893 resultados para atypical contracts, principle of legality, independent judgement


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This article addresses the need of an implementation mechanism for the protection of refugees’ rights. However, it is contended that the principle forms part of Customary International Law, under which it is binding on all states irrespective of whether or not they are parties to the Convention Relating to the Status of Refugees 1951 or its Protocol 1967. Since last decade, U.S and its allies have been fighting to curve terrorism which has raised many issues such as human rights violation, deportation, expulsion, extradition, rendition and many more. Pakistan has played a very critical role in War against Terrorism, particularly in reference of war in Afghanistan. Particular concern of this article is the violation of refugees’ rights in Pakistan in 2008 and 2010. This article would highlight the legislation regarding non-expulsion of Afghan refugees from Pakistan to a territory where they have well founded fear of persecution. Article is divided into three parts, the first one deals with “Principle of Non-Refoulement”, the second one deals with “exceptions to the principle” whereas the last one discusses the violation of the very principle in Pakistan with reference to Afghan refugees.

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Recent axiomatic derivations of the maximum entropy principle from consistency conditions are critically examined. We show that proper application of consistency conditions alone allows a wider class of functionals, essentially of the form ∝ dx p(x)[p(x)/g(x)] s , for some real numbers, to be used for inductive inference and the commonly used form − ∝ dx p(x)ln[p(x)/g(x)] is only a particular case. The role of the prior densityg(x) is clarified. It is possible to regard it as a geometric factor, describing the coordinate system used and it does not represent information of the same kind as obtained by measurements on the system in the form of expectation values.

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Background & objectives: Group A Streptococcus, causative agent of several clinical manifestations codes for multiple protein invasins which help the bacterium to enter non-phagocytic cells. C5a peptidase (SCPA) is a surface protein conserved among different serotypes of M1 strain. The present study was taken up to study SCPA promoted fibronectin independent entry of GAS into epithelial cells. Methods: An isogenic 90226 emm1DeltaAB (M1(-)) mutant was constructed, with thermosensitive pGhost vector. This isogenic M1(-) mutant expressed SCPA on the surface as determined by Western blotting and immunofluorescence. Results: On preincubation with anti-SCPA serum, the isogenic M1(-) strain exhibited 54 per cent decreased invasion as compared to the bacteria incubated with control serum. Also, purified recombinant SCPA proteins blocked internalization of M1(-) streptococci into HEp-2 cells. The M1(-) strain invaded at the same efficiency in the presence or absence of fibronectin. Interpretation & conclusion: These results suggested that SCPA acted as a potential invasin of group A streptococcus and promoted invasion independent of fibronectin.

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The principle of operation of a dual current source converter is briefly explained. The combination of two single current source converters (SCSC) to form a ``dual (duplex) current source converter'' (DCSC) is proposed. The DCSC is shown to have the following merits: 1) it retains all the advantages of the SCSC; 2) it reduces the harmonic content of the current waveform considerably; and 3) since the load current is shared equally between two current source converters, ratings of the individual components employed in the circuit are considerably lowered. A DCSC can be an attractive choice for sophisticated large horsepower drives where a good performance of the drive rather than cost is a prime factor. An open-loop control scheme employing the DCSC for an ac motor drive has been successfully implemented in the laboratory. Oscillograms of the improved load current waveforms are shown.

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Notched three point bend specimens (TPB) were tested under crack mouth opening displacement (CMOD) control at a rate of 0.0004 mm/s and during the fracture process acoustic emissions (AE) were simultaneously monitored. It was observed that AE energy could be related to fracture energy. An experimental study was done to understand the behavior of AE energy with parameters of concrete like its strength and size. In this study, AE energy was used as a quantitative measure of size independent specific fracture energy of concrete beams and the concepts of boundary effect and local fracture energy were used to obtain size independent AE energy from which size independent fracture energy was obtained. (C) 2010 Elsevier Ltd. All rights reserved.

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The principle of microscopic reversibility is one of the few generalising principles used in organic chemistry which have their roots in the fundamental laws of thermodynamics. It has, therefore, been highly popular. However, although the principle has some important uses, its general application is not without pitfalls. The principle is easy to misunderstand and to misapply: indeed, some of its formulations are semantically dubious. The principle is most dangerous when used as a charm, for it is more subtle than some of its formulations suggest. But above all, the principle may not be used for deducing or disproving the mechanism of a reaction, except when the mechanism in the reverse direction is known independently. For, such use is, perhaps, the deadliest misapplication.

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The RILEM work-of-fracture method for measuring the specific fracture energy of concrete from notched three-point bend specimens is still the most common method used throughout the world, despite the fact that the specific fracture energy so measured is known to vary with the size and shape of the test specimen. The reasons for this variation have also been known for nearly two decades, and two methods have been proposed in the literature to correct the measured size-dependent specific fracture energy (G(f)) in order to obtain a size-independent value (G(F)). It has also been proved recently, on the basis of a limited set of results on a single concrete mix with a compressive strength of 37 MPa, that when the size-dependent G(f) measured by the RILEM method is corrected following either of these two methods, the resulting specific fracture energy G(F) is very nearly the same and independent of the size of the specimen. In this paper, we will provide further evidence in support of this important conclusion using extensive independent test results of three different concrete mixes ranging in compressive strength from 57 to 122 MPa. (c) 2013 Elsevier Ltd. All rights reserved.

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Central to network tomography is the problem of identifiability, the ability to identify internal network characteristics uniquely from end-to-end measurements. This problem is often underconstrained even when internal network characteristics such as link delays are modeled as additive constants. While it is known that the network topology can play a role in determining the extent of identifiability, there is a lack in the fundamental understanding of being able to quantify it for a given network. In this paper, we consider the problem of identifying additive link metrics in an arbitrary undirected network using measurement nodes and establishing paths/cycles between them. For a given placement of measurement nodes, we define and derive the ``link rank'' of the network-the maximum number of linearly independent cycles/paths that may be established between the measurement nodes. We achieve this in linear time. The link rank helps quantify the exact extent of identifiability in a network. We also develop a quadratic time algorithm to compute a set of cycles/paths that achieves the maximum rank.

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根据两流体同心环状流线性稳定性分析的结果 ,对微重力气 /液两相流地面模拟实验所应遵循的相似准则进行了探讨 ,得到了一个新的重力无关性准则 ,即Bond数和环形区流体相的毛细数之比的绝对值不大于 1 .此外 ,微重力气 /液两相流模拟实验还必须满足两个条件 ,即流量比和气相表观Weber数应与所模拟的流动中对应数值相等 . In the present paper, the principle of similarity for two phase flows at microgravity is studied based on the results of the linear stability analysis of the two fluid concentric annular flow configuration. A new criterion of gravity independence, namely the absolute value of the ratio between the Bond number and the capillary number of the phase flowing in the annulus is no more than one, is achieved. It is also pointed out that the flowrate ratio and the gas superficial Weber number must have the same ...

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Many physical experiments have shown that the domain switching in a ferroelectric material is a complicated evolution process of the domain wall with the variation of stress and electric field. According to this mechanism, the volume fraction of the domain switching is introduced in the constitutive law of ferroelectric ceramic and used to study the nonlinear constitutive behavior of ferroelectric body in this paper. The principle of stationary total energy is put forward in which the basic unknown quantities are the displacement u (i) , electric displacement D (i) and volume fraction rho (I) of the domain switching for the variant I. Mechanical field equation and a new domain switching criterion are obtained from the principle of stationary total energy. The domain switching criterion proposed in this paper is an expansion and development of the energy criterion. On the basis of the domain switching criterion, a set of linear algebraic equations for the volume fraction rho (I) of domain switching is obtained, in which the coefficients of the linear algebraic equations only contain the unknown strain and electric fields. Then a single domain mechanical model is proposed in this paper. The poled ferroelectric specimen is considered as a transversely isotropic single domain. By using the partial experimental results, the hardening relation between the driving force of domain switching and the volume fraction of domain switching can be calibrated. Then the electromechanical response can be calculated on the basis of the calibrated hardening relation. The results involve the electric butterfly shaped curves of axial strain versus axial electric field, the hysteresis loops of electric displacement versus electric filed and the evolution process of the domain switching in the ferroelectric specimens under uniaxial coupled stress and electric field loading. The present theoretic prediction agrees reasonably with the experimental results given by Lynch.

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A new aerodynamic principle of flame stabilization and combustion intensification, the coflow jets with large velocity difference, is described. One or more small high-velocity jets of air or steam, injected off the axis and in the same direction as the low-velocity main fuel-air flow into the combustor, create a large recirculation zone of high turbulence intensity in which the combustibles and high temperature gases are effectively mixed, so that stable and intensive combustion can be maintained even for fuels with poor ignition. A pulverized coal combustor based on the principle mentioned above is shown to be characteristic of excellent combustoom and a simple structure. A number of precombustors of this type are in operation at some power stations and industrial boilers of China. Using such precombustor, successtul startups and part-load operation of the boilers have become available under conditions of unpreheated air and low-grade coal with volatiles as low as 15% and ash content as high as 30%. This principle shows good promise as an attractive new technology of combustion.

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The effective stress principle has been efficiently applied to saturated soils in the soil mechanics and geotechnical engineering practice; however, its applicability to unsaturated soils is still under debate. The appropriate selection of stress state variables is essential for the construction of constitutive models for unsaturated soils. Owing to the complexity of unsaturated soils, it is difficult to determine the deformation and strength behaviors of unsaturated soils uniquely with the previous single-effective-stress variable theory and two-effective-stress-variable theory in all the situations. In this paper, based on the porous media theory, the specific expression of work is proposed, and the effective stress of unsaturated soils conjugated with the displacement of the soil skeleton is further derived. In the derived work and energy balance equations, the energy dissipation in unsaturated soils is taken into account. According to the derived work and energy balance equations, all of the three generalized stresses and the conjugated strains have effects on the deformation of unsaturated soils. For considering these effects, a principle of generalized effective stress to describe the behaviors of unsaturated soils is proposed. The proposed principle of generalized effective stress may reduce to the previous effective stress theory of single-stress variable or the two-stress variables under certain conditions. This principle provides a helpful reference for the development of constitutive models for unsaturated soils.