Search results for: legal education
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 8755

Search results for: legal education

8455 The Implementation of Anti-Circumvention Legislations in Thai Copyright System

Authors: Chuencheewin Yimfuang

Abstract:

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

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

Procedia PDF Downloads 87
8454 Challenging Shariah-Compliant Contract: A Latest Insight into the Malaysian Court Cases

Authors: Noor Suhaida Kasri

Abstract:

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

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

Procedia PDF Downloads 235
8453 Sex Education: The Teacher’s Discourses About the Relation Between the Children and the Media, Concerning Sex Education and the Childhood

Authors: Katerina Samartzi

Abstract:

This study focuses on the teacher’s discourses in Greece, about the relation between the children and the media, concerning sex education and widely the childhood. The teachers’ input reflect the anxieties and the dominant discourses that exist around these issues. The study begins with the critical discussion of the available literature concerning the potential impact of media and the ‘moral panics’, their role in sex education and the children’s use of sexual material. Moreover, the study analyses the social construction of childhood and sexuality. Given the lack of explicit and official protocol for the sex education in Greece and due the fact that the young people are familiar with all the material provided by the New Media and their part as an informal education, this project aims to point out the factors that reinforce these gaps. This study focuses on the way the adults and specifically teachers contextualize the children’s relation with media, their sexuality, the sex education, the use of sexual material and the childhood.

Keywords: childhood, children's sexuality, media, moral panics, pornography, sex education

Procedia PDF Downloads 176
8452 The Effects of the Convergence of Common Law and Civil Law on the Judicial Practice

Authors: István Erdős

Abstract:

The convergence of common law and civil law systems is a defining phenomenon in current legal development, which has an effect on the practice of law. One cause of this convergence is the growing importance of international private law due to international trade, as well as the growing importance of EU law. However, it is unclear how this process alters the judicial practice in civil law countries where common law elements have been adopted. This research focuses on the introduction of the limited precedent system in Hungary, which swiftly changed the practice of law by introducing common law features. The study analyzes key decisions of the Curia of Hungary (the Supreme Court) utilizing structural content analysis (SCA) to understand the effects of this convergence phenomenon. A key conceptual contribution of the study concerns the link between adjudication theory and judicial practice. The study finds that adjudication theory and practice shifted. Based on the findings, the study makes suggestions about the changes required by the participants of the legal world to proactively adapt to the changing legal environment.

Keywords: international convergence, judicial practice, limited precedent system, structural content analysis

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8451 Tussle of Intellectual Property Rights and Privacy Laws with Reference to Artificial Intelligence

Authors: Lipsa Dash, Gyanendra Sahu

Abstract:

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

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

Procedia PDF Downloads 126
8450 Competition as an Appropriate Instructional Practice in the Physical Education Environment: Reflective Experiences

Authors: David Barney, Francis Pleban, Muna Muday

Abstract:

The purpose of this study was to explore gender differences of former physical education students related to reflective experiences of competition in physical education learning environment. In the school environment, students are positioned in competitive situations, including in the physical education context. Therefore it is important to prepare future physical educators to address the role of competition in physical education. Participants for this study were 304 college-aged students and young adults (M = 1.53, SD = .500), from a private university and local community located in the western United States. When comparing gender, significant differences (p < .05) were reported for four (questions 5, 7, 12, and 14) of the nine scaling questions. Follow-up quantitative findings reported that males (41%) more than females (27%) witnessed fights in physical education environment during competitive games. Qualitative findings reported fighting were along the lines of verbal confrontation. Female participants tended to experience being excluded from games, when compared to male participants. Both male and female participants (total population; 95%, males; 98%; and females 92%) were in favor of including competition in physical education for students. Findings suggest that physical education teachers and physical education teacher education programs have a responsibility to develop gender neutral learning experiences that help students better appreciate the role competition plays, both in and out of the physical education classroom.

Keywords: competition, physical education, physical education teacher education, gender

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8449 Inclusive Education in South African Universities: Pre-Service Teachers’ Experiences

Authors: Cina Mosito, Toyin Mary Adewumi, Charlene Nissen

Abstract:

One of the goals of inclusive education is to provide learners with suitable learning environments and prospects to best attain their potential. This study sought to determine the experiences of studying inclusive education on pre-service teachers’ teaching within the South African education context. A purposeful sample comprising 6 pre-service teachers was selected from a university of technology located in the Western Cape South Africa. Data were collected using open-ended questionnaires, which were exploratory in nature and analyzed thematically. The findings supported significant proportions of experiences as self-reported by pre-service teachers. The pre-service teachers’ experiences of studying inclusive education included inclusive education as an “eye-opener” to the fact that learners experiencing various barriers to learning can be accommodated in the regular classrooms, exposure to some aspects of inclusive education, such as diversity, learners’ rights, and curriculum differentiation. It was also revealed that studying inclusive education made pre-service teachers love and enjoy teaching more. The study shows that awareness of inclusive education has influenced pre-service teachers in South African schools.

Keywords: experience, inclusive education, pre-service teacher, South Africa

Procedia PDF Downloads 206
8448 Liability Aspects Related to Genetically Modified Food under the Food Safety Legislation in India

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

Abstract:

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

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

Procedia PDF Downloads 356
8447 Protecting Labor Rights in the Platform Economy: Legal Challenges and Innovative Explorations

Authors: Ruwen Pei

Abstract:

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

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

Procedia PDF Downloads 75
8446 Challenges in the Use of Information and Communication Technology in Agricultural Education and Training in Colleges of Education in Adamawa State

Authors: Harrison Gideon Maghra

Abstract:

The study was conducted on the challenges in the use of ICT in Agricultural Education and Training in Colleges of Education in Adamawa State. Three objectives guided the study, and the objectives were translated into three research questions and the research questions translated into two null hypotheses. Frequency and percentage were used to answer research question one, mean and standard deviation were used to answer research questions two and three, and t-test statistic was used to test the null hypotheses at 0.05 level of significance. The study was descriptive research and a questionnaire was used to solicit responses from the respondent. The instrument for data collection was subjected to face and content validity by 1 expert in the Department of Vocational Education, Modibbo Adama University, Yola and 3 experts from the Department of Vocational and Technical Education, Adamawa State University, Mubi. Pearson Product Moment Correlation Coefficient was used to test the reliability of the instrument and a reliability coefficient of 0.76 was obtained through the test re-test test method. Results from the study revealed that ICT facilities are not available in state-owned colleges of education. Agricultural Education lecturers have a positive attitude toward the use of ICT in teaching agricultural education and training. Based on the findings of the study, recommendations were made, among which: Colleges of Education in the state should organize training on the use of ICT for all lecturers, including those in the Agricultural Education program.

Keywords: challenges, ICT, agricultural education, colleges of education

Procedia PDF Downloads 82
8445 A South African Perspective on Artificial Intelligence and Legal Personality

Authors: M. Naidoo

Abstract:

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

Keywords: artificial intelligence, bioethics, law, legal personality

Procedia PDF Downloads 89
8444 Impact of Gaming Environment in Education

Authors: Md. Ataur Rahman Bhuiyan, Quazi Mahabubul Hasan, Md. Rifat Ullah

Abstract:

In this research, we did explore the effectiveness of the gaming environment in education and compared it with the traditional education system. We take several workshops in both learning environments. We measured student’s performance by providing a grading score (by professional academics) on their attitude in different criteria. We also collect data from survey questionnaires to understand student’s experiences towards education and study. Finally, we examine the impact of the different learning environments by applying statistical hypothesis tests, the T-test, and the ANOVA test.

Keywords: gamification, game-based learning, education, statistical analysis, human-computer interaction

Procedia PDF Downloads 233
8443 Recognition and Protection of Indigenous Society in Indonesia

Authors: Triyanto, Rima Vien Permata Hartanto

Abstract:

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

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

Procedia PDF Downloads 330
8442 Cultures, Differences, and Education in EU: Right to Have Rights against Reality

Authors: Ana Campina, José Caramelo Gomes, Maria Emília Teixeira, Cristina Costa-Lobo

Abstract:

In the pursuit of educational equity within Human Rights and European Fundamental Laws, the reality presents serious problems based on the psychologic, social understanding. Take into account the miscellaneous cultures in the global context and the nowadays numbers of Human mobilities, there are serious problems affecting the societies. This justifies the diagnosed need of a renew pedagogical and social education strategy to achieve the integration positive context preventing violence and discrimination, especially in Education systems. Consequently, it is important to have in mind the respect, acceptance, and integration of special needs students in all study degrees, as it is law but a complex reality. Despite the UN and International Human Rights, European Fundamental Chart, and all EU Treats, as the 28th EU State Member’s fundamental laws forecast the right of Education, the respect, the action and promotion of different cultures and the Education for ‘Difference’ integration – cultures; ideologies, Special Needs Students/Citizens – there are different and severe problems. Firstly, there are questions/contexts/problems not denounced by the lack of investments, political, social or ‘powers’ pressures, so, consequently, the authorities don’t have the action as laws demand and the transgressors haven´t any juridical or judicial punishment. Secondly, and our most important point: Governments, authorities and even victims hide these violations/violence/problems what disable the effective protection and law enforcement. Finally, the official and non-official strategies to get around the duties, break away the laws, failing the victims protection and consequently enable the problems increase dramatically. With this research, we observed that there are international Organizations/regions and States acting without respect to the Education right despite their democratic ideology and the generated external ‘image’ of law-abiding and Human Rights defenders. Nevertheless, it is urgent to develop a consistent Human Rights Education program aiming to protect, promote and implement the Right to be different and be respected by the law, the governments, institutions official and non-official, adapted to the needs in each society. The background of this research is the International and European laws, in accordance with the state’s legal systems. The approaches and the differences of the Education for Human and Fundamental Rights execution in the different EU countries, studying the pedagogy and social inclusion programs/strategies, with particular analysis of the Special Needs students. The results aim to construct a European Education profiling, with the governments and EU interventions need, as well as the panorama of the Special Needs Students effective integration achieving a renewed strategy to promote the respect of the Differences and an Inclusive School life.

Keywords: international human rights, culture, differences, European education profiling

Procedia PDF Downloads 191
8441 Infringement of Patent Rights with Doctrine of Equivalent for Turkey

Authors: Duru Helin Ozaner

Abstract:

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

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

Procedia PDF Downloads 216
8440 Directors’ Duties, Civil Liability, and the Business Judgment Rule under the Portuguese Legal Framework

Authors: Marisa Catarina da Conceição Dinis

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The commercial companies’ management has suffered an important material and legal transformation in the last years, mainly related to the changes in the Portuguese legal framework and because of the fact they were recently object of great expansion. In fact, next to the smaller family businesses, whose management is regularly assumed by partners, companies with social investment highly scattered, whose owners are completely out from administration, are now arising. In those particular cases, the business transactions are much more complex and require from the companies’ managers a highly technical knowledge and some specific professionals’ skills and abilities. This kind of administration carries a high-level risk that can both result in great success or in great losses. Knowing that the administration performance can result in important losses to the companies, the Portuguese legislator has created a legal structure to impute them some responsibilities and sanctions. The main goal of this study is to analyze the Portuguese law and some jurisprudence about companies’ management rules and about the conflicts between the directors and the company. In order to achieve these purposes we have to consider, on the one hand, the legal duties directly connected to the directors’ functions and on the other hand the disrespect for those same rules. The Portuguese law in this matter, influenced by the common law, determines that the directors’ attitude should be guided by loyalty and honesty. Consequently, we must reflect in which cases the administrators should respond to losses that they might cause to companies as a result of their duties’ disrespect. In this way is necessary to study the business judgment rule wich is a rule that refers to a liability exclusion rule. We intend, in the same way, to evaluate if the civil liability that results from the directors’ duties disrespect can extend itself to those who have elected them ignoring or even knowing that they don´t have the necessary skills or appropriate knowledge to the position they hold. To charge directors’, without ruining entrepreneurship, charging, in the same way, those who select them reinforces the need for more responsible and cautious attitudes which will lead consequently to more confidence in the markets.

Keywords: business judgment rule, civil liability of directors, duty of care, duty of care, Portuguese legal framework

Procedia PDF Downloads 347
8439 Perception and Participation Quality Assurance in Higher Education: A Case Study of Phranakhon Rajabhat University, Thailand

Authors: O. Vanijajiva, K. Oumaree, N. Ngampak

Abstract:

This research aims to study the level of perception and participation of Phranakhon Rajabhat University staff and to study the relationship between the levels of perception and participation with the score of University evaluation of quality assurance in education. The respondents were composed of 479 staffs. The tool used in this research is perceived and participation questionnaire of quality assurance in education of Phranakhon Rajabhat University. The results found that the most staffs are female with undergraduate education. Most 2 respondents are revealing educational staffs without academic position. The fact of times to gain knowledge of quality assurance in education is 1-3 times. The perception of knowledge about quality assurance in education is moderate (3.74 ± 0.65) with most respondent are more focus on university activity than quality assurance in education activity. The participation of quality assurance in education activities involved in moderate (3.17 ± 0.88), with most respondents more involved in student affair than quality assurance in education motion. For assessment of the relationship of perception and participation of quality assurance in education are average score (4.31 ± 0.16) showed that the level of perception and participation was associated with university evaluation in very low level (r = -0.103 and -0.121, respectively), while perception and participation are correlated with the moderate level (r = 0.691).

Keywords: quality assurance education, awareness, participation, higher education, Thailand

Procedia PDF Downloads 370
8438 A Regulatory Analysis on Legal Problems of BitCoin

Authors: Fady Tawakol

Abstract:

BitCoin is a decentralized cryptocurrency that can be used without the need of traditional central banks to accomplish any e-commerce trade. The use of such currency could facilitate new economic interactions and linkages. However, without effective and efficient regulations, cryptocurrency transactions are mostly used by criminals to commit crimes such as money laundering, theft, and blackmailing. And because law is one step behind technological developments, this paper discusses the importance of regulations and supervision for the BitCoin-system, to provide unified regulatory solutions for our digital future in the Middle East. It will provide a detailed analysis of the legal nature of BitCoin along with, its regulation with respect to criminal and civil law.

Keywords: BitCoin, financial protection, crypto currency, money laundering

Procedia PDF Downloads 210
8437 Technology, Music Education, and Social-Emotional Learning in Latin America

Authors: Jinan Laurentia Woo

Abstract:

This paper explores the intersection of technology, music education, and social-emotional learning (SEL) with a focus on Latin America. It delves into the impact of music education on social-emotional skills development, highlighting the universal significance of music across various life stages. The integration of artificial intelligence (AI) in music education is discussed, emphasizing its potential to enhance learning experiences. The paper also examines the implementation of SEL strategies in Latin American public schools, emphasizing the importance of fostering social-emotional well-being in educational settings. Challenges such as unequal access to technology and education in the region are addressed, calling for further research and investment in tech-assisted music education.

Keywords: music education, social emotional learning, educational technology, Latin America, artificial intelligence, music

Procedia PDF Downloads 60
8436 Knowledge Based Liability for ISPs’ Copyright and Trademark Infringement in the EU E-Commerce Directive: Two Steps Behind the Philosophy of Computing Mind

Authors: Mohammad Sadeghi

Abstract:

The subject matter of this article is the efficiency of current knowledge standard to afford the legal integration regarding criteria and approaches to ISP knowledge standards, to shield ISP and copyright, trademark and other parties’ rights in the online information society. The EU recognizes the knowledge-based liability for intermediaries in the European Directive on Electronic Commerce, but the implication of all parties’ responsibility for combating infringement has been immolated by dominating attention on liability due to the lack of the appropriate legal mechanism to devote each party responsibility. Moreover, there is legal challenge on the applicability of knowledge-based liability on hosting services and information location tools service. The aim of this contribution is to discuss the advantages and disadvantages of ECD knowledge standard through case law with a special emphasis on duty of prevention and constructive knowledge role on internet service providers (ISP s’) to achieve fair balance between all parties rights.

Keywords: internet service providers, liability, copyright infringement, hosting, caching, mere conduit service, notice and takedown, E-commerce Directive

Procedia PDF Downloads 527
8435 Comeback of the Limited Precedent System in Hungary – A Critical Assessment

Authors: István János Molnár

Abstract:

Hungary has a legal system that is primarily based on statutory legislation, which means that statutes are the main source of law. However, in a surprising move, the Hungarian Parliament introduced a "limited" precedent system on 1 April 2020. This reform requires Hungarian courts to consider not only statutes but also the interpretation of those statutes in decisions made by the highest court in the country, the Curia. While judge-made customary law is not completely unfamiliar in Hungarian legal practice, the introduction of this new system presents several theoretical and practical challenges that may take time to resolve.

Keywords: civil procedure, hungary, judicial practice, precedent system, sources of law

Procedia PDF Downloads 92
8434 Recent Legal Changes in Turkish Commercial Law to Be a Part of International Markets and Their Results

Authors: Ibrahim Arslan

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Since 1984, Turkey has experienced a significant transformation in legal and economic matters. The most consequential examples of this transformation in recent years are the renewal of the Commercial Code and the Check Act. Nowadays, the commercial activity is not limited within the boundaries of the country; on the contrary, as required by the global economy, it has an international dimension. For this reason, unlike some other legal principles, the rules regulating the commercial life should be compatible with the international standards as much as possible. Otherwise the development possibility in the global markets will be limited. The Check Act has been adopted in 2009 and the Commercial Code has been adopted in 2011. The Commercial Code has been entered into force on 1 July 2012. The international dimension of check is in-disputable for it is based on the Geneva Convention. However, the Turkish business life has created a unique application of this legal tool. This application is called “post-date” checks. Indeed the majority of the checks being used in the market are post-dated checks. The holders of these checks have waited the date written on the check for presentation and collection. Thus, the actual situation has occurred. This actual situation has been legitimized via Check Act No. 5941 and post dated checks have gained a legal status. In the preparation of the new the Turkish Commercial Code one of the goals is "to ensure that the Turkish commercial law becomes a part of the international market". To achieve this goal, significant changes have been made especially concerning the independent external audition of the corporations, the board structure and public disclosure regulations. These changes aim to facilitate the internationalization of Turkish corporations as well as intensification of foreign direct investments through foreign capital. Although the target has been determined this way, after the adoption but five days before the entry into force of the Turkish Commercial Code No. 6102, a law made backward going alterations concerning independent external audition and public disclosure regulations. Turkish Commercial Code has been currently in force with its altered status. Both the regulations in the Check Act as well as the changes in the Commercial Code are not compatible with the goals introduced by rationale “to ensure Turkish commercial law to be a part of the international market” as such.

Keywords: Turkish Commercial Code No. 6102, Turkish Check Act, “post-date” checks, legal changes

Procedia PDF Downloads 295
8433 The Role and Position of Chinese Modern Martial Art in the School Physical Education (1912-1945)

Authors: Hsien-Wei Kuo

Abstract:

The thoughts of the military citizens, pragmatism, naturalism and nationalism related to physical education were developed during the warring period of the Republic of China. Moreover, the development of martial art formed by nationalism and political party was to utilize to save the nation, the people and the world. The martial art was also promoted in the system of school physical education gradually at the same time. The aim of this study is to explore the role, duty and position of the martial art education with the political color and advocacy in the system of school physical education. This study focuses on the practice, course hours, selective materials and competitive rules of physical education in the school system in modern China. Therefore, the methods of the historical research and content analysis were used to collect the historical materials and documents for going into them. The results will give a detailed account of the developed model of institutionalization, unification and regularization of martial art, and its growing, golden and stagnant periods in the school physical education system under the impact of western sport and physical education. It may sum up the meaning relationships among the politics, education practice and sport for all.

Keywords: martial art education, national martial arts institution, sick man of East Asia, the may 4th movement

Procedia PDF Downloads 383
8432 A Correlation Analysis of an Effective Music Education with Students’ Mathematical Performance

Authors: Yoon Suh Song

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Though music education can broaden one’s capacity for mathematical performance, many countries lag behind in music education. Little empirical evidence is found to identify the connection between math and music. Therefore, this research was set out to explore what music-related variables are associated with mathematical performance. The result of our analysis is as follows: A Pearson's Correlation analysis revealed that PISA math score is strongly correlated with students' Intelligence Quotient (IQ). This lays the foundation for further research as to what factors in students’ IQ lead to a better performance in math.

Keywords: music education, mathematical performance, education, IQ

Procedia PDF Downloads 214
8431 A Pattern Practise for Awareness Educations on Information Security: Information Security Project

Authors: Fati̇h Apaydin

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Education technology is an area which constantly changes and creates innovations. As an inevitable part of the changing circumstances, the societies who have a tendency to the improvements keep up with these innovations by using the methods and strategies which have been designed for education technology. At this point, education technology has taken the responsibility to help the individuals improve themselves and teach the effective teaching methods by filling the airs in theoretical information, information security and the practice. The technology which comes to the core of our lives by raising the importance of it day by day and it enforced its position in computer- based environments. As a result, ‘being ready for technological innovations, improvement on computer-based talent, information, ability and attitude’ doctrines have to be given. However, it is today quite hard to deal with the security and reinforcement of this information. The information which is got illegally gives harm to society from every aspect, especially education. This study includes how and to what extent to use these innovative appliances such as computers and the factor of information security of these appliances in computer-based education. As the use of computer is constantly becoming prevalent in our country, both education and computer will never become out of date, so how computer-based education affects our lives and the study of information security for this type of education are important topics.

Keywords: computer, information security, education, technology, development

Procedia PDF Downloads 595
8430 Testifying in Court as a Victim of Crime for Persons with Little or No Functional Speech: Vocabulary Implications

Authors: Robyn White, Juan Bornman, Ensa Johnson

Abstract:

People with disabilities are at a high risk of becoming victims of crime. Individuals with little or no functional speech (LNFS) face an even higher risk. One way of reducing the risk of remaining a victim of crime is to face the alleged perpetrator in court as a witness – therefore it is important for a person with LNFS who has been a victim of crime to have the required vocabulary to testify in court. The aim of this study was to identify and describe the core and fringe legal vocabulary required by illiterate victims of crime, who have little or no functional speech, to testify in court as witnesses. A mixed-method, the exploratory sequential design consisting of two distinct phases was used to address the aim of the research. The first phase was of a qualitative nature and included two different data sources, namely in-depth semi-structured interviews and focus group discussions. The overall aim of this phase was to identify and describe core and fringe legal vocabulary and to develop a measurement instrument based on these results. Results from Phase 1 were used in Phase 2, the quantitative phase, during which the measurement instrument (a custom-designed questionnaire) was socially validated. The results produced six distinct vocabulary categories that represent the legal core vocabulary and 99 words that represent the legal fringe vocabulary. The findings suggested that communication boards should be individualised to the individual and the specific crime. It is believed that the vocabulary lists developed in this study act as a valid and reliable springboard from which communication boards can be developed. Recommendations were therefore made to develop an Alternative and Augmentative Communication Resource Tool Kit to assist the legal justice system.

Keywords: augmentative and alternative communication, person with little or no functional speech, sexual crimes, testifying in court, victim of crime, witness competency

Procedia PDF Downloads 481
8429 Alternative Sources of Funding Tertiary Institution in Nigeria

Authors: Mark Omu

Abstract:

Education has remained the greatest fulcrum on which the developmental aspirations of societies and the world over is Anchored. This has been the case from the antiquity. As a result of recognition of this fact, education occupies a crucial and centripetal position at different epochs of societal formation and transformation. This paper recognized the all-embracing role of education to society and it utilized the literary research and review of literature to espouse on the role of alternative sources of financing education. This position was borne out of the dwindling resources available to education. Especially to finance teaching, learning, research and retraining of staffers. This paper found among other things that alternative funding of education is possible and it can be achieved through selling of its research products like entrepreneurial skills, collaborative ventures in public private partnership, philanthropic of endowments, etc. These are capable of bridging the financial gap currently bedevilling the educational sectors.

Keywords: alternative sources, funding, tertiary, education, society, partnership, Nigeria

Procedia PDF Downloads 411
8428 Teaching Physics: History, Models, and Transformation of Physics Education Research

Authors: N. Didiş Körhasan, D. Kaltakçı Gürel

Abstract:

Many students have difficulty in learning physics from elementary to university level. In addition, students' expectancy, attitude, and motivation may be influenced negatively with their experience (failure) and prejudice about physics learning. For this reason, physics educators, who are also physics teachers, search for the best ways to make students' learning of physics easier by considering cognitive, affective, and psychomotor issues in learning. This research critically discusses the history of physics education, fundamental pedagogical approaches, and models to teach physics, and transformation of physics education with recent research.

Keywords: pedagogy, physics, physics education, science education

Procedia PDF Downloads 264
8427 Criteria to Access Justice in Remote Criminal Trial Implementation

Authors: Inga Žukovaitė

Abstract:

This work aims to present postdoc research on remote criminal proceedings in court in order to streamline the proceedings and, at the same time, ensure the effective participation of the parties in criminal proceedings and the court's obligation to administer substantive and procedural justice. This study tests the hypothesis that remote criminal proceedings do not in themselves violate the fundamental principles of criminal procedure; however, their implementation must ensure the right of the parties to effective legal remedies and a fair trial and, only then, must address the issues of procedural economy, speed and flexibility/functionality of the application of technologies. In order to ensure that changes in the regulation of criminal proceedings are in line with fair trial standards, this research will provide answers to the questions of what conditions -first of all, legal and only then organisational- are required for remote criminal proceedings to ensure respect for the parties and enable their effective participation in public proceedings, to create conditions for quality legal defence and its accessibility, to give a correct impression to the party that they are heard and that the court is impartial and fair. It also seeks to present the results of empirical research in the courts of Lithuania that was made by using the interview method. The research will serve as a basis for developing a theoretical model for remote criminal proceedings in the EU to ensure a balance between the intention to have innovative, cost-effective, and flexible criminal proceedings and the positive obligation of the State to ensure the rights of participants in proceedings to just and fair criminal proceedings. Moreover, developments in criminal proceedings also keep changing the image of the court itself; therefore, in the paper will create preconditions for future research on the impact of remote criminal proceedings on the trust in courts. The study aims at laying down the fundamentals for theoretical models of a remote hearing in criminal proceedings and at making recommendations for the safeguarding of human rights, in particular the rights of the accused, in such proceedings. The following criteria are relevant for the remote form of criminal proceedings: the purpose of judicial instance, the legal position of participants in proceedings, their vulnerability, and the nature of required legal protection. The content of the study consists of: 1. Identification of the factual and legal prerequisites for a decision to organise the entire criminal proceedings by remote means or to carry out one or several procedural actions by remote means 2. After analysing the legal regulation and practice concerning the application of the elements of remote criminal proceedings, distinguish the main legal safeguards for protection of the rights of the accused to ensure: (a) the right of effective participation in a court hearing; (b) the right of confidential consultation with the defence counsel; (c) the right of participation in the examination of evidence, in particular material evidence, as well as the right to question witnesses; and (d) the right to a public trial.

Keywords: remote criminal proceedings, fair trial, right to defence, technology progress

Procedia PDF Downloads 73
8426 Improving the Teaching and Learning of Basic Mathematics: An Imperative for Sustainable Development

Authors: Dahiru Bawa Muhammad

Abstract:

Mathematics is accorded a prime position in basic education curriculum because it is envisaged to be an important tool in preparing children for life after school as well as equipping them with skills needed for secondary and higher education. As a result of this, the subject is made compulsory from primary through secondary school and candidates are expected to offer it and pass before fulfilling the requirement for higher education. Against this backdrop, this paper overviewed the basic education programme, context of teaching and learning mathematics at basic education level in Katsina State of Nigeria, relevance of the subject to different fields of human endeavours, challenges threatening the utility of the subject as a tool for the achievement of the goals of basic education programme and concluded by recommending how teaching and learning of mathematics can be improved for even development of citizens within nation states and enhanced/mutual sustainable development of nations in the global village.

Keywords: basic education, junior secondary school education, mathematical centre

Procedia PDF Downloads 463