Framework For Resolution Research Articles

ONLINE DISPUTE RESOLUTION IN UKRAINE: EXPECTATIONS AND REALITY

Background: As digital interactions and transactions grow, people are more inclined to participate if they feel secure and assured of fair procedures. However, online dispute resolution is still rarely used in Ukraine due to a lack of regulations. This research article provides a legal analysis of online dispute resolution (ODR) in Ukraine, concentrating on defining the ODR landscape, as well as on considering its potential in e-commerce and traditional court proceedings. Besides, the article presents a vision and proposals for the future adoption of European laws in Ukraine while discussing the current challenges in the online justice system that hinder its successful implementation. As a result, the article emphasises the need for an adequate legal instrument to regulate ODR in Ukraine, particularly in the context of e-commerce. It highlights the importance of implementing EU legislation, developing ODR platforms and ADR institutions, and ensuring their decisions are binding. It also addresses the challenges related to remote hearings in the judiciary during different circumstances and suggests adopting cloud-based case management to improve efficiency and reduce the risk of document destruction. Methods: The research methodology for this study on online dispute resolution in Ukraine included a comprehensive literature review, a comparative analysis of ODR systems in European countries, and a systems analysis to forecast the future trajectory of ODR in Ukraine. This approach aimed to assess the current state of ODR in Ukraine, identify areas for improvement, and explore potential achievements and challenges in its implementation. Results and conclusions: The article concludes that Ukraine is in the process of establishing a legal framework for online dispute resolution, which is expected to progress further after the war. The implementation of EU legislation and the development of ODR platforms and ADR institutions are crucial, along with ensuring accessibility for all, including vulnerable groups without internet access. Related to online courts, it is necessary to address challenges such as judges' absence during remote hearings. It is also recommended that the process be expedited and the risk of document loss internally in the case management system minimised.

T-KAER: Transparency-enhanced Knowledge-Augmented Entity Resolution Framework

Entity resolution (ER) is the process of determining whether two representations refer to the same real-world entity and plays a crucial role in data curation and data cleaning. Recent studies have introduced the KAER framework, aiming to improve pre-trained language models by augmenting external knowledge. However, identifying and documenting the external knowledge that is being augmented and understanding its contribution to the model's predictions have received little to no attention in the research community. This paper addresses this gap by introducing T-KAER, the Transparency-enhanced Knowledge-Augmented Entity Resolution framework. To enhance transparency, three Transparency-related Questions (T-Qs) have been proposed: T-Q(1): What is the experimental process for matching results based on data inputs? T-Q(2): Which semantic information does KAER augment in the raw data inputs? T-Q(3): Which semantic information of the augmented data inputs influences the predictions? To address the T-Qs, T-KAER is designed to improve transparency by documenting the entity resolution processes in log files. In experiments, a citation dataset is used to demonstrate the transparency components of T-KAER. This demonstration showcases how T-KAER facilitates error analysis from both quantitative and qualitative perspectives, providing evidence on `"what" semantic information is augmented and ``"why" the augmented knowledge influences predictions differently.

Angstrom-Level Tuning in Confined Space of Metal-Organic Framework for Ultra-High Resolution in Gas Chromatographic Separation.

Optimizing the balance between thermodynamic interaction and kinetic diffusion is pivotal to obtaining high-performance gas chromatographic stationary phases. Here, three aluminum-based metal-organic frameworks featuring fym topology were chosen to achieve such balance by refined controlling the thermodynamic interactions toward analytes at angstrom level in a confined space. The CAU-10-H with the middle-sized channels (5.4 Å) provided weak interactions with xylenes because of the benzene ring around the channel, leading to the fastest diffusion. While the MIL-160 provided stronger interactions toward the analytes due to the abundance of O-heterocyclic sites of 2,5-furandicarboxylic acid ligands, resulting in slightly higher diffusion barriers. Thereby, although MIL-160 had a larger channel (5.9 Å) than CAU-10-H, the xylenes still diffused more slowly in MIL-160 than in CAU-10-H. The CAU-10-NH2 with the channel of 4.7 Å provided overstrong thermodynamic interactions and significant stereospecific blockade to the analytes because of the NH2 sites in the confined channels. These factors collectively contributed to achieving the lowest diffusion kinetics. The confined interactions were also proved by molecular dynamics simulation. Furthermore, the application indicated that MIL-160 exhibited the highest separation ability as a GC stationary phase among all reported materials. This strategy offers an approach for developing high-performance MOF stationary phases.

Transplanting Absolute Priority in Indian Bankruptcy Law: Part I

In 2016, India revamped its bankruptcy legislation and introduced a new framework for resolution of financially distressed businesses. The Insolvency and Bankruptcy Code (IBC) was intended to usher in a new era of efficiency and galvanize India’s ailing bankruptcy regime. The results thus far have been mixed. One of the issues that has frequently arisen under the new regime is how to distribute the resolution proceeds amongst different classes of creditors. The doctrine evolved by courts and tribunals has been to leave any question on distribution to the discretion of the Committee of Creditors – an approach developed to insulate bankruptcy proceedings from excessive judicial interference. In this paper, which will be published across two volumes, I endeavour to show that this approach is flawed and contributes to the systemic problems afflicting the Indian bankruptcy regime. Drawing on doctrine developed in transnational bankruptcy law, I argue in favour of adopting the absolute priority rule as a fixed rule for distribution of resolution proceeds in India, which can augment value maximization and enable efficient resolution of distressed debt. Part I of this paper will trace the origins, evolution and migration of the absolute priority rule in transnational bankruptcy law. Part II, which will be published in the following volume, will make the case for transplanting absolute priority in Indian bankruptcy law.

EFFECTIVENESS OF BUSINESS DISPUTE RESOLUTION THROUGH MEDIATION IN INDONESIA

This study investigates the effectiveness of mediation as a mechanism for resolving business disputes in Indonesia, focusing on its procedural efficiency and impact on the relationships between disputing parties. Employing a qualitative research approach with descriptive normative analysis, the research highlights the legal foundations of mediation established by laws such as Law No. 30 of 1999 and Supreme Court Regulation No. 1 of 2016, which mandate mediation prior to litigation. The findings reveal that while mediation presents significant benefits, including faster resolution times and cost savings, its effectiveness is contingent on several factors: public awareness, the quality of mediators, and the parties' willingness to engage collaboratively. The study emphasizes the importance of confidentiality, neutrality, and mutual interest as key principles in ensuring a fair mediation process. Despite the challenges faced, such as a preference for litigation and uncertainties regarding the enforcement of mediated agreements, the research indicates that mediation has the potential to enhance business relationships and streamline dispute resolution processes. The insights gleaned from this study not only contribute to the understanding of mediation within the Indonesian legal context but also offer valuable lessons for other jurisdictions aiming to develop their alternative dispute resolution frameworks.

BUILDING TRUST THROUGH CONTRACT: A LEGAL PROTECTION EFFORT FOR SERVICE PROVIDERS AND USERS IN THE DIGITAL ERA

This study investigates the effectiveness of mediation as a mechanism for resolving business disputes in Indonesia, focusing on its procedural efficiency and impact on the relationships between disputing parties. Employing a qualitative research approach with descriptive normative analysis, the research highlights the legal foundations of mediation established by laws such as Law No. 30 of 1999 and Supreme Court Regulation No. 1 of 2016, which mandate mediation prior to litigation. The findings reveal that while mediation presents significant benefits, including faster resolution times and cost savings, its effectiveness is contingent on several factors: public awareness, the quality of mediators, and the parties' willingness to engage collaboratively. The study emphasizes the importance of confidentiality, neutrality, and mutual interest as key principles in ensuring a fair mediation process. Despite the challenges faced, such as a preference for litigation and uncertainties regarding the enforcement of mediated agreements, the research indicates that mediation has the potential to enhance business relationships and streamline dispute resolution processes. The insights gleaned from this study not only contribute to the understanding of mediation within the Indonesian legal context but also offer valuable lessons for other jurisdictions aiming to develop their alternative dispute resolution frameworks.

Towards a high resolution simulation framework for building integrated photovoltaics under partial shading in urban environments

This paper presents a framework for modeling the performance of photovoltaic (PV) systems, which is intended to be used in the design, optimization, and deployment of PV systems in urban environments. Urban PV and building integrated PVs (BIPV) are a crucial component of the transition to a low-carbon society. However, existing frameworks for simulating PV systems accurately characterize PV under partial shading, leading to performance gaps with systems deployed in environments such as cities where shading is more common than in large open fields. In this paper, we extend a framework from literature for modeling parametric BIPV arrays using a power model that characterizes IV-curves at the PV cell. We describe the framework and perform a validation against a measured rooftop PV array dataset. We then evaluate the extended framework to other PV modeling and simulation frameworks found in the literature through the simulation of a simplified facade under various levels of shading. Results show that the extended framework is necessary to account for partial shading, but there may be use cases when lower resolution frameworks may be just as accurate. Amongst the frameworks a range of predicted power outputs under the shading conditions was observed; from 6% to 846% with a mean of 162% from the other frameworks relative to the proposed framework. The range is due to the extensive set of conditions tested, where it was observed that in conditions where shading is present but sparse, there is a larger range of predicted output from the various frameworks. Whereas in conditions where shading coverage is high this range is lower. Lastly, we demonstrate the use of the framework on three arrays. Again it was observed that homogeneous shading conditions may not require the level of resolution provided by the proposed framework, while heterogeneous could benefit the most from the approach. This indicates, and is discussed in the paper, that modelers should consider the shading conditions present when deciding on which framework to apply.

A Comparative Analysis of Conciliation versus Litigation: Pros and Cons from Indian and Global Perspectives

This comparative analysis will examine Conciliation and Litigation as two distinct yet interrelated mechanisms for resolving disputes, highlighting their respective advantages and disadvantages within both Indian and global contexts. Conciliation, on one side, offers flexibility and cost-effectiveness, fostering opportunities for “cooperation” and aiding in the maintenance of a “working relationship,” thereby preserving any undamaged aspects of the relationship despite the dispute at hand. Conversely, it lacks binding authority and can be susceptible to exploitation due to existing power imbalances. In contrast, Litigation offers legal certainty, enforceability, and public accountability but is often lengthy, expensive, and inherently adversarial. This paper will explore the increasing significance of conciliation in the overwhelmed judiciary of India as well as on an international scale. Additionally, it is essential to evaluate the adaptability of conciliation in relation to the formal authority of litigation within an effective dispute resolution framework, ensuring that access to justice remains equitable and efficient across various legal systems.

The Contestation of Legal Foundations in the Resolution of Islamic Economic Disputes in Religious Courts

Prior to the issuance of Supreme Court Regulation No. 2 of 2008, judges in Sharia economic dispute cases primarily relied on legal sources from kutub al-turāṡ (classical fiqh texts), including those pertaining to fiqh al-qadā’ (jurisprudence on adjudication). However, following the implementation of this regulation, some judges have continued to incorporate the Civil Code in their legal reasoning. This article seeks to examine the legal framework for resolving Sharia economic disputes in Indonesia. The theoretical foundation applied by the author is Lawrence Meir Friedman’s legal system theory. This study employs a normative legal approach to explore the legal system governing Sharia economic justice in Indonesia’s Religious Courts. It examines decisions from the Religious Courts in Purbalingga, Banyumas, and Purwokerto, focusing on rulings made both before and after the issuance of the Supreme Court Regulation on the Compilation of Sharia Economic Law (KHES), as well as five decisions from 2018-2019. The study’s findings reveal that the legal framework for Sharia economic dispute resolution in Indonesia has adequately addressed community needs, with the Religious Courts holding exclusive jurisdiction over these matters. However, there is an ongoing contestation between Islamic legal sources and civil law, which is rooted in Dutch law, in the decisions analyzed. Moreover, the absence of a Compilation of Islamic Economic Procedure Law based on Islamic Law has contributed to the suboptimal implementation of legal substance and culture. As a result, according to Friedman’s legal system theory, the legal framework for resolving Islamic economic disputes has not yet functioned effectively from the perspective of Islamic law.

Enhancing air traffic control: A transparent deep reinforcement learning framework for autonomous conflict resolution

Rising traffic demands, advancements in automation, and communication breakthroughs are opening new design frontiers for future air traffic controllers (ATCs). This article introduces a deep reinforcement learning (DRL) controller to support conflict resolution in autonomous free flight. While DRL has made significant strides in this domain, there is scant focus in existing research on the explainability and safety of DRL controllers, especially their robustness against adversarial attacks. To tackle these concerns, we have engineered a fully transparent DRL framework that: (i) separates the intertwined Q-value learning model into distinct modules for safety-awareness and efficiency (target attainment); and (ii) incorporates data from nearby intruders directly, thereby obviating the need for central control. Our simulated experiments demonstrate that this bifurcation of safety-awareness and efficiency not only enhances performance in free flight control tasks but also substantially boosts practical explainability. Moreover, the safety-oriented Q-learning component offers detailed insights into environmental risk factors. To assess resilience against adversarial attacks, we present a novel attack strategy that induces both safety-centric and efficiency-centric disruptions. This adversary aims to degrade safety/efficiency by targeting the agent at select time intervals. Our experimental results reveal that this targeted approach can provoke as many collisions as a uniform attack strategy — that is, attacking at every opportunity — while engaging the agent four times less frequently, shedding light on the potential and limitations of DRL in future ATC system designs. The source code is available to the public at https://github.com/WLeiiiii/Gym-ATC-Attack-Project.

Balancing Development and Community Rights: Legal and Policy Frameworks for Land Conflict Resolution in Batam, Indonesia

The rapid development of Batam, Indonesia, as a Special Economic Zone (SEZ) has led to significant land conflicts between the state, developers, and local communities. The existing legal and policy frameworks have been criticized for prioritizing economic growth over community rights, leading to forced evictions, inadequate compensation, and social unrest. This study aims to analyze the legal and policy frameworks governing land conflict resolution in Batam and propose recommendations for balancing development and community rights. The research employs a qualitative approach, combining legal and policy analysis with empirical data collected through interviews with key stakeholders, including government officials, community leaders, and legal experts. The study examines relevant laws, regulations, and policies related to land acquisition, compensation, and dispute resolution in Batam. The findings reveal several shortcomings in the current legal and policy frameworks, including a lack of transparency and participation in decision-making processes, inadequate compensation mechanisms, and limited access to justice for affected communities. The study also highlights the power imbalance between the state, developers, and communities, which often leads to the marginalization of community rights. The study concludes that balancing development and community rights in Batam requires a comprehensive reform of the legal and policy frameworks. The recommendations include strengthening community participation in decision-making processes, ensuring fair and adequate compensation, and improving access to justice for affected communities. The study also emphasizes the need for greater transparency and accountability in land acquisition and development processes.

A Shared-Road-Rights Driving Strategy Based on Resolution Guidance for Right-of-Way Conflicts

In addressing the critical issue of right-of-way conflicts in mixed-traffic environments, this paper introduces a novel shared right-of-way driving strategy that encompasses two guiding frameworks for resolution. The first framework applies to active lane changing. Before lane changing occurs, this framework allocates the right of way for autonomous vehicles (AVs). Based on the allocated right of way, the AVs decide whether to send a request for a shared right of way to relevant vehicles. To enhance lane-changing comfort, the vehicle assesses whether the variance of roll and lateral acceleration exceeds a preset threshold, ultimately deciding whether to proceed with the lane change. The second framework pertains to passive lane changing. After detecting an obstacle, this framework allocates the right of way. The AVs calculate acceleration based on their speed and distance from the obstacle, using this information to determine whether to change lanes or decelerate in order to avoid the obstacle. If lane changing is chosen, further evaluation is necessary. Based on the allocated right of way, the AVs decide whether to request a shared right of way from relevant vehicles. To improve lane-changing comfort, the AVs compare the variance of roll and lateral acceleration with that of pitch and longitudinal acceleration, and then they decide whether to proceed with the lane change. The proposed strategy has been validated in various scenarios, including high-speed (105 km/h), low speed (13 km/h), and general scenarios with AVs and obstacles at a distance of 125 m. The results show that the strategy effectively functions in both high-speed and low-speed scenarios.

The US-China BIT: Enhancing Dispute Settlement Mechanism

This article critically examines the inadequacies of the International Centre for Settlement of Investment Disputes (ICSID) and the intricacies surrounding the divergent strategies employed by the United States and China in managing investor-state disputes. Given the lack of an explicit dispute resolution mechanism in the envisioned US-China Bilateral Investment Treaty (BIT), the paper advocates for a comprehensive strategy for shaping future agreements. It proposes integrating UNCITRAL Arbitration Rules as an alternative to ICSID; the inclusion of ad hoc Arbitration Panels is recommended for tailored resolutions; and the incorporation of alternative dispute resolution (ADR) mechanisms as pre-arbitration procedures is emphasized. This multifaceted strategy aims to address the deficiencies of a singular arbitration mechanism and foster a more adaptable and effective dispute resolution framework tailored to the specific needs of China and the United States, providing a balanced means of addressing the complexities inherent in investor-state disputes.

Low-resource entity resolution with domain generalization and active learning

Entity Resolution (ER), a fundamental task in data cleaning and integration, is critical in various fields such as healthcare, e-commerce, and social networks. Traditional ER methods are constrained by the need for substantial labeled samples and the challenge of generalization to unseen domains. To address the low-resource challenge in ER, a novel two-phase framework is proposed. Initially, we introduce the Domain Generalization Entity Resolution (DGER) framework, combining domain adversarial learning and simulated target learning to improve the generalization performance on unseen target domains. Subsequently, to further adapt to the target dataset, we present a novel active learning approach called Domain-Aware Uncertainty Active Learning (DUAL), for fine-tuning the DGER model with minimal annotation cost. DUAL manually annotates target domain samples that are highly uncertain and exhibit high divergence from the source, while assigning pseudo-labels to high-confidence samples. Experimental results on multiple real-world datasets demonstrate that our framework outperforms traditional ER methods in generalizing to unseen domains. Specifically, our DGER method outperforms the best-performing ER baseline in each task, achieving an average F1 score improvement of 9.02% across eight different test tasks. Moreover, within a limited annotation budget during the active learning phase, our DUAL fine-tuning strategy for the ER model outperforms uncertainty-based active learning techniques.

COMPARISON OF COMMERCIAL DISPUTE RESOLUTION MECHANISMS IN JORDAN AND THE MIDDLE EAST

This article provides a comprehensive comparison of commercial dispute resolution mechanisms across Jordan, Saudi Arabia, the United Arab Emirates (UAE), and Egypt. With the increasing globalization of business and the growth of foreign investments in the Middle East, an effective and efficient legal framework for dispute resolution is critical. The primary goal of this study is to provide a comprehensive comparative analysis of commercial dispute resolution mechanisms in Jordan and key Middle Eastern countries, with the aim of understanding their impact on the business climate and investor confidence in the region. The research employs a comparative analysis approach, drawing on a variety of sources including legal texts, case studies, and interviews with legal experts and business professionals from Jordan, Saudi Arabia, UAE, and Egypt. This comparative analysis examines the similarities and differences in the dispute resolution frameworks of these four countries, focusing on judicial processes, arbitration practices, and the adoption of alternative dispute resolution (ADR) methods. All four nations share a common legal heritage influenced by Islamic Sharia law and have adopted international standards such as the UNCITRAL Model Law to modernize their arbitration systems. Each country has established specialized commercial courts to expedite the resolution of business disputes and is a signatory to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, facilitating cross-border enforcement of decisions. However, there are distinct differences shaped by local legal and economic policies. For instance, the UAE features a dual judicial system that includes Sharia-influenced local courts and common law-based courts in its free zones, which are absent in the other three countries. The study highlights the strengths and weaknesses of each jurisdiction's dispute resolution mechanism and discusses ongoing reforms aimed at enhancing the effectiveness and efficiency of legal processes. This analysis not only aids in understanding each country's approach to dispute resolution but also serves as a guide for international businesses and investors considering operations in these regions.

BUDDHISM AND NON-VIOLENCE: EXPLORING THE RELATIONSHIP BETWEEN BUDDHIST TEACHINGS AND CONFLICT RESOLUTION

This paper explores the profound dating between Buddhist teachings and struggle decision, inspecting how concepts of non-violence, compassion, and interconnectedness can be carried out to present day worldwide conflicts. Beginning with the historical context of Buddhism, it delves into the origins and spread of Buddhist ideals on non-violence, especially the lifestyles of Siddhartha Gautama and early Buddhist texts on Ahimsa. The center Buddhist teachings, which includes the Four Noble Truths, the Noble Eightfold Path, Karuna (compassion), and Metta (loving-kindness), are analyzed for their software in promoting non-violence. The paper also discusses the realistic applications of these teachings in current conflict resolution techniques, together with Mindfulness-Based Stress Reduction (MBSR) and mediation. Through case research of historical and present day examples, together with Ashoka’s transformation, the role of Buddhist clergymen in the Vietnam War, and the Dalai Lama’s approach to the Tibetan warfare, the paper illustrates the effectiveness of Buddhist tactics. It concludes with coverage guidelines for integrating Buddhist concepts into war resolution frameworks and a comparative evaluation with other non-violent philosophies, highlighting the customary relevance of Buddhist teachings in fostering peace and harmony.

Gender perspective in the making: The case of the Colombian peacebuilding process

AbstractThe peace negotiation process between the Colombian Government and the Revolutionary Armed Forces of Colombia (FARC‐EP) is considered one of the most comprehensive peace agreements and is internationally acclaimed for being the first in history to have a gender perspective as a guiding principle. However, several institutions mandated to monitor the gender perspective have identified signs of stagnation in this perspective. As the peace agreement enters the second half of its 15‐year implementation period, this article uses a conflict resolution framework to understand what might be preventing a successful and timely implementation of a gender perspective in Colombia. Findings emerging from recent research suggest that conceptual, technical, political, financial and security hurdles sustain a violent and discriminatory system for women, ultimately impacting the effectiveness of the peace agreement.

Hidrocarburos y cambio climático: análisis del enfoque propuesto por la Resolución 40066 de 2022

Introduction: This paper presents a legal analysis of Resolution 40066 of 2022 of the Ministry of Mines and Energy, since its implementation in Colombian regulations; the benefits and challenges for companies in the hydrocarbons sector; and its legal connection with hydrocarbon exploration and exploitation contracts. Objective: Study the legal framework, balances, challenges, and prospects of Resolution 40066 of 2022, as part of the global strategy to combat climate change in terms of control in the detection, repair of leaks, utilization, flaring, and venting of natural gas. Methodology: The methodology of the paper is the documentary analysis of national doctrine and current regulations. With these sources, the information collected in legal and specialized databases was classified and, as a result, the authors analyzed the Colombian constitutional, legislative, and regulatory context. Conclusions: The paper presents some considerations of the assembly process of the resolution with the hydrocarbon exploration and/or exploitation contracts.

Diversified Mechanisms of Dispute Resolution for China's Foreign-Related Intellectual Property Right

China's increased competition with industrialised countries in terms of technological innovation during its current development transition has led to an increased demand for its intellectual property resources. At the same time, globalisation has further highlighted the inevitability of China facing foreign-related intellectual property challenges, prompting a focus on resolving such disputes. However, managing intellectual property right litigation relating to other countries remains difficult due to the unique types of foreign-related intellectual property right cases and the intricacies of applying national laws. In order to improve China's intellectual property dispute resolution framework and make it more effective and fairer, this paper will propose the shortcomings of the current litigation procedures through the case analysis and data analysis, and confirm that the flexible and reasonable use of diversified dispute resolution mechanisms will help China better deal with foreign-related intellectual property issues. While advocating a diversified dispute resolution framework for China's foreign-related intellectual property rights, it also provides possible suggestions for its construction.

Examining Conflict Management Strategies Used in Tanzania’s Secondary Schools: A Case in Biharamulo District, Tanzania

The study delves into the pervasive issue of conflicts within secondary schools, emphasizing their inherent nature in human interactions. It emphasizes the vital role of effective conflict management in maintaining a conducive learning environment. The research objectives cover the identification of conflict root causes, assessment of implemented strategies, and their impacts, and provision of recommendations for improved conflict management approaches in schools. Employing qualitative methodology, the study utilizes in-depth interviews, group discussions, and document reviews to collect data. Findings reveal the persistence of conflicts, notably attributed to the lack of a universally accepted resolution framework. Ad hoc methods are employed, lacking consistency and alignment with specific conflict natures, resulting in profound consequences such as student dropout, prolonged conflicts, fear, resentment, and hindered academic progress. The study recommends government intervention in training teachers, rigorous evaluation of school administrators' qualifications, and improvements in teacher welfare coupled with strict punitive measures for teachers’ inappropriate behavior. It concludes by highlighting the ongoing nature of conflicts and the urgent need for a practical approach, urging schools to prioritize understanding conflict causes, implementing effective management actions, and prioritizing the well-being of both teachers and students.