The Rule of Climate Policy: How Do Chinese Judges Contribute to Climate Governance without Climate Law?

China's climate governance is distinguished by the contrast between an abundance of policies on climate change and the lack of legally binding laws. This article argues that Chinese courts bridge this difference, which fosters a ‘rule of climate policy’ rather than a strict rule of law. The effective authority of Chinese climate policy is made possible in practice both by provisions of the Chinese Constitution and the prevailing use of legal reasoning. China's constitutional design of ‘ecological civilization’ delegates the duty and the power of managing climate change issues to the executive branch of its government. Most Chinese documents on climate governance have no binding legal force, which means, according to positive law, that they cannot serve as legal grounds for judicial decisions. Chinese judges, in deciding climate-related disputes, must combine legal provisions and non-binding materials to achieve regulatory goals. They use non-legal materials to support statutory or contractual interpretations and determine the existence or limits of rights, which alters the meaning and scope of existing legal terms and principles. This rule of climate policy is possible in the courtroom because judges justify public policy considerations with arguments of principle that are substantiated in various non-binding climate plans.

New Light on the Trial of Billy Budd

This essay focuses on the legality and legitimacy of the proceedings by which the young Royal Navy crewman Billy Budd is sentenced to death for a false and malicious charge of mutiny in Herman Melville’s novel Billy Budd, Sailor. Its ultimate position is that Captain Edward Vere, who oversees the proceedings and sentences Budd to death by hanging, is neither clearly a hero nor a villain. Instead, the novel embraces ambiguity by intentionally arming each side of the debate with considerable firepower, leaving readers with a quandary that would have been familiar to Melville’s readers because it paralleled the unsettled public debate over the 1842 case of the USS Somers. Billy Budd is thus neither an illustration of the bitter consequences of a strict rule of law, nor a tale of legal manipulation by an unchecked tyrant. Rather, it is “a story about confronting a case almost too hard to imagine.”

PERAN GURU DALAM PENINGKATAN KEDISIPLINAN SISWA

A teacher has a very important role in developing the character and attitude of the Duha prayer discipline towards students in school. Discipline is a strict rule in which the contents and formulation of the rules are carefully thought out and developed in a more real way so that what is desired can be realized as expected. Discipline can give birth to the spirit of appreciating time, not wasting it. This research is a qualitative field research, the form of research is descriptive qualitative using data collection techniques, namely observation, interviews, and documentation. Furthermore, data analysis was carried out using descriptive qualitative analysis. The results showed that: the role of fiqh teachers in improving student discipline through prayer in congregation at MTs Midanutta'lim Mayangan Jogoroto Jombang includes habituation, enforcing discipline, awareness, supervision, and examples or role models. Supporting factors for fiqh teachers in an effort to improve discipline in congregational prayer among students are facilities, natural resources, and support from the surrounding community. Barriers to fiqh teachers in an effort to improve discipline in congregational prayer among students. namely the lack of awareness of students and their different family backgrounds. Meanwhile, the solution for fiqh teachers in overcoming obstacles in an effort to improve discipline in congregational prayer is: providing guidance to students and the participation of parents at home.

Regular matters: credibility determination and the institutional habitus in a Swiss asylum office

This article seeks to understand a common and regular feature of asylum decision-making, namely, that the majority of asylum claims are rejected, mostly on the basis of non-credibility. It draws on a bottom-up, qualitative study of an administration in which asylum decision-making takes place: the Swiss Secretariat for Migration. By adopting a practice-theoretical approach to administrative work, it advocates paying attention to caseworkers’ routinised, self-evident and largely unquestioned behaviours, not only in terms of what they do, but also of what they think, feel and know. Building on Bourdieu, it introduces the concept of institutional habitus, which refers to the dispositions caseworkers develop on the job. On the basis of a specific decision-making practice termed ‘digging deep’, the article shows how these dispositions are structured and how, through the practices institutional habitus generates, these ‘structuring structures’ are continuously reaffirmed, leading to the relatively stable outcomes of administrative decision-making that can be observed from the outside. The article argues against the assumption that regularities of administrative work should be understood as the outcome of strict rule-following, top-down orders and political instrumentalism. At the same time, it challenges the individualist quality sometimes ascribed to discretionary practices in street-level bureaucracy literature and in critiques of credibility assessment practices in asylum adjudication.

Difficult Points of Chess Metaphor in the Theoretical Questions of Language and Mind

This review article reveals the structural components of the chess metaphor, which represent in an unusual perspective the properties of a linguistic sign and its connection with mental processes. Strict rule-following and the conventionality of the material plane of expression turn chess into a convenient illustration of a universal linguistic structure. Particular attention is paid to the computer profile of the chess metaphor, since it reflects a whole complex of philosophical problems of computer science about mind, thinking and intelligence. In the proposed paper, the presentation of most of the material is based on the works of F. de Saussure, L. Hjelmslev, L. Wittgenstein and their interpreters, in whose texts an obvious important place is occupied by chess analogies and theoretical conclusions initiated by them. First we investigate chess metaphor in the context of language and speech structures. Next, we analyze the "chess track" in the problem of individual language and the rule-following problem. The final part is devoted to the technical elements of computer chess and the influence of this area of computer science on some of the points of cognitive theories of language and mind. The author of the article emphasizes a nontrivial transformation of the conceptual content of the chess metaphor, which indicates the evolution of computational tendencies in modern theories about language and mind. The article substantiates the thesis that the traditional chess metaphor used in the XX century in the philosophical investigation of language and mind, today it takes on a realization in the framework of computer models of the chess game. Machine deep learning can significantly expand the horizon of computability. Game interaction makes it possible to ascribe the elements of intentional content to machine functions. Nevertheless, all the argumentation in the work is aimed at proving that the rules governing language and mind are rules different from the rules of computer intelligence.

Draft Statute of the Multilateral Investment Court

The EU is aiming for a Multilateral Investment Court (MIC) to replace the existing investment arbitration system. Based on the current debates in UNCITRAL and other fora this Draft Statute of an MIC demonstrates that it is possible to have a new system of dispute settlement. For the first time, a complete draft agreement is presented for the design of such an MIC as a new international organization, implementing strict rule of law-requirements for dispute settlement. Besides rule of law-considerations, cornerstones are reduced costs, a permanent bench of judges with an appellate system, transparency, more consistency in case law as well as the effective enforceability of MIC decisions.

Main methods of Russian-Yakut translation of legal terms (based on the material of Russian-Yakut legal dictionary by B. N. Alekseev, V. N. Nikonov)

The subject of this article is the methods of terminographical translation of legal terminology of the Sakha language employed in the Russian-Yakut legal dictionary. The goal of this work consists in determination of peculiarities of legal terminological lexicon and ways of conveying it to Yakut language. Terminographical analysis of the dictionary demonstrated that there is no strict rule for selecting the framework legal terms and terminological phrases. For example, the legal status of some commonly used words is questionable; the so-called “non-terminological” parts of speech manifest as the head term, and the form of feminine gender is presented excessively, which the authors propose on the equal basis with the form of masculine gender. This article is first to conduct a detailed analysis of instances of application of Russian-Yakut translation techniques of legal terms, such as equivalent, alternative translation, calquing, transliteration, as well as descriptive, situational and other translation methods. The article is based on the inductive-deductive method and method of selective sampling for terminographical analysis of translations of translation of legal terms and terminological phrases. The results terminographical analysis of the Russian-Yakut translation of legal allow concluding on the need for comprising the more extensive Russian-Yakut dictionaries of legal and sociopolitical terms.

COMPARATIVE ANALYSIS OF PPP PROJECTS SECTORAL STRUCTURE IN DEVELOPED AND DEVELOPING COUNTRIES

This paper aims to compare the type of public-private partnership (PPP) projects and their sectoral structure in developed and developing countries. This will be done through a comparative analysis of eight countries that belong to the categories of developed and developing countries and besides that implement numerous PPP projects. The results of the analysis indicate that developed countries chosen for this analysis implement more projects and record a higher total value of projects. Their projects are more diversified and apart from economic infrastructure encompass social infrastructure, which does have a higher number of projects, and in some developed countries higher value than economic infrastructure sectors. There is some overlapping between the groups and the sectors as this is not a strict rule that could be applied to all the countries, as each economy is an individual and specific case. As adequate PPP structure leads to economic growth and prosperity of the national economy, it is recommended to adjust the institutional framework, laws and regulations for PPP, attract more private capital, develop basic economic infrastructure and with its help attempt to converge the PPP project structure of developing countries to that of developed countries. The final goal is to have well developed economic infrastructure and then invest more in social infrastructure projects that can affect the wellbeing of all residents in an economy

Basic statistical considerations for physiology: The journal Temperature toolbox

The average environmental and occupational physiologist may find statistics are difficult to interpret and use since their formal training in statistics is limited. Unfortunately, poor statistical practices can generate erroneous or at least misleading results and distorts the evidence in the scientific literature. These problems are exacerbated when statistics are used as thoughtless ritual that is performed after the data are collected. The situation is worsened when statistics are then treated as strict judgements about the data (i.e., significant versus non-significant) without a thought given to how these statistics were calculated or their practical meaning. We propose that researchers should consider statistics at every step of the research process whether that be the designing of experiments, collecting data, analysing the data or disseminating the results. When statistics are considered as an integral part of the research process, from start to finish, several problematic practices can be mitigated. Further, proper practices in disseminating the results of a study can greatly improve the quality of the literature. Within this review, we have included a number of reminders and statistical questions researchers should answer throughout the scientific process. Rather than treat statistics as a strict rule following procedure we hope that readers will use this review to stimulate a discussion around their current practices and attempt to improve them. The code to reproduce all analyses and figures within the manuscript can be found at https:// http://doi.org/10.17605/OSF.IO/BQGDH