17 research outputs found

    French Public Order as Restriction of Arbitration Clause in the Contracts of International Commerce

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    The article describes a new observation over the role of French public order in international arbitration. Based on the fact that France is well known as a privileged venue for arbitration. It has aided deliver international arbitration with the means to become a reliable dispute resolution mechanism and to form itself as an alternative dispute mechanism to local courts. France adopted a new arbitration law in 2011, modernizing the rules applicable to both national and international arbitration. This new law organizes the principles established in case law and aims to have the trust of international arbitration actors in the French legal system. Enabling to analytical observing, we found that the French law has approved international arbitration extensive autonomy. However, this autonomy is not entire: it finds its limit in public order. Recent progresses lead to a failure in public order in the arbitration clause. Jurisprudence has not only authorized arbitrators to apply rules and principles of public order, but it has also gave them the power to sanction their violation. The French law has even adopted a material rule of general scope where public order plays a particular role: it has become the sole cause of nullity of the international arbitration clause. The French public order don’t allow violation of its perspective of international public order, even in the international commerce contracts. It recalls that it is up to it, not to verify whether the arbitral decisions were or were not taken legally, but to determine whether the recognition or the execution of the award is likely to hinder the legal objective of certain actions, as defined by the international commercial contract. It rightly holds that such research, conducted for the defense of international public order, is neither limited to the evidence produced before the arbitrators nor bound by the findings, assessments and qualifications made by them, its only in this respect consisting of ensuring that the production of evidence before it respects the principle of adversarial and equality of arms. &nbsp

    International Humanitarian Law: Dialectical Feasibility

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    An effective implementation of international humanitarian law is not only evaluated by the ability to apply its rules and principles when challenged with situations of armed conflict, but it is also depending upon the determination to look back on the actions that made the international humanitarian law. Recent expansions of armed conflict in the world are persistent reminders of the necessity to emphasis on supporting effectiveness of IHL, without ignoring the weaknesses in the current mechanisms for the enactment and dissemination of standards and values of humanitarian law. What is of fundamental importance is that all actors continue to perform their respective tasks under International Humanitarian Law. This is the main concern of States and non-state parties to armed conflicts, and it is also held by the United Nations, International Organizations, ICRC, National Red Cross, NGOs and other actors involved. The International Humanitarian Law is often violated, so it is legitimate to ask, are there not appropriate mechanisms that ensure its implementation. Ii is paradoxical to see the development of humanitarian law when it seems to be more violations over time and in view of the transformations of the Conflicts. The purpose of this document is to examine the feasibility and the philosophy of the International Humanitarian Law in light of its origin. The International Humanitarian Law, which stands by its values against killing and destruction, continues to evolve at principle, concept and application levels

    The Role of Management in Preserving Documents in Iraqi Legislation: A Comparative Study

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                تعد الوثائق على اختلاف أشكالها وأنواعها ذاكرة الأمة والأداة الأساسية في إثبات الحقوق والمصدر الأوّل للبحث العلمي والتاريخي، لذا كان الاهتمام بحفظها من المهام الأولية للمؤسسات العامة، عن طريق توافر الظروف المناسبة والملائمة لها وحمايتها وصيانتها وبثها وإيصالها إلى المستفيدين عبر الوسائل والتقنيات التي استخدمت عبر الزمن؛ لحفظ نسخ لهذه الوثائق، ومن أهم هذه الوسائل؛ التصوير المصغر، والحفظ بالصيغ الإلكترونية والرقمية التي تقدم إمكانيات كبيرة في الحفظ وخاصة في اختزال مكان الحفظ وإيصال البيانات والمعلومات للمستفيد، وإن الهدف من هذه الدراسة هو التعرّف على الواقع الحالي لحفظ الوثائق، ومعرفة الأنشطة التي تمارسها الإدارة في حفظ الوثائق والوقوف على مظاهر القصور والمشاكل التي تواجهها ومدى تأثير ذلك على أداء الإدارة.          Documents are of different forms and types of nations memory and the basic tool in proving the rights and the main sauce of scientific and historical research, so the concern for keeping it is one of the providing the right conditions for consecration protection maintenance broadcasting and delivery to beneficiates through the means and techniques used over time in order to sari copies of these documents the most important ones are microphotography and preservation in electronic and digital formats  which offers greasy possibilities in conservation especially in reducing the place of preservation and delivering data and information to the ben efficacy, the purpose of this study is to document preservation, and know the activities practiced by the administration the preservation of documents and to identify the shortcomings and problems the face and the extent to which this affects the performance .&nbsp

    Global burden of chronic respiratory diseases and risk factors, 1990–2019: an update from the Global Burden of Disease Study 2019

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    Background: Updated data on chronic respiratory diseases (CRDs) are vital in their prevention, control, and treatment in the path to achieving the third UN Sustainable Development Goals (SDGs), a one-third reduction in premature mortality from non-communicable diseases by 2030. We provided global, regional, and national estimates of the burden of CRDs and their attributable risks from 1990 to 2019. Methods: Using data from the Global Burden of Diseases, Injuries, and Risk Factors Study (GBD) 2019, we estimated mortality, years lived with disability, years of life lost, disability-adjusted life years (DALYs), prevalence, and incidence of CRDs, i.e. chronic obstructive pulmonary disease (COPD), asthma, pneumoconiosis, interstitial lung disease and pulmonary sarcoidosis, and other CRDs, from 1990 to 2019 by sex, age, region, and Socio-demographic Index (SDI) in 204 countries and territories. Deaths and DALYs from CRDs attributable to each risk factor were estimated according to relative risks, risk exposure, and the theoretical minimum risk exposure level input. Findings: In 2019, CRDs were the third leading cause of death responsible for 4.0 million deaths (95% uncertainty interval 3.6–4.3) with a prevalence of 454.6 million cases (417.4–499.1) globally. While the total deaths and prevalence of CRDs have increased by 28.5% and 39.8%, the age-standardised rates have dropped by 41.7% and 16.9% from 1990 to 2019, respectively. COPD, with 212.3 million (200.4–225.1) prevalent cases, was the primary cause of deaths from CRDs, accounting for 3.3 million (2.9–3.6) deaths. With 262.4 million (224.1–309.5) prevalent cases, asthma had the highest prevalence among CRDs. The age-standardised rates of all burden measures of COPD, asthma, and pneumoconiosis have reduced globally from 1990 to 2019. Nevertheless, the age-standardised rates of incidence and prevalence of interstitial lung disease and pulmonary sarcoidosis have increased throughout this period. Low- and low-middle SDI countries had the highest age-standardised death and DALYs rates while the high SDI quintile had the highest prevalence rate of CRDs. The highest deaths and DALYs from CRDs were attributed to smoking globally, followed by air pollution and occupational risks. Non-optimal temperature and high body-mass index were additional risk factors for COPD and asthma, respectively. Interpretation: Albeit the age-standardised prevalence, death, and DALYs rates of CRDs have decreased, they still cause a substantial burden and deaths worldwide. The high death and DALYs rates in low and low-middle SDI countries highlights the urgent need for improved preventive, diagnostic, and therapeutic measures. Global strategies for tobacco control, enhancing air quality, reducing occupational hazards, and fostering clean cooking fuels are crucial steps in reducing the burden of CRDs, especially in low- and lower-middle income countries

    Global burden and strength of evidence for 88 risk factors in 204 countries and 811 subnational locations, 1990–2021: a systematic analysis for the Global Burden of Disease Study 2021

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    Background: Understanding the health consequences associated with exposure to risk factors is necessary to inform public health policy and practice. To systematically quantify the contributions of risk factor exposures to specific health outcomes, the Global Burden of Diseases, Injuries, and Risk Factors Study (GBD) 2021 aims to provide comprehensive estimates of exposure levels, relative health risks, and attributable burden of disease for 88 risk factors in 204 countries and territories and 811 subnational locations, from 1990 to 2021. Methods: The GBD 2021 risk factor analysis used data from 54 561 total distinct sources to produce epidemiological estimates for 88 risk factors and their associated health outcomes for a total of 631 risk–outcome pairs. Pairs were included on the basis of data-driven determination of a risk–outcome association. Age-sex-location-year-specific estimates were generated at global, regional, and national levels. Our approach followed the comparative risk assessment framework predicated on a causal web of hierarchically organised, potentially combinative, modifiable risks. Relative risks (RRs) of a given outcome occurring as a function of risk factor exposure were estimated separately for each risk–outcome pair, and summary exposure values (SEVs), representing risk-weighted exposure prevalence, and theoretical minimum risk exposure levels (TMRELs) were estimated for each risk factor. These estimates were used to calculate the population attributable fraction (PAF; ie, the proportional change in health risk that would occur if exposure to a risk factor were reduced to the TMREL). The product of PAFs and disease burden associated with a given outcome, measured in disability-adjusted life-years (DALYs), yielded measures of attributable burden (ie, the proportion of total disease burden attributable to a particular risk factor or combination of risk factors). Adjustments for mediation were applied to account for relationships involving risk factors that act indirectly on outcomes via intermediate risks. Attributable burden estimates were stratified by Socio-demographic Index (SDI) quintile and presented as counts, age-standardised rates, and rankings. To complement estimates of RR and attributable burden, newly developed burden of proof risk function (BPRF) methods were applied to yield supplementary, conservative interpretations of risk–outcome associations based on the consistency of underlying evidence, accounting for unexplained heterogeneity between input data from different studies. Estimates reported represent the mean value across 500 draws from the estimate's distribution, with 95% uncertainty intervals (UIs) calculated as the 2·5th and 97·5th percentile values across the draws. Findings: Among the specific risk factors analysed for this study, particulate matter air pollution was the leading contributor to the global disease burden in 2021, contributing 8·0% (95% UI 6·7–9·4) of total DALYs, followed by high systolic blood pressure (SBP; 7·8% [6·4–9·2]), smoking (5·7% [4·7–6·8]), low birthweight and short gestation (5·6% [4·8–6·3]), and high fasting plasma glucose (FPG; 5·4% [4·8–6·0]). For younger demographics (ie, those aged 0–4 years and 5–14 years), risks such as low birthweight and short gestation and unsafe water, sanitation, and handwashing (WaSH) were among the leading risk factors, while for older age groups, metabolic risks such as high SBP, high body-mass index (BMI), high FPG, and high LDL cholesterol had a greater impact. From 2000 to 2021, there was an observable shift in global health challenges, marked by a decline in the number of all-age DALYs broadly attributable to behavioural risks (decrease of 20·7% [13·9–27·7]) and environmental and occupational risks (decrease of 22·0% [15·5–28·8]), coupled with a 49·4% (42·3–56·9) increase in DALYs attributable to metabolic risks, all reflecting ageing populations and changing lifestyles on a global scale. Age-standardised global DALY rates attributable to high BMI and high FPG rose considerably (15·7% [9·9–21·7] for high BMI and 7·9% [3·3–12·9] for high FPG) over this period, with exposure to these risks increasing annually at rates of 1·8% (1·6–1·9) for high BMI and 1·3% (1·1–1·5) for high FPG. By contrast, the global risk-attributable burden and exposure to many other risk factors declined, notably for risks such as child growth failure and unsafe water source, with age-standardised attributable DALYs decreasing by 71·5% (64·4–78·8) for child growth failure and 66·3% (60·2–72·0) for unsafe water source. We separated risk factors into three groups according to trajectory over time: those with a decreasing attributable burden, due largely to declining risk exposure (eg, diet high in trans-fat and household air pollution) but also to proportionally smaller child and youth populations (eg, child and maternal malnutrition); those for which the burden increased moderately in spite of declining risk exposure, due largely to population ageing (eg, smoking); and those for which the burden increased considerably due to both increasing risk exposure and population ageing (eg, ambient particulate matter air pollution, high BMI, high FPG, and high SBP). Interpretation: Substantial progress has been made in reducing the global disease burden attributable to a range of risk factors, particularly those related to maternal and child health, WaSH, and household air pollution. Maintaining efforts to minimise the impact of these risk factors, especially in low SDI locations, is necessary to sustain progress. Successes in moderating the smoking-related burden by reducing risk exposure highlight the need to advance policies that reduce exposure to other leading risk factors such as ambient particulate matter air pollution and high SBP. Troubling increases in high FPG, high BMI, and other risk factors related to obesity and metabolic syndrome indicate an urgent need to identify and implement interventions

    Cardiovascular Imaging in Pregnancy: Valvulopathy, Hypertrophic Cardiomyopathy, and Aortopathy

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    Pregnancy is associated with profound hemodynamic changes that are particularly impactful in patients with underlying cardiovascular disease. Management of pregnant women with cardiovascular disease requires careful evaluation that considers the well-being of both the woman and the developing fetus. Clinical assessment begins before pregnancy and continues throughout gestation into the post-partum period and is supplemented by cardiac imaging. This review discusses the role of imaging, specifically echocardiography, cardiac MRI, and cardiac CT, in pregnant women with valvular diseases, hypertrophic cardiomyopathy, and aortic pathology

    A finite failure software reliability model using extended log-logistic distribution

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    Software reliability engineering has been developed to examine software systems over the years. Non-homogeneous Poisson process (NHPP) models are widely employed for analyzing software reliability data, as they have the ability to describe the expected number of failures over time using the mean value function. In addition, these models have an intensity function representing the failure rate over time. This article proposes a new non-homogeneous Poisson process model based on extended log-logistic (NHPP ELL) distribution with three parameters. The model properties were derived and represented graphically. Furthermore, the maximum likelihood estimation method was utilized to estimate the model parameters, which were computed numerically using the Newton–Raphson method. Three real software reliability datasets were utilized to evaluate the performance of the new NHPP ELL model based on three distinct criteria: the mean square error, the coefficient of determination (R2), the Theil statistic, the predictive-ratio risk, and the predictive power. Moreover, a comparative study was conducted between the proposed model and several well-known NHPP models regarding goodness-of-fit and predictive performance. All the evaluation measures indicate that the proposed model outperforms the other models across all the considered datasets. In addition, the graphical plots depicting the actual data and the prediction results for all the fitted models show that the proposed model performs well in all three considered software reliability datasets compared to other models

    Deep motor cortex cavernoma resection supported by navigational intraoperative monitoring: A case report

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    Introduction: Cavernomas are benign hamartomas of cerebral and spinal vessels, accounting for less than 1% of all arteriovenous malformations. In general, surgical resection is the treatment of choice for enlarging cavernomas or those associated with medically refractory seizures. Herein, we report a case of an enlarged deep precentral gyrus cavernoma, with a discussion of the surgical approach and the impact of intra-operative neurophysiological monitoring on the preservation of motor function. Case description: A 30-year-old male was referred to our hospital due to 2-month history of focal seizures. Initial magnetic resonance imaging revealed right precentral cavernoma with minimal right parietal subarachnoid haemorrhage. Revealed the location of the cavernoma deep in the right primary motor cortex. Surgery was performed, trans-sulcal dissection was done with the aid of intraoperative ultrasonography neuro-navigation. The cortical motor map was localized by functional mapping with intra-operative neurophysiological monitoring, including somatosensory evoked potentials (SEP) and motor evoked potentials (MEP). Post-operatively, the left side weakness grade was 4/5, and the Glasgow coma scale was 15. Postoperative imaging confirmed successful resection of the cavernoma and associated hemosiderin ring with no SAH. Conclusion: The use of preoperative MRI and intraoperative ultrasonography supplemented by neurophysiological monitoring utilizing SEP, MEP, and cortical mapping is essential for the safe resection of paracentral cavernomas
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