Developed Approach (developed + approach)

Distribution by Scientific Domains


Selected Abstracts


Arbitrage and Abuse of Rights in the EC Legal System

EUROPEAN LAW JOURNAL, Issue 3 2008
Pierre Schammo
Its aim is to explain the concepts, describe their relationship and identify the legal and policy issues which they raise within the EC legal system. Arbitrage and abuse figure prominently in the ECJ's case-law, especially on the freedom of movement. In its more recent case-law, the ECJ has adopted a more developed approach to abuse of rights by laying down a two-prong test. This article seeks to draw legal and policy conclusions by examining inter alia the virtues and vices of the EC doctrine of abuse of rights. [source]


The Jurisprudence of Constitutional Conflict: Constitutional Supremacy in Europe before and after the Constitutional Treaty

EUROPEAN LAW JOURNAL, Issue 3 2005
Mattias Kumm
With the inclusion in the recently adopted Constitutional Treaty of a clause explicitly confirming the ,primacy of EU Law' appearances suggest that the EU is about to establish a characteristic of mature, vertically integrated, federal states such as the USA. This article argues that this view is mistaken. It develops a comprehensive jurisprudential framework for addressing constitutional conflicts, ,Constitutionalism Beyond the State' (CBC). CBS detaches the discussion of supremacy and constitutional conflict from a statist framework; provides a jurisprudential account that explains and justifies the highly differentiated, context-sensitive and dynamic set of conflict rules that national courts have in the past adopted; and provides the lacking theoretical basis for the more attractive, but undertheorised sui generis accounts of European constitutional practice that have recently gained ground in the literature. CBS provides a jurisprudentially grounded reconstructive account of why the issue of constitutional conflict is as rich and complicated in Europe as it is and why it is likely to remain so even if the Constitutional Treaty is ratified. The article then goes on to make concrete proposals addressed to national constitutional courts and the Court of Juctise respectively about how, in application of the developed approach, constitutional conflicts ought to be addressed doctrinally. It includes a proposal to read the new ,constitutional identity' clause as authorising Member States as a matter of EU Law to set aside EU Law on constitutional grounds under certain circumstances. [source]


Meshfree simulation of failure modes in thin cylinders subjected to combined loads of internal pressure and localized heat

INTERNATIONAL JOURNAL FOR NUMERICAL METHODS IN ENGINEERING, Issue 8 2008
Dong Qian
Abstract This paper focuses on the non-linear responses in thin cylindrical structures subjected to combined mechanical and thermal loads. The coupling effects of mechanical deformation and temperature in the material are considered through the development of a thermo-elasto-viscoplastic constitutive model at finite strain. A meshfree Galerkin approach is used to discretize the weak forms of the energy and momentum equations. Due to the different time scales involved in thermal conduction and failure development, an explicit,implicit time integration scheme is developed to link the time scale differences between the two key mechanisms. We apply the developed approach to the analysis of the failure of cylindrical shell subjected to both heat sources and internal pressure. The numerical results show four different failure modes: dynamic fragmentation, single crack with branch, thermally induced cracks and cracks due to the combined effects of pressure and temperature. These results illustrate the important roles of thermal and mechanical loads with different time scales. Copyright © 2008 John Wiley & Sons, Ltd. [source]


Modeling of Active Noise and Vibration Control with Finite Elements and Boundary Elements

PROCEEDINGS IN APPLIED MATHEMATICS & MECHANICS, Issue 1 2009
Stefan Ringwelski
A recently developed coupled finite element-boundary element modeling scheme for the design of active noise and vibration control of multi-coupled structural-acoustic systems is presented. The approach allows the computation of structural vibrations and resulting sound fields. By means of an example, the paper describes the theoretical background of the coupled approach. In order to show the performance of the developed approach, test simulations are carried out in the frequency domain. (© 2009 Wiley-VCH Verlag GmbH & Co. KGaA, Weinheim) [source]