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Data Protection in Law Enforcement and Judicial Cooperation in Criminal Matters 执法中的数据保护与刑事司法合作
IF 0.8 Q2 LAW Pub Date : 2021-09-01 DOI: 10.2478/bjes-2021-0019
Rastislav Funta, Peter Ondria
Abstract The redesign of data protection in the police and judicial area is intended to create uniformity at the European level for the citizens of EU Member States. This scientific article analyses the subject of data protection in law enforcement and judicial cooperation in criminal matters. The focus is primarily on the existing provisions and the latest developments of the EU with regard to Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. The international level with regard to data protection in the police and judicial area and possible changes due to the developments in data protection under European law are also examined in more detail.
摘要重新设计警察和司法领域的数据保护旨在为欧盟成员国公民在欧洲层面创造统一性。这篇科学文章分析了刑事执法和司法合作中的数据保护问题。重点主要放在欧盟关于保护自然人的指令(欧盟)2016/680的现有条款和最新发展上,该指令涉及主管当局为预防、调查、侦查或起诉刑事犯罪或执行刑事处罚而处理个人数据,以及关于此类数据的自由流动,并废除理事会第2008/977/JHA号框架决定。还更详细地审查了警察和司法领域数据保护的国际水平,以及欧洲法律规定的数据保护发展可能带来的变化。
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引用次数: 2
Enhanced Digitalisation and Competition Law Enforcement in Slovakia 斯洛伐克加强数字化和竞争法执法
IF 0.8 Q2 LAW Pub Date : 2021-09-01 DOI: 10.2478/bjes-2021-0016
M. Patakyová
Abstract Digitalisation is a challenge from the regulatory point of view. Competition law, as a special type of regulation, is no exception to this. The article explores the risks of digitalisation, especially the ones related to the enhanced use of pricing algorithms. In theory, pricing algorithms are not easily assessed from the perspective of competition law, let alone its application in practice. The prohibition of anticompetitive agreements (pursuant to Article 101 of the Treaty on Functioning of the European Union (TFEU)) is applied with certain difficulty to agreements created by using pricing algorithms. This is an unfortunate situation, as horizontal agreements represent one of the worst infringements of EU competition law, including price cartels or bid rigging. Apart from presenting a theoretical background, the article dives into the practice of the Antimonopoly Office of the Slovak Republic (AMO) in order to assess which practical issues the AMO might face when applying the theoretical concepts. In sum, the article asks from a theoretical perspective which issues of competition law have been introduced (or deepened) by the enhanced digitalisation, looking in particular to pricing algorithms. On top of that, the article explores the issues which may be encountered in practice, taking the Slovak jurisdiction as the example. The willingness and feasibility of the AMO to enforce digital issues such as pricing algorithms is assessed based on the previous acts of the AMO as well as the new Act on Protection of Competition, adopted by the Slovak parliament on 11 May 2021.
摘要从监管角度来看,数字化是一个挑战。竞争法作为一种特殊类型的法规,也不例外。本文探讨了数字化的风险,特别是与加强定价算法使用有关的风险。理论上,定价算法不容易从竞争法的角度进行评估,更不用说它在实践中的应用了。禁止反竞争协议(根据《欧洲联盟运作条约》第101条)在一定程度上适用于通过使用定价算法创建的协议。这是一种不幸的情况,因为横向协议是对欧盟竞争法最严重的违反之一,包括价格卡特尔或操纵投标。除了介绍理论背景外,文章还深入探讨了斯洛伐克共和国反垄断办公室(AMO)的实践,以评估AMO在应用理论概念时可能面临的实际问题。总之,本文从理论角度询问了哪些竞争法问题因数字化的增强而引入(或深化),尤其是定价算法。除此之外,本文以斯洛伐克管辖权为例,探讨了实践中可能遇到的问题。AMO执行定价算法等数字问题的意愿和可行性是根据AMO之前的法案以及斯洛伐克议会于2021年5月11日通过的新《竞争保护法》进行评估的。
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引用次数: 0
5G and Digital Sovereignty of the EU: The Slovak Way 5G与欧盟的数字主权:斯洛伐克之路
IF 0.8 Q2 LAW Pub Date : 2021-09-01 DOI: 10.2478/bjes-2021-0013
Tomáš Gábriš, Ondrej Hamuľák
Abstract Some recent views question the concept of sovereignty (especially the sovereignty of states), arguing that sovereignty is to be abandoned as a historical concept, because it existed in the world of the Westphalian system (created after 1648), where states were the major players, centers of power and objects of interest. Instead, we suggest that sovereignty should be perceived again as a “supreme power” (summa potestas), meaning a return to the pre-Bodinian concept of sovereignty and perceive it as a “power to exert control”. With regard to cyberspace, this does not mean direct control of all entities in the cyberspace, but only those that provide services which are perceived as “essential” or “critical” for the security and interests of the state. That is actually the approach taken with regard to ensuring the safety of 5G networks—through control imposed on the network operators, as required by the respective EU legislation and the EU Toolbox on 5G Networks specifically.
最近的一些观点质疑主权(尤其是国家主权)的概念,认为主权应该作为一个历史概念被抛弃,因为它存在于威斯特伐利亚体系(1648年后创建)的世界中,在这个体系中,国家是主要的参与者、权力中心和利益对象。相反,我们建议,主权应该再次被视为一种“最高权力”(summa potestas),这意味着回归到波迪尼以前的主权概念,并将其视为一种“施加控制的权力”。就网络空间而言,这并不意味着直接控制网络空间中的所有实体,而只是那些提供被视为对国家安全和利益“必不可少”或“关键”服务的实体。这实际上是确保5G网络安全的方法——通过对网络运营商施加控制,这是欧盟各自立法和欧盟5G网络工具箱的具体要求。
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引用次数: 4
The Legal Implications of Public Support Policies Targeting Research, Development and Innovation in the European Union 欧盟针对研究、发展和创新的公共支持政策的法律意义
IF 0.8 Q2 LAW Pub Date : 2021-09-01 DOI: 10.2478/bjes-2021-0017
P. Dutt, Katrin Nyman-Metcalf
Abstract The research problem of this article focuses on how the public support system in Estonia can help small and medium-sized enterprises (SMEs) to acquire and commercialise their intellectual property rights (IPR) in a sustainable and legally permissible manner. The study aims to analyse and determine which specific public support measures are needed by SMEs for acquiring and commercialising IPR and how to design such public support within the legal boundaries set under European Union (EU) laws. The theoretical framework used in this study is built around the social system as defined by Parsons. The 4S Model (based on scope, scale, skill and social networking) derived by researchers from the said social system is considered. Further, 19 key attributes were devised by the authors in conjunction with the role of motivation to form a revised framework. The analysis employs qualitative research methods. To apply the framework of social systems theory, the authors used semi-structured interviews as a method to study the public support measures required by Estonian stakeholders. This was also analysed in the framework of EU State aid law, which poses both restrictions and exemptions. This research presents several desired support measures. Although the public support systems for acquiring and commercialising IPR by SMEs are restrained by legal frameworks within the EU, the analysis of the relevant laws and cases shows that State aid for RDI purposes is legally permissible within the EU, depending on the state’s willingness and availability of funds.
摘要本文的研究问题集中在爱沙尼亚的公共支持系统如何帮助中小企业以可持续和法律允许的方式获得其知识产权并将其商业化。该研究旨在分析和确定中小企业收购知识产权并将其商业化需要哪些具体的公共支持措施,以及如何在欧盟法律规定的法律范围内设计此类公共支持。本研究中使用的理论框架是围绕帕森斯定义的社会体系构建的。研究人员从上述社会系统中得出的4S模型(基于范围、规模、技能和社交网络)被考虑在内。此外,作者结合动机的作用设计了19个关键属性,以形成一个修订的框架。分析采用定性研究方法。为了应用社会系统理论的框架,作者使用半结构化访谈作为一种方法来研究爱沙尼亚利益相关者所需的公共支持措施。这也在欧盟国家援助法的框架内进行了分析,该法既有限制也有豁免。这项研究提出了一些想要的支持措施。尽管中小企业获取知识产权并将其商业化的公共支持系统受到欧盟内部法律框架的限制,但对相关法律和案例的分析表明,根据国家的意愿和资金可用性,在欧盟内部,用于RDI目的的国家援助在法律上是允许的。
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引用次数: 2
A Different Approach to the Evaluation of Smart Cities’ Indicators 智慧城市指标评估的不同方法
IF 0.8 Q2 LAW Pub Date : 2021-09-01 DOI: 10.2478/bjes-2021-0018
Viktorija Skvarciany, D. Jurevičienė, Rima Žitkienė, Indrė Lapinskaitė, Ugnė Dudė
Abstract The article aims to propose a different approach to assessing smart cities which combines some commonly used indicators with several new ones in line with the concept of sustainability. The aspect of sustainable development as an essential driver for the smart city and the combination of indicators for sustainable and smart city concepts have been analysed fragmentarily so far. There are many different approaches to evaluate the indicators of city smartness; however, very little attention is paid to the analysis of the reciprocal importance of the indicators. Ten indicators representing a smart city were selected that would be keep in line all the three pillars of sustainability—environmental, social, and economic. An expert survey was conducted to assign the weights of indicators using the pairwise comparison approach. The results were processed by utilising the fuzzy analytic hierarchy process (AHP), which reduces the subjectivity in the experts’ answers. The presented approach differs from the ones commonly used and while it does not cover a wide range of usual indicators, it proposes some new ideas for further research. Some represent cities to attract young and intelligent citizens, others relate to comfortable and safe living conditions and the environmental situation. The results revealed that the most vital smartness indicators are foreign direct investments, pollutant emission, and the share of people registered as unemployed among the working-age population. These indicators cannot be easily identified as ones representing a smart city, but rather as indicators representing investment and environmental, sustainable aspects. Hence, finding a balance between the indicators related to sustainable and smart city is what highlights the need for further research.
本文旨在提出一种不同的评估智慧城市的方法,该方法将一些常用的指标与几个符合可持续性概念的新指标相结合。到目前为止,可持续发展作为智慧城市的重要驱动力,以及可持续发展和智慧城市概念指标的结合已经被零散地分析过。有许多不同的方法来评估城市智慧的指标;但是,很少注意分析这些指标的相互重要性。代表智慧城市的十个指标被选中,这些指标将与可持续发展的三大支柱——环境、社会和经济——保持一致。通过专家调查,采用两两比较的方法分配指标的权重。利用模糊层次分析法(AHP)对结果进行处理,减少了专家回答的主观性。所提出的方法不同于常用的方法,虽然它没有涵盖广泛的常用指标,但它为进一步研究提出了一些新的思路。一些代表城市吸引年轻和聪明的市民,另一些则与舒适和安全的生活条件和环境状况有关。结果显示,最重要的智能指标是外国直接投资、污染物排放和劳动年龄人口中登记为失业者的比例。这些指标不能轻易被确定为代表智慧城市的指标,而是代表投资和环境、可持续方面的指标。因此,在可持续发展和智慧城市的相关指标之间找到平衡是进一步研究的重点。
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引用次数: 5
The Emergence and Restoration of the State: Latvia in 1918 and 1990 国家的出现和恢复:1918年和1990年的拉脱维亚
IF 0.8 Q2 LAW Pub Date : 2021-05-01 DOI: 10.2478/bjes-2021-0005
Andrejs Gusachenko, Vineta Kleinberga
Abstract On 18 November 1918, the independent Republic of Latvia was declared in an extremely complicated international and domestic environment—the First World War was still going on, empires were collapsing, and ethnically and ideologically diverse military troops were fighting within the boundaries of Latvian territory. Despite the historical context of a previously tense relationship between Latvians and other ethnic groups, representatives of all minorities fought next to Latvians against the enemies of the Latvian state. Up until 11 August 1920, when the Peace Treaty with the Soviet Russia was signed, the prospects of de jure recognition of the newly established state were blurred; yet, the defeat of the White forces in the Russian Civil War opened the long awaited “window of opportunity”, as a result of which Latvia managed to achieve its international recognition on 26 January 1921. More than seventy years later, on 4 May 1990, when the Declaration of Independence was adopted by the Supreme Council of the Latvian Soviet Socialist Republic (SSR), the international and domestic situation was no less complicated. Latvia was forcefully incorporated into the Soviet Union in 1940 and became part of it, yet the economic and political deterioration of the Soviet Union, the national awakening in the Baltic States and other Soviet republics alongside the fall of the Berlin Wall gave momentum for the regime to change. On 21 August 1991, after the barricades and bloody clashes with the Soviet Special Purpose Police Units (OMON) in Riga on January and the failed coup d’état in Moscow in August, Latvia’s independence once again became a reality. In the events of the 1990s, the memories of 1918 and Latvia’s independence in the period between the two world wars were crucial. It is manifested by the fact that Latvian statehood in 1991 was not established anew but restored. Acknowledging the importance of history on contemporary identification and policy-making, this article aims to provide an insight into the history of 1917–1922 and its resonance in the contemporary situation. Using the methodology of literature analysis and historical process-tracing it will reveal the complicated process of the state’s formation and recognition in the period of 1917–1922, paying particular attention to the role of the minorities and diplomatic efforts. It will also uncover the resonance of the events of 1918–1922 in the 1990s, when Latvia’s independence from the Soviet Union was declared, focusing in particular on aspects defining the statehood of Latvia and its citizenship. In this part, it will be argued that the history of 1917–1922 was brought back when the statehood of Latvia was concerned, while overshadowed by fifty years of the Soviet occupation, when the citizenship issue was on the agenda. Indeed, not only ethnic Latvians but also minorities living in Latvia played a decisive role in the efforts of restoring Latvia’s independence. However, as a result of the
摘要1918年11月18日,拉脱维亚共和国在极其复杂的国际和国内环境中宣布独立——第一次世界大战仍在进行,帝国正在崩溃,种族和意识形态多样化的军队正在拉脱维亚领土边界内作战。尽管拉脱维亚人和其他民族之间的历史关系以前很紧张,但所有少数民族的代表都与拉脱维亚人并肩作战,对抗拉脱维亚国家的敌人。直到1920年8月11日,与苏俄签署了《和平条约》,在法律上承认这个新成立的国家的前景才变得模糊;然而,白人军队在俄罗斯内战中的失败打开了人们期待已久的“机会之窗”,拉脱维亚因此于1921年1月26日获得了国际承认。70多年后的1990年5月4日,拉脱维亚苏维埃社会主义共和国最高委员会通过了《独立宣言》,国际和国内局势也同样复杂。拉脱维亚于1940年被强行并入苏联,并成为苏联的一部分,但苏联的经济和政治恶化,波罗的海国家和其他苏联共和国的民族觉醒,以及柏林墙的倒塌,为该政权的变革提供了动力。1991年8月21日,在1月里加的路障和与苏联特种警察部队的血腥冲突以及8月莫斯科政变失败之后,拉脱维亚的独立再次成为现实。在20世纪90年代的事件中,1918年和拉脱维亚在两次世界大战之间独立的记忆至关重要。1991年拉脱维亚的国家地位并没有重新建立,而是恢复了。本文承认历史对当代身份认同和政策制定的重要性,旨在深入了解1917–1922年的历史及其在当代形势下的共鸣。运用文献分析和历史进程追踪的方法,揭示了1917-1922年国家形成和承认的复杂过程,特别关注少数民族的作用和外交努力。它还将揭示1918年至1922年20世纪90年代拉脱维亚宣布脱离苏联独立时发生的事件的共鸣,特别关注定义拉脱维亚国家地位及其公民身份的各个方面。在这一部分中,有人会说,1917年至1922年的历史是在拉脱维亚建国时被带回的,而苏联占领50年后,公民身份问题被提上了议程。事实上,不仅拉脱维亚人,而且居住在拉脱维亚的少数民族在恢复拉脱维亚独立的努力中发挥了决定性作用。然而,由于1994年通过的《公民法》1,超过四分之一的人口——在大多数情况下是俄语社区的代表——被剥夺了公民身份。这种做法与两次世界大战期间通过的法案形成了鲜明对比,当时,居住在当时商定的拉脱维亚领土边界内的所有族裔群体都被授予拉脱维亚公民身份,尽管他们的意识形态背景不同。鉴于这一事实,本文提供了未来与当代政策制定中的历史观念相关的研究机会。
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引用次数: 0
The Emergence of New States in Eastern Europe after World War I: The German Impact 第一次世界大战后东欧新国家的出现:德国的影响
IF 0.8 Q2 LAW Pub Date : 2021-05-01 DOI: 10.2478/bjes-2021-0007
K. Ziemer
Abstract After World War I, many borders in Europe were redrawn, especially in the northeast and southeast of Germany. Almost all political forces in Germany strived to restore the prewar German borders, especially towards Poland. Even Poland’s very existence was denied by many German political forces. The Baltic States were less important for Germany in this respect. Here the relationship with the Baltic Germans and trade relations prevailed. The independence of these states was in the eyes of German elite subordinated to the relations with Russia. The article presents this pattern of German policy until the Treaty of Rapallo in 1922.
第一次世界大战后,欧洲许多地区的边界被重新划定,尤其是德国的东北部和东南部。德国几乎所有的政治力量都在努力恢复战前的德国边界,尤其是对波兰的边界。甚至波兰的存在也被许多德国政治势力所否认。在这方面,波罗的海国家对德国来说不那么重要。在这里,与波罗的海德意志人的关系和贸易关系占了上风。在德国精英看来,这些国家的独立服从于与俄罗斯的关系。本文介绍了德国在1922年签订《拉帕洛条约》之前的这种政策模式。
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引用次数: 1
The Emergence of New States in Eastern Europe in 1918—Lessons for All of Europe 1918年东欧新国家的出现——对整个欧洲的教训
IF 0.8 Q2 LAW Pub Date : 2021-05-01 DOI: 10.2478/bjes-2021-0001
Adam Balcer
Abstract The year of 1918 was a crucial point in the history of Europe. Its importance does not only stem from the end of World War I, but also from the establishment of new states. Eastern Europe was particularly an arena where many new states emerged after the dissolution of tsarist Russia. The abovementioned process was correlated with the outcome of World War I (the defeat of the Central Powers on the Western Front and their victory on the Eastern Front against the tsarist Russia resulting in imposing their protectorate over Eastern Europe) but simultaneously it was influenced by the 1917 Bolshevik Revolution originating from a structural crisis of Russia. The legacy of nation-building processes, taking place in the period of 1917–1921 in the European part of the tsarist Russia— even when some of the states did not manage to survive— occupies a key role in the historical memories of those countries. The importance of this legacy originates from the fact that these states often constituted the most progressive nation-building efforts in the world. The wider context of these developments and the important interlinkages existing between them are very often unfamiliar to many Europeans today. Despite that, the state-building attempts, undertaken in Eastern Europe between 1917 and 1921, had a huge impact on the trajectory of European history. Contextualising this particular academic enquiry with the events of 1918 and benefiting from methodological advantages of process tracing, our project represents an attempt to restore (or, if necessary, build from scratch) a communicational system for sending a historical message to a wider Europe. A century after, while celebrating the Finnish, Estonian, Latvian, Lithuanian and Polish truly big anniversaries in 2017–2018, Europeans have already forgotten how interconnected and interlinked the 1918-bound events had been and by how much those events had affected the entire European continent as well as the international system.
摘要1918年是欧洲历史上的一个关键时刻。它的重要性不仅源于第一次世界大战的结束,也源于新国家的建立。在沙俄解体后,东欧尤其是出现了许多新国家的舞台。上述过程与第一次世界大战的结果有关(中央列强在西线的失败和在东线对沙俄的胜利导致他们的保护国强加给东欧),但同时也受到1917年布尔什维克革命的影响,这场革命源于俄罗斯的结构性危机。1917年至1921年在沙俄欧洲地区发生的国家建设进程的遗留问题——即使其中一些国家未能生存下来——在这些国家的历史记忆中发挥着关键作用。这一遗产的重要性源于这样一个事实,即这些国家往往是世界上最进步的国家建设努力。这些事态发展的更广泛背景以及它们之间存在的重要联系,对今天的许多欧洲人来说往往是陌生的。尽管如此,1917年至1921年间在东欧进行的国家建设尝试对欧洲历史的轨迹产生了巨大影响。将这一特定的学术调查与1918年的事件联系起来,并受益于过程追踪的方法优势,我们的项目代表了一种尝试,即恢复(或在必要时从头开始建立)一个向更广泛的欧洲发送历史信息的传播系统。一个世纪后,在2017年至2018年庆祝芬兰、爱沙尼亚、拉脱维亚、立陶宛和波兰真正意义重大的周年纪念日时,欧洲人已经忘记了1918年的事件是如何相互关联和相互关联的,以及这些事件对整个欧洲大陆和国际体系的影响有多大。
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引用次数: 0
The Attitude of the United States to the Baltic Region in 1918–1922: The Example of Latvia 1918-1922年美国对波罗的海地区的态度:以拉脱维亚为例
IF 0.8 Q2 LAW Pub Date : 2021-05-01 DOI: 10.2478/bjes-2021-0006
Ē. Jēkabsons
Abstract The article discusses the attitude of the USA towards the newborn independent Baltic States in 1918–1922 using the most devastated of them—Latvia—as an example. Relations between Latvia and the United States in 1918–1922 reflect Latvia’s intense foreign policy efforts to ensure its political and social development through relations with one of the world’s most influential and powerful economies in spite of the United States’ reserved behavior. In addition, this unique era in Latvia and the Baltic States as a whole (influenced by the Soviet Russian and German factors, war and its aftermath, and the ethnically diverse and complicated social situation) illustrates the specifics of US policy towards Eastern Europe and Russia.
本文以遭受最严重破坏的波罗的海国家拉脱维亚为例,讨论了美国在1918-1922年间对新生独立的波罗的海国家的态度。1918年至1922年拉脱维亚与美国之间的关系反映了拉脱维亚在外交政策上的强烈努力,尽管美国表现出保留态度,但拉脱维亚通过与世界上最有影响力和最强大的经济体之一的关系来确保其政治和社会发展。此外,拉脱维亚和波罗的海国家作为一个整体的独特时代(受苏俄和德国因素的影响,战争及其后果,以及种族多样性和复杂的社会状况)说明了美国对东欧和俄罗斯政策的特殊性。
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引用次数: 0
Interpretable Machine-Learning Approach in Estimating FDI Inflow: Visualization of ML Models with LIME and H2O 估算FDI流入的可解释机器学习方法:用LIME和H2O可视化ML模型
IF 0.8 Q2 LAW Pub Date : 2021-05-01 DOI: 10.2478/bjes-2021-0009
Devesh Singh
Abstract In advancement of interpretable machine learning (IML), this research proposes local interpretable model-agnostic explanations (LIME) as a new visualization technique in a novel informative way to analyze the foreign direct investment (FDI) inflow. This article examines the determinants of FDI inflow through IML with a supervised learning method to analyze the foreign investment determinants in Hungary by using an open-source artificial intelligence H2O platform. This author used three ML algorithms—general linear model (GML), gradient boosting machine (GBM), and random forest (RF) classifier—to analyze the FDI inflow from 2001 to 2018. The result of this study shows that in all three classifiers GBM performs better to analyze FDI inflow determinants. The variable value of production in a region is the most influenced determinant to the inflow of FDI in Hungarian regions. Explanatory visualizations are presented from the analyzed dataset, which leads to their use in decision-making.
摘要在可解释机器学习(IML)的基础上,提出了局部可解释模型无关解释(LIME)作为一种新的可视化技术,以一种新颖的信息方式分析外国直接投资(FDI)流入。本文利用开源人工智能H2O平台,通过IML和监督学习方法检验外商直接投资流入的决定因素,分析匈牙利的外商投资决定因素。本文采用广义线性模型(GML)、梯度增强机(GBM)和随机森林(RF)分类器三种机器学习算法对2001 - 2018年的FDI流入进行了分析。本研究的结果表明,在所有三个分类器中,GBM都能更好地分析FDI流入的决定因素。一个地区的可变生产价值是影响匈牙利地区外国直接投资流入的最重要的决定因素。从分析的数据集中呈现解释性可视化,这导致了它们在决策中的使用。
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引用次数: 4
期刊
TalTech Journal of European Studies
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