Search results for: legal change
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 8267

Search results for: legal change

7967 Judicial Independence in Uzbekistan and the United States of America: Comparative-Legal Analysis

Authors: Botirjon Kosimov

Abstract:

This work sheds light on the reforms towards the independence of the judiciary in Uzbekistan, as well as issues of further ensuring judicial independence in the country based on international values, particularly the legal practice of the United States. In every democratic state infringed human rights are reinstated and violated laws are protected by the help of justice based on the strict principle of judicial independence. The realization of this principle in Uzbekistan has been paid much attention since the proclamation of its independence. In the country, a series of reforms have been implemented in the field of the judiciary in order to actualize the principle of judicial independence. Uzbekistan has been reforming the judiciary considering both international and national values and practice of foreign countries. While forming a democratic state based on civil society, Uzbekistan shares practice with the most developed countries in the world. The United States of America can be a clear example which is worth learning how to establish and ensure an independent judiciary. It seems that although Uzbekistan has reformed the judiciary efficiently, it should further reform considering the legal practice of the United States.

Keywords: dependent judges, independent judges, judicial independence, judicial reforms, judicial life tenure, obstacles to judicial independence

Procedia PDF Downloads 251
7966 Mainstreaming Climate Change Adaptation into National and Sectoral Policies in Nepal

Authors: Bishwa Nath Oli

Abstract:

Nepal is highly impacted by climate change and adaptation has been a major focus. This paper investigates the gaps and coherence in national policies across water, forestry, local development and agriculture sectors, identifies their links to climate change adaptation and national development plans and analyzes the effectiveness of climate change policy on adaptation. The study was based on a content analysis of relevant policy documents on the level of attention given to adaptation and key informant interviews. Findings show that sectoral policies have differing degrees of cross thematic coherence, often with mismatched priorities and differing the paths towards achieving climate change goal. They are somewhat coherent in addressing immediate disaster management issues rather than in climate adaptation. In some cases, they are too broad and complicated and the implementation suffers from barriers and limits due to lack of capacity, investment, research and knowledge needed for evidence-based policy process. They do not adequately provide operational guidance in supporting communities in adapting to climate change. The study recommends to a) embrace longer-term cross-sectoral planning within government structures to foster greater policy coherence and integrated adaptation planning, b) increase awareness and flow of information on the potential role of communities in climate change, c) review the existing development sectors from the climate change perspectives, and d) formulate a comprehensive climate change legislation based on the need to implement the new Constitution.

Keywords: agriculture, climate change adaptation, forestry, policies

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7965 Legal Regulation and Critical Analysis for an Effectively Treatment of Pharmaceutical Waste

Authors: Merita Dauti, Edita Alili-Idrizi, Sihana Ahmeti –Lika, Ledjan Malaj

Abstract:

The extermination and proper disposal of pharmaceutical wastes from expired and unused medications remains a disputable issue due to their specific nature and characteristics. Even though the hazards from these wastes are already well known in terms of environment and human health, people still treat them as usual wastes. At a national level, in many countries the management of pharmaceutical and medical wastes has been one of the main objectives in order to protect people’s health and the environment. Even though many legal regulations exist in this respect, there has not been a single law that would clearly explain the procedures of returning medicines, ways of selection, treatment and extermination of pharmaceutical wastes. This paper aims at analyzing the practices of pharmaceutical waste management and treatment in some European countries as well as a review of the legislation and official guidelines in managing these kinds of wastes and protecting the environment and human health. A suitable treatment and management of expired medications and other similar wastes would be in the interest of public health in the first place, as well as in the interest of healthcare institutions and other bodies engaged in environment protection.

Keywords: pharmaceutical waste, legal regulation, proper disposal, environment pollution

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7964 Implementation of Maqasid Syari'ah in the Concept of Reforming the Indonesian Marriage Law Based on Gender Equality: Study of the Counter Legal Draft Compilation of Islamic Law

Authors: Nirmalasanti Pramesi

Abstract:

In 2004 the CLD KHI Team offered several new ideas in the field of Islamic family law, such as marriage, inheritance (waris), and waqf. The new idea is based on six main principles; pluralism, nationality, human rights, democracy, maslahah, and gender equality. However, the existence of this has actually caused various criticisms, appreciations, and controversies. For this reason, CLD-KHI, as the idea of reforming family law, especially in the field of marriage, really needs to be studied academically with a comprehensive method as an unfinished problem. The main issues examined in this study are what are the ideas for reforming the law of marriage that have been formulated by the CLD KHI team, as well as how to implement Maqasid Sharia in legal reform. The methodology used in this research is a qualitative method with a normative-empirical-sociological approach. The results of this research show every substance of the idea considers aspects of locality, nationality, and global ethics. The Maqasid approach used in most of the legal provisions is moderate (wasati). Meanwhile, in matters of wali niqah and inheritance, it is adjusted to the context of Indonesian society.

Keywords: Maqasid syari'ah, CLD KHI, marriage law reform, moderate

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7963 COVID-19 Laws and Policy: The Use of Policy Surveillance For Better Legal Preparedness

Authors: Francesca Nardi, Kashish Aneja, Katherine Ginsbach

Abstract:

The COVID-19 pandemic has demonstrated both a need for evidence-based and rights-based public health policy and how challenging it can be to make effective decisions with limited information, evidence, and data. The O’Neill Institute, in conjunction with several partners, has been working since the beginning of the pandemic to collect, analyze, and distribute critical data on public health policies enacted in response to COVID-19 around the world in the COVID-19 Law Lab. Well-designed laws and policies can help build strong health systems, implement necessary measures to combat viral transmission, enforce actions that promote public health and safety for everyone, and on the individual level have a direct impact on health outcomes. Poorly designed laws and policies, on the other hand, can fail to achieve the intended results and/or obstruct the realization of fundamental human rights, further disease spread, or cause unintended collateral harms. When done properly, laws can provide the foundation that brings clarity to complexity, embrace nuance, and identifies gaps of uncertainty. However, laws can also shape the societal factors that make disease possible. Law is inseparable from the rest of society, and COVID-19 has exposed just how much laws and policies intersects all facets of society. In the COVID-19 context, evidence-based and well-informed law and policy decisions—made at the right time and in the right place—can and have meant the difference between life or death for many. Having a solid evidentiary base of legal information can promote the understanding of what works well and where, and it can drive resources and action to where they are needed most. We know that legal mechanisms can enable nations to reduce inequities and prepare for emerging threats, like novel pathogens that result in deadly disease outbreaks or antibiotic resistance. The collection and analysis of data on these legal mechanisms is a critical step towards ensuring that legal interventions and legal landscapes are effectively incorporated into more traditional kinds of health science data analyses. The COVID-19 Law Labs see a unique opportunity to collect and analyze this kind of non-traditional data to inform policy using laws and policies from across the globe and across diseases. This global view is critical to assessing the efficacy of policies in a wide range of cultural, economic, and demographic circumstances. The COVID-19 Law Lab is not just a collection of legal texts relating to COVID-19; it is a dataset of concise and actionable legal information that can be used by health researchers, social scientists, academics, human rights advocates, law and policymakers, government decision-makers, and others for cross-disciplinary quantitative and qualitative analysis to identify best practices from this outbreak, and previous ones, to be better prepared for potential future public health events.

Keywords: public health law, surveillance, policy, legal, data

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7962 Re-Examining Contracts in Managing and Exploiting Strategic National Resources: A Case in Divestation Process in the Share Distribution of Mining Corporation in West Nusa Tenggara, Indonesia

Authors: Hayyan ul Haq, Zainal Asikin

Abstract:

This work aims to explore the appropriate solution in solving legal problems stemmed from managing and exploiting strategic natural resources in Indonesia. This discussion will be focused on the exploitation of gold mining, i.e. divestation process in the New Mont Corporation, West Nusa Tenggara. These legal problems relate to the deviation of the national budget regulation, UU. No. 19/2012, and the implementation of the divestastion process, which infringes PP. No. 50/2007 concerning the Impelementation Procedure of Regional Cooperation, which is an implementation regulation of UU No. 1/2004 on State’s Treasury. The cooperation model, have been developed by the Provincial Government, failed to create a permanent legal solution through normative approach. It has merely used practical approach that tends (instant solution), by using some loopholes in the divestation process. The above blunders have accumulated by other secondary legal blunders, i.e. good governance principles, particularly justice, transparency, efficiency, effective principles and competitiveness principle. To solve the above problems, this work offers constitutionalisation of contract that aimed at reviewing and coherencing all deviated contracts, rules and policies that have deprived the national and societies’ interest to optimize the strategic natural resources towards the greatest benefit for the greatest number of people..

Keywords: constitutionalisation of contract, strategic national resources, divestation, the greatest benefit for the greatest number of people, Indonesian Pancasila values

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7961 Awareness, Attitude and Perception of the Farmers towards Adaptation to Climate Change: A Case Study in Kedah Malaysia

Authors: Rafia Afroz

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This article examines the perceptions, consciousness and attitudes of farmers on climate change in Kedah Malaysia. To reach the objectives of this study, a survey was conducted on 350 farmers and the collected data were used to perform multiple regression analysis. The results show that factors such as age, farm income, farm experience, limited agricultural prevalence, inadequacies in credit availability and farm size are factors influencing adjustment practices. Moreover, farmers have a positive attitude through adaptation strategies that are appropriate for climate change issues. However, the study found that various adaptation barriers prevented farmers from implementing climate change adjustment policies. At present, Malaysia does not seem to have a specific policy aimed at counteracting the impacts and productivity of climate change on individual sectors. For this reason, the findings of this study will help policymakers to comply with an appropriate policy framework that takes into account the best fit alignment strategies that can come across all relevant obstacles.

Keywords: climate change, adaptation, awareness, perception, attitude

Procedia PDF Downloads 232
7960 Automatic Change Detection for High-Resolution Satellite Images of Urban and Suburban Areas

Authors: Antigoni Panagiotopoulou, Lemonia Ragia

Abstract:

High-resolution satellite images can provide detailed information about change detection on the earth. In the present work, QuickBird images of spatial resolution 60 cm/pixel and WorldView images of resolution 30 cm/pixel are utilized to perform automatic change detection in urban and suburban areas of Crete, Greece. There is a relative time difference of 13 years among the satellite images. Multiindex scene representation is applied on the images to classify the scene into buildings, vegetation, water and ground. Then, automatic change detection is made possible by pixel-per-pixel comparison of the classified multi-temporal images. The vegetation index and the water index which have been developed in this study prove effective. Furthermore, the proposed change detection approach not only indicates whether changes have taken place or not but also provides specific information relative to the types of changes. Experimentations with other different scenes in the future could help optimize the proposed spectral indices as well as the entire change detection methodology.

Keywords: change detection, multiindex scene representation, spectral index, QuickBird, WorldView

Procedia PDF Downloads 126
7959 Jurisdiction of Military Court for Military Members Who Committed General Crimes in Indonesia's Military Justice System and Comparison with Another Countries

Authors: Dini Dewi Heniarti

Abstract:

Military Court which is a judicial institution within the military institution has a heavy duty. Military court has to ensuring a fair legal process for military personnel (due process of law) and enforces military discipline. Military justice must also ensure protects the rights of military personnel. In Indonesia tren of military court changes in vision. The debate is happened on the jurisdiction of military court that allegedly has the potential existence of impunity. The Decree of People’s Consultative Assembly Number VII/MPR/2000 which states that the army general who committed the crime should not be tried in military court is one that underlies the proposed amendment limits the jurisdiction of military court. For the identify of the background in a specific format that is limited to juridical review. The goals this research is to gain knowledge, deep understanding and the concept of jurisdiction of military courts for military members who committed general crimes in adjudication procedure from the perspective of legal reform as alternative to establish independency of military judiciary. This research using Rule of Law as Grand Theory, Development Legal Theory as a Middle Theory and Criminal Justice System and concept of jurisdiction as supporting as Applied Theory. This study using a normative juridical approach, and equipped by primary data juridical approach of historical and comparative approach. The author uses descriptive analytical specifications. The main data used in this research is secondary data, which includes primary legal materials, secondary legal material and legal materials tertiary. Analysis primary data and qualitative data is done legally. Technique checking the validity of the data in this study used multiple methods with the research triangulation. This paper will demonstrate the problems concerning the jurisdiction of military courts for military personnel who committed general crimes in perspective of military justice reform Indonesia and adjudication procedures for military member who committed general crimes in the military justice system in Indonesia, as alternative to establish independency of judiciary in military justice in Indonesia. Comparative approached the military justice system from another countries is aimed to development military justice in Indonesia.

Keywords: jurisdiction, military courts, military justice, independency of judiciary

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7958 The Simplicity of the Future: Plain Methods of Setting up a Company under the Freedom of Enterprise

Authors: Renata Hrecska

Abstract:

This research aims to present today's corporate law reforms in the micro, small and medium-sized enterprise sector. The UN Commission on International Trade Law (UNCITRAL) currently deals with emerging issues in the sector in its Working Group I that has specifically focused on possible company law simplifications, including the creation of a fully unique company, the UNCITRAL Limited Liability Organization. However, beyond the work at the UN, the different states has also been focusing on simplification efforts and demands in the sphere of commercial law. We can observe that e.g. Slovakia, Serbia, Poland, Croatia, Hungary, Romania and France are undergoing legal reforms aimed at restructuring the sector through simplification of registration or operation. An important objective of the research is to examine where the boundary is for the legal entity to be more transparent and accountable, while the legislator wants to bring the possibility of establishing a company closer to the citizen. The research material presents the advantages and disadvantages of different initiatives with comparative legal instruments and draws conclusions on the possible future vision. The researcher herself attended some of the meetings of the relevant UNCITRAL working group as a national delegated expert, giving her a personal insight into the UNLLO discourse.

Keywords: commercial law, company formation, MSME, UNCITRAL

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7957 Remote Sensing and GIS for Land Use Change Assessment: Case Study of Oued Bou Hamed Watershed, Southern Tunisia

Authors: Ouerchefani Dalel, Mahdhaoui Basma

Abstract:

Land use change is one of the important factors needed to evaluate later on the impact of human actions on land degradation. This work present the application of a methodology based on remote sensing for evaluation land use change in an arid region of Tunisia. This methodology uses Landsat TM and ETM+ images to produce land use maps by supervised classification based on ground truth region of interests. This study showed that it was possible to rely on radiometric values of the pixels to define each land use class in the field. It was also possible to generate 3 land use classes of the same study area between 1988 and 2011.

Keywords: land use, change, remote sensing, GIS

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7956 Exploring the Prevailing Unfairness in Muslim Marriage and Divorce Laws in Singapore's Dual Court System

Authors: J. Jayaletchmi

Abstract:

In seeking to manage a multiracial and multi-religious society, Singapore provides a unique solution – a dual court system whereby a common law system co-exists with a Syariah law system that administers Syariah law for the Muslim population. In this respect, Singapore seems to provide a feasible example of legal pluralism to countries grappling with a burgeoning Muslim population. However, problems have arisen regarding this peaceful coexistence of secular and religious laws that seek to balance the rights of women and religious freedom. Singapore’s interpretation of Syariah law in the context of marriage and divorce has resulted in certain inequalities for Muslim women, which are exemplified in light of the Women’s Charter, a landmark piece of legislation which provides the legal basis for equity between husband and wife, but excludes Muslims from its ambit. The success of Singapore’s dual court system has largely been at the expense of Muslim women’s rights, and, as a result, the Muslim community as a whole has begun trailing behind the progressive society it forms a part of. This paper explores the prevailing unfairness of rules governing Muslim marriage and divorce in Singapore, and puts forth bold reforms.

Keywords: legal pluralism, Singapore, Syariah law, women’s rights

Procedia PDF Downloads 242
7955 Determining Abnomal Behaviors in UAV Robots for Trajectory Control in Teleoperation

Authors: Kiwon Yeom

Abstract:

Change points are abrupt variations in a data sequence. Detection of change points is useful in modeling, analyzing, and predicting time series in application areas such as robotics and teleoperation. In this paper, a change point is defined to be a discontinuity in one of its derivatives. This paper presents a reliable method for detecting discontinuities within a three-dimensional trajectory data. The problem of determining one or more discontinuities is considered in regular and irregular trajectory data from teleoperation. We examine the geometric detection algorithm and illustrate the use of the method on real data examples.

Keywords: change point, discontinuity, teleoperation, abrupt variation

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7954 Land Use Change Detection Using Satellite Images for Najran City, Kingdom of Saudi Arabia (KSA)

Authors: Ismail Elkhrachy

Abstract:

Determination of land use changing is an important component of regional planning for applications ranging from urban fringe change detection to monitoring change detection of land use. This data are very useful for natural resources management.On the other hand, the technologies and methods of change detection also have evolved dramatically during past 20 years. So it has been well recognized that the change detection had become the best methods for researching dynamic change of land use by multi-temporal remotely-sensed data. The objective of this paper is to assess, evaluate and monitor land use change surrounding the area of Najran city, Kingdom of Saudi Arabia (KSA) using Landsat images (June 23, 2009) and ETM+ image(June. 21, 2014). The post-classification change detection technique was applied. At last,two-time subset images of Najran city are compared on a pixel-by-pixel basis using the post-classification comparison method and the from-to change matrix is produced, the land use change information obtained.Three classes were obtained, urban, bare land and agricultural land from unsupervised classification method by using Erdas Imagine and ArcGIS software. Accuracy assessment of classification has been performed before calculating change detection for study area. The obtained accuracy is between 61% to 87% percent for all the classes. Change detection analysis shows that rapid growth in urban area has been increased by 73.2%, the agricultural area has been decreased by 10.5 % and barren area reduced by 7% between 2009 and 2014. The quantitative study indicated that the area of urban class has unchanged by 58.2 km〗^2, gained 70.3 〖km〗^2 and lost 16 〖km〗^2. For bare land class 586.4〖km〗^2 has unchanged, 53.2〖km〗^2 has gained and 101.5〖km〗^2 has lost. While agriculture area class, 20.2〖km〗^2 has unchanged, 31.2〖km〗^2 has gained and 37.2〖km〗^2 has lost.

Keywords: land use, remote sensing, change detection, satellite images, image classification

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7953 Electronic Data Interchange (EDI) in the Supply Chain: Impact on Customer Satisfaction

Authors: Hicham Amine, Abdelouahab Mesnaoui

Abstract:

Electronic data interchange EDI is the computer-to-computer exchange of structured business information. This information typically takes the form of standardized electronic business documents, such as invoices, purchase orders, bills of lading, and so on. The purpose of this study is to identify the impact EDI might have on supply chain and typically on customer satisfaction keeping in mind the constraints the organization might face. This study included 139 subject matter experts (SMEs) who participated by responding to a survey that was distributed. 85% responded that they are extremely for the implementation while 10% were neutral and 5% were against the implementation. From the quality assurance department, we have got 75% from the clients agreed to move on with the change whereas 10% stayed neutral and finally 15% were against the change. From the legal department where 80% of the answers were for the implementation and 10% of the participants stayed neutral whereas the last 10% were against it. The survey consisted of 40% male and 60% female (sex-ratio (F/M=1,5), who had chosen to participate. Our survey also contained 3 categories in terms of technical background where 80% are from technical background and 15% were from nontechnical background and 5% had some average technical background. This study examines the impact of EDI on customer satisfaction which is the primary hypothesis and justifies the importance of the implementation which enhances the customer satisfaction.

Keywords: electronic data interchange, supply chain, subject matter experts, customer satisfaction

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7952 Young People and Their Parents Accessing Their Digital Health Data via a Patient Portal: The Ethical and Legal Implications

Authors: Pippa Sipanoun, Jo Wray, Kate Oulton, Faith Gibson

Abstract:

Background: With rapidly evolving digital health innovation, there is a need for digital health transformation that is accessible and sustainable, that demonstrates utility for all stakeholders while maintaining data safety. Great Ormond Street Hospital for Children aimed to future-proof the hospital by transitioning to an electronic patient record (EPR) system with a tethered patient portal (MyGOSH) in April 2019. MyGOSH patient portal enables patients 12 years or older (with their parent's consent) to access their digital health data. This includes access to results, documentation, and appointments that facilitate communication with their care team. As part of the Going Digital Study conducted between 2018-2021, data were collected from a sample of all relevant stakeholders before and after EPR and MyGOSH implementation. Data collection reach was wide and included the hospital legal and ethics teams. Aims: This study aims to understand the ethical and legal implications of young people and their parents accessing their digital health data. Methods: A focus group was conducted. Recruited participants were members of the Great Ormond Street Hospital Paediatric Bioethics Centre. Participants included expert and lay members from the Committee from a variety of professional or academic disciplines. Written informed consent was provided by all participants (n=7). The focus group was recorded, transcribed verbatim, and analyzed using thematic analysis. Results: Six themes were identified: access, competence and capacity - granting access to the system; inequalities in access resulting in inequities; burden, uncertainty and responding to change - managing expectations; documenting, risks and data safety; engagement, empowerment and understanding – how to use and manage personal information; legal considerations and obligations. Discussion: If healthcare professionals are to empower young people to be more engaged in their care, the importance of including them in decisions about their health is paramount, especially when they are approaching the age of becoming the consenter for treatment. Complexities exist in assessing competence or capacity when granting system access, when disclosing sensitive information, and maintaining confidentiality. Difficulties are also present in managing clinician burden, managing user expectations whilst providing an equitable service, and data management that meets professional and legal requirements. Conclusion: EPR and tethered-portal implementation at Great Ormond Street Hospital for Children was not only timely, due to the need for a rapid transition to remote consultations during the COVID-19 pandemic, which would not have been possible had EPR/MyGOSH not been implemented, but also integral to the digital health revolution required in healthcare today. This study is highly relevant in understanding the complexities around young people and their parents accessing their digital health data and, although the focus of this research related to portal use and access, the findings translate to young people in the wider digital health context. Ongoing support is required for all relevant stakeholders following MyGOSH patient portal implementation to navigate the ethical and legal complexities. Continued commitment is needed to balance the benefits and burdens, promote inclusion and equity, and ensure portal utility for patient benefit, whilst maintaining an individualized approach to care.

Keywords: patient portal, young people and their parents, ethical, legal

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7951 Criminal Law Instruments to Counter Corporate Crimes in Poland

Authors: Dorota Habrat

Abstract:

In Polish law, the idea of the introduction of corporate responsibility for crimes is becoming more popular and creates a lot of questions. The need to introduce into the Polish legal system liability of corporate (collective entities) has resulted, among others, from the Polish Republic's international commitments, in particular related to membership in the European Union. The Act of 28 October 2002 on the liability of collective entities for acts prohibited under penalty is one of the example of adaptation of Polish law to Community law. Introduction to Polish law a criminal nature liability of corporations (legal persons) has resulted in a lot of controversy and lack of acceptance from both the scientific community as well as the judiciary. The responsibility of collective entities under the Act has a criminal nature. The main question concerns the ability of the collective entity to be brought to guilt under criminal law sense. Polish criminal law knows only the responsibility of individual persons. So far, guilt as a personal feature of action, based on the ability of the offender to feel in his psyche, could be considered only in relation to the individual person, while the said Act destroyed this conviction. Guilt of collective entity must be proven under at least one of the three possible forms: the guilt in the selection or supervision and so called organizational guilt. The next question is how the principle of proportionality in relation to criminal measures in response of collective entities should be considered. It should be remembered that the legal subjectivity of collective entities, including their rights and freedoms, is an emanation of the rights and freedoms of individual persons which create collective entities and through these entities implement their rights and freedoms. The adopted Act largely reflects the international legal regulations but also contains the unknown and original legislative solutions.

Keywords: criminal corporate responsibility, Polish criminal law, legislative solutions, Act of 28 October 2002

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7950 Enforceability of the Right to Education and Rights in Education for Refugees after the European Refugee Crisis

Authors: Kurt Willems

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The right to education is a fundamental human right, which has been entrenched in many international and regional treaties and national constitutions. Nevertheless, practice shows that many obstacles impede easy access to quality education for refugees. Overall, the material effects of international human rights legislation on improving (irregular) migrants’ access to social rights in the European countries have remained limited due to the lack of guarantees on effective incorporation in the municipal legal order and due to the lack of effective enforcement mechanisms. After the recent refugee crisis in Europe, this issue has grown in importance. The presentation aims to give a brief overview of the most important issues impeding the effective enforceability of the right to education for refugees. I. Do refugees fall within the scope of application of the relevant human rights treaties and to which extent can they invoke human rights treaties in domestic courts to set aside domestic legislation? II. How is the justiciability of the right to education organized in those treaties? III. What is the legal answer to questions raised in practice when dealing with the influx of refugees in Europe: (i) can refugees be placed in separate schools or classes until they can follow the regular curriculum?; (ii) can higher school fees be asked from pupils without legal documents?; (iii) do refugees have a right to be taught in their own native language until they learn to speak the national language? To answer the above questions, the doctrinal and comparative legal method will be used. The normative framework, as interpreted within Europe, will be distilled from the recent and relevant international treaties and European law instruments (in particular the Convention on the Rights of the Child, the European Convention on human rights, the European Social Charter and the International Covenant on Economic, Social and Cultural Rights) and their underlying policy documents, the legal literature, the (limited) European jurisprudence, and the general comments to those treaties. The article is mainly descriptive in nature. Its aim is to serve as a summary of the legal provisions, case law and legal literature on the topic of the right to education for refugees. The research shows that the reasons for the delicate enforceability of the rights to and the rights in education are multifold. The research will categorize the different contributing factors under the following headings: (i) problems related to the justiciability of international law as such; (ii) problems specifically related to the educational field; (iii) problems related to policy issues in the refugee debate. By categorizing the reasons contributing to the difficult enforceability of the right to education and the rights in education for refugees, this research hopes to facilitate the search for solutions to this delicate problem.

Keywords: right to education, refugees, discrimination, enforceability of human rights

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7949 A Model of Knowledge Management Culture Change

Authors: Reza Davoodi, Hamid Abbasi, Heidar Norouzi, Gholamabbas Alipourian

Abstract:

A dynamic model shaping a process of knowledge management (KM) culture change is suggested. It is aimed at providing effective KM of employees for obtaining desired results in an organization. The essential requirements for obtaining KM culture change are determined. The proposed model realizes these requirements. Dynamics of the model are expressed by a change of its parameters. It is adjusted to the dynamic process of KM culture change. Building the model includes elaboration and integration of interconnected components. The “Result” is a central component of the model. This component determines a desired organizational goal and possible directions of its attainment. The “Confront” component engenders constructive confrontation in an organization. For this reason, the employees are prompted toward KM culture change with the purpose of attaining the desired result. The “Assess” component realizes complex assessments of employee proposals by management and peers. The proposals are directed towards attaining the desired result in an organization. The “Reward” component sets the order of assigning rewards to employees based on the assessments of their proposals.

Keywords: knowledge management, organizational culture change, employee, result

Procedia PDF Downloads 395
7948 The Regulation of Reputational Information in the Sharing Economy

Authors: Emre Bayamlıoğlu

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This paper aims to provide an account of the legal and the regulative aspects of the algorithmic reputation systems with a special emphasis on the sharing economy (i.e., Uber, Airbnb, Lyft) business model. The first section starts with an analysis of the legal and commercial nature of the tripartite relationship among the parties, namely, the host platform, individual sharers/service providers and the consumers/users. The section further examines to what extent an algorithmic system of reputational information could serve as an alternative to legal regulation. Shortcomings are explained and analyzed with specific examples from Airbnb Platform which is a pioneering success in the sharing economy. The following section focuses on the issue of governance and control of the reputational information. The section first analyzes the legal consequences of algorithmic filtering systems to detect undesired comments and how a delicate balance could be struck between the competing interests such as freedom of speech, privacy and the integrity of the commercial reputation. The third section deals with the problem of manipulation by users. Indeed many sharing economy businesses employ certain techniques of data mining and natural language processing to verify consistency of the feedback. Software agents referred as "bots" are employed by the users to "produce" fake reputation values. Such automated techniques are deceptive with significant negative effects for undermining the trust upon which the reputational system is built. The third section is devoted to explore the concerns with regard to data mobility, data ownership, and the privacy. Reputational information provided by the consumers in the form of textual comment may be regarded as a writing which is eligible to copyright protection. Algorithmic reputational systems also contain personal data pertaining both the individual entrepreneurs and the consumers. The final section starts with an overview of the notion of reputation as a communitarian and collective form of referential trust and further provides an evaluation of the above legal arguments from the perspective of public interest in the integrity of reputational information. The paper concludes with certain guidelines and design principles for algorithmic reputation systems, to address the above raised legal implications.

Keywords: sharing economy, design principles of algorithmic regulation, reputational systems, personal data protection, privacy

Procedia PDF Downloads 456
7947 Role of Biotechnology to Reduce Climate - Induced Impact

Authors: Sandani Muthukumarana, Malith Shehan Keraminiyage, Pavithra Rathnasiri

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Climate change is one of the most pressing issues facing our generation. However, it also presents an opportunity to grow the economy using biotechnology. Biotechnology offers a variety of solutions that can help mitigate the effects of global warming. Despite this, there is a lack of research on the potential and challenges associated with the further use of biotechnology to combat the impacts of climate change. To address this gap, it is essential to investigate the current context surrounding the use of biotechnology for climate change mitigation, including potential applications, current practices, and existing challenges. By reviewing the existing literature on these perspectives, this paper aims to provide a comprehensive understanding of the potential for biotechnology to mitigate the hazards of climate change. The use of biotechnology to mitigate the effects of climate change will be made easier as a result, and this will lay the groundwork for further study and actual initiatives in this field. Biotechnology can play a crucial role in mitigating the impacts of climate change. It offers a range of solutions, such as genetically modified crops, bioremediation, and bioenergy, that can help reduce greenhouse gas emissions, enhance carbon sequestration, and increase climate resilience. By utilizing biotechnology, we can reduce the negative impacts of climate change and create a more sustainable future. According to this knowledge, researchers can harness the potential of biotechnology to fight climate change and build a more sustainable future for future generations.

Keywords: biotechnology, impact, solutions, climate changes

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7946 Challenges of Climate Change on Agricultural Productivity in Sub-Saharan Africa

Authors: Mohammed Sale Abubakar, Kabir Omar, Mohammed Umar Abba

Abstract:

The effects of climate change continue to ravage globe upsetting or even overturning the entire communities in its wake. It is therefore on the front burner of most global issues affecting the world today. Hardly any field of endeavor has escaped the manifestation of its effects. The effects of climate change on agricultural productivity calls for intense study because of the nexus between agriculture, global food security and provision of employment for the teaming population in sub-saharan Africa. This paper examines current challenges of climate change on agricultural productivity in this region. This challenge indicated that both long and short-term change in climate bring unpleasant repercussion on agricultural productivity as they manifest in the vulnerability of industrial work force. The paper also focused on the impact of agriculture and bio-environmental engineering as a separate entity that will help to fight these major challenges facing humanity currently associated with negative effects of climate change such as scarcity of water, declining agricultural yields, desert encroachment, and damage of coastal structures. Finally, a suggestion was put forward as an effort that should be directed towards mitigating the negative effects of climate change on our environment.

Keywords: climate change mitigation, desert encroachment, environment, global food security, greenhouse gases (GHGs)

Procedia PDF Downloads 341
7945 Legal Aspects in Character Merchandising with Reference to Right to Image of Celebrities

Authors: W. R. M. Shehani Shanika

Abstract:

Selling goods and services using images, names and personalities of celebrities has become a common marketing strategy identified in modern physical and online markets. Two concepts called globalization and open economy have given numerous reasons to develop businesses to earn higher profits. Therefore, global market plus domestic markets in various countries have vigorously endorsing images of famous sport stars, film stars, singing stars and cartoon characters for the purpose of increasing demand for goods and services rendered by them. It has been evident that these trade strategies have become a threat to famous personalities in financially and personally. Right to the image is a basic human right which celebrities owned to avoid themselves from various commercial exploitations. In this respect, this paper aims to assess whether the law relating to character merchandising satisfactorily protects right to image of celebrities. However, celebrities can decide how much they receive for each representation to the general public. Simply they have exclusive right to decide monetary value for their image. But most commonly every country uses law relating to unfair competition to regulate matters arise thereof. Legal norms in unfair competition are not enough to protect image of celebrities. Therefore, celebrities must be able to avoid unauthorized use of their images for commercial purposes by fraudulent traders and getting unjustly enriched, as their images have economic value. They have the right for use their image for any commercial purpose and earn profits. Therefore it is high time to recognize right to image as a new dimension to be protected in the legal framework of character merchandising. Unfortunately, to the author’s best knowledge there are no any uniform, single international standard which recognizes right to the image of celebrities in the context of character merchandising. The paper identifies it as a controversial legal barrier faced by celebrities in the rapidly evolving marketplace. Finally, this library-based research concludes with proposals to ensure the right to image more broadly in the legal context of character merchandising.

Keywords: brand endorsement, celebrity, character merchandising, intellectual property rights, right to image, unfair competition

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7944 Considering Climate Change in Food Security: A Sociological Study Investigating the Modern Agricultural Practices and Food Security in Bangladesh

Authors: Hosen Tilat Mahal, Monir Hossain

Abstract:

Despite being a food-sufficient country after revolutionary changes in agricultural inputs, Bangladesh still has food insecurity and undernutrition. This study examines the association between agricultural practices (as social practices) and food security concentrating on the potential impact of sociodemographic factors and climate change. Using data from the 2012 Bangladesh Integrated Household Survey (BIHS), this study shows how modifiedagricultural practices are strongly associated with climate change and different sociodemographic factors (land ownership, religion, gender, education, and occupation) subsequently affect the status of food security in Bangladesh. We used linear and logistic regression models to analyze the association between modified agricultural practices and food security. The findings indicate that socioeconomic statuses are significant predictors of determining agricultural practices in a society like Bangladesh and control food security at the household level. Moreover, climate change is adversely impactingeven the modified agricultural and food security association version. We conclude that agricultural practices must consider climate change while boosting food security. Therefore, future research should integrate climate change into the agriculture and food-related mitigation and resiliency models.

Keywords: food security, agricultural productivity, climate change, bangladesh

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7943 Study on Principals Using Change Leadership to Promote School Innovation: A Case Study of a Primary School in Taiwan

Authors: Chih-Wen Fan

Abstract:

Backgrounds/ Research goals : School improvement requires change leadership, which often means discomfort. Principals are the key people that determine the effectiveness of schools. In an era of organization’s pursuit of speed and effectiveness, school administration has to be accountable and innovative. Effective principals work to improve achievement by focusing on the administrative and teaching quality of improvement. However, there is a lack of literature addressing the relevant case studies on school change leadership. This article explores how principals can use change leadership to drive school change. It analyze the driving factors of principal changes in the case school, the beliefs of change leadership, specific methods, and what impact they have. Methods: This study applies the case study research method to the selected primary school located in an urban area for case study, which has achieved excellent performance after reform and innovation. The researchers selected an older primary school located in an urban area that was transformed into a high-performance primary school after changes were enacted by the principal. The selected case was recommended by three supervisors of the Education Department. The case school underwent leadership change by the new principal during his term, and won an award from the Ministry of Education. Total of 8 teachers are interviewed. The data encoding includes interviews and documents. Expected results/ conclusions: The conclusions of the study are, as follows: (1) The influence for Principal Lin's change leadership is from internal and external environmental development and change pressures. (2) The principal's belief in change leadership is to recognize the sense of crisis, and to create a climate of change and demand for change. (3) The principal's specific actions are intended to identify key members, resolve resistance, use innovative thinking, and promote organizational learning. (4) Principal Lin's change leadership can enhance the professional functions of all employees through appropriate authorization. (5) The effectiveness of change leadership lies in teachers' participation in decision-making; the school's reputation has been enhanced through featured courses.

Keywords: change leadership, empowerment, crisis awareness, case study

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7942 Climate Change and Human Migration

Authors: Sungwoo Park

Abstract:

The paper attempts to investigate the correlation between climate change and migration that has caused violent disputes in some regions of the world. Recently, NGOs and educational institutions have proposed claims that migratory patterns and violent uprisings are intertwined with climate change. Thus, the paper is primarily concerned with collecting evidences provided from scholars, validating this significant connection between climate change and migration, and evaluating and suggesting current and future research approaches respectively to enhance the acknowledgment and protection of environmental refugees. In order to examine the linkage of environmental migration, primary sources, such as political speeches, and secondary sources like theses from environmental policy analysts, books, and reports are used. More specifically, the investigation focuses on an civil war in Syria to draw a connection between environmental migration and violent dispute that threatens the global security. The examination undertaken specifically analyzes examples where forced migration occurred due to climate change. In Bangladesh, Pakistan, and Kiribati, residents have been at risk of fleeing their countries because of abnormal climate patterns, such as the rise of sea level or an excessive heat stress. As the brutal uprising in Syria has proven that climate change can pose a significant threat to global security, correlation between climate change and migration is surely worth delving into.

Keywords: climate change, climate migration, global security, refugee crisis

Procedia PDF Downloads 336
7941 Impact of Informal Institutions on Development: Analyzing the Socio-Legal Equilibrium of Relational Contracts in India

Authors: Shubhangi Roy

Abstract:

Relational Contracts (informal understandings not enforceable by law) are a common feature of most economies. However, their dominance is higher in developing countries. Such informality of economic sectors is often co-related to lower economic growth. The aim of this paper is to investigate whether informal arrangements i.e. relational contracts are a cause or symptom of lower levels of economic and/or institutional development. The methodology followed involves an initial survey of 150 test subjects in Northern India. The subjects are all members of occupations where they frequently transact ensuring uniformity in transaction volume. However, the subjects are from varied socio-economic backgrounds to ensure sufficient variance in transaction values allowing us to understand the relationship between the amount of money involved to the method of transaction used, if any. Questions asked are quantitative and qualitative with an aim to observe both the behavior and motivation behind such behavior. An overarching similarity observed during the survey across all subjects’ responses is that in an economy like India with pervasive corruption and delayed litigation, economy participants have created alternative social sanctions to deal with non-performers. In a society that functions predominantly on caste, class and gender classifications, these sanctions could, in fact, be more cumbersome for a potential rule-breaker than the legal ramifications. It, therefore, is a symptom of weak formal regulatory enforcement and dispute settlement mechanism. Additionally, the study bifurcates such informal arrangements into two separate systems - a) when it exists in addition to and augments a legal framework creating an efficient socio-legal equilibrium or; b) in conflict with the legal system in place. This categorization is an important step in regulating informal arrangements. Instead of considering the entire gamut of such arrangements as counter-development, it helps decision-makers understand when to dismantle (latter) and when to pivot around existing informal systems (former). The paper hypothesizes that those social arrangements that support the formal legal frameworks allow for cheaper enforcement of regulations with lower enforcement costs burden on the state mechanism. On the other hand, norms which contradict legal rules will undermine the formal framework. Law infringement, in presence of these norms, will have no impact on the reputation of the business or individual outside of the punishment imposed under the law. It is especially exacerbated in the Indian legal system where enforcement of penalties for non-performance of contracts is low. In such a situation, the social norm will be adhered to more strictly by the individuals rather than the legal norms. This greatly undermines the role of regulations. The paper concludes with recommendations that allow policy-makers and legal systems to encourage the former category of informal arrangements while discouraging norms that undermine legitimate policy objectives. Through this investigation, we will be able to expand our understanding of tools of market development beyond regulations. This will allow academics and policymakers to harness social norms for less disruptive and more lasting growth.

Keywords: distribution of income, emerging economies, relational contracts, sample survey, social norms

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7940 The Impact of Climate Change on the Spread of Potato Pests in Kazakhstan

Authors: R. Zh. Abdukerim, D. A. Absatarova, A. T. Aitbayeva, M. A. Askarova, S. T. Turuspekova, E. V. Zhunus

Abstract:

The resilience of agricultural systems at the global level to climate change and their ability to recover determines the prospects for food security on a global scale. Since climate change will lead to changes in temperatures, precipitation, weather conditions and mass outbreaks of harmful organisms. The issue of adaptation to climate change in the agricultural sector is one of the priorities of Kazakhstan's Development Strategy for the period up to 2050. Since Kazakhstan is an agroindustrial country in which agriculture plays an important economic role. Kazakhstan is the largest potato producer in Central Asia, accounting for about 60% of the total vegetable production, which determines the urgency of solving the problem of increasing yields and quality. The control harmful organisms plays an important role in solving this issue. Due to the fact that climate change can lead to an increase in the number of harmful organisms and, accordingly, to a complete loss of harvest.

Keywords: potato pests, Colorado potato beetle, soil pests, global climate change

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7939 Legal Implications of a Single African Air Transport Market on Airlines and Passengers in Nigeria

Authors: Adejoke Omowumi Adediran

Abstract:

The commitment of African states to liberalise civil aviation in Africa through the implementation of the Yamoussoukro Decision of 1999 was reiterated in 2015 at the African Union Assembly meeting. A declaration was made by African Heads of government at the meeting to ensure the immediate implementation of the decision towards the establishment of a Single African Air Transport Market (SAATM) by 2017. A SAATM will imply among others, a removal of all commercial restrictions for African airlines in Africa; access to any route in Africa by African airlines without any required permit or authorisation; and a common set of regulations for airlines in African member states. As the envisioned 2017 date for launching the SAATM could not be met, a new date of January 2018 has been set. The lack of political will by African States, however, remains a prominent challenge to the realisation of the SAATM. As at June 2017, only twenty-one states had signed the commitment to actualise the decision creating the SAATM. In actualisation of the SAATM, a regulatory framework has been established to efficiently manage the new African airline industry, and regulatory texts have been adopted as part of the legal regime. This legal regime is to regulate both interstate and domestic operations. Airlines in Nigeria are currently faced with certain challenges which ultimately affect their effectiveness and passengers as well do not enjoy utmost customer satisfaction with services rendered by the airlines. Although Nigeria has demonstrated support for the SAATM since 2015, as Nigeria alongside ten other states, signed the initial commitment, whether or not SAATM will eventually be beneficial to airlines and passengers has become an issue in the light of the challenges of the Nigerian airline industry. Remarkably, the benefit of the SAATM is to a large extent ultimately determined by its legal framework. Using doctrinal research, this paper examines the legal implications of the SAATM on airlines and passengers in Nigeria. This paper analyses the legal framework of SAATM and juxtaposes this with the particular issues affecting airlines and passengers in Nigeria such as financial difficulties on the part of airlines and consumer protection as regards passengers. Among others, it can be asserted that the legal regime affords an opportunity for business expansion and creates a fair environment for competition. This is beneficial not only to the airlines but to passengers as well. In addition, in the interest of passengers, consumer rights are prescribed, and the regulations also cater for situations where airlines interrupt their services, as losses arising from these situations will be mitigated. There is indeed no doubt that the SAATM will be of great utility to both airlines and passengers in Nigeria.

Keywords: airlines, civil aviation, competition, consumer protection, passengers, single African air transport market, yamoussoukro decision

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7938 Beyond Juridical Approaches: The Role of Sociological Approach in Promoting Human Rights of Migrants

Authors: Ali Aghahosseini Dehaghani

Abstract:

Every year in this globalized world, thousands of migrants leave their countries hoping to find a better situation of life in other parts of the world. In this regard, many questions, from a human rights point of view, have been raised about how this phenomenon should be managed in the host countries. Although legal approaches such as legislation and litigation are inevitable in the way to respect the human rights of migrants, there is an increasing consensus about the fact that a strict juridical approach is inadequate to protect as well as to prevent violations of migrants’ rights. Indeed, given the multiplicity of factors that affect and shape the application of these rights and considering the fact that law is a social phenomenon, what is needed is an interdisciplinary approach, which combines both juridical approaches and perspectives from other disciplines. In this respect, a sociological approach is important because it shows the social processes through which human rights of migrants have been constructed or violated in particular social situations. Sociologists who study international migration ask the questions such as how many people migrate, who migrates, why people migrate, what happens to them once they arrive in the host country, how migration affects sending and receiving communities, the extent to which migrants help the economy, the effects of migration on crimes, and how migrants change the local communities. This paper is an attempt to show how sociology can promote human rights of migrants. To this end, the article first explores the usefulness and value of an interdisciplinary approach to realize how and to what extent sociology may improve and promote the human rights of migrants in the destination country. It then examines mechanisms which help to reach to a systematic integration of law and sociological discipline to advance migrants’ rights as well as to encourage legal scholars to consider the implications of societal structures in their works.

Keywords: human rights, migrants, sociological approach, interdisciplinary study

Procedia PDF Downloads 439