scholarly journals The Dual Competence Issue: What Has the Procedural Reform Failed to Do?

2020 ◽  
Vol 12 ◽  
pp. 28-32
Author(s):  
Valeria D. Melnik ◽  

The article addresses the problem of “dual competence” that supposes the disputes with the same subject and cause of action might be heard both by commercial courts and general jurisdiction courts even there are the same legislation should be applied. It is concluded that the competence rules should not be construed at will depending only on parties to a dispute if there are the same legislation should be applied.

2020 ◽  
Vol 10 (5) ◽  
pp. 248-274
Author(s):  
M.A. SHABALINA ◽  
Yu.A. KRYUCHKOVA

This article deals with the problems of establishing jurisdiction over environmental disputes. The issues under consideration are relevant in the context of Russian regulation because both commercial courts and courts of general jurisdiction could be competent to hear the disputes, which inevitably entails difficulties for both the applicants and the courts themselves as the provided case law demonstrates. Besides, the issues are topical because of the numerous changes of Russian supreme courts’ approaches towards them, and also due to the procedural reform of 2019. Relevance in the context of international regulation is due to lack of specialised rules for establishing international jurisdiction over environmental disputes, while the rules on international jurisdiction over tort disputes are not fully effective. The article also analyses the rules on jurisdiction over tort disputes provided for by Russian procedural codes. The article concludes that in the absence of clear rules on the competence of arbitration and general courts to hear environmental disputes, significant differences between the rules of the codes affect the implementation of the principle of legal certainty in considering this type of disputes.


Author(s):  
John W. Coleman

In the design engineering of high performance electromagnetic lenses, the direct conversion of electron optical design data into drawings for reliable hardware is oftentimes difficult, especially in terms of how to mount parts to each other, how to tolerance dimensions, and how to specify finishes. An answer to this is in the use of magnetostatic analytics, corresponding to boundary conditions for the optical design. With such models, the magnetostatic force on a test pole along the axis may be examined, and in this way one may obtain priority listings for holding dimensions, relieving stresses, etc..The development of magnetostatic models most easily proceeds from the derivation of scalar potentials of separate geometric elements. These potentials can then be conbined at will because of the superposition characteristic of conservative force fields.


Author(s):  
Russell L. Steere ◽  
Eric F. Erbe ◽  
J. Michael Moseley

We have designed and built an electronic device which compares the resistance of a defined area of vacuum evaporated material with a variable resistor. When the two resistances are matched, the device automatically disconnects the primary side of the substrate transformer and stops further evaporation.This approach to controlled evaporation in conjunction with the modified guns and evaporation source permits reliably reproducible multiple Pt shadow films from a single Pt wrapped carbon point source. The reproducibility from consecutive C point sources is also reliable. Furthermore, the device we have developed permits us to select a predetermined resistance so that low contrast high-resolution shadows, heavy high contrast shadows, or any grade in between can be selected at will. The reproducibility and quality of results are demonstrated in Figures 1-4 which represent evaporations at various settings of the variable resistor.


Author(s):  
Luna Dolezal

The notion that the body can be changed at will in order to meet the desires and designs of its ‘owner’ is one that has captured the popular imagination and underpins contemporary medical practices such as cosmetic surgery and gender reassignment. In fact, describing the body as ‘malleable’ or ‘plastic’ has entered common parlance and dictates common-sense ideas of how we understand the human body in late-capitalist consumer societies in the wake of commercial biotechnologies that work to modify the body aesthetically and otherwise. If we are not satisfied with some aspect of our physicality – in terms of health, function or aesthetics – we can engage with a whole variety of self-care body practices – fashion, diet, exercise, cosmetics, medicine, surgery, laser – in order to ‘correct’, reshape or restyle the body. In addition, as technology has advanced and elective cosmetic surgery has unapologetically entered the mainstream, the notion of the malleable body has become intrinsically linked to the practices and discourses of biomedicine and, furthermore, has become a significant means to assert and affirm identity.


Author(s):  
Federico Varese

Organized crime is spreading like a global virus as mobs take advantage of open borders to establish local franchises at will. That at least is the fear, inspired by stories of Russian mobsters in New York, Chinese triads in London, and Italian mafias throughout the West. As this book explains, the truth is more complicated. The author has spent years researching mafia groups in Italy, Russia, the United States, and China, and argues that mafiosi often find themselves abroad against their will, rather than through a strategic plan to colonize new territories. Once there, they do not always succeed in establishing themselves. The book spells out the conditions that lead to their long-term success, namely sudden market expansion that is neither exploited by local rivals nor blocked by authorities. Ultimately the inability of the state to govern economic transformations gives mafias their opportunity. In a series of matched comparisons, the book charts the attempts of the Calabrese 'Ndrangheta to move to the north of Italy, and shows how the Sicilian mafia expanded to early twentieth-century New York, but failed around the same time to find a niche in Argentina. The book explains why the Russian mafia failed to penetrate Rome but succeeded in Hungary. A pioneering chapter on China examines the challenges that triads from Taiwan and Hong Kong find in branching out to the mainland. This book is both a compelling read and a sober assessment of the risks posed by globalization and immigration for the spread of mafias.


Author(s):  
James DiGiovanna

Enhancement and AI create moral dilemmas not envisaged in standard ethical theories. Some of this stems from the increased malleability of personal identity that this technology affords: an artificial being can instantly alter its memory, preferences, and moral character. If a self can, at will, jettison essential identity-giving characteristics, how are we to rely upon, befriend, or judge it? Moral problems will stem from the fact that such beings are para-persons: they meet all the standard requirements of personhood (self-awareness, agency, intentional states, second-order desires, etc.) but have an additional ability—the capacity for instant change—that disqualifies them from ordinary personal identity. In order to rescue some responsibility assignments for para-persons, a fine-grained analysis of responsibility-bearing parts of selves and the persistence conditions of these parts is proposed and recommended also for standard persons who undergo extreme change.


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