1,720,958 research outputs found
An evaluation of the meaning and practical implications of the concept of direct participation in hostilities
Get PDFThesis (LLD)--University of Pretoria, 2015.The regulatory structure created by the Law of Armed Conflict ( LOAC ) incorporates terms and concepts that, on initial scrutiny, appear uncomplicated but their meaning and practical application has proven to be highly contested and ambiguous. The notion of Civilian Direct Participation in Hostilities ( C-DPH ), found, arguably, in Common Article 3 of the Geneva Conventions of 1949 ( GC s ) and explicitly in Additional Protocol I of 1977 ( API ), Article 51(3) and Additional Protocol II ( APII ), Article 13(3), is one such concept.
C-DPH is a cornerstone concept in LOAC on the conduct of hostilities and has attained the status of customary international law. This is based on the assumption that, on a conceptual level, civilians should be protected from intentional attack unless, and for such time , as they directly participate in hostilities . However, despite the serious practical and legal consequences resulting from C-DPH, neither the GC s nor the AP s define the concept, nor do they outline the actions that amount to C-DPH.
C-DPH in asymmetrical hostilities, as a result, currently elicits more disagreement than assent and its novelty creates confusion due to analytical limitations. A universal, comprehensive and practical definition of C-DPH will be useful as LOAC rights can only be comprehensively understood when the meaning and content thereof is defined and clear. The ICRC has produced an Interpretative Guidance on C-DPH but could not publish the document by consent with LOAC experts. There is thus scope for the development of LOAC relevant to C-DPH based on a holistic interpretation thereof, which should include reference to the relevant LOAC instruments, customary LOAC, State practice, judicial reasoning, expert analysis and reference to human rights on the interpretation of C-DPH.Public LawLLDUnrestricte
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
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
The abuse of a Contingency Fees Agreement – An analysis of Legal Practice Council V Bulelani Rubushe (Case no 1004/2022) [2023] ZASCA 167 (1 December 2023)
Get PDFThis article explores the reasoning of the Grahamstown High Court and the Supreme Court of Appeal concerning the misconduct of a legal practitioner due to his non-compliance with the formalities for a valid contingency fees agreement. The Courts expressed concern at the “embedded” and “endemic” nature of misconduct by legal practitioners. Therefore, the Legal Practice Council and the Courts must deal with misconduct by legal practitioners consistently, predictably, and efficiently. The reasoning of the High Court and Supreme Court of Appeal reveals some similarities, but there are also apparent differences in tone and the sanctions imposed. The High Court found that an appropriate sanction was to suspend the legal practitioner. However, the Supreme Court of Appeal reasoned that the suspension from practice in isolation would almost certainly not transform a legal practitioner into a fit and proper person to practice in the future. The SCA thus determined that the name of the offending practitioner must be struck from the Roll of legal practitioners
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
Author-wise bibliometric analysis based on entropy.
No full textAuthor-wise bibliometric analysis based on entropy.</p
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