Search results for: legal interpretation
2234 Dialectics of Modern Law: Perspectives and Strategies of Resistance from the Margins
Authors: Nisar Alungal Chungath
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“No human being is illegal" has become a dictum strongly upheld in the context of global immigration and migration, highlighting the ethical and moral dimensions of how societies and governments treat individuals and communities who have crossed political borders or are living in a country without legal authorization. It seeks to shift the focus from categorizing human beings as illegal immigrants to recognizing their inherent human rights and the complexities of their circumstances. As a complex social phenomenon, law has been a crucial instrument in shaping, regulating and governing human societies and vice versa. The law has now become a humongous political project of the modern majoritarian regimes to democratically illegitimize and illegalize the unpopular sections and minorities. Drawing from the theoretical frameworks of dialectics, the paper explores the philosophical underpinnings of the historical evolution and dynamic nature of modern law. The paper employs a phenomenological approach to analyze the dialectical relations between individuals, societies, and legal systems, aiming to shed light on the ethical and political implications of these interactions. By examining the historical essence of law, its relationship with social and cultural norms, and the role of power dynamics, this article argues for constantly maintaining the dialectics of law—the dynamic interplay between legal norms, social practices, cultural values, and historical contexts through a philosophical and phenomenological lens, in order to bridge the gap between universal principles and particular contexts. The paper will shed light to the dialectics of the law in the context of instances of the legal persecutions of the modern secular democracies such as Citizenship Amendment Act-2019, India.Keywords: phenomenology, dialectic, modern law, politics, resistance, margins
Procedia PDF Downloads 532233 Policy and Strategy to Combatting Terrorism in Indonesia: Analysis Socio Juridical Counter and Contra Terrorism
Authors: Dini Dewi Heniarti
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In the past decades, Indonesia has suffered severe terrorist attacks, faced major terrorism challenges and has made impressive progress in countering it. The trend of terrorist groups operating in Indonesia is to focus on ‘soft’ targets. Indonesia has made notable progress in strengthening the legal regime against terrorism, in conformity with the international treaties against terrorism. Further measures are however needed to complete the legal regime building processes. This paper will demonstrate analyze socio yuridical contra and counter terrorism by Indonesia Government.Keywords: policy, strategy, combatting terrorism, socio juridical, counter and contra terrorism
Procedia PDF Downloads 4182232 Unlocking Justice: Exploring the Power and Challenges of DNA Analysis in the Criminal Justice System
Authors: Sandhra M. Pillai
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This article examines the relevance, difficulties, and potential applications of DNA analysis in the criminal justice system. A potent tool for connecting suspects to crime sites, clearing the innocent of wrongdoing, and resolving cold cases, DNA analysis has transformed forensic investigations. The scientific foundations of DNA analysis, including DNA extraction, sequencing, and statistical analysis, are covered in the article. To guarantee accurate and trustworthy findings, it also discusses the significance of quality assurance procedures, chain of custody, and DNA sample storage. DNA analysis has significantly advanced science, but it also brings up substantial moral and legal issues. To safeguard individual rights and uphold public confidence, privacy concerns, possible discrimination, and abuse of DNA information must be properly addressed. The paper also emphasises the effects of the criminal justice system on people and communities while highlighting the necessity of equity, openness, and fair access to DNA testing. The essay describes the obstacles and future directions for DNA analysis. It looks at cutting-edge technology like next-generation sequencing, which promises to make DNA analysis quicker and more affordable. To secure the appropriate and informed use of DNA evidence, it also emphasises the significance of multidisciplinary collaboration among scientists, law enforcement organisations, legal experts, and policymakers. In conclusion, DNA analysis has enormous potential for improving the course of criminal justice. We can exploit the potential of DNA technology while respecting the ideals of justice, fairness, and individual rights by navigating the ethical, legal, and societal issues and encouraging discussion and collaboration.Keywords: DNA analysis, DNA evidence, reliability, validity, legal frame, admissibility, ethical considerations, impact, future direction, challenges
Procedia PDF Downloads 602231 Rethinking Military Aid to Civil Authorities for Internal Security Operations: A Sustainable Solution to Rebuilding Civil Military Relations in Nigeria
Authors: Emmanuela Ngozi Maduka
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In Nigeria, civil-military relations is at its lowest point as a result of the challenges emanating from incessant initiation of military aid to civil authorities (MACA) for internal security operations. This paper is concerned with the question whether it is appropriate for the military to handle internal security crisis with exception to terrorism and armed militia. It analyses the legal framework for MACA in internal security operations which appear to be in contradiction with military tactical and equipment training. The paper argues that the expectation that transitional re-training of the military for internal security operations will reconcile these inconsistencies specifically on the issue of use of force is not practicable and will always pose challenges for both the military and the citizens. Accordingly, this paper adopts a socio-legal methodology for better clarity on the interactions between the legal framework on MACA and military internal security operations. The paper also identifies the lack of effective and proficient paramilitary within the security design of Nigeria as the key issue which results in incessant initiation of MACA and advocates for the establishment of an effective and proficient paramilitary to effectively handle internal security crisis within Nigeria.Keywords: civil-military relations, MACA, military training, operational challenges, paramilitary, use of force
Procedia PDF Downloads 1372230 Responsibility to Protect: The Continuing Post-Colonial Western Hegemony
Authors: Helyeh Doutaghi
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In 2005, the doctrine of Responsibility to Protect (R2P) was created by the UN Member States agreeing to not only to have the primary responsibility to protect their civilians from genocide, war crimes, crimes against humanity and ethnic cleansing, but also to be responsible towards those civilians whose State was found manifestly failing in that regard. This paper will assess the doctrine of R2P and will argue that R2P too, just like humanitarian intervention, suffers from a lack of legal basis and political will to implement it. Or better said, it is being selectively used by the hegemon’s power to achieve its political will. In doing so, the origin and development shall be explained. Furthermore, it will be submitted that R2P has failed to achieve its purpose due to the unresolved Security Council’s deadlock. Lastly, the concept of legal morality entailed in R2P and its use in real life cases since 2005 will be examined.Keywords: responsibility to protect, humanitarian intervention, United Nations, legitimacy, legality
Procedia PDF Downloads 3342229 Virtual and Augmented Reality Based Heritage Gamification: Basilica of Smyrna in Turkey
Authors: Tugba Saricaoglu
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This study argues about the potential representation and interpretation of Basilica of Smyrna through gamification. Representation can be defined as a key which plays a role as a converter in order to provide interpretation of something according to the person who perceives. Representation of cultural heritage is a hypothetical and factual approach in terms of its sustainable conservation. Today, both site interpreters and public of cultural heritage have varying perspectives due to their different demographic, social, and even cultural backgrounds. Additionally, gamification application offers diversion of methods suchlike video games to improve user perspective of non-game platforms, contexts, and issues. Hence, cultural heritage and video game decided to be analyzed. Moreover, there are basically different ways of representation of cultural heritage such as digital, physical, and virtual methods in terms of conservation. Virtual reality (VR) and augmented reality (AR) technologies are two of the contemporary digital methods of heritage conservation. In this study, 3D documented ruins of the Basilica will be presented in the virtual and augmented reality based technology as a theoretical gamification sample. Also, this paper will focus on two sub-topics: First, evaluation of the video-game platforms applied to cultural heritage sites, and second, potentials of cultural heritage to be represented in video game platforms. The former will cover the analysis of some case(s) with regard to the concepts and representational aspects of cultural heritage. The latter will include the investigation of cultural heritage sites which carry such a potential and their sustainable conversation. Consequently, after mutual collection of information from cultural heritage and video game platforms, a perspective will be provided in terms of interpretation of representation of cultural heritage by sampling that on Basilica of Smyrna by using VR and AR based technologies.Keywords: Basilica of Smyrna, cultural heritage, digital heritage, gamification
Procedia PDF Downloads 4542228 Changing Landscape of International Law of Governance: ‘One Belt One Road Initiative’ as a Case Study
Authors: Tikumporn Rodkhunmuang
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The importance of ‘international law of governance’ is the means and end to deal with international affairs. This research paper seeks to first study the historical development of international law of governance from the classical period of the international legal framework of global governance until the contemporary period of its framework. Second, the international law of governance is extremely turning into the crucial point in its long history because of the changing of China's foreign policies towards ‘One Belt One Road Initiative’. Third, the proposing model of the existing international law of governance within Chinese characteristics will be the new rules and modalities of modern diplomacy and governed international affairs. Methodologically speaking, this research paper is conducting under mixed methods research, which are also included numerical analysis and theoretical considerations. As a result, this research paper is the critical point of the international legal framework of global governance that changing the diplomatic paradigm as well as turning China into a great-power in international politics. So, this research paper is useful for international legal scholars and diplomats for slightly changing their understanding of the rapidly changing their norms from western norms to the eastern norms of international law. Therefore, the outcome of the research is the modern model of China to make a diplomatic relationship with other countries in the global society.Keywords: global governance, international law, landscape, one belt one road
Procedia PDF Downloads 1842227 EU Regulation 868/04: Report of a Unilateral Approach on Unfair Subsidisation and Unfair Pricing Practices and Its Failure
Authors: Andrea Trimarchi
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This paper is designed to provide a comprehensive overview on the EU Regulation No. 868/2004 concerning protection against subsidisation and unfair pricing practices regarding non-EU carriers and causing injury to Community air carriers. The analysis will focus, at first, on the exegetical scrutiny of the legal categories encompassed by the Regulation. In addition to that, while considering the peculiarities of such legal instrument, the attention will be addressed on the assessment on its effectiveness. The Regulation, indeed, having received lots of criticism, is in need of a profound revision. In this context, the present work will try to take into account the policy alternatives. In light of the failure of Regulation 868, which is to be seen as the expression of a unilateral and regional approach, there would seem to be the necessity for the aviation sector to reconsider the topic of subsidisation and unfair pricing practices in a more international oriented manner.Keywords: non-EU airlines, aviation, subisidisation, unfair
Procedia PDF Downloads 3342226 The Lacuna in Understanding of Forensic Science amongst Law Practitioners in India
Authors: Poulomi Bhadra, Manjushree Palit, Sanjeev P. Sahni
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Forensic science uses all branches of science for criminal investigation and trial and has increasingly emerged as an important tool in the administration of justice. However, the growth and development of this field in India has not been as rapid or widespread as compared to the more developed Western countries. For successful administration of justice, it is important that all agencies involved in law enforcement adopt an inter-professional approach towards forensic science, which is presently lacking. In light of the alarmingly high average acquittal rate in India, this study aims to examine the lack of understanding and appreciation of the importance and scope of forensic evidence and expert opinions amongst law professionals such as lawyers and judges. Based on a study of trial court cases from Delhi and surrounding areas, the study underline the areas in forensics where the criminal justice system has noticeably erred. Using this information, the authors examine the extent of forensic understanding amongst legal professionals and attempt to conclusively identify the areas in which they need further appraisal. A cross-sectional study done using a structured questionnaire was conducted amongst law professionals across age, gender, type and years of experience in court, to determine their understanding of DNA, fingerprints and other interdisciplinary scientific materials used as forensic evidence. In our study, we understand the levels of understanding amongst lawyers with regards to DNA and fingerprint evidence, and how it affects trial outcomes. We also aim to understand the factors that prevent credible and advanced awareness amongst legal personnel, amongst others. The survey identified the areas in modern and advanced forensics, such as forensic entomology, anthropology, cybercrime etc., in which Indian legal professionals are yet to attain a functional understanding. It also brings to light, what is commonly termed as the ‘CSI-effect’ in the Western courtrooms, and provides scope to study the existence of this phenomenon and its effects on the Indian courts and their judgements. This study highlighted the prevalence of unchallenged expert testimony presented by the prosecution in criminal trials and impressed upon the judicial system the need for independent analysis and evaluation of the scientist’s data and/or testimony by the defense. Overall, this study aims to define a clearer and rigid understanding of why legal professionals should have basic understanding of the interdisciplinary nature of forensic sciences. Based on the aforementioned findings, the author suggests various measures by which judges and lawyers might obtain an extensive knowledge of the advances and promising potentialities of forensic science. This includes promoting a forensic curriculum in legal studies at Bachelor’s and Master’s level as well as in mid-career professional courses. Formation of forensic-legal consultancies, in consultation with the Department of Justice, will not only assist in training police, military and law personnel but will also encourage legal research in this field. These suggestions also aim to bridge the communication gap that presently exists between law practitioners, forensic scientists and the general community’s awareness of the criminal justice system.Keywords: forensic science, Indian legal professionals, interdisciplinary awareness, legal education
Procedia PDF Downloads 3382225 Constitutional Courts as Positive Legislators: The Role of Indonesian Constitutional Court in Interpreting and Applying the Constitution
Authors: Masnur Marzuki
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As in other democratic countries, the constitutional court of Indonesia has the role of interpreting and applying the Constitution in order to preserve its supremacy testing the constitutionality of statutes. With its strong power to enforce and guard the Constitution, the court is now challenged to provide people an opportunity to understand their constitutional rights close up. At the same time, the court has built up an enviable reputation among constitutional courts in new democracies for the technical quality of its legitimacy in the legal sense. Since its establishment in 2003, the Constitutional Court of Indonesia has decided more than 190 statutes in judicial review case. It has been remarkably successful to make a credible start on its work of guarding the Constitution. Unsurprisingly, many argue that the Court has elevated Indonesia’s democracy to a whole new level. In accomplishing its roles judicial review, the basic principle that can be identified is that the Constitutional Court must always be subordinated to the Constitution. It is not being allowed to invade the field of the legislator. In doing so, the court does not have any discretionary political basis in order to create legal norms or provisions that could not be deducted from the Constitution itself. When interpreting a statute “in accordance with the constitution”, the court recognizes and reasserts that it is strictly forbidden to extend the scope of a legal provision in such a way that would create a general norm not established by the law-maker. This paper aims to identify and assess the latest role of Indonesian Constitutional Court in interpreting and applying the Constitution. In particular, it questions 1) the role of the Constitutional Court in judicial review; and 2) the role of the court to assist the legislators in the accomplishment of their functions in order to preserve its supremacy testing the constitutionality of statutes. Concerning positive legislator, jurisprudential and judicial review theories will be approached. The empirical part will include qualitative and comparative research. Main questions to be addressed: Can the Constitutional Court be functionalized as positive legislator? What are the criteria for conducting role of Constitutional Courts as Positive Legislators and how can it be accepted? Concerning the subordination of Constitutional Courts to the Constitution and judicial review, both qualitative and quantitative methods will be used, and differences between Indonesia and German Constitutional Court will be observed. Other questions to be addressed: Can Constitutional Courts have any discretionary political basis in order to create legal norms or provisions that could not be deducted from the Constitution itself. Should the Constitutional Court always act as a negative legislator? However, the Constitutional Court in Indonesia has played role as positive legislators which create dynamic of Indonesian legal development. In performing the task of reviewing the constitutionality of statutes, the Constitutional Court has created legal norms or provisions that could be deducted from the Constitution itself.Keywords: constitution, court, law, rights
Procedia PDF Downloads 4232224 Unmet English Needs of the Non-Engineering Staff: The Case of Algerian Hydrocarbon Industry
Authors: N. Khiati
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The present paper attempts to report on some findings that emerged out of a larger scale doctorate research into English language needs of a renowned Algerian company of Hydrocarbon industry. From a multifaceted English for specific purposes (ESP) research perspective, the paper considers the English needs of the finance/legal department staff in the midst of the conflicting needs perspectives involving both objective needs indicators (i.e., the pressure of globalised business) and the general negative attitudes among the administrative -mainly jurists- staff towards English (favouring a non-adaptation strategy). The researcher’s unearthing of the latter’s needs is an endeavour to concretise the concepts of unmet, or unconscious needs, among others. This is why, these initially uncovered hidden needs will be detailed questioning educational background, namely previous language of instruction; training experiences and expectations; as well as the actual communicative practices derived from the retrospective interviews and preliminary quantitative data of the questionnaire. Based on these rough clues suggesting real needs, the researcher will tentatively propose some implications for both pre-service and in-service training organisers as well as for educational policy makers in favour of an English course in legal English for the jurists mainly from pre-graduate phases to in-service training.Keywords: English for specific purposes (ESP), legal and finance staff, needs analysis, unmet/unconscious needs, training implications
Procedia PDF Downloads 1392223 The Legality of the Individual Education Plan from the Teachers’ Perspective in Saudi Arabia
Authors: Sohil I. Alqazlan
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Introduction and Objectives: The individual educational plans (IEPs) is the cornerstone in education for students with special education need (SEN). The Saudi government supported the students’ right to have an IEP, and their education is one of the primary goals for the Ministry of Education (MoE). However, this support does not reflect the huge government investment. For example, some SEN students do not have an IEP, and poor communication was found between IEP teams and student's families. As a result, this study investigated perspectives and understandings of the IEP from the views of SEN teachers in the Saudi context. Methods: This study design utilised a qualitative approach, where in-depth semi-structured interviews were used with 8 SEN teachers in Riyadh (the capital city of Saudi Arabia) schools. In terms of analysing the interviews’ findings, the researcher used the thematic analyses approach. Results and Conclusion: The legality and the consideration of the legal document in Saudi Arabia are the main areas wherein study participants were questioned. It was observed that the IEP is not considered a legal document in the region of Saudi Arabia. As interpreted from the response of the SEN teachers, the IEP lacks the required legality with respect to its implementation in Saudi Arabia. All teachers were in agreement that the IEP is not considered to be a legal document in the Kingdom of Saudi Arabia. As a result, they did not use it for all their students with SEN. Such findings might have affected the teaching quality, and school outcomes as all SEN students must be supported individually depending on their needs.Keywords: individual education plan, special education, IEP, teachers
Procedia PDF Downloads 1642222 Protection of Minor's Privacy in Bosnian Herzegovinian Media (Legal Regulation and Current Media Reporting)
Authors: Ilija Musa
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Positive legal regulation of juvenile privacy protection, current state of showing a child in BH media and possibilities of a child’s privacy protection by more adequate media legislature which should be arranged in accordance to recommendations of the UN Committee on the Rights of the Child for Bosnia and Herzegovina. Privacy of the minors in Bosnian-Herzegovinian media is insufficiently legally arranged. Due to the fact that there is no law on media area arrangement at the state level, electronic media are under jurisdiction of Communications regulatory agency, which at least partially, regulated the sector of radio and television broadcasting by adequate protection of child’s privacy. However, print and online media are under jurisdiction of non-governmental association Print and online media council in B&H which is not authorized to punish violators of this body’s Codex, what points out the necessity of passing the unique media law which would enable sanctioning the child’s privacy violation. The analysis of media content, which is a common violation of the child's privacy, analysis of positive legislation which regulates the media, confirmed the working hypothesis by which the minor’s protection policy in BH media is not protected at the appropriate level. Taking this into consideration, in the conclusion of this article the author gives recommendations for the regulation of legal protection of minor’s privacy in BH media.Keywords: children, media, legislation, privacy protection, Bosnia Herzegovina
Procedia PDF Downloads 4822221 Victim and Active Subject of the Crime of Violence in Family Reflected in the Criminal Code of the Republic of Moldova
Authors: Nastas Andrei
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Ensuring accessible and functional justice is one of the priority objectives of judicial reform, and protecting the family against any acts that may harm its existence is one of the first priorities that have determined the need to defend the social order. In this context, the correlative approach of the victim and the aggressor becomes relevant as a subject of the crime of domestic violence. Domestic violence is a threat of physical, moral, or material harm, externalized now or in the past, or its provocation, which is characterized by a constant tendency to escalate and a high probability of repetitiveness in the relationship between the social partners, regardless of their legal status or domicile.Studying the legal support to identify the particularities of the victim and the subject of the crime of domestic violence facilitates the identification of the determinants of this crime, therefore, the development of means to prevent domestic violence. The scientific research has been effectuated on the base of the proper and authentic empirical data obtained from the analysis of the judicial practice in the matter of domestic violence, as well as being based on the most recent scientific issues in the field of the Substantive Criminal Law and other branches of science (criminology, psychology, sociology, pedagogy). As a result of the study performed, there have been formulated conclusions and interpretations able to be used in the science of the Substantive Criminal law, as well as in the practice of application of the legal norm in the matter of domestic violence.Keywords: family violence, victim, crime, violence
Procedia PDF Downloads 1042220 Interpretation of Medical Negligence under Consumer Laws
Authors: Ashfaq M. Naikwadi
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Decided cases of medical negligence, mostly are not settled in the lower courts. Majority of them reach up to the apex courts. This is mostly due to different interpretations of the term medical negligence. After studying various cases of medical negligence it is found that in most of the cases the doctors/hospitals are not held liable. There are different interpretations of law concerning medical services. Globally the principles deciding medical negligence are same, viz. Legal duty of care - breach of that duty - direct causation resulting in damages. Since ordinary negligence is not punishable by law, doctors/hospitals have defenses to save themselves from liability. Complaints of negligence come to the courts whose judges mostly are not oriented with medical services or health sciences. Matters of medical negligence are decided on the basic principles of reasonableness and prudence or by relying on the expert’s opinion. Deciding reasonableness or prudence is a complex issue in case of medical services. Again expert opinion is also questionable as an expert in case of medical negligence is appointed from the same field and same faculty. There is a chance of favoritism to the doctor/hospital. The concept of vicarious liability is not widely applied to in many of the medical negligence cases. Established cases used as precedents were studied to understand the basic principles in deciding medical negligence. This paper evaluates the present criteria in interpreting medical negligence and concludes with suggesting reforms required to be made in deciding matters of medical negligence under the consumer laws.Keywords: consumer, doctors, laws, medical negligence
Procedia PDF Downloads 3572219 The Medieval Byzantine Churches at Trebizond (Trabzon): Promotion of Local Awareness and Conservation through Interpretation and Presentation
Authors: Esra Ceren Kara, Ufuk Seri̇n
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The Byzantine Empire, which persisted from the 4th to 15th centuries, covered a significant period in history and bequeathed a significant cultural heritage throughout its territories, including Turkey. However, despite its historical and cultural importance, the approach of the political authorities, which emphasizes the Seljuk and Ottoman heritage, to Byzantium in Turkey is reluctant and problematic. Byzantine history and culture have long been neglected and attained negative connotations. This has led to a lack of awareness and understanding of Byzantine heritage among the public and inadequate conservation efforts. This research aims to address this problem by proposing a reinterpretation and presentation of Byzantine heritage in Turkey that emphasizes its cultural value and presents it to the public as a part of a common cultural heritage in order to accomplish effective conservation, raise awareness and provide a better understanding of the Byzantium. In this article, the ways to interpret, present and integrate the Medieval Byzantine heritage into today’s world are analyzed through the selected case study of Trebizond (Trabzon) with a holistic approach by putting emphasis on the Byzantine religious edifices, churches, chapels and monasteries. Although the vestiges of this period are still intact and in use today, their past is unknown to many of their users. This situation is even more evident in the case of the converted churches, which are now used as mosques or mosque-museums. In the city center of Trebizond, 9 out of 12 religious edifices that are still in use were built during the Medieval Byzantine period and converted into mosques under Ottoman and Turkish rule. Currently, these monuments serve as mosques and mosque-museums. However, with the exception of Hagia Sophia and Girls Monastery, their Byzantine past is obscure to many locals. Thus, the promotion of local awareness and conservation of the Medieval Byzantine heritage in the city is required. With this premise, this research will investigate the values and opportunities offered by the Byzantine cultural heritage in Trebizond and the threats to its conservation, and it will offer proposals for a more effective interpretation and presentation so as to foster local awareness and integration of the Medieval Byzantine heritage.Keywords: Byzantium/Byzantine, Trebizond, cultural heritage, interpretation and presentation, conservation, religious architecture, converted churches interpretation and presentation
Procedia PDF Downloads 742218 Dynamics of the Landscape in the Different Colonization Models Implemented in the Legal Amazon
Authors: Valdir Moura, FranciléIa De Oliveira E. Silva, Erivelto Mercante, Ranieli Dos Anjos De Souza, Jerry Adriani Johann
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Several colonization projects were implemented in the Brazilian Legal Amazon in the 1970s and 1980s. Among all of these colonization projects, the most prominent were those with the Fishbone and Topographic models. Within this scope, the projects of settlements known as Anari and Machadinho were created, which stood out because they are contiguous areas with different models and structure of occupation and colonization. The main objective of this work was to evaluate the dynamics of Land-Use and Land-Cover (LULC) in two different colonization models, implanted in the State of Rondonia in the 1980s. The Fishbone and Topographic models were implanted in the Anari and Machadinho settlements respectively. The understanding of these two forms of occupation will help in future colonization programs of the Brazilian Legal Amazon. These settlements are contiguous areas with different occupancy structures. A 32-year Landsat time series (1984-2016) was used to evaluate the rates and trends in the LULC process in the different colonization models. In the different occupation models analyzed, the results showed a rapid loss of primary and secondary forests (deforestation), mainly due to the dynamics of use, established by the Agriculture/Pasture (A/P) relation and, with heavy dependence due to road construction.Keywords: land-cover, deforestation, rate fragments, remote sensing, secondary succession
Procedia PDF Downloads 1292217 Increasing Abundance of Jellyfish in the Shorelines of Bangladesh: Analyzing the Policy Framework for Facing the Challenges
Authors: Md Mizanur Rahman, M. Aslam Alam, Muhammad Abu Yusuf
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The abundance of Jellyfish across the coasts of the Bay of Bengal is increasing sharply due to marine pollution, increased sea acidification and climate change. Jellyfish draws our attention to address the local and global stressors. This also indicates that something wrong is happening in this bay behind the scenes. This study aimed to investigate how the policy framework governing the sea can be reformed. To do so, this study evaluated the existing policy, regulatory and institutional framework. Empirical data were collected from the middle coastal zone of Bangladesh. The secondary literature on policy, legal documents, and institutional arrangements were reviewed. The causes of poor coordination among different public sectors and non-compliance of laws were identified. The key findings show that despite the existing of Department of Environment, poor coordination with other departments, and lack of logistics and technical staffs have resulted in severe marine pollution and degradation of coastal and marine living resources. The existing policies had no monitoring and evaluation mechanisms. Non-compliance of the existing laws has been fueling the problems. This study provides an integrated policy and a guideline for updating the legal and institutional mechanism to manage coastal and marine living resources sustainably in Bangladesh to achieve Sustainable Development Goal 14.Keywords: legal, institutional, framework, jellyfish
Procedia PDF Downloads 1172216 Navigating the Legal Seas: The Freedom to Choose Applicable Law in Tort
Authors: Sara Vora (Hoxha)
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An essential feature of any international lawsuit is the ability of the parties to pick the law that would apply in the event of a tort claim. This option to choose the law to use in tort cases is based on Article 14 and 4/3 of the Rome II Regulation. The purpose of this article is to examine the boundaries of this freedom, as well as its relevance in international legal disputes. The article opens with a brief introduction to the basics of tort law. After a short introduction, the article demonstrates why Article 14 and 4/3 of the Rome II Regulation are so crucial to the right to select appropriate law in tort cases. The notion of the right to select the law to use in tort cases is examined, along with its breadth and possible restrictions. The article presents case studies to demonstrate how the right to select relevant law in tort might be put into practise. Case results and the judges' rationales for their rulings are examined. The possible influence of the right to select applicable law in tort on the process of harmonisation is also explored in this study. The results are summarised and the primary research question is addressed in the last section of the paper. In conclusion, the parties' ability to pick the law that rules their dispute via the freedom to choose relevant law in tort is a crucial feature of cross-border litigation. Despite certain restrictions, this freedom is nevertheless an important part of the legal structure that governs international conflicts.Keywords: applicable law, tort, Rome II regulation, freedom to choose, cross-border litigation, harmonization of tort law
Procedia PDF Downloads 592215 Judicial Institutions in a Post-Conflict Society: Gaining Legitimacy through a Holistic Reform
Authors: Abdul Salim Amin
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This paper focuses on how judiciaries in post-conflict society gain legitimacy through reformation. Legitimacy plays a pivotal role in shaping peoples’ behavior to submit to the law and verifies the rightfulness of an organ for taking binding decisions. Among various dynamics, judicial independence, access to justice and behavioral changes of the judicial officials broadly contribute in legitimation of judiciary in general, and the court in particular. Increasing the independence of judiciary through reform limits the interference of governmental branches in judicial issues and protects basic rights of the citizens. Judicial independence does not only matter in institutional terms, individual independence also influences the impartiality and integrity of judges, which can be increased through education and better administration of justice. Finally, access to justice as an intertwined concept both at the legal and moral spectrum of judicial reform avails justice to the citizen and increases the level of public trust and confidence. Efficient legal decisions on fostering such elements through holistic reform create a rule of law atmosphere. Citizens do not accept illegitimate judiciary and do not trust its decisions. Lack of such tolerance and confidence deters the rule of law and, thus, undermines the democratic development of a society.Keywords: legitimacy, judicial reform, judicial independence, access to justice, legal training, informal justice, rule of law
Procedia PDF Downloads 4952214 Legal Pluralism and Ideology: The Recognition of the Indigenous Justice Administration in Bolivia through the "Indigenismo" and "Decolonisation" Discourses
Authors: Adriana Pereira Arteaga
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In many Latin American countries the transition towards legal pluralism - has developed as part of what is called Latin-American-Constitutionalism over the last thirty years. The aim of this paper is to discuss how legal pluralism in its current form in Bolivia may produce exclusion and violence. Legal sources and discourse analysis - as an approach to examine written language on discourse documentation- will be used to develop this paper. With the constitution of 2009, Bolivia was symbolically "re-founded" into a multi-nation state. This shift goes hand in hand with the "indigenista" and "decolonisation" ideologies developing since the early 20th century. Discourses based on these ideologies reflect the rejection of liberal and western premises on which the Bolivian republic was originally built after independence. According to the "indigenista" movements, the liberal nation-state generates institutions corresponding to a homogenous society. These liberal institutions not only ignore the Bolivian multi-nation reality, but also maintain the social structures originating form the colony times, based on prejudices against the indigenous. The described statements were elaborated through the image: the indigenous people humiliated by a cruel western system as highlighted by the constitution's preamble. This narrative had a considerable impact on the sensitivity of people and received great social support. Therefore the proposal for changing structures of the nation-state, is charged with an emancipatory message of restoring even the pre-Columbian order. An order at times romantically described as the perfect order. Legally this connotes a rejection of the positivistic national legal system based on individual rights and the promotion of constitutional recognition of indigenous justice administration. The pluralistic Constitution is supposed to promote tolerance and a peaceful coexistence among nations, so that the unity and integrity of the country could be maintained. In its current form, legal pluralism in Bolivia is justified on pre-existing rights contained for example in the International - Labour - Organization - Convention 169, but it is more developed on the described discursive constructions. Over time these discursive constructions created inconsistencies in terms of putting indigenous justice administration into practice: First, because legal pluralism has been more developed on level of political discourse, so a real interaction between the national and the indigenous jurisdiction cannot be observed. There are no clear coordination and cooperation mechanisms. Second, since the recently reformed constitution is based on deep sensitive experiences, little is said about the general legal principles on which a pluralistic administration of justice in Bolivia should be based. Third, basic rights, liberties, and constitutional guarantees are also affected by the antagonized image of the national justice administration. As a result, fundamental rights could be violated on a large scale because many indigenous justice administration practices run counter to these constitutional rules. These problems are not merely Bolivian but may also be encountered in other regional countries with similar backgrounds, like Ecuador.Keywords: discourse, indigenous justice, legal pluralism, multi-nation
Procedia PDF Downloads 4422213 Client Importance and Audit Quality under Civil Law versus Common Law Societies
Authors: Kelly Grani Yuen
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Accounting scandals and auditing frauds are perceived to be driven by aggressive companies and misrepresentation of audit reports. However, local legal systems and law enforcements may affect the services auditors provide to their ‘important’ clients. Under the civil law and common law jurisdictions, the standard setters, the government, and the regulatory bodies treat cases differently. As such, whether or not different forms of legal systems and extent of law enforcement plays an important role in auditor’s Audit Quality is a question this paper attempts to explore. The paper focuses on the investigation in Asia, where Hong Kong represents the common-law jurisdiction, while Taiwan and China represent the civil law jurisdiction. Only the ten reputable accounting firms are used in this study due to the differences in rankings and establishments of some of the small local audit firms. This will also contribute to the data collected between the years 2007-2013. By focusing on the use of multiple regression based on the dependent (Audit Quality) and independent variables (Client Importance, Law Enforcement, and Press Freedom), six different models are established. Results demonstrate that since different jurisdictions have different legal systems and market regulations, auditor’s treatment on ‘important’ clients will vary. However, with the moderators in place (law enforcement and press freedom), the relationship between client importance and audit quality may be smoothed out. With that in mind, this study contributes to local governments and standard setters’ consideration on legal reform and proper law enforcement in the market. Perhaps, with such modifications on the economic systems, collusion between companies and auditors can finally be put to a halt.Keywords: audit quality, client importance, jurisdiction, modified audit opinions
Procedia PDF Downloads 4082212 Emergency Physician Performance for Hydronephrosis Diagnosis and Grading Compared with Radiologist Assessment in Renal Colic: The EPHyDRA Study
Authors: Sameer A. Pathan, Biswadev Mitra, Salman Mirza, Umais Momin, Zahoor Ahmed, Lubna G. Andraous, Dharmesh Shukla, Mohammed Y. Shariff, Magid M. Makki, Tinsy T. George, Saad S. Khan, Stephen H. Thomas, Peter A. Cameron
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Study objective: Emergency physician’s (EP) ability to identify hydronephrosis on point-of-care ultrasound (POCUS) has been assessed in the past using CT scan as the reference standard. We aimed to assess EP interpretation of POCUS to identify and grade the hydronephrosis in a direct comparison with the consensus-interpretation of POCUS by radiologists, and also to compare the EP and radiologist performance using CT scan as the criterion standard. Methods: Using data from a POCUS databank, a prospective interpretation study was conducted at an urban academic emergency department. All POCUS exams were performed on patients presenting with renal colic to the ED. Institutional approval was obtained for conducting this study. All the analyses were performed using Stata MP 14.0 (Stata Corp, College Station, Texas). Results: A total of 651 patients were included, with paired sets of renal POCUS video clips and the CT scan performed at the same ED visit. Hydronephrosis was reported in 69.6% of POCUS exams by radiologists and 72.7% of CT scans (p=0.22). The κ for consensus interpretation of POCUS between the radiologists to detect hydronephrosis was 0.77 (0.72 to 0.82) and weighted κ for grading the hydronephrosis was 0.82 (0.72 to 0.90), interpreted as good to very good. Using CT scan findings as the criterion standard, Eps had an overall sensitivity of 81.1% (95% CI: 79.6% to 82.5%), specificity of 59.4% (95% CI: 56.4% to 62.5%), PPV of 84.3% (95% CI: 82.9% to 85.7%), and NPV of 53.8% (95% CI: 50.8% to 56.7%); compared to radiologist sensitivity of 85.0% (95% CI: 82.5% to 87.2%), specificity of 79.7% (95% CI: 75.1% to 83.7%), PPV of 91.8% (95% CI: 89.8% to 93.5%), and NPV of 66.5% (95% CI: 61.8% to 71.0%). Testing for a report of moderate or high degree of hydronephrosis, specificity of EP was 94.6% (95% CI: 93.7% to 95.4%) and to 99.2% (95% CI: 98.9% to 99.5%) for identifying severe hydronephrosis alone. Conclusion: EP POCUS interpretations were comparable to the radiologists for identifying moderate to severe hydronephrosis using CT scan results as the criterion standard. Among patients with moderate or high pre-test probability of ureteric calculi, as calculated by the STONE-score, the presence of moderate to severe (+LR 6.3 and –LR 0.69) or severe hydronephrosis (+LR 54.4 and –LR 0.57) was highly diagnostic of the stone disease. Low dose CT is indicated in such patients for evaluation of stone size and location.Keywords: renal colic, point-of-care, ultrasound, bedside, emergency physician
Procedia PDF Downloads 2752211 The Contribution of the Lomé Charter to Combating Trafficking in Arms at Sea: Nigerian and South African Legal Perspectives
Authors: Obinna Emmanuel Nkomadu
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Many illegal activities take place on the sea, including trafficking in arms, which constitutes one of the major threats to maritime security. Indeed, the dissemination of arms has hampered the peaceful settlement of many States in Africa, fuelled disputes into armed conflicts, and contributed to the prolongation of armed conflicts in many African States. The absence of international standards on the importation, exportation, and transfer of conventional arms is a contributory factor to conflict, displacement of people, crime, and terrorism on the continent of Africa, which in turn undermines peace, safety, security, stability, and sustainable development. South Africa and Nigeria have taken steps to address the illicit arms, but, despite those steps, arms trafficking at sea continues. To suppress the illicit arms and to combat a number of other threats to maritime security around the continent of Africa, the majority of AU members in 2016 adopted the African Charter on Maritime Security and Safety and Development in Africa (“the Lomé Charter”). However, the Lomé Charter is yet to come into force. This paper set out the pre-existing international legal instruments on arms to ascertain the domestic laws of South Africa and Nigeria relating to arms with the relevant provisions of the Charter in order to establish whether any legal steps are required to ensure that South Africa and Nigeria comply with its obligations under the Lomé Charter should it decide to ratify it. The legal steps include cooperating in establishing policies, as well as a regional and continental institution, and ensuring the implementation of such policies. The paper concludes ratifying the Lomé Charter is a step in the right direction in suppressing arms trafficking at sea, in addition to filling those gaps or limitations in their relevant legislation.Keywords: cooperation against arms trafficking at sea, Lomé Charter, maritime security, Nigerian and South Africa legislation on arms
Procedia PDF Downloads 852210 Biases in Macroprudential Supervision and Their Legal Implications
Authors: Anat Keller
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Given that macro-prudential supervision is a relatively new policy area and its empirical and analytical research are still in their infancy, its theoretical foundations are also lagging behind. This paper contributes to the developing discussion on effective legal and institutional macroprudential supervision frameworks. In the first part of the paper, it is argued that effectiveness as a key benchmark poses some challenges in the context of macroprudential supervision such as the difficulty in proving causality between supervisory actions and the achievement of the supervisor’s mission. The paper suggests that effectiveness in the macroprudential context should, therefore, be assessed at the supervisory decision-making process (to be differentiated from the supervisory outcomes). The second part of the essay examines whether insights from behavioural economics can point to biases in the macroprudential decision-making process. These biases include, inter alia, preference bias, groupthink bias and inaction bias. It is argued that these biases are exacerbated in the multilateral setting of the macroprudential supervision framework in the EU. The paper then examines how legal and institutional frameworks should be designed to acknowledge and perhaps contain these identified biases. The paper suggests that the effectiveness of macroprudential policy will largely depend on the existence of clear and robust transparency and accountability arrangements. Accountability arrangements can be used as a vehicle for identifying and addressing potential biases in the macro-prudential framework, in particular, inaction bias. Inclusiveness of the public in the supervisory process in the form of transparency and awareness of the logic behind policy decisions may assist in minimising their potential unpopularity thus promoting their effectiveness. Furthermore, a governance structure which facilitates coordination of the macroprudential supervisor with other policymakers and incorporates outside perspectives and opinions could ‘break-down’ groupthink bias as well as inaction bias.Keywords: behavioural economics and biases, effectiveness of macroprudential supervision, legal and institutional macroprudential frameworks, macroprudential decision-making process
Procedia PDF Downloads 2692209 Interpretation of Ultrasonic Backscatter of Linear FM Chirp Pulses from Targets Having Frequency-Dependent Scattering
Authors: Stuart Bradley, Mathew Legg, Lilyan Panton
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Ultrasonic remote sensing is a useful tool for assessing the interior structure of complex targets. For these methods, significantly enhanced spatial resolution is obtained if the pulse is coded, for example using a linearly changing frequency during the pulse duration. Such pulses have a time-dependent spectral structure. Interpretation of the backscatter from targets is, therefore, complicated if the scattering is frequency-dependent. While analytic models are well established for steady sinusoidal excitations applied to simple shapes such as spheres, such models do not generally exist for temporally evolving excitations. Therefore, models are developed in the current paper for handling such signals so that the properties of the targets can be quantitatively evaluated while maintaining very high spatial resolution. Laboratory measurements on simple shapes are used to confirm the validity of the models.Keywords: linear FM chirp, time-dependent acoustic scattering, ultrasonic remote sensing, ultrasonic scattering
Procedia PDF Downloads 3082208 A Semiotic Framework for Edutainment Cinema
Authors: Robin Gengan
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The film industry is one of the most impactful creative sectors in modern social influence. It has relational effects on knowledge and psychological impact on the youth. Much focus in current filmmaking is either in fictional drama or documentary. The purpose of this article is to combine the two into a third genre; edutainment in which film is approached as a visual educational text. Similar to language text, cinema can be applied to semiotic reading. Film interpretation is a phenomenological order, unique to each viewer. There are cultural norms and tropes that are more universal between the practice of semiotic reading, symbolism and interpretation. Film semiotics and narration are a juxtaposition of moving visual texts and sound to create meaning through film codes and social conventions to form an educational narrative that makes the medium effective for learning and teaching. The aim of this article is to explore and set precedence for more creative building-blocks into future research on edutainment cinema. This will further stimulate and benefit innovative entrepreneurial filmmaking and future academic research.Keywords: cinema, edutainment, epistemology, multimodality, semiotics, structuralism
Procedia PDF Downloads 462207 Offshore Outsourcing: Global Data Privacy Controls and International Compliance Issues
Authors: Michelle J. Miller
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In recent year, there has been a rise of two emerging issues that impact the global employment and business market that the legal community must review closer: offshore outsourcing and data privacy. These two issues intersect because employment opportunities are shifting due to offshore outsourcing and some States, like the United States, anti-outsourcing legislation has been passed or presented to retain jobs within the country. In addition, the legal requirements to retain the privacy of data as a global employer extends to employees and third party service provides, including services outsourced to offshore locations. For this reason, this paper will review the intersection of these two issues with a specific focus on data privacy.Keywords: outsourcing, data privacy, international compliance, multinational corporations
Procedia PDF Downloads 4052206 Dynamics of India's Nuclear Identity
Authors: Smita Singh
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Through the constructivist perspective, this paper explores the transformation of India’s nuclear identity from an irresponsible nuclear weapon power to a ‘de-facto nuclear power’ in the emerging international nuclear order From a nuclear abstainer to a bystander and finally as a ‘de facto nuclear weapon state’, India has put forth its case as a unique and exceptional nuclear power as opposed to Iran, Iraq and North Korea with similar nuclear ambitions, who have been snubbed as ‘rogue states’ by the international community. This paper investigates the reasons behind international community’s gradual acceptance of India’s nuclear weapons capabilities and nuclear identity after the Indo-U.S. Nuclear Deal. In this paper, the central concept of analysis is the inter-subjective nature of identity in the nuclear arena. India’s nuclear behaviour has been discursively constituted by India through evolving images of the ‘self’ and the ‘other.’ India’s sudden heightened global status is not solely the consequence of its 1998 nuclear tests but a calibrated projection as a responsible stakeholder in other spheres such as economic potential, market prospects, democratic credentials and so on. By examining India’s nuclear discourse this paper contends that India has used its material and discursive power in presenting a n striking image as a responsible nuclear weapon power (though not yet a legal nuclear weapon state as per the NPT). By historicising India’s nuclear trajectory through an inter-subjective analysis of identities, this paper moves a step ahead in providing a theoretical interpretation of state actions and nuclear identity construction.Keywords: nuclear identity, India, constructivism, international stakeholder
Procedia PDF Downloads 4332205 A Study on Holosen-Pleistosen Sedimentology of Morphotectonic Structure and Seismicity of Gökova Bay
Authors: Ebru Aktepe Erkoç, Atilla Uluğ
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In this research which has been prepared to show the relationship between Gökova Bay’s morphotectonic structure and seismicity, it is clear that there are many active faults in the region. The existence of a thick sedimentary accumulation since Late Quaternary times is obvious as a result of the geophysical workings in the region and the interpretation of seismic data which has been planning to be taken from the Bay. In the regions which have been tectonically active according to the interpretation of the taken data, the existence of the successive earthquakes in the last few years is remarkable. By analyzing large earthquakes affecting the areas remaining inside the sediments in West Anatolian Collapse System, this paper aims to reveal the fault systems constituting earthquakes with the information obtained from this study and to determine seismicity of the present residential areas right next to them. It is also aimed to anticipate the measures to be taken against possible earthquake hazards, to identify these areas posing a risk in terms of residential and urban planning and to determine at least partly the characteristics of the basin.Keywords: Gökova Bay, sedimentation, seismic, West Anatolian
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