Private Parties Research Articles

Multi-Stage Bargaining of Smart Grid Energy Trading Based on Cooperative Game Theory

Due to global warming and climate change, it is essential to produce power using renewable sources, such as solar, wind, fuel cells, etc. The traditional grid shifts towards the smart grid by infusing digital communication techniques and information technology. As the current power system is shifting towards a smart grid, the utility and prosumers participate in the energy trading process. Due to the distributed nature of the smart grid, providing a fair price among them is becoming a difficult task. The article introduces a model for energy trading in a smart grid by allowing participants to negotiate in multiple stages using a game-theory-based multi-stage Nash Bargaining Solution (NBS). The model’s application of game theory enables the participants to decide on a mutually acceptable price, thereby encouraging the utility, private parties and prosumers (those who are able to generate and consume energy) to participate in the trading process. Since all parties participate in the trading procedure, greenhouse gas emissions are reduced. The proposed model also balances the benefits of consumers and producers in the final agreed fixed price. To demonstrate the efficacy of the proposed work, we compare the analytical results with feed-in-tariff (FiT) techniques in terms of consumers’ energy bills and producers’ revenue. For experimental analysis, 20 participants are considered, where the percentage reduction in the bill of each consumer and the percentage increment of revenue of each producer are compared to FiT. On average, the overall bill of the consumer is reduced by 32.8%, and the producers’ revenue is increased by 64.83% compared to FiT. It has been shown further that the proposed model shows better performance as compared to FiT with an increase in the number of participants. The analysis of carbon emission reduction in the proposed model has been analyzed, where, for 10 participants, the carbon emission reduction is approximately 28.48 kg/kWh, and for 100 participants is 342.397 kg/kWh.

On Optimization of Protection of the Rights and Guarantee of the Legal Interests of the Victige in Criminal Proceedings

Being one of the key private parties in criminal proceedings, the victim does not have sufficient procedural independence: the exercise of his rights is conditioned by the will of other persons with authority, and his procedural status requires additional legislative regulation. The objectives of the study are to determine the features of the legal model that determines the procedural and legal status of the victim in the conditions of modern criminal proceedings. Conclusions are drawn about the need to concretize and ensure the proper implementation of the independent procedural interests of the victim. Proposals are formulated to improve the procedural status of the victim. The research was carried out on the basis of the analysis of fundamental and controversial provisions of criminal procedural law, legal regulators of criminal procedural legal relations, methods of dialectical cognition, general scientific and private scientific methods were used. The author substantiates the need for proper formalization of the procedural function of the victim and granting him rights that allow for its unhindered implementation.

Kings, Treasures, and Looting: The Evolution of Sovereign Immunity and the Foreign Sovereign Immunities Act

Last year witnessed the conclusion of a long-fought dispute between a private party and a foreign government over an art collection with significant cultural value. It involved a treasure of ecclesiastical objects dating back to Medieval Germany that had once belonged to the royal House of Guelph and housed in the muralled medieval Brunswick Cathedral in Braunschweig, Germany. Ultimately, after over a decade of fighting, the controversy’s resolution did not involve an ownership determination by a U.S. court. Rather, the high court abstained from making a determination and instead declined to exercise jurisdiction over Germany. The lack of decision was not surprising, particularly in light of delicate foreign policy issues at play and the importance of keeping the judiciary out of international political disputes. The court’s unanimous decision was consistent with prior holdings, and so perhaps it was foreseeable that the court did not examine the merits of the ownership claims. However, a line of cases against Greece, Switzerland, and Italy did come as a shock, because they involved claims against foreign countries for asserting ownership interests in antiquities that were suspected of having been looted. Never before had governments been sued for their actions regulating the antiquities market and working to protect cultural artifacts.

Ten-year results of leisure noise exposure among adolescents and young adults–findings from the OHRKAN cohort study

Objective To observe total leisure noise (TLN) exposure and to investigate determinants of risky TLN exposure among adolescents and young adults over a ten-year observation period. Design OHRKAN is a longitudinal study with five equidistantly distributed questionnaires (waves) over ten years. Risky TLN exposure was defined as exceeding ≥85dB(A) averaged over 40h per week. To identify determinants of risky TLN exposure longitudinally, generalised estimating equations were applied. Study Sample A subgroup (n = 661; mean age 25.6 years in the fifth wave; 58.4% female) of the closed cohort study OHRKAN was analysed. Included participants took part in the fifth wave prior to the study break due to COVID-19. Results Analysis of participants’ data from all five waves showed that risky TLN exposure was highest during the second wave (72.0%), when participants were aged 17–19 years, and thereafter steadily declined. Among young adults, attendance at discotheques and private parties, especially, caused very high exposure. Determinants of risky TLN exposure were wave time point, male gender, a higher level of education, and smoking. Conclusions As TLN exposure is highest among older adolescents, prevention programs should target younger teenagers and be tailored to the identified risk groups. The risk from private parties should be addressed.

The effect of contract- and network management on performance and innovation in infrastructure projects

IMPACT How should complex infrastructure projects be managed? A survey of practitioners in public–private partnership (PPP) projects and 35 interviews with these practitioners provided a detailed picture of the management of these projects. The survey research revealed that strict contract management (monitoring performance criteria and sticking to the contract) did not show a significant relationship to either the performance of, or innovation in, these projects. Network management (for example connecting involved parties and exploring new solutions), however, was significant—especially in terms of performance. In the interviews, practitioners highlighted that the complexity of these projects meant that a collaborative relationship between the public and private parties was essential to overcome unforeseen problems. It is therefore advisable to make process agreements at the start of contracts that provide for unexpected issues. The authors conclude that the contract is certainly important but will not generate good performance without active network management and making process rules about how parties can collaborate. ABSTRACT Based on economic and governance theories, this article uses survey and interview data to examine the relationship between contract management and network management on the one hand and collaboration, innovation and performance on the other. A positive relationship was found between network management and collaboration and performance. Contract management demonstrated no significant relationship with either collaboration or performance. Additionally, while there was a positive association between network management and innovation, it was not statistically significant. Qualitative data emphasized the complexity of projects and limitations of contracts as a possible explanation.

Evidence of Sympathetic Overactivity in Subjects with REM Behavior Disorder at Risk for Parkinson’s Disease (P6-13.002)

<h3>Objective:</h3> To evaluate sympathetic nervous system (SNS) activity in subjects with REM sleep behavior disorder (RBD) at risk of Parkinson’s disease, using imaging and autonomic functions markers. <h3>Background:</h3> While the nature of RBD is not completely understood, there is evidence that enhancement of noradrenergic activity may play a causative role, as suggested by evidence of persistent tonic discharge of locus coeruleus (LC) and RBD-triggering action of selective norepinephrine reuptake inhibitors. <h3>Design/Methods:</h3> Subjects &gt;50 years old with RBD with at least one pre-motor PD symptom (hyposmia, constipation, depression) were tested with a battery of autonomic evaluations including SCOPA-AUT questionnaire, cardiac MIBG scintigraphy, Heart Rate Variability (HRV) and neuromelanin sensitive MRI (NSMRI) of LC and substantia nigra (SN). Analyzed variables included: 1) for MIBG, late heart/mediastinum (H/M) ratio and washout ratio (WR); 2) for HRV, time and frequency domain measures; 3) for NSMRI, contrast-to-noise ratio (CNR) between LC and pons and between substantia nigra (SN) and cerebral peduncles. Results were compared with available normative ranges. <h3>Results:</h3> 14 subjects (11M, age 66.2±8.2) were enrolled. Average total SCOPA-AUT score was increased (12.1±6.7 vs 8.8±5.4), with gastrointestinal (2.4±2.1 vs 1.4±1.6), urinary (5.4±2.7 vs 3.9±2.4) and cardiovascular (0.86±1.10 vs 0.3±0.6) scores above normal ranges. MIBG late H/M ratio was reduced (1.45±0.31) with increased WR (33.0±14.8). HRV results showed enhanced sympathetic and low parasympathetic activity both in time (SDNN 106.8±73.2ms; RMSSD 21.9±10.9ms; PNN50% 6.7±8.4%) and frequency domain (LF/HF 3.4±1.8). NMSMRI showed high LC CNR (right 3.26±1.9 vs 2.08±0.5; left 2.95±0.9 vs 2.79±0.5). SN CNR was high (Medial 6.24±1.9 vs 4.57±0.8; Central 6.26±1.6 vs 3.43±0.6; Lateral 3.44±2.1 vs 3.05±0.5) and MDS-UPDRS motor scores were low (2.9±3.3). <h3>Conclusions:</h3> RBD subjects at risk for PD show abnormal autonomic scores, which appears to be driven by SNS overactivity, as suggested by increased MIBG WR, elevated LF/HF HRV ratios and increased LC and SN NSMRI signal. <b>Disclosure:</b> Dr. Tagliati has received personal compensation in the range of $10,000-$49,999 for serving as a Consultant for Abbott. Dr. Tagliati has received personal compensation in the range of $10,000-$49,999 for serving as a Consultant for Boston Scientific. Dr. Tagliati has received personal compensation in the range of $500-$4,999 for serving as a Consultant for Supernus. Dr. Tagliati has received personal compensation in the range of $500-$4,999 for serving as a Consultant for NeuroDerm. Dr. Tagliati has received publishing royalties from a publication relating to health care. Dr. Gregorio has nothing to disclose. Dr. Maghzi has nothing to disclose. Gloria Obialisi has nothing to disclose. Dr. Hogg has nothing to disclose. Dr. Malatt has nothing to disclose. Dr. Tan has received personal compensation in the range of $5,000-$9,999 for serving on a Speakers Bureau for Allergan. Dr. Artal has received personal compensation in the range of $5,000-$9,999 for serving on a Speakers Bureau for Jazz Pharmaceuticals. Dr. Artal has received personal compensation in the range of $10,000-$49,999 for serving as an Expert Witness for Private Parties. The institution of Dr. Artal has received research support from Jazz Pharma. The institution of Dr. Artal has received research support from Axsome. The institution of Dr. Artal has received research support from Suven. Dr. Shehata has received personal compensation in the range of $500-$4,999 for serving as a Consultant for Abbott. Brian Renner has nothing to disclose. The institution of Dr. Sati has received research support from National Multiple Sclerosis Society. The institution of Dr. Sati has received research support from National Institutes of Health. Dr. Sati has received publishing royalties from a publication relating to health care.

국제투자중재절차에서 반대청구에 관한 연구

Purpose: This study analyzes counterclaims arising in the course of international arbitration proceedings, especially investor-state arbitration.&#x0D; Research design, data, and methodology: This paper mainly relies on arbitration awards based on investment treaties to reveal how counterclaims have been dealt with in the investment arbitration context.&#x0D; Results: Although counterclaims are well known in international arbitral proceedings, they raise special issues when it comes to investment arbitration, especially when they are based on treaties that recognize only rights, and not obligations, of private parties.&#x0D; Conclusions: A counterclaim may be a way of rebalancing investment law by allowing states to file claims against investors. However, certain conditions that must be fulfilled are not easily combined with the special features of investment arbitration. Future investment treaties should provide explicit provisions for the obligations of investors based on which contracting states may bring counterclaims. This could be a way of addressing the drawbacks that have been recently formulated against investment arbitration.

Environmental Communication Policy and Religious Spirituality in Handling Waste Problems in Bintan Regency Riau Islands

The research discusses the policy of the Regional Government of Bintan Regency in tackling the waste problem through an environmental communication approach and ecology religious spirituality. This research is a case study type and the data is obtained from the observation process and literature study related to the research theme. The results of the study concluded that the environmental communication approach by the Regional Government of Bintan Regency to deal with waste problems must be implemented as soon as possible by involving all components of policy makers, the community, and foreign and domestic private parties. Then, a new approach model is needed in the form of an ecology-based religious spirituality movement to make people aware that religious values also contain teachings about the virtues of protecting the surrounding environment. Religious leaders in collaboration with the local government have more responsibility to provide ecological spirituality content to the peoples&#x0D;

Local Community Adaptation to Flood Disaster In Soppeng District

Every year floods occur in Soppeng regency. The high rainfall and land conversion become the main cause of the flood. It affects the society both in their life and their welfare. The community has carried out various responses and adaptation strategies to deal with the risk of future floods. Thus, this study aims to determine the local adaptation strategy of the community in dealing with flood disasters in Soppeng Regency. The method in this study was carried out using in-depth interviews and observations in flooded areas. The community participation comes from socially inductive research that produces descriptive results. The result of this research shows that the lack of coordination between the community, government, and private parties (NGOs) leads to higher vulnerability. In addition, the adaptation model carried out by the community begins at the household level, especially the house-building model in the form of a stilt house. It consists of two parts namely, the lower and the upper. The lower part is usually used to deviate goods, agricultural materials, and vehicles, while the upper part is used as a place to rest and carry out daily routines such as cooking, chatting with neighbors, receiving guests, and so on. The act of adaptation in groups is by raising the position of the house to the second floor, building a small embankment, and moving household appliances to a higher place.

Motivation to Use Gamification Elements in E-Learning for Formal and Non-Formal Education

The implementation of gamification in e-learning is not new, both within the context of formal and informal. Formal education is a learning activity organized by both public and private parties that refers to the official education system of a country. Meanwhile, informal education is another learning activity that does not refer to the official education system of a country. Not only visually appealing, but gamification elements also have a certain motivation and emotional value for the user. This study seeks to compare the use of gamification elements and their motivation between formal and nonformal education. The method used was a Systematic Literature Review using the Kitchenham method. From the selected databases, 65 articles were obtained that had implemented gamification in e-learning. The gamification elements were grouped by motivation and emotion based on the Octalysis framework. The results showed that ownership and possession were the most prominent motivations for implementing gamification.

The Doctor Knows Best?: Reconsidering the Role of Expert Discretion in the False Claims Act

In 2021, the Supreme Court denied certiorari in Care Alternatives v. United States, leaving open a circuit split regarding the intersection of expert testimony and the falsity element of the False Claims Act. This uncertainty could lead to significant civil liability not only for Medicare/Medicaid service providers, but also for any private parties that receive money from the federal government. This Note outlines three potential solutions that can resolve this circuit split to balance between the interests of the federal government in countering fraud from the contracting process, and the interests of private sector firms in facilitating ease of doing business with the public sector.

Investigating The Jurisprudential Aspects Of ADR

A formal set of guidelines for human conduct is known as the law. Law can be used to govern society. The law has two parts: a descriptive aspect and a philosophical aspect. The philosophical side of the law is covered in jurisprudence. The practise of law is prevalent everywhere. All societies share some commonalities in their jurisprudence, Law (as an institution) is one of several social and political institutions created for conflict settlement. Private parties started looking for novel techniques to speed up the resolution of cases. ADR serves as an alternative to traditional court procedures for resolving disputes. There are two methods for resolving disputes. They are An alternative dispute resolution process and The conventional approach of litigation. Justice has been prioritized by many thinkers, including Plato, above all other moral principles. Overall, justice is a moral principle, but it can take many different forms. Examples include 1. Substantive Justice, 2. Formal Justice, and 3. Legal Justice. The Indian justice system is in a sad state despite being one of the oldest in the world. Indian courts are overburdened with protracted unresolved cases. ADR has developed to strengthen the sense of justice in society because these things are unachievable without it. The aforementioned school of thought has some drawbacks. The main one is that it defines law as a command, regardless of other social structures or institutions. One manifestation of society that was created to address social demands is the law and institutions relating to alternative dispute settlement processes. Artificial intelligence is progressing at an incredibly fast rate. The social, economic, cultural, and political spheres of existence will drastically shift as a result of these advancements. AI systems are starting to appear in ADR processes. Such systems have both advantages and problems. The law ought to be written to take future demands into account.

Evidence on optimal risk allocation models for Indonesian geothermal projects under PPP contracts

This study explores risk allocation in Indonesia's public-private partnerships for geothermal energy development. Such activity involves significant upfront investment, but no definitive and transparent risk-sharing mechanisms that suitably incentivise the private sector have emerged in the literature. In the study, we develop an evidence-based framework founded on principal-agency theorising that suggests an optimal allocation of risk between the public and private parties in these arrangements. A Delphi survey is employed to identify the views of a group of experts, with the evidence pointing to a clear pattern in identifying high-risk factors and optimal risk-sharing arrangements. Suggested risk-bearing levels for the Indonesian government range between 100% (for legal and regulatory exposures) to 0% in an operational and maintenance risk context. Risks relating to resource and exploration, finance and credit, as well as field development and construction issues, are viewed as being optimally shared between the parties, with the expert panel suggesting that the public sector should retain more exposure where high criticality risk factors exist. The proposed risk allocations reflect both evidenced outcomes and prior contention regarding the risks around geothermal investments and thereby provide the potential for developing meaningful schematics that enable Indonesia to exploit the resources concerned more fully.

Disruptive technologies and the rule of law

Disruptive technologies are expanding and information flow increasing. Due to the new technologies, we are facing unavoidable new challenges and ongoing changes. However, the law as the meta-technology crucial for the fourth revolution still thrives on an algorithmic and data-driven world. The law adjusts itself to the new realities, framing the ought to be’s of society, being reshaped by progressive developments. As such a mirror held up against life, it now reflects an interconnected, cosmopolitan, and global world. As a result, following the wishes and needs of markets and societies per si, corporations, private parties, universities, and even governments and natural persons are in a constant process of global legal rules creation. A process similar to the Lex mercatoria, able to effectively frame the fast-paced advances, as an autopoietic legal process - now driven by nontraditional players. A variety of technologies and processes are getting incorporated into the law - such as dispute resolution over algorithms, simplified international contracts, social “quasi-legal” sanctions widely spread by social media, protection of intellectual property, through and especially by the use of machine learning, AI and autonomous technologies - growing in importance and being materialized in previously inconceivable ways. Binding and self-enforceable, the reshaped rule of law follows society's expectations, framing autonomous technologies and artificial intelligence, yet being framed by those, ensuring our rights globally, in an effective but innovative way.

An Empirical Study on Efficient Banking System and Services: Reality or Myth

In 1991-1992 Liberalisation has been initiated in Indian economy, and liberalization was incomplete without Globalization and Privatisation (LPG). All these initiatives have opened the doors for the private and foreign parties, who were interested in banking business. LPG has fastened the pace of growth in Indian economy, mobilizing the funds, immense infrastructure development, investment churning etc. From the customer perspective, services have been improved drastically, transaction time has been reduced, customers are empowered by technology driven banking. Earlier customers had to choose Public sector banks as an only option, to avail the banking services but after LPG there are many options to get banking services. Although private sector banks has given a intense competition to the PSU (Public sector units) banks but they joined the banking industry with a motive of profitability and wealth maximisation, a large number of complex products are introduced to meet the different requirements of the customer, but these products are not easily understood by the customers and leads to mis-selllling. In the name of the superior services, multiple and exorbitant charges are levied on the customers and erode the customer money. By arranging the modern looking facilities and maintaining physical appearance of the branch premises, higher Average balance is demanded from the customers. The services are based on the financial health of the customer. In this paper we briefly elaborate the post liberalization scenario and the bank practices with the provisions of the Customer service code 2018 (CSC, 2018) (Issued by Reserve Bank of India to take care of the customer interest by monitoring the customer services practices in banks). In this research we found that banks are lacking in providing services as per the commitments made by CSC and certain issues are raised by the customers regarding insufficiency in the services. Methodology- Structured questionnaire has been used to collect the data from private sector and public sector bank customers. So that, a representative data can be collected to draw the conclusions. Findings- In this research we found that banks are lacking in providing services as per the commitments made by CSC and certain issues are raised by the customers regarding insufficiency in the services. Practical Implication- This study provides an in-depth analysis of consumer’s problem and the level of unawareness among the customers about their rights. Hence, the apex banking authorities should take relevant steps to spread the awareness among the customer and take corrective actions, so that banking activities can be done as per the norms of customer service code. Originality- This research work is totally new in this field, researcher is able to collect only couple of studies in this field, rest are the literature is similar but not in the same field. It will add to the existing literature for further research. Keywords: Profit Motive, customer service code, Bank Practice, Customer Services

Blind Spot: Trade and Competition Law—the Space Between the Silos

AbstractTrade law and competition law have grown up in their separate silos. This means that restraints by the states and restraints by private parties are treated in separate boxes, and with few exceptions, they have been treated so through the years. Yet, some of the worst restraints that do some of the greatest damage are best characterized by the synergy between the two. These trade-and-competition, or hybrid public/private, restraints fall under the radar screen, and defendants in litigation play one set of laws off against the other, hiding behind limits and immunities. This is the Blind Spot of the Article’s title – the space between the silos. This Article unearths the Blind Spot, gives examples of what we know and what we need to know, and proposes a methodology to illuminate and eliminate the Blind Spot.

Identification of Critical Success and Risk Factors for Public–Private Partnership Highway Projects

A recent growing delivery method used in highway projects is public–private partnerships (PPPs). PPPs are when public agencies collaborate with private parties for private financing at risk or operating services, which makes PPPs significantly different from other delivery methods used by public agencies—for example, design-bid-build, construction management at risk, and design-build. Despite the efforts of previous studies, questions remain unanswered: What are the contributing critical success factors that fit PPP highway projects? What are the risk factors that play key roles in PPP highway projects? This study aimed to address these questions through a Delphi study approach with the help of experienced professionals at state departments of transportation. Participants participated in interviews in the first round and completed a survey questionnaire in the second round of a Delphi study. After achieving an acceptable level of consensus from the first round of responses, the study identified and ranked the top critical success and risk factors for PPP highway projects. The study found that the top three critical success factors were (1) proper risk assessment and allocation to private parties; (2) realistic assessment of project estimates, risks, and revenues; and (3) avoidance of ambiguous language in contracts. In addition, the top risk factors identified were (1) revenue stream projections; (2) construction risks; and (3) design risks. The primary contribution of this research to the body of knowledge is to draw the attention of professionals in both industry and academia to the PPP highway industry, critical factors for PPP success and risks, and the successful completion of future PPP projects.

The protection of the EU financial interests between administrative and criminal tools: OLAF and EPPO

The article argues that both administrative and criminal tools are necessary for the protection of EU financial interests and that the mechanisms of cooperation between OLAF and the EPPO are suitable to foster a functioning collaboration. However, criticisms still emerge, both on the functioning of OLAF, and as regards operational activities of the EPPO and its cooperation with national prosecutors. Guarantees for private parties involved in administrative and criminal investigations cannot be ignored, and several shortcomings in the system of judicial protection need to be addressed. Effectiveness of the system and protection of guarantees should not be considered separate, especially in the context of the challenges that Next Generation EU (NGEU) raises for the protection of EU financial interests. Guarantees such as legal certainty and independence of the judiciary, are basic tenets of the rule of law, which, as set out in the Conditionality Regulation and further clarified by the ECJ, is in itself a condition for effectively protecting EU financial interests. European Anti-Fraud Office, OLAF, European Public Prosecutor Office, EPPO, protection of EU financial interests, institutional cooperation, EU criminal law, legal certainty, judicial protection

New World of Gain: Europeans, Guaraní, and the Global Origins of Modern Economy

New World of Gain: Europeans, Guaraní, and the Global Origins of Modern Economy

Urban platform approach in Covid-19 pandemic management (case of Semarang and Yogyakarta, Indonesia)

The world population is experiencing urban life disruption since early 2020 due to the Covid-19 pandemic. In Indonesia, Semarang and Yogyakarta both are the capital cities of respective provinces, undergone the peak of pandemic twice. The first peak occurred between January and February 2021, and the second peak occurred in July 2021. The pandemic that occurred in those two cities altered the dynamics of urban social, political, and cultural dynamics. This paper attempted to discover the phenomenon of urban management in Semarang and Yogyakarta in dealing with the Covid-19 pandemic. In this study, statistical description was used by comparing indicators and investigating their relationship using urban platform approach. The study found four major variables in Semarang and Yogyakarta: the quality of the environment; collaboration and coordination among government, society, and private parties; the presence of infrastructure to deal with Covid-19; and pandemic handling in planning and implementation.