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2021 ◽  
pp. 174-209
Author(s):  
Melissa Aronczyk ◽  
Maria I. Espinoza

Chapter 7, “Shared Value”: Promoting Climate Change for Data Worlds, begins with a provocation. In the growing movement to deploy big data for big solutions to mitigate global warming, are the data serving the climate cause? Or is the climate a convenient form of promotional capital for the benefit of big data adherents? This chapter reviews the shape of the Data for Climate Action (D4CA) campaign, showing how the campaign’s greatest impact is in the realm of publicity. Under the banner of shared value and social good, business, NGO and political leaders promote data solutions to climate problems, privileging technical and private sector expertise and digital “evidence” of global climate transformations. Despite its datafied package, the chapter reveals the continuity of mechanisms of public relations to generate facts that further reinforce the informational and technical character of environmentalism.


2021 ◽  
Vol 5 (1) ◽  
pp. 9-24
Author(s):  
Laura del Valle Mesa ◽  
Saúl L|zaro Ortíz ◽  
Celeste Jiménez de Madariaga

The professionalization of cultural management in Spain emerged as a complex process in which the demand for professionals anticipated the existence of an academic discipline to support qualified knowledge, giving rise to strong epistemological debates. The main objective of this research paper is to study the development of the profession linked to the political, social, institutional and economic context, finding a recent research gap. The methodological triangulation of the various sources has revealed the importance of public and private systems in the definition of professional competencies, endowing them with a strong technical character that has been reflected in the theoretical development of cultural management. A lack of consensus between professionals, associations, entities and academies has been detected, showing the current fragmentation caused by the interest of certain sectors in maintaining the status quo that existed prior to the academic development of the profession. Scientific involvement in theoretical and educational development is necessary to guarantee adequate professional compliance in the practice of cultural management.


2021 ◽  
Author(s):  
Oliver Baldus

Abstract Decision G 1/19 of the Enlarged Board of Appeal (EBA) of the European Patent Office (EPO) answers the question whether computer simulations can be protected under the EPC. It was decided that these simulations in principle could solve a technical problem by producing a technical effect going beyond the simulation’s implementation on a computer. The result of the decision is rather non-spectacular and obvious, since it simply states that simulations can be protected under EPC law when they solve a technical problem. Nevertheless, the decision casts an extensive light on the general and established criteria to be used for assessing technicality. In this context a misconception of the COMVIK approach becomes apparent. The COMVIK approach is based on distinguishing technical from non-technical features. All technical features must be considered when assessing inventive step of an invention over prior art, while non-technical features have no significance for this purpose. In this view it is assumed that all information provided by a claim can be either classified as a technical or a non-technical feature. Further it is assumed that features exist that are inherently technical, i.e. technical per se. However, this concept of an inherent technical character is misleading. Basically, all information should first be distinguished as to whether it has a substantial effect on the design of the claimed subject-matter. Information that does not influence its ‘appearance’ must be seen a ‘non-feature’, whereas all other information describing a characteristic of the claimed subject-matter forms a ‘feature’. Secondly the so determined features are to be divided into technical or non-technical features, solely depending on whether they contribute to the solution of the concrete technical problem of the invention. In this way, the non-feature concept avoids many classification problems associated with the former COMVIK approach and constitutes the only admissible way to assess technicality correctly, consistently and non-sophistically.


2021 ◽  
pp. 220-281
Author(s):  
Alan Boyle ◽  
Catherine Redgwell

This chapter looks at the number of ways that secure compliance with international environmental law can be employed. The more traditional approach to this subject is the familiar one of interstate claims for breach of international obligations, employing the variety of forms of dispute settlement machinery contemplated in Article 33 of the UN Charter. There are a number of disadvantages to enforcing international environmental law in this manner, particularly if it involves compulsory resort to judicial institutions. The chapter outlines these disadvantages which include the adverse effect on relations between the relevant states; the complexity, length, and expense of international litigation; the technical character of environmental problems, and the difficulties of proof which legal proceedings may entail, and uncertainty concerning jurisdiction and applicable law in legally complex disputes.


2021 ◽  
Vol 41 (3) ◽  
pp. 803-825
Author(s):  
Frane Staničić

When the Roads Act came into force in 2011, its provisions specified that unclassified roads are to become public good in general usage in inalienable property of municipalities on which territory they lie. Of course, the question arose whether de facto expropriation of landowners of real estate of which unclassified roads are made of was carried out by this Act. The Constitutional Court of the Republic of Croatia took the view, in its decision in the procedure in which the constitutionality of the Roads Act was challenged, that the disputed provisions of this Act are only of legal-technical character and that they did not establish ownership over unclassified roads. This legal question is of paramount importance for (previous) owners because it is important (and) in the context of determination whether the statute of limitations for claims for compensation for de facto expropriation has expired. In the paper the author critically analyzes the decision of the Constitutional Court and finds that it is flawed, namely the author establishes that the Roads Act truly established ownership over unclassified roads and that the disputed provisions that were the subject of constitutional control did not have mere legal-technical character. In this context, the author finds that de facto expropriation was indeed carried out by the Roads Act and that coming into force of this Act should be observed as the moment from which the statute of limitations for claims for compensation for expropriation carried out by it began to run.


Author(s):  
Ralf Michaels

Global legal pluralism makes three claims about law: (1) law includes both state law and nonstate law; (2) there is a plurality of laws; (3) laws overlap and interact in certain ways. Among these, the third one is the most difficult one and at the same time the one least theorized. Pluralists lack the instruments to deal with them. The main reason is that they, with rare exceptions, ignore conflict of laws as the discipline that deals with such overlaps and interactions. As a consequence, discussions have stalled: global legal pluralism is widely accepted as a helpful description of law in the world, but because a more precise conceptualization and theorization is lacking, that description has little impact for further analysis. This chapter introduces conflict of laws as a technique and as a discipline to scholars of global pluralists. And it makes the case for why conflict of laws is the adequate discipline, doctrinally and epistemologically, to deal with overlaps and interactions of laws in global legal pluralism. Conflict of laws is superior to other techniques of dealing with diversity due to its experience. Moreover, it is superior to other epistemologies due to a number of its characteristics, in particular its decentralized nature, its technical character, and its ethical position. Scholars working in global legal pluralism would do well to engage with it in a more comprehensive fashion.


2020 ◽  
Vol 44 (2) ◽  
pp. 130-156
Author(s):  
Antoaneta L. Dimitrova

This article argues that the EU’s enlargement negotiations with Eastern European applicants have become possible to a large extent by the introduction of objective assessment by the Commission, which allowed integration to proceed despite the threat of deadlock. The process of negotiations and preparation, however, should be better seen as a constant switching between the technical parts of the acquis and their (potential) political consequences. These arguments are developed in an analysis of Bulgaria’s path to accession. The analysis shows that in the domestic arena, the same tensions between the seemingly technical character of the negotiations and their political implications and consequences can be observed. The article will argue that while the emphasis on objective criteria and technical issues obscured the potential political consequences and effects on various sectors of the economy and society, stalled reforms in public administration or the judiciary belonged to the realm of its unintended consequences. Rule of law did not reform significantly despite the introduction of a special tool of political conditionality, the EU’s Cooperation and Verification Mechanism (cvm). The politicization of issues changed over time, with some measures affecting political cleavages more than a decade after Bulgaria’s accession.


2020 ◽  
Vol 4 (2) ◽  
pp. 135-141
Author(s):  
Husnah Husnah ◽  
Rahmat Tisnawan ◽  
M Fajar Anugrah

Managing waste is a waste conversion activity that is not useful or the waste becomes useful useful efficiently and economically with minimal environmental impact. Therefore we need information about the character of waste, the technical character of existing conversion technology, the market character of processing products, environmental implications, environmental requirements, and availability of funds. The purpose of this service is to create a green and clean village that is packaged in a community service package by the Abdurrab University lecturer team. Activity Steps The activity steps taken are intensive training through the following stages:1. Lecture on the study of waste management systems.2. Lecture on managing and processing household waste, especially Composting the 3 R method (Reduce, reuse, recycle)3. Demonstration regarding the application of the Garbage Bank 4. Exercise on sorting waste and applying composter 5. Consultation in overcoming several obstacles faced by participants in managing household waste. 6. Mutual cooperation among the community.


Author(s):  
P. Bordyian ◽  
D. Maksymchuk ◽  
K. Dechtiarenko ◽  
L. Gordishevsky ◽  
N. Maslich

Considering that there are promising ways to combat unmanned licensed vehicles for other field warehouses stored in combat situations. The experience of conducting the Joint Forces Operation (ATO) in eastern Ukraine, as well as the negative cases that have recently occurred in the field artillery depots and stationary arsenals (bases) of the Armed Forces of Ukraine, shows that the system of storage of missiles and ammunition in the field artillery depots of The Ukrainian forces are outdated and need major upgrading and modernization. Based on the analysis of the provision of troops with missiles and ammunition, for the period from 2015 to 2016 for the destruction of ammunition storage facilities, both stationary (arsenals, ammunition storage bases of the Armed Forces of Ukraine) and field depots of the units of Incorporated Forces effectively uses unmanned aerial vehicles (UAVs). The most illustrative examples of UAVs are: fire and explosion at the field warehouse of ammunition storage at the combined RAW field warehouses (Svatovo, Lugansk region) on October 29, 2015; attempt to carry out a diversion at the arsenal of storage of missiles and ammunition (Balakley) with the help of UAV December 26, 2015 (dropping packages with incendiary mixture that could not be extinguished by ordinary fire extinguishing means); fire on the territory of the munitions field warehouse on February 18, 2016 of a military unit located near the settlement of Grodivka of Donetsk region (use by a UAV enemy, who in turn dropped the packet with incendiary mixture on the ammunition stack); the fire that occurred on February 17, 2016 as a result of the dropping of incendiary and fragmentation ammunition from the UAV over the rear control post of the military unit (Zaporizhzhia region, Kuibyshevsky district, Vershina village); fire that resulted from dropping explosive devices from UAVs on February 18, 2016 (Cherkasy village, Dnipropetrovsk region). The enemy still uses unmanned aerial vehicles to destroy the ammunition of the Armed Forces of Ukraine. The system of storage of missiles and ammunition in field artillery depots is a set of forces and means, as well as measures of organizational, economic, legal, social and scientific-technical character, aimed at maintaining stable functioning and preventing explosions and fires and losses from them in storage sites and explosives.


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