Part Deals Research Articles

PROTECTION OF FOREIGN INVESTMENT IN INDIA: A HISTORICAL ANALYSIS

International investment agreements are the tools of international law by which two or more countries give reciprocal assurance for the protection of foreign investment in their countries. Long before there was no such regime of international property protection. In colonial time the foreign property was subject of the law of foreigner. At that time there was no certainty in international property regime. India had paid heavy price for the same. This paper tries to map out the whole journey of development of international property protection in India. In the first part paper tries to find out the international rule for the protection of foreign property in India. Unfortunately there was no such universal regime prevalent in any part of the world for the protection of foreign property. Second part deals with the development of International property protection in in post-colonial period. In this period newly independent colonies did not trust the foreigners due to its chequered history. Third part deals with the period after liberalization, privatisation and globalisation. In this period India had embraced the international investment law regime as an overall strategy of liberalization, privatisation and globalisation. In this period India had signed most of its International investment agreements. However, in this period India also faced with multiple investment claims by many foreign investors. In wake of these investment claims India had recently spelled out its new Model BIT and terminated its most of the International investment agreements. And finally concludes that there is some problem with the new Model BIT due to which Indian government still facing difficulty in inking new international investment agreements with the countries with whom India has had deep economic ties.

Legal analysis of the risks in art exhibition contracts from the perspective of international law

International art exhibitions can lead to disputes between multiple parties due to their transnational and complex nature, unlike domestic art exhibitions. The “Kiefer” Chinese painting exhibition triggered a series of controversies that should not be overlooked. Professionals in the art industry should reflect on these controversies to gain insights and promote the development of the field. This article focuses on the “Kiefer” incident to discuss the major risk points in the international art exhibition process. The article is divided into three parts. The first part concerns the selection and application of the law, where parties must carefully consider which laws and international rules to apply. The second part addresses the nature of the contract and liability, examining how the applicable law affects the legal nature of the contract and the obligations of the parties involved. The third part deals with unauthorized disposition and judicial seizure, focusing on issues of good faith acquisition when a party receiving artwork illegally disposes of it without the owner’s permission, as well as the problem of judicial seizure and immunity from judicial seizure of artworks (including cultural relics) involved in litigation.

Požehnání v biblické a prakticko-teologické perspektivě: Příspěvek k diskuzi o žehnání párů stejného pohlaví

The study examines the concept and practice of blessing in contemporary Christian churches and reflects on the possibilities of blessing same-sex couples. It emphasises the need to distinguish the blessing of a same-sex couple from the legal act of entering into a civil partnership. The purpose of the blessing is not to affirm or sanctify a particular life form but to bring a couple committed to an enduring relationship of love, respect and fidelity before God, promising his favour, grace and gifts. The study consists of three parts. First, it introduces the concept of blessing in the Old and New Testament. The second part discusses blessing from a contemporary practical theological perspective. It presents blessing as a gift and a task of the church community and as a key motif of casual services. It points to the specific linguistic form of blessing as opposed to prayer, wish and proclamation, presents blessing as an act of communication and reflects on the question of its content and effects. The third part deals with the question of who or what can be blessed and whether it is theologically legitimate to bless same-sex couples. It reflects on the possibility of blessing in the pastoral practice of the Roman Catholic Church, anchored in the declaration Fiducia supplicans, and in the liturgical practice of the Evangelical Church of Czech Brethren. It concludes with a summary of the findings.

Size Effect on the Ductile Fracture of the Aluminium Alloy 2024-T351

BackgroundReliably calibrated criteria are needed for an accurate prediction of fracture of various components. However, there is not always a sufficient amount of material available. Therefore, miniature testing provides an alternative that is researched together with the following calibration of the ductile fracture criteria and investigating the size effect.ObjectiveThe aim is to design miniature testing equipment and specimens for tensile testing, which covers various stress states. This is supplemented by the small punch test, which has the same specimen thickness, taken from the literature to broaden the portfolio for calibration. The second part deals with conducting the finite element analysis, which provided a basis for the calibration of the phenomenological ductile fracture criterion applicable to crack-free bodies to indicate the crack initiation.MethodsThe steel frame to test thin specimens is designed with optical measurement of deformations. The finite element method is used, within Abaqus and user subroutines, to simulate the tests to obtain the variables needed for the calibration. In addition, the calibration of the criterion using machine learning is explored.ResultsThe feasibility of the proposed experimental program is tested on the aluminium alloy 2024-T351. Moreover, the numerical simulations, which showed a good match with experiments in terms of force responses, adds to the knowledge of modelling in the scope of continuum damage mechanics.ConclusionsThe presented results provide a material basis for the aluminium alloy studied on a lower scale, while they broaden the testing possibilities and analyses the calibration strategies for the best failure predictability possible.

Applying Binder Jetting Technology to 316L Stainless Steel Materials and Testing Its Mechanical and Dimensional Properties Depending on the Printing Method.

This article discusses special additive technologies, with a particular focus on the innovative binder jetting technology used to create three-dimensional objects. The theoretical part of this article defines the production process-its shortcomings and benefits. Also, the article describes process parameters and individual steps that must be optimally set for the desired result. Further, the article characterizes the most influential factors that are indispensable in the printing process-metallic powder, binder, printing parameters, and finishing operations after the printing itself. The conclusion of the theoretical part deals with various material possibilities when using binder jetting technology. In the practical part of the article, the properties of the material, the chemical composition, and the resulting accuracy of the printed samples will be verified experimentally. The information obtained will subsequently be used to identify an economically advantageous application of binder jetting technology.

Dual-Mode Embedded Impulse-Radio Ultra-Wideband Radar System for Biomedical Applications.

This paper presents a real-time and non-contact dual-mode embedded impulse-radio (IR) ultra-wideband (UWB) radar system designed for microwave imaging and vital sign applications. The system is fully customized and composed of three main components, an RF front-end transmission block, an analog signal processing (ASP) block, and a digital processing block, which are integrated in an embedded system. The ASP block enables dual-path receiving for image construction and vital sign detection, while the digital part deals with the inverse scattering and direct current (DC) offset issues. The self-calibration technique is also incorporated into the algorithm to adjust the DC level of each antenna for DC offset compensation. The experimental results demonstrate that the IR-UWB radar, based on the proposed algorithm, successfully detected the 2D image profile of the object as confirmed by numerical derivation. In addition, the radar can wirelessly monitor vital sign behavior such as respiration and heartbeat information.

Surface and Depth: Reading Photographs in Obasan and The Invention of Solitude

Since its invention, photography has been imbued with the promise of providing a sense of fullness and has been believed to possess the unique capacity to capture the entirety of a moment. On the other hand, such assumed potentiality to capture all is yet found subject to the surface, and photography turns out to be a sort of art that lacks depth. This paper intends to focus on the tension between surface and depth in the representation of photographs in literature, a topic that is often neglected in literary studies. Through the theoretical lens of Walter Benjamin’s and Roland Barthes’s discourses on photography, this paper examines Joy Kogawa’s Obasan and Paul Auster’s The Invention of Solitude, both of which expose the discrepancy between what is visible on the surface and what lies beneath, as well as between what is within the frame and what exists beyond it. This paper is divided into two parts. The first part discusses how Benjamin’s and Barthes’s discourses on photography lead to the discussion of the surface and depth issues. The second part deals with the photographs in the two literary works, exploring how theoretical concepts of photography, including Benjamin’s “the optical unconscious” and Barthes’s “punctum,” will help shed light on them. By juxtaposing critical discourses on photography with these literary works, this paper concludes that their representation of photographs grapples with the tension between surface and depth and resonates with Benjamin’s and Barthes’s notions on photography.

Home office and the Work Environment of Public Servers

Introduction: This article aimed to identify and analyze the changes that occurred due to the implementation of home office, as a result of Covid-19, in the work environment of technical-administrative employees at federal universities. The research used a qualitative and descriptive approach. The results showed that employees prefer to continue working from home, with the hybrid model or partial teleworking being preferred. The main advantages were autonomy and greater flexibility of schedules; increased productivity; less bureaucracy and family coexistence. And the main disadvantages were adequacy of the work space; leadership difficulties and feelings of isolation. Objective: The objective of the research, which is exploratory in nature, is to analyze the changes that the home office brought to the work environment of technical-administrative employees at a federal university. Theoretical Framework: The theoretical framework is divided into two main parts. The first part deals with home office research, which conceptually underlies this research. The second part explores the home office in more detail in the context of Brazilian public administration. Method: The qualitative methodology was adopted for this research, through semi-structured interviews with 18 administrative technical employees from the Federal University in São Paulo (UF). The Atlas TI 23 was used for content analysis. The research was authorized and approved by the Research Ethics committee at the institution involved. Results and Discussion: The results showed a preference for the home office model, especially the hybrid or partial model (with in-person work once or twice a week). Also, it was found that the performance of the servers was influenced by the implementation of the home office, in their perception, with the majority reporting difficulties in adapting in the first months and, currently, they consider that their productivity has returned to the same standards, or improved, compared to when the activities were only in person. Research Implications: It is considered that this study can serve as a reference for other public universities, as well as for federal institutes, as both enjoy the same managerial and administrative autonomy, constitutionally guaranteed; and the respective employees are under the same legal employment regime at the federal level. Originality/Value: The relevance and value of this research are evidenced by [explain how the results may impact the area of study or professional practice]. It is considered that this study can serve as a reference for other public universities, as well as for federal institutes, as both enjoy the same managerial and administrative autonomy, constitutionally guaranteed; and the respective employees are under the same legal employment regime at the federal level.

Positivity and convexity in incomplete cooperative games

Incomplete cooperative games generalize the classical model of cooperative games by omitting the values of some of the coalitions. This allows for incorporating uncertainty into the model and studying the underlying games and possible payoff distributions based only on the partial information. In this paper, we conduct a systematic investigation of incomplete games, focusing on two important classes: positive and convex games. Regarding positivity, we generalize previous results from a special class of minimal incomplete games to a general setting. We characterize the non-extendability to a positive game by the existence of a certificate and provide a description of the set of positive extensions using its extreme games. These results also enable the construction of explicit formulas for several classes of incomplete games with special structures. The second part deals with convexity. We begin with the case of non-negative, minimal incomplete games. We establish the connection between incomplete games and the problem of completing partial functions and, consequently, provide a characterization of extendability and a full description of the set of symmetric convex extensions. This set serves as an approximation of the set of convex extensions.

Personality Rights and Real Person Fictions: Do The Real Person Get a Say?

In this rapidly evolving world individuals have found various ways to express themselves and share that part of them with the world. In this modern age anyone with smart device and an internet connect can become a celebrity and with the same items anyone can create fictional works that are based on those and other celebrities. These creations are generally referred to as Real Person Fictions (RPFs). RPFs can bem short stories, poems, artworks and even full length novels. These works help creators practice their craft, bond with a community and break the bounds of reality but what happens if this right of the author to express themselves starts interfering with the real person’s right to publicity and privacy? Celebrities have expressed the implication of harmful portrayals in these RPFs which have had real life implications. The growing trend of commercializing RPFs on a big scale adds an incentive to look into this issueand address it as a bud. The concept of personality right is well established in India however the lack of codification of the same has led to contradictory judgments and blurred lines of boundaries. In this regard this article attempts to address the issue of personalityright or the right to publicity when it comes to real person fictions. This paper is divided in three parts. The first part deals with definition of real person fictions and how it differs from the existing classifications of fictional creations. The second part analyzes the efficiency of existing Indian laws when it comes to governing RPFs and the implication of the same. The third chapter provides informed suggestions for an enactment to govern personality right in India.

THE WEST IN THE FACE OF CRISES SINCE THE NINETEENTH CENTURY. RETURNING TO THE LAND AND TO LOCALITY IS ONE OF THE TRADITIONAL RESPONSES TO CRISES

Responses to epidemics and climate change since ancient times, as well as their interpretations, ar e recurrent in times of crisis. Confronted with what may appear to be a series of global crises - health, environmental, economic and even democratic - the ideas on the virtues of what is local and rural are becoming increasingly important. We propose to put this return to locality ‘in historical perspective’. The first part of the paper presents the major events, in France, and explains the major changes in the agricultural world between the 18th and 19th centuries. The second part highlights the aesthetic, artistic, utopian and literary reactions to the ravages of industrialisation in France and England. The third part deals with the integration of nature in the city since the 18th century, and then the nostalgic aspirations for working the land since the 19th century. Finally, in these times of pandemic, we conclude this study on the current movements of degrowth, ecology and return to the local, in favour of food and collective gardens.

(UN)EINIG? GENERATIONEN VON SCHRIFTSTELLERINNEN IM DIALOG ÜBER DIE EMANZIPATION VON FRAUEN: HELMINA VON CHÉZY, AMALIA SCHOPPE UND AMALIE STRUVE*

AbstractIn addition to her literary activities, the writer Helmina von Chézy (1783–1856) was committed to the emancipation of women throughout her life. She took a public stand on women's literary activity, participated in anthology and journal projects and wrote portraits of women in various genres. Among her correspondents was Amalie Struve (1824–62), a writer of the 1848/49 revolution who was two generations younger and who came into contact with the women's rights movement in America during her exile. The article explores the extent to which Chézy's Nachlass in the Varnhagen Collection provides new insights into the emancipation of women before and immediately after the revolution. Chézy's previously unpublished portrait of Amalia Schoppe (1783–1858), who also belonged to her network, is examined more closely. To what extent can conclusions be drawn from these texts about the state of the public debate on women writers in Germany? What is innovative about their contribution? The second part deals with Amalie Struve's letters to Chézy from the time of her move to the USA. To what extent do they shed new light on Chézy as a writer of radical change as well as on Struve's emancipatory commitment? To what extent does a generational transition become clear here?

Tourism 4.0 -The Digital Innovations in Hospitality and Tourism Industry

Objectives: The one of four equal parts of the industrial stage has affected all domains, savings, and activities. Technology, the key planner for Industry 4.0, likewise has a vast effect on the tourism industry. The objective concerning this division search is to consider by what method the idea of Industry 4.0 has happened, allowing for the possibility of tourism. Notwithstanding that philosopher gave consideration to the concept of Industry 4.0 earlier in their careers, the research on Tourism 4.0 is still in first early stages. Methods: Tourism 4.0 research is still in its formative phase. Therefore, an exploratory type of research was chosen to achieve the research objectives and a descriptive way of presenting the results. Data collection was done using a systematic internet survey. This method was completed from January to July 2020 -21. Mega search engine The National University Library (NUK, ND) was used for the search with academic articles published in important scientific databases; it is the most complete collection of scientific articles. Google Scholar and the Google search engine were used in this search additional related documents. Results and Conclusions: The research results are divided into three subsections. The first and second parts provide answers to the first and second studies. The third part deals with the third research question. The first part introduces the various uses of the term tourism 4.0. For any country that has already implemented the term Tourism 4.0. Part second shows how to deal with the term tourism 4.0. In an academic article, the third section condemns and compiles. Examples of the implementation of enabling technologies leading in Industry 4.0 in the field of tourism services.

Subject review: Human activity recognition based on depth images

Human activity recognition (HAR) has becomes a well-known area of study for researchers due to its multiple possible applications. HAR systems are applied in many areas including supervisory nursing care, medical supervision, surveillance, human- machine interaction, gaming and entertainment, etc. However, developing a robust HAR system that incorporates a comprehensive and scalable set of feature spaces is a challenging task. Much research has been done in this area to develop efficient HAR systems. In this article, a review of the developments in Human Activity Recognition (HAR) will be presented. Human activity recognition works on two basic principles; feature extraction from sensor data and classification of features into action classes. The review presented in this article is hence divided into two parts. The first part deals with feature representation in HAR systems such as Space-time Features, Frequency Features, Local Descriptors, Optical Flow Based, and Skeleton Joints. The second part deals with the classification approaches used in the literature such as Bayesian, and HMM.

Active intrusion detection and prediction based on temporal big data analytics

Computer security consists in protecting access and manipulating system data by several mechanisms. However, conventional protection technologies are ineffective against current attacks. Thus, new tools have appeared, such as the intrusion detection and prediction systems which are important defense elements for network security since they detect the ongoing intrusions and predict the upcoming attacks. Besides, most of conventional protection technologies remain insufficient in terms of actions since they are all passive systems, unable to provide recommendations in order to block or stop the attacks. In this paper, a distributed detection and prediction system, composed of three major parts, is proposed. The first part deals with the detection of intrusions based on the decision tree learning algorithm. The second part deals with intrusions prediction using the chronicle algorithm. The third part proposes an expert system for security recommendations in response to detected intrusions, able to provide appropriate recommendations to stop the attacks. The proposed system gives good results in terms of accuracy and precision in detecting and predicting attacks, and efficiency in proposing the right recommendations to stop the attacks.

Политико-экономическая теория популизма

The paper presents a cross-disciplinary theory of populism. The first part of the article considers a definition of populism, the main electorate of populist forces, and the economic triggers of protest votes for populist parties. The second part deals with the different types of political populism, the reasons for their actualization in the 21st century, and the institutional consequences of populist power. The demand for populism comes from fragmented social groups that lost out in the social transformations following the neoliberal revolution of the 1970s and experienced the negative shocks of globalization. The protest electorate is organized around charismatic leaders who find 'scapegoats' in the form of traditional elites, migrants, or minorities and claim to speak for the «nation». Populism can contribute to democratization in its early stages. However, once in power, populists tend to undermine the system of checks and balances, leading to a decline in the quality of institutions and a slowdown in economic growth. The third part of the paper assesses the impact of economic populism. It is concluded that the definitional approaches used in academic literature do not meet the requirement of universality and do not imply a sufficient level of operationalization necessary for empirical research. An alternative approach is proposed that develops the «classical» definition of R. Dornbusch and S. Edwards: economic policy aimed at provoking economic shocks in order to increase the political ratings of the authorities and downplaying socio-economic risks. This approach enables economic populism to transcend the ideological framework of «right-left» economic policy, separate it from the economic policy of political populists, and evaluate the populist policies of mainstream parties. The theory of economic populism converges with the theory of political business cycles, but is not limited to elections and focuses on assessing demand rather than supply.

University absorptive capacity: Normative and perceived assessments

Knowledge management in universities is a dual process combining continuous learning and development of academic staff with the simultaneous transfer of knowledge to students. Collective capabilities and motivation of university employees to absorb and effectively apply knowledge underlie the so-called university absorptive capacity. However, characteristics perceived by workers and the level of absorptive capacity may contrast with the assessments based on university performance standards. The paper proposes and tests a dual method for judging on university absorptive capacity based on normative and perceived assessments. Methodologically, the study rests on knowledge management, the fundamental theoretical framework that covers the concept of absorptive capacity of an organization. Among the research methods are comparative analysis of university performance indicators and economic statistics. Empirical evidence includes data from the survey of 187 academic staff members of Ural Federal University (Ekaterinburg, Russia) and the Monitoring of Efficiency of Higher Educational Institutions in the RF in 2022–2023. Having performed content analysis, we identified the following evaluation parameters: the current level of employees’ knowledge and the potential for knowledge absorption in the organization. The first part of the methodology presents an algorithm for comparing the growth rates of normative performance indicators of the university in question with those of analogous universities. The second part deals with assessing absorptive capacity based on academic staff’s perceptions. The testing results indicate that there is a discrepancy between the normative and perceived assessments, which allowed us to propose a set of measures for adjusting the HR management model in a university.

Influence of the Cultural Defence on Conduct and Culpability in South African Criminal Law

South African criminal law has no separate, distinct, or novel cultural defence. Such a defence could negate or mitigate an accused’s criminal liability for a culturally motivated crime. Whether South Africa’s criminal law could adopt such a defence requires understanding its influence on the requirements for criminal liability. This article evaluates the influence of the cultural defence on the elements of conduct and culpability. The first part deals with the cultural defence and voluntary conduct. The discussion then turns to culpability, which consists of criminal capacity and fault (mens rea). The third part considers the cultural defence’s influence on criminal capacity, while the fourth considers its influence on fault. More specifically, the article evaluates how the existing types of defence that can negate conduct and culpability in South Africa’s criminal law can accommodate arguments of an accused’s cultural background, values, and beliefs to determine whether there is a gap that only a separate, distinct, or novel cultural defence can fill. The article concludes that South Africa’s principles of conduct and culpability are already flexible enough to accommodate such arguments, obviating the need for introducing a separate, distinct, or novel cultural defence.

Synthesis and Applications of N-Alkoxymethylated Azaheterocycles

Abstract: Alkoxmethyl heterocycles play a significant role as bioactive compounds in pharmaceutical and bifunctional ligands in synthetic organic chemistry. N-Alkoxmethylation can lead toward multipurpose mixed acetals, natural product precursors, and task-specific functionalized ionic liquids. This report provides a comprehensive account of the synthesis and perspectives applications of alkoxymethyl azaheterocycles. The first part gives a detailed account of the different synthetic strategies employed to access N-alkoxy methyl heterocyclic compounds. The second part deals with their applications, owing to the unique reactivity of the alkoxymethyl group and the nature of heterocycle. Besides diverse biological and synthetic applications, alkoxymethyl benzotriazoles also provide substantial scope as a versatile anion stabilizer that can lead to diverse oxygen functionalities.

Migrations as a Collective Act. Case Studies

The 21st century became a period of mass migration, which had to do with the „shrinking of the world” through globalization, the development of means of transport and communication. In 2015 and 2016, Europe experienced its first migration crisis. The next occurred in 2021 and 2022. Forecasts for Europe in this regard are not optimistic. from which it can be concluded that we will experience further crowds of migrants at the external borders of the EU. The purpose of this article is to analyze migration to EU countries in the context of a collective act. In it, the thesis is put forward that being in a crowd increases the chances of the migrants’ intentions being realized. The article is divided into three parts. In the first, it analyzed the processes of psychological behavior in a crowd based mainly on Gustav Le Bon’s theory. Next, the migration crises of 2015 and 2021 were explored in the context of the migrant crowd. In turn, the last part deals with the so-called the „Caravan of Light” that is, the attempt by Syrians from Turkey to the EU to undertake collective migration in 2022.