非洲国际投资法演进的衡平路径选择与中国因应

非洲国际投资法的发展呈现出从“多边化”到“非洲化”的演进特色,而衡平路径的选择称得上是“非洲化”国际投资法的革新特征之一。非洲国际投资法衡平路径的选择是国家经济主权行使与外国投资者权益保护的内在平衡需求,是非洲国际投资法“多边化”与“非洲化”发展的衡平器,是实现非洲国际投资可持续发展的“善治”路径。衡平路径主要表现为东道国监管权与投资保护义务的进一步明文细化,外国投资者可持续发展义务的施加,投资者-国家间投资争端解决机制的程序平衡性革新等。基于此,应加强我国赴非投资监管制度的体系化与现代化建设,提升我国在非投资者经营合规管理的自我能力,凝聚各方合力贯彻施行可持续发展理念。

论《民法典》实施后劳动者人格权与用人单位用工管理权之价值冲突与衡平路径

《民法典》实施以后,法律对劳动者的人格权保护更为充分,但用人单位行使用工管理权亦有其法理基础,二者以劳动关系为媒介,同时行使权利很有可能产生权利价值冲突,严重的情况下会产生法律纠纷。对于双方之冲突,需要寻求衡平路径,寻找两者权利边界的“黄金分割点”,力求在保护劳动者人格权的同时,维护用人单位用工管理权的行使,助力和谐劳动关系的构建。

New atom movement mechanism for tracking path on disordering AuCuI(A_8^(Au)A_4^(Cu)) compound

Taking experimental path on disordering AuCuI（AAuCu8A4）composed of A Au8 and ACu4 stem alloy genes as an example, three discoveries and a method were presented. The ability of Au Cu I（AAu Cu8 A4）to keep structure stabilization against changing temperature is attributed to the fact that the AAu8 and ACu4 potential well depths greatly surpass their vibration energies, which leads to the subequilibrium of experimental path. A new atom movement mechanism of AuCuI（AAuACu84）to change structure for suiting variation in temperature is the resonance activating-synchro alternating of alloy genes, which leads to heterogeneous and successive subequilibrium transitions. There exists jumping order degree, which leads to the existence of jumping Tj-temperature and an unexpected so-called ＂retro-effect＂ about jumping temperature retrograde shift to lower temperatures upon the increasing heating rate. A set of subequilibrium holographic network path charts were obtained by the experimental mixed enthalpy path method.

Arc-length technique for nonlinear finite element analysis

Nonlinear solution of reinforced concrete structures, particularly complete load-deflection response, requires tracing of the equilibrium path and proper treatment of the limit and bifurcation points. In this regard, ordinary solution techniques lead to instability near the limit points and also have problems in case of snap-through and snap-back. Thus they fail to predict the complete load-displacement response. The arc-length method serves the purpose well in principle, received wide acceptance in finite element analysis, and has been used extensively. However modifications to the basic idea are vital to meet the particular needs of the analysis. This paper reviews some of the recent developments of the method in the last two decades, with particular emphasis on nonlinear finite element analysis of reinforced concrete structures.

A New Network Coding Mechanism Balancing Coding Opportunities, Energy and QoS in WSNs

A new Network Coding mechanism in WSNs(Wireless Sensor Networks), which is named COEQ and aims at balancing coding opportunities, energy and QoS, is proposed and analyzed. Implemented on the basis of traditional AODV protocol, COEQ evaluates several metrics of paths comprehensively with TOPSIS method including minimum remaining energy, coding opportunities, QoS and so on, so as to select the optimal transmitting route. Experiments on NS[2] show that COEQ can improve throughput and save energy when the transmitting rate is low.

Cumulative prospect theory-based user equilibrium model with stochastic perception errors

The cumulative prospect theory(CPT) is applied to study travelers' route choice behavior in a degradable transport network. A cumulative prospect theory-based user equilibrium(CPT-UE) model considering stochastic perception error(SPE) within travelers' route choice decision process is developed. The SPE is conditionally dependent on the actual travel time distribution, which is different from the deterministic perception error used in the traditional logit-based stochastic user equilibrium. The CPT-UE model is formulated as a variational inequality problem and solved by a heuristic solution algorithm. Numerical examples are provided to illustrate the application of the proposed model and efficiency of the solution algorithm. The effects of SPE on the reference point determination, cumulative prospect value estimation, route choice decision and network performance evaluation are investigated.

Consequence and Path Analysis of Balanced Scorecard Usage： Evidence From Chinese Public Hospitals

Based on a questionnaire survey of Chinese public hospitals, this paper explores the consequence and realization path of balanced scorecard （BSC, hereafter） usage. The results show that BSC usage can improve hospital performance remarkably. With the structural equation model analysis, we further find that, this function is realized in an indirect way through the perception of organizational fairness and organizational commitment. The BSC has direct effect to improve the perception of organizational fairness and organizational commitment, which further influence the performance. The results not only complement empirical evidences for BSC usage, but also provide guidance to regulators and hospitals to implement BSC in compensation contract.

Accurate Calculation of Equilibrium Reduced Density Matrix for the System-Bath Model:a Multilayer Multiconfiguration Time-Dependent Hartree Approach and its Comparison to a Multi-Electronic-State Path Integral Molecular Dynamics Approach

An efficient and accurate method for computing the equilibriurn reduced density matrix is presented for treating open quantum systems characterized by the systern-bath model. The method employs the rnultilayer nmlticonfiguration tirne-dependent Hartree theory for imag- inary time propagation and an importance sampling procedure for calculating the quantum mechanical trace. The method is applied to the spin-boson Harniltonian, which leads to ac- curate results in agreement with those produced by the rnulti-electronic-state path integral molecular dynamics method.

Entropy Production along Dominant Pathway of Nonequilibrium Phase Transition in Mesoscopic Chemical System

We consider a bistable mesoscopic chemical reaction system and calculate entropy produc- tion along the dominant pathway during nonequilibrium phase transition. Using probability generating function method and eikonal approximation, we first convert the chemical master equation into the classical Hamilton-Jacobi equation, and then find the dominant pathways between two steady states in the phase space by calculating zero-energy trajectories. We find that entropy productions are related to the actions of the forward and backward dominant pathways. At the coexistence point where the stabilities of the two steady states are equiv alent, both the system entropy change and the medium entropy change are zero; whereas at non-coexistence point both of them are nonzero.

ICSID仲裁庭应对东道国腐败抗辩的困境及其解决——以仲裁庭对涉腐投资主张无管辖权为切入点

近些年来,腐败问题已经在国际投资法的研究与实践中日益引起重视.ICSID仲裁庭在一些涉及腐败的国际投资争端案中对东道国的腐败抗辩予以了审慎考虑并做出了相应裁决,但部分裁决法理饱受诟病,特别是在仲裁庭判定自身对涉腐国际投资没有管辖权的裁决推理上.ICSID仲裁庭应依法行使管辖权并对腐败行为进行本质剖析、甄别,在庭审过程中坚持采纳衡平路径,对争端各方的责、权、利进行均衡考量.现实表明,有必要加强ICSID仲裁程序与内国国际投资反腐败机制间的协作互动.

Quasi-equilibrium glide adaptive guidance for hypersonic vehicles

The entry-glide guidance strategy for hypersonic vehicles that can satisfy both terminal and path constraints is investigated in this paper.We propose a quasi-equilibrium glide adaptive guidance methodology based on the quasi-equilibrium glide condition(QEGC),which innovatively utilizes the quasi-equilibrium glide phenomenon in lifting entry.With the aid of QEGC,both range and terminal velocity can be predicted analytically with high precision.The path constraints are converted into angle of attack constraints,which has been difficult to realize by using traditional predictive guidance methods.The algorithm is independent of the standard trajectory.All the guidance commands,including the bank angle and the angle of attack,are calculated analytically in real time,which endows the algorithm with sufficient adapbility.The results of a CAV-H vehicle guidance test show that the algorithm leads the vehicle along a quasi-equilibrium glide trajectory satisfying both the terminal and path constraints and has sufficient flexibility for occasional mission changes.Furthermore,the robustness of the guidance algorithm under disturbances is validated through a Monte Carlo simulation.