Search results for: legal change

Authors: Lin Tang, Xiaoxia Guo, Lingling Zhang

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Recent vaccine scandals overshadowed China’s accomplishment of public health, triggering discussions on the causes of vaccine incidents. Through legal interpretation of selected vaccine incidents and analysis of systemic vulnerabilities in vaccine circulation and lot release, a panoramic review of legislative progresses in the vaccine administration sheds the light on this debate. In essence, it is the combination of the lagging legal system and the absence of information technology infrastructure in the process of vaccine administration reform that has led to the recurrence of vaccine incidents. These findings have significant implications for further improvement of vaccine administration and China’s participation in global healthcare.

Keywords: legislation, lot release, public health, reform, vaccine administration, vaccine circulation

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Authors: Kevin Moustapha

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Psychopathy is perceived today as being «the most important concept in the criminal justice system» and as «the most important legal notion of the early 21 th century». The explosion of research related to psychopathy seems to perfectly illustrate this trend. Traditionally, many studies tend to focus on links between insanity defense and psychopathy. That is why our purpose in this article is to analyze psychopathic disorders in the scope of judges sentencing in Canada. Indeed, in every Canadian case related to dangerous offenders, judges must balance between fairness and protection of the individuals rights of the accused and protection of society from dangerous predators who may commit future acts of physical or sexual violence. Increasingly, psychopathic disorders are taking an important part in judge sentencing, especially in Canada. This phenomenon can be illustrated by the high proportion of psychopath offenders incarcerated in North American prisons. Many decisions in Canadians courtrooms seem to point out that psychopathy is often used as a strong argument by the judges to preserve public safety. The fact that psychopathy is often associated with violence, recklessness and recidivism, it could explain why many judges consider psychopathic disorders as an aggravating factor. Generally, the judge reasoning is based on article 753 of Canadian Criminal Code related to dangerous offenders, which is used for individuals who show a pattern of repetitive and persistent aggressive behaviour. However, with cognitive neurosciences, the psychopath’s situation in courtrooms would probably change. Cerebral imaging and news data provided by the neurosciences show that emotional and volitional functions in psychopath’s brains are impaired. Understanding these new issues could enable some judges to recognize psychopathic disorders as a mitigating factor. Two important questions ought to be raised in this article: can exploring psychopaths ‘brains really change the judge sentencing in Canadian courtrooms? If yes, can judges consider psychopathy more as a mitigating factor than an aggravating factor?

Keywords: criminal law, judges sentencing, neurosciences, psychopathy

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Authors: Mukesh Singh Boori, Vít Voženílek

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Olomouc is a unique and complex landmark with widespread forestation and land use. This research work was conducted to assess important and complex land use change trajectories in Olomouc region. Multi-temporal satellite data from 1991, 2001 and 2013 were used to extract land use/cover types by object oriented classification method. To achieve the objectives, three different aspects were used: (1) Calculate the quantity of each transition; (2) Allocate location based landscape pattern (3) Compare land use/cover evaluation procedure. Land cover change trajectories shows that 16.69% agriculture, 54.33% forest and 21.98% other areas (settlement, pasture and water-body) were stable in all three decade. Approximately 30% of the study area maintained as a same land cove type from 1991 to 2013. Here broad scale of political and socio-economic factors was also affect the rate and direction of landscape changes. Distance from the settlements was the most important predictor of land cover change trajectories. This showed that most of landscape trajectories were caused by socio-economic activities and mainly led to virtuous change on the ecological environment.

Keywords: remote sensing, land use/cover, change trajectories, image classification

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Authors: Nita Mitra, Pranab Chanda

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In this paper, the issue of attitude-behavior consistency has been addressed in the context of climate change. Scientists (about 98 percent) opine that human behavior has a significant role in climate change. Such climate changes are harmful for human life. Thus, it is natural to conclude that only change of human behavior can avoid harmful consequences. Government and Non-Government Organizations are taking steps to bring in the desired changes in behavior. However, it seems that although the efforts are achieving changes in the attitudes to some degree, those steps are failing to materialize the corresponding behavioral changes. This has been a great concern for environmentalists. Psychologists have noticed the problem as a particular case of the general psychological problem of making attitude and behavior consistent with each other. The present study is in continuation of a previous work of the same author based upon descriptive research on the status of attitude and behavior of the people of a foot-hill region of the Himalayas in India regarding climate change. The observations confirm the mismatch of attitude and behavior of the people of the region with respect to climate change. While doing so an attitude-behavior mismatch has been noticed with respect to the acceptance of psychological findings by the public. People have been found to be interested in Psychology as an important subject, but they are reluctant to take the observations of psychologists seriously. A comparative study in this regard has been made with similar studies done elsewhere. Finally, an attempt has been made to perceive observations in the framework of observational learning due to Bandura's and behavior change due to Lewin.

Keywords: acceptance of psychological variables, attitude-behavior consistency, behavior change, climate change, observational learning

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Authors: Kelly Grani Yuen

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Accounting scandals and auditing frauds are perceived to be driven by aggressive companies and misrepresentation of audit reports. However, local legal systems and law enforcements may affect the services auditors provide to their ‘important’ clients. Under the civil law and common law jurisdictions, the standard setters, the government, and the regulatory bodies treat cases differently. As such, whether or not different forms of legal systems and extent of law enforcement plays an important role in auditor’s Audit Quality is a question this paper attempts to explore. The paper focuses on the investigation in Asia, where Hong Kong represents the common-law jurisdiction, while Taiwan and China represent the civil law jurisdiction. Only the ten reputable accounting firms are used in this study due to the differences in rankings and establishments of some of the small local audit firms. This will also contribute to the data collected between the years 2007-2013. By focusing on the use of multiple regression based on the dependent (Audit Quality) and independent variables (Client Importance, Law Enforcement, and Press Freedom), six different models are established. Results demonstrate that since different jurisdictions have different legal systems and market regulations, auditor’s treatment on ‘important’ clients will vary. However, with the moderators in place (law enforcement and press freedom), the relationship between client importance and audit quality may be smoothed out. With that in mind, this study contributes to local governments and standard setters’ consideration on legal reform and proper law enforcement in the market. Perhaps, with such modifications on the economic systems, collusion between companies and auditors can finally be put to a halt.

Keywords: audit quality, client importance, jurisdiction, modified audit opinions

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Authors: Paraskevi Liosatou

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Climate change is considered to be of global concern being amplified by the fact that by its nature, cannot be spatially limited. This fact makes necessary the intergovernmental decision-making procedures. In the intergovernmental level, the institutions such as the United Nations Framework Convention on Climate Change and the Intergovernmental Panel on Climate Change develop efforts, methods, and practices in order to plan and suggest climate mitigation and adaptation measures. These measures are based on specific scientific findings and methods making clear the strong connection between science and policy. In particular, these scientific recommendations offer a series of practices, methods, and choices mitigating the problem by aiming at the indirect mitigation of the causes and the factors amplifying climate change. Moreover, modern production and economic context do not take into consideration the social, political, environmental and spatial dimensions of the problem. This work studies the decision-making process working in international and European level. In this context, this work considers the policy tools that have been implemented by various intergovernmental organizations. The methodology followed is based mainly on the critical study of standards and process concerning the connections and cooperation between science and policy as well as considering the skeptic debates developed. The finding of this work focuses on the links between science and policy developed by the institutional and scientific mechanisms concerning climate change mitigation. It also analyses the dimensions and the factors of the science-policy framework; in this way, it points out the causes that maintain skepticism in current scientific circles.

Keywords: climate change, climate change mitigation, climate change skepticism, IPCC, skepticism

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Authors: Weishou Shen, Chunyan Yang, Zhongliang Li

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The crop climate productivity and the distribution of cropland reflect long-term adaption of agriculture to climate. In order to fully understand the impact of climate change on cropland ecosystem in Tibet, the spatiotemporal changes of crop climate productivity and cropland distribution were analyzed with the help of GIS and RS software. Results indicated that the climate change to the direction of wet and warm in Tibet in the recent 30 years, with a rate of 0.79℃/10 yr and 23.28 mm/10yr respectively. Correspondingly, the climate productivity increased gradually, with a rate of 346.3kg/(hm2•10a), of which, the fastest-growing rate of the crop climate productivity is in Southern Tibet Mountain- plain-valley. During the study period, the total cropland area increased from 32.54 million ha to 37.13 million ha, and cropland has expanded to higher altitude area and northward. Overall, increased cropland area and crop climate productivity due to climate change plays a positive role for agriculture in Tibet.

Keywords: climate change, productivity, cropland area, Tibet plateau

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Authors: T. A. Mona M. Salem, Ali F. Bakr

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Given the potential devastation associated with future climate change related disasters, it is vital to change the way we build and manage our cities, through new strategies to reconfigure them and their infrastructures in ways that help secure their reproduction. This leads to a kaleidoscopic view of the city that recognizes the interrelationships of energy, water, transportation, and solid waste. These interrelationships apply across sectors and with respect to the built form of the city. The paper aims at a long-term climate resilience of cities and their critical infrastructures, and sets out an argument for including an eco-infrastructure-based approach in strategies to address climate change. As these ecosystems have a critical role to play in building resilience and reducing vulnerabilities in cities, communities and economies at risk, the enhanced protection and management of ecosystems, biological resources and habitats can mitigate impacts and contribute to solutions as nations and cities strive to adapt to climate change.

Keywords: ecology, ecosystem, infrastructure, climate change, urban

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Authors: Obinna Emmanuel Nkomadu

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Many illegal activities take place on the sea, including trafficking in arms, which constitutes one of the major threats to maritime security. Indeed, the dissemination of arms has hampered the peaceful settlement of many States in Africa, fuelled disputes into armed conflicts, and contributed to the prolongation of armed conflicts in many African States. The absence of international standards on the importation, exportation, and transfer of conventional arms is a contributory factor to conflict, displacement of people, crime, and terrorism on the continent of Africa, which in turn undermines peace, safety, security, stability, and sustainable development. South Africa and Nigeria have taken steps to address the illicit arms, but, despite those steps, arms trafficking at sea continues. To suppress the illicit arms and to combat a number of other threats to maritime security around the continent of Africa, the majority of AU members in 2016 adopted the African Charter on Maritime Security and Safety and Development in Africa (“the Lomé Charter”). However, the Lomé Charter is yet to come into force. This paper set out the pre-existing international legal instruments on arms to ascertain the domestic laws of South Africa and Nigeria relating to arms with the relevant provisions of the Charter in order to establish whether any legal steps are required to ensure that South Africa and Nigeria comply with its obligations under the Lomé Charter should it decide to ratify it. The legal steps include cooperating in establishing policies, as well as a regional and continental institution, and ensuring the implementation of such policies. The paper concludes ratifying the Lomé Charter is a step in the right direction in suppressing arms trafficking at sea, in addition to filling those gaps or limitations in their relevant legislation.

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

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Authors: Anat Keller

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Given that macro-prudential supervision is a relatively new policy area and its empirical and analytical research are still in their infancy, its theoretical foundations are also lagging behind. This paper contributes to the developing discussion on effective legal and institutional macroprudential supervision frameworks. In the first part of the paper, it is argued that effectiveness as a key benchmark poses some challenges in the context of macroprudential supervision such as the difficulty in proving causality between supervisory actions and the achievement of the supervisor’s mission. The paper suggests that effectiveness in the macroprudential context should, therefore, be assessed at the supervisory decision-making process (to be differentiated from the supervisory outcomes). The second part of the essay examines whether insights from behavioural economics can point to biases in the macroprudential decision-making process. These biases include, inter alia, preference bias, groupthink bias and inaction bias. It is argued that these biases are exacerbated in the multilateral setting of the macroprudential supervision framework in the EU. The paper then examines how legal and institutional frameworks should be designed to acknowledge and perhaps contain these identified biases. The paper suggests that the effectiveness of macroprudential policy will largely depend on the existence of clear and robust transparency and accountability arrangements. Accountability arrangements can be used as a vehicle for identifying and addressing potential biases in the macro-prudential framework, in particular, inaction bias. Inclusiveness of the public in the supervisory process in the form of transparency and awareness of the logic behind policy decisions may assist in minimising their potential unpopularity thus promoting their effectiveness. Furthermore, a governance structure which facilitates coordination of the macroprudential supervisor with other policymakers and incorporates outside perspectives and opinions could ‘break-down’ groupthink bias as well as inaction bias.

Keywords: behavioural economics and biases, effectiveness of macroprudential supervision, legal and institutional macroprudential frameworks, macroprudential decision-making process

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Authors: Nura Suleiman

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The democratic dispensation in Nigeria witnessed allot of changes since its beginning up to the 2015 election. The issues of zoning formula, rigging, money politics, god fatherism, and political thuggery among the youths became the centre stage from 1999-2014. But 2015 came with new tune that brings about a little shift from the traditional politics mentioned above, the political socialisation and knowledge penetrated into the sense of electorate where people suddenly change and look for the better option. The paper will examine the democratic change in relation to the 2015 General election which brings General MohammaduBuhari on the mantle of leadership of Nigeria. Many reasons were attributed to the sudden change of government in Nigeria, but the major ones are lack of good governance, corruption, insecurity, political parties’ merger to formed APCand change in INEC leadership. Others are weakness of the leadership and undemocratic nature of PDP government at different level in the country. The glamor for change became necessary because People become more informs about the manifestation of good hope and better Nigeria from the major opposition party (APC). During 2015 election the electorate voted the incumbent government out and replaced it with their choice.

Keywords: democracy, election, insecurity, good governance

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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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Authors: Michelle J. Miller

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In recent year, there has been a rise of two emerging issues that impact the global employment and business market that the legal community must review closer: offshore outsourcing and data privacy. These two issues intersect because employment opportunities are shifting due to offshore outsourcing and some States, like the United States, anti-outsourcing legislation has been passed or presented to retain jobs within the country. In addition, the legal requirements to retain the privacy of data as a global employer extends to employees and third party service provides, including services outsourced to offshore locations. For this reason, this paper will review the intersection of these two issues with a specific focus on data privacy.

Keywords: outsourcing, data privacy, international compliance, multinational corporations

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Authors: Lauren Beth Birney

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BOP-CCERS is a consortium of scientists, K-16 New York City students, faculty, academicians, teachers, stakeholders, STEM Industry professionals, CBO’s, NPO’s, citizen scientists, and local businesses working in partnership to restore New York Harbor’s oyster populations while at the same time providing clean water in New York Harbor. BOP-CCERS gives students an opportunity to learn hands-on about environmental stewardship as well as environmental law and policy by giving students real responsibility. The purpose of this REU will allow for the BOP CCERS Project to further broaden its parameters into the focus of environmental law and policy where further change can be affected. Creating opportunities for undergraduates to work collaboratively with graduate students in law and policy and envision themselves in STEM careers in the field of law continues to be of importance in this project. More importantly, creating opportunities for underrepresented students to pursue careers in STEM Education has been a goal of the project over the last ten years. By raising the level of student interest in community-based citizen science integrated into environmental law and policy, a more diversified workforce will be fostered through the momentum of this dynamic program. The continuing climate crisis facing our planet calls for 21st-century skill development that includes learning and innovation skills derived from critical thinking, which will help REU students address the issues of climate change facing our planet. The demand for a climate-friendly workforce will continue to be met through this community-based citizen science effort. Environmental laws and policies play a crucial role in protecting humans, animals, resources, and habitats. Without these laws, there would be no regulations concerning pollution or contamination of our waterways. Environmental law serves as a mechanism to protect the land, air, water, and soil of our planet. To protect the environment, it is crucial that future policymakers and legal experts both understand and value the importance of environmental protection. The Environmental Law and Policy REU provides students with the opportunity to learn, through hands-on work, the skills, and knowledge needed to help foster a legal workforce centered around environmental protection while participating alongside the BOP CCERS researchers in order to gain research experience. Broadening this area to law and policy will further increase these opportunities and permit students to ultimately affect and influence larger-scale change on a global level while further diversifying the STEM workforce. Students’ findings will be shared at the annual STEM Institute at Pace University in August 2022. Basic research methodologies include qualitative and quantitative analysis performed by the research team. Early findings indicate that providing students with an opportunity to experience, explore and participate in environmental science programs such as these enhances their interests in pursuing STEM careers in Law and Policy, with the focus being on providing opportunities for underserved, marginalized, and underrepresented populations.

Keywords: environmental restoration science, citizen science, environmental law and policy, STEM education

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Authors: Rolland Epafras Fanggidae

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The impact of climate change such as natural disasters, crop failures, increasing crop pests, bad gisi on children and other impacts, will indirectly affect education, health, food safety, as well as the economy. The impact of climate change has put a man in a situation of vulnerability, which was powerless to meet the minimum requirements, it is in close contact with poverty. When talking about poverty, the most plausible is female. The role of women in Indonesia, particularly in East Nusa Tenggara in Domestic aktifity very central and dominant. This makes Indonesian woman can say "outstanding actor in the face of climate change mitigation and adaptation and applying local knowledge", but still ignored when women based on gender division of work entrusted role in domestic activities. Similarly, in public activity is an extension of the Domestic example, trading activity in the market lele / mama. Although men are also affected by climate change, but most feel is female. From the above problems, it can be said that Indonesia's commitment has not been followed by optimal empowerment of women's role in addressing climate change, it is necessary to learn to know how the role of women in the face of climate change impacts that hit on her role as a woman, a housewife or head of the family and will be input in order to determine how women find a solution to tackle the problem of climate change. This study focuses on the efforts made by women cope with the impacts of climate change, efforts by the government, empowerment model used in Playing the impact of climate change. The container with the formulation of the title "The Role of Women in Climate Change Impact in Kupang district". Where the assessment in use types Research mix Methods combination of quantitative research and qualitative research. While the location of the research conducted in Kupang regency, East Nusa Tenggara, namely: District of East Kupang is a district granary in Kupang district. Subdistrict West Kupang, especially Tablolong Village is the center of seaweed cultivation in Kupang district.

Keywords: climate change, women, women's roles, gender, family

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Authors: Azzaya Enkhjargal

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Context: The mining industry has a long history of human rights abuses, including forced labor, environmental pollution, and displacement of communities. In recent years, there has been growing international pressure to hold mining companies accountable for these abuses. Research Aim: This study explores the legal liabilities of mining companies for human rights abuses. The study specifically examines the case of Erdenet Mining Corporation (EMC), a large mining company in Mongolia that has been accused of human rights abuses. Methodology: The study used a mixed-methods approach, which included a review of legal literature, interviews with community members and NGOs, and a case study of EMC. Findings: The study found that mining companies can be held liable for human rights abuses under a variety of regulatory frameworks, including soft law and self-regulatory instruments in the mining industry, international law, national law, and corporate law. The study also found that there are a number of challenges to holding mining companies accountable for human rights abuses, including the lack of effective enforcement mechanisms and the difficulty of proving causation. Theoretical Importance: The study contributes to the growing body of literature on the legal liabilities of mining companies for human rights abuses. The study also provides insights into the challenges of holding mining companies accountable for human rights abuses. Data Collection: The data for the study was collected through a variety of methods, including a review of legal literature, interviews with community members and NGOs, and a case study of EMC. Analysis Procedures: The data was analyzed using a variety of methods, including content analysis, thematic analysis, and case study analysis. Conclusion: The study concludes that mining companies can be held liable for human rights abuses under a variety of legal and regulatory frameworks. There are positive developments in ensuring greater accountability and protection of affected communities and the environment in countries with a strong economy. Regrettably, access to avenues of redress is reasonably low in less developed countries, where the governments have not implemented a robust mechanism to enforce liability requirements in the mining industry. The study recommends that governments and mining companies take more ambitious steps to enhance corporate accountability.

Keywords: human rights, human rights abuses, ESG, litigation, Erdenet Mining Corporation, corporate social responsibility, soft law, self-regulation, mining industry, parent company liability, sustainability, environment, UN

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Authors: Igor Medved, Anton Trnik, Libor Vozar

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Phase-change materials (PCMs) are of great interest in the applications where a temperature level needs to be maintained and/or where there is demand for thermal energy storage. Examples are storage of solar energy, cold, and space heating/cooling of buildings. During a phase change, the enthalpy vs. temperature plot of PCMs shows a jump and there is a distinct peak in the heat capacity plot. We present a theoretical description from which these jumps and peaks can be obtained. We apply our theoretical results to fit experimental data with very good accuracy for selected materials and changes between two phases. The development is based on the observation that PCMs are polycrystalline; i.e., composed of many single-crystalline grains. The enthalpy and heat capacity are thus interpreted as averages of the contributions from the individual grains. We also show how to determine the baseline and excess part of the heat capacity and thus the latent heat corresponding to the phase change.

Keywords: averaging, enthalpy jump, heat capacity peak, phase change

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Authors: Christelle Tchoupé Makougoum

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In the context of agriculture, differences across localities in term of climate change can create systematic variation among farmers technical efficiency. Failure to account for climate variability could lead to wrong conclusions about farmers’ technical efficiency and also it could bias the ranking of farmers according to their managerial performance. The literature on agricultural productivity has given little attention to this issue whereas it is necessary for establishing to what extent climate affects farmers efficiency. This article contributes to the preview literature by two ways. First, it proposed a new econometric model that accounting for the climate change influences on technical efficiency in the specific area of agriculture. Second it estimates the inefficiency due to climate change and the real managerial performance of Malian farmers. Using the Mali’s data from agricultural census and CRU TS3 climatic database we implemented an adjusted stochastic frontier methodology to account for the impact of environmental factors. The results yield three main findings. First, instability in temperatures and rainfall decreases technical efficiency on average. Second, the climate change modifies the classification of the farmers according to their efficiency scores. Thirdly it is noted that, although climate changes are partly responsible for the deviation from the border, the capacity of farmers to combine inputs into the optimal proportion is more to undermine. The study concluded that improving farmer efficiency should include fostering their resilience to climate change.

Keywords: agriculture, climate change, stochastic production function, technical efficiency

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Authors: Farnoosh Faal

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Institutional and organizational change in social housing organizations can have a significant impact on both the organizations themselves and their stakeholders. This paper provides an overview of the impact of institutional and organizational change on social housing organizations and their stakeholders, including tenants, employees, and other community members. The paper examines the different types of institutional and organizational change that can occur in social housing organizations, such as changes in management structure, funding models, and service delivery methods. It also explores the potential benefits and drawbacks of these changes, including changes in efficiency, service quality, and tenant satisfaction. The paper further discusses the impact of institutional and organizational change on social housing organization stakeholders, including the effects on employee morale, tenant engagement, and community relationships. The paper highlights the importance of effective stakeholder engagement and communication in ensuring a smooth transition to new organizational models and systems. Finally, the paper discusses the challenges and opportunities presented by institutional and organizational change in social housing organizations and provides recommendations for organizations looking to navigate these changes successfully. These recommendations include prioritizing stakeholder engagement, investing in staff training and development, and maintaining a focus on the needs and priorities of tenants and communities. Overall, this paper emphasizes the importance of considering the impact of institutional and organizational change on social housing organizations and their stakeholders and highlights strategies for managing these changes in a way that maximizes benefits and minimizes negative impacts.

Keywords: social housing organizations, stakeholder engagement, institutional change, challenges, opportunities

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Authors: Vipulkumar Jagodana

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Recently the use of renewable sources has increased, these sources include fuel cell, photo voltaic, and wind turbine. Islanding occurs when one portion of grid is isolated from remaining grid. Use of the renewable sources can provide continuous power to isolated portion in islanding condition. One of the common renewable sources is wind generation using wind turbine. The efficiency of wind generation can be increased in combination with conventional sources. When islanding occurs, few parameters change which may be frequency, voltage, active power, and harmonics. According to large change in one of these parameters islanding is detected. In this paper, two passive methods Rate of Change of Frequency (ROCOF) and Rate of change of Power (ROCOP) have been implemented for islanding detection of small wind-turbine. Islanding detection of both methods have been simulated in PSCAD. Simulation results show at different islanding inception angle response of ROCOF and ROCOP.

Keywords: islanding, adopted methods, PSCAD simulation, comparison

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Authors: Nien-Ming Hong, Kuei-Fang Huang

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Climate change is an important issue in future, which seriously affects water resources for a long term planning and management. Flood assessment is highly related with climate and land use. Increasing rainfall and urbanization will induce the inundated area in future. For adapting the impacts of climate change, a land use planning is a good strategy for reducing flood damage. The study is to build a trade-off process with different land use types. The Ta-Liao watershed is the study area with three types of land uses that are build-up, farm and forest. The build-up area is concentrated in the downstream of the watershed. Different rainfall amounts are applied for assessing the land use in 1996, 2005 and 2013. The adapted strategies are based on retarding the development of urban and a trade-off process. When a land changes from farm area to built-up area in downstream, this study is to search for a farm area and change it to forest/grass area or building a retention area in the upstream. For assessing the effects of the strategy, the inundation area is simulated by the Flo-2D model with different rainfall conditions and land uses. The results show inundation maps of several cases with land use change planning. The results also show the trade-off strategies and retention areas can decrease the inundated area and divide the inundated area, which are better than retarding urban development. The land use change is usually non-reverse and the planning should be constructed before the climate change.

Keywords: climate change, land use change, flood risk assessment, land use planning

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Authors: Takele Nemomsa, Girma Mamo, Tesfaye Balemi

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Climate change refers to a change in the state of the climate that can be identified (e.g. using statistical tests) by changes in the mean and/or variance of its properties and that persists for an extended period, typically decades or longer. In Ethiopia; Maize production in relation to climate change at regional and sub- regional scales have not been studied in detail. Thus, this study was aimed to analyse the impact of climate change on maize yield in Ambo Districts, Central Ethiopia. To this effect, weather data, soil data and maize experimental data for Arganne hybrid were used. APSIM software was used to investigate the response of maize (Zea mays) yield to different agronomic management practices using current and future (2020s–2080s) climate data. The climate change projections data which were downscaled using SDSM were used as input of climate data for the impact analysis. Compared to agronomic practices the impact of climate change on Arganne in Central Ethiopia is minute. However, within 2020s-2080s in Ambo area; the yield of Arganne hybrid is projected to reduce by 1.06% to 2.02%, and in 2050s it is projected to reduce by 1.56 While in 2080s; it is projected to increase by 1.03% to 2.07%. Thus, to adapt to the changing climate; farmers should consider increasing plant density and fertilizer rate per hectare.

Keywords: APSIM, downscaling, response, SDSM

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Authors: Adam Modu Abbas

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Nigeria, due to its location, size and population is very vulnerable to the impact of climate change. Little effort is however made to address most of the problems, despite the fact that sufficient understanding is made on the impact of climate change and problems emanating from it are also always being propagated. Migration, one of the resultant effects of climate change is however given less attention. This paper focuses on the climate change impact and one of resulting effects, migration and its associated problems. Purposive sampling technique was adopted in sampling 250 respondents who were mainly family members of out-migrants from Ngala and Kala-Balge LGAs of North-eastern Borno State, Nigeria. Available literatures were consulted for the types of climate change impacts. The results revealed that, climate change leads to climatic variation over the space with numerous effects on the environment such as intermittent droughts, desertification/deforestation, low water table and establishment of dams across the courses of the main sources of water supply to the Lake Chad. Many people in the study area either migrated to Cameroon’s Darrak, Lake Doi and Mayo Mbund, Lagos, Nigeria, leaving some members of their families at home. More than half of respondents indicated that the heads of the households migrated as a result of poor harvest due to diminishing or fluctuating rains/drought and/or drying of river Surbewel. It is recommended that; inter-basin water transfers should be embarked upon.

Keywords: climate, change, migration, dam, intermittent

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Authors: Tania M. Guerrero, Ileana Cortes Santiago

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Estamos Unidos Asylum Project has served more than 2,000 asylum seekers and migrants who are under the Migrant Protection Protocols (MPP) policy in Ciudad Juarez, Mexico. The U.S. policy, implemented in January 2019, has stripped asylum seekers of their rights—forcing people fleeing violence and discrimination to wait in similar or worse conditions from which they fled and navigate their entire asylum process in a different country. Several civil rights groups, including the American Civil Liberties Union (ACLU), challenged MPP in U.S. federal courts in February 2019, arguing a violation of international U.S. obligations towards refugees and asylum-seekers under the 1951 Refugee Convention and the Refugee Act of 1980 in regards to the non-refoulement principle. MPP has influenced Mexico's policies, enforcement, and prioritization of the presence of asylum seekers and migrants; it has also altered the way international non-governmental organizations work at the Mexican Northern border. Estamos Unidos is a project situated in a logistical conundrum, as it provides needed legal services to a population in a legal and humanitarian void, i.e., a liminal space. The liminal space occupied by asylum seekers living under MPP is one that, in today's world, should not be overlooked; it dilutes asylum law and U.S. commitments to international protections. This paper provides analysis of and broader implications from a project whose main goal is to uphold the protections of asylum seekers and international refugee law. The authors identified and analyzed four critical points based on field work conducted since August 2019: (1) strategic coalition building with international, local, and national organizations; (2) brokering between domestic and international contexts and critical legal constraints; (3) flexibility to sudden policy changes and the diverse needs of the multiethnic groups of migrants and asylum seekers served by the project; and (4) the complexity of providing legal assistance to asylum seekers who are survivors of trauma. The authors concur with scholarship when highlighting the erosion of protections of asylum seekers and migrants as a dangerous and unjust global phenomenon.

Keywords: asylum, human rights, migrant protection protocols, refugees law

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Authors: Aileen Editha

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The legal recognition of property rights over human genes is a divisive topic to which there is no resolution. As a frequently discussed topic, scholars and practitioners often highlight the inadequacies of a proprietary regime. However, little has been said in regard to the nature of human genetic materials (HGMs). This paper proposes approaching the issue of property over HGMs from an alternative perspective that looks at the personal and social value and valuation of HGMs. This paper will highlight how the unique and unresolved status of HGMs is incompatible with the main tenets of property and, consequently, contributes to legal ambiguity and uncertainty in the regulation of property rights over human genes. HGMs are perceived as part of nature and a free-for-all while also being within an individual’s private sphere. Additionally, it is also considered to occupy a unique “not-private-nor-public” status. This limbo-like position clashes with property’s fundamental characteristic that relies heavily on a clear public/private dichotomy. Moreover, as property is intrinsically linked to the legal recognition of one’s personhood, this irresolution benefits some while disadvantages others. In particular, it demands the publicization of once-private genes for the “common good” but subsequently encourages privatization (through labor) of these now-public genes. This results in the gain of some (already privileged) individuals while enabling the disenfranchisement of members of minority groups, such as Indigenous communities. This paper will discuss real and intellectual property rights over human genes, such as the right to income or patent rights, in Canada and the US. This paper advocates for a sui generis approach to governing rights and interests over human genes that would not rely on having a strict public/private dichotomy. Not only would this improve legal certainty and clarity, but it would also alleviate—or, at the very least, minimize—the role that the current law plays in further entrenching existing systemic inequalities. Despite the specificity of this topic, this paper argues that there are broader lessons to be learned. This issue is an insightful case study on the interconnection of various principles in law, society, and property, and what must be done when discordance between one or more of those principles has detrimental societal outcomes. Ultimately, it must be remembered that property is an adaptable and malleable instrument that can be developed to ensure it contributes to equity and flourishing.

Keywords: property rights, human genetic materials, critical legal scholarship, systemic inequalities

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Authors: Werner Bernatik, Pavel Adamek

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The Societas Europaea is the legal form of company which plays its role within European Union since 2004. Since that it has settled in particular EU's member according to conditions. There is several hundreds of Societas Europaea found in EU and the article pays attention to historical background of conditions which formed the European Entrepreneurial Environment. Also, the differences of particular details of Societas Europaea are mentioned. Furthermore, the case of Czech Republic Business Environment is subject of interest where, surprisingly, the total amount of registered Societas Europaea was identified as the highest. The possible reasons of such situation are subject of research and results are to be presented in the article.

Keywords: Societas Europaea, business environment, legal form of company, entrepreneurial environment, European Union, competitivness

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Authors: P. Selyshchev

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The theoretical approach is developed to describe the change of drops in the atmosphere of own steam and buffer gas under irradiation. It is shown that the irradiation influences on size of stable droplet and on the conditions under which the droplet exists. Under irradiation the change of drop becomes more complex: the not monotone and periodical change of size of drop becomes possible. All possible solutions are represented by means of phase portrait. It is found all qualitatively different phase portraits as function of critical parameters: rate generation of clusters and substance density.

Keywords: irradiation, steam, plasma, cluster formation, liquid droplets, evolution

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Authors: Meltem Karatepe Kaya

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

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

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Authors: Masood Ahmed

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There is a plethora of literature (including judicial and extra-judicial comments) concerning the virtues of alternative dispute resolution processes within the English civil justice system. Lord Woolf in his Access to Justice Report ushered in a new pro-ADR philosophy and this was reinforced by Sir Rupert Jackson in his review of civil litigation costs. More recently, Briggs LJ, in his review of the Chancery Court, reiterated the significant role played by ADR and the need for better integration of ADR processes within the Chancery Court. His Lordship also noted that ADR which had failed to produce a settlement (i.e. a failed-ADR) continued to play a significant role in contributing to a ‘substantial narrowing of the issues or increased focus on the key issues’ which were ‘capable of assisting both the parties and the court in the economical determination of the dispute at trial.’ With the assistance of empirical data, this paper investigates the nature of failed-ADR and, in particular, assesses the effectiveness of failed-ADR processes as a tool in: (a) narrowing the legal and/or factual issues which may assist the courts in more effective and efficient case management of the dispute; (b) assisting the parties in the future settlement of the matter. This paper will also measure the effectiveness of failed-ADR by considering the views and experiences of legal practitioners who have engaged in failed-ADR.

Keywords: English civil justice system, alternative dispute resolution processes, civil court process, empirical data from legal profession regarding failed ADR

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Authors: Alshehri Sultan

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Organizational change has remained an important subject for many researchers in the field of organizations theory. We propose the importance of organizational liability of renewal through a model that examines how an organization can overcome potential rigidities in organizational capabilities from learning by changing capabilities. We examine whether an established organization can overcome liability of renewal by changes in organizational capabilities and how the organizational renewal process reflect on the balance between the dynamic aspect of organizational learning as demonstrated by changes in capabilities and the stabilizing aspects of organizational inertia. We found both positive relationship between organizational learning and performance, and between legitimacy and performance. Performance and legitimacy have, however, a negative relationship on the pressure for change.

Keywords: organizational capabilities, organizational liability, liability of renewal, pressure for change

Procedia PDF Downloads 508