Germany

2018 ◽  
Author(s):  
Valentin Aichele
Keyword(s):  
Human Rights ◽  
International Law ◽  
Direct Effect ◽  
Federal Courts ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Public International Law ◽  
Monitoring Mechanism ◽  
International Human ◽  
Human Rights Norms

This chapter analyses the use and interpretation of the Convention on the Rights of Persons with Disabilities (CRPD) in sixty-nine decisions of German federal courts between 2009 and mid-2016. German courts’ failure to be proactive in demonstrating ‘friendliness towards public international law’ when dealing with international human rights norms has been criticised. The National CRPD Monitoring Mechanism addressed problems in the application of the law. This chapter investigates the courts’ understanding of basic CRPD concepts, judicial techniques, interpretation methods and specific CRPD provisions. The importance of the concepts of self-executing provisions and direct effect is discussed. In quantitative terms, German courts have referred to the CRPD more often than any other UN international human rights instrument. Furthermore, in qualitative terms, federal courts have become more receptive towards the CRPD. However, it is clear that much of the potential for courts to use the CRPD in the realisation of the rights of persons with disabilities remains untapped.

The EIF monitoring mechanism

2020 ◽  
Author(s):  
Federico Chiarelli ◽  
Barbora Kudzmanaite ◽  
Giorgio Cacciaguerra Ranghieri ◽  
Miguel Alvarez-Rodriguez
Keyword(s):  
Monitoring Mechanism

Heterogeneous Market Responses and the Listing Effect in M&A

2012 ◽  
Vol 02 (02) ◽  
pp. 1250007 ◽  
Author(s):  
Qingzhong Ma ◽  
David A. Whidbee ◽  
Wei Zhang
Keyword(s):  
Asymmetric Information ◽  
Relative Size ◽  
Conventional Approach ◽  
Omitted Variables ◽  
Market Responses ◽  
Monitoring Mechanism ◽  
Method Of Payment ◽  
Pooled Samples

Unlisted acquisitions differ from listed ones in three important aspects: the possibility of forming blockholders, which substitute debt as a monitoring mechanism; the liquidity discount, which mitigates managerial hubris; and the distinct deal process through which two-sided asymmetric information is revealed. Due to these differences, same firm and deal characteristics could induce heterogeneous market responses, depending on the target listing status. We find that such heterogeneous responses exist in usual characteristics such as method of payment, relative size, acquirer size, leverage, and market-to-book ratios. After these heterogeneous responses are incorporated, the puzzling "listing effect" disappears. Our results also indicate that the conventional approach used to investigate pooled samples of listed and unlisted acquisitions is effectively misspecified due to omitted variables.

Recourse to Human Rights Treaty Bodies for Monitoring of the Refugee Convention

2002 ◽  
Vol 20 (1) ◽  
pp. 53-74 ◽  
Author(s):  
Saul Takahashi
Keyword(s):  
Human Rights ◽  
Monitoring Methods ◽  
Refugee Convention ◽  
Body Model ◽  
Number Of Factors ◽  
The World ◽  
Monitoring Mechanism ◽  
The Status ◽  
Treaty Body ◽  
Refugee Issues

Nearly all human rights conventions adopt the treaty body model to monitor states parties' implementation of their treaty obligations. This monitoring mechanism provides for a quasi judicial committee, far detached from sites of many of the human rights violations it reviews. On the other hand, there is no such treaty body for the 1951 Convention relating to the Status of Refugees. Rather, there is the UNHCR; a large operational agency with offices all over the world, including in sites of refugee emergencies. Effective monitoring of human rights conventions would seem to require a number of factors, including independence and transparency. Legitimate monitoring would have to be strong, and would have to be seen to be strong. Criticism raised in recent years of UNHCR's monitoring methods are largely based on frustration with these points. This paper will examine these issues, and also examine whether recourse to the treaty bodies really provides an adequate remedy for refugee rights. The argument of this paper is that while the UNHCR's monitoring of the Refugee Convention is problematic in many respects, the monitoring of refugee issues by the treaty bodies is in many ways incomplete and inconsistent, and that the treaty body model does not provide refugee advocates with a comprehensive solution.

Diagnosis Research on Main Bearing Wear of Gasoline Engines in Mechanical Engineering

2013 ◽  
Vol 644 ◽  
pp. 304-307 ◽  
Author(s):  
Chang Shun Wang
Keyword(s):  
Gasoline Engine ◽  
Vibration Monitoring ◽  
Analysis Method ◽  
Characteristic Parameters ◽  
Main Bearing ◽  
Vibration Signals ◽  
Gasoline Engines ◽  
Test Spot ◽  
Monitoring Mechanism ◽  
Spectral Analysis Method

The different clearances of main bearing of previously designed on EQ6100 model gasoline engine is diagnosed by means of vibration monitoring mechanism. Breakdown signals of main test on different speed, clearance of main bearing, test spot and weather were analyzed by Spectral Analysis method and compared with normal and abnormal vibration signals. As a result, the characteristic parameters and the identifying methods of breakdown are given. In addition, the problems of fault detection are pointed out.

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