Current Rules Research Articles

Language lost, language regained: Adorno’s Proustian reflections on childhood, exile and experience

This essay traces how experiences of childhood and exile attain systematic meaning in Adorno’s critical theory of language. Adorno is shown to model the child’s understanding of language after Proust’s novel Á la recherche du temps perdus. Both focus on the names of places the child takes to be saturated with particular experiences and attributes a promise of renewed happiness. For Adorno, such an idea of language poses a challenge to the current rule of abstract conceptuality, unable to grasp such experiences. While just like Proust, he considers it retrospectively, Adorno writes in exile, that is, in a situation of the loss of his own language. Such loss must be interpreted not just in life-historical but in systematic terms as well: Firstly, in terms of a theory of language, insofar as the child’s understanding does not comply with the demands of conceptual thinking. Secondly, in terms of social theory, insofar as an emphatic reference to names has become problematic in the face of processes of economic standardisation and political abuse. And yet, Adorno’s Proustian reflections amount to a linguistic effort to recover with conceptual resources the experiences the names promise the child.

Countering the Instrumentalization of Migrants as an Element of the External Dimension of EU Immigration Policy

The problem of the instrumentalisation of migrants has a long history, but within the EU it was noticed only after the events on the EU-Belarus border in 2021. The Commission prepared a package of legislative proposals, which, among other things, gives Member States the opportunity to derogate from the current asylum rules. These provisions caused a negative reaction from a number of member states, the expert community and non-governmental organizations. The purpose of this article is to identify the reasons for the legislative implementation of the concept of in-strumentalisation of migrants, to identify the key characteristics of the relevant provisions, as well as their compliance with the current rules of the Common European Asylum System and the international obligations of member states. The author comes to the conclusion that the preparation of proposals in the field of countering the use of immigrants was carried out in conditions where the increased securitisation of migration policy coincided with a significant deterioration in EU relations with Russia and Belarus. For this reason, this proposal is politically motivated. An analysis of the proposed measures suggests that they could lead to unjustified differentiation of asylum seekers solely on the ground that they entered into EU from the territory of certain third country. In addition, the provisions of the proposal will contribute to further legal uncertainty and lower asylum standards. The proposed legislative measures are unlikely to solve the problem of immigration in EU, but can increase tensions in relations with neighboring countries.

Barriers to Occupational Health and Safety Legal Services During Pandemic

Objectives: This study aimed to identify the barriers to accessing legal services related to occupational health and safety during the COVID-19 pandemic. Methods: The study applied qualitative research methods, including in-depth interviews with 12 practicing lawyers in Nepal regarding their experience with hundreds of clients. The data was analysed using a thematic analysis approach. Results: The study identified key themes that characterise workers' experiences in accessing occupational health and safety (OHS) legal services, as viewed by legal practitioners. These themes included limited knowledge about OHS legal service provision and procedures; perceived high cost of legal services; delay and uncertainty in furnishing justice; intent to protect one's job, oneself, and family; authority of lawyers and health workers; the influence of family members, employer and significant others; hiding OHS problems due to potential stigmatisation, penalisation and threat; and COVID-19 pandemic-associated lockdown and travel restrictions. Conclusions: The study's findings underscore the practical challenges faced by workers in accessing OHS legal services during the pandemic. Despite the legal provisions in the current constitution, acts, and rules, the access of marginalised populations like workers to OHS services is challenged. This highlights the need for specific attention and focused interventions to avail of OHS legal services during the pandemic. The importance of targeted actions in this area cannot be overstated. The findings of this study are significant as they would serve to formulate and execute important policy guidelines to materialise the existing legal provisions on OHS, and will also serve as the basis for further studies.

The impact of the Global Minimum Tax on Vietnam's foreign direct investment attraction

This study assesses the impact of the Global Minimum Tax (GMT) on the attraction of foreign direct investment (FDI) in Vietnam. The authors rely on the analytical framework of UNCTAD (2022) and descriptive statistical methods to analyze and evaluate the impact of GMT on FDI attraction. The research findings indicate that the implementation of GMT will affect tax competitiveness, profit shifting, investment location, and investment scale in various degrees and directions. In particular, GMT may create conflicts between current tax laws and GMT rules, leading to inconsistencies and difficulties in enforcing tax regulations. Vietnam will have to compete with other countries in asserting tax jurisdiction over investment activities on its territory. GMT may negatively affect FDI inflows into Vietnam in sectors with a high tax elasticity to investments. Vietnam may be forced to move away from competition for attracting FDI solely based on corporate income tax and shift to new forms of competition. Based on these findings, the paper proposes several recommendations for the Vietnamese government to refine policies related to GMT.

In continuation of the discussion on the interpretation of law: interpretation in the context of postclassical legal studies

A review of the collective monograph “Interpretation of Law has been published: classics and postclassic” edited by E. N. Tonkov, I. L. Chestnov, the authors of which continue the discussion about the object and purpose of the interpretation of law, the role of the interpreter in the process of interpreting law, assessing the possibilities to verify the current rules of interpretation. The monograph confirms the prospects of a postclassical research program and the importance of researching specific problems of legal science based on postclassical methodology.

Eddy current quantitative evaluation of high-speed railway contact wire cracks based on neural network

PurposeThe purpose of this study is to study the quantitative evaluation method of contact wire cracks by analyzing the changing law of eddy current signal characteristics under different cracks of contact wire of high-speed railway so as to provide a new way of thinking and method for the detection of contact wire injuries of high-speed railway.Design/methodology/approachBased on the principle of eddy current detection and the specification parameters of high-speed railway contact wires in China, a finite element model for eddy current testing of contact wires was established to explore the variation patterns of crack signal characteristics in numerical simulation. A crack detection system based on eddy current detection was built, and eddy current detection voltage data was obtained for cracks of different depths and widths. By analyzing the variation law of eddy current signals, characteristic parameters were obtained and a quantitative evaluation model for crack width and depth was established based on the back propagation (BP) neural network.FindingsNumerical simulation and experimental detection of eddy current signal change rule is basically consistent, based on the law of the selected characteristics of the parameters in the BP neural network crack quantitative evaluation model also has a certain degree of effectiveness and reliability. BP neural network training results show that the classification accuracy for different widths and depths of the classification is 100 and 85.71%, respectively, and can be effectively realized on the high-speed railway contact line cracks of the quantitative evaluation classification.Originality/valueThis study establishes a new type of high-speed railway contact wire crack detection and identification method, which provides a new technical means for high-speed railway contact wire injury detection. The study of eddy current characteristic law and quantitative evaluation model for different cracks in contact line has important academic value and practical significance, and it has certain guiding significance for the detection technology of contact line in high-speed railway.

Self-Defense in International Law: The Relation Between Ambiguity and the Unlawful Use of Force

Abstract: The rules governing the international legal right to self-defense have long been debated, particularly regarding the permissiveness of justification for uses of force. In recent years, various international conflicts have highlighted the need for clearer guidelines, sparking further debate among scholars. This paper investigates whether the current rules on self-defense are too permissive, leading to potential misuses in conflicts, and explores ways to mitigate these issues to prevent unwarranted use of force. It also considers how different factors complicate the application of these rules in practice. Through the study of literature and real-world cases, this paper underscores the importance of international cooperation and expansion of existing measures in strengthening the legal framework governing self-defense. Finally, it recommends the drafting of a new treaty and the refinement of existing customary law in attempt to precisely define the conditions under which self-defense can be invoked, thereby reducing the risk of its exploitation.

Greater smoking intensity may be linked to early smoking initiation among Filipinos: Evidence from the 2021 Global Adult Tobacco Survey Philippines.

Understanding the relationship between age at smoking initiation and later smoking intensity is crucial for assessing future health consequences of smoking early and informing strategies to prevent and reduce tobacco use. This study explores the relationship between the two smoking-related behaviors among Filipino daily smokers. Secondary data analyses from the 2021 Global Adult Tobacco Survey Philippines were performed. This study covers those who were reported to be daily smokers. The outcome of interest was smoking intensity, measured as the number of manufactured cigarettes consumed per day, while the main predictor was age at smoking initiation. Data from 2260 participants were analyzed. Negative binomial regression was used to test for the relationship between age at smoking initiation and smoking intensity while controlling for sociodemographic variables and other smoking-related behaviors. The average age at which daily smoking commenced was 20.93 (SD=6.35) years, while the average number of manufactured cigarettes consumed per day was 9.50 (SD=7.26). Age at smoking initiation was a significant predictor of smoking intensity, even after controlling for potential confounders. Each additional year in the age at which smoking was initiated was associated with a 1.55% decrease in smoking intensity in the adjusted model (β= -0.0155, p<0.0001). Other predictors of smoking intensity were current age (β=0.0072; 95% CI: 0.0050-0.0094, p<0.0001), sex (β= -0.1146; 95% CI: -0.2157 - -0.0136, p=0.0262), and smoking rules at home (β=0.1807; 95% CI: 0.1175-0.2439, p<0.0001). Greater smoking intensity may be linked to early smoking initiation among Filipino adult daily smokers. The results may support interventions that target younger ages to curb heavy tobacco use at later ages.

Gaps and Fiscal Adjustment for Debt Stability in Climate-Vulnerable Developing Countries: How Large and by How Much?

Abstract We explore the extent of the fiscal resource gap described by climate-vulnerable developing countries which have called for debt flexibility. We compute indices of fiscal sustainability, defined as the difference between an economy’s current tax rate and the “sustainable” tax rate, or the rate which, if constant, would enable the debt-to-GDP ratio at time n to be equal to the debt-to-GDP ratio at time 0, given current policy rules. We estimate short- and medium-term gap indices for 2010 to 2020, and a “climate change gap” (CCG) which incorporates countries’ reported climate change needs for the period 2021–2030. Estimated short- and medium-term gaps capture the 2020 disruption to fiscal sustainability, while CCGs indicate a highly diverse picture: one-third of the sample have CCGs ranging from 10 to 99 % of GDP, another third have CCGs from −8.6 to −0.3 %. Negative CCGs, which imply that immediate adjustments in taxes or spending are not required for fiscal policy sustainability, are surprising but come with a crucial caveat: CCGs are likely to be significantly understated because of data gaps, especially regarding adaptation requirements. This highlights the urgent need for finance and technical assistance dedicated to building national capacities for determining and costing climate change needs.

Rule of Law Violations in the EU as a Challenge for Civil Procedure Law

Abstract Judicial cooperation in civil and commercial matters in the EU is based on mutual trust. Rule of law violations, in particular restrictions of judicial independence and impartiality, in some Member States call into question this trust, thereby casting doubt on the functionality of judicial cooperation. Indeed, one must even wonder whether the courts of the respective Member States can still be considered as ‘courts’ for these purposes. This contribution addresses the nature of the current rule of law violations as well as their effects on international civil procedure. It draws on cjeu decisions on mutual trust in other areas of law. Due to the special features of civil procedure, the effects of rule of law violations in practice turn out to be smaller than in theory.

Perizinan Lingkungan Sebagai Upaya Mengendalikan Pencemaran Akibat Industrial Waste Sesuai Undang-Undang Nomor 6 Tahun 2023

This journal examines environmental permits in the enforcement of current legislative rules aimed at mitigating industrial pollution. The author elucidates that the issue of environmental pollution stemming from industrial waste has emerged as a global concern, as it poses a threat to human health and environmental sustainability. Despite the existence of legislation concerning environmental contamination, numerous infractions continue to be perpetrated by industry. The urgency of this research is considering that the environmental permit policy is a preventive government tool as an effort to control community behavior, and also repressive in overcoming environmental problems caused by human activities. Environmental licenses are a crucial governmental regulation designed to safeguard the environment from industrial waste contamination, thereby preventing harm that could adversely affect the community. Consequently, obtaining an environmental permit is crucial for implementing legislation pertaining to environmental protection, ensuring that industries adhere to established standards and are accountable for their waste production. The author asserts that robust environmental legislation may eliminate industrial waste contamination. Nevertheless, sustained collaboration is essential among all stakeholders, including the government, industry, and society, to guarantee the success of these initiatives.

Integration and Evaluation of a Digital Support Function for Space Claims in Factory Layout Planning

Planning and designing factory layouts are frequently performed within virtual environments, relying on inputs from various cross-disciplinary activities e.g., product development, manufacturing process planning, resource descriptions, ergonomics, and safety. The success of this process heavily relies on the expertise of the practitioners performing the task. Studies have shown that layout planning often hinges on the practitioners’ knowledge and interpretation of current rules and requirements. As there is significant variability in this knowledge and interpretation, there is a risk that decisions are made on incorrect grounds. Consequently, the layout planning process depends on individual proficiency. In alignment with Industry 4.0 and Industry 5.0 principles, there is a growing emphasis on providing practitioners involved in industrial development processes with efficient decision support tools. This paper presents a digital support function integrated into a virtual layout planning tool, developed to support practitioners in considering current rules and requirements for space claims in the layout planning process. This digital support function was evaluated by industry practitioners and stakeholders involved in the factory layout planning process. This initiative forms part of a broader strategy to provide advanced digital support to layout planners, enhancing objectivity and efficiency in the layout planning process while bridging cross-disciplinary gaps.

An equation for estimating low-density lipoprotein-triglyceride content and its use for cardiovascular disease risk stratification.

The triglyceride (TG) content of low-density lipoprotein (LDL-TG) has been shown to be more predictive of atherosclerotic cardiovascular disease (ASCVD) events than the cholesterol content of LDL (LDL-C). The goal of our study was to develop an equation for estimating LDL-TG (eLDL-TG) based on the standard lipid panel and to compare it to estimated LDL-C as an ASCVD risk biomarker. Using least-square regression analysis, the following eLDL-TG equation was developed: . LDL-TG was measured by the β-quantification (BQ) reference method (N = 40,202). LDL-C was calculated by the Sampson-NIH equation. The association of LDL-C and eLDL-TG with ASCVD risk markers was performed in the National Heart and Nutrition Examination Survey (NHANES) (N = 37,053) and with ASCVD events in a primary prevention cohort from the UK Biobank (UKB) (N = 429,367) and the Atherosclerosis Risk in Communities (ARIC) study (N = 14,632). eLDL-TG showed better ASCVD risk stratification of UKB participants than LDL-C (Wilcoxon Chi-Square: 2,099.6 vs. 418.7, respectively). Receiving-operating characteristics analysis revealed that eLDL-TG had a stronger association with ASCVD events than LDL-C (AUC: 0.596 vs. 0.542, respectively) and other conventional lipid markers. Similar findings were found in ARIC. Discordance analysis in UKB showed that the group with low LDL-C/high eLDL-TG had a similar risk as the high LDL-C/high eLDL-TG group. Furthermore, these same two groups with the highest eLDL-TG levels and the highest ASCVD event rate also had higher mean levels of systolic blood pressure, Body Mass Index, hemoglobin A1C, and C-reactive protein than the two lower eLDL-TG groups. Using eLDL-TG > 44.6 mg/dl (80th percentile) as a cut-point leads to a hazard ratio of 1.32 (95% CI, 1.29-1.36) for ASCVD events, which remained significant after adjustment for LDL-C and apoB. Furthemore, using eLDL-TG as a risk-enhancer test leads to reclassification of 50% more high-risk individuals than current lipid-enhancer test rules. Like LDL-C, LDL-TG can also be calculated from the results of the standard lipid panel. Compared to estimated LDL-C, eLDL-TG was a better risk marker for primary prevention and hence could improve initial ASCVD risk stratification.

The Impact of the WTO Agricultural Agreement on Developing Countries

Abstract: Agricultural insurance, as an agricultural risk management tool to disperse agricultural risks, compensate farmers' losses and safeguard agricultural production, has become an indispensable part of the agricultural security system in various countries. However, due to the high cost of agricultural insurance, many countries provide financial subsidies for agricultural insurance. This paper introduces the help of agricultural insurance subsidies to countries in World Trade Organization (WTO), summarizes the main features and inadequacies of relevant WTO rules, and analyzes the existing problems of agricultural insurance subsidies from four aspects based on the practice of American agricultural insurance subsidies. The main conclusions of this paper include: first, the rules of agricultural insurance subsidy are limited and the classification is not clear, which seriously harms the agricultural development of developing countries; second, income insurance and natural disaster insurance in premium subsidies are regarded as "green box" tools, which need to meet certain conditions, otherwise there is still the possibility of being regarded as "amber box" tools; third, the current WTO rules on agricultural insurance subsidies are more conducive to the development of developed countries, but the agricultural insurance subsidies in developing countries lag behind and are difficult to implement, and the rules on agricultural insurance subsidies urgently need to be improved. Fourth, the double standards of developed countries and developing countries have caused differences in the classification of agricultural insurance subsidies. Finally, the thesis puts forward some suggestions on the compliance development of China's agricultural insurance subsidies under the framework of WTO rules.

A New Method Based on Belief Rule Base with Balanced Accuracy and Interpretability for Student Achievement Prediction

In the field of education, the accurate prediction of students’ future performance is essential for personalized instruction and efficient allocation of resources. Such predictions not only help education professionals develop targeted educational strategies but also identify students’ learning needs at an early stage so that timely interventions and support can be provided. To gain the trust of educational experts and ensure the practical application value of the prediction results, the prediction methods used must be highly interpretable. However, there are two problems with the current belief rule base (BRB) applied to student performance prediction. First, there is a current lack of effective strategies for enhancing the interpretability of the optimization process. Second, BRB models that overemphasize accuracy tend to exhibit characteristics of black-box models. To overcome these challenges, this paper proposes a new method based on BRB with balanced accuracy and interpretability (BRB-Bai) for student achievement prediction. First, an attribute selection method is proposed to filter out important features associated with student performance. Then, expert knowledge credibility is calculated, and four interpretability strategies are proposed to ensure the interpretability of the model and to achieve a balance between interpretability and accuracy on the basis of expert knowledge credibility. The effectiveness of the proposed model is demonstrated by conducting experiments on the student achievement dataset.

Geometric analysis and local buckling behavior of wire arc additively manufactured ER110S cruciform section stub columns

The recent prominence and potential of wire arc additive manufacturing (WAAM) in the civil engineering industry have gained significant attention due to its ability to produce complex geometric shapes in a cost-effective and flexible manner. This paper presents the geometric analysis and local buckling behavior of WAAM ER110S cruciform section stub columns. A total of eight specimens with a broad range of width-to-thickness ratios were manufactured. 3D laser-scanning was conducted to capture the geometric characteristics of all the WAAM ER110S cruciform section stub column specimens. Material testing with coupons cut from various orientations of WAAM ER110S plates was performed and this is followed by the stub column testing where digital image correlation (DIC) was employed to monitor the full-field deformations of the specimens. The obtained test data were then employed to assess the applicability of current design rules specified in European, American and Australian standards to WAAM ER110S cruciform section stub columns. The assessment results revealed that (i) the current Class 3 slenderness limits (i.e. slender/non-slender slenderness limits) can be safely used for the classification of outstand plate elements of cruciform sections in compression and (ii) all the three specifications can lead to safe though marginally scattered failure load predictions of WAAM ER110S cruciform section stub columns.

Our Exploration of Countermeasures against the Abuse of Unilateral Sanctions by the United States

Currently, the international landscape is undergoing changes, with unilateralism on the rise. Of which, economic sanctions are the most common form. Due to the lack of effective specialized international rules in the current international rule system, unilateral sanctions are increasingly frequently used by individual countries. The abuse of unilateral sanctions has impacted the normal operation of international mechanisms. Unilateral sanctions were originally used in a country’s domestic law, but now some countries, such as the United States, expand their own laws’ extraterritorial application through the continuous expansion of connection points, thereby giving their sanctions against foreign entities a cloak of legitimacy, which goes against the principles of international law and the basic norms of international relations (Bai, 2018). From a legal perspective, the implementation of illegal unilateral sanctions is achieved through the improper interpretation and application of international treaty exception clauses. From international custom, unilateral sanctions beyond countermeasures refer to those imposed by states other than the injured state, who deliberately legalize countermeasures related to sanctions, which greatly contributes to the abuse of unilateral sanctions. In this context, China should accelerate the construction of its anti-sanctions legal system to effectively counter the threats and damages caused by unilateral sanctions and firmly safeguard its sovereignty, security, and development interests.

How policies created without early childhood educator input create toxic working environments that objectify educators

Through the lens of objectification and toxic workplace theory, this article critically examines Ontario, Canada's policies and regulations on early childhood education and care (ECEC). In the context of Canada's transition to universal child care and the persistent workforce crisis in the ECEC sector, this article highlights how registered early childhood educators (RECE) workplace challenges, including poor working conditions, low wages, and a lack of professional recognition, are theorized within objectification and toxic workplace theory. Specifically, the Child Care and Early Years Act (CCEYA) and the Ontario Early Year Framework, which establish the standards and regulations for licensed childcare providers, are analyzed to determine how they objectify RECEs and create toxic workplaces. Grounded in advocacy to improve working conditions in ECEC, this article provides a unique framework for understanding and interrupting how RECEs are not considered in creating government regulations, how individual centers and organizations can interpret the current rules to continue to devalue the contributions of RECEs to the sector, and how and why this continuation of devaluation is affecting the well-being and working conditions of RECEs.

CYTOLOGICAL DIAGNOSTICS OF THYROID DISEASES: BASIC PRINCIPLES AND FEATURES OF APPLICATION IN MODERN CONDITIONS

Introduction. Cytological diagnostics of thyroid diseases widely used in medical practice today. The standards and guidelines used in this examination ensure close cooperation between doctors of different specialties. Aim of research: To determine the methodological and organizational features of cytological examination of the thyroid gland, which can improve the use of this diagnostic method in Ukraine. The effectiveness of cytological examination depends on many factors. First of all, it is important to use this method in cases where the test result can be sufficiently informative and help identify thyroid diseases, choose further diagnostic and appropriate treatment tactics. Important stages in the actual cytological examination of thyroid diseases are: sampling, fixation and staining of cytological specimens, evaluation of microscopic changes, formulation of a cytological conclusion, and, if necessary, the use of immunocytochemical and molecular genetic methods. Compared to other countries, Ukraine has a higher incidence of uninformative reports in cytological diagnostics of thyroid diseases. The reasons for this are most likely more frequent violations of the technique of puncture, fixation and transportation of the material. It should be noted that cytologic examination in Ukraine is performed by a laboratory doctors, while in most countries of the world this examination is performed by a pathologist. Conclusions. In order to improve the effectiveness of the method of cytological diagnostics of thyroid diseases in Ukraine, it is necessary to ensure proper compliance with the relevant norms, standards and rules at all stages of its implementation. Taking into account the current regulatory norms and rules for cytological examinations in Ukraine, it is necessary to improve the qualifications of laboratory doctors in the field of cytological diagnostics of thyroid diseases, officially to include the method of cytological diagnostics into the work of a pathologist and to actively implement in medical practice The Bethesda System for Reporting Thyroid Cytopathology, 2023.

An algorithm for belief rule induction with partial ignorance

Belief rules are an extension of fuzzy rules that consider belief degrees. They are widely applied due to their traceability, interpretability, and flexibility. However, current belief rules only consider residual support and global ignorance while ignoring partial ignorance. In this paper, we proposed a novel belief rule-based classification system called partial ignorance belief rule induction algorithm (PIBRIA). The consequent part of belief rules takes into account not only the residual support and global ignorance but also partial ignorance of evidence. The belief degrees in the consequent part of each belief rule collectively form a genuine basic probability assignment (BPA). Based on fuzzy unordered rule induction algorithm (FURIA), we propose the learning algorithm for belief rules with partial ignorance, which helps the novel proposed PRIBIA achieve a balance between accuracy and complexity. The inference method employs the Dempster’s combination rule and Shafer’s discounting operation, where the discounting operation can resolve evidence conflicts in the combination rule. The effectiveness and superiority of PIBRIA in handling classification tasks have been validated by comparing it to some state-of-the-art rule-based models. The results of statistical tests show that PIBRIA outperforms all other methods in terms of classification accuracy. Whereas its computational complexity and model complexity are moderate.