Release of a Detained Warship and Its Crew through Provisional Measures: A Comparative Analysis of the ARA Libertad and Ukraine v. Russia Cases

The determination of whether to release a detained foreign warship and its crew is a crucial issue in law and in practice. This article examines the issue of the release of a detained foreign warship and its crewmembers through provisional measures by analyzing the ARA Libertad and Ukraine v. Russia cases. Specifically three issues must be examined. The first issue concerns the interpretation of military activities under Article 298(1)(b) of the U.N. Convention on the Law of the Sea (UNCLOS). On this issue, this article highlights that a threshold for deciding the preponderance of military or law enforcement elements is of critical importance when there are mixed military and law enforcement activities. The second issue concerns the immunity of a detained ship under UNCLOS Articles 29, 32, 95, and 96. In this regard, this article argues that UNCLOS Article 32 may apply to internal waters, even though opinions of the members of ITLOS were divided on this matter. The third issue relates to the question of urgency in ordering provisional measures concerning the release of a detained ship and its crew. Here, this article argues that when identifying the existence of a real and imminent risk, there is a need to consider three temporal elements: the alleged breach of the rights of the applicant State (the past), the existence of ongoing risk (the present), and the possibility of repetition or continuity of the risk (the future)

Predictability and flexibility in the law of maritime delimitation

Divulgação dos SUMÁRIOS das obras recentemente incorporadas ao acervo da Biblioteca Ministro Oscar Saraiva do STJ. Em respeito à Lei de Direitos Autorais, não disponibilizamos a obra na íntegra.Localização na estante: 347.79 T161

The influence of monetary reward and punishment on psychological, physiological, behavioral, and performance aspects of a golf putting task

The primary purpose of the present study was to examine kinematic characteristics and force control during a golf-putting task under a pressure condition. The secondary purpose was to provide an exploratory investigation of the relationship between changes in behavior (kinematics and force control) and performance on the one hand, and psychological (attention and affect) and physiological (arousal level) changes on the other hand. Twenty male novices performed 150 acquisition trials, followed by 10 test trials during a pressure condition induced by performance-contingent distracters: a cash reward or punishment. A three-dimensional motion analysis revealed that, during the pressure test, angular displacements of rotational movements at the horizontal plane and movement time of the arms and club during the backswing and downswing phases all decreased, while acceleration of the elbows during the downswing phase increased. Mean performance indices in all participants' were unchanged in spite of the kinematic changes under the pressure condition. Multiple regression analyses indicated that the decrement in performance, as well as increased variability of movement time and speed, were more likely to increase when participants shifted their attention to movements. Furthermore, changes in heart rate and negative affect were related to both the increase in movement acceleration and a decrease in grip force. These findings suggest that performance and behavioral changes during golf-putting under pressure can be associated with attentional changes, along with the influences of physiological-emotional responses

Fabrication of single-crystalline plasmonic nanostructures on transparent and flexible amorphous substrates

A new experimental technique is developed for producing a high-performance single-crystalline Ag nanostructure on transparent and flexible amorphous substrates for use in plasmonic sensors and circuit components. This technique is based on the epitaxial growth of Ag on a (001)-oriented single-crystalline NaCl substrate, which is subsequently dissolved in ultrapure water to allow the Ag film to be transferred onto a wide range of different substrates. Focused ion beam milling is then used to create an Ag nanoarray structure consisting of 200 cuboid nanoparticles with a side length of 160 nm and sharp, precise edges. This array exhibits a strong signal and a sharp peak in plasmonic properties and Raman intensity when compared with a polycrystalline Ag nanoarray

Online Neural Path Guiding with Normalized Anisotropic Spherical Gaussians

The variance reduction speed of physically-based rendering is heavily affected by the adopted importance sampling technique. In this paper we propose a novel online framework to learn the spatial-varying density model with a single small neural network using stochastic ray samples. To achieve this task, we propose a novel closed-form density model called the normalized anisotropic spherical gaussian mixture, that can express complex irradiance fields with a small number of parameters. Our framework learns the distribution in a progressive manner and does not need any warm-up phases. Due to the compact and expressive representation of our density model, our framework can be implemented entirely on the GPU, allowing it produce high quality images with limited computational resources