14 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

    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

    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

    Preparation of GaN/Porous silicon heterojunction photodetector by laser deposition technique

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    Abstract In this work, gallium nitride (GaN) thin film was deposited on porous silicon (PSi) substrate via a pulsed laser deposition route with a 355 nm laser wavelength, 900 mJ of laser energy, and various substrate temperatures raging from 200 to 400 °C. The structural and optical properties of GaN films as a function of substrate temperature are investigate. XRD studies reveal that the GaN films deposited on porous silicon are nanocrystalline with a hexagonal wurtzite structure along (002) plane. The photoluminescence emission peaks of the GaN/PSi prepared at 300 °C substrate temperature are located at 368 nm and 728 nm corresponding to energy gap of 3.36 eV and 1.7 eV, respectively. The GaN/PSi heterojunction photodetector prepared at 300 °C exhibits the maximum performance, with a responsivity of 29.03 AW−1, detectivity of 8.6 × 1012 Jones, and an external quantum efficiency of 97.2% at 370 nm. Similarly, at 575 nm, the responsivity is 19.86 AW−1, detectivity is 8.9 × 1012 Jones, and the external quantum efficiency is 50.89%. Furthermore, the photodetector prepared at a temperature of 300 °C demonstrates a switching characteristic where the rise time and fall time are measured to be 363 and 711 μs, respectively
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