the issue, the Security Council’s implicit recognition of a potential tension between measures adopted to achieve different policy objectives, and the relatively scant salient direct practice and scholarship on elements pertinent to “take into account” systems also compelled us to engage in original legal analysis, with a focus on public international law and IHL. In section 2, as a primer for readers unfamiliar with the core issues, we briefly outline humanitarian and medical activities and counterterrorism measures. Then we highlight a range of possible effects of the latter on the former. Concerning armed conflict, humanitarian activities aim primarily to provide relief to and protection for people affected by the conflict whose needs are unmet, whereas medical activities aim primarily to provide care for wounded and sick persons, including the enemy. Meanwhile, for at least several decades, States have sought to prevent and suppress acts of terrorism and punish those who commit, attempt to commit, or otherwise support acts of terrorism. Under the rubric of countering terrorism, States have taken an increasingly broad and diverse array of actions at the global, regional, and national levels. A growing body of qualitative and quantitative evidence documents how certain measures designed and applied to counter terrorism can impede or prevent humanitarian and medical activities in armed conflicts. In a nutshell, counterterrorism measures may lead to diminished or complete lack of access by humanitarian and medical actors to the persons affected by an armed conflict that is also characterized as a counterterrorism context, or those measures may adversely affect the scope, amount, or quality of humanitarian and medical services provided to such persons. The diverse array of detrimental effects of certain counterterrorism measures on humanitarian and medical activities may be grouped into several cross-cutting categories, including operational, financial, security, legal, and reputational effects. In section 3, we explain some of the key legal aspects of humanitarian and medical activities and counterterrorism measures. States have developed IHL as the primary body of international law applicable to acts and omissions connected with an armed conflict. IHL lays down several rights and obligations relating to a broad spectrum of humanitarian and medical activities pertaining to armed conflicts. A violation of an applicable IHL provision related to humanitarian or medical activities may engage the international legal responsibility of a State or an individual. Meanwhile, at the international level, there is no single, comprehensive body of counterterrorism laws. However, States have developed a collection of treaties to pursue specific anti-terrorism objectives. Further, for its part, the Security Council has assumed an increasingly prominent role in countering terrorism, including by adopting decisions that U.N. Member States must accept and carry out under the U.N. Charter. Some counterterrorism measures are designed and applied in a manner that implicitly or expressly “carves out” particular safeguards — typically in the form of limited exceptions or exemptions — for certain humanitarian or medical activities or actors. Yet most counterterrorism measures do not include such safeguards. In section 4, which constitutes the bulk of our original legal analysis, we closely evaluate the two resolutions in which the Security Council urged States to take into account the effects of (certain) counterterrorism measures on humanitarian and medical activities. We set the stage by summarizing some aspects of the legal relations between Security Council acts and IHL provisions pertaining to humanitarian and medical activities. We then analyze the status, consequences, and content of several substantive elements of the resolutions and what they may entail for States seeking to counter terrorism and safeguard humanitarian and medical activities. Among the elements that we evaluate are: the Security Council’s new notion of a prohibited financial “benefit” for terrorists as it may relate to humanitarian and medical activities; the Council’s demand that States comply with IHL obligations while countering terrorism; and the constituent parts of the Council’s notion of a “take into account” system. In section 5, we set out some potential elements of an analytical framework through which a State may seek to develop and administer its “take into account” system in line with Resolution 2462 (2019) and Resolution 2482 (2019). In terms of its object and purpose, a “take into account” system may aim to secure respect for international law, notably the U.N. Charter and IHL pertaining to humanitarian and medical activities. In addition, the system may seek to safeguard humanitarian and medical activities in armed conflicts that also qualify as counterterrorism contexts. We also identify two sets of preconditions arguably necessary for a State to anticipate and address relevant potential effects through the development and execution of its “take into account” system. Finally, we suggest three sets of attributes that a “take into account” system may need to embody to achieve its aims: utilizing a State-wide approach, focusing on potential effects, and including default principles and rules to help guide implementation. In section 6, we briefly conclude. In our view, jointly pursuing the policy objectives of countering terrorism and safeguarding humanitarian and medical activities presents several opportunities, challenges, and complexities. International law does not necessarily provide ready-made answers to all of the difficult questions in this area. Yet devising and executing a “take into account” system provides a State significant opportunities to safeguard humanitarian and medical activities and counter terrorism while securing greater respect for international law.
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Tversky, Amos. Decision Under Conflict: Resolution and Confidence in Judgment and Choice. Fort Belvoir, VA: Defense Technical Information Center, August 1992. http://dx.doi.org/10.21236/ada254495.
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Tversky, Amos. Decision under Conflict: Resolution and Confidence in Judgment and Choice. Fort Belvoir, VA: Defense Technical Information Center, January 1990. http://dx.doi.org/10.21236/ada218359.
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Suir, Glenn, Christina Saltus, and Sam Jackson. Remote Assessment of Swamp and Bottomland Hardwood Habitat Condition in the Maurepas Diversion Project Area. Engineer Research and Development Center (U.S.), August 2021. http://dx.doi.org/10.21079/11681/41563.
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This study used high spatial resolution satellite imagery to identify and map Bottomland Hardwood (BLH) BLH and swamp within the Maurepas Diversion Project area and use Light Detection and Ranging (Lidar) elevation data, vegetation indices, and established stand-level thresholds to evaluate the condition of forested habitat. The Forest Condition methods and data developed as part of this study provide a remote sensing-based supplement to the field-based methods used in previous studies. Furthermore, several advantages are realized over traditional methods including higher resolution products, repeatability, improved coverage, and reduced effort and cost. This study advances previous methods and provides products useful for informing ecosystem decision making related to environmental assessments.
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Lefevre, Randy J., Frank H. Ruggiero, and Kevin P. Roe. Impacts of Numerical Weather Prediction Spatial Resolution on an Atmospheric Decision Aid for Directed Energy Weapon Systems. Fort Belvoir, VA: Defense Technical Information Center, April 2004. http://dx.doi.org/10.21236/ada423573.
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Lenhardt, Amanda. Progress Towards Meaningful Women’s Participation in Conflict Prevention and Peacebuilding Decision-makingt prevention and peacebuilding decision-making. Institute of Development Studies, December 2021. http://dx.doi.org/10.19088/k4d.2022.044.
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The Women, Peace and Security or Gender Peace and Security (WPS/GPS) agenda has expanded significantly over the 20+ years of concerted efforts at many levels to expand the role of women in conflict resolution and peacebuilding. Yet many authors note that the expansion of international agreements and national plans to support greater women’s participation in decision-making have yet to translate into concrete changes. This report examines progress in promoting women’s meaningful participation in decision making processes in conflict prevention and peacebuilding, with a focus on changes since 2018. Evidence on women’s meaningful participation in decision-making tends to focus on a small range of measurable outcomes with some studies considering the outcomes of women’s involvement in those processes to determine the extent to which they might be ‘meaningful’. Few studies examine differential outcomes of such initiatives for different groups of women, and most data does not allow for the disaggregation of intersecting identities between gender, ethnicity, race, disability, migration status and other key factors. Evidence collected for this report suggests that policies and programmes seeking to support greater women’s participation in decision-making in conflict prevention and peacebuilding often struggle to address the broader structural factors that inhibit women’s empowerment. Tackling longstanding and often deeply embedded harmful social norms has proven challenging across sectors, and in conflict or post-conflict settings with highly complex social dynamics, this can be especially difficult. Many of the issues highlighted in the literature as hindering progress on the WPS agenda relate to cross-cutting issues at the heart of gender inequality. Multiple authors from within women’s movements in conflict and post-conflict settings emphasise the need for policies and programmes that support women to act as agents of change in their own communities and which amplify their voices rather than speak on their behalf. Recent achievements in South Sudan and the Pacific region are indicative of the potential of women’s movements to affect change in conflict prevention and peacebuilding and suggest progress is being made in some areas, though gender equality in these processes may be a long way off.
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Temple, Dorota S., Jason S. Polly, Meghan Hegarty-Craver, James I. Rineer, Daniel Lapidus, Kemen Austin, Katherine P. Woodward, and Robert H. Beach III. The View From Above: Satellites Inform Decision-Making for Food Security. RTI Press, August 2019. http://dx.doi.org/10.3768/rtipress.2019.rb.0021.1908.
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Despite notable progress in reducing global poverty and hunger in recent decades, about one out of nine people in the world suffers from hunger and malnutrition. Stakeholders charged with making decisions pertaining to agricultural production, development priorities, and policies at a region-to-country scale require quantitative and up-to-date information on the types of crops being cultivated, the acreage under cultivation, and crop yields. However, many low- and middle-income countries lack the infrastructure and resources for frequent and extensive agricultural field surveys to obtain this information. Technology supports a change of paradigm. Traditional methods of obtaining agricultural information through field surveys are increasingly being augmented by images of the Earth acquired through sensors placed on satellites. The continued improvement in the resolution of satellite images, the establishment of open-access infrastructure for processing of the images, and the recent revolutionary progress in artificial intelligence make it feasible to obtain the information at low cost and in near-to-real time. In this brief, we discuss the use of satellite images to provide information about agricultural production in low-income countries, and we comment on research challenges and opportunities. We highlight the near-term potential of the methodology in the context of Rwanda, a country in sub-Saharan Africa whose government has recognized early the value of information technology in its strategic planning for food security and sustainability.
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Dopfer, Jaqui. Öffentlichkeitsbeteiligung bei diskursiven Konfliktlösungsverfahren auf regionaler Ebene. Potentielle Ansätze zur Nutzung von Risikokommunikation im Rahmen von e-Government. Sonderforschungsgruppe Institutionenanalyse, 2003. http://dx.doi.org/10.46850/sofia.3933795605.
Full textAbstract:
Whereas at the end of the 20th century there were still high expectations associated with the use of new media in terms of a democratisation of social discourse and new potential for citizens to participate in political decision-making, disillusionment is now spreading. Even today, the internet is often seen only as a technical tool for the transmission of information and communication, which serves as a structural supplement to "real" discourse and decision-making processes. In fact, however, the use of new media can open up additional, previously non-existent possibilities for well-founded and substantial citizen participation, especially at regional and supra-regional level. According to the results of this study, the informal, mediative procedures for conflict resolution in the context of high-risk planning decisions, which are now also increasingly used at the regional level, have two main problem areas. Firstly, in the conception and design chosen so far, they do not offer citizens direct access to the procedure. Citizens are given almost no opportunities to exert substantial influence on the content and procedure of the process, or on the solutions found in the process. So far, this has not been remedied by the use of new media. On the other hand, it is becoming apparent that the results negotiated in the procedure are not, or only inadequately, reflected in the subsequent sovereign decision. This means that not only valuable resources for identifying the problem situation and for integrative problem-solving remain unused, but it is also not possible to realise the effects anticipated with the participation procedures within the framework of context or reflexive self-management. With the aim of advancing the development of institutionally oriented approaches at the practice level, this study discusses potential solutions at the procedural level. This takes into account legal implications as well as the action logics, motives and intentions of the actors involved and aims to improve e-government structures. It becomes evident that opening up informal participation procedures for citizen participation at the regional level can only be realised through the (targeted) use of new media. However, this requires a fundamentally new approach not only in the participation procedures carried out but also, for example, in the conception of information or communication offerings. Opportunities for improving the use of the results obtained from the informal procedures in the (sovereign) decision-making process as well as the development of potentials in the sense of stronger self-control of social subsystems are identified in a stronger interlinking of informal and sovereign procedures. The prerequisite for this is not only the establishment of suitable structures, but above all the willingness of decision-makers to allow citizens to participate in decision-making, as well as the granting of participation opportunities and rights that go beyond those previously granted in sovereign procedures.