75 research outputs found
La crisi del sistema ISDS e il progetto, non convincente, di una nuova corte arbitrale permanente
No full textThe paper analyzes the proposal contained in a number of recent EU international instruments and agreements (among which the draft text of the Transatlantic Trade and Investment Partnership – “TTIP”) of a new permanent international court for settling investment disputes in lieu of the traditional Investor-to-State Dispute Settlement system mostly based on (ad hoc or administered) arbitration. The author critically addresses the most relevant criticisms raised by several stakeholders against the traditional ISDS system (among which the threat to democracy, the conflict of interests of arbitrators, the lack of transparency, the excessive costs of the procedures) and highlights the practical drawbacks of the new proposed adjudicatory body, in so far as, on one side, it prevents investors to appoint their own arbitrators and experienced professionals to be appointed as arbitrators; on the other side, it allows only parties (academics and judges) who are on the payroll of States to be appointed as arbitrators in disputes involving the latter, thus blurring the requirement of impartiality; lastly, by introducing an appeal against the award, it upsets the traditional feature of arbitration, finality. Other innovations critically analyzed by the author concern the applicable law and the solution aimed at preventing parallel proceedings
La crisi del sistema ISDS e il progetto di una nuova corte internazionale permanente, ovvero della fine dell’arbitrato in materia di investimenti
No full textThe paper analyzes the proposal contained in a number of recent EU international instruments and agreements (among which the draft text of the TTIP) of a new permanent international court for settling investment disputes in lieu of the traditional ISDS system mostly based on (ad hoc or administered) arbitration. The author critically addresses the most relevant criticisms raised by several stakeholders against the traditional ISDS system (among which the threat to democracy, the conflict of interests of arbitrators, the lack of transparency, the excessive costs of the procedures) and highlights the practical drawbacks of the new proposed adjudicatory body, in so far as, on one side, it prevents the investors to appoint their own arbitrators and experienced professionals to be appointed as arbitrators; on the other side, it allows only parties (academics and judges) who are on the payroll of States to be appointed as arbitrators in disputes involving the latter, thus blurring the impartiality’s requirement; finally, by introducing an appeal against the award, it upsets the traditional feature of arbitration, finality. Other innovations critically analyzed by the author concern the applicable law and the solution aimed at preventing parallel proceedings
What future for the eurozone after Karlsruhe?
Get PDFThe paper analyzes the decision of the German Federal Constitutional Court rendered on 5 May 2020 (2 BvR 859/15, 2 BvR 980/16, 2 BvR 2006/15, 2 BvR 1651/15), wereby the latter heavily criticized the “democratic” legitimacy of the Public Sector Purchase Program of the European Central Bank (aimed, by purchasing negotiable debt securities issued by governments, public agencies and international institutions located in the euro area, to support the economy of the Member States and to increase the eurozone’s inflation rate up to 2%), de facto disapplying the judgment of the CGEU of 11 December 2018, by which that Program had been instead previously “validated.” The author places the decision in the context of the long-standing and conflicting relations, on the one hand, between Member States and European institutions and, on the other hand, between national constitutional courts and the Court of Justice of the European Union, outlining the possible repercussions of the decision on alegal, economic, political and institutional
level and, ultimately, on the very survival of the eurozone
La Corte di Strasburgo riconosce la non incompatibilità con l’art. 6 (1) della CEDU della rinuncia preventiva delle parti all’impugnazione di un lodo arbitrale
No full textThe comment addresses the decision of the European Court of Human Right rendered in the case Tabbane v. Switzerland, published on March 24th, 2016, whereby the Court has recognized the compatibility with art. 6, par. 1 of the ECHR (and in particular with the right to an impartial and independent tribunal) of an agreement whereby the parties waive in advance their right to challenge an arbitral award. The case arose out of a judgment of the Swiss Federal Tribunal, which rejected the application to set aside an award rendered in Switzerland by virtue of art. 192, par. 1 of the Swiss Law on Private International Law, according to which if none of the parties have their domicile, their habitual residence, or a business establishment in Switzerland, parties may, by an express statement in the arbitration agreement or by a subsequent written agreement, waive fully the action for annulment or limit it to one or several of the grounds listed in Art. 190 (2). The Human Right Court firstly pointed out that the right of each person to an impartial and independent tribunal constituted by the law is not absolute, as, on one side, the term tribunal does not only include an adjudicatory body incardinated in the judicial system of a Contracting State, but also a body freely appointed by the parties, as it is the case for arbitration; on the other side, that the parties may partially waive the rights granted by art. 6, par. 1 ECHR, provided that such a waiver is based on consent, is lawful and is non-equivocal. The Court found that the goals pursued by art. 192, par. 1, of the Swiss Law (i.e. to reduce the workload of the Federal Tribunal and to make Switzerland a more attractive place for international arbitration) are legitimate and that, in the case at hand, parties’ waiver was based on consent and surrounded by minimal procedural guarantees. The Author shares the conclusion of the Human Right Court, but points to cases in which such waiver might be more problematic (such as in sport arbitration) and addresses some issues arising out of the practical application of such waiver in arbitration praxi
Impacts and Supply Chain Resilience Strategies to Cope with COVID-19 Pandemic: A Literature Review
No full textCoronavirus COVID-19 is an extraordinary event that can be categorized as a subcategory of Supply Chain (SC) disruptions. This pandemic has impacted supply chains differently, depending on the produced item, the industry, and the role of firms along the supply chains. Several studies, that emerged during the last 2 years, have analyzed the impact of COVID-19 on supply chains and firms, and the strategies adopted to cope with the pandemic. In addition to several resilience strategies, papers also highlighted the key role of digitalization to support firms in building more effective resilience strategies. The literature on the topic is however still fragmented. To overcome this fragmentation, our chapter offers a Systematic Literature Review (SLR), which investigates, in particular, the impacts of COVID-19 on Supply Chain Management (SCM) areas and actors, the SC resilience strategies which can enable firms to cope with the pandemic, and the role of digitalization. © 2023, The Author(s), under exclusive license to Springer Nature Switzerland AG
Multilevel modelling in the analysis of observational datasets in the health care setting
Get PDFIn health care-related research, many studies circle around the problem of identifying risk factors for clinical events of interest, with a potential for economic consequences, or risk factors for increased health care costs. Multivariate regression methods are typically used to analyse such studies and have become central for an efficient control of confounding and assessment of effect modification. However, most of the data used for this type of research are characterised by hierarchical (multilevel) data structures (e.g., patients are frequently nested within treating physicians or study centres). Standard multivariate regression methods tend to ignore this aspect and it has been shown that this may lead to a loss of statistical efficiency and, in some cases, to wrong conclusions. Multilevel regression modelling is an emerging statistical technique which claims to correctly address this type of data, and to make use of their full potential. The author conducted and/or analysed three observational studies of factors associated with clinical events or cost endpoints of interest. In all cases, conventional regression methods were primarily used. In a second step, multilevel re-analyses were performed and the results were compared. The first study addressed the effect of exacerbation status, disease severity and other covariates on the disease-specific health care costs of adult Swiss asthma patients. Among other factors, the occurrence of asthma exacerbations was confirmed to be independently associated with higher costs, and to interact with disease severity. The second study addressed the impact of gatekeeping, a technique widely used to manage the use of health care resources, on the health care costs accrued by a general Swiss population. In a situation characterised by ambiguous research findings, the author's study indicated substantial cost savings through gatekeeping as opposed to fee-for-service based health insurance.
Finally, a combined dataset of six retrospective audits of breast cancer treatment from several Western European countries was used to estimate, for common chemotherapy regimen types, the frequency of chemotherapy-induced neutropenic events and to identify or confirm potential neutropenic event risk factors. Neutropenic events were shown to occur frequently in routine clinical practice. Several factors, including age, chemotherapy regimen type, planned chemotherapy dose intensity, and planned number of chemotherapy cycles, were shown to be potentially important elements of neutropenia risk models.
Multilevel re-analysis showed higher level variation (i.e., variation at the level of the treating physicians or study centres) to be present in the asthma dataset and in the neutropenia dataset, but not in the gatekeeping dataset. In the first-mentioned cases, multilevel modelling allowed to quantify the amount of higher level variation; to identify its sources; to identify spurious findings by analysing influential higher level units; to achieve a gain in statistical precision; and to achieve a modest gain in predictive ability for out-of-sample observations whose corresponding higher level units contributed to model estimation. The main conclusions of the conventional analyses were confirmed.
Based on these findings and in conjunction with published sources, it is concluded that multilevel modelling should be used systematically where hierarchical data structures are present, except if the higher level units must be regarded as distinct, unrelated entities or if their number is very small. Erroneous inferences will thus become more unlikely. Moreover, multilevel modelling is the only technique to date which allows to efficiently test hypotheses at different hierarchical levels, and hypotheses involving several levels, simultaneously. In the authors opinion, multilevel analysis is of particular interest where characteristics of health care providers, and clinical practice patterns in particular, may impact on health outcomes or health economic outcomes. It is only another facet of the same argument that multilevel modelling should also be used in multi-centre studies (including randomised clinical trials) to take into account study centre-specific characteristics and behaviours.
In many instances, the use of the technique will be tentative and rule out the presence of substantial higher level variation. If so, simpler methods can again be used.
Besides some technical issues, the main disadvantage of multilevel modelling is the complexity involved with the modelling process and with correctly interpreting the results. A careful approach is therefore needed. Multilevel modelling can be applied to datasets post hoc, as the author has done, but superior results can be expected from studies which are planned with the requirements of multilevel analysis (e.g., appropriate sample size, collection of relevant covariates at all hierarchical levels) in mind
Table of
No full textThis paper explores the methodologies for the development of interactive systems. It describes the commonly-know software engineering methodologies such as the waterfall model, spiral model, and prototyping, along with a synopsis of the issues within the software development cycle. Crown presents a review of HCI-aware methodologies for developing the user interface such as user centered design, participatory design, and cognitive modeling. Cooper, A. (1995). About Face The Essentials of User Interface Design. Foster City, CA: IDG Books Worldwide. The renowned Father of Visual Basic, author Alan Cooper, has assembled a bible, filled with subtle humor that talks to programmers in their own terms on how to develop more usable Windows-based applications. His vast experience in all aspects of real-world software problems and issues is evident in this no-fluff book. DCTE 870: Assignment Four Henke and Labbate Page 38 Greenberg, S. (1996). Teaching human computer interaction to programmers. SIGCHI Bulletin, 28, 2. 5-6. This paper describes a college course, developed by the author, that provides computer science students with HCI-related skills who may very likely be developing user interfaces for small-scale software applications. The purpose of the course is to present HCI as a usability engineering process that integrates the design, implementation and evaluation of user interfaces Jones, M.G. and Farquhar, J.D. (1997), User Interface Design for Web-Based Instruction, in Web-Based Instruction, Kahn, B.H., Editor, Educational Technology Publications, Inc., Englewood Cliff, New Jersey. This article provides guidelines for the design of effective Web-Based Instruction. This article focuses on the design and evaluation of user interfaces for Internet courses. Mandel, T., (199..
Subcentric linking systems
Get PDFFor part of this research, the author was supported by the Danish National Research Foundation through the Centre for Symmetry and Deformation (DNRF92).Peer reviewe
Developing Mission: Photography, Filmmaking, and American Missionaries in Modern China. Companion Digital Repository.
No full textThis Deep Blue web repository of archival materials is a digital companion for Joseph W. Ho, Developing Mission: Photography, Filmmaking, and American Missionaries in Modern China (Ithaca: Cornell University Press, 2022). This repository is a living collection and will be updated as materials become available. All sources here are for educational and reference use only. Please consult Developing Mission for citations. Permission to reproduce material for publication or other uses must be obtained by contacting the relevant archives. Other queries about the book and repository may be directed to the author at [email protected] Deep Blue web repository of archival materials is a digital companion for Joseph W. Ho, Developing Mission: Photography, Filmmaking, and American Missionaries in Modern China (Ithaca: Cornell University Press, 2022). For educational and reference use only; see description below.Lieberthal-Rogel Center for Chinese Studieshttp://deepblue.lib.umich.edu/bitstream/2027.42/167718/1/HenkeReels.jpghttp://deepblue.lib.umich.edu/bitstream/2027.42/167718/3/Henke Family Collection - China Records and Notes.pdfhttp://deepblue.lib.umich.edu/bitstream/2027.42/167718/4/Henke Family Collection - China-related News and Xinhua English Papers.pdfhttp://deepblue.lib.umich.edu/bitstream/2027.42/167718/5/Henke Family Collection - Chapter 1 Supplementary Images.pdfhttp://deepblue.lib.umich.edu/bitstream/2027.42/167718/6/Lewis Family Papers - Chapter 1 Supplementary Images, Notebook Album 1.pdfhttp://deepblue.lib.umich.edu/bitstream/2027.42/167718/7/Lewis Family Papers - Chapter 1 Supplementary Images, Notebook Album 2.pdfhttp://deepblue.lib.umich.edu/bitstream/2027.42/167718/8/Lewis Family Papers - Chapter 1 Supplementary Images, Flipbook Album 1.pdfhttp://deepblue.lib.umich.edu/bitstream/2027.42/167718/9/Lewis Family Papers - Chapter 1 Supplementary Images, Flipbook Album 2.pdfhttp://deepblue.lib.umich.edu/bitstream/2027.42/167718/10/Lewis Family Papers - Chapter 1 Supplementary Images, Flipbook Album 3.pdfhttp://deepblue.lib.umich.edu/bitstream/2027.42/167718/11/Henke Family Collection - Chapter 3 Supplementary Film, Occupational.mp4http://deepblue.lib.umich.edu/bitstream/2027.42/167718/12/Henke Family Collection - Chapter 3 Supplementary Film, Church.mp4http://deepblue.lib.umich.edu/bitstream/2027.42/167718/13/Henke Family Collection - Chapter 3 Supplementary Film, Hospital Reel 1.mp4http://deepblue.lib.umich.edu/bitstream/2027.42/167718/14/Henke Family Collection - Chapter 3 Supplementary Film, Hospital Reel 2.mp4http://deepblue.lib.umich.edu/bitstream/2027.42/167718/15/Scovel Family Collection - Chapter 4 and Chapter 5 Supplementary Images, Color Slides.pdf-1Description of HenkeReels.jpg : Henke "Hospital" and "Church Tour" filmsSEL
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