Legal Constraints Research Articles

Fusarium spp. in Metalworking Fluid Systems: Companions Forever

Water-miscible metalworking fluids (MWFs) are utilized in a variety of metal removal and forming operations. For end-use, formulation concentrates are diluted in water, creating conditions conducive to microbial growth and metabolism, possibly compromising the fluid’s integrity and mechanically obstructing filters or piping systems. Metalworking machines offer additional habitats on surfaces that are in permanent or temporary contact with MWFs. For that reason, biocides have been incorporated into concentrates for years, but legal constraints will restrain their use in the future. While bacterial contamination of MWFs is well documented, fungal contamination is often overseen and infrequently reported in the literature. In this study, we report fungal prevalence in in-use MWFs sampled worldwide over 10 years, and we are convinced that the presence of fungi is the norm rather than the exception. In addition, we evaluated the inhibitory effect of fungicides on fungal growth, sporulation and spore viability using traditional culture-dependent methods and flow cytometry. In essence, we show that the effectiveness of these fungicides is limited and dependent on the chemical construction of the fluid. We think that the ecology created by water-diluted MWFs is of higher importance than the anti-fungal activity of single components.

Sizing large-scale industrial heat pump for heat recovery from treated municipal sewage in coal-fired district heating system

Electrification of district heating and deep integration of sectors of national economies are fundamental elements of the future smart energy systems. This paper discusses the problem of optimal sizing of large-scale high-temperature heat pumps using treated sewage water as a heat source in a coal-fired district heating system. The study presents an approach to modelling of heat pump system that enables techno-economic analysis for investment decision making. Such analysis is enabled by a black-box-type identification model of the selected industrial heat pump. The model was developed based on the data generated by physical modelling of the heat pump using Ebsilon Professional software. In addition, it is proposed that the heat pump system is integrated with a dedicated photovoltaic power plant. The case study takes into consideration site-specific technical, economic, ecological, and legal constraints, weather conditions, hydraulic performance of the heat-ing network, and variability of loads within the sewage and the district heating systems. The results revealed that the proposed modelling approach is effective regarding multiple simulations and system optimisation. In addition, it was found that large-scale heat pump projects can be technically feasible and profitable if the heat pump is appropriately sized and operated. In the given case, the optimum size of the heat pump for a city of around 180 000 inhabitants is around 12 MW under maximum winter load.

Ensuring Compliance of Autonomous Weapons System (AWS) with IHL: Navigating Legal Constraints and Optimization Challenges

This article, titled "Ensuring Compliance of Autonomous Weapons System (AWS) with IHL: Navigating Legal Constraints and Optimization Challenges," explores the intersection of autonomous weapons systems (AWS) and International Humanitarian Law (IHL). With the rise of AWS in modern warfare, ensuring their compliance with IHL is crucial. The article addresses key questions: What legal constraints does IHL impose on AWS? What optimization challenges must be overcome to ensure compliance? How can policymakers and military developers navigate these issues? The article analyzes documents, ICRC Comments, Reports and existing literature using a qualitative, library-based research methodology. Findings reveal significant legal constraints related to accountability, proportionality, and distinction, alongside technical and ethical optimization challenges. The article concludes with recommendations for robust human oversight and clear legal frameworks to ensure AWS compliance with IHL, contributing valuable insights to the ongoing discourse on AWS regulation

Human Rights Violations: The Entry Point for International Troops into Papua

This research explores human rights violations in Papua, focusing on the feasibility of international troop deployment as an intervention strategy against a backdrop of severe abuses such as extrajudicial killings and arbitrary arrests documented by organizations such as Amnesty International. The study aims to assess the potential role of international troops in safeguarding human rights and maintaining peace, using a qualitative methodology to analyze secondary data from human rights organizations and governmental sources to identify trends and challenges. The main contributions include highlighting gaps in existing interventions, proposing a conceptual framework for international troop deployment that considers legal, political, and ethical dimensions, and contextualizing issues of state sovereignty and regional diplomacy within the ASEAN framework. Specific findings indicate that while international troop deployment could enhance civilian protection and accountability, it faces significant barriers, including legal constraints related to international law, political resistance from local authorities and neighboring states, and ethical concerns such as the risk of escalating violence and undermining local governance. The study concludes by suggesting a balanced approach emphasizing dialogue, sustainable development, and cooperation within ASEAN to address human rights issues in Papua effectively.

Integrating Population-Based Biobanks: Catalyst for Advances in Precision Health

Precision health extends beyond the scope of precision medicine and involves a broader range of activities, including the prediction, prevention, treatment, and management of diseases. Tailored to specific populations, precision health offers personalized treatment and preventive measures considering genetics, lifestyle behaviors, social determinants of health, and environmental factors. Precision medicine focuses on the personalized treatment of diseases, whereas precision health aims to promote health and prevent diseases using tools such as big data and advanced analytics to predict health risks and prevent diseases at the population level. Biobanks play a crucial role in achieving precision health because they provide well-characterized biological samples and related data for disease prediction, diagnosis, and treatment. Challenges in integrating different biobanks include data format consistency, privacy concerns, and legal constraints. Standardized methodologies and digitalization can mitigate these challenges. The integration of biobanks can facilitate comprehensive analyses across multiple datasets to achieve various research goals. This study proposes strategies to address these challenges, including the development of a dynamic consent mechanism for population-based biobanks using digitalization and blockchain technology. This study recommends the following: 1) integrating population-based biobanks, 2) introducing dynamic consent tools for human biobanks, and 3) using large human biobanks with dynamic consent for research on diverse diseases. These recommendations can increase the utility of biobanks in realizing precision health. A case study implemented at Taoyuan Tiansheng Hospital demonstrated the effectiveness of these recommendations for achieving precision health and enhancing the value of biobanks. Through a comprehensive examination of precision health and biobanks, this study provides valuable insights for researchers, healthcare professionals, and policymakers in the precision healthcare sector.

A Comparative Analysis of Punitive Damages in the United States and Japan: Toward Enhanced Intercultural Understanding

The study provides an in-depth exploration of punitive damages in the United States, focusing on its implications within global business and legal contexts. It examines how punitive damages in the U.S. serve to punish severe misconduct and deter future wrongdoing, particularly in cases of egregious harm. This approach is contrasted with Japanese law, which emphasizes compensating actual losses and typically excludes punitive damages. Through analysis of landmark U.S. cases, such as the Ford Pinto and McDonald's coffee cases, the study highlights both the justifications for and criticisms of punitive damages, including concerns about excessive awards and the evolving legal constraints following rulings like BMW of North America, Inc. v. Gore. Additionally, the paper considers debates on the potential introduction of punitive damages in Japan, acknowledging the cultural and legal factors that create resistance. This comparative analysis aims to foster greater intercultural understanding by illuminating how fundamental differences in legal philosophy shape each country’s approach to corporate liability and justice.

Implementasi Penegakan Hukum Undang-Undang Nomor 18 Tahun 2014 terhadap Perlindungan Hukum dan Kendalanya pada Orang dengan Gangguan Jiwa di Kota Semarang

The number of people with mental disorders in Semarang City continues to increase. The large number of people with mental disorders in Semarang needs to be addressed seriously to prevent causing discomfort in social activities. Therefore, the author compiled a journal titled "Implementation of Law Enforcement Law Number 18 of 2014 concerning Legal Protection and Constraints on People with Mental Disorders in Semarang City." This journal aims to uncover issues related to how the implementation of Law Number 18 of 2014 on law enforcement against legal protection for people with mental disorders in Semarang City and what factors cause people to experience mental disorders in Semarang City. The research method used in this study is a qualitative method with a socio-legal juridical approach. The data used in this study was obtained using data collection techniques through interviews conducted with Mrs. Lela Dwipayana, S.H. as the Social Rehabilitation Staff of the PMKS Guidance Service Sub-Coordinating Social Welfare Services. The results of this study found that Law Number 18 of 2014 on Mental Health has protected people with mental disorders by being handled by the Social Service in Semarang City.

THE PHILOSOPHY OF FREEDOM AND ITS LIMITS: UKRAINIAN EXPERIENCE OF DEMOCRATIC DEVELOPMENT

The purpose of this research is a philosophical reflection on the category of freedom in the context of Ukraine’s democratic development, with a focus on its limits in light of current political and social challenges, particularly war and crises. The study analyzes the historical stages of the concept of freedom in Ukraine, the legal and ethical constraints placed on it, and the existential dimension of responsibility tied to individual choice. The research methods include critical analysis of philosophical and political works, synthesis of approaches from different philosophical schools (particularly liberalism and existentialism), comparative analysis of freedom and responsibility concepts, and systematic analysis of the legal and ethical challenges facing modern Ukrainian society. The results of the study reveal that the concept of freedom in Ukraine has specific historical features, related to the ongoing struggle for national independence, and dynamically changes under the influence of external threats and internal political processes. It is determined that the limits of freedom are shaped not only by legal norms but also by ethical and societal factors that actively shape Ukrainian public discourse. Special attention is given to the existential dimension of freedom as responsibility, which manifests in complex moral choices in the context of war. The scientific novelty of the article lies in the combination of historical, legal, and existentialist approaches to understanding freedom in the context of Ukrainian democratic development, providing deeper insights into the relationship between freedom and responsibility during periods of social crises. The theoretical significance of the work lies in expanding the philosophical understanding of the category of freedom within the Ukrainian context, its interaction with legal and ethical norms, which is essential for further research in political philosophy and law.

Legal Constraints or Aggregate Individual Characteristics? Examining Factors of State R&D Intensity and Spending in the United States

ABSTRACTThis study empirically examines the impacts of legal constraints and aggregate individual characteristics on the funding and expenditure related to states' research and development (R&D). A system generalized method of moments (GMM) analysis is performed over a 20‐year period (2000–2019). The budgetary institutions, including rainy‐day funds, TELs, and debt limitations, significantly affect states' overall innovative capacity and R&D spending. They can hinder improvements in states' innovative capacity and R&D expenditure. On the other hand, states can circumvent these institutions and increase their R&D intensity and spending. States' development and human capacity foster their innovative capacity and R&D spending. Catholic work ethic is also crucial for enhancing state governments' innovative capacity and R&D expenditure. Legislative term limits reduce states' R&D intensity and expenditure. Meanwhile, economic downturns may motivate additional spending on R&D activities to promote states' innovative capacity and R&D spending. Fiscal burdens can prevent states from investing in R&D.

'Political Role in Journalism': Issues and Challenges in Nepal and Beyond

This paper examines the intricate connection between politics and journalism, highlighting the difficulties and effects of political influence on journalistic practices. The study shows, through a review of the, statement of problem, study of object and literature, that political beliefs have a major influence on media narratives, which frequently results in skewed reporting. The study is dependence of self-censorship, especially in authoritarian regimes. The crucial role that journalism plays in influencing public opinion and its consequences for democratic processes are also covered in this essay. It also draws attention to the difficulties that journalists encounter in politically delicate situations, such as censorship, physical threats, and legal constraints. The results highlight the necessity for journalistic independence and integrity to support democratic processes, as well as the dual role that media plays as a safeguard for democracy and a possible conduit for political influence. The study highlights the role that independent journalism plays in defending democratic norms in Nepal and notes the challenges that journalists confront in upholding impartiality and moral standards in the face of political polarization.

Status of Elderly People in Chandragiri Municipality of Kathmandu

This paper examines the intricate connection between politics and journalism, highlighting the difficulties and effects of political influence on journalistic practices. The study shows, through a review of the, statement of problem, study of object and literature, that political beliefs have a major influence on media narratives, which frequently results in skewed reporting. The study is dependence of self-censorship, especially in authoritarian regimes. The crucial role that journalism plays in influencing public opinion and its consequencesfor democratic processes are also covered in this essay. It also draws attention to the difficulties that journalists encounter in politically delicate situations, such as censorship, physical threats, and legal constraints. The results highlight the necessity for journalistic independence and integrity to support democratic processes, as well as the dual role that media plays as a safeguard for democracy and a possible conduit for political influence. The study highlights the role that independent journalism plays in defending democratic norms in Nepal and notes the challenges that journalists confront in upholding impartiality and moral standards in the face of political polarization.

Mapping cellular coverage suitability: a GIS-Based approach to identifying poor service areas

Cellular coverage is a critical component of modern telecommunications, providing essential services for communication, commerce, and emergency response. Despite its importance, many regions, particularly those with challenging terrain or low population density, experience inadequate cellular service. This study focuses on the commune of Laghouat, Algeria, employing a GIS-based Multi-Criteria Analysis (MCA) to assess cellular coverage suitability. Using ArcGIS Pro, four key factors were integrated: cell tower locations, terrain elevation, population distribution, and restricted areas. The methodology includes performing a Viewshed analysis to identify dead zones, converting population data into raster format to map demand, and digitizing restricted areas where telecommunication infrastructure development is prohibited. All factors were standardized to a common scale to ensure comparability and a weighted overlay analysis was conducted to generate a comprehensive suitability map. The map highlights areas of poor cellular coverage, guiding the placement of new infrastructure. Additionally, the research considers regulatory restrictions on land use, ensuring compliance with governmental policies. The resulting suitability map provides valuable insights for telecommunications providers and policymakers, enabling them to target underserved regions for infrastructure improvements while adhering to legal constraints. This study offers a robust, scalable framework for identifying and addressing cellular coverage gaps, applicable to other regions with similar geographic and demographic challenges.

The Life of the Rule of Law

The rule of law has become all things to all people, which is precisely why it has been hard to define. Rather than attempt that feat, this article traces how the rule of law has developed as a set of specific governing practices both in the history of comparative law and in recent policy debates. Whereas national legal traditions blended ideas about the constraining effects of law with normative ideas about the organization of politics, the policy conversation has tended to depoliticize law altogether. As a result, it became possible for aspirational autocrats determined to undermine normative legal constraints to game the system and use law for autocratic ends. The rule of law is now beginning a new life, however, through a movement to deparochialize law and re-embed it in transnational norms. This rule of law writ large has become a new touchstone for holding political power accountable through law.

Postgenocide and decolonizing approaches to peace education in the Anthropocene

ABSTRACT This article addresses the intersection of genocide studies, climate change, and peace education. It does so by examining the state of these connections, and proposes a fresh concept for considering the entanglements of contemporary violence in the Anthropocene. A notion of postgenocide sees the elements of geopolitical order, warlordism, climate change and resource exploitation. Postgenocide is an approach to mass violence occurring beyond the usual framing of state violence and intent. It aims to enrich the ongoing decolonization of peace education, as well as empower peace educators in conveying these often-complex relations in a violence-prone and climate changing world. Thinking outside of legal constraints of genocide or emotive fuzziness of climate change, educators can broaden their appeals and promote decolonized thinking of how violence works, its agents, and who it impacts in the Anthropocene. Postgenocide offers a transformative research and praxis link frame beyond globalizing Holocaust education as a stand-in for human rights education. Peace educators can leverage global concepts like postgenocide to cut through and examine the complexity of such entanglements.

Supporting Law Student Wellbeing: Integrating Trauma-Informed Practices in Legal Education

Sensitive course content pervades all courses in a law degree and is one of many diverse and complex factors impacting law student wellbeing. This article defines sensitive course content and examines its effects through the lens of trauma, particularly vicarious and collective trauma. It explores two examples from Australian universities where trauma-informed practices were integrated into the legal curriculum. Incorporating trauma-informed practices offers numerous benefits: it supports the mental wellbeing of law students, enhances their employability and destigmatises conversations around this critical issue. However, implementing these practices in legal education faces challenges, such as the diversity of legal practices, institutional constraints and law school culture. Legal education providers must lead the way in mitigating the impacts of sensitive course content by integrating trauma-informed practices and conducting further research to support law student wellbeing.

Everyday Triangulation within Challenging Informational and Legal Contexts: Exploring Everyday Triangulation in Individuals Considering Cannabis Use during Pregnancy or Lactation

ABSTRACTMedical evidence on the risks and benefits of cannabis is limited; existing research is often inconclusive or conflicting. In the United States, cannabis use during pregnancy is stigmatized and often subject to complex legal constraints; these contextual components may have significant effects on information seeking and informed decision‐making processes. This study applies Reflexive Thematic Analysis to 23 telephone interviews with individuals considering cannabis use in pregnancy or lactation to explore their information needs; how adequately those needs were met; and how information triangulation, and other information seeking behaviours, were used to make decisions given the dearth of scientific evidence. Findings suggest that information needs are complex and contextual, and that participants used forms of triangulation that included relational and intuitive elements as well as cognitive assessment processes. A new model of Everyday Triangulation (ET) is presented to represent these complex assessment practices in a holistic manner.

'The abortion gave me my life back': the long-term impact of access to self-managed medication abortion through telemedicine on women's lives in legally restricted countries.

Approximately 753 million women (38%) of reproductive age live in countries with restrictive abortion laws. To overcome these legal constraints, women access safe self-managed medication abortions through telemedicine abortion services. This study aimed to explore the long-term impact of accessing a self-managed medication abortion through telemedicine service on women's lives in countries with restrictive abortion laws. We conducted interviews with eleven women (from eleven different countries) who accessed a self-managed medication abortion through online telemedicine between 2014 and 2018 in a legally restricted country. We analysed interviews thematically. Three key themes were developed: (1) access to abortion positively impacted life plans; (2) the negative influence of the legally restricted environment wore off and their well-being improved; (3) participants are now using their own experiences to help others by either sharing information or facilitating access to abortion. In summary, our findings highlight the positive impact of access to self-managed medication abortion and underline the importance of ensuring access to abortion for everyone.

Total Synthesis of the Dimeric Phytocannabinoid Cannabitwinol (CBD Dimer) and Its Analogues.

A new synthetic route to access the natural product phytocannabinoid cannabitwinol (1) starting from commercially available raw materials is disclosed. We have also demonstrated the synthesis of other related dimers, including their enantiomers, using the present sequence. This route avoids the legal constraints concerning the acquisition of cannabis plant material or CBD.

Persistent unilateral action

Abstract Many believe that weaker legal constraints make unilateral action easier to reverse than legislation. Yet in some cases, unilateralism survives a successor's determined opposition. I argue that legislative persistence and unilateral transience may arise not only from differences in legal status but also from a selection effect: unilateralism and subsequent rescission can both stem from weak underlying policy-demanding groups. But if unilateralism itself alters the landscape of group power through policy feedback effects, it can survive a purportedly opposed new president. An example is the Trump Administration's failure to depart from the Obama Justice Department's lax stance on cannabis. Weak constituents’ policy demands may thus need to rely on a sympathetic president's unilateral action to begin a feedback loop, subsequently softening opposition. This paper therefore identifies unilateral action as a key tool for shifting policy in an enduring way, explaining its success or failure in terms of interest group power.

Political and Legal Disarrays of Separation of Powers in the Oromia Regional State Structure

In principle, a functional division of powers is a prerequisite for limited government. Oromia Regional State, the largest sub-national state in the Ethiopian federation, can exercise upward influence if it develops a limited government with a strong separation of power within its borders. The purpose of this paper is to make an effort to look into the political and legal difficulties that threatened separation of power among the major participants in the region's power dispersion structure. In order to achieve this, the study employed interviews with a few specifically chosen experts and officials from the three arms of regional government, as well as a pertinent literature analysis and personal observation. This led to the discovery that several political and legal constraints significantly restrict the power structure in the region. Ultimately, it was proposed that in order for the region to ensure genuine separation of powers, political players would need to work together to create a political culture that supports constitutionalism and maintain their commitment to the rule of law.