Search results for: legal power

Authors: Yildirim Ortaoglan

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The attempt to make thought school-like by fitting it into various frameworks with the institutionalization of it is almost simultaneous with philosophy itself. What once sprouted in the “academia” of old has institutionalized under the enlightenment's light, becoming the fundamental space reflecting the spirit of its age. However, the shift from the thinking temple where truth's knowledge was sought to functional spaces where power/power relations are constructed indicates a significant rupture in the meaning of school. Therefore, a genealogical inquiry into the meaning of the school can provide us with a path toward understanding how it should be approached in contemporary times. From this perspective, it is essential to highlight how power/power relations operate in the school in terms of disciplinary practices, temporal management, and spatial organization to construct a distinct subjectivation. Recognizing that the changing and evolving nature of education is related to the structure of space can be understood by revealing how disciplinary power and bio-power, two fundamental aspects of genealogical research, operate. In disciplinary power, the relationship of the subject with discipline, temporal management, and space is about improvement and normalization, while in biopower, it manifests in maximizing utility, increasing free time, and constructing spaces that seem more vital. These indicators not only facilitate the formation of students as a subjectivation but also enable the condition of the possibility of power/power relations. Because power is not applied to subjects but used by them for passage, and behind this lies the idea that the individual is already one of the components of power. As one of the components of power, in terms of subjectivation type, the student is one of the primary targets of power relations. Therefore, conducting a genealogical inquiry of the student as a type of subjectivation and the school as its living area from the philosophical foundations of education may offer a new opportunity for thinking about the contemporary crisis of thought. Within the framework of this possibility, our investigation will consider which aspects of the school and the student, brought together for educational purposes, can be thought of within and beyond power/power relations.

Keywords: power, education, space, school, student, discipline

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Authors: Deike Janssen

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In the scenery of the Tyrolean mountains, at an altitude of 1300 meters, stands a building. Residents and activists call it a prison. However, it is not a prison -according to authorities, it is a 'Return Counseling Facility' where migrants and refugees should be "motivated" to return "voluntary" to their countries of origin. This paper argues that the geographical location of the camp functions as a site of exclusion, isolation, and coercion where no one can decide “voluntary” to return, but where people are brought to despair to leave Austria. Through a qualitative case study, this paper documents the heavy impact of offshore detention on the mental, physical and social state of the residents and a variety of human rights problems in the centre. Different developments at the Return Counselling Facility and the law that back up the centre uncover a worrying dynamic that deliberately accepts human rights problems in order to enforce borders, a policy that disregards humanitarian, legal, and ethical stands in order to deport people at all hazards. It, therefore, can be seen as a creative and ultimate exercise of state power, which uses isolated locations to control migration. While the analysis revises the micro and macro implications of the facility and, therefore, the legal and political facets, it also sheds light on the role of the civil society, which tries to increase through constant and collective efforts the human rights efforts of the government.

Keywords: deportation, human rights, migration, refugee detention, voluntary return

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Authors: Chuencheewin Yimfuang

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

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

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Authors: Ahmed Cherif Megri, HossamEldin ElSherif

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In a power plant, the header pipe plays a pivotal role in optimizing the performance of diverse systems by serving as a central conduit for the collection and distribution of steam within the plant. This paper investigates the significance of header pipes within power plant setups, highlighting their critical influence on reliability, efficiency, and the performance of the power plant as a whole. The concept of shape optimization emerges as a crucial factor in power plant design and operation, with the potential to maximize performance while minimizing the use of materials. Shape optimization not only enhances efficiency but also contributes to reducing the environmental footprint of power plant installations. In this paper, we initially developed a methodology designed for optimizing header shapes with the primary goal of reducing the usage of costly new alloy materials and lowering the overall maintenance operation expenses. Secondly, we conducted a case study based on an authentic header sourced from an operational power plant.

Keywords: shape optimization, header, power plant, inconel alloy, CFD, structural optimization

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Authors: Noor Suhaida Kasri

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

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

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Authors: Thiago Brito Bezerra

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This paper presents a novel approach to reduce power consumption of digital filters based on dynamic bypassing of partial products in their multipliers. The bypassing elements incorporated into the multiplier hardware eliminate redundant signal transitions, which appear within the carry-save adders when the partial product is zero. This technique reduces the power consumption by around 20%. The circuit implementation was made using the AMS 0.18 um technology. The bypassing technique applied to the circuits is outlined.

Keywords: digital filter, low-power, bypassing technique, low-pass filter

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Authors: Masoud Soltani Hosseini, Fereshteh Rahmani, Mohammad Tajik Mansouri, Ali Zolghadr

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Climate change is accompanied with ambient temperature increase and water accessibility limitation. The main objective of this paper is to investigate the effects of climate change on thermal power plants including gas turbines, steam and combined cycle power plants in Iran. For this purpose, the ambient temperature increase and water accessibility will be analyzed and their effects on power output and efficiency of thermal power plants will be determined. According to the results, the ambient temperature has high effect on steam power plants with indirect cooling system (Heller). The efficiency of this type of power plants decreases by 0.55 percent per 1oC ambient temperature increase. This amount is 0.52 and 0.2 percent for once-through and wet cooling systems, respectively. The decrease in power output covers a range of 0.2% to 0.65% for steam power plant with wet cooling system and gas turbines per 1oC air temperature increase. Based on the thermal power plants distribution in Iran and different scenarios of climate change, the total amount of power output decrease falls between 413 and 1661 MW due to ambient temperature increase. Another limitation incurred by climate change is water accessibility. In optimistic scenario, the power output of steam plants decreases by 1450 MW in dry and hot climate areas throughout next decades. The remaining scenarios indicate that the amount of decrease in power output would be by 4152 MW in highlands and cold climate. Therefore, it is necessary to consider appropriate solutions to overcome these limitations. Considering all the climate change effects together, the actual power output falls in range of 2465 and 7294 MW and efficiency loss covers the range of 0.12 to .56 % in different scenarios.

Keywords: climate, change, thermal, power plants

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Authors: Lipsa Dash, Gyanendra Sahu

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

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

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Authors: Ning Gong, Michael Korostelev, Qiangguo Ren, Li Bai, Saroj K. Biswas, Frank Ferrese

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This paper investigates the joint effect of the interconnected (n,k)-star network topology and Multi-Agent automated control on restoration and reconfiguration of power systems. With the increasing trend in development in Multi-Agent control technologies applied to power system reconfiguration in presence of faulty components or nodes. Fault tolerance is becoming an important challenge in the design processes of the distributed power system topology. Since the reconfiguration of a power system is performed by agent communication, the (n,k)-star interconnected network topology is studied and modeled in this paper to optimize the process of power reconfiguration. In this paper, we discuss the recently proposed (n,k)-star topology and examine its properties and advantages as compared to the traditional multi-bus power topologies. We design and simulate the topology model for distributed power system test cases. A related lemma based on the fault tolerance and conditional diagnosability properties is presented and proved both theoretically and practically. The conclusion is reached that (n,k)-star topology model has measurable advantages compared to standard bus power systems while exhibiting fault tolerance properties in power restoration, as well as showing efficiency when applied to power system route discovery.

Keywords: (n, k)-star topology, fault tolerance, conditional diagnosability, multi-agent system, automated power system

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Authors: Ning Gong, Michael Korostelev, Qiangguo Ren, Li Bai, Saroj Biswas, Frank Ferrese

Abstract:

This paper investigates the joint effect of the interconnected (n,k)-star network topology and Multi-Agent automated control on restoration and reconfiguration of power systems. With the increasing trend in development in Multi-Agent control technologies applied to power system reconfiguration in presence of faulty components or nodes. Fault tolerance is becoming an important challenge in the design processes of the distributed power system topology. Since the reconfiguration of a power system is performed by agent communication, the (n,k)-star interconnected network topology is studied and modeled in this paper to optimize the process of power reconfiguration. In this paper, we discuss the recently proposed (n,k)-star topology and examine its properties and advantages as compared to the traditional multi-bus power topologies. We design and simulate the topology model for distributed power system test cases. A related lemma based on the fault tolerance and conditional diagnosability properties is presented and proved both theoretically and practically. The conclusion is reached that (n,k)-star topology model has measurable advantages compared to standard bus power systems while exhibiting fault tolerance properties in power restoration, as well as showing efficiency when applied to power system route discovery.

Keywords: (n, k)-star topology, fault tolerance, conditional diagnosability, multi-agent system, automated power system

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Authors: Ioannis Iglezakis, Theodoros D. Trokanas, Panagiota Kiortsi

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This paper aims to explore major legal issues arising from the collection and processing of Health Big Data in the light of the new European secondary legislation for the protection of personal data of natural persons, placing emphasis on the General Data Protection Regulation 679/2016. Whether Big Health Data can be characterised as ‘personal data’ or not is really the crux of the matter. The legal ambiguity is compounded by the fact that, even though the processing of Big Health Data is premised on the de-identification of the data subject, the possibility of a combination of Big Health Data with other data circulating freely on the web or from other data files cannot be excluded. Another key point is that the application of some provisions of GPDR to Big Health Data may both absolve the data controller of his legal obligations and deprive the data subject of his rights (e.g., the right to be informed), ultimately undermining the fundamental right to the protection of personal data of natural persons. Moreover, data subject’s rights (e.g., the right not to be subject to a decision based solely on automated processing) are heavily impacted by the use of AI, algorithms, and technologies that reclaim health data for further use, resulting in sometimes ambiguous results that have a substantial impact on individuals. On the other hand, as the COVID-19 pandemic has revealed, Big Data analytics can offer crucial sources of information. In this respect, this paper identifies and systematises the legal provisions concerned, offering interpretative solutions that tackle dangers concerning data subject’s rights while embracing the opportunities that Big Health Data has to offer. In addition, particular attention is attached to the scope of ‘consent’ as a legal basis in the collection and processing of Big Health Data, as the application of data analytics in Big Health Data signals the construction of new data and subject’s profiles. Finally, the paper addresses the knotty problem of role assignment (i.e., distinguishing between controller and processor/joint controllers and joint processors) in an era of extensive Big Health data sharing. The findings are the fruit of a current research project conducted by a three-member research team at the Faculty of Law of the Aristotle University of Thessaloniki and funded by the Greek Ministry of Education and Religious Affairs.

Keywords: big health data, data subject rights, GDPR, pandemic

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Authors: Roxan Venter

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Ombudsmen often face the challenge of a lack of authority to have their decisions and recommendations enforced. This lack of authority may be seen as one of the major obstacles in the way of the effectiveness of the institutions of Ombudsman and also the South African Public Protector. The paper will address the current legal position in South Africa with regard to the status of the decisions and recommendations of the South African Public Protector and the enforcement thereof. In addition, the paper will compare the South African position with the experiences of other jurisdictions, including Scandinavian countries like Sweden, Denmark and Norway, but also New Zealand and Northern Ireland, with regard to the enforcement of the decisions of Ombudsmen. Finally, the paper will make recommendations with regard to the enhancement of the power and authority of Ombudsmen in order to effectively enforce their decisions. It is submitted that the creation of the office of Ombudsman, and the Public Protector in the South African system, is an essential tool to ensure the protection of society against governmental abuse of power and it is therefore imperative to ensure that these watchdogs of democracy are not muzzled by a lack of powers of enforcement.

Keywords: enforcement of decisions of ombudsmen, governmental control, ombudsman, South African public protector

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

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

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

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Authors: Krishnan Manickavasagam, Manikandan Shanmugam

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Clean and abundant renewable energy sources (RES) such as solar energy is seen as the best solution to replace conventional energy source. Unpredictable power generation is a major issue in the penetration of solar energy, as power generated is governed by the irradiance received. Controlling the power generated from solar PV (SPV) panels to battery and load is a challenging task. In this paper, power flow control from SPV to load and energy storage device (ESD) is controlled by a fuzzy decision support system (FDSS) on the availability of solar irradiation. The results show that FDSS implemented with the energy management system (EMS) is capable of managing power within the area, and if excess power is available, then shared with the neighboring area.

Keywords: renewable energy sources, fuzzy decision support system, solar photovoltaic, energy storage device, energy management system

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Authors: Mitali Kedia, Parul Kapoor

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Public Art is a tool with the power to enrich and enlighten any place; it has been accepted and welcomed effortlessly by many cultures around the World. In this paper, we discuss the implications Public Art has had on the society and how it has evolved over the years, and how in India, art in this aspect is still overlooked and treated as an accessory. Urban aesthetics are still substantially limited to the installation of deities, political figures, and so on. The paper also discusses various possibilities and opportunities on how Public Art can boost a society; it also suggests a framework that can be incorporated in the legal system of the country to make it a part of the city development process.

Keywords: public art, urban fabric, placemaking, community welfare, public art program, imageability

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Authors: Ruwen Pei

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

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

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Authors: Reza Sedaghati

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The use of Flexible AC Transmission System (FACTS) devices in a power system can potentially overcome limitations of the present mechanically controlled transmission system. Also, the advance of technology makes possible to include new energy storage devices in the electrical power system. The integration of Superconducting Magnetic Energy Storage (SMES) into Static Synchronous Compensator (STATCOM) can lead to increase their flexibility in improvement of power system dynamic behaviour by exchanging both active and reactive powers with power grids. This paper describes structure and behaviour of SMES, specifications and performance principles of the STATCOM/SMES compensator. Moreover, the benefits and effectiveness of integrated SMES with STATCOM in power systems is presented. Also, the performance of the STATCOM/SMES compensator is evaluated using an IEEE 3-bus system through the dynamic simulation by PSCAD/EMTDC software.

Keywords: STATCOM/SMES compensator, chopper, converter, energy storage system, power systems

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Authors: Ilya Kavalchuk, Mehdi Seyedmahmoudian, Ben Horan, Aman Than Oo, Alex Stojcevski

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The power electronic components within Electric Vehicles (EV) need to operate in several important modes. Some modes directly influence safety, while others influence vehicle performance. Given the variety of functions and operational modes required of the power electronics, it needs to meet efficiency requirements to minimize power losses. Another challenge in the control and construction of such systems is the ability to support bidirectional power flow. This paper considers the construction, operation, and feasibility of available converters for electric vehicles with feasible configurations of electrical buses and loads. This paper describes logic and control signals for the converters for different operations conditions based on the efficiency and energy usage bases.

Keywords: electric vehicles, electrical machines control, power electronics, powerflow regulations

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Authors: M. Naidoo

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

Keywords: artificial intelligence, bioethics, law, legal personality

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Authors: Triyanto, Rima Vien Permata Hartanto

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

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

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Authors: Ata Khorami, Mohammad Sharifkhani

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In the dynamic comparators, the pre-amplifier amplifies the input differential voltage and when the output Vcm of the pre-amplifier becomes larger than Vth of the latch input transistors, the latch is activated and finalizes the comparison. As a result, the pre-amplification delay is fixed to a value and cannot be set at the minimum required delay, thus, significant power and delay are imposed. In this paper, a novel structure is proposed through which the pre-amplification delay can be set at any low value saving power and time. Simulations show that using the proposed structure, by setting the pre-amplification delay at the minimum required value the power and comparison delay can be reduced by 55% and 100ps respectively.

Keywords: dynamic comparator, low power comparator, analog to digital converter, pre-amplification delay

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Authors: Kashmir Johal

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Within a wider context of improving whole-life effectiveness of gas and oil fields, we have been researching how to generate power local to the wellhead. (Provision of external power to a subsea wellhead can be prohibitively expensive and results in uneconomic fields. This has been an oil/gas industry challenge for many years.) We have been developing a possible approach to “local” power generation and have been conducting technical, environmental, (and economic) research to develop a viable approach. We sought to create a workable design for a new type of power generation system that makes use of differential pressure that can exist between the sea surface and a gas (or oil reservoir). The challenge has not just been to design a system capable of generating power from potential energy but also to design it in such a way that it anticipates and deals with the wide range of technological, environmental, and chemical constraints faced in such environments. We believe this project shows the enormous opportunity in deriving clean, economic, and zero emissions renewable energy from offshore sources. Since this technology is not currently available, a patent has been filed to protect the advancement of this technology.

Keywords: renewable, energy, power, offshore

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Authors: Kitti Leangkrua

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This paper presents a risk-based maintenance strategy of a power transformer in order to optimize operating and maintenance costs. The methodology involves the study and preparation of a database for the collection the technical data and test data of a power transformer. An evaluation of the overall condition of each transformer is performed by a program developed as a result of the measured results; in addition, the calculation of the main equipment separation to the overall condition of the transformer (% HI) and the criteria for evaluating the importance (% ImI) of each location where the transformer is installed. The condition assessment is performed by analysis test data such as electrical test, insulating oil test and visual inspection. The condition of the power transformer will be classified from very poor to very good condition. The importance is evaluated from load criticality, importance of load and failure consequence. The risk matrix is developed for evaluating the risk of each power transformer. The high risk power transformer will be focused firstly. The computerized program is developed for practical use, and the maintenance strategy of a power transformer can be effectively managed.

Keywords: asset management, risk-based maintenance, power transformer, health index

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Authors: Duru Helin Ozaner

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

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

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Authors: Marisa Catarina da Conceição Dinis

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

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

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Authors: Muhammad Gillfran Samual, Rinaldy Dalimi, Fauzan Hanif Jufri, Budi Sudiarto, Ismi Rosyiana Fitri

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Solar energy is increasingly recognized as an important future energy source due to its abundant availability and renewable nature. However, the intermittent nature of solar energy can cause fluctuations in the electricity produced, making it difficult to guarantee a stable and reliable electricity supply. One solution that can be implemented is to use batteries in a photovoltaic solar power plant system with a Moving Average control algorithm, which can help smooth and reduce fluctuations in solar power output power. The parameter that can be adjusted in the Moving Average algorithm is the window size or the arithmetic average width of the photovoltaic output power over time. This research evaluates the effect of a change of window size parameter in the Moving Average algorithm on the resulting smoothed photovoltaic output power and the technical effects on batteries, i.e., power and energy usage. Based on the evaluation, it is found that the increase of window size parameter will slow down the response of photovoltaic output power to changes in irradiation and increase the smoothing quality of the intermittent photovoltaic output power. In addition, increasing the window size will reduce the maximum power received on the load side, and the amount of energy used by the battery during the power smoothing process will increase, which, in turn, increases the required battery capacity.

Keywords: battery, intermittent, moving average, photovoltaic, power smoothing

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Authors: Olanrewaju O. Adeojo

Abstract:

The constitutional system of government provides for the federating units of the Federal Republic of Nigeria, the States and the Local Councils under a governing structure of the Executive, the Legislature and the Judiciary with attendant distinct powers and spheres of influence. The legislative powers of the Federal Republic of Nigeria and of a State are vested in the National Assembly and House of Assembly of the State respectively. The Local council exercises legislative powers in clearly defined matters as provided by the Constitution. Though, the executive as constituted by the President and the Governor are charged with the powers of execution and administration, the legislature is empowered to ensure that such powers are duly exercised in accordance with the provisions of the Constitution. The vast areas do not make oversight functions indefinite and more importantly the purpose for the exercise of the powers are circumscribed. It include, among others, any matter with respect to which it has power to make laws. Indeed, the law provides for the competence of the legislature to procure evidence, examine all persons as witnesses, to summon any person to give evidence and to issue a warrant to compel attendance in matters relevant to the subject matter of its investigation. The exercise of functions envisaged by the Constitution seem to an extent to be literal because it lacks power of enforcing the outcome. Furthermore, the docility of the legislature is apparent in a situation where the agency or authority being called in to question is part of the branch of government to enforce sanctions. The process allows for cover up and obstruction of justice. The oversight functions are not functional in a situation where the executive is overbearing. The friction, that ensues, between the Legislature and the Executive in an attempt by the former to project the spirit of a constitutional mandate calls for concern. It is needless to state a power that can easily be frustrated. To an extent, the arm of government with coercive authority seems to have over shadowy effect over the laid down functions of the legislature. Recourse to adjudication by the Judiciary had not proved to be of any serious utility especially in a clime where the wheels of justice grinds slowly, as in Nigeria, due to the nature of the legal system. Consequently, the law and the Constitution, drawing lessons from other jurisdiction, need to insulate the legislative oversight from the vagaries of the executive. A strong and virile Constitutional Court that determines, within specific time line, issues pertaining to the oversight functions of the legislative power, is apposite.

Keywords: constitution, legislative, oversight, power

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Authors: Kgolagano Mpejane

Abstract:

The study applies a New Institutional Economics (NIE) analytical framework to trade in developing economies by assessing the impacts of institutional quality and institutional quality distance on agricultural trade using a panel data of 15 Southern African Development Community (SADC) countries from the years 1991-2010. The issue of institutions on agricultural trade has not been accorded the necessary attention in the literature, particularly in developing economies. Therefore, the paper empirically tests the gravity model of international trade by measuring the impact of political, economic and legal institutions on intra SADC agricultural trade. The gravity model is noted for its exploratory power and strong theoretical foundation. However, the model has statistical shortcomings in dealing with zero trade values and heteroscedasticity residuals leading to biased results. Therefore, this study employs a two stage Heckman selection model with a Probit equation to estimate the influence of institutions on agricultural trade. The selection stages include the inverse Mills ratio to account for the variable bias of the gravity model. The Heckman model accounts for zero trade values and is robust in the presence of heteroscedasticity. The empirical results of the study support the NIE theory premise that institutions matter in trade. The results demonstrate that institutions determine bilateral agricultural trade on different margins with political institutions having positive and significant influence on bilateral agricultural trade flows within the SADC region. Legal and economic institutions have significant and negative effects on SADC trade. Furthermore, the results of this study confirm that institutional quality distance influences agricultural trade. Legal and political institutional distance have a positive and significant influence on bilateral agricultural trade while the influence of economic, institutional quality is negative and insignificant. The results imply that nontrade barriers, in the form of institutional quality and institutional quality distance, are significant factors limiting intra SADC agricultural trade. Therefore, gains from intra SADC agricultural trade can be attained through the improvement of institutions within the region.

Keywords: agricultural trade, institutions, gravity model, SADC

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Authors: Lim Teck Beng, Thiha Kyaw, Poh Boon Kiat, Lee Ngai Meng

Abstract:

This work presents discussion on the possibility of merging two emerging technologies in microwave; wireless power transfer (WPT) and RF energy harvesting. The current state of art of the two technologies is discussed and the strength and weakness of the two technologies is also presented. The equivalent circuit of wireless power transfer is modeled and explained as how the range and efficiency can be further increased by controlling certain parameters in the receiver. The different techniques of harvesting the RF energy from the ambient are also extensive study. Last but not least, we demonstrate that a low power wireless sensor network (WSN) can be power up by RF energy harvesting. The WSN is designed to transmit every 3 minutes of information containing the temperature of the environment and also the voltage of the node. One thing worth mention is both the sensors that are used for measurement are also powering up by the RF energy harvesting system.

Keywords: energy harvesting, wireless power transfer, wireless sensor network and magnetic coupled resonator

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Authors: Fady Tawakol

Abstract:

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

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

Procedia PDF Downloads 209