Flexible Rules Research Articles

General characteristics of evidence in international ad hoc criminal tribunals (ICTY, ICTR, IRMCT)

A study of the evidence in the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Residual Mechanism for Criminal Tribunals is provided. Attention is paid that the Yugoslav and Rwandan tribunals, established by the UN Security Council based on UN Security Council resolutions; the reasons for the creation of these tribunals were the most audacious violations of human rights in the form of international crimes. In fact, in the resolution that established the Yugoslav Tribunal, the UN Security Council expressed its concern about the numerous reports of large-scale and brazen violations of international humanitarian law that occurred in the territory of the former Yugoslavia and, in particular, in Bosnia and Herzegovina, and aimed to put an end to such crimes and take effective measures to bring to justice the persons responsible for the mentioned crimes. Since both the ICTY and the ICTR were created as temporary ad hoc tribunals, after their termination, pending cases were transferred to the newly formed body - the IRMCT, which has the same jurisdiction as the ICTY and the ICTR. It was concluded that the rules of evidence adopted by the ICTY, ICTR and IRMCT are «unique». They were formed based on consensus between national legal systems that belong to the legal systems of common law and civil law. It is emphasized that the ICTY and the ICTY, and later the IRMCT adopted fairly soft and flexible rules for the admissibility of evidence. In the event that the Rules of Procedure and Evidence of the ICTY, the ICTR or the IRMCT do not contain relevant norms that regulate the rules of evidence, the Chamber considering the case has the right to apply such rules that best contribute to the fair resolution of the case under consideration and correspond to the spirit of the Statute and the general principles of law. Special attention is paid to the principle of equality of the parties and its role in the collection and presentation of evidence in ad hoc international criminal tribunals.

Generating Global and Local Explanations for Tree-Ensemble Learning Methods by Answer Set Programming

Abstract We propose a method for generating rule sets as global and local explanations for tree-ensemble learning methods using answer set programming (ASP). To this end, we adopt a decompositional approach where the split structures of the base decision trees are exploited in the construction of rules, which in turn are assessed using pattern mining methods encoded in ASP to extract explanatory rules. For global explanations, candidate rules are chosen from the entire trained tree-ensemble models, whereas for local explanations, candidate rules are selected by only considering rules that are relevant to the particular predicted instance. We show how user-defined constraints and preferences can be represented declaratively in ASP to allow for transparent and flexible rule set generation, and how rules can be used as explanations to help the user better understand the models. Experimental evaluation with real-world datasets and popular tree-ensemble algorithms demonstrates that our approach is applicable to a wide range of classification tasks.

The impact of the work environment on administrative creativity in GEO GLOBAL and NIBCO company

The research focused on understanding the perspectives of employees regarding the work environment and its influence on administrative creativity. A descriptive analytical methodology employed in the study. This study introduces a conceptual framework that examines the influence of personal, social-organizational, and physical factors on employee creativity. Utilizing this framework, a tool has been developed to assess how effectively the work environment fosters creativity. This tool was tested on a sample of employees, revealing support for the hypothesis that a creative work environment positively impacts creative performance. The sample study was (100) participants of the workers in GEO GLOBAL and NIBCO company. The study demonstrates how this tool can be utilized by companies to identify and implement enhancements. The study concluded with several recommendations, including the need for an organization administration to enhance employee salaries and incentives to mitigate turnover. Additionally, it suggests that the organisation should provide all essential resources that enable employees to perform their duties efficiently and effectively, while also ensuring alignment with ongoing technological advancements relevant to their work. Giving employees the opportunity to share their opinions and setting flexible rules that allow them to be creative in their work; and holding a meeting between different categories of workers to discuss the reasons for their differences.

Locus coeruleus modulation of prefrontal dynamics and encoding of flexible rule switching.

Behavioral flexibility, the ability to adjust behavioral strategies in response to changing environmental contingencies and internal demands, is fundamental to cognitive functions. Despite a large body of pharmacology and lesion studies, the underlying neurophysiological correlates and mechanisms that support flexible rule switching are under active investigation. To address this question, we trained mice to distinguish complex sensory cues comprising different perceptual dimensions (set shifting). Endoscopic calcium imaging revealed that medial prefrontal cortex (mPFC) neurons exhibited pronounced dynamic changes during rule switching. Notably, prominent encoding capacity in the mPFC was associated with switching across, but not within perceptual dimensions. We then showed the functional importance of the ascending input from the locus coeruleus (LC), as LC inhibition impaired rule switching behavior and impeded mPFC dynamic processes and encoding. Our results highlight the pivotal role of the mPFC in set shifting processes and demonstrate the profound impact of ascending neuromodulation on shaping prefrontal neural dynamics and behavioral flexibility.

Bridging School and Practice? Barriers to the Integration of 'Boundary Objects' for Learning and Assessment in Clinical Nursing Education.

In clinical health professions education, portfolios, assignments and assessment standards are used to enhance learning. When these tools fulfill a bridging function between school and practice, they can be considered 'boundary objects'. In the clinical setting, these tools may be experienced as time-consuming and lacking value. This study aimed to investigate the barriers to the integration of boundary objects for learning and assessment from a Cultural-Historical Activity Theory (CHAT) perspective in clinical nursing education. Nineteen interviews and five observations were conducted with team leads, clinical educators, supervisors, students, and teachers to obtain insight into intentions and use of boundary objects for learning and assessment. Boundary objects (assessment standards, assignments, feedback/reflection/patient care/development plan templates) were collected. The data collection and thematic analysis were guided by CHAT. Barriers to the integration of boundary objects included: a) conflicting requirements in clinical competency monitoring and assessment, b) different application of analytical skills, and c) incomplete integration of boundary objects for self-regulated learning into supervision practice. These barriers were amplified by the simultaneous use of boundary objects for learning and assessment. Underlying contradictions included different objectives between school and practice, and tensions between the distribution of labor in the clinical setting and school's rules. School and practice have both convergent and divergent priorities around students' clinical learning. Boundary objects can promote continuity in learning and increase students' understanding of clinical practice. However, effective integration requires for flexible rules that allow for collaborative learning around patient care.

Effects of climate variability and change on groundwater impacts of forestry plantations

AbstractQuantifying water use of various water consumers is an essential part of sustainable water management. Annual evapotranspiration (ET) of plantation forests often exceeds that of dryland agriculture, which in South Africa and South Australia has resulted in restrictions on plantation development. In the latter case, water licences are issued to commercial forestry plantations to account for higher ET compared to dryland pasture. Unlike irrigated crops, it is not practicable to measure water use of plantations directly and so in South Australia a set of ‘deemed’ average water use rates has been applied since 2013, based on species and depth to groundwater. Since South Australia's ‘deemed’ rates were calculated, additional plot‐scale measurements of annual ET from plantations <2 years old and post‐canopy closure have been used to quantify various components of ET. This has enabled development of two empirical ET models for plantations in South Australia's Lower Limestone Coast, and facilitated an advanced understanding of the effect of plantations on hydrological processes, particularly in relation to groundwater use. In this study, we applied these models to estimate rotation‐averaged annual ET and net groundwater impacts (net groundwater extraction plus recharge reduction compared to pasture) of plantations, driven by climate and groundwater depth, for comparison with the deemed rates. The modelling suggests that the groundwater impacts of plantations vary in space and time and that the deemed rates over‐estimate these impacts, on average. Accounting for variation in the effects of climate on the various components of ET, both spatially and temporally, may allow for more flexible rules for water resource allocation than using any simple, rule‐of‐thumb approach.

A comparative perspective on the liability of heirs

Settlement of deceased’s debts is one of the fundamental questions of succession. The liability of heirs for these debts is very difficult to regulate because of the need to balance several conflicting interests: the interests of heirs, the interests of estate creditors and the interests of heirs’ personal creditors. Legal systems may attempt a simple, but rigid approach to heirs’ liability or provide detailed and flexible, but complex rules on different scopes of liability in different situations. This article discusses the main approaches to liability of heirs for estate debts and provides a critical analysis of their advantages and disadvantages. The author concludes that complex and flexible rules on liability of heirs may ultimately lead to more just distribution of estate assets.

Mid-term changes of dry grasslands with conservation management in the Hainburger Berge Mountains

Our study focused on evaluating plant diversity and vegetation changes in the dry grasslands of the Hainburger Berge Mountains protected within the NATURA 2000 reserve Hundsheimer Berge. Traditionally, these grasslands have been managed through intensive grazing but have experienced significant land-use changes since the 1950′s, including a prolonged period of abandonment. We investigated rocky and xeric grasslands of Festuco-Brometea, and mesic grasslands of Molinio-Arrhenatheretea using six nested plot series of various spatial scales. We also resampled relevés that were initially recorded in 2007 and analyzed them alongside older relevés (1930–2001) from the Austrian Vegetation Database. The compositional data variation was primarily influenced by moisture and nutrient gradients along the first DCA axis, and soil reaction and light availability along the second DCA axis. Grazing intensity had a significant effect on species richness at small spatial scales, while at larger scales, habitat conditions played a more crucial role. A continuous successional development could be detected in grassland composition, leading to a denser vegetation canopy and increased moisture and nutrient availability. However, plot resampling since 2007 revealed only minor changes, primarily due to interannual dynamics rather than a clear directional trend. We conclude that the current conservation management of rocky and xeric grasslands is proving successful in maintaining grassland biodiversity as well as high number and proportion of endangered plant species. Controlling grazing intensity, involving more farmers, and implementing flexible rules for grazing, mowing, and subsidy eligibility, could be instrumental in achieving conservation targets in the future.

Seasonal forecast-informed reservoir operation. Potential benefits for a water-stressed Mediterranean basin

The increased seasonal demand for water puts pressure on Mediterranean water resources, which are often exploited in a non-renewable way. Besides, climate change can alter hydroclimatic patterns and exaggerate freshwater stress. Flexible operation of existing water reservoirs is one of the most cost-effective ways to mitigate water-related stress by storing water when it is abundant and releasing it when droughts persist. In this context, hydroclimatic forecasts can be central in properly informing reservoir operation. Nevertheless, the link between forecast skill and forecast value is neither easily predictable nor necessarily positive. Each system requires specific forecasts according to its characteristics, and the skill of existing forecast systems does not necessarily translate into a significant gain in system performance. In this work, we develop downscaled seasonal forecasts of reservoir inflow for the Faneromeni irrigation dam on Crete island. We then quantify the value of these seasonal forecasts in informing the reservoir operations. While the current operation of this reservoir is based on the available storage at the beginning of the irrigation season, we investigate alternatives by using the Evolutionary Multi Objectives Direct Policy Search method, which allows the design of flexible rules to cope with the variability of the hydrologic conditions as well as to include forecast information for conditioning operational decisions. Under historical climate conditions, results demonstrate a notable enhancement in performance solely by implementing more flexible operating policies. Incorporating perfect forecasts results in an additional improvement of 4% on average throughout the period from 1993 to 2019. However, when using actual forecasts, this gain diminishes to 1%. These outcomes support the exploration of potential trade-off solutions that effectively balance the competing demands within the region.

Planning context: Flexible plans and mayoral authority in French urban planning

In this article, I consider the relationship between urban planning and context by investigating the planning practices associated with a land-use plan in Bordeaux described as “adapted to context.” Invested with flexible rules, the plan description followed a tendency in French urban planning concerned with being strategic, prospective, and participatory. It was also the result of metropolitan planning. Through an ethnographic account, I show how local politicians’ references to context related to concerns with mayoral authority in times of planning powers transferred to the metropole. Using permit reviewers’ skills, mayors mobilized flexible rules to manipulate building permit decisions prepared in compliance with the metropolitan plan. It is widely acknowledged that urban planning is affected by as well as affecting different contexts. I outline a complementing approach by drawing on engagements with context in anthropology and STS-scholarship, to propose that the practices associated with the same notion in Bordeaux are telling of how urban planning contributes to making contexts. Since calls for context direct attention and shape which issues and local communities are prioritized, these insights on the relationship between planning and context urge attention to how appeals to context, as never value-neutral or ready-made, gain importance across different urban planning issues and settings.

Mandatory minimum dividend, agency problems, and corporate investment

This study aims to better understand the adverse consequences of mandatory dividend rules. Specifically, we identify two main reasons why some firms only pay the mandatory minimum dividend: financial constraints and private benefits. We also argue that the consequences of these rules for firms should depend on the reasons behind their choice to only pay the minimum dividend. Using a sample of publicly traded Brazilian companies and multivariate regressions, we find strong evidence that financially constrained firms are more likely to only pay the minimum dividend, with weak evidence that firms whose managers who use the dividend decision to enjoy private benefits are more likely to only pay the minimum dividend. Moreover, and consistent with our expectations, firms that only pay the mandatory minimum dividend due to financial constraints tend to have a higher value attached to their cash holdings, and they tend to reduce investments more intensely in response to shocks that increase the cost of external financing. Thus, we conclude that mandatory dividend rules can adversely affect some firms and that more flexible rules should be considered.

Recursos externos para a Administração Pública: a contribuição dos novos bancos multilaterais de desenvolvimento

Multilateral development banks are international organizations and, therefore, subjects of Public International Law, aimed at promoting financial cooperation through loans and donations to infrastructure projects, acquisition of goods and services for the Public Administration. The creation of the first banks occurred at the end of World War II, in the context of post-war reconstruction. Brazil has a constitutional and legal framework that allows the use of external resources from multilateral banks, as well as the waiver of domestic legislation for the application of external rules, subject to constitutional and procedural requirements. In the first decades of the 21st century, due to the economic growth of emerging countries and the need for greater representation of their decisions in international organizations, new multilateral banks have been created. These banks are characterized by their more flexible rules, greater possibility to make use of national procurement and contracting rules, use of local currency, and fewer conditionalities. Faced with an international context marked by the COVID-19 pandemic, the war in Ukraine, and high inflation, foreign resources qualify as an alternative to contribute to national public policies, and Brazilian institutions need to qualify themselves to be able to request funding for projects of public interest.

Recursos externos para a administração pública: a contribuição dos novos Bancos Multilaterais de Desenvolvimento

Multilateral development banks are international organizations and, therefore, subjects of Public International Law, aimed at promoting financial cooperation through loans and donations to infrastructure projects, acquisition of goods and services for the Public Administration. The creation of the first banks occurred at the end of World War II, in the context of post-war reconstruction. Brazil has a constitutional and legal framework that allows the use of external resources from multilateral banks, as well as the waiver of domestic legislation for the application of external rules, subject to constitutional and procedural requirements. In the first decades of the 21st century, due to the economic growth of emerging countries and the need for greater representation of their decisions in international organizations, new multilateral banks have been created. These banks are characterized by their more flexible rules, greater possibility to make use of national procurement and contracting rules, use of local currency, and fewer conditionalities. Faced with an international context marked by the COVID-19 pandemic, the war in Ukraine, and high inflation, foreign resources qualify as an alternative to contribute to national public policies, and Brazilian institutions need to qualify themselves to be able to request funding for projects of public interest.

New hybrid inertial CQ projection algorithms with line-search process for the split feasibility problem

In this paper, we propose two hybrid inertial CQ projection algorithms with line-search process for the split feasibility problem. Based on the hybrid CQ projection algorithm, we firstly add the inertial term into the iteration to accelerate the convergence of the algorithm, and adopt flexible rules for selecting the stepsize and the shrinking projection region, which makes an optimal stepsize available at each iteration. The shrinking projection region is the intersection of three sets, which are the set C and two hyperplanes. Furthermore, we modify the Armijo-type line-search step in the presented algorithm to get a new algorithm.The algorithms are shown to be convergent under certain mild assumptions. Besides, numerical examples are given to show that the proposed algorithms have better performance than the general CQ algorithm.

An inertial triple-projection algorithm for solving the split feasibility problem

<p style='text-indent:20px;'>This paper proposes a new inertial triple-projection algorithm for solving the split feasibility problem. The process of projections is divided into three parts. Each part adopts a different variable stepsize to obtain its projection point, which is different from the existing extragradient methods. Flexible rules are employed for selecting the stepsizes and the inertial technique is used for improving the convergence. Convergence results are proven. Numerical experiments show that the proposed method converges more quickly than the general CQ algorithm.</p>

Information and communication technology adoption and electronic information resource usage among university-owned senior secondary school students in southwestern Nigeria

Electronic information resources (EIRs) usage by students involves accessing and utilizing electronic sources and services for knowledge acquisition, entertainment and learning purposes. However, extant literatures have shown that most of the students in Nigeria do not use these information resources adequately. Previous studies focused largely on accessing and utilisation of IRs among students in tertiary institutions with little emphasis on secondary school students, particularly those in university-owned secondary schools. This study, therefore, was carried out to examine the adoption on EIRs usage among students in Federal university-owned senior secondary schools in southwestern Nigeria. The survey design of ex post-facto type was utilised. The university-owned senior secondary schools from five federal universities in southwestern Nigeria were purposively selected. Six hundred and seventy- four Senior Secondary School II students in the five schools were enumerated. The instruments used were: Information Communication Technology Adoption (r=0.70) and IRs Usage (r=0.77) scales. This was complemented with a focus group discussion session with 10 students in each school. Quantitative data were subjected to descriptive analysis, Pearson’s product moment correlation at 0.05 level of significance, while qualitative data were thematically analysed. The respondents’ age was of 16.0±2.0 years, 50.6% were males and 68.1% were from the sciences. The ICT adoption level was high ( ̅=2.90) against 2.50 criterion mean. Information resources were used on a regular basis within the interval of 26-50 on the test of norm table. The sources of accessing the IRs were Internet (85.4%), mobile phone (77.8%), television (71.5%), e-books (50.9%) and educational software (49.1%). The ICT adoption (r=0.58), correlated significantly with IRs usage. ICT adoption predicted IRs usage (F(3;670) =24.26; Adj. R2=0.366), accounting for 36.6% of its variance. The ICT adoption (β=0.52) contributed to IRs usage. Instability of network services, information overload, inadequate technical support and restrictions of ICT tools use were challenges facing IRs usage among the students. Information and communication technology adoption influenced information resources usage among students of university-owned senior secondary schools in southwestern Nigeria. Therefore, there is need for the provision of functional and effective network services and enactment of flexible rules on information and communication technology tools.

Energy and environmental safety in the context of nuclear energy development

The article analyzes the main causes of the global energy crisis, the connection between energy and environmental safety in the context of the global development of society. Attention is focused on the sharp lag between nuclear and renewable energy in terms of attracting investment. The structure of the world's nuclear power industry is analyzed. The types, technologies and terms of operation of nuclear reactors are analyzed, as well as the prospects for introducing new technologies and unit designs into the nuclear power industry. It is shown that the majority of operated nuclear reactors do not always meet modern requirements in the context of technological efficiency and environmental safety. The reasons for the uncontrolled proliferation of nuclear weapons, possible accidents at nuclear power plants, and the danger of nuclear waste accumulation are analyzed. The causes and consequences of accidents at the Fukushima NPP were analyzed in the context of the operation of reactors in regions with a high seismic risk. It is shown that nuclear technologies will have to change in order to be in demand for power generation. It is believed that the future of nuclear power lies in fast neutron reactors, traveling wave nuclear reactors, and technologies that use thorium isotope instead of enriched uranium. Small modular reactors (SMRs), small in size and capacity (for example, the Oklo Aurora reactor, which is undergoing the licensing process in the United States and Canada), should take a special place in the nuclear power structure. It is noted that the full realization of the potential of modern nuclear technologies on a global scale will require new, more flexible rules of regulation, licensing and financing, as well as updating the global basis of nuclear security and non-proliferation of nuclear weapons.

Non-compliance and non-enforcement: An unexpected outcome of flexible soft densification policy in the Netherlands

In many urban areas, governments are struggling to curb urban sprawl while simultaneously trying to keep up with growing pressures on the housing market. As a result, housing developments increasingly take place within the existing housing stock through soft densification in the form of subdivisions. Municipalities aim to regulate this type of densification because of growing pressure on existing infrastructure, neighborhood cohesion, and (rental) prices. This contribution looks at the city of Utrecht in the Netherlands as a case study, where small-scale private investors increasingly bought up owner-occupied homes to subdivide into rental homes. As a result, the executive council of the municipality introduced new subdivision regulations in 2016. It explores how the interests of the investors influenced the negotiations that took place during the policy formulation and implementation phases. Using a neo-institutionalist approach, we found that policy negotiations gave rise to an increased number of flexible rules on subdivisions, allowing municipal authorities to make decisions on a case-by-case basis. While official subdivisions have reduced drastically as a result of the new policy, investors have moved towards other less regulated opportunities or even illegal subdivisions. These findings highlight that while flexible implementation may provide more steering capacity for municipalities, it may also lead to non-compliance as an unexpected byproduct.

Stability and Growth Pact: Too Young to Die, Too Old to Rock ‘n’ Roll

This paper discusses the future of the Stability and Growth Pact (hereafter SGP). Although Neoclassical economic models argue that strict fiscal and monetary rules minimize moral hazard and crowding out, in practice many governments adopt fiscal expansion (in recent years in the form of non-standard monetary measures) to mitigate market failures, consequently rethinking monetary rules and targets. Government spending and countercyclical policies are essential tools for soothing business cycles and other market failures. To this end, we empirically test whether current and past forms of the SGP have led to greater convergence, while we critically assess and investigate a possible SGP reform. By adopting more flexible rules, in terms of government spending and fiscal expansion, the Economic and Monetary Union (hereafter EMU) could yield multiple positive spillover effects in long-term economic growth under specific terms and conditions, such as green conditionalities. We conclude that to mitigate the triple crisis threat (economic, environmental and health), what is mostly needed are reforms in the form of fiscal federalism, such as common debt issuance (Eurobonds) that enhance the ability of the EMU to tackle the consequences of the aforementioned crises.

How Does Community-Based Housing Foster Social Participation in Older Adults: Importance of Well-Designed Common Space, Proximity to Resources, Flexible Rules and Policies, and Benevolent Communities

ABSTRACT As supporting active and healthy aging calls for different community-based housing alternatives, integrated knowledge of their impacts on older adults’ social participation is required. This study aimed to explore how community-based housing fostered social participation in older adults. A scoping review was used to systematically identify relevant studies according to 32 keywords in 8 electronic databases. Published during 2000–2021, the 46 studies were carried out in North America, Europe, Oceania, and Asia, documenting older adults’ social participation in six community-based housing models. Targeting different clienteles, these models mainly promote older adults’ social participation by providing: 1) accessible common space in a design favorable to social interactions; 2) proximity to resources; 3) flexible rules and policies that facilitate residents’ interactions with not only co-residents but community neighbors; and 4) benevolent communities. These results highlight the interactions between the physical and social environments; they suggest the importance of building benevolent communities as well as of sharing resources among residences and local communities to create a supportive living and neighborhood environment for active and healthy aging. Future studies should further explore the role of different stakeholders in developing benevolent communities by considering the dynamics between the person and the environment.