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.