Legal Regime of Confidentiality Protection in the Mediation Process and Its Meaning

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 188-206
Keyword(s):  
Mediation Process ◽  
Time Analysis ◽  
Legal Regime ◽  
Association Agreement ◽  
Legitimate Expectation ◽  
European Experience ◽  
The Law ◽  
The One ◽  
The Given ◽  
Confidentiality Protection

The work is dedicated to specific legal regime of confidentiality protection in the mediation process. To this end, not only the scope of the concept of confidentiality is explored, but also the peculiarities of its protection in mediation and in court. Legislative news and the standards recognized by the law “on mediation” is analyzed in this context. It is noteworthy, that due to several factors mediation becomes especially attractive for business in a pandemic conditions: unlike hearing the case in court, mediation is fast, cheap, calm, flexible and effective dispute resolution process aimed at maintaining the current relationship between the parties through mediation confidentiality. Given the confidentiality of the mediation process, the parties have a legitimate expectation that the information they disclose will remain confidential. It is confidentiality that empowers the trust of the parties towards mediation. At the same time, analysis of the law reveals that confidentiality is not absolute during mediation and it may be restricted in certain exceptional cases. Taking into account European experience and the obligations under the Association Agreement in Georgia was accepted the law “on mediation” in which it was formed exceptional cases of confidentiality restrictions. Moreover, disclosure of confi dential information is considered justified in exceptional cases if the preconditions established by law are met. It is advisable to evaluate the given cases as carefully and individually as possible. In this way, it will be ensured that the restriction of confidentiality, on the one hand, directly affects the areas defined by law, and on the other hand, as a result of its misinterpretation will not lead to the extension of the exception to the restriction and thus violate confidentiality.

Integration of one-dimensional equations of motions

2020 ◽  
pp. 79-90
Author(s):  
Gleb L. Kotkin ◽  
Valeriy G. Serbo
Keyword(s):  
Potential Energy ◽  
Field Change ◽  
One Dimensional ◽  
System A ◽  
Small Correction ◽  
The Law ◽  
The One ◽  
The Given ◽  
Equations Of Motions

If the potential energy is independent of time, the energy of the system remains constant during the motion of a closed system. A system with one degree of freedom allows for the determination of the law of motion in quadrature. In this chapter, the authors consider motion of the particles in the one-dimensional fields. They discuss also how the law and the period of a particle moving in the potential field change due to adding to the given field a small correction.

Integration of one-dimensional equations of motion

2020 ◽  
pp. 3-5
Author(s):  
Gleb L. Kotkin ◽  
Valeriy G. Serbo
Keyword(s):  
Potential Energy ◽  
Equations Of Motion ◽  
Field Change ◽  
One Dimensional ◽  
System A ◽  
Small Correction ◽  
The Law ◽  
The One ◽  
The Given

If the potential energy is independent of time, the energy of the system remains constant during the motion of a closed system. A system with one degree of freedom allows for the determination of the law of motion in quadrature. In this chapter, the authors consider motion of the particles in the one-dimensional fields. They discuss also how the law and the period of a particle moving in the potential field change due to adding to the given field a small correction.

Reactions to Non-Performance of Treaties in International Law

2012 ◽  
Vol 25 (3) ◽  
pp. 759-770 ◽  
Author(s):  
SERENA FORLATI
Keyword(s):  
International Law ◽  
The Other ◽  
Current Understanding ◽  
International Treaties ◽  
Legal Regime ◽  
Limited Role ◽  
International Responsibility ◽  
The Law ◽  
The One ◽  
The Relationship

AbstractIdentifying the range of lawful reactions to non-performance of treaties is still problematic, as shown by the case concerning the Application of the Interim Accord of 13 September 1995 (FYROM/Greece). After reviewing the current understanding of the relationship between the law of treaties and the law of international responsibility, the author analyses the legal regime pertaining to suspension and termination of treaties on grounds of breach, on the one hand, and, on the other, to countermeasures, arguing that the exceptio inadimpleti contractus may still play an independent, albeit limited, role as a reaction to lawful non-performance of international treaties.

THE EU SUGAR MARKET PROFILE AND ITS MAIN DRIVERS

2015 ◽  
Author(s):  
Lubos SMUTKA ◽  
Irena BENEŠOVÁ ◽  
Patrik ROVNÝ ◽  
Renata MATYSIK-PEJAS
Keyword(s):  
Market Failure ◽  
Current System ◽  
Quota System ◽  
Considerable Debate ◽  
Sugar Market ◽  
The Common ◽  
The One ◽  
Production Capacities ◽  
The Given ◽  
The Eu

Sugar is one of the most important elements in human nutrition. The Common Market Organisation for sugar has been a subject of considerable debate since its establishment in 1968. The European agricultural market has been criticized for its heavy regulations and subsidization. The sugar market is one of the most regulated ones; however, this will change radically in 2017 when the current system of production quotas will end. The current EU sugar market changed is structure during the last several decades. The significant number of companies left the market and EU internal sugar market became more concentrated. The aim of this paper is presentation characteristics of sugar market with respect to the supposed market failure – reduction in competition. The analysis also identifies the main drivers and determinants of the EU especially quota sugar market. In relation to paper’s aim the following results are important. The present conditions of the European sugar market have led to market failure when nearly 75 % (10 million tonnes) of the quota is controlled by five multinational companies only. These multinational alliances (especially German and French one) are also taking control over the production capacities of their subsidiaries. In most countries, this causes serious problems as the given quota is controlled by one or two producers only. This is a significant indicator of market imperfection. The quota system cannot overcome the problem of production quotas on the one hand and the demand on the other; furthermore, it also leads to economic inefficiency. The current EU sugar market is under the control of only Sudzucker, Nordzucker, Pfeifer and Langen, Tereos and ABF.

Quasi-Periodic Control Technique for Minimizing Fuel Consumption During Record Vehicle Competition

2013 ◽  
Vol 60 (2) ◽  
pp. 185-197 ◽  
Author(s):  
Paweł Sulikowski ◽  
Ryszard Maronski
Keyword(s):  
Fuel Consumption ◽  
Optimal Control Theory ◽  
Slope Angle ◽  
Control Technique ◽  
Decision Variables ◽  
Aeronautical Engineering ◽  
The One ◽  
Optimal Driving ◽  
The Given ◽  
Engine Power

The problem of the optimal driving technique during the fuel economy competition is reconsidered. The vehicle is regarded as a particle moving on a trace with a variable slope angle. The fuel consumption is minimized as the vehicle covers the given distance in a given time. It is assumed that the run consists of two recurrent phases: acceleration with a full available engine power and coasting down with the engine turned off. The most fuel-efficient technique for shifting gears during acceleration is found. The decision variables are: the vehicle velocities at which the gears should be shifted, on the one hand, and the vehicle velocities when the engine should be turned on and off, on the other hand. For the data of students’ vehicle representing the Faculty of Power and Aeronautical Engineering it has been found that such driving strategy is more effective in comparison with a constant speed strategy with the engine partly throttled, as well as a strategy resulting from optimal control theory when the engine is still active.

Law’s Contradictions

2018 ◽  
Author(s):  
Nimer Sultany
Keyword(s):  
The Other ◽  
Political Actors ◽  
Political Conflicts ◽  
Other Hand ◽  
The Law ◽  
The One

This chapter analyzes concrete Egyptian and Tunisian cases that showcase the interplay between continuity and rupture. These cases illustrate the lack of a systemic relation between law and revolution. On the one hand, the judiciary that interprets and applies the law is part of the very social and political conflicts it is supposed to resolve. On the other hand, the law is incoherent and there are often resources within the legal materials to play it both ways. Thus, the different forces at work use both continuity and rupture to advance their positions. Furthermore, legitimacy discourse mediates the contradictions between law and revolution in the experience of different legal and political actors. This mediation serves an ideological role because it presupposes a binary dichotomy between continuity and rupture, papers over law’s incoherence by reducing it to a singular voice, and reduces revolution to an event rather than a process.

scholarly journals Quantification of Classified Nickel Species in Spent FFC Catalysts

2021 ◽  
Author(s):  
Monica Dapiaggi ◽  
Marco Alloni ◽  
Riccardo Carli ◽  
Nicola Rotiroti ◽  
Giorgia Confalonieri
Keyword(s):  
Zeolite Y ◽  
Complex Matrix ◽  
Spent Catalyst ◽  
Quick Method ◽  
Spent Catalysts ◽  
The Law ◽  
The One ◽  
Nickel Species

Abstract The paper presents a quick method for the quantification of nickel species in spent FFC catalysts; the quantification of known quantities NiO and $$\hbox{NiAl}_2\hbox{O}_{4}$$ NiAl 2 O 4 is first done in a matrix of fresh zeolite Y, and then in a complex matrix, similar to the one of a real spent catalyst. The method is carefully checked and the errors in the quantification are critically evaluated. After the validation of the method with known quantities of NiO, well below the law limit for direct re-use, a set of real spent catalysts (representative of a period of 12 months) is analysed. Graphic Abstract

Insider Trading in Israel and England, Part II

1972 ◽  
Vol 7 (3) ◽  
pp. 373-410
Author(s):  
Aharon Yoran
Keyword(s):  
Insider Trading ◽  
The Other ◽  
Fiduciary Duties ◽  
The Law ◽  
The One

It is submitted that even if the hapless outsider cannot bring an action for damages because of the existing state of the law regarding fiduciary duties and breach of statutory duties, he still has an equitable remedy of rescission of the contract based on quasi-contractual principles. The crime of fraud, under secs. 13 and 54, respectively, would be made the basis of setting the contract (of sale or purchase) aside. To support this proposition we shall explore the quasi-contractual principles which enable one contracting party, the victim of a crime committed by the other party in entering the contract, to defeat this contract.In Browning v. Morris, in an oft-quoted statement by Lord Mansfield, the following principle was declared: But, where contracts or transactions are prohibited by positive statutes, for protecting one set of men from another set of men; the one, from their situation and condition, being liable to be oppressed or imposed upon by the other; there, the parties are not in pan delicto; and in furtherance of these statutes, the person injured, after the transaction is finished and completed, may bring an action and defeat the contract.

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