Resolution Rules Research Articles

Origin of rules of law choice: the primitive era

The article explores the concept that the first relations falling under the subject of private international law originated in the primitive period. These relations include exogamy and incest taboos, the institution of hospitality and exchange agreements. Exogamy and incest taboos are fundamental relationships that emerged parallel to the development of society and law, forming he cornerstone of these constructs. These represent the earliest interactions involving “foreign persons” and are characterized by personal non-property character. Hospitality ties are linked to exogamy while exchange relationships follow subsequently. Intergroup agreements serve as primary mechanism for regulating these relations and lay the groundwork for the inception of the initial choice-of-law rules. The conflicts are not interstate but rather intergroup (intercommunal), similar to contemporary interpersonal or interlocal disputes. The author applies a number of methods such as comparative analysis, reconstruction, formal-logical, dialectical, natural science and historical analysis in this research. In conclusion, the author asserts that three key institutions emerged in the pre-state era, forming the foundation of modern PIL: exogamy (cross-border marrital and family relations), hospitality (foreigners’ law), and exchange (international contract law). During this period the first conflict resolution rules also emerged. The principle method for addressing conflict issues in primitive societies is the unified substantive approach through intergroup agreements. Additionally, archaic law incorporated conflicting principles like personal law and the law of the place where the action occurred. These conclusions are drawn through a reconstructive approach and are supported by archeology, genetics, anthropology, as well as domestic and foreign scholarly research on legal genesis.

Complete inference via knowledge Petri nets and resolution rules

A novel inference approach is presented based on knowledge Petri nets and resolution rules. First, a knowledge base is modeled as a knowledge Petri net, where logical clauses are represented by monitor places, called semantic places. Second, a resolution pair is defined to identify a pair of semantic places, which, corresponding to two clauses that can be resolved, can be used to generate a new place in the knowledge Petri net. Such a new place represents an unknown clause implied by the knowledge base. Third, a method is proposed to decide whether a resolution inference is redundant based on the resolution pair. The size of a knowledge Petri net can be reduced, and the inference computation is saved in this way. Fourth, an inference algorithm is proposed employing the resolution pair and knowledge Petri net, proven to be sound and complete. Its computational complexity is polynomial with respect to the number of logical variables and clauses. In addition, another inference algorithm is developed for a given complete knowledge base and a set of newfound clauses. The algorithm is proven to be sound and complete, which offers significantly reduced computational complexity and specifically is linear concerning the number of new clauses. Finally, the wumpus world problem is taken as an example to illustrate and verify the proposed inference algorithms.

Dampak Konflik Agraria Terhadap Kepercayaan Politik Petani Di Sumatera Utara

This paper aims to analyze the impact of agrarian conflicts on the political trust of peasants who are victims of agrarian conflict in North Sumatra. The study utilizes political trust theory and agrarian conflict as analytical tools with a qualitative approach. Political trust serves as the foundation of the relationship between society and the state, shaped by the government's performance in policy or conflict resolution, such as agrarian conflicts. Agrarian conflicts typically manifest through actions like land grabbing, the unilateral takeover of land by companies, the exploitation of natural resources for economic gain, leading to the displacement of traditional peasants, and violations of peasants' rights, such as criminalization or distancing peasants from agrarian sources. The research results indicate that agrarian conflicts have influenced the political trust of peasants due to the lack of clarity in enforcing agrarian conflict resolution rules, the unfair distribution of resources, and the unequal opportunity for peasants to access justice.

Alternative Dispute Resolution Rules in the Rural Land Laws of Ethiopia from Access to Justice and Women’s Land Rights’ Lens

Alternative Dispute Resolution Rules in the Rural Land Laws of Ethiopia from Access to Justice and Women’s Land Rights’ Lens

CONFLICT RESOLUTION STRATEGY BASED ON DEEP REINFORCEMENT LEARNING FOR AIR TRAFFIC MANAGEMENT

With the continuous increase in flight flows, the flight conflict risk in the airspace has increased. Aiming at the problem of conflict resolution in actual operation, this paper proposes a tactical conflict resolution strategy based on Deep Reinforcement Learning. The process of the controllers resolving conflicts is modelled as the Markov Decision Process. The Deep Q Network algorithm trains the agent and obtains the resolution strategy. The agent uses the command of altitude adjustment, speed adjustment, or heading adjustment to resolve a conflict, and the design of the reward function fully considers the air traffic control regulations. Finally, simulation experiments were performed to verify the feasibility of the strategy given by the conflict resolution model, and the experimental results were statistically analyzed. The results show that the conflict resolution strategy based on Deep Reinforcement Learning closely reflected actual operations regarding flight safety and conflict resolution rules.

Development of legislation on general administrative procedure in Ukraine

The article deals with determining the place of the Law of Ukraine «On Administrative Procedure» (LAP) in the system of Ukrainian legislation and its impact on the systematization of administrative procedure legislation in general. The author analyzes the general features of such a type and form of systematization as codification and compares it with the adoption of the LAP and its impact on current and future legislation. On the one hand, the author emphasizes such common features and positive impact of the LAP as improvement of the structure of legal acts, improvement of their logic and terminology. After all, the LAP introduces uniform principles of administrative procedure, general rules for consideration and resolution of cases based on applications of individuals and on the initiative of an administrative body, requirements for the execution of administrative acts, administrative appeal, enforcement of administrative acts, and early termination of administrative acts. On the other hand, the LAP mainly fills in the gaps using the best practices, doctrine and experience of countries of Western legal and political culture, especially Europe. In the short term, the LAP may not change the number of legislative acts, and is likely to have a rather limited impact on reducing the volume of procedural parts in special legislative acts. At the first stage, the amount of procedural regulation may even increase. This is due to the fact that in order to eliminate conflicts and gaps, it may be necessary to introduce additional «linking» provisions with the LAP, and sometimes even temporary duplicate provisions, etc. In the medium and long term, we can predict that the LAP will play the role of the main procedural regulator in public administration. The LAP should act as a general law for all sectors of public administration. And here, indeed, the LAP should serve as a measure for reviewing, streamlining and reducing special regulation. In the future, special legislative acts and other regulations will continue to be in effect, and, if necessary, preserve or establish specifics of regulation. However, it will be possible to reduce the scope of special procedural regulation more and more radically and systematically. The LAP will be especially valuable in the future, as special legislation will have less and less need to regulate the procedure. In this case, the regulatory value of the LAP itself will be maximized, as it will be easier for both public administration and private individuals to interact on the basis of common principles and rules. The LAP is extremely valuable for its principles, which are not only the basis for this law, but also a measure for resolving conflicts and filling gaps in all administrative procedure legislation. Particularly important are such principles as guaranteeing the right of a person to participate in administrative proceedings, formality, and reasonableness. Key words: general administrative procedure, systematization, codification, principles of administrative procedure.

International Law: Existence in International Dispute Settlement Efforts as a Symbol of Peace in the International Community

The settlement of disputes has been a significant concern in the international community since the 20th century. In its early development, dispute resolution could be achieved either peacefully or through the use of force. However, with the growing awareness of the dangers of war and the advancement of weapon technology, the international community has increasingly recognized the importance of peaceful dispute resolution. In the dynamics of its development, international dispute resolution can be distinguished between legal and political disputes. The opinions of international law experts regarding this distinction vary. There is also a middle ground view that states every dispute has its own political and legal aspects. The development of peaceful dispute resolution has been taking place since the Hague Peace Conferences of 1899 and 1907. During these conferences, rules for peaceful dispute resolution between nations were established. International law also regulates the obligations of states to settle disputes peacefully, as stated in the UN Charter. Technological advancements and the existence of official rules from the UN have strengthened the presence of international law in maintaining international peace and security. The obligation of states to settle disputes peacefully and refrain from the use of force is a recognized principle in international law.

International Law: Existence in International Dispute Settlement Efforts as a Symbol of Peace in the International Community

The settlement of disputes has been a significant concern in the international community since the 20th century. In its early development, dispute resolution could be achieved either peacefully or through the use of force. However, with the growing awareness of the dangers of war and the advancement of weapon technology, the international community has increasingly recognized the importance of peaceful dispute resolution. In the dynamics of its development, international dispute resolution can be distinguished between legal and political disputes. The opinions of international law experts regarding this distinction vary. There is also a middle ground view that states every dispute has its own political and legal aspects. The development of peaceful dispute resolution has been taking place since the Hague Peace Conferences of 1899 and 1907. During these conferences, rules for peaceful dispute resolution between nations were established. International law also regulates the obligations of states to settle disputes peacefully, as stated in the UN Charter. Technological advancements and the existence of official rules from the UN have strengthened the presence of international law in maintaining international peace and security. The obligation of states to settle disputes peacefully and refrain from the use of force is a recognized principle in international law.

Decentralized UAV Swarm Scheduling with Constrained Task Exploration Balance

Scheduling is one of the key technologies used in unmanned aerial vehicle (UAV) swarms. Scheduling determines whether a task can be completed and when the task is complete. The distributed method is a fast way to realize swarm scheduling. It has no central node and UAVs can freely join or leave it, thus making it more robust and flexible. However, the two most representative methods, the Consensus-Based Bundle Algorithm (CBBA) and the Performance Impact (PI) algorithm, pursue the minimum cost impact of tasks, which have optimization limitations and are easily cause task conflicts. In this paper, a new concept called “task consideration” is proposed to quantify the impact of tasks on scheduling and the regression of the task itself, balancing the exploration of the UAV for the minimum-impact task and the regression of neighboring tasks to improve the optimization and convergence of scheduling. In addition, the conflict resolution rules are modified to fit the proposed method, and the exploration of tasks is increased by a new removal method to further improve the optimization. Finally, through extensive Monte Carlo experiments, compared with CBBA and PI, the proposed method is shown to perform better in terms of task allocation and total travel time, and with the increase in the number of average UAV tasks, the number of iterations is less and the convergence is faster.

Almost Rerere: Learning to Resolve Conflicts in Distributed Projects

The concurrent development of applications requires reconciling conflicting code updates by different developers. Recent research on the nature of merge conflicts in open source projects shows that a significant fraction of merge conflicts have limited size (one or two lines of code) and are resolved with simple strategies that use code present in the merged versions. Thus the opportunity arises of supporting the resolution of merge conflicts automatically by learning the way in which developers fix them. In this paper we propose a framework for automating the resolution of merge conflicts which learns from the resolutions made by developers and encodes such knowledge into conflict resolution rules applicable to conflicts not seen before. The proposed approach is text-based, does not depend on the programming languages of the merged files and exploits a well-known and general language (search and replacement regular expressions) to encode the conflict resolution rules. Evaluation results on 14,872 conflicts from 25 projects show that the system can synthesize a resolution for <inline-formula xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink"><tex-math notation="LaTeX">$\approx$</tex-math></inline-formula> 49% of the conflicts occurred during the merge process ( <inline-formula xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink"><tex-math notation="LaTeX">$\approx$</tex-math></inline-formula> 89% if one considers conflicts that have at least one similar conflict in the data set) and can reproduce exactly the same solution that human developers have applied in <inline-formula xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink"><tex-math notation="LaTeX">$\approx$</tex-math></inline-formula> 55% of the cases ( <inline-formula xmlns:mml="http://www.w3.org/1998/Math/MathML" xmlns:xlink="http://www.w3.org/1999/xlink"><tex-math notation="LaTeX">$\approx$</tex-math></inline-formula> 62% for single line conflicts).

On the resolution of cross-liabilities

In a variety of systems, in particular in a financial system, entities hold liabilities on each other. The reimbursement abilities are intertwined, thereby potentially generating coordination failures and cascades of defaults calling for orderly resolution. With a single indebted firm, a bankruptcy law organizes such an orderly resolution. With cross-liabilities, a resolution rule should be defined at the system level to account for all those affected, directly or indirectly. This paper investigates such rules assuming their primary goal is to avoid defaults on creditors external to the system, say banks’ defaults on customers’ deposits. I define and characterize the constrained-proportional rule building on two approaches: the minimization of an inequality measure on the reimbursements (made and received) and the axiomatization through desirable properties.

MaxSAT Resolution and Subcube Sums

We study the MaxSAT Resolution (MaxRes) rule in the context of certifying unsatisfiability. We show that it can be exponentially more powerful than tree-like resolution, and when augmented with weakening (the system MaxResW), p -simulates tree-like resolution. In devising a lower bound technique specific to MaxRes (and not merely inheriting lower bounds from Res), we define a new proof system called the SubCubeSums proof system. This system, which p -simulates MaxResW, can be viewed as a special case of the semi-algebraic Sherali–Adams proof system. In expressivity, it is the integral restriction of conical juntas studied in the contexts of communication complexity and extension complexity. We show that it is not simulated by Res. Using a proof technique qualitatively different from the lower bounds that MaxResW inherits from Res, we show that Tseitin contradictions on expander graphs are hard to refute in SubCubeSums. We also establish a lower bound technique via lifting: for formulas requiring large degree in SubCubeSums, their XOR-ification requires large size in SubCubeSums.

Polarization and conflict among groups with heterogeneous members

We analyze the choice of the policy platform that a group of heterogeneous challengers will support to confront the current policy in a subsequent contest between them and the status-quo defenders. The choice of this alternative policy will affect not only the incentives of challengers to get involved in the conflict (intra-group effect), but also the mobilization of status-quo defenders (inter-group effect). We disentangle these two effects and show that the degree of polarization (distance between the alternative and the status-quo policy) depends on how the efforts that groups exert in the contest affect their winning probabilities. Our results illustrate how the conflict resolution rules may affect the degree of polarization in political confrontations.

Gradle-Autofix: An Automatic Resolution Generator for Gradle Build Error

Gradle is one of the widely used tools to automatically build a software project. While developers execute the Gradle build for projects, they face various build errors in practice. However, fixing build errors is not easy because developers should manually find out the cause of the build error and its resolution on their project. For this reason, developers spend much time fixing them, and especially it can be worse if a developer lacks the experience of handling build errors. To address this issue, we propose a novel approach named Gradle-AutoFix to automatically fix build errors along with providing their causes and resolutions. In this approach, we collect build errors to group their causes and resolutions and then generate feature vectors from build error messages by applying Bag-of-Word (BoW), Term Frequency-Inverse Document Frequency (TF-IDF), Bigram, and an embedding layer. The feature vectors are utilized for training two classification models on cause and resolution. Next, we analyze fixing patterns and define seven resolution rules to fix the build error automatically. Based on our trained models and defined resolution rules, we built Gradle-AutoFix. For the evaluation, we measured how appropriately Gradle-AutoFix provides causes of build errors and resolutions. As a result, we obtained 96% and 91% accuracy, respectively. Also, we assessed how properly Gradle-AutoFix fixes the project’s build error based on the seven resolution rules. The outcome showed a 64.5% build error resolution rate for 231 projects.

Book review: Collective and Mass Litigation in Europe: Model Rules for Effective Dispute Resolution by Astrid Stadler, Emmanuel Jeuland and Vincent Smith. (Cheltenham: Edward Elgar, 2020)

Book review: <i>Collective and Mass Litigation in Europe: Model Rules for Effective Dispute Resolution</i> by Astrid Stadler, Emmanuel Jeuland and Vincent Smith. (Cheltenham: Edward Elgar, 2020)

The Role of Agricultural Extension in Apple crop Marketing in Paktia Province-Afghanistan

In the realm of international private law, before a judge can exercise his/her authority to adjudicate a claim, it is necessary to find the governing law under which he/she can make a decision. To achieve his/her goal, the judge is obliged to explain the claim. After that, he/she places it in his respective liaison section, or enforces the conflict resolution rule related to that section, until he/she can reach the ruling law. In the case of the application of the conflict resolution rule, the judge faces two situations, which are co-ordination and non-coordination of the conflict resolution rules. One form of theirs is called negative conflict or renvoi. And it occurs when the countries involved in the lawsuit, have no authority to intervene and the law of the other country is considered to be justified in handling the lawsuit. The goal of this research is to identify the right law and the right court in case of conflict of law in order to better address the issue. That is, if there is a conflict between the laws of countries, it must first be determined whether it is a positive or a negative conflict, so that the problem can be easily resolved. If there is a negative conflict, as a result, the renvoi takes place. For renvoi, the law and the systems of the countries concerned should be studied well in order to resolve the problem easily. As a result of this research, we can understand that in case of a foreign case the judge should try to find foreign righteous law and should make a decision by applying the substantial rules of the righteous law.

Renvoi in the Legal System of Afghanistan

In the realm of international private law, before a judge can exercise his/her authority to adjudicate a claim, it is necessary to find the governing law under which he/she can make a decision. To achieve his/her goal, the judge is obliged to explain the claim. After that, he/she places it in his respective liaison section, or enforces the conflict resolution rule related to that section, until he/she can reach the ruling law. In the case of the application of the conflict resolution rule, the judge faces two situations, which are co-ordination and non-coordination of the conflict resolution rules. One form of theirs is called negative conflict or renvoi. And it occurs when the countries involved in the lawsuit, have no authority to intervene and the law of the other country is considered to be justified in handling the lawsuit. The goal of this research is to identify the right law and the right court in case of conflict of law in order to better address the issue. That is, if there is a conflict between the laws of countries, it must first be determined whether it is a positive or a negative conflict, so that the problem can be easily resolved. If there is a negative conflict, as a result, the renvoi takes place. For renvoi, the law and the systems of the countries concerned should be studied well in order to resolve the problem easily. As a result of this research, we can understand that in case of a foreign case the judge should try to find foreign righteous law and should make a decision by applying the substantial rules of the righteous law.

On the Resolution of Cross-Liabilities

In a variety of situations, entities in a system, for example firms in the financial sector, hold liabilities on each other. The reimbursement abilities are intertwined, thereby potentially generating coordination failures and a cascade of defaults calling for interventions. Interventions can be discretionary or designed by rules such as bankruptcy laws. Bankruptcy laws, however, manage the default of a single firm towards its creditors, without considering all those that could be affected indirectly by the resolution. To account for these indirect effects, resolution rules should be defined at the system level. This paper investigates such rules, assuming that the primary goal of the resolution is to avoid defaults on external debts, say, banks' defaults on deposits. Focusing on the proportionality principle, it defines and characterizes the constrained-proportional rule, building on two approaches: the minimization of an inequality measure of the reimbursements (made and received) and the axiomatization through desirable properties.

Resolving 5G NR-U Contention for Gap-Based Channel Access in Shared Sub-7 GHz Bands

New Radio Unlicensed (NR-U) enables 5G networks to operate in unlicensed channels, including the sub-7 GHz bands where transmitters are required to adhere to a set of contention resolution rules known as listen before talk (LBT). NR-U derives from a scheduled radio access technology where transmissions are expected to begin at fixed slot boundaries. The end of an LBT procedure, however, may not coincide with such a boundary. One solution to this problem is to have the NR-U base station wait a gap period to align with the slot boundary. We design, implement, and validate a simulator of NR-U channel access and conduct a performance analysis to assess several important issues: slot boundary synchronization between NR-U base stations, gap placement methods, impact of transmission settings, and performance under dense deployments. We also propose a method for improving the fairness of contending NR-U base stations and conclude our research with guidelines for configuring NR-U networks operating under gap-based channel access.

Blokada Apelacionog tela Svetske trgovinske organizacije i Privremeni žalbeni arbitražni aranžman (MPIA)

The World Trade Organization (WTO) dispute settlement system is organized in two stages. In the first instance, the existing dispute between the members is resolved by ad hoc panels. In case the parties are dissatisfied with the panel's report, the dispute is finally resolved by the second instance body - the Appellate Body (AB). Since 2017, the United States has repeatedly blocked the appointment of members of the Appellate Body, which has caused a progressive reduction in the number of members. As the mandate of two of the three remaining members ended on 10 December 2019, the highest institution in the WTO dispute resolution system has thus become de facto dysfunctional. The blockade of the Appellate Body has resulted in a crisis in the WTO dispute settlement mechanism, which ultimately implies that the disputes are not being definitively resolved. In order to remove the blockade of the Appellate Body and its consequences, some WTO members have established a complaint redress mechanism in accordance with Article 25 of the Agreement on Dispute Resolution Rules and Procedures (DSU). Article 25 of the DSU envisages the possibility of establishing arbitration for resolving disputes at the multilateral level. This provision serves as a basis for establishing an arbitration mechanism that would act as an alternative to the Appellate Body while it is under blockade. On 30 April 2020, after intensive debates on how to implement this idea, the Multi-party Interim Appeal Arrangement (MPIA) came into force. The MPIA arrangement offers a short-term solution to overcome the problem of blocking the Appellate Body, while members try to find a more permanent solution. This article examines the role that the newly established MPIA would play in the future of the WTO, as well as the procedural innovations it has introduced, which can serve as a trigger for systematic changes in resolving disputes in front of the WTO.