Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1238

World Academy of Science, Engineering and Technology

[Law and Political Sciences]

Online ISSN : 1307-6892

1238 A Case Study of the Influence of the Covid-19 pandemic on Racial and Ethnic Gaps in Behavioral Health Care Access

Authors: Shantol McIntosh

Abstract:

Due to environmental and underlying health disparities, the COVID-19 pandemic has caused an added set of economic implications worldwide. Black and Hispanic individuals are more susceptible to contract COVID-19, and if they do, they are more likely to have a severe case that necessitates hospitalization or results in death (Altarum et al., 2020). The literature shows that disparities in health and health treatment are nothing new as they have been recorded for decades and indicate systemic and structural imbalances rooted in racism and discrimination. The purpose of this study is to determine the frequency with which these populations have access to healthcare and treatment. The study will also highlight the key drivers of health disparities. Findings and implications for research and policy will be discussed.

Keywords: COVID-19, racial and ethnic disparities, discrimination, policy

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1237 Hijabs, Burqas and Burqinis: Freedom of Religious Expression In The French Public Sphere

Authors: John Tate

Abstract:

In 2004, the French Parliament banned the “hijab” in public schools, and in 2010 it prohibited the “burqa” and “niqab” in “public places.” The result was a “secular” outcome involving the removal of these garments, often identified with Islamic religious and cultural practice, from the French public sphere. Yet in 2016, the French local council bans on the “burqini” were overruled by France’s highest administrative court, the Conseil d’État, allowing for their retention in the public sphere. Unlike the burqa and hijab bans, the burqini bans produced significant divisions at the highest echelons of the French political class, with the Prime Minister, Manuel Valls, and the President, François Hollande, finding themselves at odds on the issue. This article seeks to achieve four aims. It seeks to (a) explain the contrary outcomes between key French state institutions, such as the Conseil d’État and the French Parliament, concerning the hijab and burqa bans, and the Conseil d’État and French local councils, concerning the burqini bans; (b) to do so by identifying two qualitatively distinct, and at times incompatible, conceptions of laïcité, present within official French public discourse, and applied by these French state institutions to underwrite these respective outcomes; (c) explain why, given these contrary conceptions of laïcité, and these contrary outcomes, the widespread identification of laïcité with “secularism” is both misleading and inaccurate; and (d) provide an explanation why senior members of the French political class were divided on the burqini bans when they were not divided on the nation-wide prohibitions of the hijab in public schools and the burqa in public places. In regard to this last question, the article seeks to ask why the Burqini was “different”?

Keywords: liberalism, republicanism, laïcité, citizenship

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1236 Women, Ethnic Minorities and Electoral Success

Authors: Karen Lesley Webster, Charles Crothers

Abstract:

As the population of the Auckland region in New Zealand becomes markedly more super-diverse, the question of fair and effective representation becomes increasingly relevant. This paper explores who stood and who was elected to local office, in the three Auckland triennial local elections, following the 2010 amalgamation of the regions local authorities. It addresses the question of how representative the electoral candidates and elected members of local government in Auckland were of the diverse population they serve. A quantitative analysis of the gender and ethnicity of the Auckland Council candidates and elected members in 2013, 2016, and 2019 triennial elections was undertaken, and the gender and ethnicity compared with that of the Auckland population. Our findings show that under the two-tiered shared governance model established by the Local Government Act (Auckland Council) 2009, electoral candidates have become more ethnically and gender representative of Aucklanders at the local level, while at the regional level, divergence from predominantly New Zealand European, male local representatives is emerging, albeit with less pace. These findings warrant further investigation, but overall, the research presents a cautiously optimistic picture of Auckland local democracy in terms of increasing representational diversity.

Keywords: local government, representation, diversity, gender, ethnicity

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1235 Reforms in China's Vaccine Administration: Vulnerabilities, Legislative Progresses and the Systemic View of Vaccine Administration Law

Authors: Lin Tang, Xiaoxia Guo, Lingling Zhang

Abstract:

Recent vaccine scandals overshadowed China’s accomplishment of public health, triggering discussions on the causes of vaccine incidents. Through legal interpretation of selected vaccine incidents and analysis of systemic vulnerabilities in vaccine circulation and lot release, a panoramic review of legislative progresses in the vaccine administration sheds the light on this debate. In essence, it is the combination of the lagging legal system and the absence of information technology infrastructure in the process of vaccine administration reform that has led to the recurrence of vaccine incidents. These findings have significant implications for further improvement of vaccine administration and China’s participation in global healthcare.

Keywords: legislation, lot release, public health, reform, vaccine administration, vaccine circulation

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1234 Grassroots Feminist Organizing in the Shadow of State Feminism in Ethiopia

Authors: Tina Beyene

Abstract:

In this paper examines the state of grassroots feminist activism in the backdrop of state feminism in Ethiopia. Specifically, I examine the impact of the Charities and Societies Proclamation (aka CSO law), a 2009 law that banned so-called foreign NGOs—i.e., those receiving more than 10% of its operating budget from non-local sources— from working in the areas of human rights, democracy, governance, and gender equality. Viewed as government retribution for the NGO opposition to the government in the 2005 elections, the law aimed to halt the work groups such as the Ethiopian Women Lawyers Association (EWLA), who were defined as a “foreign” NGO. Based on interviews with prominent Ethiopian women’s rights leaders in Addis Ababa, Ethiopia, I assess how grassroots feminist organizing adapts to state suppression on the one hand, and the aggressive entry of the state into women’s rights work on the other hand. While the 2009 law has slowed down the work of women’s rights activism, displaced feminists view feminist advocacy as cyclical and the state as neither fully adversarial nor an ally but rather as an instable entity that at times provides political openings to push ambitious feminist agendas. Grassroots activists are regrouping and developing new political responses strategies such as coding rights issues to fit state mandate; dissembling rights work in permissible social provision language; rechanneling political work into informal spaces and unregistered social clubs; innovating new funding partnerships, and reassembling as privately held research and advocacy companies. my study reveals how grassroots feminist politics operates in the shadow of a hostile state and within the confines of local politics.

Keywords: grassroots feminism, ethiopian feminism, civil society and gender, state feminism

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1233 Revolution and Nationalism: The Grenada Revolution (1979-83) Contributed Significantly to the Development of a Grenada Nationalism

Authors: Oliver Benoit

Abstract:

On 13 March 1979, a left-wing political party formed in the 1970s overthrew Eric Gairy's government and established the People's Revolutionary Government which governed Grenada from (1979-1983). On the morning of 13 March 1979, the People's Revolutionary Government leader, Maurice Bishop, appealed to the people of Grenada to assist the forces of the revolution in consolidating its newly acquired political power. A cross-section of the Grenadian population responded positively to Maurice Bishop's appeal. Within the four and a half years of the revolution, noticeable social, political, and economic changes affected all areas of social life before internal divisions caused the revolution's collapse. Forty-two years following the revolution's collapse, intellectuals and commentators continue to argue about the impact of the Grenada Revolution on societal and national development. However, the revolution's impact on the spread of nationalism in Grenada is yet to be analyzed. Nationalism, as a modern phenomenon, has impacted many societies since its emergence in England in the seventeenth century, and Grenada is no exception. The paper argues that the Grenada Revolution was motivated by nationalist sentiments and the revolution itself fostered the development of nationalism in Grenada. The argument relies on 40 interviews; people who currently reside in Grenada (2020) and live in Grenada during the revolution as young adults and adults (ages 15 and beyond) and have memories of their experiences of the revolution. The sample of 40 respondence represents about 20,000 people in Grenada who are within the study population between 55 and 75 years today (2020).

Keywords: grenada, motivation, nationalism, revolution

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1232 Integrating a Universal Forensic DNA Database: Anticipated Deterrent Effects

Authors: Karen Fang

Abstract:

Investigative genetic genealogy has attracted much interest in both the field of ethics and the public eye due to its global application in criminal cases. Arguments have been made regarding privacy and informed consent, especially with law enforcement using consumer genetic testing results to convict individuals. In the case of public interest, DNA databases have the strong potential to significantly reduce crime, which in turn leads to safer communities and better futures. With the advancement of genetic technologies, the integration of a universal forensic DNA database in violent crimes, crimes against children, and missing person cases is expected to deter crime while protecting one’s privacy. Rather than collecting whole genomes from the whole population, STR profiles can be used to identify unrelated individuals without compromising personal information such as physical appearance, disease risk, and geographical origin, and additionally, reduce cost and storage space. STR DNA profiling is already used in the forensic science field and going a step further benefits several areas, including the reduction in recidivism, improved criminal court case turnaround time, and just punishment. Furthermore, adding individuals to the database as early as possible prevents young offenders and first-time offenders from participating in criminal activity. It is important to highlight that DNA databases should be inclusive and tightly governed, and the misconception on the use of DNA based on crime television series and other media sources should be addressed. Nonetheless, deterrent effects have been observed in countries like the US and Denmark with DNA databases that consist of serious violent offenders. Fewer crimes were reported, and fewer people were convicted of those crimes- a favorable outcome, not even the death penalty could provide. Currently, there is no better alternative than a universal forensic DNA database made up of STR profiles. It can open doors for investigative genetic genealogy and fostering better communities. Expanding the appropriate use of DNA databases is ethically acceptable and positively impacts the public.

Keywords: bioethics, deterrent effects, DNA database, investigative genetic genealogy, privacy, public interest

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1231 Lies of Police Interrogators in the Ultimatum Game

Authors: Eitan Elaad

Abstract:

The present study's purpose was to examine lyingand pretend fairness by police interrogators in sharing situations. Forty police officers and 40 laypeople from the community, all males, self-assessed their lie-telling ability, rated the frequency of their lies, evaluated the acceptability of lying, and indicated using rational and intuitive thinking while lying. Next, according to the ultimatum game procedure, participants were asked to share 100 points with a virtual target, either a male police interrogator or a male layman. Participantsallocated points to the target person bearing in mind that the other person must accept their offer. Participants' goal was to retain as many points as possible, and to this end, they could tell the target person that fewer than 100 points were available for distribution. The difference between the available 100 points and the sum of points designated for sharing defines lying. The ratio of offered and designated points defines pretend fairness. Results indicate that those police officers lied more than laypeople. Similar results emergedeven when the target person was a police interrogator. However, police interrogators presented higher pretend fairness than laypeople. The higher pretend fairness may be in line with interrogation tactics of persuasion used in the criminal interrogation. Higher-lying frequency reported by police interrogators compared with laypeople support the present results. Finally, lie acceptability predicted lying in the ultimatum game. Specifically, participants who rated lying as more acceptable tended to lie more than low acceptability raters.

Keywords: lying, police interrogators, lie acceptability, ultimatum game, pretend fairness

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1230 From Shelf to Shell - The Corporate Form in the Era of Over-Regulation

Authors: Chrysthia Papacleovoulou

Abstract:

The era of de-regulation, off-shore and tax haven jurisdictions, and shelf companies has come to an end. The usage of complex corporate structures involving trust instruments, special purpose vehicles, holding-subsidiaries in offshore haven jurisdictions, and taking advantage of tax treaties is soaring. States which raced to introduce corporate friendly legislation, tax incentives, and creative international trust law in order to attract greater FDI are now faced with regulatory challenges and are forced to revisit the corporate form and its tax treatment. The fiduciary services industry, which dominated over the last 3 decades, is now striving to keep up with the new regulatory framework as a result of a number of European and international legislative measures. This article considers the challenges to the company and the corporate form as a result of the legislative measures on tax planning and tax avoidance, CRS reporting, FATCA, CFC rules, OECD’s BEPS, the EU Commission's new transparency rules for intermediaries that extends to tax advisors, accountants, banks & lawyers who design and promote tax planning schemes for their clients, new EU rules to block artificial tax arrangements and new transparency requirements for financial accounts, tax rulings and multinationals activities (DAC 6), G20's decision for a global 15% minimum corporate tax and banking regulation. As a result, states are found in a race of over-regulation and compliance. These legislative measures constitute a global up-side down tax-harmonisation. Through the adoption of the OECD’s BEPS, states agreed to an international collaboration to end tax avoidance and reform international taxation rules. Whilst the idea was to ensure that multinationals would pay their fair share of tax everywhere they operate, an indirect result of the aforementioned regulatory measures was to attack private clients-individuals who -over the past 3 decades- used the international tax system and jurisdictions such as Marshal Islands, Cayman Islands, British Virgin Islands, Bermuda, Seychelles, St. Vincent, Jersey, Guernsey, Liechtenstein, Monaco, Cyprus, and Malta, to name but a few, to engage in legitimate tax planning and tax avoidance. Companies can no longer maintain bank accounts without satisfying the real substance test. States override the incorporation doctrine theory and apply a real seat or real substance test in taxing companies and their activities, targeting even the beneficial owners personally with tax liability. Tax authorities in civil law jurisdictions lift the corporate veil through the public registries of UBO Registries and Trust Registries. As a result, the corporate form and the doctrine of limited liability are challenged in their core. Lastly, this article identifies the development of new instruments, such as funds and private placement insurance policies, and the trend of digital nomad workers. The baffling question is whether industry and states can meet somewhere in the middle and exit this over-regulation frenzy.

Keywords: company, regulation, TAX, corporate structure, trust vehicles, real seat

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1229 Assessing India’s Foreign Policy Towards Afghanistan

Authors: Saifurahman Fayiz

Abstract:

Afghanistan and India have close technical, political, economic, and diplomatic bilateral ties. The ties is not limited between the governments of the two countries, but their relationship are among the peoples. India is the best regional trustworthy partner and biggest donor for the development of Afghanistan. The objectives of this study to assess India’s foreign policy towards Afghanistan since 9\11. The research method conducted based on qualitative research method with descriptive. The research findings propose that; India should deal with and build up its strategy relations with neighbor countries.

Keywords: strategy, policy, India, Afghanistan

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1228 Absolute Liability in International Human Rights Law

Authors: Gassem Alfaleh

Abstract:

In Strict liability, a person can be held liable for any harm resulting from certain actions or activities without any mistake. The liability is strict because a person can be liable when he or she commits any harm with or without his intention. The duty owed is the duty to avoid causing the plaintiff any harm. However, “strict liability is imposed at the International level by two types of treaties, namely those limited to giving internal effect to treaty provisions and those that impose responsibilities on states. The basic principle of strict liability is that there is a liability on the operator or the state (when the act concerned is attributable to the state) for damage inflicted without there being a need to prove unlawful behavior”. In international human rights law, strict liability can exist when a defendant is in legal jeopardy by virtue of an internationally wrongful act, without any accompanying intent or mental state. When the defendant engages in an abnormally dangerous activity against the environment, he will be held liable for any harm it causes, even if he was not at fault. The paper will focus on these activities under international human rights law. First, the paper will define important terms in the first section of the paper. Second, it will focus on state and non-state actors in terms of strict liability. Then, the paper will cover three major areas in which states should be liable for hazardous activities: (1) nuclear energy, (2) maritime pollution, (3) Space Law, and (4) other hazardous activities which damage the environment.

Keywords: human rights, law, legal, absolute

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1227 Meeting the Challanges of Regulating Artificial Intelligence

Authors: Abdulrahman S. Shryan Aldossary

Abstract:

Globally, artificial intelligence (AI) is already performing legitimate tasks on behalf of humans. In Saudi Arabia, large-scale national projects, primarily based on AI technologies and receiving billions of dollars of funding, are projected for completion by 2030. However, the legal aspect of these projects is seriously vulnerable, given AI’s unprecedented ability to self-learn and act independently. This paper, therefore, identifies the critical legal aspects of AI that authorities and policymakers should be aware of, specifically whether AI can possess identity and be liable for the risk of public harm. The article begins by identifying the problematic characteristics of AI and what should be considered by legal experts when dealing with it. Also discussed are the possible competent institutions that could regulate AI in Saudi Arabia. Finally, a procedural proposal is presented for controlling AI, focused on Saudi Arabia but potentially of interest to other jurisdictions facing similar concerns about AI safety.

Keywords: regulation, artificial intelligence, tech law, automated systems

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1226 Roles of Governmental and Non-governmental Bodies on Chain Remand Complaints in Malaysia

Authors: Ifa Sirrhu Samsudin, Ramalinggam Rajamanickam, Rohaida Nordin

Abstract:

The practice of chain remand would cause human rights violations if the application was granted without reasonable cause and reason. This chain remand problem was tried to be addressed in 2007, which was amongst the factors that led to the amendment of the Criminal Procedure Code (CPC) at that time due to the defilement of human liberty. In Malaysia, there are governmental and non-governmental bodies that are active in ensuring that the human rights of the entire community are protected from being violated. The issue of wrongful detention involving chain remand during an investigation is not a new issue. This issue is constantly highlighted and efforts to address it are often raised by the responsible parties. This study aims to analyse the roles of these bodies in dealing with chain remand complaints in Malaysia using a qualitative research approach by way of in-depth interviews, roundtable discussions and documents analysis. The study discovered that these bodies were able to investigate the complaints but did not have a role in taking any actions. Their role is only to provide recommendations to the complainants to take action. Therefore, this study suggested the function should be given to certain bodies to curb the problem based on solid evidence.

Keywords: liberty, complaints, chain remand, government

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1225 Exploring the Profiles of Juvenile Militants in the Sabaoon De-Radicalization and Emancipation Program in the Swat Valley of Pakistan

Authors: Lateef Hakim Zai Khyber, Syed Rashid Ali

Abstract:

In the post 9/11 era, a new trend has developed of terrorist profiling on the basis of the ethnic, religious, political, psychological, social, and economic background of the terrorists to anticipate and assess the possible risk and to prevent and prosecute the suspected before they commit any violent act. The same profiling approach was adopted in different militant or terrorists’ de-radicalization and rehabilitation programs across the world in order to evaluate and identify the reasons and causes for joining terrorism in terms of push and pull factors. This paper attempts to explore and investigate the profiles of the detainees in the Sabaoon de-radicalization and Emancipation program, which aimed at de-radicalizing the former militants of Tehrik-e-Taliban (TTP) Pakistan in the Swat valley of Pakistan. This research attempted to use a qualitative method for collecting data, including a number of formal and informal open-ended interviews from the former staff members of Sabaoon to explore various aspects of the program, such as various approaches used at Sabaoon for terrorists profiling. It conducts a thorough examination of the profiles of the terrorist through their socio-economic, ideological, emotional, intellectual, and psychological conditions and orientations, their personal details, family issues, and social preferences, etc. The study finds out that the majority of the terrorists belonged to the marginalized groups or lower class, including underprivileged tenants and poor laborers, of the society having no access to land. They possess almost the same profiles, including low socioeconomic status, absence of father or strict behavior of parents, large and combined families, lack of education, lack of religious understanding etc. They also possess some common traits such as anxiety disorder, emotional instability, aggressive impulses and insecurity, depression, inferiority complex, lack of critical thinking and logical reasoning, authority-seeking behavior, and revenge seeking behavior.

Keywords: terrorist profiling, Sabaoon, de-radicalization, rehabilitation, Swat, Pakistan, juvenile militants

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1224 The Impact of COVID-19 Pandemic on the Issue and Ideological Congruence of Trump and Bolsonaro Administrations

Authors: Flavio Contrera, Paulo Cesar Gregorio

Abstract:

Recent political developments and government control actions in the face of the COVID-19 pandemic draw attention to the contrast between the duties of government and the demands of democratic representation. Elected by mobilizing far-right issues, Trump and Bolsonaro moved away from the WHO guidelines but had to accommodate demands on the health and on the social protection system on the one hand and demands from the economic sector on the other. This study used the MARPOR Project method to assess the impact of the COVID-19 pandemic on the issue and ideological congruence between the electoral and governmental arena in both the Trump and Bolsonaro Administrations. Findings reveal issue congruence between arenas in "National Way of Life: Positive", "Law and Order," and "Technology and Infrastructure" for Donald Trump, and "Welfare State Expansion" for Bolsonaro. Ideological estimation results show that Trump and Bolsonaro positioned to the right in their presidential elections, initially moved to the center-right. However, welfare policies actions at high frequency during the COVID-19 pandemic moved the ideological estimations of both governments to the center-left, despite their denial rhetoric.

Keywords: congruence, COVID-19, Donald Trump, Jair Bolsonaro

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1223 An Empirical Analysis of the Employee’s Duty to Disclose Stress-Related Mental Illness to their Employer under the Common Law on Occupational Stress

Authors: Silvanus Tanifon

Abstract:

The common law tort of negligence dealing with stress in the workplace has imposed an obligation on employees to notify their manager of any symptoms of stress or mental ill-health. This duty, which stems from the UK case of Hatton v Sutherland, has been the subject of intense criticisms. Legal scholars and practitioners have argued that in requiring employees to reveal their mental health issues to their employer, the Hatton case failed to consider that most employees would be wary of speaking out due to fear of stigma, dismissal, or lack of awareness. Notwithstanding these concerns, the principle articulated in the Hatton case has remained intact, with judges in England, Northern Ireland, and Ireland applying it in numerous occupational stress claims. Strikingly, there has been no attempt to verify if the concerns voiced by commentators are valid and, if so, what the courts can do to remedy these problems. This study seeks to cover this gap by conducting a systematic survey to find and catalogue all occupational stress claims decided by appellate courts in England, Ireland, and Northern Ireland since the Hatton judgment. It then subjected these cases to a quantitative Systematic Content Analysis, manually coding for (1) instances where employees have failed to reveal symptoms of stress and mental illness to their employer and (2) the reasons for this failure. The study finds that in 30 per cent of the stress claims that have come before the courts, employees have failed to disclose symptoms of stress and psychiatric problems as required by the common law. It also finds that the reasons for this failure range from fear of exposure to stigma, fear of dismissal, fear that the manager would be unsympathetic, lack of awareness about mental illness, among other factors. Based on these findings and insights from the emerging literature on disclosure of mental health issues in the workplace, the study argues that the common law obligation to reveal stress-related mental illness is too burdensome and unreasonable. It concludes by suggesting how the courts could remedy the problems associated with this legal principle.

Keywords: common law, disclosure of stress-related psychiatric injury, hatton v sutherland 16 practical propositions, mental health issues in the workplace, negligence law, occupational stress, stress-induced psychiatric injury

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1222 Political Economy of Ungoverned Spaces and Rural Armed Banditry in Nigeria

Authors: Collins Ogbu, Godwin Johnny Akpan, James NDA Jacob

Abstract:

The debilitating outcomes of violent conflict, consummated by rural armed banditry have nonetheless, occasioned the need for the mapping of crime zones in Nigeria. As a step towards understanding the scourge of armed bandits, ungoverned spaces have been uncovered as the most dominant excuse for rural crimes and fierce confrontations. From the creeks of the Niger Delta to the forest of Sambisa, Small Arms and Light Weapons (SALW) have proliferated to the vagaries of national insecurity. While the trends present indications of State fragility, the paucity of governance in these so-called ungoverned spaces has persistently reflected a Hobbesian state of nature, where the fittest survives. This study, therefore, interrogates the demographic implications of these ungoverned spaces by specifically identifying the most immediate features of the characters in the areas under investigation. The Farmers-Herders Crises, Niger-Delta Militancy, Boko-Haram Insurgency, Armed Robbery, Kidnapping and Cattle Rustling all define the major focus. In undertaking this study, anecdotal sources will be relied on, while extant information on the concept of ungoverned spaces will be content-analyzed. It is hoped that the knowledge gathered, as a result, will ultimately aid in proffering a dependable panacea to the crises of rural armed banditry in Nigeria.

Keywords: ungoverned spaces, rural armed banditry, state fragility, conflicts

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1221 Auction Theory In Competitive Takeovers: Ideas For Regulators

Authors: Emanuele Peggi

Abstract:

The regulation of competitive takeover bids is one of the most problematic issues of any legislation on takeovers since it concerns a particular type of market, that of corporate control, whose peculiar characteristic is that companies represent "assets" unique of their kind, for each of which there will be a relevant market characterized by the presence of different subjects interested in acquiring control. Firstly, this work aims to analyze, from a comparative point of view, the regulation of takeover bids in competitive scenarios, characterized by the presence of multiple takeover bids for the same target company, and contribute to the debate on the impact that various solutions adopted in some legal systems examined (Italy, UK, and USA) have had on the efficiency of the market for corporate control. Secondly, the different auction models identified by the economic literature and their possible applications to corporate acquisitions in competitive scenarios will be examined, as well as the consequences that the application of each of them causes on the efficiency of the market for corporate control and the interests of the target shareholders. The scope is to study the possibility of attributing to the management of the target company the power to design the auction in order to better protect the interests of shareholders through the adoption of ad hoc models according to the specific context. and in particular on the ground of their assessment of the buyer's risk profile.

Keywords: takeovers, auction theory, shareholders, target company

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1220 Using the Family Justice System to Respond to ISIS Returnees: The UK Experience

Authors: Fatima Ahdash

Abstract:

Over the last 6-7 years, the UK has resorted to using the family courts and the family justice system more generally as a way of dealing with children and young people either traveling to or returning from ISIS territories in the Middle East. This is an important innovation in counter-terrorism laws and practices in the UK: never before have the family courts been used for the purpose of preventing and countering terrorism anywhere in the world. This paper will examine this innovation; it will explore how, why, and the implications of the interaction between family law and counter-terrorism, particularly on the human rights of the parents and children involved. It will question whether the use of the family courts provides a more useful, and perhaps human rights compliant, method of tackling terrorism and extremism when compared to other more Draconian legal and administrative methods.

Keywords: counter-terrorism, family justice, law, human rights

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1219 Methodology for Obtaining Food Licenses in India

Authors: Rathna Malhotra Gaur

Abstract:

Owing to multiplicity and competition in the Indian food industry, it was always important for the government of India to bring in reforms that would protect the interest of the consumer and also the food operator. To further this objective, Food Safety, and Standards Act, 2006 (hereinafter referred to as FSSAI) was enacted for laying down science-based standards for articles and food and to regulate their storage, distribution, manufacture, same and import and to ensure safe food availability to the citizens of India. One of the safeguards towards consumer interest is the enactment of Food Safety and Standards (Licensing and Registration of Food Businesses, Regulation, 2011 within the mandate of FSSAI. It is mandatory for every food operator in India to get the registration certificate and procurement of food Licenses before starting operations in the country. All the nuances pertaining to the procurement of licenses are dealt with under these regulations. These regulations also lay down detailed provisions with regard to the conditions that the operator has to adhere to once the License is procured, going to the integrities of the safety and hygiene standards to be maintained by the food operators. This paper is an exhaustive effort to examine the provisions of obtaining the registration and License in India and the conditions that need to be fulfilled subsequently and further on the validity and renewal of these Food Licenses.

Keywords: food laws, food licenses, food registration, penalty

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1218 Systematic Literature Review on Rural Development for Peacebuilding

Authors: Viviana Oquendo, Mario Garcia

Abstract:

Conflict is a normal part of social change, given the heterogeneity of values, beliefs, and actions. Still, human evolution invites us to deal with such differing interests in non-violent ways. To address such change, peacebuilding focuses on problem-solving and reconciliation in place of violent conflict. In parallel, conflicts take different shapes depending on their rural or urban context. Rurality has long been associated with poverty, inequality, isolation, poor infrastructure, and competition between large-scale agriculture, small farms, and non-farm rural economies. These characteristics are targets for rural development, and they are sources of social conflict. Therefore, it is valuable to understand better the relationship between rural development and peacebuilding. Academic research has examined these two concepts through specific topics (e.g., gender, mental health, land tenure) but has not adequately linked them in a broad sense. This paper fills that gap through a systematic review of the literature, relating the concepts ‘rural development’ and ‘peacebuilding.’ This review provides a much needed clarification of each concept while reviewing the most relevant topics, findings, and theories published in the past 42 years. We conclude by identifying several remaining and important research questions about what may enhance peacebuilding in rural lands.

Keywords: rural, development, peacebuilding, conflict resolution

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1217 Artificial Intelligence and Police

Authors: Mehrnoosh Abouzari

Abstract:

Artificial intelligence has covered all areas of human life and has helped or replaced many jobs. One of the areas of application of artificial intelligence in the police is to detect crime, identify the accused or victim and prove the crime. It will play an effective role in implementing preventive justice and creating security in the community, and improving judicial decisions. This will help improve the performance of the police, increase the accuracy of criminal investigations, and play an effective role in preventing crime and high-risk behaviors in society. This article presents and analyzes the capabilities and capacities of artificial intelligence in police and similar examples used worldwide to prove the necessity of using artificial intelligence in the police. The main topics discussed include the performance of artificial intelligence in crime detection and prediction, the risk capacity of criminals and the ability to apply arbitray institutions, and the introduction of artificial intelligence programs implemented worldwide in the field of criminal investigation for police.

Keywords: police, artificial intelligence, forecasting, prevention, software

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1216 Detentions in Kashmir: A Review of Impact of J&K PSA, 1978

Authors: Naseer Ahmad Bhat

Abstract:

Jammu and Kashmir Public Safety Act, 1978 provides for administrative detention in Jammu and Kashmir, a disputed region between India & Pakistan, since 1947. This paper shall critically analyse the working of PSA (Public Safety Act) in this J&K since 1978, since its inception. Detentions under this Act traverse between the security of the State and Liberty of citizens but over decades, has this Act served its purpose in Kashmir or not shall be analysed in this paper. J&K PSA is used to detain political workers, Over-Ground Workers and Stone Pelters who pose a direct threat to the ‘security of the State.’ Detentions under J&K PSA are a good measure in the hands of Security agencies to bring calm during periods of turmoil, but it has socio-economic consequences for detainees as well as families. This paper shall highlight the Socio-Economic impact of detentions under J&K PSA on individuals and families.

Keywords: detentions, Kashmir, public safety act, liberty, security

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1215 Cognition and Communication Disorders Effect on Death Penalty Cases

Authors: Shameka Stanford

Abstract:

This presentation will discuss how cognitive and communication disorders in the areas of executive functioning, receptive and expressive language can impact the problem-solving and decision making of individuals with such impairments. More specifically, this presentation will discuss approaches the legal defense team of capital case lawyers can add to their experience when servicing individuals who have a history of educational decline, special education, and limited intervention and treatment. The objective of the research is to explore and identify the correlations between impaired executive function skills and decision making and competency for individuals facing death penalty charges. To conduct this research, experimental design, randomized sampling, qualitative analysis was employed. This research contributes to the legal and criminal justice system related to how they view, defend, and characterize, and judge individuals with documented cognitive and communication disorders who are eligible for capital case charges. More importantly, this research contributes to the increased ability of death penalty lawyers to successfully defend clients with a history of academic difficulty, special education, and documented disorders that impact educational progress and academic success.

Keywords: cognitive impairments, communication disorders, death penalty, executive function

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1214 The Impact of Cognition and Communication on the Defense of Capital Murder Cases

Authors: Shameka Stanford

Abstract:

This presentation will discuss how cognitive and communication disorders in the areas of executive functioning, receptive and expressive language can impact the problem-solving and decision making of individuals with such impairments. More specifically, this presentation will discuss approaches the legal defense team of capital case lawyers can add to their experience when servicing individuals who have a history of educational decline, special education, and limited intervention and treatment. The objective of the research is to explore and identify the correlations between impaired executive function skills and decision making and competency for individuals facing death penalty charges. To conduct this research, experimental design, randomized sampling, qualitative analysis was employed. This research contributes to the legal and criminal justice system related to how they view, defend, and characterize, and judge individuals with documented cognitive and communication disorders who are eligible for capital case charges. More importantly, this research contributes to the increased ability of death penalty lawyers to successfully defend clients with a history of academic difficulty, special education, and documented disorders that impact educational progress and academic success.

Keywords: communication disorders, cognitive disorders, capital murder, death penalty, executive function

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1213 Unified Theory of the Security Dilemma: Geography, MAD and Democracy

Authors: Arash Heydarian Pashakhanlou

Abstract:

The security dilemma is one of the key concepts in International Relations (IR), and the numerous engagements with it have created a great deal of confusion regarding its essence. That is why this article seeks to dissect the security dilemma and rebuild it from its foundational core. In doing so, the present study highlights that the security dilemma requires interaction among actors that seek to protect themselves from other's capacity for harm under the condition of uncertainty to operate. In this constellation, actors are confronted with the dilemma of motives, power, and action, which they seek to resolve by acquiring information regarding their opponents. The relationship between the parties is shaped by the harm-uncertainty index (HUI) consisting of geographical distance, MAD, and joint democracy that determines the intensity of the security dilemma. These elements define the unified theory of the security dilemma (UTSD) developed here. UTSD challenges the prevailing view that the security dilemma is a unidimensional paradoxical concept, regulated by the offense-defense balance and differentiation that only occurs in anarchic settings with tragic outcomes and is equivalent to the spiral model.

Keywords: security dilemma, revisionism, status quo, anarchy, uncertainty, tragedy, spiral, deterrence

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1212 Infringement of Patent Rights with Doctrine of Equivalent for Turkey

Authors: Duru Helin Ozaner

Abstract:

Due to the doctrine of equivalent, the words in the claims' sentences are insufficient for the protection area provided by the patent registration. While this situation widens the boundaries of the protection area, it also obscures the boundaries of the protected area of patents. In addition, it creates distrust for third parties. Therefore, the doctrine of equivalent aims to establish a balance between the rights of patent owners and the legal security of third parties. The current legal system of Turkey has been tried to be created as a parallel judicial system to the widely applied regulations. Therefore, the regulations regarding the protection provided by patents in the current Turkish legal system are similar to many countries. However, infringement through equivalent is common by third parties. This study, it is aimed to explain that the protection provided by the patent is not only limited to the words of the claims but also the wide-ranging protection provided by the claims for the doctrine of equivalence. This study is important to determine the limits of the protection provided by the patent right holder and to indicate the importance of the equivalent elements of the protection granted to the patent right holder.

Keywords: patent, infringement, intellectual property, the doctrine of equivalent

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1211 Providing Tailored as a Human Rights Obligation: Feminist Lawyering as an Alternative Practice to Address Gender-Based Violence Against Women Refugees

Authors: Maelle Noir

Abstract:

International Human rights norms prescribe the obligation to protect refugee women against violence which requires, inter alia, state provision of justiciable, accessible, affordable and non-discriminatory access to justice. However, the interpretation and application of the law still lack gender sensitivity, intersectionality and a trauma-informed approach. Consequently, many refugee survivors face important structural obstacles preventing access to justice and often experience secondary traumatisation when navigating the legal system. This paper argues that the unique nature of the experiences of refugees with gender-based violence against women exacerbated throughout the migration journey calls for a tailored practice of the law to ensure adequate access to justice. The argument developed here is that the obligation to provide survivors with justiciable, accessible, affordable and non-discriminatory access to justice implies radically transforming the practice of the law altogether. This paper, therefore, proposes feminist lawyering as an alternative approach to the practice of the law when addressing gender-based violence against women refugees. First, this paper discusses the specific nature of gender-based violence against refugees with a particular focus on two aspects of the power-violence nexus: the analysis of the shift in gender roles and expectations following displacement as one of the causes of gender-based violence against women refugees and the argument that the asylum situation itself constitutes a form of state-sponsored and institutional violence. Second, the re-traumatising and re-victimising nature of the legal system is explored with the objective to demonstrate States’ failure to comply with their legal obligation to provide refugee women with effective access to justice. Third, this paper discusses some key practical strategies that have been proposed and implemented to transform the practice of the law when dealing with gender-based violence outside of the refugee context. Lastly, this analysis is applied to the specificities of the experiences of refugee survivors of gender-based violence.

Keywords: feminist lawyering, feminist legal theory, gender-based violence, human rights law, intersectionality, refugee protection

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1210 Study on the Situation between France and the South China Sea from the Perspective of Balance of Power Theory

Authors: Zhenyi Chen

Abstract:

With the rise of China and the escalation of tension between China and the United States, European countries led by Great Britain, France, and Germany pay increasing attention to the regional situation in the Asia-Pacific (now known as "Indo-Pacific"). Among them, the South China Sea (SCS) is one of the main areas disputed by China, the United States, Southeast Asian countries and some European countries. Western countries are worried that the rise of China's military power will break the stability of the situation in SCS and alter the balance of power among major powers. Therefore, they tried to balance China's rise through alliance. In France's Indo-Pacific strategy, France aims to build a regional order with the alliance of France, India and Australia as the core, and regularly carry out military exercises targeting SCS with the United States, Japan and Southeast Asian countries. For China, the instability of the situation in SCS could also threaten the security of the southeast coastal areas and Taiwan, affect China's peaceful development process, and pose a threat to China's territorial sovereignty. This paper aims to study the activities and motivation of France in the South China Sea, and put the situation in SCS under the perspective of Balance of Power Theory, focusing on China, America and France. To be more specific, this paper will first briefly introduce Balance of Power Theory, then describe the new trends of France in recent years, followed with the analysis on the motivation of the increasing trend of France's involvement in SCS, and finally analyze the situation in SCS from the perspective of "balance of power" theory. It will be argued that great powers are carefully maintaining the balance of military power in SCS, and it is highly possible that this trend would still last in the middle and long term, particularly via military deployment and strategic alliances.

Keywords: South China Sea, France, China, balance of power theory, Indo-Pacific

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1209 EU Border Externalisation in Conflict Zones: Living at and Migrating Across the Iran-Turkey Border

Authors: Karolína Augustovaá

Abstract:

Turkey’s eastern borders have been at the center of criticism by the European Commission who condemns restrictions against Kurdish civilians as the result of Turkey’s military operations against terrorist organizations (namely PKK). Yet, the Commission has launched economic and political support for numerous military projects along the Iran-Turkey border to fight cross-border crime (namely “illegal” migration) along its external borders. Whilst border externalization has been extensively examined in the EU’s wide neighborhood, its analysis from the ground in conflict zones is emerging. The existing analysis also rarely considers the impact of external border management beyond international migration - on the local context and its people. However, tough externalization policies at borders, where local wars are fought, are fundamental to scrutinize as they invite us to question the effects of EU’s migration management on diverse communities navigating their life along external borders. To fill this research lacunae, this article examines intersections between the local military operations and international (EU-Turkey) migration management at the Turkey’s border with Iran and questions their impact on the everyday struggles of people living at and migrating across the border. To do so, it applies critical feminist and military literature to border studies. Methodologically, the article draws upon ethnographic research in Van (Eastern Turkey), using participant observations and interviews with sixty participants. This article argues that the EU’s externalization policies add to the violence generated by the local militarized conflict and eventually (re-)produce it in the forms of push-backs and physical violence against people who daily cross the border irregularly for their physical/economic survival. By doing so, I suggest that (inter)national fears of terrorism and migration inter-sect, materialize and affect everyday sites of diverse racialized groups living at and moving across external borders, such as international migrants (Afghans) and the local residents (Kurds) at the Turkey-Iran border. This article highlights the need to analyze the local border context in tandem with international migration management in the EU’s wider neighborhood to understand how conflict and violence evolves there.

Keywords: european union border externalization, eastern turkey, migration, conflict, kurdish question

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