Avoidance Techniques: State Related Defences in International Antitrust Cases

Despite its economic significance, competition law still remains fragmented, lacking an international framework allowing for dispute settlement. This, together with the growing importance of non-free-market economies in world trade require us to re-consider and re-evaluate the possibilities of bringing an antitrust suit against a foreign state. If the level playing field on the global marketplace is to be achieved, the possibility of hiding behind the bulwark of state sovereignty should be minimised. States should not be free to act in an anti-competitive way, but at present the legal framework seems ill-equipped to handle such challenges.

This paper deals with the defences available in litigation concerning transnational anti-competitive agreements involving or implicating foreign states. Four important legal doctrines are analysed: non-justiciability (political question doctrine), state immunity, act of state doctrine and foreign state compulsion. The paper addresses also the general problem of applicability of competition laws to a foreign state as such. This is a tale about repetitive unsuccessful efforts to sue OPEC and recent attempts in the US to deal with export cartels of Chinese state-owned enterprises

A Comparative Look on Foreign State Compulsion as a Defence in Antitrust Litigation

This paper presents and investigates the foreign state compulsion as a defence in transnational antitrust cases. It takes a comparative approach by looking at the doctrine and its developments in the United States and in the European Union. To illustrate the relevance of the defence and the difficulties of its applicability, this paper analyses the new antitrust case law emerging in the US involving Chinese export cartels. It is argued that at present the standard required to prove compulsion is too high to serve its function.

High accuracy android malware detection using ensemble learning

With over 50 billion downloads and more than 1.3 million apps in Google’s official market, Android has continued to gain popularity amongst smartphone users worldwide. At the same time there has been a rise in malware targeting the platform, with more recent strains employing highly sophisticated detection avoidance techniques. As traditional signature based methods become less potent in detecting unknown malware, alternatives are needed for timely zero-day discovery. Thus this paper proposes an approach that utilizes ensemble learning for Android malware detection. It combines advantages of static analysis with the efficiency and performance of ensemble machine learning to improve Android malware detection accuracy. The machine learning models are built using a large repository of malware samples and benign apps from a leading antivirus vendor. Experimental results and analysis presented shows that the proposed method which uses a large feature space to leverage the power of ensemble learning is capable of 97.3 % to 99% detection accuracy with very low false positive rates.

Environnement dissuasif, risques et stratégies délinquantes

L‟utilité de la théorie de la dissuasion est régulièrement remise en question pour expliquer la relation entre les peines et la criminalité puisque les propriétés objectives de la peine ne semblent pas affecter les taux de criminalité, les perceptions que s‟en font les individus et la récidive des délinquants. Trois limites conceptuelles des auteurs qui remettent en question la dissuasion sont soulevées. Premièrement, les unités spatiales utilisées sont des territoires sur lesquels plusieurs corps policiers sont en fonction. Il y a donc peu de chances que tous les citoyens présents soient exposés au même message pénal. Deuxièmement, les chercheurs ont mesuré le risque objectif d‟être arrêté à l‟aide d‟un ratio entre le nombre d‟arrestations et le nombre de crimes rapportés. Cette conceptualisation est problématique puisque les résultats d‟autres études suggèrent que les citoyens ont peu de connaissances des propriétés objectives et qu‟il serait, ainsi, intéressant de se référer aux stimuli dissuasifs pour conceptualiser la notion de risques. Troisièmement, pour plusieurs chercheurs, la délinquance est considérée comme une activité pour laquelle les délits impunis découlent du hasard. Pourtant, les délinquants utilisent fréquemment des stratégies pour éviter les autorités policières. Ils sont donc proactifs dans leur impunité. De ces limites découlent quatre propositions : 1) afin de détecter les réels effets des propriétés de la peine sur la criminalité, les territoires utilisés dans les études doivent représenter des juridictions sur lesquelles un seul corps policier opère; 2) afin de détecter les réels effets des propriétés de la peine sur la criminalité, les études doivent être effectuées avec des données provenant d‟une juridiction dans laquelle les activités de répression sont augmentées significativement par rapport à leur seuil antérieur et maintenue sur une période de temps suffisamment longue; 3) les stimuli dissuasifs observés doivent être considérés comme des expériences vicariantes ; 4) l‟impunité doit être définie comme étant une expérience recherchée par les délinquants. Deux études ont été réalisées dans le cadre de cette thèse. D‟abord, une étude a été réalisée à l‟aide de données issues des rapports policiers de collisions et des constats d‟infraction rendus. Les résultats montrent que l‟augmentation de la répression policière ii sur le territoire du Service de Police de la Ville de Montréal a fait diminuer le nombre de collisions. Au même moment, les collisions sont demeurées stables sur le territoire desservis par le Service de police de la Ville de Québec. Dans un deuxième temps, une étude perceptuelle a été réalisée avec un échantillon d‟étudiants universitaires. Les résultats démontrent des effets mitigés des stimuli dissuasifs sur les perceptions que se font les individus de leurs risques d‟être arrêté et sur leurs comportements délinquants. Chez les moins délinquants, les stimuli dissuasifs font augmenter la perception que les délinquants se font de leurs risques. Par contre, les plus motivés à commettre des délits de la route développent des stratégies en réaction aux opérations policières plutôt que d‟en craindre les représailles. Ces tactiques d‟évitement n‟assurent pas une impunité totale, ni une perception moins élevée des risques de recevoir une contravention, mais elles retardent le moment où le délinquant sera confronté à la punition.

Algorithms for UAS insertion in civil air space

One of the most interesting challenge of the next years will be the Air Space Systems automation. This process will involve different aspects as the Air Traffic Management, the Aircrafts and Airport Operations and the Guidance and Navigation Systems. The use of UAS (Uninhabited Aerial System) for civil mission will be one of the most important steps in this automation process. In civil air space, Air Traffic Controllers (ATC) manage the air traffic ensuring that a minimum separation between the controlled aircrafts is always provided. For this purpose ATCs use several operative avoidance techniques like holding patterns or rerouting. The use of UAS in these context will require the definition of strategies for a common management of piloted and piloted air traffic that allow the UAS to self separate. As a first employment in civil air space we consider a UAS surveillance mission that consists in departing from a ground base, taking pictures over a set of mission targets and coming back to the same ground base. During all mission a set of piloted aircrafts fly in the same airspace and thus the UAS has to self separate using the ATC avoidance as anticipated. We consider two objective, the first consists in the minimization of the air traffic impact over the mission, the second consists in the minimization of the impact of the mission over the air traffic. A particular version of the well known Travelling Salesman Problem (TSP) called Time-Dependant-TSP has been studied to deal with traffic problems in big urban areas. Its basic idea consists in a cost of the route between two clients depending on the period of the day in which it is crossed. Our thesis supports that such idea can be applied to the air traffic too using a convenient time horizon compatible with aircrafts operations. The cost of a UAS sub-route will depend on the air traffic that it will meet starting such route in a specific moment and consequently on the avoidance maneuver that it will use to avoid that conflict. The conflict avoidance is a topic that has been hardly developed in past years using different approaches. In this thesis we purpose a new approach based on the use of ATC operative techniques that makes it possible both to model the UAS problem using a TDTSP framework both to use an Air Traffic Management perspective. Starting from this kind of mission, the problem of the UAS insertion in civil air space is formalized as the UAS Routing Problem (URP). For this reason we introduce a new structure called Conflict Graph that makes it possible to model the avoidance maneuvers and to define the arc cost function of the departing time. Two Integer Linear Programming formulations of the problem are proposed. The first is based on a TDTSP formulation that, unfortunately, is weaker then the TSP formulation. Thus a new formulation based on a TSP variation that uses specific penalty to model the holdings is proposed. Different algorithms are presented: exact algorithms, simple heuristics used as Upper Bounds on the number of time steps used, and metaheuristic algorithms as Genetic Algorithm and Simulated Annealing. Finally an air traffic scenario has been simulated using real air traffic data in order to test our algorithms. Graphic Tools have been used to represent the Milano Linate air space and its air traffic during different days. Such data have been provided by ENAV S.p.A (Italian Agency for Air Navigation Services).

Cooperative Mapping and Exploration using Counter-rotational Potential Fields

This paper presents a novel technique for mapping and exploration using cooperating autonomous underwater vehicles. Rather than using the typical lawnmower sweep pattern to search an entire area, the proposed navigational plan involves guiding the formation directly towards each object of interest in turn, before arriving at a final goal position. This is achieved by the use of traditional artificial potential fields alongside counter-rotational potential fields. These clockwise and counter-clockwise fields are employed simultaneously by vehicles to ensure that the entire object is scanned rather than simply avoided as is the case with traditional collision avoidance techniques. The proposed methodology allows a formation to have fluid-like motion whilst a separation distance between cooperating agents (free of angular constraints) is maintained with a greater degree of flexibility than traditional formation control approaches. Owing to its nature, this technique is suited for applications such as exploration, mapping and underwater inspection to name a few. Simulation results demonstrate the efficacy of the proposed approach.

N-opcode analysis for android malware classification and categorization

Malware detection is a growing problem particularly on the Android mobile platform due to its increasing popularity and accessibility to numerous third party app markets. This has also been made worse by the increasingly sophisticated detection avoidance techniques employed by emerging malware families. This calls for more effective techniques for detection and classification of Android malware. Hence, in this paper we present an n-opcode analysis based approach that utilizes machine learning to classify and categorize Android malware. This approach enables automated feature discovery that eliminates the need for applying expert or domain knowledge to define the needed features. Our experiments on 2520 samples that were performed using up to 10-gram opcode features showed that an f-measure of 98% is achievable using this approach.

Collision avoidance between UAV clusters using swarm intelligence techniques

In this article, several basic swarming laws for Unmanned Aerial Vehicles (UAVs) are developed for both two-dimensional (2D) plane and three-dimensional (3D) space. Effects of these basic laws on the group behaviour of swarms of UAVs are studied. It is shown that when cohesion rule is applied an equilibrium condition is reached in which all the UAVs settle at the same altitude on a circle of constant radius. It is also proved analytically that this equilibrium condition is stable for all values of velocity and acceleration. A decentralised autonomous decision-making approach that achieves collision avoidance without any central authority is also proposed in this article. Algorithms are developed with the help of these swarming laws for two types of collision avoidance, Group-wise and Individual, in 2D plane and 3D space. Effect of various parameters are studied on both types of collision avoidance schemes through extensive simulations.

Uncertainty avoidance: public sector clients and procurement selection

Purpose: Choosing the appropriate procurement system for construction projects is a complex and challenging task for clients particularly when professional advice has not been sought. To assist with the decision making process, a range of procurement selection tools and techniques have been developed by both academic and industry bodies. Public sector clients in Western Australia (WA) remain uncertain about the pairing of procurement method to bespoke construction project and how this decision will ultimately impact upon project success. This paper examines ‘how and why’ a public sector agency selected particular procurement methods. · Methodology/Approach: An analysis of two focus group workshops (with 18 senior project and policy managers involved with procurement selection) is reported upon · Findings: The traditional lump sum (TLS) method is still the preferred procurement path even though alternative forms such as design and construct, public-private-partnerships could optimize the project outcome. Paradoxically, workshop participants agreed that alternative procurement forms should be considered, but an embedded culture of uncertainty avoidance invariably meant that TLS methods were selected. Senior managers felt that only a limited number of contractors have the resources and experience to deliver projects using the nontraditional methods considered. · Research limitations/implications: The research identifies a need to develop a framework that public sector clients can use to select an appropriate procurement method. A procurement framework should be able to guide the decision-maker rather than provide a prescriptive solution. Learning from previous experiences with regard to procurement selection will further provide public sector clients with knowledge about how to best deliver their projects.

Fixing the volatile : studio vocal performance techniques

The process of compiling a studio vocal performance from many takes can often result in the performer producing a new complete performance once this new "best of" assemblage is heard back. This paper investigates the ways that the physical process of recording can alter vocal performance techniques, and in particular, the establishing of a definitive melodic and rhythmic structure. Drawing on his many years of experience as a commercially successful producer, including the attainment of a Grammy award, the author will analyse the process of producing a “credible” vocal performance in depth, with specific case studies and examples. The question of authenticity in rock and pop will also be discussed and, in this context, the uniqueness of the producer’s role as critical arbiter – what gives the producer the authority to make such performance evaluations? Techniques for creating conditions in the studio that are conducive to vocal performances, in many ways a very unnatural performance environment, will be discussed, touching on areas such as the psycho-acoustic properties of headphone mixes, the avoidance of intimidatory practices, and a methodology for inducing the perception of a “familiar” acoustic environment.

Review of continuum, finite element and hybrid techniques in the analysis of stress concentrations in structures

When a uniform flow of any nature is interrupted, the readjustment of the flow results in concentrations and rare-factions, so that the peak value of the flow parameter will be higher than that which an elementary computation would suggest. When stress flow in a structure is interrupted, there are stress concentrations. These are generally localized and often large, in relation to the values indicated by simple equilibrium calculations. With the advent of the industrial revolution, dynamic and repeated loading of materials had become commonplace in engine parts and fast moving vehicles of locomotion. This led to serious fatigue failures arising from stress concentrations. Also, many metal forming processes, fabrication techniques and weak-link type safety systems benefit substantially from the intelligent use or avoidance, as appropriate, of stress concentrations. As a result, in the last 80 years, the study and and evaluation of stress concentrations has been a primary objective in the study of solid mechanics. Exact mathematical analysis of stress concentrations in finite bodies presents considerable difficulty for all but a few problems of infinite fields, concentric annuli and the like, treated under the presumption of small deformation, linear elasticity. A whole series of techniques have been developed to deal with different classes of shapes and domains, causes and sources of concentration, material behaviour, phenomenological formulation, etc. These include real and complex functions, conformal mapping, transform techniques, integral equations, finite differences and relaxation, and, more recently, the finite element methods. With the advent of large high speed computers, development of finite element concepts and a good understanding of functional analysis, it is now, in principle, possible to obtain with economy satisfactory solutions to a whole range of concentration problems by intelligently combining theory and computer application. An example is the hybridization of continuum concepts with computer based finite element formulations. This new situation also makes possible a more direct approach to the problem of design which is the primary purpose of most engineering analyses. The trend would appear to be clear: the computer will shape the theory, analysis and design.

Evolving Philosophies on Autonomous Obstacle/Collision Avoidance of Unmanned Aerial Vehicles

Much of the benefits of deploying unmanned aerial vehicles can be derived from autonomous missions. For such missions, however, sense-and-avoid capability (i.e., the ability to detect potential collisions and avoid them) is a critical requirement. Collision avoidance can be broadly classified into global and local path-planning algorithms, both of which need to be addressed in a successful mission. Whereas global path planning (which is mainly done offline) broadly lays out a path that reaches the goal point, local collision-avoidance algorithms, which are usually fast, reactive, and carried out online, ensure safety of the vehicle from unexpected and unforeseen obstacles/collisions. Even though many techniques for both global and local collision avoidance have been proposed in the recent literature, there is a great interest around the globe to solve this important problem comprehensively and efficiently and such techniques are still evolving. This paper presents a brief overview of a few promising and evolving ideas on collision avoidance for unmanned aerial vehicles, with a preferential bias toward local collision avoidance.

Accident avoidance importance for building demolition

Building demolition, as compared to building construction is always carried out as quickly and cheaply as possible. The nature of limited time and resources of the demolition project sometimes translate into poor work planning and safety precautions. In recent years, demolition work has become more complicated due to the high diversity of building types and there are various demolition techniques and strategies. It is important to have a clear understanding of the type of building to be demolished, the method to be used and risks involved to ensure proper work planning. Using historical data on demolition related accidents; this paper discusses the classification of injuries and causes of the accidents. To conclude, strategies for better understanding of demolition work and good practices of site safety are recommended.

Transaction scheduling using dynamic conflict avoidance

Software transaction memory (STM) systems have been used as an approach to improve performance, by allowing the concurrent execution of atomic blocks. However, under high-contention workloads, STM-based systems can considerably degrade performance, as transaction conflict rate increases. Contention management policies have been used as a way to select which transaction to abort when a conflict occurs. In general, contention managers are not capable of avoiding conflicts, as they can only select which transaction to abort and the moment it should restart. Since contention managers act only after a conflict is detected, it becomes harder to effectively increase transaction throughput. More proactive approaches have emerged, aiming at predicting when a transaction is likely to abort, postponing its execution. Nevertheless, most of the proposed proactive techniques are limited, as they do not replace the doomed transaction by another or, when they do, they rely on the operating system for that, having little or no control on which transaction to run. This article proposes LUTS, a lightweight user-level transaction scheduler. Unlike other techniques, LUTS provides the means for selecting another transaction to run in parallel, thus improving system throughput. We discuss LUTS design and propose a dynamic conflict-avoidance heuristic built around its scheduling capabilities. Experimental results, conducted with the STAMP and STMBench7 benchmark suites, running on TinySTM and SwissTM, show how our conflict-avoidance heuristic can effectively improve STM performance on high contention applications. © 2012 Springer Science+Business Media, LLC.