Search results for: legal framework for climate migrants
Commenced in January 2007
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Edition: International
Paper Count: 8672

Search results for: legal framework for climate migrants

8312 Learning about the Strengths and Weaknesses of Urban Climate Action Plans

Authors: Prince Dacosta Aboagye, Ayyoob Sharifi

Abstract:

Cities respond to climate concerns mainly through their climate action plans (CAPs). A comprehensive content analysis of the dynamics in existing urban CAPs is not well represented in the literature. This literature void presents a difficulty in appreciating the strengths and weaknesses of urban CAPs. Here, we perform a qualitative content analysis (QCA) on CAPs from 278 cities worldwide and use text-mining tools to map and visualize the relevant data. Our analysis showed a decline in the number of CAPs developed and published following the global COVID-19 lockdown period. Evidently, megacities are leading the deep decarbonisation agenda. We also observed a transition from developing mainly mitigation-focused CAPs pre-COP21 to both mitigation and adaptation CAPs. A lack of inclusiveness in local climate planning was common among European and North American cities. The evidence is a catalyst for understanding the trends in existing urban CAPs to shape future urban climate planning.

Keywords: urban, climate action plans, strengths, weaknesses

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8311 A Study of Sexual Violence on Women and Children in Hong Kong

Authors: Wing Hang Shelley Leung

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With the rise of the recent social movement, namely #MeToo, it shows that a lot of women and children in fact suffered from sexual abuse and some even suffered from child abuse, including in Hong Kong. In view of the ongoing social movements, this paper argues that we have to look beyond their impacts and understand the roots of the problem: what if the underlying cause of the recent social movements was the inherited values that were rooted in us since we were young, or the public’s lack of confidence in the legal system when it comes to this type of personal matters? What if the movements reveal the problematic issue of the lack of protection plans, either in the private or public sphere? If the legal system is presumed to not be able to preemptively protect everyone or effectively punish all perpetrators, can other pillars provide supports to fill in the loopholes of the legal system? This paper takes a theoretical approach to look into current sexuality education, the legal system in Hong Kong and the adoption of Asian values in society to argue that difficulties that are being placed onto victims in disclosing sexual violence they had experienced. Reviews of the current system and recent sexual assaults court cases for case studies allow the research to address the issues of victims’ experience including (a) their reactions to incidents; (b) issues they have in trials; (c) psychological impacts of the incidents; and (d) their understandings of gender equality before and after incidents. The study is significant because it criticises the current legal system in Hong Kong and provides insights to the public by explaining the dynamics between the problem, the legal system and the society. Also, it contributes to the ongoing research about the psychological impacts to victims in Hong Kong, especially how they are placed in a disadvantaged position in the legal system and society and even for their recovery. It contributes to the findings of how family structures, parental responsibilities and gender studies influence a child’s perception of gender equality in Hong Kong and hence their immediate reactions to incidents. To fully address the needs of victims, especially our younger generation, as well as to prevent future harm and to raise awareness, an inclusive framework which recognizes the needs of protecting and safeguarding women and children in the private sphere and a proper education for gender equality are needed.

Keywords: child abuse, children's rights, domestic violence, gender equality, Hong Kong, Me too, sexual violence, women's rights

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8310 Engaging the World Bank: Good Governance and Human Rights-Based Approaches

Authors: Lottie Lane

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It is habitually assumed and stated that the World Bank should engage and comply with international human rights standards. However, the basis for holding the Bank to such standards is unclear. Most advocates of the idea invoke aspects of international law to argue that the Bank has existing obligations to act in compliance with human rights standards. The Bank itself, however, does not appear to accept such arguments, despite having endorsed the importance of human rights for a considerable length of time. A substantial challenge is that under the current international human rights law framework, the World Bank is considered a non-state actor, and as such, has no direct human rights obligations. In the absence of clear legal duties for the Bank, it is necessary to look at the tools available beyond the international human rights framework to encourage the Bank to comply with human rights standards. This article critically examines several bases for arguing that the Bank should comply and engage with human rights through its policies and practices. Drawing on the Bank’s own ‘good governance’ approach as well as the United Nations’ ‘human rights-based-approach’ to development, a new basis is suggested. First, the relationship between the World Bank and human rights is examined. Three perspectives are considered: (1) the legal position – what the status of the World Bank is under international human rights law, and whether it can be said to have existing legal human rights obligations; (2) the Bank’s own official position – how the Bank envisages its relationship with and role in the protection of human rights; and (3) the relationship between the Bank’s policies and practices and human rights (including how its attitudes are reflected in its policies and how the Bank’s operations impact human rights enjoyment in practice). Here, the article focuses on two examples – the (revised) 2016 Environmental and Social Safeguard Policies and the 2012 case-study regarding Gambella, Ethiopia. Both examples are widely considered missed opportunities for the Bank to actively engage with human rights. The analysis shows that however much pressure is placed on the Bank to improve its human rights footprint, it is extremely reluctant to do so explicitly, and the legal bases available are insufficient for requiring concrete, ex ante action by the Bank. Instead, the Bank’s own ‘good governance’ approach to development – which it has been advocating since the 1990s – can be relied upon. ‘Good governance’ has been used and applied by many actors in many contexts, receiving numerous different definitions. This article argues that human rights protection can now be considered a crucial component of good governance, at least in the context of development. In doing so, the article explains the relationship and interdependence between the two concepts, and provides three rationales for the Bank to take a ‘human rights-based approach’ to good governance. Ultimately, this article seeks to look beyond international human rights law and take a governance approach to provide a convincing basis upon which to argue that the World Bank should comply with human rights standards.

Keywords: World Bank, international human rights law, good governance, human rights-based approach

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8309 The Implementation of Child Adoption as Legal Protection of Children

Authors: Sonny Dewi Judiasih

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The principle of a marriage is to achieve a happy and eternity family based on the willing of the God. The family has a fundamental role in the society as a social individual and as a nuclear family consists of father, mother, and children. Thus, each family always would like to have children who will continue the family. However, not all family will be blessed with children and consequently, there is family without children. Therefore, the said the certain family will do any effort to fulfill the wish to have children. One of the ways is to adopt children. The implementation of child adoption is conducted by the family who does not have children but sometimes child adoption is conducted by a family who has already children. The implementation of child adoption is based on the interest of the welfare and the intellectual of the said child. Moreover, it should be based on the social liability of the individual in accordance with the developing of the traditional values as part of the nation culture. The child adoption is conducted for the welfare of the child demonstrates that a change on the basic motive (value) whereby in the past the child adoption is to fulfill the wish of foster parent (to have children in the family). Nowadays the purpose of child adoption is not merely for the interest of foster parent but in particular for the interest, welfare and the future of the child. The development of the society has caused the occurrence of changes of perspective in the society which lead to a need for new law. The court of justice has an impact of such changes. It is evidenced by the court order for child adoption in the legal framework of certainty of law. The changes of motives (value) of the child adoption in the society can be fully understood in the event that the society fully understand that the ultimate purpose of Indonesia nation is to achieve a justice and prosperity society, i.e., social welfare for all Indonesian people.

Keywords: child adoption, family law, legal protection, children

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8308 Vine Growers' Climate Change Adaptation Strategies in Hungary

Authors: Gabor Kiraly

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Wine regions are based on equilibria between climate, soil, grape varieties, and farming expertise that define the special character and quality of local vine farming and wine production. Changes in climate conditions may increase risk of destabilizing this equilibrium. Adaptation decisions, including adjusting practices, processes and capitals in response to climate change stresses – may reduce this risk. However, farmers’ adaptive behavior are subject to a wide range of factors and forces such as links between climate change implications and production, farm - scale adaptive capacity and other external forces that might hinder them to make efficient response to climate change challenges. This paper will aim to study climate change adaptation practices and strategies of grape growers in a way of applying a complex and holistic approach involving theories, methods and tools both from environmental and social sciences. It will introduce the field of adaptation studies as an evidence - based discourse by presenting an overview of examples from wine regions where adaptation studies have already reached an advanced stage. This will serve as a theoretical background for a preliminary research with the aim to examine the feasibility and applicability of such a research approach in the Hungarian context.

Keywords: climate change, adaptation, viticulture, Hungary

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8307 Shariah Perspective on Legal Framework and Practice of Margin Financing in Pakistan

Authors: Anees Tahir

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Margin financing plays a significant role in Pakistan's stock market (PSX), offering investors the opportunity to maximize profits by borrowing funds from financiers to purchase marginable stocks. However, this financial practice raises several Shariah-related concerns. The study follows legal doctrinal research methodology. It explains and analyzes the law of margin financing prevailing in PSX and compares it with the principles of Shariah. It also examines and investigates the practices of margin financing from the perspective of Shariah. As part of the study, the researcher has conducted structured interviews with the Shariah advisors of the finance industry, academicians, market practitioners, and regulators. Thus, the study analyzes the findings of interviews. This article explores the legal framework and practice of margin financing in Pakistan from a Shariah perspective. The article investigates various issues relating to margin financing, including the fundamental concern of interest-based lending, which contravenes Islamic principles. It also highlights the problematic subject matter of margin financing, often involving non-Shariah compliant securities. Additionally, the article addresses the restriction on proprietary rights and the problematic element of speculation associated with margin financing. To provide a Shariah-compliant alternative, the Securities and Exchange Commission of Pakistan (SECP) introduced Murabahah Shares Financing (MSF) in 2019. However, the focus of the market is still on conventional margin financing. In the opinion of the researcher, the effective implementation of MSF is imperative because in the absence of such an alternative, the faith sensitive investor will remain deprived of a level playing field, and he is unable to get required financing opportunities through a halal and Shariah-compliant manner. This article argues that margin financing in its current form is incompatible with Shariah principles and should be discontinued. It is recommended that the SECP should gradually phase out the use of margin financing and increase reliance on MSF to provide faith-sensitive and committed investors with Shariah-compliant financing options.

Keywords: margin financing, marginable stocks, faith sensitive investor, Murabahah shares financing

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8306 Tracing the History of Indian Legal System Vis-A-Vis the Code of Hammurabi

Authors: Vandana Kumari

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One of the most ancient and detailed legal codes proclaimed the Babylonian King Hammurabi during his reign in the erstwhile Mesopotamian society, provides a fascinating account of the social and justice system of Babylon. The 282 laws intricately carved on eight feet black stone stela serve as an important source of contemporary commercial, family and criminals laws. This paper attempts an inquiry into the contemporary relevance of this legal code to our current legal system. An exhaustive study of one of ancient legal system based on a series of practical experiences rather than being founded on mere theoretical ideologies can be assumed pertinent to the promulgation of practically viable laws in our country. The first chapter of the paper focuses on law seven which established the rules of commerce and the role of government in overseeing justice and honesty regarding the law of property. The second chapter deals with the laws of family, marriages, divorce and adoption prevailing in the Babylonian era. The third chapter traces the earliest known history of criminal jurisprudence which impregnated the principle of an eye for an eye. The paper is not merely a theoretical account of the Mesopotamian way of living but a novice attempt to discover the roots of Indian laws in the ruins of the courtrooms of the Hammurabi Empire.

Keywords: Babylonian legal system, Contemporary relevance, criminal jurisprudence, Hammurabi Code

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8305 Assessment of the Impacts of Climate Change on Climatic Zones over the Korean Peninsula for Natural Disaster Management Information

Authors: Sejin Jung, Dongho Kang, Byungsik Kim

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Assessing the impact of climate change requires the use of a multi-model ensemble (MME) to quantify uncertainties between scenarios and produce downscaled outlines for simulation of climate under the influence of different factors, including topography. This study decreases climate change scenarios from the 13 global climate models (GCMs) to assess the impacts of future climate change. Unlike South Korea, North Korea lacks in studies using climate change scenarios of the CoupledModelIntercomparisonProject (CMIP5), and only recently did the country start the projection of extreme precipitation episodes. One of the main purposes of this study is to predict changes in the average climatic conditions of North Korea in the future. The result of comparing downscaled climate change scenarios with observation data for a reference period indicates high applicability of the Multi-Model Ensemble (MME). Furthermore, the study classifies climatic zones by applying the Köppen-Geiger climate classification system to the MME, which is validated for future precipitation and temperature. The result suggests that the continental climate (D) that covers the inland area for the reference climate is expected to shift into the temperate climate (C). The coefficient of variation (CVs) in the temperature ensemble is particularly low for the southern coast of the Korean peninsula, and accordingly, a high possibility of the shifting climatic zone of the coast is predicted. This research was supported by a grant (MOIS-DP-2015-05) of Disaster Prediction and Mitigation Technology Development Program funded by Ministry of Interior and Safety (MOIS, Korea).

Keywords: MME, North Korea, Koppen–Geiger, climatic zones, coefficient of variation, CV

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8304 Investigation of Surface Water Quality Intera-Annual Variations, Gorganroud Basin, Iran

Authors: K. Ebrahimi, S. Shahid, H. Dehban

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Climate variability can affect surface water quality. The objective of present study is to assess the impacts of climate variability on water quality of Gorganroud River, Iran, over the time period 1971 to 2011. To achieve this aim, climate variability and water quality variations were studied involving a newly developed drought index (MRDI) and hysteresis curves, respectively. The results show that climate variability significantly affected surface water quality over the time. The existence of yearly internal variation and hysteresis phenomenon for pH and EC parameters was observed. It was found that though drought affected pH considerably, it could not affect EC significantly.

Keywords: climate variability, hysteresis curves, multi drought index, water quality

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8303 Making Unorganized Social Groups Responsible for Climate Change: Structural Analysis

Authors: Vojtěch Svěrák

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Climate change ethics have recently shifted away from individualistic paradigms towards concepts of shared or collective responsibility. Despite this evolving trend, a noticeable gap remains: a lack of research exclusively addressing the moral responsibility of specific unorganized social groups. The primary objective of the article is to fill this gap. The article employs the structuralist methodological approach proposed by some feminist philosophers, utilizing structural analysis to explain the existence of social groups. The argument is made for the integration of this framework with the so-called forward-looking Social Connection Model (SCM) of responsibility, which ascribes responsibilities to individuals based on their participation in social structures. The article offers an extension of this model to justify the responsibility of unorganized social groups. The major finding of the study is that although members of unorganized groups are loosely connected, collectively they instantiate specific external social structures, share social positioning, and the notion of responsibility could be based on that. Specifically, if the structure produces harm or perpetuates injustices, and the group both benefits from and possesses the capacity to significantly influence the structure, a greater degree of responsibility should be attributed to the group as a whole. This thesis is applied and justified within the context of climate change, based on the asymmetrical positioning of different social groups. Climate change creates a triple inequality: in contribution, vulnerability, and mitigation. The study posits that different degrees of group responsibility could be drawn from these inequalities. Two social groups serve as a case study for the article: first, the Pakistan lower class, consisting of people living below the national poverty line, with a low greenhouse gas emissions rate, severe climate change-related vulnerability due to the lack of adaptation measures, and with very limited options to participate in the mitigation of climate change. Second, the so-called polluter elite, defined by members' investments in polluting companies and high-carbon lifestyles, thus with an interest in the continuation of structures leading to climate change. The first identified group cannot be held responsible for climate change, but their group interest lies in structural change and should be collectively maintained. On the other hand, the responsibility of the second identified group is significant and can be fulfilled by a justified demand for some political changes. The proposed approach of group responsibility is suggested to help navigate climate justice discourse and environmental policies, thus helping with the sustainability transition.

Keywords: collective responsibility, climate justice, climate change ethics, group responsibility, social ontology, structural analysis

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8302 Smart Production Planning: The Case of Aluminium Foundry

Authors: Samira Alvandi

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In the context of the circular economy, production planning aims to eliminate waste and emissions and maximize resource efficiency. Historically production planning is challenged through arrays of uncertainty and complexity arising from the interdependence and variability of products, processes, and systems. Manufacturers worldwide are facing new challenges in tackling various environmental issues such as climate change, resource depletion, and land degradation. In managing the inherited complexity and uncertainty and yet maintaining profitability, the manufacturing sector is in need of a holistic framework that supports energy efficiency and carbon emission reduction schemes. The proposed framework addresses the current challenges and integrates simulation modeling with optimization for finding optimal machine-job allocation to maximize throughput and total energy consumption while minimizing lead time. The aluminium refinery facility in western Sydney, Australia, is used as an exemplar to validate the proposed framework.

Keywords: smart production planning, simulation-optimisation, energy aware capacity planning, energy intensive industries

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8301 Highly Skilled Migrants Trapped in the Brain Waste: The Eastern European Graduates in the Western European Underemployment

Authors: Katalin Bándy

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The European emigration of highly educated immigrants draws attention to the problem of brain drain. Due to the Eastern European countries joining the EU and the opening of the Western European labour market the west-wards migration brisked up. By now another problem has been intensified correlated to migration: the migration of highly skilled workers related to brain waste tendencies. With some exceptions, educated immigrants from Eastern European countries are more likely to end up in unskilled jobs than residents. This paper is about to reveal the above-mentioned problems and this study is supported by the results of secondary pieces of research and the own survey made in the EU-15 among the Hungarian highly skilled (especially economics graduated) migrants, and it also examines the causes and in the focus there are the migrant motivations of the high-skilled young generation after the crisis.

Keywords: brain drain, brain waste, migration of highly-skilled, underemployment

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8300 International Trade, Food Security, and Climate Change in an Era of Liberal Trade

Authors: M. Barsa

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This paper argues that current liberal trade regimes have had the unfortunate effect of concentrating food production by area and by crop. While such hyper-specialization and standardization might be efficient under ordinary climate conditions, the increasing severity of climate shocks makes such a food production system especially vulnerable. Examining domestic US crop production, and the fact that similar patterns are evident worldwide, this paper explores the vulnerabilities of several major crops and suggests that the academic arguments surrounding increasing liberalization of trade are ill-suited to the climate challenges to come. Indeed, a case can be made that protectionist measures—especially by developing countries whose agricultural sectors are vulnerable to the cheap US and European exports—are increasingly necessary to scatter food production geographically and to retain a resilient diversity of crop varieties.

Keywords: climate change, crop resilience, diversity, international trade

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8299 Development of Researcher Knowledge in Mathematics Education: Towards a Confluence Framework

Authors: Igor Kontorovich, Rina Zazkis

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We present a framework of researcher knowledge ‎development in conducting a study in mathematics education. The key ‎components of the framework are: knowledge germane to conducting a ‎particular study, processes of knowledge accumulation, and catalyzing ‎filters that influence a researcher decision making. The components of ‎the framework originated from a confluence between constructs and ‎theories in Mathematics Education, Higher Education and Sociology. ‎Drawing on a self-reflective interview with a leading researcher in ‎mathematics education, professor Michèle Artigue, we illustrate how ‎the framework can be utilized in data analysis. Criteria for framework ‎evaluation are discussed. ‎

Keywords: community of practice, knowledge development, mathematics education research, researcher knowledge

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8298 Impact of Climate Shift on Rainfall and Temperature Trend in Eastern Ganga Canal Command

Authors: Radha Krishan, Deepak Khare, Bhaskar R. Nikam, Ayush Chandrakar

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Every irrigation project is planned considering long-term historical climatic conditions; however, the prompt climatic shift and change has come out with such circumstances which were inconceivable in the past. Considering this fact, scrutiny of rainfall and temperature trend has been carried out over the command area of Eastern Ganga Canal project for pre-climate shift period and post-climate shift periods in the present study. Non-parametric Mann-Kendall and Sen’s methods have been applied to study the trends in annual rainfall, seasonal rainfall, annual rainy day, monsoonal rainy days, average annual temperature and seasonal temperature. The results showed decreasing trend of 48.11 to 42.17 mm/decade in annual rainfall and 79.78 tSo 49.67 mm/decade in monsoon rainfall in pre-climate to post-climate shift periods, respectively. The decreasing trend of 1 to 4 days/decade has been observed in annual rainy days from pre-climate to post-climate shift period. Trends in temperature revealed that there were significant decreasing trends in annual (-0.03 ºC/yr), Kharif (-0.02 ºC/yr), Rabi (-0.04 ºC/yr) and summer (-0.02 ºC/yr) season temperature during pre-climate shift period, whereas the significant increasing trend (0.02 ºC/yr) has been observed in all the four parameters during post climate shift period. These results will help project managers in understanding the climate shift and lead them to develop alternative water management strategies.

Keywords: climate shift, rainfall trend, temperature trend, Mann-Kendall test, sen slope estimator, eastern Ganga canal command

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8297 Challenges of Climate Change on Agricultural Productivity in Sub-Saharan Africa

Authors: Mohammed Sale Abubakar, Kabir Omar, Mohammed Umar Abba

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The effects of climate change continue to ravage globe upsetting or even overturning the entire communities in its wake. It is therefore on the front burner of most global issues affecting the world today. Hardly any field of endeavor has escaped the manifestation of its effects. The effects of climate change on agricultural productivity calls for intense study because of the nexus between agriculture, global food security and provision of employment for the teaming population in sub-saharan Africa. This paper examines current challenges of climate change on agricultural productivity in this region. This challenge indicated that both long and short-term change in climate bring unpleasant repercussion on agricultural productivity as they manifest in the vulnerability of industrial work force. The paper also focused on the impact of agriculture and bio-environmental engineering as a separate entity that will help to fight these major challenges facing humanity currently associated with negative effects of climate change such as scarcity of water, declining agricultural yields, desert encroachment, and damage of coastal structures. Finally, a suggestion was put forward as an effort that should be directed towards mitigating the negative effects of climate change on our environment.

Keywords: climate change mitigation, desert encroachment, environment, global food security, greenhouse gases (GHGs)

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8296 Enhancing the Safety Climate and Reducing Violence against Staff in Closed Hospital Wards

Authors: Valerie Isaak

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This study examines the effectiveness of an intervention program aimed at enhancing a unit-level safety climate as a way to minimize the risk of employees being injured by patient violence. The intervention program conducted in maximum security units in one of the psychiatric hospitals in Israel included a three day workshop. Safety climate was examined before and after the implementation of the intervention. We also collected data regarding incidents involving patient violence. Six months after the intervention a significant improvement in employees’ perceptions regarding management’s commitment to safety were found as well as a marginally significant improvement in communication concerning safety issues. Our research shows that an intervention program aimed at enhancing a safety climate is associated with a decrease in the number of aggressive incidents. We conclude that such an intervention program is likely to return the sense of safety and reduce the scope of violence.

Keywords: violence, intervention, safety climate, performance, public sector

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8295 Considering Climate Change in Food Security: A Sociological Study Investigating the Modern Agricultural Practices and Food Security in Bangladesh

Authors: Hosen Tilat Mahal, Monir Hossain

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Despite being a food-sufficient country after revolutionary changes in agricultural inputs, Bangladesh still has food insecurity and undernutrition. This study examines the association between agricultural practices (as social practices) and food security concentrating on the potential impact of sociodemographic factors and climate change. Using data from the 2012 Bangladesh Integrated Household Survey (BIHS), this study shows how modifiedagricultural practices are strongly associated with climate change and different sociodemographic factors (land ownership, religion, gender, education, and occupation) subsequently affect the status of food security in Bangladesh. We used linear and logistic regression models to analyze the association between modified agricultural practices and food security. The findings indicate that socioeconomic statuses are significant predictors of determining agricultural practices in a society like Bangladesh and control food security at the household level. Moreover, climate change is adversely impactingeven the modified agricultural and food security association version. We conclude that agricultural practices must consider climate change while boosting food security. Therefore, future research should integrate climate change into the agriculture and food-related mitigation and resiliency models.

Keywords: food security, agricultural productivity, climate change, bangladesh

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8294 A Retrospective Study of the Effects of Xenophobia on South Africa-Nigeria Relations

Authors: O. Fayomi, F. Chidozie, C. Ayo

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The underlying causes of xenophobia are complex and varied. Xenophobia has to do with being contemptuous of that which is foreign, especially of strangers or of people from different countries or cultures. Unemployment and mounting poverty among South Africans at the bottom of the economic ladder have provoked fears of the competition that better educated and experienced migrants can represent. South Africa’s long track-record of violence as a means of protest and the targeting of foreigners in particular, and, the documented tensions over migration policy and the scale of repatriation serve a very good explanation for its xenophobia. It was clear that while most of the attacks were directed against foreign, primarily African, migrants, this was not the rule. Attacks were also noted against Chinese-speakers, Pakistani migrants as well as against South Africans from minority language groups (in the conflict areas). Settlements that have recently experienced the expression of ‘xenophobic’ violence have also been the site of violent and other forms of protest around other issues, most notably service delivery. The failure of government in service delivery was vexed on this form of xenophobia. Due to the increase in migration, this conflict is certainly not temporary in nature. Xenophobia manifests in different regions and communities with devastating effects on the affected nationals. Nigerians living in South Africa have been objects of severe attacks and assault as a result of this xenophobic attitude. It is against this background that this study seeks to investigate the xenophobic attacks against Nigerians in South Africa. The methodology is basically qualitative with the use of secondary sources such as books, journals, newspapers and internet sources.

Keywords: xenophobia, unemployment, poverty, Nigeria, South Africa

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8293 The Judiciary as Pacemaker? Considering the Role of Courts in an Expansion of Protection for War Refugees and People Fleeing Natural Disasters

Authors: Charlotte Lülf

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Migration flows, resulting from war, climate change or economic crisis cannot be tackled by single states but need to be addressed as a transnational and international responsibility. The traditional architecture surrounding the work of the UNHCR and the 1951 Convention, however, is not equipped to deal with these challenges. Widely excluded from legal protection are people not individually persecuted for the statutory criteria, people that flee from the indiscriminate effects of an armed conflict as well as people fleeing natural disasters. With the lack of explicit legal protection and the political reluctance of nation states worldwide to extend their commitment in new asylum laws, the judiciary must be put in focus: it plays a unique role in interpreting and potentially expanding the application of existing regulations. This paper as part of an ongoing Ph.D. Project deals with the current and partly contradicting approaches to the protection of war- and climate refugees. Changing jurisprudential practice of national and regional courts will be assessed, as will be their dialogue to interpret the international obligations of human rights law, migration laws, and asylum laws in an interacting world. In recent judgments refoulment to an armed conflict as well as countries without adequate disaster relief or health care was argued as violating fundamental human and asylum law rights and therefore prohibited – even for applicants without refugee status: The first step towards access to subsidiary protection could herewith be established. Can one observe similar developments in other parts of the world? This paper will evaluate the role of the judiciary to define, redefine and potentially expand protection for people seeking refuge from armed conflicts and natural disasters.

Keywords: human rights law, asylum-seekers, displacement, migration

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8292 Evaluation of the Factors Affecting Violence Against Women (Case Study: Couples Referring to Family Counseling Centers in Tehran)

Authors: Hassan Manouchehri

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The present study aimed to identify and evaluate the factors affecting violence against women. The statistical population included all couples referring to family counseling centers in Tehran due to domestic violence during the past year. A number of 305 people were selected as a statistical sample using simple random sampling and Cochran's formula in unlimited conditions. A researcher-made questionnaire including 110 items was used for data collection. The face validity and content validity of the questionnaire were confirmed by 30 experts and its reliability was obtained above 0.7 for all studied variables in a preliminary test with 30 subjects and it was acceptable. In order to analyze the data, descriptive statistical methods were used with SPSS software version 22 and inferential statistics were used for modeling structural equations in Smart PLS software version 2. Evaluating the theoretical framework and domestic and foreign studies indicated that, in general, four main factors, including cultural and social factors, economic factors, legal factors, as well as medical factors, underlie violence against women. In addition, structural equation modeling findings indicated that cultural and social factors, economic factors, legal factors, and medical factors affect violence against women.

Keywords: violence against women, cultural and social factors, economic factors, legal factors, medical factors

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8291 Probing Scientific Literature Metadata in Search for Climate Services in African Cities

Authors: Zohra Mhedhbi, Meheret Gaston, Sinda Haoues-Jouve, Julia Hidalgo, Pierre Mazzega

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In the current context of climate change, supporting national and local stakeholders to make climate-smart decisions is necessary but still underdeveloped in many countries. To overcome this problem, the Global Frameworks for Climate Services (GFCS), implemented under the aegis of the United Nations in 2012, has initiated many programs in different countries. The GFCS contributes to the development of Climate Services, an instrument based on the production and transfer of scientific climate knowledge for specific users such as citizens, urban planning actors, or agricultural professionals. As cities concentrate on economic, social and environmental issues that make them more vulnerable to climate change, the New Urban Agenda (NUA), adopted at Habitat III in October 2016, highlights the importance of paying particular attention to disaster risk management, climate and environmental sustainability and urban resilience. In order to support the implementation of the NUA, the World Meteorological Organization (WMO) has identified the urban dimension as one of its priorities and has proposed a new tool, the Integrated Urban Services (IUS), for more sustainable and resilient cities. In the southern countries, there’s a lack of development of climate services, which can be partially explained by problems related to their economic financing. In addition, it is often difficult to make climate change a priority in urban planning, given the more traditional urban challenges these countries face, such as massive poverty, high population growth, etc. Climate services and Integrated Urban Services, particularly in African cities, are expected to contribute to the sustainable development of cities. These tools will help promoting the acquisition of meteorological and socio-ecological data on their transformations, encouraging coordination between national or local institutions providing various sectoral urban services, and should contribute to the achievement of the objectives defined by the United Nations Framework Convention on Climate Change (UNFCCC) or the Paris Agreement, and the Sustainable Development Goals. To assess the state of the art on these various points, the Web of Science metadatabase is queried. With a query combining the keywords "climate*" and "urban*", more than 24,000 articles are identified, source of more than 40,000 distinct keywords (but including synonyms and acronyms) which finely mesh the conceptual field of research. The occurrence of one or more names of the 514 African cities of more than 100,000 inhabitants or countries, reduces this base to a smaller corpus of about 1410 articles (2990 keywords). 41 countries and 136 African cities are cited. The lexicometric analysis of the metadata of the articles and the analysis of the structural indicators (various centralities) of the networks induced by the co-occurrence of expressions related more specifically to climate services show the development potential of these services, identify the gaps which remain to be filled for their implementation and allow to compare the diversity of national and regional situations with regard to these services.

Keywords: African cities, climate change, climate services, integrated urban services, lexicometry, networks, urban planning, web of science

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8290 Public Financial Management in Ghana: A Move beyond Reforms to Consolidation and Sustainability

Authors: Mohammed Sani Abdulai

Abstract:

Ghana’s Public Financial Management reforms have been going on for some two decades now (1997/98 to 2017/18). Given this long period of reforms, Ghana in 2019 is putting together both a Public Financial Management (PFM) strategy and a Ghana Integrated Financial Management Information System (GIFMIS) strategy for the next 5-years (2020-2024). The primary aim of these dual strategies is assisting the country in moving beyond reforms to consolidation and sustainability. In this paper we, first, examined the evolution of Ghana’s PFM reforms. We, secondly, reviewed the legal and institutional reforms undertaken to strengthen the country’s key PFM institutions. Thirdly, we summarized the strengths and weaknesses identified by the 2018 Public Expenditure and Financial Accountability (PEFA) assessment of Ghana’s PFM system relating to its macro-fiscal framework, budget preparation and approval, budget execution, accounting and fiscal reporting as well as external scrutiny and audit. We, finally, considered what the country should be doing to achieve its intended goal of PFM consolidation and sustainability. Using a qualitative method of review and analysis of existing documents, we, through this paper, brought to the fore the lessons that could be learnt by other developing countries from Ghana’s PFM reforms experiences. These lessons included the need to: (a) undergird any PFM reform with a comprehensive PFM reform strategy; (b) undertake a legal and institutional reforms of the key PFM institutions; (c) assess the strengths and weaknesses of those reforms using PFM performance evaluation tools such as PEFA framework; and (d) move beyond reforms to consolidation and sustainability.

Keywords: public financial management, public expenditure and financial accountability, reforms, consolidation, sustainability

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8289 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

Abstract:

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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8288 The Impact of Climate Change on the Spread of Potato Pests in Kazakhstan

Authors: R. Zh. Abdukerim, D. A. Absatarova, A. T. Aitbayeva, M. A. Askarova, S. T. Turuspekova, E. V. Zhunus

Abstract:

The resilience of agricultural systems at the global level to climate change and their ability to recover determines the prospects for food security on a global scale. Since climate change will lead to changes in temperatures, precipitation, weather conditions and mass outbreaks of harmful organisms. The issue of adaptation to climate change in the agricultural sector is one of the priorities of Kazakhstan's Development Strategy for the period up to 2050. Since Kazakhstan is an agroindustrial country in which agriculture plays an important economic role. Kazakhstan is the largest potato producer in Central Asia, accounting for about 60% of the total vegetable production, which determines the urgency of solving the problem of increasing yields and quality. The control harmful organisms plays an important role in solving this issue. Due to the fact that climate change can lead to an increase in the number of harmful organisms and, accordingly, to a complete loss of harvest.

Keywords: potato pests, Colorado potato beetle, soil pests, global climate change

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8287 A Review on the Necessities of Green Building in Bangladesh and Its Construction Process

Authors: Syeda Afsana Azad

Abstract:

Climate change, due to the release of greenhouse gases into the atmosphere has been recognized as one of the biggest threats to the present world. The condition of the earth is getting worse day by day due to climate change. Bangladesh is considered to be one of the most vulnerable countries to climate change due to large population, sharp urbanization, etc. Construction of green building is a very good solution to reduce the greenhouse effect. Green building technology refers to that kind of structures which are environmentally friendly and resource-efficient throughout a building’s service life. This technology can provide at least 50% energy saving opportunity to the nation. The necessity of the construction of structures in an environment-friendly way is increasing now. This study shows the scenario of rapid population growth, urbanization, necessity of green building in Bangladesh and also discusses the construction process of green building. As the present climate condition of Bangladesh is not friendly, construction of green building is very much needed. To battle climate change, it is mandatory to construct green building.

Keywords: Bangladesh, climate change, green building, green house effect

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8286 The Role of the Indonesian Armed Forces to Combat Terrorism Acts During the COVID 19 Pandemic Era

Authors: Aulia Rosa Nasution

Abstract:

This research aims to analyze the involvement of the Indonesian Armed Forces in overcoming terrorism acts under legal perspectives based on Acts No. 34 of 2004, which regulates the role and mechanism of the Indonesian Armed Forces in combating terrorism. The main question of this research is, firstly, the military authority in combating terrorism acts, secondly, the implementation of Acts Number 34/2000, and thirdly, law enforcement to combat terrorism under national and international law. The methodology of this research is juridical normative based on the legal instruments and legal principles, and international norms. The result of this study explains the involvement of the Indonesian Army in combating terrorism as a part of the nonmilitary operation which has been implemented in Indonesia as part of national defence and security.

Keywords: acts of terrorism, Indonesian armed forces, legal protection

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8285 Colonial Body: Historicizing the Becoming of the Kashmiri Body

Authors: Ain ul Khair

Abstract:

In this study, the author situates the formation of the Kashmiri body as colonized in the postcolonial society, on which India continues to execute and maintain colonial practices adopted and replicated from the Western colonial projects. This paper explores the formation of a Kashmiri body as a site of complete dehumanization, which has deliberately been politicized based on its religion, racialized because of its ethnic distinction, and consequently has been subjected to extreme forms of violence. This paper specifically looks at the creation of the Kashmiri colonized body through India’s colonial practices that are in continuity from the Western imperialist colonial projects through the historicization of the careful manufacturing of the Kashmiri colonial body through the lens of the political, legal, geographical, and demographic landscape of India’s colonial project. The paper looks at the framing of the colonial legal framework that informs the construction of the colonized Kashmiri body, drawing violence and religion at the center of it.

Keywords: historicization, colonial body, kashmir, india, pakistan, south asia, religion, political identity, politics, Mahmood Mamdani, Ann Stoler, Fanon

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8284 Restorative Justice to the Victims of Terrorism in the Criminal Justice System of India

Authors: Sumanta Meher, Gaurav Shukla

Abstract:

The torments of the victims of terrorism have not only confined to loss of life and limp but also includes the physiological trauma to the innocent victims. The physical wounds may heal, but the trauma remains in the mind and heart of the victims and their loved ones; however, one should not deny that these terrorist activities affect to a major extent to their livelihood. To protect their human rights and restore the shattered lives of the victims of terrorism all the Nations beyond their differences have to show solidarity and frame a comprehensive restorative policy with an effective implementing mechanism. The General Assembly of United Nations, through its several resolutions, has appealed Nations to show solidarity and also committed to helping the Members State to frame the law and policy to support the victims of terrorism. To achieve the objectives of the resolutions adopted by the United Nations, the Indian legislators in 2008 amended the Code of Criminal Procedure, 1973 and incorporated Section 357A to provide financial assistance to the victims of terrorism. In India, the contemporary developments in the victims’ oriented studies have increased the dimension of the traditional criminal justice systems to protect the rights of the victims. In this regard, the paper has ascertained the Indian legal framework in respect to the restorative justice to the victims of terrorism and also addressed the question as to whether the statutory provisions and enforcement mechanisms are efficient enough to protect the human rights of the victims of terrorism. For that purpose, the paper has analyzed the International instruments and the reports with regard to the compensation to the victims of terrorist attacks, with that, the article also evaluates the initiatives of United Nations to help Members State to frame the law and policies to support the victims of terrorism. The study also made an attempt to critically analyze the legal provisions of compensation and rehabilitation of the victims of terrorist attacks in India and whether they are in alignment with the International standards. While concluding, the paper has made an endeavor for a robust legal framework towards the restorative justice for the victims of terrorism in India.

Keywords: victims of terrorism, restorative justice, human rights, criminal justice system of India

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8283 Sustainable Project Management Necessarily Implemented in the Chinese Wine Market Due to Climate Variation

Authors: Ruixin Zhang, Joel Carboni, Songchenchen Gong

Abstract:

Since the Sustainable Development Goals (SDGs) officially became the 17 development goals set by the United Nations in 2015, it has become an inevitable trend in project management development globally. Since Sustainability and glob-alization are the main focus and trends in the 21st century, project management contains system-based optimization, and or-ganizational humanities, environmental protection, and economic development. As a populous country globally, with the advanced development of economy and technology, China becomes one of the biggest markets in the wine industry. However, the develop-ment of society also brings specific environmental issues. Climate changes have already brought severe impacts on the Chinese wine market, including consumer behavior, wine production activities, and organizational humanities. Therefore, the implementation of sustainable project management in Chinese wine market is essential. Surveys based analysis is the primary method to interpret how the climate variation effect the Chinese wine market and the importance of sustainable project management implementation for green market growth in China. This paper proposes the CWW Conceptual model that can be used in the wine industry, the new 7 Drivers Model, and SPM Framework to interpret the main drivers that impact project management implementation in the wine industry and to offer the directions to wine companies in China which would help them to achieve the green growth.

Keywords: project management, sustainability, green growth, climate changes, Chinese wine market

Procedia PDF Downloads 105