This paper investigates the prospective application of arbitration by Transnational Private Regulation (TPR). It builds on the study of TPR developed by Fabrizio Cafaggi et al. TPR addresses the ever-increasing transfer of regulatory power from national to global levels, and from public to private regulators. TPR entails private regulatory co-operation be-yond the jurisdictional boundaries of States through voluntary standards. The regimes of TPR are built by a variety of actors, such as companies, NGOs, independent experts, and epistemic communities. Examples of TPR can be found in food safety, forestry management, trade, and derivatives, among other fields. More specifically, they concern private actors engaging in transnational coordination of standard setting such as the Forest Stewardship Council (FSC) that was developed to foster responsible management of the world’s forests. There are four main characteristics of TPR: legitimacy, quality, effectiveness, and enforcement. I will describe those four characteristics in brief here. First, the legitimacy of TPR is built around consent through voluntary entry, participation, and exit of regulated entities. Important to this contribution is that the legitimacy of TPR goes beyond its legal dimension, measured by purely legal standards. Hence, the legitimacy of TPR is largely determined by standards developed by social and economic institutions relevant to specific TPR regimes. The role of those institutions in standard settings is higher in private TPR regimes than private-public TPR regimes, where some forms of compliance are mandatory. Second, the quality of TPR corresponds to the ex ante and ex post evaluation cycle of regulatory processes. It is also linked with the transparency of TPR. Third, the effectiveness of TPR is measured according to the extent to which the objectives of TPR (or selected TPR regimes) are met. And finally, enforcement of TPRis understood as ‘ensuring compliance with commitments’. Enforcement of TPR can take place through courts, administrative agencies, and private dispute resolution—including the arbitration at the core of this contribution. Cafaggi’s study identified rather selective use of arbitration in TPR, but also recommended changes to make arbitration law more adaptable to TPR. Furthermore, the study recommended that more specialized dispute resolution institutions are created to exclusively serve TPR. Against this background, I shift the main focus of analysis from TPR to arbitration. Whereas Cafaggi argued that arbitration may be suitable for TPR as a means of private enforcement, in this paper I go even further, arguing that arbitration as a means of informal, out-of-court dispute resolution is well suited to strengthen the normativity of TPR. This is so because private arbitration actors (including, inter alia, arbitrators and arbitral institutions) are already equipped with the tools necessary to facilitate cross-border TPR, which is done through informal standards and procedures with origins in the communitarian values and reputational mechanisms used by different communities before the development of modern States. The roots of most private justice regimes—including arbitration—are informed by communitarian values such as collaboration, participation, and personal trust. Those values, together with other core characteristics of arbitration correspond to all core characteristics of TPR, making both systems comparable and complementary. The analytical framework incorporated in this paper follows the four core characteristics of TPR. Hence, the paper is organized into five sections. The first section contains the introduction. In the second section, I analyze the legitimacy of arbitration vis-à-vis the legitimacy of TPR. In the third section, I investigate the accountability of arbitration as a means of quality signaling vis-à-vis TPR. In the fourth section, I focus on the remedies available to arbitrators in a view of TPR’s effectiveness. Finally, in the fifth section, I analyze enforcement through arbitration and its impact on the exclusiveness versus complementarity of TPR regimes. Conclusions follow, including recommendations for future research. Part of topic "The blurring distinction between public and private in international dispute resolution"
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The article engages with the recent studies on multilevel regulation. The starting point for the argument is that contemporary multilevel regulation—as most other studies of (postnational) rulemaking—is limited in its analysis. The limitation concerns its monocentric approach that, in turn, deepens the social illegitimacy of contemporary multilevel regulation. The monocentric approach means that the study of multilevel regulation originates in the discussions on the foundation of modern States instead of returning to the origins of rules before the nation State was even created, which is where the actual social capital underlying (contemporary) rules can be found, or so I wish to argue. My aim in this article is to reframe the debate. I argue that we have an enormous reservoir of history, practices, and ideas ready to help us think through contemporary (social) legitimacy problems in multilevel regulation: namely all those practices which preceded the capture of law by the modern State system, such as historical alternative dispute resolution (ADR) practices.
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The prevention and diagnosis of frailty syndrome (FS) in cardiac patients requires innovative systems to support medical personnel, patient adherence, and self-care behavior. To do so, modern medicine uses a supervised machine learning approach (ML) to study the psychosocial domains of frailty in cardiac patients with heart failure (HF). This study aimed to determine the absolute and relative diagnostic importance of the individual components of the Tilburg Frailty Indicator (TFI) questionnaire in patients with HF. An exploratory analysis was performed using machine learning algorithms and the permutation method to determine the absolute importance of frailty components in HF. Based on the TFI data, which contain physical and psychosocial components, machine learning models were built based on three algorithms: a decision tree, a random decision forest, and the AdaBoost Models classifier. The absolute weights were used to make pairwise comparisons between the variables and obtain relative diagnostic importance. The analysis of HF patients’ responses showed that the psychological variable TFI20 diagnosing low mood was more diagnostically important than the variables from the physical domain: lack of strength in the hands and physical fatigue. The psychological variable TFI21 linked with agitation and irritability was diagnostically more important than all three physical variables considered: walking difficulties, lack of hand strength, and physical fatigue. In the case of the two remaining variables from the psychological domain (TFI19, TFI22), and for all variables from the social domain, the results do not allow for the rejection of the null hypothesis. From a long-term perspective, the ML based frailty approach can support healthcare professionals, including psychologists and social workers, in drawing their attention to the nonphysical origins of HF.
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Comprehensive understanding of the merits of bottom-up urban development is lacking, thus hampering and complicating associated collaborative processes. Therefore, and given the assumed relevancies, we mapped the social, environmental and economic values generated by bottom-up developments in two Dutch urban areas, using theory-based evaluation principles. These evaluations raised insights into the values, beneficiaries and path dependencies between successive values, confirming the assumed effect of placemaking accelerating further spatial developments. It also revealed broader impacts of bottom-up endeavors, such as influences on local policies and innovations in urban development.
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Peer-to-peer (P2P) energy trading has been recognized as an important technology to increase the local self-consumption of photovoltaics in the local energy system. Different auction mechanisms and bidding strategies haven been investigated in previous studies. However, there has been no comparatively analysis on how different market structures influence the local energy system’s overall performance. This paper presents and compares two market structures, namely a centralized market and a decentralized market. Two pricing mechanisms in the centralized market and two bidding strategies in the decentralized market are developed. The results show that the centralized market leads to higher overall system self-consumption and profits. In the decentralized market, some electricity is directly sold to the grid due to unmatchable bids and asks. Bidding strategies based on the learning algorithm can achieve better performance compared to the random method.
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Thermal comfort is determined by the combined effect of the six thermal comfort parameters: temperature, air moisture content, thermal radiation, air relative velocity, personal activity and clothing level as formulated by Fanger through his double heat balance equations. In conventional air conditioning systems, air temperature is the parameter that is normally controlled whilst others are assumed to have values within the specified ranges at the design stage. In Fanger’s double heat balance equation, thermal radiation factor appears as the mean radiant temperature (MRT), however, its impact on thermal comfort is often ignored. This paper discusses the impacts of the thermal radiation field which takes the forms of mean radiant temperature and radiation asymmetry on thermal comfort, building energy consumption and air-conditioning control. Several conditions and applications in which the effects of mean radiant temperature and radiation asymmetry cannot be ignored are discussed. Several misinterpretations that arise from the formula relating mean radiant temperature and the operative temperature are highlighted, coupled with a discussion on the lack of reliable and affordable devices that measure this parameter. The usefulness of the concept of the operative temperature as a measure of combined effect of mean radiant and air temperatures on occupant’s thermal comfort is critically questioned, especially in relation to the control strategy based on this derived parameter. Examples of systems which deliver comfort using thermal radiation are presented. Finally, the paper presents various options that need to be considered in the efforts to mitigate the impacts of the thermal radiant field on the occupants’ thermal comfort and building energy consumption.
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