Search results for: Hungarian law on legal capacity
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 5771

Search results for: Hungarian law on legal capacity

5471 Determination of the Bearing Capacity of Granular Pumice Soils by Laboratory Tests

Authors: Mustafa Yildiz, Ali Sinan Soganci

Abstract:

Pumice soils are countered in many projects such as transportation roads, channels and residential units throughout the World. The pumice deposits are characterized by the vesicular nature of their particles. When the pumice soils are evaluated considering the geotechnical viewpoint, they differ from silica sands in terms of physical and engineering characteristics. These differences are low grain strength, high friction angle, void ratio and compressibility. At stresses greater than a few hundred kPa, the stress-strain-strength behaviour of these soils is determined by particle crushing. Particle crushing leads to changes in the density and reduction in the components of shear stress due to expansion. In this study, the bearing capacity and behaviour of granular pumice soils compared to sand-gravels were investigated by laboratory model tests. Firstly the geotechnical properties of granular pumice soils were determined; then, the behaviour of pumice soils with an equivalent diameter of sand and gravel soils were investigated by model rectangular and circular foundation types and were compared with each other. For this purpose, basic types of model footing (15*15 cm, 20*20 cm, Φ=15 cm and Φ=20 cm) have been selected. When the experimental results of model bearing capacity are analyzed, the values of sand and gravel bearing capacity tests were found to be 1.0-1.5 times higher than the bearing capacity of pumice the same size. This fact has shown that sand and gravel have a higher bearing capacity than pumice of the similar particle sizes.

Keywords: pumice soils, laboratory model tests, bearing capacity, laboratory model tests, Nevşehir

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5470 Assessment of Yield and Water Use Efficiency of Soybean under Deficit Irrigation

Authors: Meysam Abedinpour

Abstract:

Water limitation is the main challenge for crop production in a semi-arid environment. Deficit irrigation is a strategy that allows a crop to sustain some degree of water deficit in order to reduce costs and potentially increase income. For this goal, a field experimental carried out at Asrieh fields of Gorgan city in the north of Iran, during summer season 2011. The treatments imposed were different irrigation water regimes (i.e. W1:70, W2:80, W3:90, and W4:100) percent of field capacity (FC). The results showed that there was Significant difference between the yield and (WUE) under different levels of irrigation, excepting of soil moisture content at field capacity (W4) and 90% of field capacity (W3) on yield and water use efficiency (WUE). The seasonal irrigation water applied were (i.e. 375, 338, 300, and 263 mm ha-1) under different irrigation water treatments (100, 90, 80, 80 and 70%) of FC, respectively. Grain yield productions under treatments were 4180, 3955, 3640, and 3355 (kg ha-1) respectively. Furthermore, the results showed that water use efficiency (WUE) at different treatments were 7.67, 7.79, 7.74, and 7.75 Kg mm ha-1 for (100, 90, 80, and 70) per cent of field capacity, therefore the 90 % of FC treatment (W3) is recommended for Soybean irrigation for water saving. Furthermore, the result showed that the treatment of 90 % of filed capacity (W3) seemed to be better adapted to product a high crop yield with acceptable yield coupling with water use efficiency in Golestan province.

Keywords: deficit irrigation, water use efficiency, yield, soybean

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5469 Conceptual Modeling of the Relationship between Project Management Practices and Knowledge Absorptive Capacity Using Interpretive Structural Modeling Method

Authors: Seyed Abdolreza Mosavi, Alireza Babakhan, Elham Sadat Hoseinifard

Abstract:

Knowledge-based firms need to design mechanisms for continuous absorptive and creation of knowledge in order to ensure their survival in the competitive arena and to follow the path of development. Considering the project-oriented nature of product development activities in knowledge-based firms on the one hand and the importance of analyzing the factors affecting knowledge absorptive capacity in these firms on the other, the purpose of this study is to identify and classify the factors affecting project management practices on absorptive knowledge capacity. For this purpose, we have studied and reviewed the theoretical literature in the field of project management and absorptive knowledge capacity so as to clarify its dimensions and indexes. Then, using the ISM method, the relationship between them has been studied. To collect data, 21 questionnaires were distributed in project-oriented knowledge-based companies. The results of the ISM method analysis provide a model for the relationship between project management activities and knowledge absorptive capacity, which includes knowledge acquisition capacity, scope management, time management, cost management, quality management, human resource management, communications management, procurement management, risk management, stakeholders management and integration management. Having conducted the MICMAC analysis, we divided the variables into three groups of independent, relational and dependent variables and came up with no variables to be included in the group of autonomous variables.

Keywords: knowledge absorptive capacity, project management practices, knowledge-based firms, interpretive structural modeling

Procedia PDF Downloads 196
5468 Numerical Analysis of Bearing Capacity of Caissons Subjected to Inclined Loads

Authors: Hooman Dabirmanesh, Mahmoud Ghazavi, Kazem Barkhordari

Abstract:

A finite element modeling for determination of the bearing capacity of caissons subjected to inclined loads is presented in this paper. The model investigates the uplift capacity of the caisson with varying cross sectional area. To this aim, the behavior of the soil is assumed to be elasto-plastic, and its failure is controlled by Modified Cam-Clay failure criterion. The simulation takes into account the couple analysis. The approach is verified using available data from other research work especially centrifuge data. Parametric studies are subsequently performed to investigate the effect of contributing parameters such as aspect ratio of the caisson, the loading rate, the loading direction angle, and points where the external load is applied. In addition, the influence of the caisson geometry is taken into account. The results show the bearing capacity of the caisson increases with increasing the taper angle. Hence, the pullout capacity will increase using the same material. In addition, the bearing capacity of caissons strongly depends on the suction that is generated at tip and in sealed surface on top of caisson. Other results concerning the influencing factors will be presented.

Keywords: aspect ratio, finite element method, inclined load, modified Cam clay, taper angle, undrained condition

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5467 Opportunities of an Industrial City in the Leisure Tourism

Authors: E. Happ, A. Albert Tóth

Abstract:

The aim of the research is to investigate the forms of the demands of leisure tourism in a West-Hungarian industrial city, Győr. Today, Győr is still a traditional industrial city, its industry is mainly based on vehicle industry, but the role of tourism is increasing in the life of the city as well. Because of the industrial nature and the strong economy of the city, the ratio of business tourists is high. It can be stated that MICE tourism is dominating in Győr. Developments of the last decade can help the city with new tourism products to increase the leisure tourism. The new types of tourism – besides business tourism – can help the providers to increase the occupancy rates and the demand at the weekends. The research demonstrates the theoretical background of the topic, and it shows the present situation of the tourism in Győr with secondary data. The secondary research contains statistical data from the Hungarian Statistical Office and the city council, and it is based on the providers’ data. The next part of the paper shows the potential types of leisure tourism with the help of primary research. The primary research contains the results of an online questionnaire with a sample of 1000 potential customers. It is completed with 10 in-depth interviews with tourism experts, who explained their opinions about the opportunities of leisure tourism in Győr from the providers’ side. The online questionnaire was filled out in spring 2017 by customers, who have already stayed in Győr or plan to visit the city. At the same time in-depth interviews were made with hotel managers, head of touristic institutions and employees at the council. Based on the research it can be stated that the touristic supply of Győr allows the increase of the leisure tourism ratio in the city. Primarily, the cultural and health tourism show potential development, but the supply side of touristic services can be developed in order to increase the number of guest nights. The tourism marketing needs to be strengthened in the city, and a distinctive marketing activity - from other cities - is needed as well. To conclude, although Győr is an industrial city, it has a transforming industrial part, and tourism is also strongly present in its economy. Besides the leading role of business tourism, different types of leisure tourism have the opportunity to take place in the city.

Keywords: business tourism, Győr, industrial city, leisure tourism, touristic demand

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5466 Legal Warranty in Real Estate Registry in Albania

Authors: Elona Saliaj

Abstract:

The registration of real estate in Albania after the 90's has been a long process in time and with high cost for the country. Passing the registration system from a centralized system to a free market private system, it’s accompanied by legal uncertainties that have led to economic instability. The reforms that have been undertaken in terms of property rights have been numerous and continuous throughout the years. But despite the reforms, the system of registration of real estate, has failed to be standards requirements established by the European Union. The completion of initial registration of real estate, legal treatment of previous owners or legalization of illegal constructions remain among the main problems that prevent the development of the country in its economic sector. The performance of the registration of real estate system and dealing with issues that have appeared in the Court of First Instance, the civil section of the Albanian constitute the core of handling this analysis. This paper presents a detailed analysis on the registration system that is chosen to be applied in our country for real estate. In its content it is also determined the institution that administrates these properties, the management technique and the law that determinate its functionality. The strategy is determined for creating a modern and functional registration system and for the country remains a challenge to achieve. Identifying practical problems and providing their solutions are also the focus of reference in order to improve and modernize this important system to a state law that aims to become a member of the European Union.

Keywords: real estates registration system, comparative aspects, cadastral area, property certificate, legal reform

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5465 Visual and Verbal Imagination in a Bilingual Context

Authors: Erzsebet Gulyas

Abstract:

Our inner world, our imagination, and our way of thinking are invisible and inaudible to others, but they influence our behavior. To investigate the relationship between thinking and language use, we created a test in Hungarian using ideas from the literature. The test prompts participants to make decisions based on visual images derived from the written information presented. There is a correlation (r=0.5) between the test result and the self-assessment of the visual imagery vividness and the visual and verbal components of internal representations measured by self-report questionnaires, as well as with responses to language-use inquiries in the background questionnaire. 56 university students completed the tests, and SPSS was used to analyze the data.

Keywords: imagination, internal representations, verbalization, visualization

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5464 A Comparative Analysis of Legal Novelties on Telework in Portugal and Spain: A Gender Perspective

Authors: Ekaterina Reznikova

Abstract:

The paper provides an overview of the comparative analysis of legal novelties on telework in Portugal and Spain from a gender perspective. Telework, defined as the practice of working remotely using information and communication technologies, has gained increased attention in recent years, particularly in the context of the COVID-19 pandemic. As countries implement legal frameworks to regulate telework, it is essential to assess their gender implications and their impact on promoting gender equality in the workplace. In Portugal, legal novelties on telework have been introduced through various legislative measures, including the Telework Regulation Act (Lei do Teletrabalho) enacted in 2018. This legislation aims to provide a framework for telework arrangements, outlining rights and obligations for both employers and employees. However, the gender perspective in Portugal's telework regulations remains somewhat limited, with few explicit provisions addressing gender disparities in telework participation or the unequal distribution of caregiving responsibilities. In contrast, Spain has taken a more proactive approach to addressing gender equality in telework through its legal novelties. The Spanish government passed the Royal Decree-Law 28/2020, which introduced significant reforms to telework regulations in response to the COVID-19 pandemic. This legislation includes provisions aimed at promoting gender equality in telework, such as measures to ensure work-life balance and prevent discrimination based on gender in telework arrangements. Additionally, Spain has implemented initiatives to encourage "joint responsibility" at home, emphasizing the importance of shared caregiving duties between men and women. By comparing the legal novelties on telework in Portugal and Spain from a gender perspective, this study aims to identify best practices and areas for improvement in promoting gender equality in telework arrangements. Through a comprehensive analysis of the legal frameworks, this study will assess the extent to which Portugal and Spain's telework regulations address gender disparities and support the advancement of women in the workforce. The findings of this comparative analysis will have significant implications for policymakers, employers, and other stakeholders involved in shaping telework policies. By identifying effective strategies for promoting gender equality in telework, this study seeks to contribute to the development of inclusive and sustainable work environments that benefit all employees, regardless of gender.

Keywords: telework, labour law, digitalization, gender

Procedia PDF Downloads 59
5463 Walls against Legal Identity: A Qualitative Study on Children of Refugees without Birth Registration in Malaysia

Authors: Rodziana M. Razali, Tamara J. Duraisingham

Abstract:

Malaysia is not a signatory to the 1951 Refugee Convention and its 1967 Protocol despite receiving the largest share of refugee inflows in Southeast Asia aside from Thailand. In Peninsular Malaysia, the majority of refugees and asylum seekers are from Myanmar, with Rohingya refugees recording the highest number compared to all other ethnicities. In the eastern state of Sabah, the presence of refugees who have long established themselves in the state is connected to those who escaped military persecution in southern Philippines in the 1970’s and 1980’s. A combination of legal and non-legal factors has created and sustained an adverse atmosphere of deprivation of legal identity for children of migrants including refugees born in Malaysia. This paper aims to qualitatively analyse the barriers to birth registration as the cornerstone of every person’s legal identity for children of refugees born in this country, together with the associated human rights implications. Data obtained through semi-structured interviews with refugees in Kota Kinabalu, Sabah and Rohingya refugees in Peninsular Malaysia shall be studied alongside secondary sources. Results show that births out of medical facilities, suspension of birth records, illiteracy, lack of awareness on the importance and procedures of birth registration, inability to meet documentary requirements, as well as fear of immigration enforcement, are the key factors hindering birth registration. These challenges exist against the backdrop of restrictive integration policy to avoid destabilising demographic and racial balance, political sentiment stirring xenophobic prejudices, as well as other economic and national security considerations. With no proof of their legal identity, the affected children grow up in a legal limbo, facing multiple human rights violations across generations. This research concludes that the country’s framework and practice concerning birth registration is in need of serious reform and improvement to reflect equality and universality of access to its birth registration system. Such would contribute significantly towards meeting its commitments to the post-2015 sustainable development agenda that pledges to 'Leave no one behind', as well as its recently announced National Human Rights Action Plan.

Keywords: birth registration, children, Malaysia, refugees

Procedia PDF Downloads 171
5462 The New Universities Law in Saudi Arabia, Bath to Develop the Higher Education in the Kingdom

Authors: Gassrm Alfaleh

Abstract:

The new Law of Universities has many goals, one of them is how each university can be independent financially and educationally. Another goal is to open doors for foreign universities to open branches in the kingdom. This paper focuses on how these goals can create competition between local and foreign universities. And how this new law can bring significant changes in the Kingdom’s higher education sector. The methodology of this study is to compare the new Saudi law to another legal system, especially in Australia. And how this new law can affect the higher education environment and Saudi culture. It covers the view of other different legal jurisdictions and compares it to this new law. The major findings are that the new law of universities can give a chance to Saudi universities to achieve their goals based on empowerment, quality, and participate in developing the educational and research methods. It may allow universities to start their own resources, permit them to create endowments and companies, and may allow them to create their degrees and programs. It will help those universities to increase the efficiency of spending, developing financial resources, and human capabilities for universities in line with the Kingdom’s Vision 2030. As a result, this paper states whether this new law can improve higher education in the kingdom of Saudi Arabia.

Keywords: law, education, Saudi legal system, university

Procedia PDF Downloads 143
5461 Effect of Elastic Modulus Anisotropy on Foundation Behavior Reinforced with Geogrid in Sandy Soil

Authors: Reza Ziaie Moayed, Javad Shamsi Soosahab

Abstract:

The bearing capacity of shallow foundations is one of the interesting subjects in geotechnical engineering. Soil improvement by geosynthetic reinforcements is a modern method used in different projects to improve the bearing capacity of foundations. In this paper, numerical study is adopted to investigate the effect of geogrid soil reinforcement on shallow foundation behavior resting on anisotropic sand with using a finite element limit analysis software. The effect of the ratio of horizontal elastic modulus with respect to vertical elastic modulus (EH/EV) investigates on bearing capacity of foundations. The results illustrate that in sandy soils, the anisotropic ratio of elastic modulus (EH/EV) has notable effect on bearing capacity of shallow foundations. Also, based on the results of this study, it was concluded that geogrid could be used as soil reinforcement elements to improve the bearing of sandy soils and reduce its settlement possible remarkably.

Keywords: shallow foundations, bearing capacity, numerical study, soil anisotropy, geogrid

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5460 Pricing, Production and Inventory Policies Manufacturing under Stochastic Demand and Continuous Prices

Authors: Masoud Rabbani, Majede Smizadeh, Hamed Farrokhi-Asl

Abstract:

We study jointly determining prices and production in a multiple period horizon under a general non-stationary stochastic demand with continuous prices. In some periods we need to increase capacity of production to satisfy demand. This paper presents a model to aid multi-period production capacity planning by quantifying the trade-off between product quality and production cost. The product quality is estimated as the statistical variation from the target performances obtained from the output tolerances of the production machines that manufacture the components. We consider different tolerance for different machines that use to increase capacity. The production cost is estimated as the total cost of owning and operating a production facility during the planning horizon.so capacity planning has cost that impact on price. Pricing products often turns out to be difficult to measure them because customers have a reservation price to pay that impact on price and demand. We decide to determine prices and production for periods after enhance capacity and consider reservation price to determine price. First we use an algorithm base on fuzzy set of the optimal objective function values to determine capacity planning by determine maximize interval from upper bound in minimum objectives and define weight for objectives. Then we try to determine inventory and pricing policies. We can use a lemma to solve a problem in MATLAB and find exact answer.

Keywords: price policy, inventory policy, capacity planning, product quality, epsilon -constraint

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5459 Seismic Bearing Capacity Estimation of Shallow Foundations on Dense Sand Underlain by Loose Sand Strata by Using Finite Elements Limit Analysis

Authors: Pragyan Paramita Das, Vishwas N. Khatri

Abstract:

By using the lower- and upper- bound finite elements to limit analysis in conjunction with second-order conic programming (SOCP), the effect of seismic forces on the bearing capacity of surface strip footing resting on dense sand underlain by loose sand deposit is explored. The soil is assumed to obey the Mohr-Coulomb’s yield criterion and an associated flow rule. The angle of internal friction (ϕ) of the top and the bottom layer is varied from 42° to 44° and 32° to 34° respectively. The coefficient of seismic acceleration is varied from 0 to 0.3. The variation of bearing capacity with different thickness of top layer for various seismic acceleration coefficients is generated. A comparison will be made with the available solutions from literature wherever applicable.

Keywords: bearing capacity, conic programming, finite elements, seismic forces

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5458 Dogmatic Analysis of Legal Risks of Using Artificial Intelligence: The European Union and Polish Perspective

Authors: Marianna Iaroslavska

Abstract:

ChatGPT is becoming commonplace. However, only a few people think about the legal risks of using Large Language Model in their daily work. The main dilemmas concern the following areas: who owns the copyright to what somebody creates through ChatGPT; what can OpenAI do with the prompt you enter; can you accidentally infringe on another creator's rights through ChatGPT; what about the protection of the data somebody enters into the chat. This paper will present these and other legal risks of using large language models at work using dogmatic methods and case studies. The paper will present a legal analysis of AI risks against the background of European Union law and Polish law. This analysis will answer questions about how to protect data, how to make sure you do not violate copyright, and what is at stake with the AI Act, which recently came into force in the EU. If your work is related to the EU area, and you use AI in your work, this paper will be a real goldmine for you. The copyright law in force in Poland does not protect your rights to a work that is created with the help of AI. So if you start selling such a work, you may face two main problems. First, someone may steal your work, and you will not be entitled to any protection because work created with AI does not have any legal protection. Second, the AI may have created the work by infringing on another person's copyright, so they will be able to claim damages from you. In addition, the EU's current AI Act imposes a number of additional obligations related to the use of large language models. The AI Act divides artificial intelligence into four risk levels and imposes different requirements depending on the level of risk. The EU regulation is aimed primarily at those developing and marketing artificial intelligence systems in the EU market. In addition to the above obstacles, personal data protection comes into play, which is very strictly regulated in the EU. If you violate personal data by entering information into ChatGPT, you will be liable for violations. When using AI within the EU or in cooperation with entities located in the EU, you have to take into account a lot of risks. This paper will highlight such risks and explain how they can be avoided.

Keywords: EU, AI act, copyright, polish law, LLM

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5457 The Role of Law in the Transformation of Collective Identities in Nigeria

Authors: Henry Okechukwu Onyeiwu

Abstract:

Nigeria, with its rich tapestry of ethnicities, cultures, and religions, serves as a critical case study in understanding how law influences and shapes collective identities. This abstract delves into the historical context of legal systems in Nigeria, examining the colonial legacies that have influenced contemporary laws and how these laws interact with traditional practices and beliefs. This study examines the critical role of law in shaping and transforming collective identities in Nigeria, a nation characterized by its rich tapestry of ethnicities, cultures, and religions. The legal framework in Nigeria has evolved in response to historical, social, and political dynamics, influencing the way communities perceive themselves and interact with one another. This research highlights the interplay between law and collective identity, exploring how legal instruments, such as constitutions, statutes, and judicial rulings, have contributed to the formation, negotiation, and reformation of group identities over time. Moreover, contemporary legal debates surrounding issues such as citizenship, resource allocation, and communal conflicts further illustrate the law's role in identity formation. The legal recognition of different ethnic groups fosters a sense of belonging and collective identity among these groups, yet it simultaneously raises questions about inclusivity and equality. Laws concerning indigenous rights and affirmative action are essential in this discourse, as they reflect the necessity of balancing majority rule with minority rights—a challenge that Nigeria continues to navigate. By employing a multidisciplinary approach that integrates legal studies, sociology, and anthropology, the study analyses key historical milestones, such as colonial legal legacies, post-independence constitutional developments, and ongoing debates surrounding federalism and ethnic rights. It also investigates how laws affect social cohesion and conflict among Nigeria's diverse ethnic groups, as well as the role of law in promoting inclusivity and recognizing minority rights. Case studies are utilized to illustrate practical examples of legal transformations and their impact on collective identities in various Nigerian contexts, including land rights, religious freedoms, and ethnic representation in government. The findings reveal that while the law has the potential to unify disparate groups under a national identity, it can also exacerbate divisions when applied inequitably or favouring particular groups over others. Ultimately, this study aims to shed light on the dual nature of law as both a tool for transformation and a potential source of conflict in the evolution of collective identities in Nigeria. By understanding these dynamics, policymakers and legal practitioners can develop strategies to foster unity and respect for diversity in a complex societal landscape.

Keywords: law, collective identity, Nigeria, ethnicity, conflict, inclusion, legal framework, transformation

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5456 Numerical Analysis Of Stainless Steel Beam To Column Joints With Bolted Flush End Plates

Authors: Takwiir Tahriim Khan, Tausif Khalid, Mohammad Redwan Ahamed, Md Soebur Rahman

Abstract:

The mutual connection in joints has a significant impact on the safe and cost-effective design of steel structures. Generally, the end plates are welded at the end of the beam and columns are bolted with the end plates. Thus, the moment will be transferred at the interface, which is a critical segment at the connection. 3-D Finite Element Models (FEM) has been developed using ABAQUS 2017 software to predict the yield capacity of the end plate connections. The parameters used in this study are the depth, width, and thickness of the end plate, dimensions of the bolt, sectional and material properties of beams and columns. The influence width, depth, and thicknesses of the end plate connection on yield capacity were investigated through parametric studies. The results showed that, for increasing plate thickness from 0.3 inch to 0.8 inch by an increment of 0.1 inch the yield capacity increased by 2.85% on average, for decreasing the end plate depth from 13 inch to 11 inch the yield capacity increased by 25.4 %, and for decreasing the end plate width from 6.5 inch to 5.75 inch the yield capacity increased by 35.4%. Variation in yield capacity was also found by changing the beam and column section. Besides, the numerical results showed a good agreement with published experimental literature with an average variation of less than 8.3 % in yield capacity. So the study allows for a more effective combination of beam, column, and end plate dimensions.

Keywords: steel beam-column joints, finite element analysis, yield moment capacity, parametric study, ABAQUS, bolted joints, flush end plates, moment vs rotation curves

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5455 Striking a Balance between Certainty and Flexibility: The Role of Ubuntu in South African Contract Law

Authors: Yeukai Mupangavanhu

Abstract:

The paper examines the concept of ubuntu and the extent to which it can play a role in ensuring fairness and justice in contractual relationships. Courts are expected to balance sanctity of contract and fairness. Public policy is currently a mechanism which is used by courts when balancing the above two competing interests. It, however, generally favours the freedom and sanctity of contract. The question which is addressed in this paper is whether the concept of ubuntu is an alternative mechanism that may be used to mitigate the sometimes harsh and unfair consequences of the doctrine of freedom and sanctity of contract. A comparative study and case analysis is the methodology that is used in this article. Unfairness in contracts is generally related to the problem of inequality in bargaining power underscored by deeply entrenched social and economic inequalities that are a consequence of apartheid and patriarchy. The transformative nature of the constitution demands the inclusion of African legal ideas and values in the legal order. There is a need for the harmonisation of western ideals which are based on the classical model of law of contract with relevant African principles. In order to attain a transformative legal order that promotes a societal transformation and enhances the lives of everyone courts cannot continue to frown upon African values. Ubuntu has the potential of steering the law of contract in a more equitable direction. The substantive rules of contract law undoubtedly need to be infused with the notion of ubuntu. The reconciliation of Western and African values is at the heart of legal transformation.

Keywords: fairness, sanctity of contract, contractual justice, transformative constitutionalism

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5454 Functions of Public Policy in Private International Law

Authors: Fedorova Elena

Abstract:

In this article, we draw a distinction between two important functions of public policy in private international law. The first function is widely recognized and relates to the prevention of application of foreign laws and enforcement of foreign court judgments whenever their effects are incompatible with the domestic legal system of the forum. This effectively protects sovereign rights of the forum state as it allows to resist against the undesirable effects of foreign law-making and law-enforcement policies. The second function is less obvious, but not less important. As the internal private legal relationships, international private relationships are usually governed by rules of public policy, to which the parties can not derogate by mutual agreement. Thefore, for international private law relations public policy has a different function than previously mentioned: in this case, the public policy acts as a defense against unacceptable effects of the party autonomy. Thus, this second function of public policy consists in the limitation of the party autonomy wich effects would be unacceptable for the local legal system. In the frame of this second function the author will analyse two types of public policy which can limit the party autonomy: « substantial » public policy (which regulates the substance of international legal relationship) and « conflictual » public policy (which regulates the party autonomy to choose the law applicable for the substance of relationship). The author provides an analysis of these functions of the public policy in the field of international contract law because of the important role of the principle of party autonomy for international contract relations.

Keywords: public policy, general theory of private international law, substantial public policy, conflictual public policy

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5453 Renewable Energy Storage Capacity Rating: A Forecast of Selected Load and Resource Scenario in Nigeria

Authors: Yakubu Adamu, Baba Alfa, Salahudeen Adamu Gene

Abstract:

As the drive towards clean, renewable and sustainable energy generation is gradually been reshaped by renewable penetration over time, energy storage has thus, become an optimal solution for utilities looking to reduce transmission and capacity cost, therefore the need for capacity resources to be adjusted accordingly such that renewable energy storage may have the opportunity to substitute for retiring conventional energy systems with higher capacity factors. Considering the Nigeria scenario, where Over 80% of the current Nigerian primary energy consumption is met by petroleum, electricity demand is set to more than double by mid-century, relative to 2025 levels. With renewable energy penetration rapidly increasing, in particular biomass, hydro power, solar and wind energy, it is expected to account for the largest share of power output in the coming decades. Despite this rapid growth, the imbalance between load and resources has created a hindrance to the development of energy storage capacity, load and resources, hence forecasting energy storage capacity will therefore play an important role in maintaining the balance between load and resources including supply and demand. Therefore, the degree to which this might occur, its timing and more importantly its sustainability, is the subject matter of the current research. Here, we forecast the future energy storage capacity rating and thus, evaluate the load and resource scenario in Nigeria. In doing so, We used the scenario-based International Energy Agency models, the projected energy demand and supply structure of the country through 2030 are presented and analysed. Overall, this shows that in high renewable (solar) penetration scenarios in Nigeria, energy storage with 4-6h duration can obtain over 86% capacity rating with storage comprising about 24% of peak load capacity. Therefore, the general takeaway from the current study is that most power systems currently used has the potential to support fairly large penetrations of 4-6 hour storage as capacity resources prior to a substantial reduction in capacity ratings. The data presented in this paper is a crucial eye-opener for relevant government agencies towards developing these energy resources in tackling the present energy crisis in Nigeria. However, if the transformation of the Nigeria. power system continues primarily through expansion of renewable generation, then longer duration energy storage will be needed to qualify as capacity resources. Hence, the analytical task from the current survey will help to determine whether and when long-duration storage becomes an integral component of the capacity mix that is expected in Nigeria by 2030.

Keywords: capacity, energy, power system, storage

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5452 The Implementation of Anti-Circumvention Legislations in Thai Copyright System

Authors: Chuencheewin Yimfuang

Abstract:

The WIPO copyright treaty (WCT) was established by the World Intellectual Property Organisation (WIPO). This agreement required the contracting nations to provide adequate protection to technological measures to prevent massive copyright infringement in the internet system. Thailand had to implement the anti-circumvention rules into domestic legislation to comply with this international obligation. The purpose of this paper is to critically discuss the legislative standard under the WCT. It also aims to examine the legal development of technological protection measures in Thailand and demonstrate that the scope of prohibitions under the copyright Act 2022 (NO.5) is similar to the Digital Millennium Copyright Act 1998 (DMCA) of the United States (US). It could be found that the anti-circumvention laws of Thailand prohibit the circumvention of access-control technologies, and the regulation on trafficking circumvention devices has been added to the latest version of the Thai Copyright Act. These legislative evolutions have revealed the attempt to reinforce the legal protection of technological measures and copyright holders in order to be in line with global practices. However, the amendment has problems concerning the legal definitions of effective technological measure and the prohibited act of circumvention. The vagueness might affect the scope of protection and the boundary of prohibition. With this aspect, the DMCA will be evaluated and compared to gain guidelines for interpretation and enforcement in Thailand. The lessons and experiences learned from this study might be useful to correct the flaws or at least clarify the ambiguities embodied in Thai copyright legislation.

Keywords: legal development, technological protection measure, circumvention, Thailand

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5451 Postpartum Female Sexual Dysfunctions in Hungary: A Cross-Sectional Study

Authors: Katalin Szöllősi, László Szabó

Abstract:

Introduction and purpose: Even though female sexual dysfunctions are common among women in the postpartum period, the profile of these disturbances has not been well investigated in Hungary yet. The aim of the study was to evaluate the postpartum female sexual functions in Hungary. This research sought to investigate the possible predictor factors which can influence postpartum female sexual functions. Method and sample: This was a cross-sectional study, including patients from two maternity clinics in Budapest. 113 women were recruited into our study 3 months after their childbirth. 53 had vaginal birth, 60 had a caesarian section. Data were collected from medical reports in addition by using self-developed questions and validated questionnaires in order to measure important predictors which may be responsible for postpartum sexual dysfunctions such as mode of delivery, parity, urinary incontinence and body image. Sexual functions were evaluated by the Hungarian version of the Female Sexual Function Index (FSFI). The Hungarian version of Body Image Questionnaire-Short Form14 (BSQ-SF14) was applied for assessing body image. Results: 82,3% of the participants began to have sexual intercourse within three months postpartum. 53,98% of the participants reported sexual dysfunctions (cut-off FSFI score 26,55). According to our results mode of delivery, parity, hemorrhoids, time of intercourse, resumption was not associated with female sexual dysfunctions. We found correlation at a tendential level between urinary incontinence and sexual dysfunctions (p=0,003, R=0,26). We found a negative correlation at a tendential level between the total score of BSQ-SF14 and FSFI (p=0,03, R=-0,269). Only 32,74% of women reported discussing sexual life with health care professionals. However, 67,25% of them would have had the need to be asked about their postpartum health issues. Conclusions and recommendations: The prevalence of female sexual dysfunctions were relatively high after childbirth. We found that incontinence and body image was associated with sexual dysfunctions; other risk factors remained unknown. Despite regular contact with health care professionals, women rarely get any information about postpartum sexual health issues. The high prevalence of dysfunctions indicates the need for further investigation to address other risk factors and proper counselling of women after childbirth.

Keywords: body image, postpartum, sexual dysfunction, urinary incontinence

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5450 Challenging Shariah-Compliant Contract: A Latest Insight into the Malaysian Court Cases

Authors: Noor Suhaida Kasri

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In the last three decades, Malaysia has developed fundamental legal and regulatory structures that aim to accommodate and facilitate the growth of Islamic banking and finance industry. Important building blocks have been put in place, to cite a few, the elevation of the position of the Malaysian Central Bank Shariah Advisory Council (SAC) as the apex advisory body and the empowerment of their Shariah resolutions through the Central Bank Act 1958; the promulgation of the Islamic Financial Services Act 2013 that regulate and govern Islamic finance market with a robust statutory requirement of Shariah governance and Shariah compliance. Notwithstanding these achievements, enforceability of Shariah-compliant contract remains a contentious subject. The validity of Al Bai Bithaman Ajil concept that was commonly used by the Islamic financial institutions in their financing facilities structures and documentation has been unabatedly challenged by the customers in courts. The challenge was due to the manner in which the Al Bai Bithaman Ajil transactions were carried out. Due to this legal challenge, Al Bai Bithaman Ajil financing structure seems to no longer be the practitioners’ favourite in Malaysia, though its substitute tawarruq and commodity murabahah financing structure may potentially face similar legal challenges. This paper examines the legal challenges affecting the enforceability of these underlying Shariah contracts. The examination of these cases highlights the manner in which these contracts were being implemented and applied by the Malaysian Islamic financial institutions that triggered Shariah and legal concern. The analysis also highlights the approach adopted by the Malaysian courts in determining the Shariah issues as well as the SAC in ascertaining the rulings on the Shariah issues referred to it by the courts. The paper adopts a qualitative research methodology by using textual and documentary analysis approach. The outcome of this study underlines factors that require consideration by industry stakeholder in order to ameliorate the efficacy of the existing building blocks that would eventually strengthens the validity and enforceability of Shariah-compliant contracts. This, in the long run, will further reinforce financial stability and trust into the Islamic banking and finance industry in Malaysia.

Keywords: enforceability of Shariah compliant contract, legal challenge, legal and regulatory framework, Shariah Advisory Council

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5449 Tussle of Intellectual Property Rights and Privacy Laws with Reference to Artificial Intelligence

Authors: Lipsa Dash, Gyanendra Sahu

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Intelligence is the cornerstone of humans, and now they have created a counterpart of themselves artificially. Our understanding of the word intelligence is a very perspective based and mostly superior understanding of what we read, write, perceive and understand the adversities around better. A wide range of industrial sectors have also started involving the technology to perceive, reason and act. Similarly, intellectual property is the product of human intelligence and creativity. The World Intellectual Property Organisation is currently working on technology trends across the globe, and AI tops the list in the digital frontier that will have a profound impact on the world, transforming the way we live and work. Coming to Intellectual Property, patents and creations of the AI’s itself have constantly been in question. This paper explores whether AI’s can fit in the flexibilities of Trade Related Intellectual Property Studies and gaps in the existing IP laws or rthere is a need of amendment to include them in the ambit. The researcher also explores the right of AI’s who create things out of their intelligence and whether they could qualify to be legal persons making the other laws applicable on them. Differentiation between AI creations and human creations are explored in the paper, and the need of amendments to determine authorship, ownership, inventorship, protection, and identification of beneficiary for remuneration or even for determining liability. The humans and humanoids are all indulged in matters related to Privacy, and that attracts another constitutional legal issue to be addressed. The authors will be focusing on the legal conundrums of AI, transhumanism, and the Internet of things.

Keywords: artificial intelligence, humanoids, healthcare, privacy, legal conundrums, transhumanism

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5448 Legal Issues of Collecting and Processing Big Health Data in the Light of European Regulation 679/2016

Authors: Ioannis Iglezakis, Theodoros D. Trokanas, Panagiota Kiortsi

Abstract:

This paper aims to explore major legal issues arising from the collection and processing of Health Big Data in the light of the new European secondary legislation for the protection of personal data of natural persons, placing emphasis on the General Data Protection Regulation 679/2016. Whether Big Health Data can be characterised as ‘personal data’ or not is really the crux of the matter. The legal ambiguity is compounded by the fact that, even though the processing of Big Health Data is premised on the de-identification of the data subject, the possibility of a combination of Big Health Data with other data circulating freely on the web or from other data files cannot be excluded. Another key point is that the application of some provisions of GPDR to Big Health Data may both absolve the data controller of his legal obligations and deprive the data subject of his rights (e.g., the right to be informed), ultimately undermining the fundamental right to the protection of personal data of natural persons. Moreover, data subject’s rights (e.g., the right not to be subject to a decision based solely on automated processing) are heavily impacted by the use of AI, algorithms, and technologies that reclaim health data for further use, resulting in sometimes ambiguous results that have a substantial impact on individuals. On the other hand, as the COVID-19 pandemic has revealed, Big Data analytics can offer crucial sources of information. In this respect, this paper identifies and systematises the legal provisions concerned, offering interpretative solutions that tackle dangers concerning data subject’s rights while embracing the opportunities that Big Health Data has to offer. In addition, particular attention is attached to the scope of ‘consent’ as a legal basis in the collection and processing of Big Health Data, as the application of data analytics in Big Health Data signals the construction of new data and subject’s profiles. Finally, the paper addresses the knotty problem of role assignment (i.e., distinguishing between controller and processor/joint controllers and joint processors) in an era of extensive Big Health data sharing. The findings are the fruit of a current research project conducted by a three-member research team at the Faculty of Law of the Aristotle University of Thessaloniki and funded by the Greek Ministry of Education and Religious Affairs.

Keywords: big health data, data subject rights, GDPR, pandemic

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5447 Liability Aspects Related to Genetically Modified Food under the Food Safety Legislation in India

Authors: S. K. Balashanmugam, Padmavati Manchikanti, S. R. Subramanian

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The question of legal liability over injury arising out of the import and the introduction of GM food emerges as a crucial issue confronting to promote GM food and its derivatives. There is a greater possibility of commercialized GM food from the exporting country to enter importing country where status of approval shall not be same. This necessitates the importance of fixing a liability mechanism to discuss the damage, if any, occurs at the level of transboundary movement or at the market. There was a widespread consensus to develop the Cartagena Protocol on Biosafety and to give for a dedicated regime on liability and redress in the form of Nagoya Kuala Lumpur Supplementary Protocol on the Liability and Redress (‘N-KL Protocol’) at the international context. The national legal frameworks based on this protocol are not adequately established in the prevailing food legislations of the developing countries. The developing economy like India is willing to import GM food and its derivatives after the successful commercialization of Bt Cotton in 2002. As a party to the N-KL Protocol, it is indispensable for India to formulate a legal framework and to discuss safety, liability, and regulatory issues surrounding GM foods in conformity to the provisions of the Protocol. The liability mechanism is also important in the case where the risk assessment and risk management is still in implementing stage. Moreover, the country is facing GM infiltration issues with its neighbors Bangladesh. As a precautionary approach, there is a need to formulate rules and procedure of legal liability to discuss any kind of damage occurs at transboundary trade. In this context, the proposed work will attempt to analyze the liability regime in the existing Food Safety and Standards Act, 2006 from the applicability and domestic compliance and to suggest legal and policy options for regulatory authorities.

Keywords: commercialization, food safety, FSSAI, genetically modified foods, India, liability

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5446 Protecting Labor Rights in the Platform Economy: Legal Challenges and Innovative Explorations

Authors: Ruwen Pei

Abstract:

In the rapidly evolving landscape of the digital economy, platform employment has emerged as a transformative labor force, fundamentally altering the traditional paradigms of the employer-employee relationship. This paper provides a comprehensive analysis of the unique dynamics and intricate legal challenges associated with platform work, where workers often navigate precarious labor conditions without the robust safety nets typically afforded in traditional industries. It underscores the limitations of current labor regulations, particularly in addressing pressing concerns such as income volatility and disparate benefits. By drawing insights from diverse global case studies, this study emphasizes the compelling need for platform companies to shoulder their social welfare responsibilities, ensuring fair treatment and security for their workers. Moreover, it critically examines the profound influence of socio-cultural factors and educational awareness on the platform economy, shedding light on the complexities of this emerging labor landscape. Advocating for a harmonious equilibrium between flexibility and security, this paper calls for substantial legal reforms and innovative policy initiatives that can adapt to the evolving nature of work in the digital age. Finally, it anticipates forthcoming trends in the digital economy and platform labor relations, underscoring the significance of proactive adaptation to foster equitable and inclusive employment practices.

Keywords: platform employment, labor protections, social welfare, legal reforms, digital economy

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5445 A South African Perspective on Artificial Intelligence and Legal Personality

Authors: M. Naidoo

Abstract:

The concept of moral personhood extending from the moral status of an artificial intelligence system has been explored – but predominantly from a Western conception of personhood. African personhood, however, is distinctly different from Western personhood in that communitarianism is central to the underpinnings of personhood - rather than Western individualism. Personhood in the African context is not an inherent property that a human is born with; rather, it is an ontological journey that one goes on in his or her life with the hopes of attaining personhood. Given the decolonization, projects happening in Africa, and the law-making that is happening in this space within South Africa, it is of paramount importance to consider these views.

Keywords: artificial intelligence, bioethics, law, legal personality

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5444 Study of TiO2 Nanoparticles as Lubricant Additive in Two-Axial Groove Journal Bearing

Authors: K. Yathish, K. G. Binu, B. S. Shenoy, D. S. Rao, R. Pai

Abstract:

Load carrying capacity of an oil lubricated two-axial groove journal bearing is simulated by taking into account the viscosity variations in lubricant due to the addition of TiO2 nanoparticles as lubricant additive. Shear viscosities of TiO2 nanoparticle dispersions in oil are measured for various nanoparticle additive concentrations. The viscosity model derived from the experimental viscosities is employed in a modified Reynolds equation to obtain the pressure profiles and load carrying capacity of two-axial groove journal bearing. Results reveal an increase in load carrying capacity of bearings operating on nanoparticle dispersions as compared to plain oil

Keywords: journal bearing, TiO2 nanoparticles, viscosity model, Reynold's equation, load carrying capacity

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5443 Recognition and Protection of Indigenous Society in Indonesia

Authors: Triyanto, Rima Vien Permata Hartanto

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Indonesia is a legal state. The consequence of this status is the recognition and protection of the existence of indigenous peoples. This paper aims to describe the dynamics of legal recognition and protection for indigenous peoples within the framework of Indonesian law. This paper is library research based on literature. The result states that although the constitution has normatively recognized the existence of indigenous peoples and their traditional rights, in reality, not all rights were recognized and protected. The protection and recognition for indigenous people need to be strengthened.

Keywords: indigenous peoples, customary law, state law, state of law

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5442 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

Procedia PDF Downloads 214