Search results for: alternative dispute resolution

Authors: Dorota Galeza

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This paper argues that networks, such as the ECN and the American network, are affected by certain small events which are inherent to path dependence and preclude the full evolution towards efficiency. It is advocated that the American network is superior to the ECN in many respects due to its greater flexibility and longer history. This stems in particular from the creation of the American network, which was based on a small number of cases. Such a structure encourages further changes and modifications which are not necessarily radical. The ECN, by contrast, was established by legislative action, which explains its rigid structure and resistance to change. This paper is an attempt to transpose the superiority of the American network on to the ECN. It looks at concepts such as judicial cooperation, harmonisation of procedure, peer review and regulatory impact assessments (RIAs), and dispute resolution procedures.

Keywords: antitrust, competition, networks, path dependence

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Authors: Khen Cohen, Daniel Yankelevich, David Mendlovic, Dan Raviv

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We present a 3D stereo system for high-resolution sensing in both the spatial and the temporal domains by combining a frame-based camera and an event-based camera. We establish a method to merge both devices into one unite system and introduce a calibration process, followed by a correspondence technique and interpolation algorithm for 3D reconstruction. We further provide quantitative analysis about our system in terms of depth resolution and additional parameter analysis. We show experimentally how our system performs temporal super-resolution up to effectively 1ms and can detect fast-moving objects and human micro-movements that can be used for micro-expression analysis. We also demonstrate how our method can extract colored events for an event-based camera without any degradation in the spatial resolution, compared to a colored filter array.

Keywords: DVS-CIS stereo vision, micro-movements, temporal super-resolution, 3D reconstruction

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Authors: Po-Hui Yang, Jing-Min Chen, Po-Yu Kuo, Chia-Chun Wu

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This paper proposed a high resolution Vernier Delay Line (VDL) measurement circuit with coarse and fine detection mechanism, which improved the trade-off problem between high resolution and less delay cells in traditional VDL circuits. And the measuring time of proposed measurement circuit is also under the high resolution requests. At first, the testing range of input signal which proposed high resolution delay line is detected by coarse detection VDL. Moreover, the delayed input signal is transmitted to fine detection VDL for measuring value with better accuracy. This paper is implemented at 0.18μm process, operating frequency is 100 MHz, and the resolution achieved 2.0 ps with only 16-stage delay cells. The test range is 170ps wide, and 17% stages saved compare with traditional single delay line circuit.

Keywords: vernier delay line, D-type flip-flop, DFF, metastable phenomenon

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Authors: Aliouane Toufik, Hamdi Amine, Bouzid Djamel

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Aspheric optical components are an alternative to the use of conventional lenses in the implementation of imaging systems for the visible range. Spherical lenses are capable of producing aberrations. Therefore, they are not able to focus all the light into a single point. Instead, aspherical lenses correct aberrations and provide better resolution even with compact lenses incorporating a small number of lenses. Metrology of these components is very difficult especially when the resolution requirements increase and insufficient or complexity of conventional tools requires the development of specific approaches to characterization. This work is part of the problem existed because the objectives are the study and comparison of different methods used to measure surface rays hybrid aspherical lenses.

Keywords: manufacture of lenses, aspherical surface, precision molding, radius of curvature, roughness

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Authors: Pitigalage Chamath Chandira Peiris

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A widely researched domain in the field of image processing in recent times has been single image super-resolution, which tries to restore a high-resolution image from a single low-resolution image. Many more single image super-resolution efforts have been completed utilizing equally traditional and deep learning methodologies, as well as a variety of other methodologies. Deep learning-based super-resolution methods, in particular, have received significant interest. As of now, the most advanced image restoration approaches are based on convolutional neural networks; nevertheless, only a few efforts have been performed using Transformers, which have demonstrated excellent performance on high-level vision tasks. The effectiveness of CNN-based algorithms in image super-resolution has been impressive. However, these methods cannot completely capture the non-local features of the data. Enhancer is a simple yet powerful Transformer-based approach for enhancing the resolution of images. A method for single image super-resolution was developed in this study, which utilized an efficient and effective transformer design. This proposed architecture makes use of a locally enhanced window transformer block to alleviate the enormous computational load associated with non-overlapping window-based self-attention. Additionally, it incorporates depth-wise convolution in the feed-forward network to enhance its ability to capture local context. This study is assessed by comparing the results obtained for popular datasets to those obtained by other techniques in the domain.

Keywords: single image super resolution, computer vision, vision transformers, image restoration

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Authors: Sara Vora (Hoxha)

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The present article delves into the intricate matters concerning Intellectual Property Rights (IPR) and cross-border jurisdiction within the confines of the European Union (EU). The prevalence of cross-border intellectual property rights (IPR) disputes has increased in tandem with the globalization of commerce and the widespread adoption of technology. The European Union (EU) is not immune to this trend. The manuscript presents a comprehensive analysis of various forms of intellectual property rights (IPR), such as patents, trademarks, and copyrights, and the regulatory framework established by the European Union (EU) to oversee these rights. The present article examines the diverse approaches employed for ascertaining the appropriate jurisdiction within the European Union (EU), and their potential application in the sphere of cross-border intellectual property rights (IPR) conflicts. The article sheds light on jurisdictional issues and outcomes of significant cross-border intellectual property rights (IPR) disputes in the European Union (EU). Additionally, the document provides suggestions for effectively managing intellectual property rights conflicts across borders within the European Union, which encompasses the utilization of alternative methods for resolving disputes. The article highlights the significance of comprehending the relevant jurisdiction in the European Union for Intellectual Property Rights (IPR). It also offers optimal approaches for enterprises and individuals who aim to safeguard their intellectual property beyond national boundaries. The primary objective of this article is to furnish a thorough comprehension of Intellectual Property Rights (IPR) and the relevant jurisdiction in the European Union (EU). Additionally, it endeavors to provide pragmatic recommendations for managing cross-border IPR conflicts in this intricate and ever-changing legal milieu.

Keywords: intellectual property rights (IPR), cross-border jurisdiction, applicable laws and regulations, dispute resolution, best practices

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Authors: Jibon Sharma, Alakjyoti Patowary, Moirangthem Nara Singh

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In experimental research it is very much essential to obtain the quality control of the system used for the experiment. NaI (Tl) scintillation detector is the most commonly used in radiation and medical physics for measurement of the gamma ray activity of various samples. In addition, the scintillation detector has a lot of applications in the elemental analysis of various compounds, alloys using activation analysis. In each application for quantitative analysis, it is very much essential to know the detection efficiency and resolution for different gamma energies. In this work, the energy dependence of efficiency and resolution of NaI (Tl) detector using gamma-ray spectroscopy are investigated. Different photon energies of 356.01 keV,511keV,661.60keV,1170 keV,1274.53 keV and 1330 keV are obtained from four radioactive sources (133Ba,22Na,137Cs and 60 Co) used in these studies. Values of full energy peak efficiencies of these gamma energies are found to be respectively 58.46%,10.15%,14.39%,1.4%,3.27% and 1.31%. The values of percent resolution for above different gamma ray energies are found to be 11.27%,7.27%,6.38%,5.17%,4.86% and 4.74% respectively. It was found that the efficiency of the detector exponentially decreases with energy and the resolution of the detector is directly proportional to the energy of gamma-ray.

Keywords: naI (Tl) gamma-ray spectrometer, resolution, full energy peak efficiency, radioactive sources

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Authors: Daisyree S. Arrieta

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The purpose of this study was to assess the mediation process applied on community-based disputes in the selected barangays of Batangas City, namely: Barangay Sta. Rita Karsada, Barangay Bolbok, and Barangay Alangilan. The researcher initially speculated that the required procedures under Republic Act No. 7160 were not religiously followed and satisfied by the Lupong Tagapamayapa members in most of the barangays in the subject locality and this prompted the researcher to conduct an investigation about this research topic. In this study, the subject barangays and their Lupon members still resorted to mediation processes to amicably settle conflicts among community members. It can also be appreciated among the Lupon Tagapamayapa members that they are aware of the purpose and processes required in the mediation of cases brought before them. However, the manner in which they conduct this mediation processes seems to be dependent on the general characteristics of their respective barangays and of the people situated therein. It also very noticeable that the strategies applied by the Lupon members on these cases depend on the ways and means the parties in dispute may arrive into agreements and conciliations. It is concluded by the researcher that the Lupong Tagapamayapa members in Barangay Sta. Rita Karsada, Barangay Bolbok, and Barangay Alangilan are aware and are applying the objectives and procedures of mediation. Also, the success and failure of the mediation processes applied by the Lupong Tagapamayapa members of the subject barangays on community-based disputes brought before them are generally attributed on the attitude and perspective of the parties in dispute towards the entire process of mediation and not on the capacity or capability of the Lupon members to subject them into amicable settlements. In view of the above, the researcher humbly recommends the following: (1) that the composition of the Lupong Tagapamayapa should include individuals from various sectors of the barangay; (2) that the Lupong Tagapamayapa members should undergo various trainings that may enhance their capability to mediate any type of community-based disputes at the expense of the barangay fund or budget; (3) that the Punong Barangay and the Sangguniang Pambarangay, in their own discretion, should allocate budget that will consistently provide regular honoraria for the Lupong Tagapamayapa members; (4) that the Punong Barangay and the Sangguniang Pambarangay should provide an ideal venue for the hearing of community-based disputes; (5) that the City/ Municipal Governments should allocate necessary financial assistance to the barangays under their jurisdiction in honing eligible Lupong Tagapamayapa members; and (6) that the Punong Barangay and other officials should initiate series of information campaigns for their constituents to be informed on the objectives, advantages, and procedures of mediation.

Keywords: amicable settlement, community-based disputes, dispute resolution, mediation

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Authors: Beata Anna Bronowicka

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Purpose The purpose of this paper is to improve effectiveness of mediation in family matters regarding child protection in Australia and Poland. Design/methodology/approach the methodological approach is phenomenology. Two phenomenological methods of data collection were used in this research 1/ a doctrinal research 2/an interview. The doctrinal research forms the basis for obtaining information on mediation, the date of introduction of this alternative dispute resolution method to the Australian and Polish legal systems. No less important were the analysis of the legislation and legal doctrine in the field of mediation in family matters, especially child protection. In the second method, the data was collected by semi-structured interview. The collected data was translated from Polish to English and analysed using software program. Findings- The rights of children in the context of mediation in Australia and Poland differ from the recommendations of the UN Committee on the Rights of the Child, which require that children be included in all matters that concern them. It is the room for improvement in the mediation process by increasing child rights in mediation between parents in matters related to children. Children should have the right to express their opinion similarly to the case in the court process. The challenge with mediation is also better understanding the role of professionals in mediation as lawyers, mediators. Originality/value-The research is anticipated to be of particular benefit to parents, society as whole, and professionals working in mediation. These results may also be helpful during further legislative initiatives in this area.

Keywords: mediation, family law, children's rights, australian and polish family law

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Authors: Qiang Ren

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A growing number of states are improving domestic law to better protect and promote foreign investment by changing/upgrading the existing law. However, inconsistency occurs because the new law is different from the ‘old’ law. For example, China has issued an unprecedented Foreign Investment Law and several regulations allowing comprehensive market access for foreign investment in most energy sectors since 2020. However, some laws, rules, regulations, etc. enacted previously remain valid, and the provisions regulating foreign investment do not grant full market access to foreign investment as such. The inconsistency above makes it necessary to investigatehow the international investment treaty law and dispute settlement practice respond to the ‘inconsistency and conflict’ in municipal law andwhat remedy foreign investors can seek under international law if the investment is denied due to inconsistency. Ultimately, it aims to examine how international tribunals should balance the gradually developing legal system of host states and the protection of foreign investors and investments if the host states cannot provide consistency during such a transition period of law development. The research seeks to answer these questions by making a comparative analysis of domestic law on market access to foreign investment, international investment treaties, and dispute arbitral practice. The objective is to examine how international investment treaty law and international investment dispute settlement practice evaluate the conflicts in the municipal law of host states in the admission of foreign investment. It also explores the possibility of harmonisation among them.

Keywords: municipal law, protect and promote foreign investment, international law, host states

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Authors: Zainuddin Zakaria, Sun Woh Lye

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Despite the continuous advancements in automated conflict resolution tools, there is still a low rate of adoption of automation from Air Traffic Control Officers (ATCOs). Trust or acceptance in these tools and conformance to the individual ATCO preferences in strategy execution for conflict resolution are two key factors that impact their use. This paper proposes a methodology to unearth and classify ATCO conflict resolution strategies from simulator data of trained and qualified ATCOs. The methodology involves the extraction of ATCO executive control actions and the establishment of a system of strategy resolution classification based on ATCO radar commands and prevailing flight parameters in deconflicting a pair of aircraft. Six main strategies used to handle various categories of conflict were identified and discussed. It was found that ATCOs were about twice more likely to choose only vertical maneuvers in conflict resolution compared to horizontal maneuvers or a combination of both vertical and horizontal maneuvers.

Keywords: air traffic control strategies, conflict resolution, simulator data, strategy classification system

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Authors: Sandra Hartl, Meena Chavan

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This paper presents the outcome of a four year Ph.D. research on cross-cultural conflict management in transnational business relationships. An important and complex problem about managing conflicts that arise across cultures in business relationships is investigated, and conflict resolution strategies are identified. This paper particularly focuses on transnational relationships within a Chinese, German and Middle Eastern framework. Unlike many papers on this issue which have been built on experiments with international MBA students, this research provides real-life cases of cross-cultural conflicts which are not easy to capture. Its uniqueness is underpinned as the real case data was gathered by interviewing top executives at management positions in large multinational corporations through a qualitative case study method approach. This paper makes a valuable contribution to the theory of cross-cultural conflicts, and despite the sensitivity, this research primarily presents real-time business data about breaches of contracts between two counterparties engaged in transnational operating organizations. The overarching aim of this research is to identify the degree of significance for the cultural factors and the communication factors embedded in cross-cultural business conflicts. It questions from a cultural perspective what factors lead to the conflicts in each of the cases, what the causes are and the role of culture in identifying effective strategies for resolving international disputes in an increasingly globalized business world. The results of 20 face to face interviews are outlined, which were conducted, recorded, transcribed and then analyzed using the NVIVO qualitative data analysis system. The outcomes make evident that the factors leading to conflicts are broadly organized under seven themes, which are communication, cultural difference, environmental issues, work structures, knowledge and skills, cultural anxiety and personal characteristics. When evaluating the causes of the conflict it is to notice that these are rather multidimensional. Irrespective of the conflict types (relationship or task-based conflict or due to individual personal differences), relationships are almost always an element of all conflicts. Cultural differences, which are a critical factor for conflicts, result from different cultures placing different levels of importance on relationships. Communication issues which are another cause of conflict also reflect different relationships styles favored by different cultures. In identifying effective strategies for solving cross-cultural business conflicts this research identifies that solutions need to consider the national cultures (country specific characteristics), organizational cultures and individual culture, of the persons engaged in the conflict and how these are interlinked to each other. Outcomes identify practical dispute resolution strategies to resolve cross-cultural business conflicts in reference to communication, empathy and training to improve cultural understanding and cultural competence, through the use of mediation. To conclude, the findings of this research will not only add value to academic knowledge of cross-cultural conflict management across transnational businesses but will also add value to numerous cross-border business relationships worldwide. Above all it identifies the influence of cultures and communication and cross-cultural competence in reducing cross-cultural business conflicts in transnational business.

Keywords: business conflict, conflict management, cross-cultural communication, dispute resolution

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Authors: Mohamed Faslan

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This research examines the impact of the politicization of the fishing dispute on India-Sri Lanka relations, particularly the influence of internal and party politics. The maritime border is clearly demarcated between India and Sri Lanka. India and Sri Lanka signed bilateral agreements on maritime boundaries in 1974 and 1976 respectively. They signed the United Nations Law of the Sea- III as well. Despite this, fishing disputes persist between the two nations. Tamil Nadu politics is closely linked with Sri Lankan Tamil issues and Tamil Nadu has been playing a significant role in Indo-Lanka relations. This is due to the fact that many Indian trawlers involved in fishing activities in Sri Lankan waters are from Tamil Nadu. The Government of Tamil Nadu is also very concerned about the issue of fishing in Sri Lankan waters. During the ethnic war, Sri Lankan fishermen were restricted on fishing activities in the Northern sea by the Sri Lankan Government and Liberation Tigers of Tamil Elam (LTTE). This created a vacuum in the Northern sea of Sri Lanka, and Indian trawlers filled the vacuum with the support of the LTTE. After the end of the war, Northern fishermen of Sri Lanka recommenced their fishing activities and realized that the Tamil Nadu trawlers had scooped their fishing resources. The Northern fishermen started to protest the invasion of Indian trawlers and pushed the Sri Lankan Government to stop the Indian trawlers. When Sri Lanka arrested Indian fishermen and confiscated their fishing boats, the Tamil Nadu Government used this as an opportunity to accuse Sri Lanka as having a Sinhalese government, to express feelings of hatred towards Sri Lanka due to the ethnic war against Tamils and tried to increase the voting bank by selling Tamil feelings. Thus, this research finds that Tamil Nadu does not associate this fishing dispute with Tamils in Sri Lanka but with the Sinhalese despite the status quo. This research has covered the Northern fishermen and stakeholders of Sri Lanka and could not do any field research in India due to visa restrictions. However, the researcher tries to balance the gap by referring to secondary sources and a few interviews with Indian scholars.

Keywords: Indo Lanka relations, fishing dispute, maritime border, Tamil Nadu & Sri Lankan waters

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Authors: Anatoly D. Pluzhnikov, Elena N. Pribludova, Alexander G. Ryndyk

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In conjunction with the problem of the target selection on a clutter background, the analysis of the scanning rate influence on the spatial-temporal signal structure, the generalized multivariate correlation function and the quality of the resolution with the increase pulse repetition frequency is made. The possibility of the object space-distance resolution, which is conditioned by the range-to-angle conversion with an increased scanning rate, is substantiated. The calculations for the real cylindrical array at high scanning rate are presented. The high scanning rate let to get the signal to noise improvement of the order of 10 dB for the space-time signal processing.

Keywords: antenna pattern, array, signal processing, spatial resolution

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Authors: Neisha Shepherd

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In Australia, an independent children's lawyer is appointed to represent a child in parenting disputes in the Federal Circuit and Family Court of Australia, where there are complex issues such as child protection, family violence, high conflict, relocation, and parental alienation. The appointment of an Independent Children's Lawyer is to give effect in the family law proceedings of the United Nations Convention on the Rights of the Child, in particular Article 3.1, 12.1, and 12.2. There is a strong focus on alternative dispute resolution in the Australian Family Law jurisdiction in matters that are before the Court that has formed part of the case management pathways. An Independent Children's Lawyer's role is even more crucial in assisting families in resolving the most complex parenting disputes through mediation as they are required to act impartial and be independent of the Court and the parties. A child has the right to establish a professional relationship with the Independent Children's Lawyer. This relationship is usually established over a period of time, and the child is afforded the opportunity to talk about their views and wishes and participate in decisions that affect them. In considering the views and wishes of the child, the Independent Children's lawyer takes into account the different emotional, cognitive, and intellectual developmental levels, family structures, family dynamics, sibling relationships, religious and cultural backgrounds; and that children are vulnerable to external pressures when caught in disputes involving their parents. With the increase of child-inclusive mediations being used to resolve family disputes in the best interests of a child, an Independent Children's Lawyer can have a critical role in this process with the specialised skills that they have working with children in the family law jurisdiction. This paper will discuss how inclusive child mediation with the assistance of an Independent Children's Lawyer can assist in the resolution of some of the most complex parenting disputes by examining through case studies: the effectiveness and challenges of such an approach; strategies to work with child clients, adolescents, and sibling groups; ways to provide feedback regarding a child's views and wishes and express a child's understanding, actual experiences and perspective to parties in a mediation and whether it is appropriate to do so; strategies and examples to assist in developing parenting plans or orders that are in the best interest of a child that is workable and achievable; how to deal with cases that involve serious child protection and family violence and strategies to ensure that child safety is paramount; the importance of feedback to the child client. Finally this paper will explore some of the challenges for Independent Children's Lawyers in relation to child-inclusive mediations where matters do not resolve.

Keywords: child inclusive mediation, independent children's lawyer, family violence, child protection

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Authors: Kindeye Fenta Mekonnen, Alagaw Ababu Kifle

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The failure of international responses to armed conflict to address local preconditions for national stability has recently attracted what has been called the ‘local turn’ in peace building. This ‘local turn’ in peace building amplified a renewed interest in traditional/indigenous methods of conflict resolution, a field that has been hitherto dominated by anthropologists with their focus on the procedures and rituals of such approaches. This notwithstanding, there is still limited empirical work on the relevance of traditional methods of conflict resolution to end localized conflicts vis-à-vis hybrid and modern approaches. The few exceptions to this generally draw their conclusion from very few (almost all successful) cases that make it difficult to judge the validity and cross-case application of their results. This paper seeks to fill these gaps by undertaking a quantitative analysis of the trend and applications of different communal conflict resolution initiatives, their potential to usher in long-term peace, and the extent to which their outcomes are influenced by the intensity and scope of a conflict. The paper makes the following three tentative conclusions. First, traditional mechanisms and traditional actors still dominate the communal conflict resolution landscape, either individually or in combination with other methods. Second, traditional mechanisms of conflict resolution tend to be more successful in ending a conflict and preventing its re-occurrence compared to hybrid and modern arrangements. This notwithstanding and probably due to the scholarly call for local turn in peace building, contemporary communal conflict resolution approaches are becoming less and less reliant on traditional mechanisms alone and (therefore) less effective. Third, there is yet inconclusive evidence on whether hybridization is an asset or a liability in the resolution of communal conflicts and the extent to which this might be mediated by the intensity of a conflict.

Keywords: traditional conflict resolution, hybrid conflict resolution, communal conflict, relevance, conflict intensity

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Authors: Demelash Kassaye

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The Ethiopia case study reveals a unique model of community policing that has developed from a particular political context in which there is a history of violent political transition, a political structure characterized by ethnic federalism and a political ideology that straddles liberal capitalism and democracy on the one hand, and state-led development and centralized control on the other. The police see community policing as a way to reduce crime. Communities speak about community policing as an opportunity to take on policing responsibilities themselves. Both of these objectives are brought together in an overarching rhetoric of community policing as a way of ‘mobilizing for development’ – whereby the community cooperate with the police to reduce crime, which otherwise inhibits development progress. Community policing in Amhara has primarily involved the placement of Community Police Officers at the kebele level across the State. In addition, a number of structures have also been established in the community, including Advisory Councils, Conflict Resolving Committees, family police and the use of shoe shiner’s and other trade associations as police informants. In addition to these newly created structures, community policing also draws upon pre-existing customary actors, such as militia and elders. Conflict Resolving Committees, Community Police Officers and elders were reported as the most common first ports of call when community members experience a crime. The analysis highlights that the model of community policing in Amhara increased communities’ access to policing services, although this is not always attended by increased access to justice. Community members also indicate that public perceptions of the police have improved since the introduction of community policing, in part due to individual Community Police Officers who have, with limited resources, innovated some impressive strategies to improve safety in their neighborhoods. However, more broadly, community policing has provided the state with more effective surveillance of the population – a potentially oppressive function in the current political context. Ultimately, community policing in Amhara is anything but straightforward. It has been a process of attempting to demonstrate the benefits of newfound (and controversial) ‘democracy’ following years of dictatorship, drawing on generations of customary dispute resolution, providing both improved access to security for communities and an enhanced surveillance capacity for the state. For external actors looking to engage in community policing, this case study reveals the importance of close analysis in assessing potential merits, risks and entry points of programming. Factors found to be central in shaping the nature of community policing in the Amhara case include the structure of the political system, state-society relations, cultures dispute resolution and political ideology.

Keywords: community policing, community, militias, ethiopia

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Authors: Sevgi Karaca

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Since December 6, 2018, mediation has become mandatory for commercial disputes under the Turkish Commercial Code. Mandatory mediation became one of the “causes of action”, and being compulsory means starting the mediation process before going to court. As it contemplates looking at “the causes of the action”, the terminology may lead to misinterpretation of the core of the phrases. However, the terms pertain to a prerequisite for starting the lawsuit. The court will examine failure to comply with such requirements, and the case will be dismissed without further action. Türkiye’s use of obligatory mediation is highly unusual. It is neither judge-led nor judge-assisted mediation but rather a mediation conducted outside of court with the participation of a third party (mediators). What distinguishes it is the incorporation of obligatory mediation into the causes of actions listed in the Code of Civil Procedure. Being one of the causes of action in a legal case implies that the absence of any of them may result in the procedural dismissal of the case without any further action. The case must be presented to the mediator first, and if the parties are unable to reach an agreement, they must deliver the results of the mediation session. Other than submitting the minutes, parties are ineligible to file a lawsuit. However, despite a lengthy history of use in England and Wales, there are considerable reservations about making mediation mandatory. The Civil Procedure Code does not explicitly mention making mediation mandatory. For the time being, there is no Mediation Code, and case law limits the growth of obligatory mediation. Some renowned judges voiced their desire to re-evaluate the notion of required mediation, prompting the Civil Justice Council to release a study in 2021 on the significance of amending case law and the high value of mandatory mediation. By contrasting the approaches to mandatory mediation in England and Wales, the study will investigate the method of controlled mandatory mediation and its effects on the success of mediation in Türkiye.

Keywords: alternative dispute resolution, case law, cause of action, litigation process, mandatory mediation

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Authors: Krzysztof Malczewski

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PET is widely applied scanning procedure in medical imaging based research. It delivers measurements of functioning in distinct areas of the human brain while the patient is comfortable, conscious and alert. This article presents the new compression sensing based super-resolution algorithm for improving the image resolution in clinical Positron Emission Tomography (PET) scanners. The issue of motion artifacts is well known in Positron Emission Tomography (PET) studies as its side effect. The PET images are being acquired over a limited period of time. As the patients cannot hold breath during the PET data gathering, spatial blurring and motion artefacts are the usual result. These may lead to wrong diagnosis. It is shown that the presented approach improves PET spatial resolution in cases when Compressed Sensing (CS) sequences are used. Compressed Sensing (CS) aims at signal and images reconstructing from significantly fewer measurements than were traditionally thought necessary. The application of CS to PET has the potential for significant scan time reductions, with visible benefits for patients and health care economics. In this study the goal is to combine super-resolution image enhancement algorithm with CS framework to achieve high resolution PET output. Both methods emphasize on maximizing image sparsity on known sparse transform domain and minimizing fidelity.

Keywords: PET, super-resolution, image reconstruction, pattern recognition

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Authors: Amrisha Pandey

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Indian constitution has distributed the powers to govern and legislate between the centre and the state governments based on the list of subject-matter provided in the seventh schedule. By that schedule, the states are authorized to regulate the water resource within their territory. However, the centre/union government is authorized to regulate the inter-state water disputes. The powers entrusted to the union government mainly deals with the sharing of river water which flows through the territory of two or more states. For that purpose, a provision enumerated in Article 262 of the Constitution of India which empowers the parliament to resolve any such inter-state river water dispute. Therefore, the parliament has enacted the - ‘Inter-State River Water Dispute Tribunal, Act’, which allows the central/union government to constitute the tribunal for the adjudication of the disputes and expressly bars the jurisdiction of the judiciary in the concerned matter. This arrangement was intended to resolve the dispute using political or diplomatic means, without deliberately interfering with the sovereign power of the states to govern the water resource. The situation in present context is complicated and sensitive. Due to the change in climatic conditions; increasing demand for the limited resource; and the advanced understanding of the freshwater cycle, which is missing from the existing legal regime. The obsolete legal and political tools, the existing legislative mechanism and the institutional units do not seem to accommodate the rising challenge to regulate the resource. Therefore, resulting in the rise of the politicization of the inter-state water disputes. Against this background, this paper will investigate the inter-state river water dispute in India and will critically analyze the ability of the existing constitutional, and institutional units involved in the task. Moreover, the competence of the tribunal as the adjudicating body in present context will be analyzed using the long ongoing inter-state water dispute in India – The Cauvery Water Dispute, as the case study. To conduct the task undertaken in this paper the doctrinal methodology of the research is adopted. The disputes will also be investigated through the lens of sovereignty, which is accorded to the states using the theory of ‘separation of power’ and the ‘grant of internal sovereignty’, to its federal units of governance. The issue of sovereignty in this paper is discussed in two ways: 1) as the responsibility of the state - to govern the resource; and 2) as the obligation of the state - to govern the resource, arising from the sovereign power of the state. Furthermore, the duality of the sovereign power coexists in this analysis; the overall sovereign authority of the nation-state, and the internal sovereignty of the states as its federal units of governance. As a result, this investigation will propose institutional, legislative and judicial reforms. Additionally, it will suggest certain amendments to the existing constitutional provisions in order to avoid the contradictions in their scope and meaning in the light of the advanced hydrological understanding.

Keywords: constitution of India, federalism, inter-state river water dispute tribunal of India, sovereignty

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Authors: Zeyu Zhou, Xiaojun Bi

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Due to the limited environmental parameters and the limited resolution of the sensor, the universal existence of the mixed pixels in the process of remote sensing images restricts the spatial resolution of the remote sensing images. Sub-pixel mapping technology can effectively improve the spatial resolution. As the bilinear interpolation algorithm inevitably produces the edge blur effect, which leads to the inaccurate sub-pixel mapping results. In order to avoid the edge blur effect that affects the sub-pixel mapping results in the interpolation process, this paper presents a new edge-directed interpolation algorithm which uses the covariance adaptive interpolation algorithm on the edge of the low-resolution image and uses bilinear interpolation algorithm in the low-resolution image smooth area. By using the edge-directed interpolation algorithm, the super-resolution of the image with low resolution is obtained, and we get the percentage of each sub-pixel under a certain type of high-resolution image. Then we rely on the probability value as a soft attribute estimate and carry out sub-pixel scale under the ‘hard classification’. Finally, we get the result of sub-pixel mapping. Through the experiment, we compare the algorithm and the bilinear algorithm given in this paper to the results of the sub-pixel mapping method. It is found that the sub-pixel mapping method based on the edge-directed interpolation algorithm has better edge effect and higher mapping accuracy. The results of the paper meet our original intention of the question. At the same time, the method does not require iterative computation and training of samples, making it easier to implement.

Keywords: remote sensing images, sub-pixel mapping, bilinear interpolation, edge-directed interpolation

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Authors: Patrick Nüß

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I estimate management opposition against unions in terms of hiring discrimination by a large scale field experiment in the German labor market. The results show that callback rates for union members decrease significantly in the presence of high sectoral union density and large firm size. I further explore how this effect varies with regional and sectoral labor dispute intensity and find that management opposition is stronger when a sector is exposed to an intense labor dispute. There is evidence that the observed management opposition can be explained by sectoral union threat effects. Sectors with lower hiring discrimination have lower coverage of collective agreements, and in the absence of a collective agreement, they are less likely to follow the collective agreement wage setting.

Keywords: trade unions, Industrial relations, management opposition, union threat, labor disputes, field experiments

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Authors: Franco Ceasar Agbalog, Shintaro Yukawa

Abstract:

Mindfulness is increasingly being used as a method for resolving conflict. However, less is known about how its positive outcome develops. To better understand the underlying effects of mindfulness on conflict resolution strategies, this study examines the potential mediating factors between them. The researchers hypothesized that Emotional Intelligence (EI) mediates the effects of mindfulness on conflict resolution strategies due to its similar components to the benefits of mindfulness, such as awareness and control of one’s emotions, awareness and understanding of other’s emotions, and cultivation of compassion and empathy. Using a random sampling, 157 participants completed three questionnaires: Five Facet Mindfulness Questionnaire (FFMQ), Trait Emotional Intelligence Questionnaire-Short Form (TEIQue-SF), and Rahim Organizational Conflict Inventory-II (ROCI-II). Utilizing the SPSS Process, results showed a significant relationship between mindfulness and EI. However, among the five approaches to conflict resolution, only the integrating style was significantly related to EI. Following the principle of Mediation Analysis, mindfulness has an indirect effect on integrating style. Moreover, mindfulness and conflict resolution strategies were not significantly related. This is a rather surprising result because research literature has always indicated a positive relationship between the two variables. These findings imply that although integrating style is generally considered the best approach in handling conflict, each style may be appropriate depending on the situation. Mindfulness allows practitioners to have a holistic view of the conflict situation and choose the approach they think best for that specific situation. This could explain why statistically, there is no direct effect of mindfulness on conflict resolution strategies. This work provides basis for the necessity to investigate the factors of conflict instead of the conflict resolution strategies; factors that can be manipulated and may be directly influenced by mindfulness.

Keywords: conflict resolution strategies, emotional intelligence, mindfulness and conflict, ROCI-II integrating style

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Authors: Zhengming Wu

Abstract:

NanoFrazor lithography systems were developed as a first true alternative or extension to standard mask-less nanolithography methods like electron beam lithography (EBL). In contrast to EBL they are based on thermal scanning probe lithography (t-SPL). Here a heatable ultra-sharp probe tip with an apex of a few nm is used for patterning and simultaneously inspecting complex nanostructures. The heat impact from the probe on a thermal responsive resist generates those high-resolution nanostructures. The patterning depth of each individual pixel can be controlled with better than 1 nm precision using an integrated in-situ metrology method. Furthermore, the inherent imaging capability of the Nanofrazor technology allows for markerless overlay, which has been achieved with sub-5 nm accuracy as well as it supports stitching layout sections together with < 10 nm error. Pattern transfer from such resist features below 10 nm resolution were demonstrated. The technology has proven its value as an enabler of new kinds of ultra-high resolution nanodevices as well as for improving the performance of existing device concepts. The application range for this new nanolithography technique is very broad spanning from ultra-high resolution 2D and 3D patterning to chemical and physical modification of matter at the nanoscale. Nanometer-precise markerless overlay and non-invasiveness to sensitive materials are among the key strengths of the technology. However, while patterning at below 10 nm resolution is achieved, significantly increasing the patterning speed at the expense of resolution is not feasible by using the heated tip alone. Towards this end, an integrated laser write head for direct laser sublimation (DLS) of the thermal resist has been introduced for significantly faster patterning of micrometer to millimeter-scale features. Remarkably, the areas patterned by the tip and the laser are seamlessly stitched together and both processes work on the very same resist material enabling a true mix-and-match process with no developing or any other processing steps in between. The presentation will include examples for (i) high-quality metal contacting of 2D materials, (ii) tuning photonic molecules, (iii) generating nanofluidic devices and (iv) generating spintronic circuits. Some of these applications have been enabled only due to the various unique capabilities of NanoFrazor lithography like the absence of damage from a charged particle beam.

Keywords: nanofabrication, grayscale lithography, 2D materials device, nano-optics, photonics, spintronic circuits

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Authors: Isaac Cassar, Trevor Davis, Yi-Kai Lo, Wentai Liu

Abstract:

Retinal prostheses have been successful in eliciting visual responses in implanted subjects. As these prostheses progress, one of their major limitations is the need for increased resolution. As an alternative to increasing the number of electrodes, virtual electrodes may be used to increase the effective resolution of current electrode arrays. This paper presents a virtual electrode technique based upon time-offsets between stimuli. Two adjacent electrodes are stimulated with identical pulses with too short of pulse widths to activate a neuron, but one has a time offset of one pulse width. A virtual electrode of twice the pulse width was then shown to appear in the center, with a total width capable of activating a neuron. This can be used in retinal implants by stimulating electrodes with pulse widths short enough to not elicit responses in neurons, but with their combined pulse width adequate to activate a neuron in between them.

Keywords: electrical stimulation, neuroprosthesis, retinal implant, retinal prosthesis, virtual electrode

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Authors: M. Wangai

Abstract:

Following the promulgation of a new Constitution of Kenya in 2010, wide-ranging proposals for reform of the criminal justice system have been made. Proposed measures include a clear and separate system of dealing with juvenile offenders with a greater focus on rehabilitation and reintegration. As part of a broader constitutional transition, this article considers the contribution of restorative justice to reforming the youth justice system. The paper analyses Kenya’s juvenile justice legal framework measured against current international trends in youth justice. It identifies the first post-independence juvenile justice system as a remnant of the colonial period and notes that the post-2001 system is a marked improvement. More recent legal and institutional efforts to incorporate restorative justice are also examined. The paper advocates further development of the juvenile justice system by mainstreaming of restorative justice principles through national level legislative amendments. International and comparative perspectives are used to inform a diversion centered model of restorative justice. In addition, a case is made for the use of existing forms of alternative dispute resolution. Conscious of a tense political climate, the paper also proposes strategies to address challenges posed by a punitive penal environment, chiefly the linking of restorative justice to wider democratic goals and community spirit. The article concludes that restorative justice led juvenile justice reform will contribute to better treatment of young offenders under the criminal justice system and has the potential to set a new precedent for fair, sustainable and effective justice. Further, as part of far-reaching criminal justice reform, the proposed efforts may strengthen democratic progress in Kenya’s ensuing phase of political transition.

Keywords: constitutional transition, criminal justice, restorative justice, young offenders

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Authors: Osama A. Omer, Amal Hamed

Abstract:

Successful blind image Super-Resolution algorithms require the exact estimation of the Point Spread Function (PSF). In the absence of any prior information about the imagery system and the true image; this estimation is normally done by trial and error experimentation until an acceptable restored image quality is obtained. Multi-frame blind Super-Resolution algorithms often have disadvantages of slow convergence and sensitiveness to complex noises. This paper presents a Super-Resolution image reconstruction algorithm based on estimation of the PSF that yields the optimum restored image quality. The estimation of PSF is performed by the knife-edge method and it is implemented by measuring spreading of the edges in the reproduced HR image itself during the reconstruction process. The proposed image reconstruction approach is using L1 norm minimization and robust regularization based on a bilateral prior to deal with different data and noise models. A series of experiment results show that the proposed method can outperform other previous work robustly and efficiently.

Keywords: blind, PSF, super-resolution, knife-edge, blurring, bilateral, L1 norm

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Authors: Kohtaroh Miyamoto

Abstract:

As enterprise computing becomes more and more complex, the costs and technical challenges of IT system maintenance and support are increasing rapidly. One popular approach to managing IT system maintenance is to prepare and use an FAQ (Frequently Asked Questions) system to manage and reuse systems knowledge. Such an FAQ system can help reduce the resolution time for each service incident ticket. However, there is a major problem where over time the knowledge in such FAQs tends to become outdated. Much of the knowledge captured in the FAQ requires periodic updates in response to new insights or new trends in the problems addressed in order to maintain its usefulness for problem resolution. These updates require a systematic approach to define the exact portion of the FAQ and its content. Therefore, we are working on a novel method to hierarchically structure the FAQ and automate the updates of its structure and content. We use structured information and the unstructured text information with the timelines of the information in the service incident tickets. We cluster the tickets by structured category information, by keywords, and by keyword modifiers for the unstructured text information. We also calculate an urgency score based on trends, resolution times, and priorities. We carefully studied the tickets of one of our projects over a 2.5-year time period. After the first 6 months, we started to create FAQs and confirmed they improved the resolution times. We continued observing over the next 2 years to assess the ongoing effectiveness of our method for the automatic FAQ updates. We improved the ratio of tickets covered by the FAQ from 32.3% to 68.9% during this time. Also, the average time reduction of ticket resolution was between 31.6% and 43.9%. Subjective analysis showed more than 75% reported that the FAQ system was useful in reducing ticket resolution times.

Keywords: FAQ system, resolution time, service incident tickets, IT system maintenance

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Authors: Li Xiaoge, Wang Chaodong

Abstract:

We introduce the first Chinese Coreference Resolution Model based on BERT (CCRM-BERT) and show that it significantly outperforms all previous work. The key idea is to consider the features of the mention, such as part of speech, width of spans, distance between spans, etc. And the influence of each features on the model is analyzed. The model computes mention embeddings that combine BERT with features. Compared to the existing state-of-the-art span-ranking approach, our model significantly improves accuracy on the Chinese OntoNotes benchmark.

Keywords: BERT, coreference resolution, deep learning, nature language processing

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Authors: Yaner Yan, Ning Li, Yajun Qiao, Shuqing An

Abstract:

Although most studies have focused on assessing and mapping terrestrial ecosystem services, there is still a knowledge gap on coastal ecosystem services and an urgent need to assess them. Lau (2013) clearly defined five types of costal ecosystem services: carbon sequestration, shoreline protection, fish nursery, biodiversity, and water quality. While high-resolution remote sensing can provide the more direct, spatially estimates of biophysical parameters, such as species distribution relating to biodiversity service, and Fluorescence information derived from remote sensing direct relate to photosynthesis, availing in estimation of carbon sequestration and the response to environmental changes in coastal wetland. Here, we review the capabilities of high-resolution and fluorescence remote sesing for describing biodiversity, vegetation condition, ecological processes and highlight how these prodicts may contribute to costal ecosystem service assessment. In so doing, we anticipate rapid progress to combine the high-resolution and fluorescence remote sesing to estimate the spatial pattern of costal ecosystem services.

Keywords: ecosystem services, high resolution, remote sensing, chlorophyll fluorescence

Procedia PDF Downloads 474