Search results for: port governance

Authors: Simphiwe Phungula

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In the past few years, the impact of Covid 19 in South Africa has given rise to the need for business rescue proceedings where businesses are financially distressed. Even more, the looting unrest and floods in certain parts of South Africa have also played an impact on businesses’ financial stress. To help financially distressed companies in South Africa, the Companies Act (“the Act”) has introduced a business rescue procedure aimed at helping those ailing companies. This mechanism is aimed at rehabilitating financially distressed companies so that they become solvent again and if it is not possible, results in a better return for the company’s creditors or shareholders than would result from the immediate liquidation of the company. Unfortunately, since the introduction of business rescue, evidence has shown that sometimes companies resort to business rescue proceedings to seek refuge from creditors even if the facts do not justify that the company should commence business rescue. In most cases, the abuse of business rescue is done by directors who pass a resolution that the company should embark on business rescue even if evidence shows that the company should not commence the proceedings. This is done notwithstanding the principles of King Code IV which requires ethics and good governance on the part of directors. This paper demonstrates how the abuse of business rescue can impact the principles of good governance and ethics of King Code IV. It argues that directors should rethink their corporate practices, and ethical standards when passing a resolution to commence business rescue proceedings.

Keywords: business rescue, king code, corporate governance, ethics

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Authors: Harkishen Singh, Gavin Mangeni

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This project aims at building an efficient and automatic power monitoring SCADA system, which is capable of monitoring the electrical parameters of high voltage powered devices in real time for example RMS voltage and current, frequency, energy consumed, power factor etc. The system uses RS-485 serial communication interface to transfer data over longer distances. Embedded C programming is the platform used to develop two hardware modules namely: RTU and Master Station modules, which both use the CC2540 BLE 4.0 microcontroller configured in slave / master mode. The Si8900 galvanic ally isolated microchip is used to perform ADC externally. The hardware communicates via UART port and sends data to the user PC using the USB port. Labview software is used to design a user interface to display current state of the power loads being monitored as well as logs data to excel spreadsheet file. An understanding of the Si8900’s auto baud rate process is key to successful implementation of this project.

Keywords: SCADA, RS485, CC2540, labview, Si8900

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Authors: R. Malisa, E. Schwella, K. I. Theletsane

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Due to climate change, population growth and rapid urbanization, the demand for water in South Africa is inevitably surpassing supply. To address similar challenges globally, there has been a paradigm shift from conventional urban waste water management “government” to a “governance” paradigm. From the governance paradigm, Integrated Urban Water Management (IUWM) principle emerged. This principle emphasizes efficient urban waste water treatment and production of high-quality recyclable effluent. In so doing mimicking natural water systems, in their processes of recycling water efficiently, and averting depletion of natural water resources.  The objective of this study was to investigate drivers of shifting the current urban waste water management approach from a “government” paradigm towards “governance”. The study was conducted through Interactive Management soft systems research methodology which follows a qualitative research design. A case study methodology was employed, guided by realism research philosophy. Qualitative data gathered were analyzed through interpretative structural modelling using Concept Star for Professionals Decision-Making tools (CSPDM) version 3.64.  The constructed model deduced that the main drivers in shifting the Stellenbosch municipal urban waste water management towards IUWM “governance” principles are mainly social elements characterized by overambitious expectations of the public on municipal water service delivery, mis-interpretation of the constitution on access to adequate clean water and sanitation as a human right and perceptions on recycling water by different communities. Inadequate public participation also emerged as a strong driver. However, disruptive events such as draught may play a positive role in raising an awareness on the value of water, resulting in a shift on the perceptions on recycled water. Once the social elements are addressed, the alignment of governance and administration elements towards IUWM are achievable. Hence, the point of departure for the desired paradigm shift is the change of water service authorities and serviced communities’ perceptions and behaviors towards shifting urban waste water management approaches from “government” to “governance” paradigm.

Keywords: integrated urban water management, urban water system, wastewater governance, wastewater treatment works

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Authors: Jungho Moon, Myunggon Yoon

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This paper presents an implementation of a configurable UART-to-Ethernet converter using an ARM-based 32-bit microcontroller as well as a dedicated configuration program running on a PC for configuring the operating parameters of the converter. The program was written in Python. Various parameters pertaining to the operation of the converter can be modified by the configuration program through the Ethernet interface of the converter. The converter supports 3 representative asynchronous serial communication protocols, RS-232, RS-422, and RS-485 and supports 3 network modes, TCP/IP server, TCP/IP client, and UDP client. The TCP/IP and UDP protocols were implemented on the microcontroller using an open source TCP/IP protocol stack called lwIP (A lightweight TCP/IP) and FreeRTOS, a free real-time operating system for embedded systems. Due to the use of a real-time operating system, the firmware of the converter was implemented as a multi-thread application and as a result becomes more modular and easier to develop. The converter can provide a seamless bridge between a serial port and an Ethernet port, thereby allowing existing legacy apparatuses with no Ethernet connectivity to communicate using the Ethernet protocol.

Keywords: converter, embedded systems, ethernet, lwIP, UART

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Authors: Maria Consuelo Doble

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For decades, basic public education in the Philippines has been beleaguered by a governance scenario of multi-layered decision-making and the lack of collaboration between sectors in addressing issues on poor access to schools, high dropout rates, low survival rates, and poor student performance. These chronic problems persisted despite multiple efforts making it appear that the education system is incapable of reforming itself. In the mountainous rural towns of La Trinidad and Tuba, in the province of Benguet in Northern Philippines, collaborative education governance was catalyzed by the intervention of Synergeia Foundation, a coalition made up of individuals, institutions and organizations that aim to improve the quality of education in the Philippines. Its major thrust is to empower the major stakeholders at the community level to make education work by building the capacities of School Governing Councils (SGCs). Although mandated by the Department of Education in 2006, the SGCs in Philippine public elementary schools remained dysfunctional. After one year of capacity-building by Synergeia Foundation, some SGCs are already exhibiting active community-based multi-sectoral collaboration, while there are many that are not. With the myriad of factors hindering collaboration, Synergeia Foundation is now confronted with the pressing question: What are the factors that promote collaborative governance in the SGCs so that they can address the education-related issues that they are facing? Using Emerson’s (2011) framework on collaborative governance, this study analyzes the application of collaborative governance by highly-functioning SGCs in the public elementary schools of Tuba and La Trinidad. Findings of this action research indicate how the dynamics of collaboration composed of three interactive and iterative components – principled engagement, shared motivation and capacity for joint action – have resulted in meaningful short-term impact such as stakeholder engagement and decreased a number of dropouts. The change in the behavior of stakeholders is indicative of adaptation to a more collaborative approach in governing education in Benguet highland settings such as Tuba and La Trinidad.

Keywords: basic public education, Benguet highlands, collaborative governance, School Governing Council

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Authors: Tina Vuko, Marija Maretić, Marko Čular

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The aim of this study is to analyze the role and effectiveness of internal mechanism (audit committee) of corporate governance on credit institutions performance in Croatia. Based on research objective, sample of 78 credit institutions listed on Zagreb Stock Exchange, from 2007 to 2012, has been collected and efficiency index of audit committee (EIAC) has been created. Based on the sample and created EIAC, conclusions are as follows: audit committees of credit institutions have medium efficiency, based on EIAC measurement; there is a significant difference in audit committee effectiveness, in observed period; there is no positive relationship between audit committee effectiveness and credit institution performance; there is a significant difference between level of audit committee effectiveness and audit firm type. Future research should contain increased number of elements in EIAC creation and increased sample, for all obligators who need to establish audit committee.

Keywords: corporate governance, audit committee, financial institutions, efficiency index of audit committee

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Authors: Jacky Hau

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The prevalence of emerging technologies disrupts various industries as well as consumer behavior. Data collection has been in the fingertip and inherited through enabled Internet-of-things (IOT) devices. Big data analytics (BDA) becomes possible and allows real-time demand network management (DNM) through leagile supply chain. To enhance further on its resilience and predictability, governance is going to be examined to promote supply chain transparency and trust in an efficient manner. Leagility combines lean thinking and agile techniques in supply chain management. It aims at reducing costs and waste, as well as maintaining responsiveness to any volatile consumer demand by means of adjusting the decoupling point where the product flow changes from push to pull. Leagility would only be successful when collaborative planning, forecasting, and replenishment (CPFR) process or alike is in place throughout the supply chain business entities. Governance and procurement of the supply chain, however, is crucial and challenging for the execution of CPFR as every entity has to walk-the-talk generously for the sake of overall benefits of supply chain performance, not to mention the complexity of exercising the polices at both of within across various supply chain business entities on account of organizational behavior and mutual trust. Empirical survey results showed that the effective timespan on demand forecasting had been drastically shortening in the magnitude of months to weeks planning horizon, thus agility shall come first and preferably following by lean approach in a timely manner.

Keywords: governance, leagility, procure-to-pay, source-to-contract

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Authors: Md. Obidul Haque, Abbasi Khanm

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Port city Chittagong, the commercial capital of Bangladesh, is flourished with fascinating topography and climatic context along with basic resources for livelihood; both shape this city and become living archives of its ecologies. Chittagong has been witnessing numerous urban development measures being taken by city development authority, though some of those seem incomplete because of lack of proper planning. Due to this unplanned trail, the blessings of nature have become the reason of sufferings for city dwellers. One of which is the water clogging due to heavy rainfall, seepage, high tide, absence of well-knit underground drainage system, and so on. The problem has reached such an extent that the first monsoon rain is enough to shut down the entire city and causing immense sufferings to livestock, specially most vulnerable groups such as children and office going people. Study shows that total discharge is higher than present drainage capacity of the canals, thus, resulting in overflow, as major channels are clogged up by dumping waste or illegal encroachment, which are supposed to flush out rain water. This paper aims to address natural and manmade causes behind urban water clogging, adverse socio-environmental hazardous effects, possibilities for probable solutions on basis of local people’s experience and rational urban planning and landscape architectural proposals such as facilitating well planned drainage system, along with waste management policies etc. which can be able to intervene in these movements to activate the mighty port city’s unfulfilled potentials.

Keywords: drainage, high-tide, urban storm water logging (USWL), urban planning, water management

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Authors: Khaled Alotaibi, Salah Alhamadi, Ibraheem Almubarak

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The study attempts to explore both corporate governance (GC) and business ethics (BE) practices in Kuwaiti banks and the relationship between CG and BE, using an accountability framework. By examining the perceptions of key stakeholder groups, this study investigates the practices of BE and CG in Islamic banks (IBs) compared to conventional banks (CBs). We contribute to the scarce studies concerned with relations between CG and BE. We have employed a questionnaire survey method for a random sample of crucial relevant stakeholder groups. The empirical analysis of the participants’ perceptions highlights the importance of applying CG regulations and BE for Kuwaiti banks and the clear link between the two concepts. We find that the main concern is not the absence of CG and BE codes, but the lack of consistent enforcement of the regulations. Such a system needs to be strictly and effectively implemented in Kuwaiti banks to protect all stakeholders’ wealth, not only that of stockholders. There are significant patterns in the CG and BE expectations among different stakeholder groups. Most interestingly, banks’ client groups illustrate high expectations concerning CG and BE practices.

Keywords: corporate governance, GC, business ethics, BE, Islamic banks, IBs, conventional banks, CBs, accountability

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Authors: Graham Brooks, Belaisha Bin Belaisha, Hakkyong Kim

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The problem of preventing and/or reducing corruption is a major international problem. This paper, however, specifically focuses on how organisations in Dubai are tackling the problem of money laundering. This research establishes that Dubai has a clear international anti-money laundering framework but suffers from some national weaknesses such as diverse anti-money laundering working practice, lack of communication, sharing information and disparate organisational vested self-interest.

Keywords: corruption, governance, money laundering, prevention, strategies

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Authors: Argyroula Argyrou

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The purpose of my current research, of which this paper form’s part, is to explore the architectural and religious transformations of Trypiti Bay in the region of Kourion, Cyprus, between the 1st and 6th centuries AD. This research aims to explore and analyse three different stages in the religious and architectural transformations of the ancient port, with evidence supporting these transformations from the main city of Kourion and the Sanctuary of Apollo Hylates between the 1st and 6th centuries. In addition, the research is using historical and archaeological comparisons with coastal sites in the Levant, North Africa, Lebanon, and Europe in an attempt to identify a pattern of development in the religious topography of Kourion and how these contributed to change in the use and symbolism of Trypiti bay as an important passageway to religious sanctuaries in the vicinity of the coast. The construction of Trypiti Bay has been proven, according to archaeological and historical evidence, gathered throughout Kourion’s fieldwork and archival research, that it served as a natural port for cargos that needed to be protected from the strong west winds of the area. The construction of Trypiti Bay is believed to be unique to the island as no similar structure has yet been discovered.

Keywords: architecture, heritage, perservation, transformation, unique

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Authors: Sedigheh Kalantari

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Like many countries in the arid and semi-arid belt, Iran experiences a natural limitation in the availability of water resources. However, rapid socioeconomic development has created a serious water crisis in a nation that was once one of the world’s pioneers in sustainable water management, due to the Persians’ contribution to hydraulic engineering inventions – the Qanat – throughout history. The exogenous issues like the changing climate, frequent droughts, and international sanctions are only crisis catalyzers, not the main cause of the water crisis; and a resilient water management system is expected to be capable of coping with these periodic external pressures. The current dramatic water security issues in Iran are rooted in managerial, political, and institutional challenges rather than engineering and technical issues, and the country is suffering from challenges in water governance. The country, instead of rigorous water conservation efforts, is still focused on supply-driven approach, technology and centralized methods, and structural solutions that aim to increase water supply; while the effectiveness of water governance and management has often left unused. To solve these issues, it is necessary to assess the present situation and its evolution over time. In this respect, establishing water governance assessment mechanisms will be a significant aspect of this paper. The research framework, however, is a conceptual framework to assess governance performance of Iran to critically diagnose problematic issues and areas, as well as proffer empirically based solutions and determine the best possible steps towards transformational processes. This concept aims to measure the adequacy of current solutions and strategies designed to ameliorate these problems and then develop and prescribe adequate futuristic solutions. Thus, the analytical framework developed in this paper seeks to provide insights on key factors influencing water governance in Iranian cities, institutional frameworks to manage water across scales and authorities, multi-level management gaps and policy responses, through an evidence-based approach and good practices to drive reform toward sustainability and water resource conservation. The findings of this paper show that the current structure of the water governance system in Iran, coupled with the lack of a comprehensive understanding of the root causes of the problem, leaves minimal hope for developing sustainable solutions to Iran’s increasing water crisis. In order to follow sustainable development approaches, Iran needs to replace symptom management with problem prevention.

Keywords: governance, Iran, sustainable development, water management, water resources

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Authors: Mohanad Hammad

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Port institutions serve as a link connecting the land areas that receive the goods and the areas from where ships sail. These areas hold great significance for the conversion of goods into commodities of economic value, capable of meeting the needs of the society. Development of ports constitutes a fundamental component of the comprehensive economic development process. Recognizing this fact, developing countries have always resorted to this infrastructural element to resolve the numerous problems they face, taking into account its contribution to the reformation of their economic conditions. Iraqi ports have played a major role in boosting the commercial movement in Iraq, as they are the starting point of its oil exports and a key constituent in fulfilling the consumer and production needs of the various economic sectors of Iraq. With the Gulf wars and the economic blockade, Iraqi ports have continued to deteriorate and become unable to perform their functions as first-generation ports, prompting Iraq to use the ports of neighboring countries such as Jordan's Aqaba commercial port. Meanwhile, Iraqi ports face strong competition from the ports of neighboring countries, which have achieved progress and advancement as opposed to the declining performance and efficiency of Iraqi ports. The great developments in the economic conditions of Iraq lay a too great burden on the Iraqi maritime transport and ports, which require development in order to be able to meet the challenges arising from the fierce international and regional competition in the markets. Therefore, it is necessary to find appropriate solutions in support of the role that can be played by Iraqi ports in serving Iraq's foreign trade transported by sea and in keeping up with the development of foreign trade. Thus, this research aims at tackling the current situation of the Iraqi ports and their commercial activity and studying the problems and obstacles they face. The research also studies the future prospects of these ports, the potentials of maritime openness to Iraq under the fierce competition of neighboring ports, and the possibility of enhancing Iraqi ports’ competitiveness. Among the results produced by this research is the future scenario it proposes for Iraqi ports, mainly represented in the establishment of Al-Faw Port, which will contribute to a greater openness of maritime transport in Iraq, and the rehabilitation and expansion of existing ports. This research seeks to develop solutions to Iraq ports so that they can be repositioned as a vital means of promoting economic development.

Keywords: maritime transport, port, future prospects, regional integration

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Authors: Hanjun Hu, Jinxiang Zhang

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With the decline of "growthism", China's urbanization process has shifted from the stage of spatial expansion to the stage of optimization of built-up spaces, and urban renewal has gradually become a new wave of China's urban movement in recent years. The ongoing urban renewal movement in China not only needs to generate new motivation for urban development but also solve the backlog of social problems caused by rapid urbanization, which provides an opportunity for the transformation of China's urban governance model. Unlike previous approaches that focused on physical space and functional renewal, such as urban reconstruction, redevelopment, and reuse, the key challenge of urban renewal in the post-growth era lies in coordinating the complex interest relationships between multiple stakeholders. The traditional theoretical frameworks that focus on the structural relations between social groups are insufficient to explain the behavior logic and mutual cooperation mechanism of various groups and individuals in the current urban renewal practices. Therefore, based on the long-term tracking of the urban renewal practices in the Old City of Nanjing (OCN), this paper introduces the "collective action" theory to deeply analyze changes in the urban renewal governance model in OCN and tries to summarize the governance strategies that promote the formation of collective action within recent practices from a micro-scale. The study found that the practice in OCN experienced three different stages "government-led", "growth coalition" and "asymmetric game". With the transformation of government governance concepts, the rise of residents' consciousness of rights, and the wider participation of social organizations in recent years, the urban renewal in OCN is entering a new stage of "collective renewal action". Through the establishment of the renewal organization model, incentive policies, and dynamic negotiation mechanism, urban renewal in OCN not only achieves a relative balance between individual interests and collective interests but also makes the willingness of residents the dominant factor in formulating urban renewal policies. However, the presentation of "collective renewal action" in OCN is still mainly based on typical cases. Although the government is no longer the dominant role, a large number of resident-led collective actions have not yet emerged, which puts forward new research needs for a sustainable governance policy innovation in this action.

Keywords: urban renewal, collective action theory, governance, cooperation mechanism, China

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Authors: Anant Deogaonkar, Archana Nanoty

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The term civil service plays a vital role in functioning of any government. In today’s modern era of globalization civil services essentially contribute for the success of the good governance system. The civil service in India refers to the body of government officials employed in civil occupations that are neither political nor judicial. The Indian Civil Services were created to foster the idea of unity in diversity with the expectation of giving continuity and change in administration independent of the political scenario and turmoil affecting the country. The civil service is an integral part of administration and the structures of administration to determine the way civil service functions. The concept of good governance necessarily precludes the effective human resource management ensuring the root level reach of the good governance. The serious matter of concern is the element of change. The civil service in general has maintained status quo instead of sweeping changes in social and economic scenario. One may disagree for this but it is a fact on the street that the Indian civil service was not able to deliver up to the expectations of the people and was lacking on the service front. The effective management of human resources at civil service needs to be prioritized and will form a key factor in successful delivery of the desired results may be in minimum duration. This paper focuses on the various ways of effective management of human resources in civil services. It also highlights the importance of improvement in human resource management in civil services with the detailed discussion of positives and negatives if any of the human resource management in civil services.

Keywords: civil services, human resources management, India, governance

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Authors: Saifullah Khalid

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Governance and good governance are among the main topics in international discussions about the success factors for social and economic development. The image of developing countries as for example Pakistan in this respect is bad (in TI Corruption Index nr. among countries). Additionally, the police are among the sectors and organizations which are seen as most corrupt in many countries. However, in case of Pakistan there seem to be exceptions to the rule, and improvement can be brought in specific police departments. This paper represents the findings of Islamabad traffic police (ITP). In Pakistan, the police, in general, have been stigmatized for being the most corrupt department in the country. However, the few recent examples of Motorway police and its replicated model of Islamabad traffic police changed the perception about police and policing. These police forces have shown that Policing in Pakistan can be changed for better. In this paper, the research question that is addressed is: How corrupt are (traffic) police forces in Pakistan and what factors influence corruption within that police force? And What lessons can be learned from that to improve police integrity? Both qualitative and quantitative tools are utilized for data collection. The overall picture of the factors is not so easy to interpret and summarise. Nevertheless paying a better salary does not seem to limit integrity violations, neither does recruitment and selection and leadership, while supervision and control, training and stimulating the positive and limiting the negative elements of culture appear to be important in curbing (sometimes specific) integrity violations in the context of Pakistani police forces. The study also leads to a number of suggestions for curbing corruption and other integrity violations in the Pakistan police.

Keywords: corruption control, governance, integrity violations, Islamabad traffic police, Pakistan

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Authors: Magdalena Orth, Gunnar Gotz

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Background: Domestic accountability, budget transparency and public financial management (PFM) are considered vital components of good governance in developing countries. The aid modality budget support (BS) promotes these governance functions in developing countries. BS engages in political decision-making and provides financial and technical support to poverty reduction strategies of the partner countries. Nevertheless, many donors have withdrawn their support from this modality due to cases of corruption, fraud or human rights violations. This exit from BS is leaving a finance and governance vacuum in the countries. The evaluation team analyzed the consequences of terminating the use of this modality and found particularly negative effects for good governance outcomes. Methodology: The evaluation uses a qualitative (theory-based) approach consisting of a comparative case study design, which is complemented by a process-tracing approach. For the case studies, the team conducted over 100 semi-structured interviews in Malawi, Uganda, Rwanda and Zambia and used four country-specific, tailor-made budget analysis. In combination with a previous DEval evaluation synthesis on the effects of BS, the team was able to create a before-and-after comparison that yields causal effects. Main Findings: In all four countries domestic accountability and budget transparency declined if other forms of pressure are not replacing BS´s mutual accountability mechanisms. In Malawi a fraud scandal created pressure from the society and from donors so that accountability was improved. In the other countries, these pressure mechanisms were absent so that domestic accountability declined. BS enables donors to actively participate in political processes of the partner country as donors transfer funds into the treasury of the partner country and conduct a high-level political dialogue. The results confirm that the exit from BS created a governance vacuum that, if not compensated through external/internal pressure, leads to a deterioration of good governance. For example, in the case of highly aid dependent Malawi did the possibility of a relaunch of BS provide sufficient incentives to push for governance reforms. Overall the results show that the three good governance areas are negatively affected by the exit from BS. This stands in contrast to positive effects found before the exit. The team concludes that the relationship is causal, because the before-and-after comparison coherently shows that the presence of BS correlates with positive effects and the absence with negative effects. Conclusion: These findings strongly suggest that BS is an effective modality to promote governance and its abolishment is likely to cause governance disruptions. Donors and partner governments should find ways to re-engage in closely coordinated policy-based aid modalities. In addition, a coordinated and carefully managed exit-strategy should be in place before an exit from similar modalities is considered. Particularly a continued framework of mutual accountability and a high-level political dialogue should be aspired to maintain pressure and oversight that is required to achieve good governance.

Keywords: budget support, domestic accountability, public financial management and budget transparency, Sub-Sahara Africa

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Authors: Ali Zaimi

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Citizen participation in local government is an opportunity given to citizens and government to increase communication between them, create public support for local government plans and most important grow public trust in government. Also, the citizens’ involvement in the political process is an important part of democracy. This study aims to define the strategies for increasing citizen participation in local governance and concentrated in two important mechanisms such as participatory budget and public policy councils. Three strategies that promote more effective citizen involvement in local governance are understanding and using formal institutions of power, collaboration of citizens’ groups and governments officials to jointly formulate programs plans, electing and appointing local officials. A unique aspect of citizen participation to operate effectively is the transparency of government and the inclusion of actors into decision-making. The citizen engagement in local governance enhances accountability and problem solving, promote more inclusive and cohesive communities and enlarge the quality and quantity of initiatives made by communities.

Keywords: accountability, citizen participation, democracy, government

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Authors: Rushi Tan, Yilun Xu, Xiaohui Wang

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The restrained construction zoning, an important part in the urban master plan, is a necessary planning tool to control the city sprawl, to guarantee the reservation implementation of the various types of protective elements, and to realize the storage of the essential urban spatial resources. Simultaneously, owing to the diverse constitutes of restrained construction area and the various stakeholders involved in, its planning requires an overall consideration of all elements from the perspective of coordination, balance and practicability to deal with the problems and conflicts in this process. Taking Yangzijin Ecological Restrained Construction Area in Yangzhou as an example, this study analyzes all the potential actors, agencies and stakeholders in this restrained construction area, as well as the relevant conflicts between each other. Besides, this study tries to build up a planning procedure based on the framework of governance theory, and proposes a possible planning method that combines "rigidity" and "flexibility" to protect the ecological limitation boundary, to take every interest into account, and to promote economic development in a harmonious society.

Keywords: restrained construction area, governance, stakeholder, flexible stratagem, China

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Authors: Elmamy Ahmedsalem

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The world has witnessed the collapse of many corporate giants as a result of unethical behavior in recent decades. This has induced a series of questions by the global community on why such occurrences could happen, even with corporate governance in place. This paper attempts to propose a philosophical approach from an Islamic perspective to be consolidated with current corporate governance in order to confront contemporary dilemmas. In this paper, ethical theories are presented as a discussion followed by their applications to modern cases of financial collapses. Virtue ethics by Aristotle, justice and fairness by John Rawls, deontology by Immanuel Kant, and utilitarianism by John Stuart Mill, are the four theories which can then be contrasted with the paradigm of Muslim scholars. Despite the differences between the fundamental principles of Islamic and Western worldviews, their ethical theories are aimed at making right decisions and solving ethical dilemmas based on what is good for society. Therefore, Islamic principles should be synthesized with Western philosophy to form a more coherent framework. The integration of Islamic and western ethical theories into business is important for sound corporate governance.

Keywords: business ethics, Islamic philosophy, western philosophy, Western and Islamic worldview of ethics

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Authors: Gina Cynthia Raphita Hasibuan

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The housing sector in Indonesia is in critical condition where majority of low-income citizens live in substandard dwellings, and the number housing backlog is increasing every year. The housing problem becomes more urgent when the term 'sustainability' is considered, and sustainable affordable housing is yet to gain its successful implementation. Global urbanization develops fastest in developing countries like Indonesia where informal settlements are rapidly escalating, hence, making sustainable affordable housing strategies very critical in this context. The problem in developing countries like Indonesia lies on the institutional capacity of newly-established local governments having greater power to determine a development policy but apparently still lacking institutional capability and coordination with the central government and collaborative governance are still not established yet. The concept of upgrading informal settlements are seen changed over time and inconsistent. Despite much research on theme such as sustainable housing concept within Indonesian context, there has been a dearth of research examining the role of collaborative governance, as the current approach still shows fragmented approach between the stakeholders and the lack of community participation as the end user, and thus this research attempts to fill the gap on the aforementioned problems. By using case study with multi-methods conducted in Jakarta, this research has an overall aim to critically assess the role of collaborative governance in addressing sustainable affordable housing in Indonesia and to understand informal settlements and interventions in Indonesia rather than imposing a framework from western perspectives.

Keywords: affordable housing, collaborative governance, sustainability, urban planning

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Authors: Muhamad Badri Bin Othman

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As a role model and leading country in the world that establishes and promotes Islamic banking and finance, Malaysia has set up and come up with a set of standards and frameworks to govern its Shari’ah function towards implementing the desired outcome of Islamic banking and finance as new source of wealth creation. This paper, examines and highlights, at the very minimum, the importance and application of Shari’ah governance in Islamic banking and finance in Malaysia as a leading country in Islamic banking and finance. This paper also, compares on Shari’ah governance, which is being adopted between Malaysia and other selected countries namely, Pakistan, Bahrain, Kuwait, United Arab Emirates (UAE) and Qatar. This paper also, aims at highlighting the current challenges and issues faced by the scholars in Shari’ah Supervisory Board (SSB) in deliberating their opinions and fatwa towards the implementation of new products in Islamic banking industry to promote innovation among the industry players. The author of this paper will highlight the major challenges and issues faced by the SSB members of Islamic banks in Malaysia, taking into account the complexity of the operation wise and products of Islamic banking, and how they overcome those challenges and issues identified. This will be done through a series of face-to-face interview sessions which will be conducted with a few prominent figures of Islamic banking and finance scholars in Malaysia to highlight the issues and challenges they are facing towards Islamic financial innovation and subsequently finding solutions for the identified issues and challenges.

Keywords: Shari’ah governance, Shari’ah supervisory board (SSB), Issues and challenges, Islamic financial innovation

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Authors: Zouari Ezzeddine, Tarchoun Monaem

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Despite the multiplicity of advanced approaches, the concept of financial integration couldn’t be an explicit analysis. Indeed, empirical studies appear that the measures of international financial integration are one-dimensional analyses. For the ambivalence of the concept and its multiple determinants, it must be analyzed in multidimensional level. The interest of this research is a proposal of a decision support by multicriteria approach for determining the positions of countries according to their international and financial dependencies links with the behavior of financial actors (trying to make governance decisions or diversification strategies of international portfolio ...

Keywords: financial integration, decision support, behavior, multicriteria approach, governance and diversification

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Authors: Agne Andrijauskaite

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The observance of procedural rights by administrative authorities is essential for the effective implementation of subjective rights and is part and parcel of the notion of good governance. Whilst a lot of legal scholarship addresses the scope and content of such rights under the European Union legal framework, a very limited attention is given to their application in the case law of European Court of Human Rights (ECtHR) despite its growing engagement with the subject. This paper written as a part of a wider project on the development of pan-European principles of good administration by the Council of Europe aims to fill this lacuna. This will be done by delimiting the scope and extent of individual procedural safeguards through an analysis of the practice of the ECtHR. The right to be heard, the right to access the files and the right to a decision in reasonable time by administrative authorities will be selected as loci classici for the purpose of this article. The results presented in the paper should contribute to the awareness of growing body of ECtHR’s case-law revolving around administrative procedural law and the growing debate on the notion of good governance found therein within academic community.

Keywords: European Court of Human Rights, good governance, procedural rights, procedural Law

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Authors: Mojtaba Eshraghi Arani

Abstract:

Concluding the contract for carriage of cargo with the shipper (through bill of lading or charterparty), the carrier must transport the cargo from loading port to the port of discharge and deliver it to the consignee. Unless otherwise agreed in the contract, the carrier must avoid from any deviation, transfer of cargo to another vessel or unreasonable stoppage of carriage in-transit. However, the vessel might break down in-transit for any reason and becomes unable to continue its voyage to the port of discharge. This is a frequent incident in the carriage of goods by sea which leads to important dispute between the carrier/owner and the shipper/charterer (hereinafter called “cargo interests”). It is a generally accepted rule that in such event, the carrier/owner must repair the vessel after which it will continue its voyage to the destination port. The dispute will arise in the case that temporary repair of the vessel cannot be done in the short or reasonable term. There are two options for the contract parties in such a case: First, the carrier/owner is entitled to repair the vessel while having the cargo onboard or discharged in the port of refugee, and the cargo interests must wait till the breakdown is rectified at any time, whenever. Second, the carrier/owner will be responsible to charter another vessel and transfer the entirety of cargo to the substitute vessel. In fact, the main question revolves around the duty of carrier/owner to perform transfer of cargo to another vessel. Such operation which is called “trans-shipment” or “transhipment” (in terms of the oil industry it is usually called “ship-to-ship” or “STS”) needs to be done carefully and with due diligence. In fact, the transshipment operation for various cargoes might be different as each cargo requires its own suitable equipment for transfer to another vessel, so this operation is often costly. Moreover, there is a considerable risk of collision between two vessels in particular in bulk carriers. Bulk cargo is also exposed to the shortage and partial loss in the process of transshipment especially during bad weather. Concerning tankers which carry oil and petrochemical products, transshipment, is most probably followed by sea pollution. On the grounds of the above consequences, the owners are afraid of being held responsible for such operation and are reluctant to perform in the relevant disputes. The main argument raised by them is that no regulation has recognized such duty upon their shoulders so any such operation must be done under the auspices of the cargo interests and all costs must be reimbursed by themselves. Unfortunately, not only the international conventions including Hague rules, Hague-Visby Rules, Hamburg rules and Rotterdam rules but also most domestic laws are silent in this regard. The doctrine has yet to analyse the issue and no legal researches was found out in this regard. A qualitative method with the concept of interpretation of data collection has been used in this paper. The source of the data is the analysis of regulations and cases. It is argued in this article that the paramount rule in the maritime law is “the accomplishment of the voyage” by the carrier/owner in view of which, if the voyage can only be finished by transshipment, then the carrier/owner will be responsible to carry out this operation. The duty of carrier/owner to apply “due diligence” will strengthen this reasoning. Any and all costs and expenses will also be on the account pf the owner/carrier, unless the incident is attributable to any cause arising from the cargo interests’ negligence.

Keywords: cargo, STS, transshipment, vessel, voyage

Procedia PDF Downloads 116

Authors: Meltem Karatepe Kaya

Abstract:

The concept of corporate governance is not new but, due to the recent international financial crisis, it has become prominent in contemporary business, accounting and legal debates. There is a wealth of anecdotal evidence which shows that protection of minority shareholders is an important issue in the corporate governance literature. Minority shareholders typically hold low amounts of stocks, so the benefits gained from their participation in shareholder meetings are very asymmetric to the cost. Therefore, the presence of a good corporate governance structure is the proper protection of and respect for the rights and interests of shareholders, particularly those of minority shareholders. The research will attempt to find answers to the following questions: Why minority shareholders’ rights should be protected? How minority shareholders’ rights could be improved? Does the legal framework in the United Kingdom provide adequate protection for minority shareholders? This study will assess regulations about the legal protections of minority shareholders and try to find answer this question: ’Why is it inevitable for company law to treat in a successful way the problems arising from minority shareholders' conflict with other shareholders of a company?’The protection of minority shareholders is not only a corporate governance objective in its own right but also has added importance particularly in developing countries. In the United Kingdom(UK) and the United States of America(USA), there are diffused ownership structures so that any shareholders do not influence the management of the company. This is in stark contrast to companies in developing countries such as Turkey where controlling shareholders and related insiders are a well-known feature of ownership structures, and where companies are often governed and managed by controlling shareholders such as family firms and associated companies through cross-shareholdings and pyramiding ownership structures. In Turkey, the agency problem is not between shareholders and management. Rather it gives rise to another dimension of the agency problem – a conflict of interest between majority shareholders (controlling) and minority shareholders. This research will make a particularly useful contribution to knowledge-based information and understanding of company law in the UK, particularly minority shareholders' remedies. It will not only give information about law and regulations of minority shareholders' remedies but also it will provide some knowledge about doctrinal discussions and relevant cases. The major contribution to study will be in the knowledge of law and regulation in the legal protections of minority shareholders in the United Kingdom and Turkey. In this study, the recommendations will be given for the development of the legal framework and practices of protections for minority shareholders and small investors.

Keywords: controlling shareholders, corporate governance, derivative actions, minority shareholders

Procedia PDF Downloads 172

Authors: Lubica Hikkerova, Jean-Michel Sahut

Abstract:

Environmental protection remains a global challenge but, since 2012, there has been a progressive decline in corporate engagement in environmental protection issues. This study seeks to investigate the role of financial capacity and governance in improving the level of environmental engagement of companies. The regression technique is applied to data on 351 large European companies from the ASSET4-ESG database for the 2007-2015 period. Firstly, the results show that the companies in the sample are fairly engaged in environmental protection, with a strong dispersion representing nearly four times the average. This means that the companies in the sample do not share the same level of engagement in matters of environmental protection, some being more committed than others. Secondly, the results reveal that the financial capacity of the company, as assessed through its indicators, has a significant effect on its level of environmental protection engagement in the present sample. This effect is more positive the higher the profits the company makes, and more negative the more heavily indebted or, the higher the rates of dividends it pays per share. Lastly, the results also show that a better quality of governance plays an important role in the decision to undertake actions leading to environmental protection. More specifically, the degree of management implication in the running of the business, the respect of the rights of the shareholders, the effectiveness of the control exerted by the board of directors, and, to a lesser extent, the independence of the audit committee, are variables which have a positive and significant influence on the level of environmental engagement of companies.

Keywords: financial capacity, corporate governance, environmental engagement, stakeholder theory, theory of organizational legitimacy, theory of resources and capabilities

Procedia PDF Downloads 186

Authors: Jungho Moon, Lae Jeong Park

Abstract:

This paper introduces the development of a firmware downloader for students attending microcontroller-related courses taught by the authors In the courses, AVR microcontroller experiment kits are used for programming exercise and the AVR microcontroller is programmed through a serial communication interface using a bootloader preinstalled on it. To use the bootloader, a matching firmware downloader that runs on a host computer and communicates with the bootloader is also required. When firmware downloading is completed, the serial port used for it needs to be closed. If the downloaded firmware uses serial communication, the serial port needs to be reopened in a serial terminal. As a result, the programmer of the AVR board switches from the downloader program and the serial terminal and vice versa. It is a simple task but quite a hassle to do each time new firmware needs downloading. To provide a more convenient programming environment for the courses, the authors developed a downloader program that includes a serial terminal in it. The program operates in downloader or terminal mode and the mode switching is performed automatically; therefore manual mode switching is not necessary. The feature provides a more convenient development environment by eliminating the need for manual mode switching each time firmware downloading is required.

Keywords: bootloader, firmware downloader, microcontroller, serial communication

Procedia PDF Downloads 187

Authors: Juan Manuel Macia

Abstract:

The Montreal Port Authority (MPA) wanted to build a new road link via Souligny Avenue to increase the fluidity of goods transported by truck in the Viau Street area of Montreal and to mitigate the current traffic problems on Notre-Dame Street. With the purpose of having a better integration and acceptance of this project with the neighboring residential surroundings, this project needed to include an architectural integration, bringing some artistic components to the bridge design along with some landscaping components. The MPA is required primarily to provide direct truck access to Port of Montreal with a direct connection to the future Assomption Boulevard planned by the City of Montreal and, thus, direct access to Souligny Avenue. The MPA also required other key aspects to be considered for the proposal and development of the project, such as the layout of road and rail configurations, the reconstruction of underground structures, the relocation of power lines, the installation of lighting systems, the traffic signage and communication systems improvement, the construction of new access ramps, the pavement reconstruction and a summary assessment of the structural capacity of an existing service tunnel. The identification of the various possible scenarios began by identifying all the constraints related to the numerous infrastructures located in the area of the future link between the port and the future extension of Souligny Avenue, involving interaction with several disciplines and technical specialties. Several viaduct- and tunnel-type geometries were studied to link the port road to the right-of-way north of Notre-Dame Street and to improve traffic flow at the railway corridor. The proposed design took into account the existing access points to Port of Montreal, the built environment of the MPA site, the provincial and municipal rights-of-way, and the future Notre-Dame Street layout planned by the City of Montreal. These considerations required the installation of an engineering structure with a span of over 60 m to free up a corridor for the future urban fabric of Notre-Dame Street. The best option for crossing this span length was identified by the design and construction of a curved bridge over Notre-Dame Street, which is essentially a structure with a deck formed by a reinforced concrete slab on steel box girders with a single span of 63.5m. The foundation units were defined as pier-cap type abutments on drilled shafts to bedrock with rock sockets, with MSE-type walls at the approaches. The configuration of a single-span curved structure posed significant design and construction challenges, considering the major constraints of the project site, a design for durability approach, and the need to guarantee optimum performance over a 75-year service life in accordance with the client's needs and the recommendations and requirements defined by the standards used for the project. These aspects and the need to include architectural and artistic components in this project made it possible to design, build, and integrate a signature infrastructure project with a sustainable approach, from which the MPA, the commuters, and the city of Montreal and its residents will benefit.

Keywords: curved bridge, steel box girder, medium span, simply supported, industrial and urban environment, architectural integration, design for durability

Procedia PDF Downloads 62

Authors: Francisco Liaño-Carrera, Jorge Enrique Baños-Illana, Arturo Gómez-Barrero, José Isaac Ramírez-Macías, Erik Omar Paredes-JuáRez, David Salas-Monreal, Mayra Lorena Riveron-Enzastiga

Abstract:

Topographical changes in coastal areas are usually assessed with airborne LIDAR and conventional photogrammetry. In recent times Unmanned Aerial Vehicles (UAV) have been used several in photogrammetric applications including coastline evolution. However, its use goes further by using the points cloud associated to generate beach Digital Elevation Models (DEM). We present a methodology for monitoring coastal topographic changes along a 50 km coastline in Veracruz, Mexico using high-resolution images (less than 10 cm ground resolution) and dense points cloud captured with an UAV. This monitoring develops in the context of the port of Veracruz expansion project which construction began in 2015 and intends to characterize coast evolution and prevent and mitigate project impacts on coastal environments. The monitoring began with a historical coastline reconstruction since 1979 to 2015 using aerial photography and Landsat imagery. We could define some patterns: the northern part of the study area showed accretion while the southern part of the study area showed erosion. Since the study area is located off the port of Veracruz, a touristic and economical Mexican urban city, where coastal development structures have been built since 1979 in a continuous way, the local beaches of the touristic area are been refilled constantly. Those areas were not described as accretion since every month sand-filled trucks refill the sand beaches located in front of the hotel area. The construction of marinas and the comitial port of Veracruz, the old and the new expansion were made in the erosion part of the area. Northward from the City of Veracruz the beaches were described as accretion areas while southward from the city, the beaches were described as erosion areas. One of the problems is the expansion of the new development in the southern area of the city using the beach view as an incentive to buy front beach houses. We assessed coastal changes between seasons using high-resolution images and also points clouds during 2016 and preliminary results confirm that UAVs can be used in permanent coast monitoring programs with excellent performance and detail.

Keywords: digital elevation model, high-resolution images, topographic coast monitoring, unmanned aerial vehicle

Procedia PDF Downloads 268