Contradictory Regulations Research Articles

The complex relationship between geo-blocking and territorial licences viewed through the two prisms of copyright law and competition law

ABSTRACT The article critically evaluates the controversial technology i.e. geo-blocking, through two related prisms, digital copyright (in particular, audio-visual services) and, EU Competition Law. Two EU Regulations are key to this analysis: the Portability Regulation and the Geo-blocking Regulation. Compellingly, there are both contradictions and tensions between these two Regulations when it comes to copyright-protected services. The discordant legislative provisions are not the sole quandary; the General Court’s ruling in the Groupe Canal + case is generally anti-geoblocking in tone. By ruling against absolute territorial protection in the context of pay-TV licences, the General Court indirectly challenges the geo-blocking clauses in the aforementioned licences. While the CJEU annulled the General Court’s decision on grounds of proportionality, concerns relating to the fate of geo-blocking clauses in licensing agreements still prevail. An analysis of the two contradictory Regulations and the Groupe Canal + judgment suggests an apparent diminishing role for geo-blocking technology in the context of copyright-protected audio-visual services. However, vigorous lobbying efforts by the audio-visual sector introduce an element of uncertainty, meaning that the rescission of the copyright carve-out in the Geo-blocking Regulation is not a foregone conclusion by any means.

Abstract 3528: Constructing knowledge graph of N6-methyladnosion regulations in cancer from literature using ChatGPT-4

Abstract N6-methyladenosine (m6A) is the most abundant mRNA modification with a crucial role in cellular processes. Its involvement in cancers is well-established. Dysregulation of m6A is linked to cancer initiation, progression, and therapy resistance, impacting the tumor microenvironment (TME) and promoting metastasis. Understanding m6A's regulatory role in cancer is essential for identifying new therapeutic targets. We considered the construction of a knowledge graph (KG) representing molecular regulatory mechanisms (MRMs) of m6A in healthy conditions and different cancers from PubMed papers. Such a KG consists of interconnected triplets of (head node, regulatory relationship, tail node), each denoting regulation between genes or a gene and a phenotype/process. Advances in natural language processing (NLP) have provided tools such as SemRep and GNBR to automate the extraction of these triplets from the literature. However, these methods don’t extract contextual information, such as the type of cancers or cells in which these MRMs occur, leading to contradictory regulations in the constructed KG. In addition, existing approaches were designed to extract generic regulatory relations and therefore struggled in properly capturing unique concepts associated with m6A regulatory mechanisms. To tackle this challenge, we designed a novel ChatGPT-4 prompt to extract relational graphs from papers tailored for m6A regulatory mechanisms. An annotated dataset of 400 titles on m6A-related MRMs were created to evaluate the performance. We then applied the prompt to 1023 papers to create a m6A Molecular Regulatory Mechanism Knowledge Graph (m6A-MRM-KG). This graph illuminates m6A's roles in gene expression regulation, especially in cancer and immunity. Anticipated to enhance our understanding of cancer development, it provides insights into potential therapeutic strategies. The m6A-MRM-KG not only organizes information but also empowers researchers to uncover novel insights in the dynamic relationships of m6A modifications in diverse biological contexts. Citation Format: Sumin Jo, Xidong Wu, Yiming Zeng, Arun Das, Ting-He Zhang, David Alexander Spellman, Adam Ferris, Shou-Jiang Gao, Jianqiu (Michelle) Zhang, Yu-Chiao Chiu, Yufei Huang. Constructing knowledge graph of N6-methyladnosion regulations in cancer from literature using ChatGPT-4 [abstract]. In: Proceedings of the American Association for Cancer Research Annual Meeting 2024; Part 1 (Regular Abstracts); 2024 Apr 5-10; San Diego, CA. Philadelphia (PA): AACR; Cancer Res 2024;84(6_Suppl):Abstract nr 3528.

Perlindungan Hukum Terhadap Investor Dalam Investasi Ilegal Akibat Promosi Media Online Influencer Melalui Akun Youtube

The use of social media in online investment activities should ideally provide convenience to the public for investing their assets. The prevalence of online investments within the community does not rule out the possibility that some of them are illegal or unauthorized investments, leading to losses for citizen. Legal protection can be provided to investors namely domains of illegal futures brokerage companies, cessation of illegal futures trading promotion, monitoring and observation of illegal futures trading sites by the regulatory authority. However, there are no explicit rules regarding penalties for influencers promoting binary option trading due to the lack of clear regulations about binary options. The research questions addressed in this study are: What is legal protection to investors in illegal investments YouTube? What is the function of BAPPEBT) to prevent illegal investments due to online influencer promotions YouTube? This research uses the normative juridical. The Conclusion of the research are BAPPEBTI offers preventive protection to the public by continually monitoring and educating about investment procedures in line with regulations. BAPPEBTI can block illegal sites based on regulation, but it can’t prohibit binary option trading due to the persistent emergence of domain sites. Contradictory regulations regarding the submission of claims for Restitution and Compensation result in investors lacking legal protection. BAPPEBTI’s role involves ongoing efforts in monitoring, observation, blocking illegal investment websites, education, and public awareness campaigns. BAPPEBTI is also part of the anti investment scam task force to halt investment solicitation and remove content related to Quotex and binary options.

Opinion of representatives of the psycho-oncology community on the lack of coherent systemic solutions on the legal regulation of their profession

Introduction. The profession of psycho-oncologist in Poland is not sufficiently regulated by law. Current solutions in the system involve contradictory regulations on obtaining qualifications to practice, which produces in effect systemic chaos and result in limited availability of services provided to oncology patients and their families by practitioners of this demanding profession. Material and methods . A survey conducted among psycho-oncologists concerning their professional identity was used in order to examine their opinion on the current legal regulations of this profession and the possible consequences of incoherent law solutions. The study used an original anonymous questionnaire entitled Survey on selected aspects of the psycho-oncology profession in the context of its scope and method of legal regulation and the Job Satisfaction Scale questionnaire. Results. The study showed that the inconsistency in legal regulations may result in restricted access to this profession, indicated doubts concerning the legal credentials required to use the professional title of psycho-oncologist and the lack of symmetry in individual competencies of practitioners with different underlying profession. Conclusions . The research confirmed the organizational chaos which negatively affects the way psycho-oncologists practice their profession. As a consequence the legislator intervention is required in order to modify the legal regulation of this profession.

Industrial and small-scale fisheries relations in Ghana: A political ecology perspective on blue economy exclusion

The fisheries sector in Ghana is a significant source of livelihood for many communities along the coast. However, the sector faces several challenges, including the power dynamics between the industrial bottom trawl industry and small-scale fishers. The concept of resource scarcity has frequently been used to characterise conflicts between industrial vessels and small-scale canoes in Ghana. This paper seeks to build on this dominant narrative that resource scarcity is the key driver of conflicts, arguing that exclusion, and resistance to exclusion can also explain contemporary conflicts in marine fisheries, and that indeed apparent resource scarcity can be caused by exclusion. A political ecology lens reveals that fisheries conflict in Ghana is entwined with established and emerging socio-political domains of exclusion, namely, regulation, legitimisation, force, and the market. We explain how contradictory regulations and ambiguous boundary delimitations, combined with a long period of weak enforcement, have helped industrial trawlers exploit fisheries in ways that exclude small-scale fishers. Additionally, with foreign-aid diplomacy legitimising the expansion of foreign-owned industrial trawlers, the infiltration of illegal catch into the small-scale value chain harms local businesses. We conclude that conflict serves as both a tool and a symptom of exclusion through its connection to regulatory, jurisdictional, and political contexts, as well as market dynamics.

Ticking time bombs: The MENA and SSA regions' geopolitical risks

One of the major global challenges that most affect the world economies are geopolitical risks triggered by tensions arising from exploiting natural resources. This paper attempts to study the influences of global governance indicators (voice and accountability, political stability and absence of violence/terrorism, the rule of law, government effectiveness, regulatory quality, and control of corruption) on natural resource rents in Sub-Saharan Africa (SSA) and Middle East & North Africa (MENA). We apply a new panel quantile estimation technique to panel data from 62 countries from 1996 to 2021. The results show, in general, in both MENA and SSA economies, there is a negative perception of the quality of governance. This is due to several factors, such as the absence of popular participation and transparency in decision-making, political instability, violence and terrorism, low government efficacy, low-quality regulation, lack of the rule of law, and high corruption in these regions. Thus, governance quality could be the driver of geopolitical risks in resource-rich economies. This study adds to the literature on geopolitical risk by assessing the impact of the perceived quality of governance on natural resource income in the MENA and SSA regions. Furthermore, it is the first study to compare two regions, with many countries, regarding the effects of global governance indicators on natural resource rents. In addition, it has been empirically demonstrated that the deterioration of the quality of government is associated with increased revenues from the exploitation of natural resources, which increases the likelihood of geopolitical tensions. Higher quality and more effective governance require less complex, more transparent, and less contradictory regulations, reducing the likelihood of geopolitical tensions. Practical and policy implications are drawn from the findings to help the MENA and SSA economies overcome geopolitical risks.

The profession of psycho-oncologist in Poland as an example of inadequate legal regulation in the area of health care.

The profession of psycho-oncologist in Poland is not sufficiently regulated by law. The issue is further complicated by the fact that this profession has not been classified by the legislature in the group of medical professions, but only in the group of allied health professions. Currently, according to the Regulation of the Minister of Health on guaranteed services in the field of hospital treatment, a psycho-oncologist is a person with higher medical education, i.e. a graduate of a medical university, for example a doctor or a nurse, who has fulfilled the additional condition of completing postgraduate studies in psycho-oncology. It is thus clear that the legal definition of the profession of a psycho-oncologist remaining in force is inconsistent with the regulation of this profession in force since 2018, resulting from the announcement of the same minister in the Polish Qualifications Framework (PQF - Polska Rama Kwalifikacji, abbrev. PRK). This is because the PQF limits the group of persons who may obtain a qualification in the area of psycho-oncological diagnosis and treatment to psychologists and psychiatrists only, thus limiting the group of persons authorised to practise the profession of a psycho-oncologist. An additional legal problem results from significant differences in the nature of the professions of a medical doctor and psychologist, due to the fact that the Act on the Profession of a Psychologist does not apply in practice, despite remaining in force formally. Thus, a psychologist who practises the profession of a psycho-oncologist, might additionally be a subject to the lack of legal regulation of their "foundation profession", for example due to the fact that it is impossible for a psychologist to obtain a licence to practise their profession, as there is no body to grant them such a licence. Finally, it should not be overlooked that, in addition to the two contradictory regulations of the profession of a psycho-oncologist mentioned above (Regulation of the Minister of Health and the PQF), there also exists a third path to obtain the so-called psycho-oncologist certificate, awarded by the Polish Psycho-oncology Society (Polskie Towarzystwo Psychoonkologiczne - PTPO). At present, persons certified via this path, who include, apart from psychologists and doctors, also representatives of other professions, such as nurses or clergy employed in hospices, will in the majority of cases not be able to formally practise the profession, because the legislature has not provided for the recognition of certificates issued by the PTPO as equivalent to obtaining a psycho-oncological qualification in the context of the above-mentioned regulations.

The Constitutionality of International Treaties in the Hungarian Legal System

The purpose of this study is to provide a historical overview of the relationship between International Law and Hungarian Domestic Law and to present the constitutional regulation. In Hungary, the currently effective regulation follows the same dualist practice with respect to international treaties as it once did during the period of the historical constitution. However, Hungarian Domestic Law inevitably continues to present this day the problems that arise from the lack of regulations in the period following the historical constitution, and then from contradictory regulations. The study covers legal background of both the before and after the regime changes, highlighting some constitutional contradictions, which are also illustrated by some decisions of the Constitutional Court. However, the current law and the Constitutional Court no longer attaches importance to the transformed international treaties, i.e. to the promulgating legislation, but to the full enforcement in the Domestic Law of the existing international treaties.

Family as a redistributive principle of welfare states: An international comparison

Redistribution is one of the main characteristics of the welfare state, and welfare state research has dealt intensely with various facets of it. The main focus in analysing redistribution is on the redistributive logics of welfare states in terms of work-related rights. Family as a major principle of welfare state redistribution, though, has hardly been included in these welfare state analyses. It has mainly been addressed by analysing outcome data or by analysing care as the most relevant characteristic of the family. We argue, though, that comparative welfare state analysis that addresses differences in welfare state intended redistribution needs to also include family as a redistributive principle to gain a more complete picture of societal redistribution. In this study, we are analysing the redistributive logics of welfare states in terms of family. We answer the question of how and in how far welfare states institutionalize family as a redistributive principle. We examine by means of the tax–benefit microsimulation model EUROMOD and its Hypothetical Household Tool (HHoT) welfare state regulations on family for three countries that are generally classed as different regime types. We differentiate between a great variety of family forms (referring to marital status, children and different forms of couples’ income distribution) to adequately test our theoretical assumptions. The findings show that family is a major redistributive principle of the welfare states analysed here and applied in different redistributive logics to the various family forms. This, then, results in an increase in income for certain family forms and a decrease in income for other family forms. These differences are not the result of one coherent set of regulations, but of an interplay of in part contradictory regulations that reflect a great variety of family-related redistributive logics within the single countries. Thus our study provides new insights into the redistributive logics of welfare states, and may contribute to the analysis of welfare state complexity in terms of theory, methodology and empirics.

Family as a Redistributive Principle of the Welfare State. The Case of Germany

AbstractFamily is one of the major principles of welfare state redistribution. It has, however, rarely been at the centre of welfare state research. This contribution intends to help remedy the research gap in family-related redistribution. By examining the German welfare state which is known to be both redistributive and family-oriented, we want to answer the question of how and how far the German welfare state institutionalises family as a redistributive principle. Our case-study of German welfare state regulations in terms of family is based on the tax-benefit microsimulation model EUROMOD and its Hypothetical Household Tool (HHoT). We differentiate 54 family forms to adequately reflect our three theoretical assumptions, which are: (1) redistributive logics differ across family forms, and in part markedly; (2) these differences are not the result of one coherent set of regulations, but of an interplay of partially contradictory regulations; (3) family as a redistributive principle manifests itself not only in terms of additional benefits to families, but also in terms of particular obligations of families to financially support family members before they are entitled to public support. These aspects have hardly been analysed before and combining them allows a clear evaluation of family-related redistribution.

Cardiovascular Disease Patient Prevention Experience with Nurses in the Primary Care Sector

Introduction: Cardiovascular disease (CVD) is a common term used to refer to disorders affecting the blood vessels or the heart that have led to the majority of deaths worldwide. Aim: The aim of the present study was to explore nurse's perception of their role and their experiences in relation to engaging with cardiovascular disease prevention in the primary care setting. Methods: In the selection of clinical nurses who were interested in primary care to participate, qualitative describing design and impracticable sampling were used. The data collection methods include semi-structured and one-on-one interviews. The results were analyzed by the methodology for qualitative content analysis. Results: In this study, 10 nurses were participated and their role in CVD prevention plays a part in health education, diagnosis and consultation, reassurance, monitoring of vital signs, and collecting blood samples. The challenges include cultural obstacles and vocabulary, negative attitudes, contradictory regulations, a lack of equipment, a shortage of nursing staff and the lack of knowledge and information. Electronic information, patient education, nurse training, and communication workshops are the facilitators for nurses that prevent heart disease. Conclusion: Cardiovascular disease is lethal, but adequate preventive programs can accommodate it. In addition, nurses play an important role in preventing CVD in primary healthcare and should therefore concentrate efforts on the enhancement of their capacity. The aim of future research should be to understand how patients interpret and incorporate data on the prevention of CVD provided by nurses.

Türkiye’de Kamu Personel Rejiminin Sistemsel Sorunları

Türk kamu personel rejiminin yıllardan beri süregelen ve giderek kronik bir hal alan ve kemikleşen bir çok sorunu bulunmaktadır. Kamu personel rejiminin temelini oluşturan Devlet Memurları Kanunu’nda zaman içerisinde yapılan çelişkili düzenlemeler sonucunda, kanunun özgün biçimini yitirdiği ve karmaşık ve içinden çıkılmaz bir görünüm aldığı ifade edilmektedir. Kanunda yapılan değişiklikler, temel bir anlayış ve kavramsal bir değerlendirmeden yoksun olarak, bütüncül bir perspektif yerine, çoğu zaman güncel dürtülerle yapılmıştır. Bu bakış açısıyla kamu personel rejiminin kronikleşen sorunlarını çözmek mümkün görünmemektedir. Bu çalışmada sorunların büyük bir kısmının sistemsel olduğu göz önüne alınarak, sözü edilen sorunlara Devlet Memurları Kanunu’nun ve dolayısıyla kamu personel rejiminin de temel ilkeleri olan kariyer ve liyakat ilkeleri açısından yaklaşılması amaçlanmaktadır.

Sacrifice and Centralisation in the Pentateuch: Is Exodus 20:24-26 Really at Odds with Deuteronomy?

Many scholars believe Exodus 20:24-26 and Deuteronomy 12:1-28 present contradictory regulations on how and where to sacrifice. Exodus 20:24-26 seems to imply that sacrificial altars can be built at any location throughout the country, while Deuteronomy appears to prohibit all sacrifice outside of the central place of worship. Scholars have dealt with this discrepancy in various ways. In this paper I show how none of these explanations hold up to closer scrutiny and argue that both texts simply address different types of sacrifices permitted in ancient Israel.

The contradictory CAP regulations within the recent, extraordinary transformation of Italian agricultural Systems

Over the past two decades Italian agricultural systems have recorded an extraordinary change in their structural foundations partially due also to the contradictory CAP regulations. The most significant factors that have produced the accelerated evolution in our countryside are two: on the one hand, the recognition and acquisition by the primary sector of new economic, social, environmental and cultural functions, on the other hand, the renewed interest in the beauty of rural areas, the importance of technical sustainable agricultural production and the quality of the food supply sources. To all these aspects, researchers and the general public attribute today the fundamental role of guarantors for the quality of life and human health, animal health and environmental protection. It is a new awareness that, breaking the traditional delay with which the primary sector responds to the cultural activities, with unexpected timing, has translated into concrete, conspicuous forms of land corporate reorganization. Applying the qualitative and quantitative methodology of the Interuniversity Research Group GECOAGRI LANDITALY to the latest census data of the agriculture in 2010, the contribution considers the recent evolution of Italian agricultural systems to evidence landscape outcomes and territorial issues.

Legal Analysis Contradictory Regulations on the Granting of Sanctions on Environmental Social Responsibility in Indonesia

Indonesia mentions the term Corporate Social Responsibility with Environmental Social Responsibility. Then this was abstracted into the positive law of Indonesia so that contributing voluntary activities for human transformation became an obligation. These obligations are set forth in the Corporate Social Responsibility, as well as this becomes a differentiator from other countries. In the development of regulations regarding Environmental, Social Responsibility experiencing a variety of problems including the absence of synchronization of law, the view that Environmental Social Responsibility is an obligation, then has an effect on the provision of sanctions given to companies that do not carry out Social Responsibility. This research proposes that a regulation be renewed on social environmental responsibility so that harmonization in the rule of law occurs and can maximize law enforcement and sanctions in Social Responsibility.

Dlaczego potrzebujemy nowej ustawy o humanitarnej ochronie zwierząt?

WHY A NEW ACT ON THE HUMANITARIAN PROTECTION OF ANIMALS IS NEEDED?Legal regulations concerning animals protection clearly state that man owes to respect the animal and each animal requires humane treatment that must be understood by taking into account the needs and protection of animals, as far as care providing. Systematic law amendments, which are concerned to protect the animals from suffering, including unjustified or inhumane killing or cruelty to animals, should be considered as the duty of state authorities. In particular it should be done due to taking into account that animals are recognized as the “subjects of law”, for which there is a special legal regime determined by the provisions devoted to the humanitarian animals protection.The main objective of this article is to identify the aspects, which — according to the author — affect the need to make amendments to the existing provisions concerning humanitarian protection of animals. This includes lack of law transparency, containing its precision and often contradictory regulations. Also, adapting to European regulations should be considered as important issue. Failure in application of European rules to national law means that the Republic of Poland violates its obligation as the Member State of the European Union. The author also notes that the current range of the requested changes proposed by law doctrine, state authorities, as well as by social organizations whose statutory purpose is humanitarian protection of animals is so broad, concerns so conflicting values and interests, as well as some of them are so “revolutionary”, that it requires a comprehensive and systemic look at the humanitarian issue of animal protection at the national level. Hence, instead of performing complicated amendments creation of avery new act on the humanitarian protection of animals should be considered.

WARTOŚĆ ZABYTKOWA MIERZONA W METRACH. OCHRONA ZABYTKÓW W KONTEKŚCIE USTAWY O OCHRONIE ZABYTKÓW I OPIECE NAD ZABYTKAMI ORAZ PRAWA BUDOWLANEGO

This article explores the relations between the provisions of the Act on the Protection and Guardianship of Monuments and Sites and the Construction Law from the perspective of modern historic preservation. Particular emphasis is placed on the forms of direct historic preservation in the context of the record of historic monuments and sites, which, in spite of being mentioned in the said Act, is not referred to as a form of ‘preservation’. What is also highlighted in this article is the necessity to make amendments to legal acts pertaining to classification and categorisation of historic monuments and sites. The author of this article is of the opinion that this can be achieved only by standardizing administrative regulations and deleting contradictory regulations from legal acts.

Contradictory Land Use Plans and Policies in Laos: Tenure Security and the Threat of Exclusion

Contradicting policies and overlapping property arrangements are common in many countries, opening doors for diverse interpretations by different actors. This requires better knowledge on how competing interests and actors interact and what determines the practical competition outcomes as demand for land intensifies and international actors get increasingly involved in regulating natural resources. Land use planning in Laos provides a case in point as it aims at strengthening tenure security, intensifying agriculture and sparing forest areas while other policies simultaneously promote agricultural development and agri-business investment that reconfigure land use and land access. Through national, provincial, district, village and household interviews, we examine how different land- and forest-related policies interact, and whether ongoing land use planning processes and land rights formalization increase tenure security. We show how government policies supported by international donors, and introduced to strengthen tenure rights for the rural population actually reduce villagers’ legally permitted agricultural areas. Even if district-level land use regulations do not currently exclude local communities from their land, land use plans lay the groundwork for potentially excluding villagers from large land areas. We find that plural, contradictory regulations and policies, combined with existing power inequalities result in a “filter mechanism” that reduces the practical impact of legal instruments and safeguards aimed at strengthening the least powerful actors’ rights. Our results add to other authors’ arguments that political and legal changes are mediated by power relations, cultural norms and economic incentives, by highlighting that the duel-edged rights sword may actually end up paving the way for greater state control over future benefits derived from community areas classified as forest lands. This is especially relevant when preparing REDD+, which we show is likely to weaken rather than strengthen tenure security for rural populations.

Legal pluralism and land administration in West Sumatra: the implementation of the regulations of both local and nagari governments on communal land tenure

Land administration has always been a delicate issue in the history of nations, and Indonesia, a country where a significant number of the population lives a pastoral life, is not exempt from this reality. This paper discusses land tenure issues in West Sumatra, an Indonesian province which is home to the Minangkabau people with their long existing village management system known as Nagari, established to settle disputes based on adat (custom) principles, as well as to protect the rights of the community members. These rights include communal land (referred to as tanah ulayat hereafter). Long before the Dutch occupation of Indonesian archipelago, the nagari government was vested with powers to regulate communal land in West Sumatra. However, this authority was constantly overlooked by the then Dutch colonial administration as well as the post-independence governments (both central and regional). To reinforce the nagari government as the guardian of the customary law (hukum adat) and to specify its jurisdiction, the Regional Government of West Sumatra enacted two laws between 2000 and 2008: Law No. 9/2000 repealed by Law No. 2/2007 and Law No. 6/2008 on communal land tenure. Although these two laws provide legal grounds to address land issues across the region, land conflicts still prevail in West Sumatra due to negligence of customary law, unkept promises as well as unsynchronized and contradictory regulations. The protests against the Regional Military Command Headquarters (Korem) in Nagari Kapalo Hilalang, against the oil palm company in Nagari Kinali, and against a cement factory in Nagari Lubuk Kilangan are cited in this paper as case references.

Rome's ‘legal’ camps for Roma: the construction of new spaces of informality

This article examines the ways in which Italian legislation and local policy in Rome since 2007 have aimed at containing and controlling the Roma population, but have resulted instead in the Italian state's own violations of national and international human rights standards. Roma have been relocated to isolated mega-camps subjected to regulations, surveillance and ‘workfare’, which, rather than reducing crime and increasing formal employment, leave residents few alternatives to illegal or semi-legal income generation. These camps also appear to generate ambiguous relationships between local officials, police officers and powerful individuals within the communities. They are thus loci in which various dimensions of illegality and power intersect and merge. The analysis explores the grey areas created by contradictory and hyper-bureaucratic regulations and attempts to shed light on the strategies of survival through informality that emerge within the interstices of the law.