Search results for: IS 1893:2002 provisions
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 630

Search results for: IS 1893:2002 provisions

270 Judicial Review of Indonesia's Position as the First Archipelagic State to implement the Traffic Separation Scheme to Establish Maritime Safety and Security

Authors: Rosmini Yanti, Safira Aviolita, Marsetio

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Indonesia has several straits that are very important as a shipping lane, including the Sunda Strait and the Lombok Strait, which are the part of the Indonesian Archipelagic Sea Lane (IASL). An increase in traffic on the Marine Archipelago makes the task of monitoring sea routes increasingly difficult. Indonesia has proposed the establishment of a Traffic Separation Scheme (TSS) in the Sunda Strait and the Lombok Strait and the country now has the right to be able to conceptualize the TSS as well as the obligation to regulate it. Indonesia has the right to maintain national safety and sovereignty. In setting the TSS, Indonesia needs to issue national regulations that are in accordance with international law and the general provisions of the IMO (International Maritime Organization) can then be used as guidelines for maritime safety and security in the Sunda Strait and the Lombok Strait. The research method used is a qualitative method with the concept of linguistic and visual data collection. The source of the data is the analysis of documents and regulations. The results show that the determination of TSS was justified by International Law, in accordance with article 22, article 41, and article 53 of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. The determination of TSS by the Indonesian government would be in accordance with COLREG (International Convention on Preventing Collisions at Sea) 10, which has been designed to follow IASL. Thus, TSS can provide a function as a safety and monitoring medium to minimize ship accidents or collisions, including the warship and aircraft of other countries that cross the IASL.

Keywords: archipelago state, maritime law, maritime security, traffic separation scheme

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269 Law, Regulatory Transformations and Evolving Paradigm: The Case of Corporate Social Responsibility in India

Authors: Shuchi Bharti

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This article intends to analyse the transforming nature of state and corporate sector relationship in the light of evolving regulatory and institutional aspects pertaining to Corporate Social Responsibility (CSR) in India. The focus is on evaluating the accounts of law and decentred discourses, relevant within the changing regulatory and institutional paradigm that substantially goes ahead of formal legal control of state towards corporate actors. At this vantage point, it is important to understand the state’s posture towards a changing scenario particularly as the tone is set by regulatory parameters pertaining to CSR to drive process of engagement with the stakeholders. The tripartite framework of the article intends to focus on finding on the vital interconnected aspects of the CSR provisions (Section 135) of The Companies Act 2013 (The Act), rise of new institutions and the emergence of the decentred regulatory space. Thus is earmarked in a neo-liberal paradigm; state is witnessed to perform a responsive function in engendering enhanced public role for the corporate sector. In this overarching framework the aim is to undertake a causal, exploratory and relational analysis of aspects pertaining law, regulation and institutional transformations. Firstly, focus is drawn on to investigate the relational facets of the advent of law and regulatory framework of CSR. Secondly, in the light of the historical evolution, a causal connection is attempted between globalization, emergence of international soft law framework and the Indian case of CSR. Finally, I look into how the new Companies Act mandates CSR expenditure vis- a -vis multiple parameters and guidelines.

Keywords: corporate social responsibility, stakeholders, soft law, decentred regulation

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268 A Computationally Intelligent Framework to Support Youth Mental Health in Australia

Authors: Nathaniel Carpenter

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Web-enabled systems for supporting youth mental health management in Australia are pioneering in their field; however, with their success, these systems are experiencing exponential growth in demand which is straining an already stretched service. Supporting youth mental is critical as the lack of support is associated with significant and lasting negative consequences. To meet this growing demand, and provide critical support, investigations are needed on evaluating and improving existing online support services. Improvements should focus on developing frameworks capable of augmenting and scaling service provisions. There are few investigations informing best-practice frameworks when implementing e-mental health support systems for youth mental health; there are fewer which implement machine learning or artificially intelligent systems to facilitate the delivering of services. This investigation will use a case study methodology to highlight the design features which are important for systems to enable young people to self-manage their mental health. The investigation will also highlight the current information system challenges, to include challenges associated with service quality, provisioning, and scaling. This work will propose methods of meeting these challenges through improved design, service augmentation and automation, service quality, and through artificially intelligent inspired solutions. The results of this study will inform a framework for supporting youth mental health with intelligent and scalable web-enabled technologies to support an ever-growing user base.

Keywords: artificial intelligence, information systems, machine learning, youth mental health

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267 Space Debris: An Environmental Hazard

Authors: Anwesha Pathak

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Space law refers to all legal provisions that may regulate or apply to space travel, as well as to space-related activity. Although there is undoubtedly a core corpus of “space law,” rather than designating a conceptually distinct single kind of law, the phrase can be seen as a label applied to a bucket that includes a variety of different laws and regulations. Similar to ‘family law' or ‘environmental law' "space law" refers to a variety of laws that are identified by the subject matter they address rather than by the logical extension of a single legal concept. The word "space law" refers to the Law of Space, which can cover anything from the specifics of an insurance agreement for a specific space launch to the most general guidelines that direct state behaviour in space. Space debris, often referred to as space junk, space pollution, space waste, space trash, or space garbage, is a term used to describe abandoned human-made objects in space, primarily in Earth orbit. These include disused spacecraft, discarded launch vehicle stages, mission-related detritus, and fragmentation material from the destruction of disused rocket bodies and spacecraft, which is particularly prevalent in Earth orbit. Other types of space debris, besides abandoned human-made objects in orbit, include pieces left over from collisions, erosion, and disintegration, or even paint specks, solidified liquids ejected from spacecraft, and unburned components from solid rocket engines. The initial action of launching or using a spacecraft in near-Earth orbit imposes an external cost on others that is typically not taken into account or fully accounted for in the cost by the launcher or payload owner.

Keywords: space, outer space treaty, geostationary orbit, satellites, spacecrafts

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266 The Readiness of Bodies Corporate in South Africa for Third Generation Sectional Title Legislation: An Accountancy Perspective

Authors: Leandi Steenkamp

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After being in effect since the late 1970s, first generation sectional title legislation in South Africa was completely overhauled in recent years into what is now commonly referred to as third generation sectional title legislation. The original Sectional Titles Act was split into three separate statutes, namely the Sectional Titles Schemes Management Act No. 8 of 2011, the Sectional Titles Amendment Act No. 33 of 2013 and the Community Schemes Ombud Service Act No. 9 of 2011, with various Regulations detailing how the different acts should be applied in practice. Even though some of the changes effected by the new legislation is simply technical adjustments and replications of the original first generation legislation, the new acts introduce a number of significant changes that will have an effect on accountancy and financial management aspects of sectional title schemes in future. No academic research has been undertaken on third generation sectional title legislation in South Africa from an accountancy and financial management perspective as yet. The aim of this paper is threefold: Firstly, to discuss the findings of a literature review on the new third generation sectional title legislation, with specific reference to accountancy-related aspects. Secondly, the empirical findings of accountancy-related aspects from the results of a quantitative study on a sample of bodies corporate will be discussed. The sample of bodies corporate was selected from four different municipal areas in South Africa. Specific reference will be made to the readiness of bodies corporate regarding the provisions of the new legislation. Thirdly, practical recommendations will be made on how bodies corporate can prepare for the new legislative aspects, and further research opportunities in this regard will be discussed.

Keywords: accountancy, body corporate, sectional title, third generation sectional title legislation

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265 Whether Buffer Zone Community Forests’ Benefits Are Distributed Fairly to Low-Income Users: Reflection From the Buffer Zone Community Forests in Bardia National Park, Nepal

Authors: Keshav Raj Acharya, Thakur Silwal, Neelam C. Poudyal

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Buffer zones, the peripheral areas around the national parks and wildlife reserves, are available for the purpose of benefitting the local inhabitants by providing forest products for subsistence needs of basic forest products outside the protected areas. The forest area within the buffer zone has been managed as a buffer zone community forest (BZCF) for the last 25 years after the approval of the buffer zone management regulation 1996. With a case study of select BZCF in Bardia National Park, this study aims to analyze whether the benefit provided by BZCF is equally available to poor users among other socioeconomic classes of the users. The findings are based on the analysis of cross-sectional data involving household surveys (n=305) and key informants’ interviews (n=10) as well as office records available at different 5 buffer zone community forest user groups offices. Results indicate that despite the provisions of subsidized rates for poor; poor households were more deprived due to higher forest products price particularly, the timber price in buffer zone. Evidence also indicate that due to the increased forest coverage, the incidence of wildlife damage has also increased and impacted the poor more due to lack of land ownership as well as limited alternatives. Clear community forest management guidelines with equitable benefit sharing and compensatory mechanisms to the users of poor socioeconomic class have been identified as a solution to increase the benefit to poor users in BZCFUGs.

Keywords: crop depredation, forest products, users, wellbeing ranking

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264 Key Challenges Facing the Management of Archaeological and Tourism Sites in Jordan

Authors: Muna Slehat

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Jordan is endowed with over 14,500 productive archaeological sites and also a wealth of heritage sites that need to be protected from the pressing threat of destruction and damage. Archaeological sites in Jordan face significant threats, including insensitive development, urbanization, pollution, tourism, and vandalism, therefore an effective management plan is a key element, not only for the conservation of this heritage, but also to address issues such as tourism and sustainable development. This study highlights the obstacles that confront the management of the archaeological and tourism sites in Jordan, prior to and after the launch of the Strategies for Management of Jordan’s Archaeological Heritage by the Department of Antiquities (DoA) 2007-2010 and 2014-2018, as well as the establishment of the Directorate of the Management of Archaeological Sites in 2010, and instructions for the proper use of tourism sites, 2014, by the Ministry of Tourism and Antiquities (MoTA). The study has revealed that the management of the archaeological and tourism sites under the pretext of improvement of services for tourists and visitors to Jordan would allow access to so-called polarization tourism and facilitate tourism development that would be sustainable economically and provide attractive returns. The data required have been collected through conducting interviews with 18 specialists. The main findings of the study are that management is new in Jordan, and has become a vital and dynamic force in Jordan after 2000 but that there have also been many mistakes, with sustainability of the sites being ignored and a lack of awareness among local communities surrounding these sites. Management of the sites has also suffered from a lack of organizational vision, with no instructions for practical application and no legislative provisions which cater for the efficient management of the sites. All of this needs to be amended to remove gaps, overlaps and ambiguities, so that the authorities responsible for the rehabilitation and promotion, development and management of these sites can overcome the problems, such as lack of human resources (specialists) and financial resources.

Keywords: Jordan, management, archaeological sites, tourism, challenges

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263 Planning for Brownfield Regeneration in Malaysia: An Integrated Approach in Creating Sustainable Ex-Landfill Redevelopment

Authors: Mazifah Simis, Azahan Awang, Kadir Arifin

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The brownfield regeneration is being implemented in developped countries. However, as a group 1 developing country in the South East Asia, the rapid development and increasing number of urban population in Malaysia have urged the needs to incorporate the brownfield regeneration into its physical planning development. The increasing number of urban ex-landfills is seen as a new resource that could overcome the issues of inadequate urban green space provisions. With regards to the new development approach in urban planning, this perception study aims to identify the sustainable planning approach based on what the stakeholders have in mind. Respondents consist of 375 local communities within four urban ex-landfill areas and 61 landscape architect and town planner officers in the Malaysian Local Authorities. Three main objectives are set to be achieved, which are (i) to identify ex-landfill issues that need to be overcome prior to the ex-landfill redevelopment (ii) to identify the most suitable types of ex-landfill redevelopment, and (iii) to identify the priority function for ex-landfill redevelopment as the public parks. From the data gathered through the survey method, the order of priorities based on stakeholders' perception was produced. The results show different perception among the stakeholders, but they agreed to the development of the public park as the main development. Hence, this study attempts to produce an integrated approach as a model for sustainable ex-landfill redevelopment that could be accepted by the stakeholders as a beneficial future development that could change the image of 296 ex-landfills in Malaysia into the urban public parks by the year 2020.

Keywords: brownfield regeneration, ex-landfill redevelopment, integrated approach, stakeholders' perception

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262 Modification of the Risk for Incident Cancer with Changes in the Metabolic Syndrome Status: A Prospective Cohort Study in Taiwan

Authors: Yung-Feng Yen, Yun-Ju Lai

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Background: Metabolic syndrome (MetS) is reversible; however, the effect of changes in MetS status on the risk of incident cancer has not been extensively studied. We aimed to investigate the effects of changes in MetS status on incident cancer risk. Methods: This prospective, longitudinal study used data from Taiwan’s MJ cohort of 157,915 adults recruited from 2002–2016 who had repeated MetS measurements 5.2 (±3.5) years apart and were followed up for the new onset of cancer over 8.2 (±4.5) years. A new diagnosis of incident cancer in study individuals was confirmed by their pathohistological reports. The participants’ MetS status included MetS-free (n=119,331), MetS-developed (n=14,272), MetS-recovered (n=7,914), and MetS-persistent (n=16,398). We used the Fine-Gray sub-distribution method, with death as the competing risk, to determine the association between MetS changes and the risk of incident cancer. Results: During the follow-up period, 7,486 individuals had new development of cancer. Compared with the MetS-free group, MetS-persistent individuals had a significantly higher risk of incident cancer (adjusted hazard ratio [aHR], 1.10; 95% confidence interval [CI], 1.03-1.18). Considering the effect of dynamic changes in MetS status on the risk of specific cancer types, MetS persistence was significantly associated with a higher risk of incident colon and rectum, kidney, pancreas, uterus, and thyroid cancer. The risk of kidney, uterus, and thyroid cancer in MetS-recovered individuals was higher than in those who remained MetS but lower than MetS-persistent individuals. Conclusions: Persistent MetS is associated with a higher risk of incident cancer, and recovery from MetS may reduce the risk. The findings of our study suggest that it is imperative for individuals with pre-existing MetS to seek treatment for this condition to reduce the cancer risk.

Keywords: metabolic syndrome change, cancer, risk factor, cohort study

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261 Financial Markets Integration between Morocco and France: Implications on International Portfolio Diversification

Authors: Abdelmounaim Lahrech, Hajar Bousfiha

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This paper examines equity market integration between Morocco and France and its consequent implications on international portfolio diversification. In the absence of stock market linkages, Morocco can act as a diversification destination to European investors, allowing higher returns at a comparable level of risk in developed markets. In contrast, this attractiveness is limited if both financial markets show significant linkage. The research empirically measures financial market’s integration in by capturing the conditional correlation between the two markets using the Generalized Autoregressive Conditionally Heteroscedastic (GARCH) model. Then, the research uses the Dynamic Conditional Correlation (DCC) model of Engle (2002) to track the correlations. The research findings show that there is no important increase over the years in the correlation between the Moroccan and the French equity markets, even though France is considered Morocco’s first trading partner. Failing to prove evidence of the stock index linkage between the two countries, the volatility series of each market were assumed to change over time separately. Yet, the study reveals that despite the important historical and economic linkages between Morocco and France, there is no evidence that equity markets follow. The small correlations and their stationarity over time show that over the 10 years studied, correlations were fluctuating around a stable mean with no significant change at their level. Different explanations can be attributed to the absence of market linkage between the two equity markets.

Keywords: equity market linkage, DCC GARCH, international portfolio diversification, Morocco, France

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260 The Research of Students Internet in Choosing the Technical and Professional Course in Izeh: Educational Year 2001-2002

Authors: Seyyed Kavous Abbasi

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Technical and professional branch is a subcategory of high school educational system. It deals with the programs which have been designed for the promotion of applied science and necessary skill and growth of potential talents in students. The purpose of performance of this branch is preparing of preponderance of in police in different section of industries and service. The aim of this research is the survey of group relation family, economic, educational and individual factors and the student's tendency toward technical professional courses. The method of the study is descriptive survey. 195 subjects were chosen randomly from all the male and female students of technical and professional school in Izeh. Instrument for this research was research-made questionnaire consisting of 22 questions on the base of likers spectrum. The reliability of this questionnaire has been estimated 0.8. Analyses of research data has been performed in two levels of descriptive and inferential statistics. Analyses of data has shown that the family factors with average of 3.12, individual factors 3.95, economic factors 3.92 and educational factors 3.57 more than middle level have more effects , in comparison with the factor of group relation with average of 2.79 less than average level in tendency the technical and professional course . Comparison of effective factors in tendency to technical and professional course has shown that individual factors had the most effects and the group relation factors had the least effects. Comparison between male and female subject's ideas showed that there is a different between their ideas about economics and family factors.

Keywords: high school, relation family, individual factors, analysis interest

Procedia PDF Downloads 247
259 Progress of Legislation in Post-Colonial, Post-Communist and Socialist Countries for the Intellectual Property Protection of the Autonomous Output of Artificial Intelligence

Authors: Ammar Younas

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This paper is an attempt to explore the legal progression in procedural laws related to “intellectual property protection for the autonomous output of artificial intelligence” in Post-Colonial, Post-Communist and Socialist Countries. An in-depth study of legal progression in Pakistan (Common Law), Uzbekistan (Post-Soviet Civil Law) and China (Socialist Law) has been conducted. A holistic attempt has been made to explore that how the ideological context of the legal systems can impact, not only on substantive components but on the procedural components of the formal laws related to IP Protection of autonomous output of Artificial Intelligence. Moreover, we have tried to shed a light on the prospective IP laws and AI Policy in the countries, which are planning to incorporate the concept of “Digital Personality” in their legal systems. This paper will also address the question: “How far IP of autonomous output of AI can be protected with the introduction of “Non-Human Legal Personality” in legislation?” By using the examples of China, Pakistan and Uzbekistan, a case has been built to highlight the legal progression in General Provisions of Civil Law, Artificial Intelligence Policy of the country and Intellectual Property laws. We have used a range of multi-disciplinary concepts and examined them on the bases of three criteria: accuracy of legal/philosophical presumption, applying to the real time situations and testing on rational falsification tests. It has been observed that the procedural laws are designed in a way that they can be seen correlating with the ideological contexts of these countries.

Keywords: intellectual property, artificial intelligence, digital personality, legal progression

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258 Reliability Based Analysis of Multi-Lane Reinforced Concrete Slab Bridges

Authors: Ali Mahmoud, Shadi Najjar, Mounir Mabsout, Kassim Tarhini

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Empirical expressions for estimating the wheel load distribution and live-load bending moment are typically specified in highway bridge codes such as the AASHTO procedures. The purpose of this paper is to analyze the reliability levels that are inherent in reinforced concrete slab bridges that are designed based on the simplified empirical live load equations in the AASHTO LRFD procedures. To achieve this objective, bridges with multi-lanes (three and four lanes) and different spans are modeled using finite-element analysis (FEA) subjected to HS20 truck loading, tandem loading, and standard lane loading per AASHTO LRFD procedures. The FEA results are compared with the AASHTO LRFD moments in order to quantify the biases that might result from the simplifying assumptions adopted in AASHTO. A reliability analysis is conducted to quantify the reliability index for bridges designed using AASHTO procedures. To reach a consistent level of safety for three- and four-lane bridges, following a previous study restricted to one- and two-lane bridges, the live load factor in the design equation proposed by AASHTO LRFD will be assessed and revised if needed by alternating the live load factor for these lanes. The results will provide structural engineers with more consistent provisions to design concrete slab bridges or evaluate the load-carrying capacity of existing bridges.

Keywords: reliability analysis of concrete bridges, finite element modeling, reliability analysis, reinforced concrete bridge design, load carrying capacity

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257 Study of Expatriation as Countermeasure to Citizenship-Based Taxation

Authors: Gabriele Palumbo

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This research empirically examines some of the reasons behind the fact that recently the number of people giving up their American citizenship for tax purposes has recently increased drastically. The United States Jurisdiction represents a unicum in the practice of taxing worldwide income not only to residents of the United States but also to U.S. citizens living abroad. The worldwide income taxation also affects people defined as “Accidental Americans” who are unaware that they are U.S. citizens. Those people are considered Americans even though they have not been to the United States. American residents abroad can rely on United States income tax treaties and some national law provisions, such as the exclusion of foreign income and foreign tax credits, which are designed specifically to avoid double taxation. However, this mechanism may prove unsatisfactory for people who have not been linked anymore or individuals who have never had relations with the United States. U.S. citizens who are determined to cut all of the ties between themselves and the United States, especially those that involve tax implications, can renounce their U.S. citizenship with the expatriation procedure. The expatriation process represents the extrema ratio and implicates several steps which must be followed carefully. This paper shows the complexity of the procedure that a U.S. citizen who is resident in a foreign country would have to follow to relinquish U.S. citizenship for tax purposes. The mechanism is intended to discourage people from renounce. Going beyond the question of whether U.S. tax regulation is fair or not, this principle nowadays characterizes a popular topic that many scholars and lawyers are discussing. The outcome provides interesting implications that could induce the Congress to rethink the definition of citizenship for both fiscal and nationality law purposes. Indeed, even if a sort of checks and balances has the task of mitigating the renunciation of U.S. citizenship, more and more U.S. citizens desire to get rid of their citizenship.

Keywords: double taxation, expatriation tax, international taxation, relinquishment of United States citizenship

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256 Analysis of Maize Yield under Climate Change, Adaptations in Varieties and Planting Date in Northeast China in Recent Thirty Years

Authors: Zhan Fengmei Yao, Hui Li, Jiahua Zhang

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The Northeast China (NEC) was the most important agriculture areas and known as the Golden-Maize-Belt. Based on observed crop data and crop model, we design four simulating experiments and separate relative impacts and contribution under climate change, planting date shift, and varieties change as well change of varieties and planting date. Without planting date and varieties change, maize yields had no significant change trend at Hailun station located in the north of NEC, and presented significant decrease by 0.2-0.4 t/10a at two stations, which located in the middle and the south of NEC. With planting date change, yields showed a significant increase by 0.09 - 0.47 t/10a. With varieties change, maize yields had significant increase by 1.8~ 1.9 t/10a at Hailun and Huadian stations, but a non-significant and low increase by 0.2t /10a at Benxi located in the south of NEC. With change of varieties and planting date, yields presented a significant increasing by 0.53-2.0 t/10a. Their contribution to yields was -25% ~ -55% for climate change, 15% ~ 35% for planting date change, and 20% ~110% for varieties change as well 30% ~135% for varieties with planting date shift. It found that change in varieties and planting date were highest yields and were responsible for significant increases in maize yields, varieties was secondly, and planting date was thirdly. It found that adaptation in varieties and planting date greatly improved maize yields, and increased yields annual variability. The increase of contribution with planting date and varieties change in 2000s was lower than in 1990s. Yields with the varieties change and yields with planting date and varieties change all showed a decreasing trend at Huadian and Benxi since 2002 or so. It indicated that maize yields increasing trend stagnated in the middle and south of NEC, and continued in the north of NEC.

Keywords: climate change, maize yields, varieties, planting date, impacts

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255 Evaluating the Impact of Landscape Values Associated With the Landscape Developemnt Approach of Neighbourhood Gardens; In Tier Two Cities of India; On Users’ Perception Towards the Space. Case: City of Nashik, Maharashtra, India

Authors: Anandi Anant Lale, Pooja Sadananda Patil

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Neighbourhood gardens (NGs), in the rapidly growing tier two cities of India, play a pivotal role in maintaining and enhancing the quality of life of the dwellers in terms of mental, physical and socio- cultural well-being. They are the breathing areas which avail the opportunity of accessing nature while being in the close proximity of modern infrastructural provisions of the neighbourhood. In this article, the landscape values (viz. Cultural, Functional, Environmental and Perceptual) associated with the landscape development approach of neighbourhood gardens in the city of Nashik; one of the major tier two cities of Maharashtra; India, are studied through physical survey of selected NGs and the respective neighborhoods. Contextual study of the selected neighbourhood with the emphasis on dwellers' response in terms of physical as well as mental associations with the NGs is recorded through visitors' interviews. Analysis of interrelation of the landscape values and the users' response to the NGs revealed that each landscape value associated with the landscape development approach, has impact of diverse intensity on the users' perception, in different neighbourhoods. Contextual needs of selected neighbourhoods govern the user's perception towards the respective NGs and eventually define the role of landscape value/s associated with the landscape development approach of NG in deciding the competence of the space. The findings of the study can form the basis to redefine the landscape development approach for the future NGs in tier two cities of India that will justify the contextual needs of every neighbourhood through the emphasis of landscape values.

Keywords: neighbourhood garden, landscape value, user’s perception, context, landscape development

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254 A Fact-Finding Analysis on the Expulsions Made under Title 42 in Us

Authors: Avi Shrivastava

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Title 42, an emergency health decree, has forced the federal authorities to turn away asylum seekers and all other border crossers since last year. When Title 42 was first deployed in immigration detention centers, where many migrants are held when they arrive at the U.S.-Mexico border, the Trump administration embraced it as a strategy. Expulsions Policy and New Border Challenges will be examined in regard to Title 42 concerns. Humanitarian measures for refugees arriving at the US-Mexico border are the focus of this article. To a large extent, this article addresses the implications of the United States' use of Title 42 in expelling refugees and the possible ramifications of doing away with it. A secondary data collecting strategy was used to gather the information for this study, allowing researchers to examine a large number of previously collected data sets. Information about Title 42 may be found in a variety of places, such as scholarly publications, newspapers, books, and the internet. The inquiry employed qualitative and explanatory research approaches. The claim that 1.7 million individuals were forced to leave the country as a result of it was withdrawn. Since CBP and ICE were limited in their ability to process deportees, it employed a very random patchwork technique in selecting the expelled individuals. As a consequence, repeat offenders, particularly those who were single, got a reduced punishment. The government will be compelled to focus on long-overdue but vital border enhancements if expulsions are halted. Title 42 provisions may help expedite the processing of asylum and other types of humanitarian relief. The government is prepared for an increase in arrivals, but ending the program would lead to a return to arrival levels seen during the Title 42 period.

Keywords: migrants, refugees, title 42, medical, trump administration

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253 Border Control and Human Rights Violations: Lessons Learned from the United States and Potential Solutions for the European Union

Authors: María Elena Menéndez Ibáñez

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After the terrorist attacks of 9/11, new measures were adopted by powerful countries and regions like the United States and the European Union in order to safeguard their security. In 2002, the US created the Department of Homeland Security with one sole objective; to protect American soil and people. The US adopted new policies that made every immigrant a potential terrorist and a threat to their national security. Stronger border control became one of the key elements of the fight against organized crime and terrorism. The main objective of this paper is to compare some of the most important and radical measures adopted by the US, even those that resulted in systematic violations of human rights, with some of the European measures adopted after the 2015 Paris attacks of 2015, such as unlawful detainment of prisoners and other measures against foreigners. Through the Schengen agreement, the European Union has tried to eliminate tariffs and border controls, in order to guarantee successful economic growth. Terrorists have taken advantage of this and have made the region vulnerable to attacks. Authorities need to strengthen their surveillance methods in order to safeguard the region and its stability. Through qualitative methods applied to social sciences, this research will also try to explain why some of the mechanisms proven to be useful in the US would not be so in Europe, especially because they would result in human rights violations. Finally, solutions will be offered that would not put the whole Schengen Agreement at risk. Europe cannot reinstate border control, without making individuals vulnerable to human rights violations.

Keywords: border control, immigration, international cooperation, national security

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252 The Effects of Changes in Accounting Standards on Loan Loss Provisions (LLP) as Earnings Management Device: Evidence from Malaysia and Nigeria Banks (Part I)

Authors: Ugbede Onalo, Mohd Lizam, Ahmad Kaseri

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In view of dearth of studies on changes in accounting standards and banks’ earnings management particularly in the context of emerging economies, and the recent Malaysia and Nigeria change from their respective local GAAP to IFRS, this study deemed it overwhelming to investigate the effects of the switch on banks’ earnings management focusing on LLP as the manipulative device. This study employed judgmental sampling to select twenty eight banks- eight Malaysia and twenty Nigeria banks as sample covering period 2008-2013. To provide an empirical research setting in pursuant of the objective of this study, the study period is further partitioned into pre (2008, 2009, 2010) and post (2011, 2012, 2013) IFRS adoption periods. This study consistent with previous studies models a LLP regression model to investigate specific discretionary accruals of banks. Findings suggest that Malaysia and Nigeria banks individually use LLP to manage reported earnings more prior to IFRS implementation. Comparative overall results evidenced that the pre IFRS adoption or domestic GAAP era for both Malaysia and Nigeria sample banks is associated with higher prevalent earnings management through LLP than the corresponding post IFRS adoption era in diverse magnitude but in favour of Malaysia banks for both periods. With results demonstrating that IFRS adoption is linked to lower earnings management via LLP, this study therefore recommends the global adoption of IFRS as reporting framework. This study also endorses that Nigeria banks embrace and borrow a leaf from Malaysia banks good corporate governance practices.

Keywords: accounting standards, IFRS, FRS, SAS, LLP, earnings management

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251 Reinforced Concrete Foundation for Turbine Generators

Authors: Siddhartha Bhattacharya

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Steam Turbine-Generators (STG) and Combustion Turbine-Generator (CTG) are used in almost all modern petrochemical, LNG plants and power plant facilities. The reinforced concrete table top foundations are required to support these high speed rotating heavy machineries and is one of the most critical and challenging structures on any industrial project. The paper illustrates through a practical example, the step by step procedure adopted in designing a table top foundation supported on piles for a steam turbine generator with operating speed of 60 Hz. Finite element model of a table top foundation is generated in ANSYS. Piles are modeled as springs-damper elements (COMBIN14). Basic loads are adopted in analysis and design of the foundation based on the vendor requirements, industry standards, and relevant ASCE & ACI codal provisions. Static serviceability checks are performed with the help of Misalignment Tolerance Matrix (MTM) method in which the percentage of misalignment at a given bearing due to displacement at another bearing is calculated and kept within the stipulated criteria by the vendor so that the machine rotor can sustain the stresses developed due to this misalignment. Dynamic serviceability checks are performed through modal and forced vibration analysis where the foundation is checked for resonance and allowable amplitudes, as stipulated by the machine manufacturer. Reinforced concrete design of the foundation is performed by calculating the axial force, bending moment and shear at each of the critical sections. These values are calculated through area integral of the element stresses at these critical locations. Design is done as per ACI 318-05.

Keywords: steam turbine generator foundation, finite element, static analysis, dynamic analysis

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250 Ifrs Adoption, Enforcement, and the Value Relevant of Accounting Amounts: The Particular Case of South Africa

Authors: Edward Chamisa, Colin C. Smith, Hamutyinei H. Pamburai, Abdul C. Abdulla

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South Africa (SA) adopted International Financial Reporting Standards (IFRS) for listed firms effective 1 January 2005. However, it was not until 2011 that substantial financial reporting enforcement changes were introduced, which were meant to ensure compliance with IFRS. This innovative setting allows us to examine the value relevance of accounting amounts during the (1) pre-IFRS adoption period (2002-2004); (2) post-IFRS adoption, but pre-enforcement changes period (2006-2010); and (3) post-enforcement changes period (2011-2012). The results show that accounting amounts were most value relevant in the post-enforcement changes period (R2, 75.5%) compared to both the pre-IFRS adoption period (adjusted R2 is 24.3%) and the period after IFRS adoption but before enforcement changes (adjusted R2 is 37.5%). Also, during the 2008 financial crisis, the equity book value per share was significantly value relevant (at 1%) but not earnings per share, whereas before the crisis, the opposite was true. We make two important contributions to the literature. First, we identify SA as an innovative setting that allows researchers to examine separately the effects of IFRS adoption and enforcement changes on capital markets and accounting quality. This is a departure from prior studies that are dominated by the European Union setting, where IFRS adoption occurred contemporaneously with enforcement and other regulatory changes. Second, we provide preliminary findings which suggest that while the adoption of IFRS seems to have improved the financial reporting quality of accounting amounts of SA listed firms, its impact appears to be limited unless combined with effective enforcement.

Keywords: international financial reporting standards (ifrs), ifrs adoption, financial reporting enforcement, value relevance, price model, equity book value, earnings per share

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249 Agent-Based Modeling to Simulate the Dynamics of Health Insurance Markets

Authors: Haripriya Chakraborty

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The healthcare system in the United States is considered to be one of the most inefficient and expensive systems when compared to other developed countries. Consequently, there are persistent concerns regarding the overall functioning of this system. For instance, the large number of uninsured individuals and high premiums are pressing issues that are shown to have a negative effect on health outcomes with possible life-threatening consequences. The Affordable Care Act (ACA), which was signed into law in 2010, was aimed at improving some of these inefficiencies. This paper aims at providing a computational mechanism to examine some of these inefficiencies and the effects that policy proposals may have on reducing these inefficiencies. Agent-based modeling is an invaluable tool that provides a flexible framework to model complex systems. It can provide an important perspective into the nature of some interactions that occur and how the benefits of these interactions are allocated. In this paper, we propose a novel and versatile agent-based model with realistic assumptions to simulate the dynamics of a health insurance marketplace that contains a mixture of private and public insurers and individuals. We use this model to analyze the characteristics, motivations, payoffs, and strategies of these agents. In addition, we examine the effects of certain policies, including some of the provisions of the ACA, aimed at reducing the uninsured rate and the cost of premiums to move closer to a system that is more equitable and improves health outcomes for the general population. Our test results confirm the usefulness of our agent-based model in studying this complicated issue and suggest some implications for public policies aimed at healthcare reform.

Keywords: agent-based modeling, healthcare reform, insurance markets, public policy

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248 The Impact of Technology on Tourism, Hotels and Investments

Authors: Andrew Hany Wahba Anis

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Since Macau opened its door to international playing companies in 2002, Macau online casino lodge industry has been booming. Casino resorts are unique from the non-casino inns in the main income supply and services. The paper targets to analyze variations in personnel’ work stress and task pleasure throughout the online casino resorts and the non-casino resorts. through questionnaires, the paper investigates 200 personnel from casino resorts and two hundred personnel from non-casino inns. paintings strain and activity delight of employees in casino hotels and non-casino hotels are as compared. Statistic strategies together with descriptive statistics and one-way evaluation of variance (one-way ANOVA) are applied. The paper attempts to achieve the below aims: firstly, explore and examine the effect of gender, task function, marital status and fertility fame on personnel’ paintings strain and process delight. Secondly, explore the notion of work strain and activity pleasure throughout online casino motel and non-online casino resort employees. Thirdly, explore the relationship between paintings stress and process delight. The end result suggests there are not enormous differences in personnel’ work stress and task pleasure notion between unique genders, positions, marital situations and fertility conditions. The result confirms there are substantial variations in employees’ paintings pressure and task satisfaction perception between online casino and non-online casino employees. Furthermore, painting strain negatively affects job pride.

Keywords: strategic management, strategic tools, five-star hotels, resorts, downtown hotels

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247 Efficient Chess Board Representation: A Space-Efficient Protocol

Authors: Raghava Dhanya, Shashank S.

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This paper delves into the intersection of chess and computer science, specifically focusing on the efficient representation of chess game states. We propose two methods: the Static Method and the Dynamic Method, each offering unique advantages in terms of space efficiency and computational complexity. The Static Method aims to represent the game state using a fixedlength encoding, allocating 192 bits to capture the positions of all pieces on the board. This method introduces a protocol for ordering and encoding piece positions, ensuring efficient storage and retrieval. However, it faces challenges in representing pieces no longer in play. In contrast, the Dynamic Method adapts to the evolving game state by dynamically adjusting the encoding length based on the number of pieces in play. By incorporating Alive Bits for each piece kind, this method achieves greater flexibility and space efficiency. Additionally, it includes provisions for encoding additional game state information such as castling rights and en passant squares. Our findings demonstrate that the Dynamic Method offers superior space efficiency compared to traditional Forsyth-Edwards Notation (FEN), particularly as the game progresses and pieces are captured. However, it comes with increased complexity in encoding and decoding processes. In conclusion, this study provides insights into optimizing the representation of chess game states, offering potential applications in chess engines, game databases, and artificial intelligence research. The proposed methods offer a balance between space efficiency and computational overhead, paving the way for further advancements in the field.

Keywords: chess, optimisation, encoding, bit manipulation

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246 Evolving Paradigm of Right to Development in International Human Rights Law and Its Transformation into the National Legal System: Challenges and Responses in Pakistan

Authors: Naeem Ullah Khan, Kalsoom Khan

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No state can be progressive and prosperous in which a large number of people is deprived of their basic economic rights and freedoms. In the contemporary world of globalization, the right to development has gained a momentum force in the domain of International Development Law (IDL) and has integrated into the National Legal System (NLS) of the major developed states. The international experts on human rights argued that the right to development (RTD) is called a third-generation human right which tends to enhance the welfare and prosperity of individuals, and thus, it is a right to a process whose outcomes are human rights despite the controversy on the implications of RTD. In the Pakistan legal system, the RTD has not been expressly stated in the constitution of the Islamic Republic of Pakistan, 1973. However, there are some implied constitutional provisions which reflect the concept of RTD. The jurisprudence on RTD is still an evolving paradigm in the contextual perspective of Pakistan, and the superior court of diverse jurisdiction acts as a catalyst regarding the protection and enforcement of RTD in the interest of the public at large. However, the case law explores the positive inclination of the courts in Pakistan on RTD be incorporated as an express provision in the chapters of fundamental rights; in this scenario, the high court’s of Pakistan under Article 199 and the supreme court of Pakistan under Article 184(3) have exercised jurisdiction on the enforcement of RTD. This paper inter-alia examines the national dimensions of RTD from the standpoint of state practice in Pakistan and it analyzes the experience of judiciary in the protection and enforcement of RTD. Moreover, the paper highlights the social and cultural challenges to Pakistan in the implementation of RTD and possible solution to improve the conditions of human rights in Pakistan. This paper will also highlight the steps taken by Pakistan regarding the awareness, incorporation, and propagation of RTD at the national level.

Keywords: globalization, Pakistan, RTD, third-generation right

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245 The Contribution of the Lomé Charter to Combating Drugs Trafficking at Sea: Nigerian and South African Legal Perspectives

Authors: Obinna Emmanuel Nkomadu

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The sea attracts many criminal activities including drug trafficking. The illicit traffic in narcotic drugs and psychotropic substances by sea poses a serious threat to maritime security globally. The seizure of drugs, particularly, on the African continent is on the raise. In terms of Southern Africa, South Africa is a major transit point for Latin American drugs and South Africa is the largest market for illicit drugs entering the Southern African region. Nigeria and South Africa have taken a number of steps to address this scourge, but, despite those steps, drugs trafficking at sea continues. For that reason and to combat a number of other threats to maritime security around the continent, a substantial number of AU members in 2016 adopted the African Charter on Maritime Security and Safety and Development in Africa (“the Charter”). However, the Charter is yet to come into force due to the number of States required to accede or ratify the Charter. This paper set out the pre-existing international instruments on drugs, to ascertain the domestic laws of Nigeria and South Africa relating to drugs with the relevant provisions of the Lomé Charter in order to establish whether any legal steps are required to ensure that Nigeria and South Africa comply with its obligations under the Charter. Indeed, should Nigeria and South Africa decide to ratify it and should it come into force, both States must cooperate with other relevant States in establishing policies, as well as a regional and continental institutions, and ensure the implementation of such policies. The paper urged the States to urgently ratify the Charter as it is a step in the right direction in the prevention and repression of drugs trafficking on the African maritime domain.

Keywords: cooperation against drugs trafficking at sea, Lomé Charter, maritime security, Nigerian and South Africa legislation on drugs

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244 No Space for Subculture, No Space for Disruption: Taming Creativity in Urban Development Projects

Authors: Nadine Osbild

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Recent urban development projects often try to cater to both high-tech innovation/start-up culture and local culture/sustainable living. In the process, the so-called “creative class” (Florida 2002) has become a focal point for innovative answers to increasing urban pressures. Our paper explores local subculture and art scenes as a place where current innovation policies and alternative approaches to urban future-making collide. We explore the (re-)making of prevalent understanding of creativity in the context of Munich – an economically successful and over-saturated city with a relatively conservative approach to innovation and disruption and no apparent need for the “creative class” remedy. In particular, we investigate the opportunities and manifestations of subculture in three urban development projects that are envisioned as collaborations between innovators and (sub)culturally oriented creativity. Following a co-production STS approach, we observe that these development projects serve as sites where understandings of innovation and creativity are configured and stabilized in keeping with broader socio-political and economic rationalities. What is more, the projects materialize a de-facto split between the two understandings of a “creative scene,” whereby alternative and potentially disruptive forms of creativity become sidelined or even prevented in Munich’s imagination of urban development in the name of innovation and economic growth. Thus taming the unruliness of creativity, Munich also manages to tame the disruptive threats of innovation, ensuring that the innovation-centered modes of future-making still leave socio-economic hierarchies intact while displacing (counter-)visions rooted in the subculture.

Keywords: creative districts, science and technology studies, public engagement, innovation studies

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243 Public Debt Shocks and Public Goods Provisioning in Nigeria: Implication for National Development

Authors: Amenawo I. Offiong, Hodo B. Riman

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Public debt profile of Nigeria has continuously been on the increase over the years. The drop in international crude oil prices has further worsened revenue position of the country, thus, necessitating further acquisition of public debt to bridge the gap in revenue deficit. Yet, when we look back at the increasing public sector spending, there are concerns that the government spending do not amount to increase in public goods provided for the country. Using data from 1980 to 2014 the study therefore seeks to investigate the factors responsible for the poor provision of public goods in the face of increasing public debt profile. Using the unrestricted VAR model Governance and Tax revenue were introduced into the model as structural variables. The result suggested that governance and tax revenue were structural determinants of the effectiveness of public goods provisioning in Nigeria. The study therefore identified weak governance as the major reason for the non-provision of public goods in Nigeria. While tax revenue exerted positive influence on the provisions of public goods, weak/poor governance was observed to crowd the benefits from increase tax revenue. The study therefore recommends reappraisal of the governance system in Nigeria. Elected officers in governance should be more transparent and accountable to the electorates they represent. Furthermore, the study advocates for an annual auditing of all government MDAs accounts by external auditors to ensure (a) accountability of public debts utilization, (b) transparent in implementation of program support funds, (c) integrity of agencies responsible for program management, and (d) measuring program effectiveness with amount of funds expended.

Keywords: impulse response function, public debt shocks, governance, public goods, tax revenue, vector auto-regression

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242 Environmental Fatigue Analysis for Control Rod Drive Mechanisms Seal House

Authors: Xuejiao Shao, Jianguo Chen, Xiaolong Fu

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In this paper, the elastoplastic strain correction factor computed by software of ANSYS was modified, and the fatigue usage factor in air was also corrected considering in water under reactor operating condition. The fatigue of key parts on control rod drive mechanisms was analyzed considering the influence of environmental fatigue caused by the coolant in the react pressure vessel. The elastoplastic strain correction factor was modified by analyzing thermal and mechanical loads separately referring the rules of RCC-M 2002. The new elastoplastic strain correction factor Ke(mix) is computed to replace the original Ke computed by the software of ANSYS when evaluating the fatigue produced by thermal and mechanical loads together. Based on the Ke(mix) and the usage cycle and fatigue design curves, the new range of primary plus secondary stresses was evaluated to obtain the final fatigue usage factor. The results show that the precision of fatigue usage factor can be elevated by using modified Ke when the amplify of the primary and secondary stress is large to some extent. One approach has been proposed for incorporating the environmental effects considering the effects of reactor coolant environments on fatigue life in terms of an environmental correction factor Fen, which is the ratio of fatigue life in air at room. To incorporate environmental effects into the RCCM Code fatigue evaluations, the fatigue usage factor based on the current Code design curves is multiplied by the correction factor. The contribution of environmental effects to results is discussed. Fatigue life decreases logarithmically with decreasing strain rate below 10%/s, which is insensitive to strain rate when temperatures below 100°C.

Keywords: environmental fatigue, usage factor, elastoplastic strain correction factor, environmental correction

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241 The Relationship Between Soldiers’ Psychological Resilience, Leadership Style and Organisational Commitment

Authors: Rosita Kanapeckaite

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The modern operational military environment is a combination of factors such as change, uncertainty, complexity and ambiguity. Stiehm (2002) refers to such situations as VUCA situations. VUCA is an acronym commonly used to describe the volatility, uncertainty, complexity and ambiguity of various situations and conditions. Increasingly fast-paced military operations require military personnel to demonstrate readiness and resilience under stressful conditions in order to maintain the optimum cognitive and physical performance necessary to achieve success. Military resilience can be defined as the ability to cope with the negative effects of setbacks and associated stress on military performance and combat effectiveness. In the volatile, uncertain, complex and ambiguous modern operational environment, both current and future operations require and place a higher priority on enhancing and maintaining troop readiness and resilience to win decisively in multidimensional combat. This paper explores the phenomenon of soldiers' psychological resilience, theories of leadership, and commitment to the organisation. The aim of the study is to examine the relationship between soldiers' psychological resilience, leadership style and commitment to the organisation. The study involved 425 professional soldiers, the research method was a questionnaire survey. The instruments used were measures of psychological resilience, leadership styles and commitment to the organisation. Results: transformational leadership style predicts higher psychological resilience, and psychologically resilient professional servicemen are more committed to the organisation. The study confirms the importance of soldiers' psychological resilience for their commitment to the organisation. The paper also discusses practical applications.

Keywords: resilience, commitment, solders, leadership style

Procedia PDF Downloads 74