1,720,986 research outputs found
La giurisdizione nel trasporto aereo. Antiche e nuove questioni
No full textThe author focuses on the different criteria to establish jurisdiction provided by article 33 of the 1999 Montreal Convention in light of the most recent court decisions that followed the influence of the European Union on the Convention. This rule was authoritatively interpreted by the EU Court of Justice in a strictly procedural way which makes it not only a rule on jurisdiction, but also as a provision on internal venue. The aim of achieving a balance of interests at stake particularly attentive to the position of the air transport user is favorably shared in general terms. However, the proposed solution appears criticizable and not in line with the original spirit of the Convention. There are significant reasons, both literal and systematic, that lead to strengthen the exclusive jurisdictional option of article 33, already supported in the past and adopted by the decisions of the Italian Corte di Cassazione. Moreover, this last solution appears more coherent with the relationship of close continuity that can be found between the provisions of Regulation (EC) No 261/2004 and those of the Montreal Convention on matters of liability. The reading of the air transport contract in favor of the passenger has also affected the determination of the alternative criterion of the place where the carrier has a place of business through which the contract has been made. The Corte di Cassazione, in a recent decision, has effectively qualified this criterion as «intermediate». However, with a reconstruction which is also criticizable, the judges deemed that this criterion can be used in the very recurrent case of execution of the online contract and therefore identified with the place of domicile of the buyer, this being the only indicator having an adequate degree of determination and predictability
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Il c.d. decreto sicurezza-bis. Profili di diritto della navigazione
No full textThe first two articles of the d. lg. 14 June 2019 n. 53, converted with modifications with l.
8 August 2019 n. 77, c.d. «decreto sicurezza-bis», establish new provisions regarding the
entry, transit or stop of ships in the territorial sea. These provisions, which became part of
d. lg. 25th July 1998 n. 286 (Immigration Consolidated Law), introduce new enforcement
powers by the Minister of the Interior directly affecting the masters of the ships and the
shipowners. Therefore, questions arise concerning aspects of Navigation Law that this essay
tries to highlight. Firstly, the exercise of the new functions on vessel traffic attributed to the
Minister of the Interior by the new paragraph 1 ter of the art. 11 t.u.i. raises the issue of the
compatibility with the art. 83 c. nav. and with the responsibilities of waterway police that the
navigation code reserves to the Ministry of infrastructure and transport and to the Maritime
Authority. Moreover, it emerges a troublesome relationship between the prohibitions on the
masters of the ships as a consequence of the application of the new paragraph 1 ter of the
art. 11 t.u.i. and the rules of international law of the sea. These, in fact, on the one hand,
impose the masters of the ships to rescue people in distress at sea and to lead them to a safe
place (and the States to make sure that this duty is effectively observed); on the other hand,
these rules expressly establish as innocent the passage in the territorial water of the ship that
intends to stop and anchor in the territorial sea in the event that this is functional to rescue
operations (art. 18, par 2 of the UNCLOS)
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
La riforma dei contratti del turismo
No full textCon il d. lgs. 21 maggio 2018 n. 62 è stata recepita la direttiva (UE) 2015/2302 relativa ai pacchetti turistici ed ai servizi turistici collegati. Tale disciplina muove dalla esigenza di adeguare il livello di tutela del viaggiatore rispetto alla ormai inadeguata direttiva 90/314/CEE. L’evoluzione delle modalità di accesso ai servizi del turismo, sempre più variegati e rispondenti alle molteplici esigenze del viaggiatore, ha quindi imposto di considerare anche quei servizi turistici, semplicemente agevolati dagli operatori, che il consumatore, nella veste di viaggiatore, è in grado di configurare e comporre secondo le proprie esigenze. Al tempo stesso, si è reso necessario rafforzare i diritti dei viaggiatori, aumentando il livello di tutela, nella fase precontrattuale, in quella esecutiva ed in quella dell’eventuale insolvenza dl professionista del turismo. In un contesto di generale rivisitazione della disciplina dei contratti di viaggio, sono state inoltre precisate le responsabilità degli operatori del settore i quali sono chiamati a muoversi all'interno di un mercato che si è cercato di rendere maggiormente bilanciato e trasparente. Il decreto è in vigore dal 1° luglio 2018
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