Search results for: environmental justice competencies
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 7853

Search results for: environmental justice competencies

7553 The Concept of Commercial Dispute Resolution through the Court in Indonesia

Authors: Anita Afriana, Efa Laela Fakhriah

Abstract:

The law of civil procedure which is currently in effect in Indonesia is still referring to the rules applicable at the time of the Dutch East Indies, that is Het Herziene Indonesisch Reglement (HIR) and Reglement Tot Regeling Van Het Rechtswezen In De gewesten Buiten Java En Madura (RBg). With the fact that the enactment of this has been very long, there are some things that are no longer suitable with the circumstances and needs of the community in seeking justice today. Therefore, a new regulation on the law of civil procedure is required and the discussions of the draft are currently being carried out. The fast examination of dispute in civil procedure is required to accelerate the growth of Indonesia’s economy by accelerating the dispute resolution method (time efficiency). With the provision of the quick examination on commercial disputes mentioned above, it is expected to benefit the community in order to obtain a tool of dispute resolution efficiently and effectively, so as making justice fast and inexpensive, especially for the resolution of commercial disputes.

Keywords: commercial dispute, civil law procedure, court, Indonesia

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7552 Relevance of the Judgements Given by the International Court of Justice with Regard to South China Sea Vis-A-Vis Marshall Islands

Authors: Hitakshi Mahendru, Advait Tambe, Simran Chandok, Niharika Sanadhya

Abstract:

After the Second World War had come to an end, the Founding Fathers of the United Nations recognized a need for a supreme peacekeeping mechanism to act as a mediator between nations and moderate disputes that might blow up, if left unchecked. It has been more than seven decades since the establishment of the International Court of Justice (ICJ). When it was created, there were certain aim and objectives that the ICJ was intended to achieve. However, in today’s world, with change in political dynamics and international relations between countries, the ICJ has not succeeded in achieving several of these objectives. The ICJ is the only body in the international scenario that has the authority to regulate disputes between countries. However, in recent times, with countries like China disregarding the importance of the ICJ, there is no hope for the ICJ to command respect from other nations, thereby sending ICJ on a slow, yet steady path towards redundancy. The authority of the judgements given by the International Court of Justice, which is one of the main pillars of the United Nations, is questionable due to the forthcoming reactions from various countries on public platforms. The ICJ’s principal role within the United Nations framework is to settle peacefully international/bilateral disputes between the states that come under its jurisdiction and in accordance with the principles laid down in international law. By shedding light on the public backlash from the Chinese Government to the recent South China Sea judgement, we see the decreasing relevance of the ICJ in the contemporary world scenario. Philippines and China have wrangled over territory in the South China Sea for centuries but after the recent judgement the tension has reached an all-time high with China threatening to prosecute anybody as trespassers while continuing to militarise the disputed area. This paper will deal with the South China Sea judgement and the manner in which it has been received by the Chinese Government. Also, it will look into the consequences of counter-back. The authors will also look into the Marshall Island matter and propose a model judgement, in accordance with the principles of international law that would be the most suited for the given situation. Also, the authors will propose amendments in the working of the Security Council to ensure that the Marshal Island judgement is passed and accepted by the countries without any contempt.

Keywords: International Court of Justice, international law, Marshall Islands, South China Sea, United Nations Charter

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7551 Gender-Based Violence in Pakistan: Addressing the Root Causes

Authors: Hafiz Awais Ahmad

Abstract:

This paper aims to examine the root causes of gender-based violence (GBV) in Pakistan and proposes strategies to address this issue. Using a qualitative approach, this study analyzed data from various sources, including interviews with survivors of GBV and experts in the field. The findings revealed that GBV in Pakistan is deeply rooted in patriarchal attitudes and practices, economic insecurity, lack of education, and limited access to justice. The study recommends a multi-faceted approach to address GBV, including legislative reforms, awareness-raising campaigns, economic empowerment, and improved access to justice for survivors. Furthermore, the study highlights the importance of engaging men and boys in efforts to address GBV and promote gender equality. The findings of this study have important implications for policy-makers, practitioners, and researchers working towards ending GBV in Pakistan.

Keywords: gender-based violence, Pakistan, legislative reforms, advocacy

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7550 Using the Delphi Method to Determine the Change in Knowledge and Skills of Professional Quantity Surveyors as a Result of COVID-19 Pandemic

Authors: Veronica Kah Jo Wong, Yoke Mui Lim, Nurul Sakina Mokhtar Azizi

Abstract:

The impact on the construction industry in Malaysia is unprecedented, as the government implemented a lockdown to restrict human movement in an effort to stop COVID-19 from spreading. Quantity surveyor (QS), as one of the key construction professionals, found that the working practices and environments for quantity surveyors today have changed due to the current pandemic. The QS profession must deal not only with changes in project issues but also with a different working environment in which most people are required to work from home and follow the standard operating procedures. Therefore, QS should be flexible, agile, and have the capability to adapt to the current working practices by strengthening their competencies. Adapting to the current and recovering environment of COVID-19 may result in the emergence of a new competence such as skill and knowledge for QS in order to maintain the quality of performance in the delivery of their professional services. Thus, this paper's objective is to investigate the changes in knowledge and skills in quantity surveyors. The data will be collected through interviews with registered professional QS to gain better insights that are specific in this industry, and the findings will be verified using the Delphi method. It is hoped that new knowledge and skill will be found from the study and will not only contribute to the betterment of the professional QS but also in guiding higher learning institutions to incorporate the new competencies into their curriculum.

Keywords: competency, COVID-19 pandemic, Malaysia, quantity surveying

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7549 Stereotypical Perception as an Influential Factor in the Judicial Decision Making Process for Shoplifting Cases Presided over in the UK

Authors: Mariam Shah

Abstract:

Stereotypes are not generally considered to be an acceptable influence upon any decision making process, particularly those involving judicial decision making outcomes. Yet, we are confronted with an uncomfortable truth that stereotypes may be operating to influence judicial outcomes. Variances in sentencing outcomes are not easily explained away by criminological, psychological, or sociological theorem, but may be answered via qualitative research produced within the field of phenomenology. This paper will examine the current literature pertaining to the effect of stereotypes on the criminal justice system within the UK, and will also discuss what the implications are for stereotypical influences upon decision making in the criminal justice system. This paper will give particular focus to shoplifting offences dealt with in UK criminal courts, but this research has long reaching implications for the criminal process more generally.

Keywords: decision making, judicial decision making, phenomenology, shoplifting, stereotypes

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7548 Pre-service Social Studies Teachers Readiness in Promoting 21st Century Learning: Evidence from a Ghanaian University

Authors: Joseph Bentil

Abstract:

Successful acquisition of 21st-century competencies needed by students to navigate through the ever-changing world requires that they are taught and molded by 21st-century teachers with the needed professional competencies. Accordingly, this study sought to understand the readiness and how efficacious pre-service Social Studies specialism students are towards the implementation of the Common Core Social Studies Curriculum in the Junior High Schools in Ghana. Theory of Experience served as the theoretical lens for the study. Working within the pragmatist paradigm, this study utilized the cross-sectional descriptive survey design with a mixed method approach where, through census sampling technique, all the 120 pre-service Social Studies specialism students were sampled for the study. A structured questionnaire and an interview guide were the instruments employed for data collection. Descriptive statistics (mean, standard deviation and inferential statistics like independent samples t-test, one-way between groups ANOVA and Pearson Product Moment Correlation) were employed in the analysis the research questions and hypotheses with the aid of version 28 of SPSS while the qualitative data was analyzed using thematic analysis. The findings discovered that pre-service Social Studies teachers were highly ready and efficacious towards implementing the Common Core Junior High School Social Studies curriculum. However, male pre-service teachers were highly efficacious and ready than their female counterparts. Besides, it was disclosed that pre-service teachers within the 31-40 years age bracket were found to be highly efficacious and ready than their colleagues with 20-30 and below 20 years age bracket respectively. The findings further revealed that there was a moderate and statistically significant positive relationship between pre-service teachers’ readiness and efficacy in implementing the Common Core Social Studies curriculum. Therefore, the study recommended that interventional programmes aimed at raising the readiness and efficacy beliefs of pre-service teachers should be targeted towards female preservice teachers and those below 20 years age bracket for successful implementation and realization of the competencies enshrined in the common core social Studies curriculum.

Keywords: pre-service, readiness, social studies, teachers

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7547 The Plan for the Establishment of the Talent Organization of the United Nations

Authors: Hassan Kian

Abstract:

The future of millions of people and consequently, the future of societies and humanity is threatened by a great threat which is called wasted human resources. Perhaps Pasteur, Beethoven and Avicenna, Lavoisier and Einstein and millions of genius individuals and thinkers may have never been discovered and could not found a chance of being known due to various reasons such as poverty or social status, and other problems. So without being able to serve humanity, their talents are fully wasted. While, if a global mechanism exists to discover their talents in different countries and provide to them the right direction, during less than a generation, human society will face to a profound transformation and sustainable social justice will be formed as the basis of sustainable development of human resources. Therefore, the situation of the institution which organizes the affair of discovering and guiding talents was vacant at the level of the international community and its necessity has been felt. So in this plan, the establishment and development of such an organization have been suggested in the international context.

Keywords: talent identification, comparative advantage, sustainable justice, sustainable development

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7546 Cross-Cultural Communications Issues in International Business

Authors: Burova Anna

Abstract:

The current reality, changes in the world system, and the accelerating process of internationalization of the economies of the Middle East, Asia, and Africa dictate new challenges and opportunities. As cultural identity comes to the fore, understanding and developing cross-cultural competencies for effective collaboration becomes essential. Today, we are experiencing both -the integration of the world's economies and cultural disintegration, as each country feels the need for its own cultural, political, and economic sovereignty. Global and effective economic ties are critically needed at this stage of our common historical development. The role of intercultural aspects and sociocultural characteristics of our partners and colleagues cannot be exaggerated. This article presents an analysis of the most common intercultural conflicts in the general corporate environment and current ways of preventing as well as resolving them. A comparative analysis of business communications has revealed certain features of interaction. Based on contextual “landmarks” and points of fundamental disagreement in the perception of verbal and non-verbal messages of representatives of different national cultures, practical conclusions were drawn, and specific recommendations were formed to overcome weaknesses and develop strengths to establish closer and more effective economic and business ties in the international community.

Keywords: cross-cultural business communications, management of cross-cultural teams, intercultural conflicts prevention, intercultural competencies development, management, cross-culture

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7545 The Case for Reparations: Systemic Injustice and Human Rights in the United States

Authors: Journey Whitfield

Abstract:

This study investigates the United States' ongoing violation of Black Americans' fundamental human rights, as evidenced by mass incarceration, social injustice, and economic deprivation. It argues that the U.S. contravenes Article 9 of the International Covenant on Civil and Political Rights through policies that uphold systemic racism. The analysis dissects current practices within the criminal justice system, social welfare programs, and economic policy, uncovering the racially disparate impacts of seemingly race-neutral policies. This study establishes a clear lineage between past systems of oppression – slavery and Jim Crow – and present-day racial disparities, demonstrating their inextricable link. The thesis proposes that only a comprehensive reparations program for Black Americans can begin to redress these systemic injustices. This program must transcend mere financial compensation, demanding structural reforms within U.S. institutions to dismantle systemic racism and promote transformative justice. This study explores potential forms of reparations, drawing upon historical precedents, comparative case studies from other nations, and contemporary debates within political philosophy and legal studies. The research employs both qualitative and quantitative methods. Qualitative methods include historical analysis of legal frameworks and policy documents, as well as discourse analysis of political rhetoric. Quantitative methods involve statistical analysis of socioeconomic data and criminal justice outcomes to expose racial disparities. This study makes a significant contribution to the existing literature on reparations, human rights, and racial injustice in the United States. It offers a rigorous analysis of the enduring consequences of historical oppression and advocates for bold, justice-centered solutions.

Keywords: Black Americans, reparations, mass incarceration, racial injustice, human rights, united states

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7544 Conflict, Confusion or Compromise: Violence against Women, A Case Study of Pakistan

Authors: Farhat Jabeen, Syed Asfaq Hussain Bukhari

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In the wake of the contemporary period the basic objective of the research paper points out that socio-cultural scenario of Pakistan reveals that gender-based violence is deep rooted in the society irrespective of language and ethnicity. This paper would reconnaissance the possibility reforms in Pakistan for diminishing of violence. Women are not given their due role, rights, and respect. Furthermore, they are treated as chattels. This presentation will cover the socio-customary practices in the context of discrimination, stigmatization, and violence against women. This paper envisages justice in a broader sense of recognition of rights for women, and masculine structure of society, socio-customary practices and discrimination against women are a very serious concern which needs to be understood as a multidimensional problem. The paper will specially focus on understanding the existing obstacles of women in Pakistan in the constitutional scenario. Women stumble across discrimination and human rights manipulations, voluptuous violation and manipulation including domestic viciousness and are disadvantaged by laws, strategies, and programming that do not take their concerns into considerations. This presentation examines the role of honour killings among Pakistani community. This affects their self-assurance and capability to elevation integrity campaign where gender inequalities and discrimination in social, legal domain are to be put right. This paper brings to light the range of practices, laws and legal justice regarding the status of women and also covers attitude towards compensations for murders/killings, domestic violence, rape, adultery, social behavior and recourse to justice.

Keywords: discrimination, cultural, women, violence

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7543 Legal Pluralism and Ideology: The Recognition of the Indigenous Justice Administration in Bolivia through the "Indigenismo" and "Decolonisation" Discourses

Authors: Adriana Pereira Arteaga

Abstract:

In many Latin American countries the transition towards legal pluralism - has developed as part of what is called Latin-American-Constitutionalism over the last thirty years. The aim of this paper is to discuss how legal pluralism in its current form in Bolivia may produce exclusion and violence. Legal sources and discourse analysis - as an approach to examine written language on discourse documentation- will be used to develop this paper. With the constitution of 2009, Bolivia was symbolically "re-founded" into a multi-nation state. This shift goes hand in hand with the "indigenista" and "decolonisation" ideologies developing since the early 20th century. Discourses based on these ideologies reflect the rejection of liberal and western premises on which the Bolivian republic was originally built after independence. According to the "indigenista" movements, the liberal nation-state generates institutions corresponding to a homogenous society. These liberal institutions not only ignore the Bolivian multi-nation reality, but also maintain the social structures originating form the colony times, based on prejudices against the indigenous. The described statements were elaborated through the image: the indigenous people humiliated by a cruel western system as highlighted by the constitution's preamble. This narrative had a considerable impact on the sensitivity of people and received great social support. Therefore the proposal for changing structures of the nation-state, is charged with an emancipatory message of restoring even the pre-Columbian order. An order at times romantically described as the perfect order. Legally this connotes a rejection of the positivistic national legal system based on individual rights and the promotion of constitutional recognition of indigenous justice administration. The pluralistic Constitution is supposed to promote tolerance and a peaceful coexistence among nations, so that the unity and integrity of the country could be maintained. In its current form, legal pluralism in Bolivia is justified on pre-existing rights contained for example in the International - Labour - Organization - Convention 169, but it is more developed on the described discursive constructions. Over time these discursive constructions created inconsistencies in terms of putting indigenous justice administration into practice: First, because legal pluralism has been more developed on level of political discourse, so a real interaction between the national and the indigenous jurisdiction cannot be observed. There are no clear coordination and cooperation mechanisms. Second, since the recently reformed constitution is based on deep sensitive experiences, little is said about the general legal principles on which a pluralistic administration of justice in Bolivia should be based. Third, basic rights, liberties, and constitutional guarantees are also affected by the antagonized image of the national justice administration. As a result, fundamental rights could be violated on a large scale because many indigenous justice administration practices run counter to these constitutional rules. These problems are not merely Bolivian but may also be encountered in other regional countries with similar backgrounds, like Ecuador.

Keywords: discourse, indigenous justice, legal pluralism, multi-nation

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7542 Investigating the Role of Organizational Politics in Human Resource Management: Effects on Performance Appraisal and Downsizing Decisions

Authors: Ibrahim Elshaer, Samar Kamel

Abstract:

Organizational politics (OP) has received a great deal of attention in the management literature due to its popularity, mystery, and potential advantages for those how can use it. It involves the use of power and social networks within an organization to promote interests and gain potential benefits. Its implication for human resource (HR) management decisions is heretofore one of its least studied aspects, and awaits further investigation. Therefore, it is our intention to investigate certain relations between organizational politics and the validity of HR decisions in addition to the expected dysfunctional consequences. The study is undertaken on two HR management practices- Performance appraisal (measured by the distributive justice scale) and downsizing- depending on data gathered from the hotel industry in Egypt; a developing Non-Western country, in which Political practices of HR management are common in public and private organizations. Data was obtained from a survey of 600 employees in the Egyptian hotel industry. A total of 500 responses were attained. 100 uncompleted questionnaires were excluded leaving 400 usable with response rate of around 80%. Structural equation modeling (SEM) was employed to test the causal relationship between the research variables. The analysis of the current study data reveals that organizational politics is negatively linked to the perception of distributive justice of performance appraisal, additionally, the perception of distributive justice in performance appraisal is positively linked to the perception of validity in the downsizing decisions and finally the perception of OP is negatively linked to the perception of downsizing decisions validity. This study makes three important contributions. First although there have been several studies on OP, the majority of these studies have focused on examining its effect on employees’ attitudes in workplace. This empirical study helps in identifying the influence of OP on the effectiveness and success of HR decisions and accordingly the organizational system. Second, it draws attention to OP as an important phenomenon that influence HR management in hospitality industry, since empirical evidences concerning OP in the hospitality management literature are meager. Third, this study contributes to the existing downsizing literature by examining OP and low distributive justice as challenges of the effectiveness of the downsizing process. Finally, to the best of the authors’ knowledge, no empirical study in the tourism and hospitality management literature has examined the effect of OP and distributive justice on the workplace using data gathered from the hotel industry in Egypt; a developing non-Western setting.

Keywords: organizational politics, performance appraisal, downsizing, structural equation modeling, hotel industry

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7541 Case Studies of Educational Technology Integration for Global Citizenship Development among Teacher Candidates

Authors: Erik Jon Byker

Abstract:

Government leaders and education policymakers have increasingly focused on ways that teachers can better prepare children for life in a global society. Such preparation includes the development of global citizenship among young people. Yet, scholars point out that many elementary school educators and teacher candidates have limited awareness of being global citizens in an interdependent world. More and more teacher preparation programs aim to integrate global citizenship in their program plans and use educational technology to help develop global citizenship. Many non-governmental organizations (NGOs), like the Asia Society and Partnership for 21st Century Skills, have led the way in creating global citizenship frameworks that prepare teachers and students with global competencies. The development of global citizenship among teachers needs to begin even before teachers sign their first contract. Global citizenship development should start when teacher candidates are being prepared to teach. Using the Critical Cosmopolitan Theory as a conceptual lens, this paper examines the integration of global citizenship curricula in teacher education programs in North Carolina and Texas in the United States of America. Using a case study methodology, the paper describes and compares the teacher candidates’ (n=136) perceptions of the global citizenship curricula delivered with the aid of educational technology. The study found that after participating in the global citizenship curricula, participants: (1) made conceptual leaps in their global citizenship definitions; (2) developed a stronger commitment for their future role as educators in developing global citizens; and (3) were more willing to take action for social justice-related issues in education. In sum, this paper discusses empirical findings related to the ways to integrate educational technology in preparing globally competent teachers.

Keywords: educational technology, global education, intercultural awareness, teacher candidates

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7540 Suicide Intervention Experiences and Practices of School Counselors: Basis for Development of Practice Guidelines

Authors: Joel C. Navarez

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The current study investigated the Filipino school counselor’s knowledge, attitudes, and competencies in suicide intervention as well as their experiences and practices in suicide intervention. The study also aimed to develop and standardize suicide intervention guidelines. The study has two (2) phases. Phase 1 utilized the descriptive and generic qualitative inquiry methods of research. Purposive and convenience sampling was applied, and participants were college counselors from the National Capital Region (NCR), Luzon, Visayas, and Mindanao. Results revealed that counselors do not have high level of knowledge on suicidal behaviors, have some negative attitudes toward suicidal behavior, and need to acquire better intervention skills. The findings also showed that the trainings received by counselors are not enough to advance their suicide intervention skills, which would help enhance positive attitudes towards suicide risk assessment and management. Some common experiences of the counselors in suicide intervention were focused on the areas of accountability, stigmatizing attitudes of parents, and confidentiality issues. Phase 2 of the study was the development of suicide intervention practice guidelines using the Delphi process. The tentative guideline was based on the content analysis of interventions taken from literature and from the actual intervention practices of counselors, as seen from the findings of the qualitative study of Phase 1. After three (3) Delphi rounds and the consensus from sixteen (16) mental health experts, 145 recommended actions can be implemented by school counselors in suicide.

Keywords: counselor competencies, counselor development, suicide, suicide intervention

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7539 Public Space, Environmental Violence and Female Vulnerability in Radwa Ashour’s Specters and Betool Khadiri’s Absent

Authors: Jihan Zakarriya

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This paper aims at examining the concepts of gender vulnerability, militarized spaces and environmental degradation in Egyptian novelist Radwa Ashour’s Specters (1999) and Iraqi novelist Betool Khadiri’s Absent (2005). Although the socio-economic, environmental and political conditions in the 1990s- Egypt and Iraq are different, this paper argues that Ashour’s Specters and Khadiri’s Absent show the two societies as sharing a concern with the politics of public participation, individual freedom and political violence. For example, while Specters exposes the planned processes of economic-political and cultural violence towards Egyptian environment and people that undermine concepts of justice, equality and democracy, Absent shows the destructive effects of the systematic, successive waves of (international) militarized interferences and socio-economic sanctions imposed on Iraq following the Gulf War that hinder efforts of social development and kindle ethnic-religious violence and polarization in the country. This paper investigates and relates issues of gender, environmental and political violence and repression in Ashour’s Specters and Khadiri’s Absent in relation to the concepts of public space and security in the two countries. The paper argues that the selected novels articulate a particular awareness of the political-international conflicts and difficulties in the 1990s-Egypt and Iraq, with the aim both to emphasize the issue of gender as a tool of oppression and power hierarchy worldwide and to figure out new notions of public participation and change.

Keywords: gender violence, public space, environment, change

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7538 Examining Institutional and Structural Racism to Address Persistent Racial Inequities in US Cities

Authors: Zoe Polk

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In cities across the US, race continues to predict an individual’s likelihood to be employed, to receive a quality education, to live in a safe neighborhood, to life expectancy to contacts with the criminal justice system. Deep and pervasive disparities exist despite laws enacted at the federal, state and local level to eliminate discrimination. This paper examines the strengths of the U.S. civil rights movement in making discrimination a moral issue. Following the passage of the 1964 Civil Rights Act, cities throughout the US adopted laws that mirror the language, theories of practice and enforcement of the law. This paper argues that while those laws were relevant to the way discrimination was conducted in that time, they are limited in their ability to help cities address discrimination today. This paper reviews health indicators This paper concludes that in order for cities to create environments where race no longer predicts one’s success, cities must conduct institutional and structural racism audits.

Keywords: racism, racial equity, constitutional law, social justice

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7537 For Whom Is Legal Aid: A Critical Analysis of the State-Funded Legal Aid in Criminal Cases in Tajikistan

Authors: Umeda Junaydova

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Legal aid is a key element of access to justice. According to UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, state members bear the obligation to put in place accessible, effective, sustainable, and credible legal aid systems. Regarding this obligation, developing countries, such as Tajikistan, faced challenges in terms of financing this system. Thus, many developed nations have launched rule-of-law programs to support these states and ensure access to justice for all. Following independence from the Soviet Union, Tajikistan committed to introducing the rule of law and providing access to justice. This newly established country was weak, and the sudden outbreak of civil war aggravated the situation even more. The country needed external support and opened its door to attract foreign donors to assist it in its way to development. In 2015, Tajikistan, with the financial support of development partners, was able to establish a state-funded legal aid system that provides legal assistance to vulnerable and marginalized populations, including in criminal cases. In the beginning, almost the whole system was financed from donor funds; by that time, the contribution of the government gradually increased, and currently, it covers 80% of the total budget. All these governments' actions toward ensuring access to criminal legal aid for disadvantaged groups look promising; however, the reality is completely different. Currently, not all disadvantaged people are covered by these services, and their cases are most of the time considered without appropriate defense, which leads to violation of fundamental human rights. This research presents a comprehensive exploration of the interplay between donor assistance and the effectiveness of legal aid services in Tajikistan, with a specific focus on criminal cases involving vulnerable groups, such as women and children. In the context of Tajikistan, this study addresses a pressing concern: despite substantial financial support from international donors, state-funded legal aid services often fall short of meeting the needs of poor and vulnerable populations. The study delves into the underlying complexities of this issue and examines the structural, operational, and systemic challenges faced by legal aid providers, shedding light on the factors contributing to the ineffectiveness of legal aid services. Furthermore, it seeks to identify the root causes of these issues, revealing the barriers that hinder the delivery of adequate legal aid services. The research adopts a socio-legal methodology to ensure an appropriate combination of multiple methodologies. The findings of this research hold significant implications for both policymakers and practitioners, offering insights into the enhancement of legal aid services and access to justice for disadvantaged and marginalized populations in Tajikistan. By addressing these pressing questions, this study aims to fill the gap in legal literature and contribute to the development of a more equitable and efficient legal aid system that better serves the needs of the most vulnerable members of society.

Keywords: access to justice, legal aid, rule of law, rights for council

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7536 Development Planning in the System of the Islamic Republic of Iran in the Light of Development Laws: From Rationally Planning to Wisely Decision Making

Authors: Mohammad Sadeghi, Mahdieh Saniee

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Nowadays, development laws have become a major branch of engineering science, laws help humankind achieve his/her basic needs, and it is attracted to the attention of the nations. Therefore, lawyers have been invited to contemplate legislator's approaches respecting legislating countries' economic, social and cultural development plans and to observe the reliance of approaches on two elements of distributive justice and transitional justice in light of legal rationality. Legal rationality in development planning has encountered us with this question that whether a rational approach and existing models in the Iran development planning system approximate us to the goal of development laws respecting the rationalist approach and also regarding wisely decision-making model. The present study will investigate processes, approaches, and damages of development planning in the legislation of country development plans to answer this question.

Keywords: rationality, decision-making process, policymaking, development

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7535 The Importance of Developing Pedagogical Agency Capacities in Initial Teacher Formation: A Critical Approach to Advance in Social Justice

Authors: Priscilla Echeverria

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This paper addresses initial teacher formation as a formative space in which pedagogy students develop a pedagogical agency capacity to contribute to social justice, considering ethical, political, and epistemic dimensions. This paper is structured by discussing first the concepts of agency, pedagogical interaction, and social justice from a critical perspective; and continues offering preliminary results on the capacity of pedagogical agency in novice teachers after the analysis of critical incidents as a research methodology. This study is motivated by the concern that responding to the current neoliberal scenario, many initial teacher formation (ITF) programs have reduced the meaning of education to instruction, and pedagogy to methodology, favouring the formation of a technical professional over a reflective or critical one. From this concern, this study proposes that the restitution of the subject is an urgent task in teacher formation, so it is essential to enable him in his capacity for action and advance in eliminating institutionalized oppression insofar as it affects that capacity. Given that oppression takes place in human interaction, through this work, I propose that initial teacher formation develops sensitivity and educates the gaze to identify oppression and take action against it, both in pedagogical interactions -which configure political, ethical, and epistemic subjectivities- as in the hidden and official curriculum. All this from the premise that modelling democratic and dialogical interactions are basic for any program that seeks to contribute to a more just and empowered society. The contribution of this study lies in the fact that it opens a discussion in an area about which we know little: the impact of the type of interactions offered by university teaching at ITF on the capacity of future teachers to be pedagogical agents. For this reason, this study seeks to gather evidence of the result of this formation, analysing the capacity of pedagogical agency of novice teachers, or, in other words, how capable the graduates of secondary pedagogies are in their first pedagogical experiences to act and make decisions putting the formative purposes that they are capable of autonomously defining before technical or bureaucratic issues imposed by the curriculum or the official culture. This discussion is part of my doctoral research, "The importance of developing the capacity for ethical-political-epistemic agency in novice teachers during initial teacher formation to contribute to social justice", which I am currently developing in the Educational Research program of the University of Lancaster, United Kingdom, as a Conicyt fellow for the 2019 cohort.

Keywords: initial teacher formation, pedagogical agency, pedagogical interaction, social justice, hidden curriculum

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7534 Water Governance Perspectives on the Urmia Lake Restoration Process: Challenges and Achievements

Authors: Jalil Salimi, Mandana Asadi, Naser Fathi

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Urmia Lake (UL) has undergone a significant decline in water levels, resulting in severe environmental, socioeconomic, and health-related challenges. This paper examines the restoration process of UL from a water governance perspective. By applying a water governance model, the study evaluates the process based on six selected principles: stakeholder engagement, transparency and accountability, effectiveness, equitable water use, adaptation capacity, and water usage efficiency. The dominance of structural and physicalist approaches to water governance has led to a weak understanding of social and environmental issues, contributing to social crises. Urgent efforts are required to address the water crisis and reform water governance in the country, making water-related issues a top national priority. The UL restoration process has achieved significant milestones, including stakeholder consensus, scientific and participatory planning, environmental vision, intergenerational justice considerations, improved institutional environment for NGOs, investments in water infrastructure, transparency promotion, environmental effectiveness, and local issue resolutions. However, challenges remain, such as power distribution imbalances, bureaucratic administration, weak conflict resolution mechanisms, financial constraints, accountability issues, limited attention to social concerns, overreliance on structural solutions, legislative shortcomings, program inflexibility, and uncertainty management weaknesses. Addressing these weaknesses and challenges is crucial for the successful restoration and sustainable governance of UL.

Keywords: evaluation, restoration process, Urmia Lake, water governance, water resource management

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7533 MOOCs (E-Learning) Project Personnel Competency Analysis

Authors: Shang-Hua Wu, Rong-Chi Chang, Horng–Twu Liaw

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Nowadays, competencies of e-learning project personnel are very important in assisting them in offering courses, serving students in an effective way, leveraging advantages, strengthen their relationships with potential students, etc. among e-learning platforms, MOOCs has recently attracted increasing focuses in distance education since it can be conducted for a large numbers of virtual learners. Nonetheless, since MOOCs is a relatively new e-learning platform, top concerns have been paid to what competencies are important for e-learning personnel to consider. Taking this need, this research aimed to carry out an in-depth exploration of competency requirements of MOOCs (e-learning) project personnel in Taiwan vocational schools. Data were collected through thorough literature reviews and discussions and competency analysis was carried out using Delphi technique questionnaires. The results show that that MOOCs (e-learning) project personnel’ professional competency lie in three main dimensions, among which ‘demand analysis competency’ (i.e., containing 10 major competences and 48 subordinate capabilities) is the most important competency, followed by ‘project management competency’ (i.e., comprising 6 major competences and 31 secondary capabilities), and finally ‘digital content production competency’ (i.e., including 12 major competences and 79 secondary capabilities). As such, in Taiwan context with different organizational scales and market sizes, the e-learning competency items and unique experience/ achievements throughout the promotion process obtained in this research will provide useful references for academic institutions in promoting e-learning.

Keywords: competency analysis, Delphi technique questionnaire, e-learning, massive open online courses

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7532 Move Analysis of Death Row Statements: An Explanatory Study Applied to Death Row Statements in Texas Department of Criminal Justice Website

Authors: Giya Erina

Abstract:

Linguists have analyzed the rhetorical structure of various forensic genres, but only a few have investigated the complete structure of death row statements. Unlike other forensic text types, such as suicide or ransom notes, the focus of death row statement analysis is not the authenticity or falsity of the text, but its intended meaning and its communicative purpose. As it constitutes their last statement before their execution, there are probably many things that inmates would like to express. This study mainly examines the rhetorical moves of 200 death row statements from the Texas Department of Criminal Justice website using rhetorical move analysis. The rhetorical moves identified in the statements will be classified based on their communicative purpose, and they will be grouped into moves and steps. A move structure will finally be suggested from the most common or characteristic moves and steps, as well as some sub-moves. However, because of some statements’ atypicality, some moves may appear in different parts of the texts or not at all.

Keywords: Death row statements, forensic linguistics, genre analysis, move analysis

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7531 Modernization of Translation Studies Curriculum at Higher Education Level in Armenia

Authors: A. Vahanyan

Abstract:

The paper touches upon the problem of revision and modernization of the current curriculum on translation studies at the Armenian Higher Education Institutions (HEIs). In the contemporary world where quality and speed of services provided are mostly valued, certain higher education centers in Armenia though do not demonstrate enough flexibility in terms of the revision and amendment of courses taught. This issue is present for various curricula at the university level and Translation Studies related curriculum, in particular. Technological innovations that are of great help for translators have been long ago smoothly implemented into the global Translation Industry. According to the European Master's in Translation (EMT) framework, translation service provision comprises linguistic, intercultural, information mining, thematic, and technological competencies. Therefore, to form the competencies mentioned above, the curriculum should be seriously restructured to meet the modern education and job market requirements, relevant courses should be proposed. New courses, in particular, should focus on the formation of technological competences. These suggestions have been made upon the author’s research of the problem across various HEIs in Armenia. The updated curricula should include courses aimed at familiarization with various computer-assisted translation (CAT) tools (MemoQ, Trados, OmegaT, Wordfast, etc.) in the translation process, creation of glossaries and termbases compatible with different platforms), which will ensure consistency in translation of similar texts and speeding up the translation process itself. Another aspect that may be strengthened via curriculum modification is the introduction of interdisciplinary and Project-Based Learning courses, which will enable info mining and thematic competences, which are of great importance as well. Of course, the amendment of the existing curriculum with the mentioned courses will require corresponding faculty development via training, workshops, and seminars. Finally, the provision of extensive internship with translation agencies is strongly recommended as it will ensure the synthesis of theoretical background and practical skills highly required for the specific area. Summing up, restructuring and modernization of the existing curricula on Translation Studies should focus on three major aspects, i.e., introduction of new courses that meet the global quality standards of education, professional development for faculty, and integration of extensive internship supervised by experts in the field.

Keywords: competencies, curriculum, modernization, technical literacy, translation studies

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7530 Consideration for a Policy Change to the South African Collective Bargaining Process: A Reflection on National Union of Metalworkers of South Africa v Trenstar (Pty) (2023) 44 ILJ 1189 (CC)

Authors: Carlos Joel Tchawouo Mbiada

Abstract:

At the back of the apartheid era, South Africa embarked on a democratic drive of all its institution underpinned by a social justice perspective to eradicate past injustices. These democratic values based on fundamental human rights and equality informed all rights enshrined in the Constitution of the Republic of South Africa, 1996. This means that all rights are therefore infused by social justice perspective and labour rights are no exception. Labour law is therefore regulated to the extent that it is viewed as too rigid. Hence a call for more flexibility to enhance investment and boost job creation. This view articulated by the Free Market Foundation fell on deaf ears as the opponents believe in what is termed regulated flexibility which affords greater protection to vulnerable workers while promoting business opportunities and investment. The question that this paper seeks to examine is to what extent the regulation of labour law will go to protect employees. This question is prompted by the recent Constitutional Court’s judgment of National Union of Metalworkers of South Africa v Trenstar which barred the employer from employing labour replacement in response to the strike action by its employees. The question whether employers may use replacement labour and have recourse to lock-outs in response to strike action is considered in the context of the dichotomy between the Free market foundation and social justice perspectives which are at loggerheads in the South African collective bargaining process. With the current unemployment rate soaring constantly, the aftermath of the Covid 19 pandemic, the effects of the war in Ukraine and lately the financial burden of load shedding on companies to run their businesses, this paper argues for a policy shift toward deregulation or a lesser state and judiciary intervention. This initiative will relieve the burden on companies to run a viable business while at the same time protecting existing jobs.

Keywords: labour law, replacement labour, right to strike, free market foundation perspective, social justice perspective

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7529 Limitations of Recent National Enactments on International Crimes: The Case of Kenya, Uganda and Sudan

Authors: Emma Charlene Lubaale

Abstract:

The International Criminal Court (ICC) operates based on the principle of complementarity. On the basis of this principle, states enjoy the primary right to prosecute international crimes, with the ICC intervening only when a state with jurisdiction over an international crime is unable or unwilling to prosecute. To ably exercise their primary right to prosecute international crimes domestically, a number of states are taking steps to criminalise international crimes in their national laws. Significant to note, many of the laws enacted are not being applied in the prosecution of the international crimes allegedly committed. Kenya, Uganda and Sudan are some notable states where commission of international crimes is documented. All these states have recently enacted laws on international crimes. Kenya enacted the International Crimes Act in 2008, Uganda enacted the International Criminal Court Act in 2010 and in 2007, Sudan made provision for international crimes under its Armed Forces Act. However, in all these three states, the enacted national laws on international crimes have thus far not featured in any of the proceedings before these states’ courts. Instead, these states have either relied on ordinary crimes to prosecute international crimes or not prosecuted international crimes altogether. This paper underscores the limitations of the enacted laws, explaining why, even with efforts taken by these states to enact national laws on international crimes, these laws cannot be relied on to advance accountability for the international crimes. Notably, the laws in Kenya and Uganda do not have retroactive application. In Sudan, despite the 2007 reforms, the structure of military justice in Sudan has the effect of placing certain categories of individuals beyond the reach of international criminal justice. For Kenya and Uganda, it is concluded that the only benefit that flows from these enactments is reliance on them to prosecute future international crimes. For Sudan, the 2007 reforms will only have the desired impact if reforms are equally made to the structure of military justice.

Keywords: complementarity, national laws, Kenya, Sudan, Uganda, international crimes, limitations

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7528 Rising Individual Responsibility in Healthcare: A Case Study of China

Authors: Ziyu Liu, Martin Buijsen

Abstract:

Although great achievements have been made since the beginning of the Chinese healthcare system reform in 1978, there still remain unresolved problems. Currently, the two leading social issues are accessibility and affordability of healthcare. Facing those challenges, Chinese government initiated the third round of healthcare system reform, accompanied by an array of measures. The newly launched strategies show a tendency to deliver healthcare as welfare goods, achieving equality through an ex-post perspective instead of an ex-ante view. However, if the reform efforts rely solely on the notion of “welfare”, the wrong idea of the government as the only duty-bearer in healthcare will arise. Several major threats, such as high costs as a result of inefficiencies and free riding then become imminent. Therefore, on the basis of Dworkin’s theory, this paper argues that individual responsibility should be introduced when constructing a sustainable healthcare system. And it should be equally highlighted as the duties of government. Furthermore, the notion of individual responsibility is believed to be necessary for promoting the justice of a healthcare system.

Keywords: Chinese healthcare system reform, individual responsibility, right to healthcare, social justice

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7527 Sustainability Innovation Capacity Building Framework for UN Sustainable Development Goals

Authors: C. Park, H. Lee, Y-J. Lee

Abstract:

Aim: This study aims to present the Sustainability Innovation Capacity Building Framework (SICBF) to enable the wider public to achieve UN Sustainable Development Goals (UN SDGs) for a sustainable future. The intrinsically interwoven nature of sustainability requires systematic approaches to attain. However, there is a lack of an effective framework for capacity building that enables a systematic implementation approach for UN SDGs. The SICBF illustrates the six core components and their dynamics: 1. Momentum creation; 2. Exposure to diverse worldviews; 3. Serendipity/Eureka moment; 4. Creative problem solving; 5. Individual empowerment; 6. Systems thinking. Method: First, a structured literature review was used to synthesise existing sustainability competencies studies and generic innovation competencies. Secondly, the conceptual framework based on literature findings was tested with the participants' survey and interview data collected from four sets of MAKEathon events. The interview analysis and event observation data were used to further refine and validate the conceptual framework. Contributions: The scientific contribution of this study is to pave the way for SDGs specific capacity building framework that caters to the need for systematic approaches to allow the wider public aspiring to tackle the seemingly intractable sustainable development goals. The framework will aid sustainable development academics, educators, and practitioners in understanding the dynamics of how capacity building can be facilitated.

Keywords: capacity building, sustainability innovation, sustainable development, systems thinking, UN SDGs

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7526 Education Delivery in Youth Justice Centres: Inside-Out Prison Exchange Program Pedagogy in an Australian Context

Authors: Tarmi A'Vard

Abstract:

This paper discusses the transformative learning experience for students participating in the Inside-Out Prison Exchange Program (Inside-out) and explores the value this pedagogical approach may have in youth justice centers. Inside-Out is a semester-long university course which is unique as it takes 15 university students, with their textbook and theory-based knowledge, behind the walls to study alongside 15 incarcerated students, who have the lived experience of the criminal justice system. Inside-out is currently offered in three Victorian prisons, expanding to five in 2020. The Inside-out pedagogy which is based on transformative dialogic learning is reliant upon the participants sharing knowledge and experiences to develop an understanding and appreciation of the diversity and uniqueness of one another. Inside-out offers the class an opportunity to create its own guidelines for dialogue, which can lead to the student’s sense of equality, which is fundamental in the success of this program. Dialogue allows active participation by all parties in reconciling differences, collaborating ideas, critiquing and developing hypotheses and public policies, and encouraging self-reflection and exploration. The structure of the program incorporates the implementation of circular seating (where the students alternate between inside and outside), activities, individual reflective tasks, group work, and theory analysis. In this circle everyone is equal, this includes the educator, who serves as a facilitator more so than the traditional teacher role. A significant function of the circle is to develop a group consciousness, allowing the whole class to see itself as a collective, and no one person holds a superior role. This also encourages participants to be responsible and accountable for their behavior and contributions. Research indicates completing academic courses, like Inside-Out, contributes positively to reducing recidivism. Inside-Out’s benefits and success in many adult correctional institutions have been outlined in evaluation reports and scholarly articles. The key findings incorporate the learning experiences for the students in both an academic capability and professional practice and development. Furthermore, stereotypes and pre-determined ideas are challenged, and there is a promotion of critical thinking and evidence of self-discovery and growth. There is empirical data supporting positive outcomes of education in youth justice centers in reducing recidivism and increasing the likelihood of returning to education upon release. Hence, this research could provide the opportunity to increase young people’s engagement in education which is a known protective factor for assisting young people to move away from criminal behavior. In 2016, Tarmi completed the Inside-Out educator training in Philadelphia, Pennsylvania, and has developed an interest in exploring the pedagogy of Inside-Out, specifically targeting young offenders in a Youth Justice Centre.

Keywords: dialogic transformative learning, inside-out prison exchange program, prison education, youth justice

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7525 Accessible Sustainability Assessment Tools and Approach of the University level Academic Programs

Authors: S. K. Ashiquer Rahman

Abstract:

The innovative knowledge threshold significantly shifted education from traditional to an online version which was an emergent state of arts for academic programs of any higher education institutions; the substantive situation thus raises the importance of deliberative integration of education, Knowledge, technology and sustainability as well as knowledge platforms, e.g., ePLANETe. In fact, the concept of 'ePLANETe' an innovative knowledge platform and its functionalities as an experimental digitized platform for contributing sustainable assessment of academic programs of higher education institution(HEI). Besides, this paper assessed and define the common sustainable development challenges of higher education(HE) and identified effective approach and tools of 'ePLANETe’ that is enable to practices sustainability assessment of academic programs through the deliberation methodologies. To investigate the effectiveness of knowledge tools and approach of 'ePLANETe’, I have studied sustainable challenges digitized pedagogical content as well as evaluation of academic programs of two public universities in France through the 'ePLANETe’ evaluation space. The investigation indicated that the effectiveness of 'ePLANETe’s tools and approach perfectly fit for the quality assessment of academic programs, implementation of sustainable challenges, and dynamic balance of ecosystem within the university communities and academic programs through 'ePLANETe’ evaluation process and space. The study suggests to the relevant higher educational institution’s authorities and policymakers could use this approach and tools for assessing sustainability and enhancing the sustainability competencies of academic programs for quality education

Keywords: ePLANETe, deliberation, evaluation, competencies

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7524 Executing the Law: The Practical Absence of Law and Its Effects on Death Row Inmates and Their Families in Egypt

Authors: Amira M. Othman

Abstract:

Despite the massive array of literature that engages with the Egyptian legislative system on a theoretical level, very little attention has been dedicated to the comparison between the legislative clauses on the one hand, and the (absence of their) real-world implementation on the other. This paper starts with this discrepancy, focusing on the legal proceedings in some recent cases dubbed ‘political,’ in which defendants received death sentences. Then, it sheds light on the trend of practical disregard of the law on behalf of the criminal justice apparatuses (whether security forces, public prosecution offices, lawyers, judges, prison wardens, and executioners) through the examination of case files and the conduction of interviews with some defense lawyers in the cases in question. It also identifies the resultant state of confusion among prison staff, as manifest in their treatment of defendants even before the death sentences against them is pronounced; in other words, the application of some aspects of the law in certain cases, and their simultaneous disregard of others. Then, the paper explores the effects of such execution of the law on the death row inmates, as it identifies the different strategies through which defendants who are sentenced to death appropriate a number of legal clauses to their benefit, thereby embarrassing - or highly irritating - the judges that pronounce their death sentences. In addition to appropriation, other strategies include the contestation of the law and their presence before the courts in general, as well as the complete disregard and dismissal of the legal system altogether. Finally, the paper investigates the consequent conceptual effect on the first degree families of death row inmates, namely how their daily encounters with the Egyptian legislative system - particularly its emphasis on the absence of the otherwise binding local legislation - continue to shape their conceptions of the ‘law,’ of ‘justice,’ and their trust in the ‘state.’

Keywords: death penalty, Egyptian law absence, justice, political cases

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