Literatura académica sobre el tema "Effective/Genuine link"

When discussing ‘golden passports’, modern-day academics and practitioners frequently and erroneously cite Nottebohm to claim that international law demands a ‘genuine link’ to grant nationality. Despite Nottebohm's central status in international law, such a view misrepresents the ruling of the majority of the International Court of Justice in the 1955 case. Nottebohm does indeed open very effective avenues to address some of the legal issues derived from citizenship-for-sale schemes, but not as is often assumed. This article reflects instead on Nottebohm's insightful distinction between the competence to grant a nationality, and the effects due under international law norms to that new nationality by third States. On that basis, the article proposes a number of options working within the bounds of international and EU law to protect those third States from some of the undesired trans-boundary effects of golden passports.

This article highlights already working of Alternative Dispute Resolution (ADR) in existing laws of Pakistan and mentions the provisions in which Alternative Dispute Resolution (ADR) is already available in various federal as well as provincial laws of Pakistan, but unluckily has not been applied or followed properly and new legislations have been enacted. There is only a need to create awareness on the said topic. This article also points out the benefits of this system because it provides justice to people at their doorstep but also reduces the backlog of cases and lessens the burden on courts so that they can give genuine attention to matters serious in nature. There is a need to introduce this system at all levels, which will be beneficial not only for the legal system in particular but also for the social system in general. This article creates not only awareness but also identifies the weaknesses of the legal system in Pakistan and link them with the problems of this country; it makes some suggestions for making this system more effective.

ABSTRACT The Rawnsley Quartzite of South Australia hosts some of the world's most diverse Ediacaran macrofossil assemblages, with many of the constituent taxa interpreted as early representatives of metazoan clades. Globally, a link has been recognized between the taxonomic composition of individual Ediacaran bedding-plane assemblages and specific sedimentary facies. Thorough characterization of fossil-bearing facies is thus of fundamental importance for reconstructing the precise environments and ecosystems in which early animals thrived and radiated, and distinguishing between environmental and evolutionary controls on taxon distribution. This study refines the paleoenvironmental interpretations of the Rawnsley Quartzite (Ediacara Member and upper Rawnsley Quartzite). Our analysis suggests that previously inferred water depths for fossil-bearing facies are overestimations. In the central regions of the outcrop belt, rather than shelf and submarine canyon environments below maximum (storm-weather) wave base, and offshore environments between effective (fair-weather) and maximum wave base, the succession is interpreted to reflect the vertical superposition and lateral juxtaposition of unfossiliferous non-marine environments with fossil-bearing coastal and shoreface settings. Facies comprise: 1, 2) amalgamated channelized and cross-bedded sandstone (major and minor tidally influenced river and estuarine channels, respectively), 3) ripple cross-laminated heterolithic sandstone (intertidal mixed-flat), 4) silty-sandstone (possible lagoon), 5) planar-stratified sandstone (lower shoreface), 6) oscillation-ripple facies (middle shoreface), 7) multi-directed trough- and planar-cross-stratified sandstone (upper shoreface), 8) ripple cross-laminated, planar-stratified rippled sandstone (foreshore), 9) adhered sandstone (backshore), and 10) planar-stratified and cross-stratified sandstone with ripple cross-lamination (distributary channels). Surface trace fossils in the foreshore facies represent the earliest known evidence of mobile organisms in intermittently emergent environments. All facies containing fossils of the Ediacaran macrobiota remain definitively marine. Our revised shoreface and coastal framework creates greater overlap between this classic “White Sea” biotic assemblage and those of younger, relatively depauperate “Nama”-type biotic assemblages located in Namibia. Such overlap lends support to the possibility that the apparent biotic turnover between these assemblages may reflect a genuine evolutionary signal, rather than the environmental exclusion of particular taxa.

Who is stateless and when is a state obligated to confer nationality under international law? Using the case study of Malaysia, this paper sheds light on who are stateless and gives weight to the international customary ‘doctrine of dominant and effective nationality’ as a factor to consider when conferring citizenship on stateless persons in Malaysia. Six categories of stateless persons were identified in this research project. This article posits that five of the six categories of stateless persons can be said to have ‘genuine and effective links’ to Malaysia suggesting that not all stateless persons are foreigners or migrants. The research project suggests that in examining who are stateless, different pathways of citizenship should be conceived for them.

We selected a sample of post-AGB candidates in the Magellanic Clouds on the basis of their near- and mid-infrared colour characteristics. Fifteen of the most optically bright post-AGB candidates were observed with the South African Large Telescope in order to determine their stellar parameters and thus to validate or discriminate their nature as post-AGB objects in the Magellanic Clouds. The spectral types of absorption-line objects were estimated according to the MK classification, and effective temperatures were obtained by means of stellar atmosphere modelling. Emission-line objects were classified on the basis of the fluxes of the emission lines and the presence of the continuum. Out of 15 observed objects, only 4 appear to be genuine post-AGB stars (27%). In the SMC, 1 out of 4 is post-AGB, and in the LMC, 3 out 11 are post-AGB objects. Thus, we can conclude that the selected region in the colour-colour diagram, while selecting the genuine post-AGB objects, overlaps severely with other types of objects, in particular young stellar objects and planetary nebulae. Additional classification criteria are required to distinguish between post-AGB stars and other types of objects. In particular, photometry at far-IR wavelengths would greatly assist in distinguishing young stellar objects from evolved ones. On the other hand, we showed that the low-resolution optical spectra appear to be sufficient to determine whether the candidates are post-AGB objects.

We study the phase structure of full QCD within the canonical ensemble (CE) with respect to triality in a lattice formulation. The procedure to calculate the effective potentials (EP) in the CE is given. We calculate the EP for the three-dimensional SU(2) gauge model at finite temperature in the strong coupling region. The potential exhibits a genuine deconfinement phase transition unlike the similar potential obtained in the grand canonical ensemble (GCE). Furthermore, we investigate the EP with the chiral condensate included. Contrary to other recent results we find chiral symmetry restoration in all triality sectors. Dealing with massless staggered fermions we observe chiral symmetry restoration accompanying a deconfinement phase transition of first-order. Above the critical point, besides two Z(2) symmetric "deconfining" vacua there exists a metastable "confining" vacuum in a wide region of the (Nt,γ)-plane. Such a picture could be interpreted as an indication for a mixed state of hadrons and quarks in the vicinity of the critical line.

This paper presents a robust signature verification and forgery detection system using Additive fuzzy and TS modeling technique. The features of various handwritten signatures are sampled with proper analysis and encapsulated to devise an effective verification system. Grid method was used to extract features angles for detection of forgeries and verification of genuine signatures. In financial Accounting, Auditing and Forensic Investigation, signature forgery could occur in various ways. This could be carried out on papers, sales documents such as invoices or inventory procurement requisition paper, title documents on landed property or other tangible assets. It is also perpetrated on payment authorization such as cheques, payment vouchers both in cash and on bills. During this exercise, the fraud perpetrators perfect their concentration on the surface paper, and trace the original signature from the mandate given earlier. It has been difficult to use accounting and auditing professions to track down financial fraud in Nigeria mostly with the problem of unearthing ingenious fraud. Exponential membership function was used to fuzzified the derived functions, and modified into structural parameters suitable to adapt to any possible variations that may result from handwriting styles and also to reflect any other factors due to scripting of a signature. The proposed system is tested on a large database of signatures obtained from 40 subjects.

Gaussian Mixture Models (GMMs) has been proposed for off-line signature verification. The individual Gaussian components are shown to represent some global features such as skewness, kurtosis, etc. that characterize various aspects of a signature, and are effective for modeling its specificity. The learning phase involves the use of Gaussian Mixture Model (GMM) technique to build a reference model for each signature sample of a particular user. The verification phase uses three layers of statistical techniques. The first layer involves computation of GMM-based log-likelihood probability match score, Â second layer performs the mapping of this score into soft boundary ranges of acceptance or rejection through the use of z-score analysis and normalization function, thirdly, threshold is used to arrive at the final decision of accepting or rejecting a given signature sample. The focus of this work is on faster detection of authenticated signature as no vector analysis is done in GMM. From the experimental results, the new features proved to be more robust than other related features used in the earlier systems. The FAR (False Acceptance Rate) and FRR (False Rejection Rate) for the genuine samples is 0.15 and 0.19 respectively.

AbstractThe contribution explores the implications of disagreements about rights in the ‘multi-layered’ European polity for the autonomy of EU fundamental rights law. It argues that insomuch as the EU’s weak claim to supra-national political authority is corroborated by a strong case for economic integration, the internal market operates not simply as a constraining factor in the effective realisation of fundamental rights, but provides the very foundation of their autonomous interpretation in the EU legal order. Sections II and III elaborate upon the relationship between conflicts of authority in the European legal space and the autonomous interpretation of EU fundamental rights law under conditions of political disagreement. Section IV links the argument to the often-alleged instrumentalisation of EU fundamental rights in the service of the market. Sections V and VI substantiate the guiding contention of the contribution—that the autonomy of EU fundamental rights law is rooted in the unity of the market—with an analysis of pertinent case law. The concluding section suggests that the transformation of the EU into a ‘genuine’ human rights polity must proceed through a politicisation of the market by virtue of fundamental rights law.

Abstract The contribution explores the implications of disagreements about rights in the ‘multi-layered’ European polity for the autonomy of EU fundamental rights law. It argues that insomuch as the EU’s weak claim to supra-national political authority is corroborated by a strong case for economic integration, the internal market operates not simply as a constraining factor in the effective realisation of fundamental rights, but provides the very foundation of their autonomous interpretation in the EU legal order. Sections II and III elaborate upon the relationship between conflicts of authority in the European legal space and the autonomous interpretation of EU fundamental rights law under conditions of political disagreement. Section IV links the argument to the often-alleged instrumentalisation of EU fundamental rights in the service of the market. Sections V and VI substantiate the guiding contention of the contribution—that the autonomy of EU fundamental rights law is rooted in the unity of the market—with an analysis of pertinent case law. The concluding section suggests that the transformation of the EU into a ‘genuine’ human rights polity must proceed through a politicisation of the market by virtue of fundamental rights law.

Contrairement aux autres biens meubles, les navires, les aéronefs et les objets spatiaux affectés à la navigation internationale sont rattachés à un Etat. Le lien de droit public établi entre ces engins et l’Etat est communément appelé « nationalité ». Mais ce terme n’exprime pas à leur propos une institution à tous égards identique à la nationalité des personnes. Le rattachement examiné ne repose en effet pas sur des éléments de fait (naissance, ascendance etc.), mais uniquement sur un acte administratif interne, l’immatriculation. L’étude de la pratique, notamment des conventions internationales et des législations nationales, montre clairement que – contrairement à ce qu’on soutient souvent – il n’y a pas lieu de subordonner ce rattachement à un lien effectif. Ce qui importe, compte tenu notamment du fait que ces engins évoluent dans des espaces soustraits à toute compétence territoriale, est d’identifier l’Etat qui est seul compétent à l’égard de l’« ensemble organisé » formé par le véhicule, les personnes et la cargaison à bord, et qui est responsable de ses activités. Le droit international interdit dès lors la double immatriculation, mais il laisse aux Etats le pouvoir discrétionnaire de déterminer les conditions d’attribution de leur « nationalité », sans subordonner l’opposabilité internationale de celle-ci à quelque autre exigence que ce soit. Le danger est toutefois que cela favorise un certain laxisme de l’Etat d’immatriculation, ce qui exposerait au risque que des dommages graves soient causés aux personnes impliquées dans les activités de ces engins et – surtout – aux tiers. Mais ce sont les obligations internationales imposées et les droits corrélatifs reconnus dans le chef de l’Etat d’immatriculation qui sont déterminants à cet égard et non quelque mystérieuse « effectivité » du rattachement. Autrement dit, s’il n’est pas nécessaire d’imposer à l’Etat d’immatriculation des conditions internationales limitant sa liberté dans l’attribution de sa « nationalité » aux engins, il est indispensable d’exiger que celui-ci respecte ses obligations, c’est-à-dire exerce effectivement son contrôle et sa juridiction. Cette constatation se vérifie quel que soit l’engin en cause. Le rattachement créé par l’immatriculation constitue donc une institution "sui generis", commune aux navires, aéronefs et objets spatiaux et dont le régime juridique est encadré par le droit international
Unlike any other movable property, ships, aircraft and space objects that are engaged in international navigation are linked to a State. The legal connection established between these craft/vessels and the State is commonly referred to as “nationality”. However, in this case the term does not represent an institution identical in all respects to the nationality of persons. With regard to vessels, the legal connection to a State is not based on factual elements (such as birth, descent etc.), but merely on the internal administrative act of registration. The study of State practice, notably international conventions and national laws, clearly shows that – contrary to what is often argued – there is no need to make this connection dependent on a pre-existing effective link. What matters most, given that these craft navigate in international space beyond the territorial jurisdiction of sovereign States, is to identify the State that holds sole jurisdiction over said “organized entity” consisting of the vehicle, the persons and the cargo on board and that is responsible for its activities. Public international law therefore prohibits dual registration, but leaves States free to determine the conditions under which they will confer their “nationality”, without imposing any other requirement for the opposability of this legal bond to third States. The danger is that this situation encourages laxity on the part of the States of registry and therefore creates the potential for serious damage incurred by persons involved in these vessels’ activities and – mostly – by third persons. In this regard, it is the international obligations and corresponding rights of the States of registry which are critical, and not a mysterious “effectiveness” of the legal bond. In other words, it is not necessary to impose on the State of registry any international conditions which would limit its freedom with regard to the conferral of its “nationality” upon vessels. It is however indispensable to require that said State complies with its obligations, meaning that it has to effectively exercise its jurisdiction and control over those craft. This statement holds true regardless of the craft concerned. The legal bond created by the registration therefore constitutes a "sui generis" institution, common to ships, aircraft and space objects, and whose legal regime is governed by international law

Dissertação de Mestrado em Direito apresentada à Faculdade de Direito
O presente estudo busca identificar qual o âmbito de aplicação do método de verificação do vínculo genuíno quando a intenção é solucionar um conflito positivo de nacionalidades. A partir de um método dedutivo, o estudo analisará o elemento-base da formação do conflito positivo de nacionalidades, a múltipla nacionalidade. Posteriormente, examinará os instrumentos jurídicos utilizados para evitar o surgimento de um conflito positivo, bem como os meios de resolução de um conflito positivo de nacionalidades já formado, com foco na técnica de verificação do vínculo genuíno para determinar qual nacionalidade deve prevalecer. Ao final, fará uma análise dos parâmetros mais comuns que orientam a aplicação do vínculo genuíno e indicará eventuais situações incompatíveis com a verificação do vínculo genuíno.O presente estudo busca identificar qual o âmbito de aplicação do método de verificação do vínculo genuíno quando a intenção é solucionar um conflito positivo de nacionalidades. A partir de um método dedutivo, o estudo analisará o elemento-base da formação do conflito positivo de nacionalidades, a múltipla nacionalidade. Posteriormente, examinará os instrumentos jurídicos utilizados para evitar o surgimento de um conflito positivo, bem como os meios de resolução de um conflito positivo de nacionalidades já formado, com foco na técnica de verificação do vínculo genuíno para determinar qual nacionalidade deve prevalecer. Ao final, fará uma análise dos parâmetros mais comuns que orientam a aplicação do vínculo genuíno e indicará eventuais situações incompatíveis com a verificação do vínculo genuíno.
The aim of this study is to identify the scope of the method for verifying the genuine link when the intention is to solve a positive conflict of nationalities. Using a deductive method, the study will analyze the basic element of the formation of the positive conflict of nationalities: multiple nationality. Subsequently, it will examine the legal instruments used to prevent the emergence of a positive conflict, as well as the means of resolving a positive conflict of nationalities already constituted, focusing on the technique of verifying the genuine link to determine which nationality should prevail. At the end, it will make an analysis of the most common parameters that guide the application of the genuine link and point any situations incompatible with the verification of the genuine link.The aim of this study is to identify the scope of the method for verifying the genuine link when the intention is to solve a positive conflict of nationalities. Using a deductive method, the study will analyze the basic element of the formation of the positive conflict of nationalities: multiple nationality. Subsequently, it will examine the legal instruments used to prevent the emergence of a positive conflict, as well as the means of resolving a positive conflict of nationalities already constituted, focusing on the technique of verifying the genuine link to determine which nationality should prevail. At the end, it will make an analysis of the most common parameters that guide the application of the genuine link and point any situations incompatible with the verification of the genuine link.

Vygotsky’s sociocultural theory is an empowering perspective for parents and teachers. In underscoring the role of adult–child dialogues in children’s development, it offers a balanced resolution to the dichotomy between adult directiveness and child-centeredness that has, for decades, permeated American parenting advice and educational practice. Consistent with a wealth of current research, sociocultural theory stresses that children contribute actively to their own development, etching their unique imprint on everything they learn. To implement sociocultural concepts of child rearing and teaching, parents and teachers must have a firm grasp of children’s temperaments, interests, knowledge, skills, and strengths and weaknesses. Yet each ingredient of effective dialogue—the shared understanding essential for genuine communication, the sensitive guidance inherent in scaffolding, the narrative conversation that builds the child’s cultural worldview, and the meaningful activities that spark learning of all kinds—requires that adults and children join forces. To create the “zone”—the dynamic region in which children acquire cognitive and social competencies and the capacity to use thought to guide behavior—children and important adults in their lives must collaborate. Adults are leaders in this collaborative process. Through dialogues, they fashion the child’s lifeline with humanity. Weaken or sever that line, and no matter how well endowed children are genetically, they become less than they otherwise could be. Although not the sole influence, adult-child togetherness through the give-and-take of communication indelibly affects children’s development. Dialogues with parents, teachers, and other significant adults transform the child’s mind, connecting it with other minds and transferring to it a wealth of understandings and skills. From the sociocultural perspective, parents help children realize their potential by making a long-term commitment to sensitivity, consistency, and richness of interaction, not by offering brief bursts of attention interspersed with little involvement. This means that good parenting is possible only through great investments of time. Early in this book, I cited evidence indicating that contemporary parents—even those with demanding careers who claim the greatest time scarcity—have ample time for generous involvement in their children’s lives.

Information communication technologies (ICT) have become an effective force for accelerating political, economic, and social development, decreasing poverty, and fostering trade and knowledge; however the uneven distribution, usage, and implementation of ICT resulted in what is known as the “digital divide” between those who have access to and utilization of information resources and those who do not (Internet.com, 2004). The Middle East, with the exception of Israel, is the least ICT connected area worldwide with only 1.4% of the global share (less than half of the world average of 5.2%). ICT adoption and access in the Arab world are far from adequate; only 6% of the Arab world population uses the Internet, while the penetration rate of personal computers is 2.4%, and less than 4 % of the Arab population has access to a ground telephone line (Ajeeb, 2006; NUA, 2005). The trend of globalization forced Arab countries to realize the power of ICT as one of the most important factors in achieving sustainable growth. During the past decade, genuine efforts have been implemented by Arab governments to utilize ICT; as of May 2005, every country in the Arab world (as seen in Table 1)—except Iraq and Libya—has a clear strategy or at least a plan for promoting ICT (Dutta & Coury, 2003). In her book, Technology Strategies for Putting Arab Countries on the Cyber Map, Reem Hunaidi (2002) stated that despite Arab world efforts to utilize ICT, Arabs are still far from bridging the digital divide. Hunaidi stated that the Arab world is still scoring low on the Digital Access Index (as seen in Table 2), adding that bridging the digital divide requires commitment from all development stakeholders, not only Arab governments. The Hunaidi study concluded that development should start within the Arab society through liberating Arab human capabilities, especially those of women questioning how a society can compete in an increasingly globalized world if half of its people remain marginalized (Hunaidi, 2002). The UNDP 2004 report on human development in the Arab world added to Hunaidi’s question stating that the first step in human ICT development is to bridge the gender divide within the Arab world and make use of the latent 50% of the Arab population. The Arab world has the lowest Gender Empowerment Measure (GEM) worldwide next to Sub-Saharan Africa. Nancy Hafkin and Nancy Tagger (2001), in their study “Gender, Information Technology, and Developing Countries”, stated that the degree of gender bias can be vividly seen across the Arab region. Figures indicate that Arab users constitute 4% of Internet users in comparison to 22% of users in Asia, 25% in Europe, 38% in Latin America, and 50% in the United States. Hafkin and Tagger (2001) concluded that several challenges of socio-cultural, political, economic, and education disparities need to be addressed towards advancing Arab women’s active participation in the new networked information society.

A novel chaos control concept is presented for the synchronization of a non-autonomous chaotic circuit system in the time and frequency domains concurrently. The controller effectively eliminates the differences between two chaotic circuits in the time domain and at the same time restores the characteristics of the driving response in the frequency domain. The simultaneous time-frequency control is achieved through manipulating wavelet coefficients, thus not limited by the increasing bandwidth of the chaotic system — a fundamental restraint that deprives contemporary controller designs of validity and effectiveness. The feedforward feature of the control concept prevents errors from re-entering the control loop and inadvertently perturbing the sensitive chaotic system. Because neither closed-form nor linearization is required, the innate, genuine features of the chaotic response are faithfully retained. The on-line identification feature allows the response system to start at arbitrary initial conditions and to be driven by the sinusoidal forcing term of different amplitudes and phases requiring no knowledge of the system parameters.