Search results for: corrective justice
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 901

Search results for: corrective justice

451 The Culture of Extrajudicial Executions: An Investigative Study of the Philippines’ Fifth Republic

Authors: Nathalie Quinto, Danielle Solancho

Abstract:

In 1986, after Marcos’ Martial Law of 1972, the Philippines revised its constitution for the fifth time, under the Aquino Administration. Extrajudicial violence was expected to be lessened, if not completely eradicated after this was passed. However, state-sponsored executions continued to persist even in the present time. There are currently identified policy gaps when it comes to extrajudicial cases, as there is no generally accepted definition of the term in the Philippines. In this paper, a triangulation method of historically published papers, key informant interviews, and focus group discussions of academics, scholars, and people who are involved in various cases found, was utilized for the methodology. This paper explores the establishment of a normalized system of state-sponsored executions in the country and why the state resorts to this kind of action. It found that due to a weak political, and social institution, a culture of extrajudicial executions was established.

Keywords: extrajudicial execution, human rights, justice, security

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450 Nudging the Criminal Justice System into Listening to Crime Victims in Plea Agreements

Authors: Dana Pugach, Michal Tamir

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Most criminal cases end with a plea agreement, an issue whose many aspects have been discussed extensively in legal literature. One important feature, however, has gained little notice, and that is crime victims’ place in plea agreements following the federal Crime Victims Rights Act of 2004. This law has provided victims some meaningful and potentially revolutionary rights, including the right to be heard in the proceeding and a right to appeal against a decision made while ignoring the victim’s rights. While victims’ rights literature has always emphasized the importance of such right, references to this provision in the general literature about plea agreements are sparse, if existing at all. Furthermore, there are a few cases only mentioning this right. This article purports to bridge between these two bodies of legal thinking – the vast literature concerning plea agreements and victims’ rights research– by using behavioral economics. The article will, firstly, trace the possible structural reasons for the failure of this right to be materialized. Relevant incentives of all actors involved will be identified as well as their inherent consequential processes that lead to the victims’ rights malfunction. Secondly, the article will use nudge theory in order to suggest solutions that will enhance incentives for the repeat players in the system (prosecution, judges, defense attorneys) and lead to the strengthening of weaker group’s interests – the crime victims. Behavioral psychology literature recognizes that the framework in which an individual confronts a decision can significantly influence his decision. Richard Thaler and Cass Sunstein developed the idea of ‘choice architecture’ - ‘the context in which people make decisions’ - which can be manipulated to make particular decisions more likely. Choice architectures can be changed by adjusting ‘nudges,’ influential factors that help shape human behavior, without negating their free choice. The nudges require decision makers to make choices instead of providing a familiar default option. In accordance with this theory, we suggest a rule, whereby a judge should inquire the victim’s view prior to accepting the plea. This suggestion leaves the judge’s discretion intact; while at the same time nudges her not to go directly to the default decision, i.e. automatically accepting the plea. Creating nudges that force actors to make choices is particularly significant when an actor intends to deviate from routine behaviors but experiences significant time constraints, as in the case of judges and plea bargains. The article finally recognizes some far reaching possible results of the suggestion. These include meaningful changes to the earlier stages of criminal process even before reaching court, in line with the current criticism of the plea agreements machinery.

Keywords: plea agreements, victims' rights, nudge theory, criminal justice

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449 Language in International Students’ Cross-Cultural Adaptation: Case Study of Ukrainian Students in Taiwan and Lithuania

Authors: Min-Hsun Liao

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Since the outbreak of war between Russia and Ukraine in February 2022, universities around the world have extended their helping hands to welcome Ukrainian students whose academic careers have been unexpectedly interrupted. Tunghai University (THU) in Taiwan and Mykolas Romeris University (MRU) in Lithuania are among the many other universities offering short- and long-term scholarships to host Ukrainian students in the midst of the war crisis. This mixed-methods study examines the cross-cultural adjustment processes of Ukrainian students in Taiwan. The research team at MRU will also conduct a parallel study with their Ukrainian students. Both institutions are committed to gaining insights into the adjustment processes of these students through cross-institutional collaboration. Studies show that while international students come from different cultural backgrounds, the difficulties they face while studying abroad are comparable and vary in intensity. These difficulties range from learning the language of the host country, adopting cultural customs, and adapting culinary preferences to the sociocultural shock of being separated from family and friends. These problems have been the subject of numerous studies. Study findings indicate that these challenges, if not properly addressed, can lead to significant stress, despair, and failure in academics or other endeavors for international students, not to mention those who have had to leave home involuntarily and settle into a completely new environment. Among these challenges, the language of the host country is foremost. The issue of international students' adjustment, particularly language acquisition, is critical to the psychological, academic, and sociocultural well-being of individuals. Both quantitative and qualitative data will be collected: 1) the International Student Cross-cultural Adaptation Survey (ISCAS) will be distributed to all Ukrainian students in both institutions; 2) one-on-one interviews will be conducted to gain a deeper understanding of their adaptations; and 3) t-tests or ANOVA will be calculated to determine significant differences between the languages used and the adaptation patterns of Ukrainian students. The significance of this study is consistent with three SDGs, namely quality education, peace/justice, and strong institutions and partnerships for the goals. The THU and MRU research teams believe that through partnership, both institutions can benefit exponentially from sharing the data, avoiding fixed interpretation, and sharing contextual insights, which will help improve the overall quality of education for international students and promote peace/justice through strong institutions. The impact of host country language proficiency on academic and sociocultural adjustments remains inconclusive. Therefore, the outcome of the study will shed new light on the relationship between language and various adjustments. In addition, the feedback from Ukrainian students will help other host countries better serve international students who must flee their home countries for an undisturbed education.

Keywords: international students, ukrainian students, cross-cultural adaptation, host country language, acculturation theory

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448 Creating Growth and Reducing Inequality in Developing Countries

Authors: Rob Waddle

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We study an economy with weak justice and security systems and with weak public policy and regulation or little capacity to implement them, and with high barriers to profitable sectors. We look at growth and development opportunities based on the derived demand. We show that there is hope for such an economy to grow up and to generate a win-win situation for all stakeholders if the derived demand is supplied. We then investigate conditions that could stimulate the derived demand supply. We show that little knowledge of public, private and international expenditures in the economy and academic tools are enough to trigger the derived demand supply. Our model can serve as guidance to donor and NGO working in developing countries, and show to media the best way to help is to share information about existing and accessible opportunities. It can also provide direction to vocational schools and universities that could focus more on providing tools to seize existing opportunities.

Keywords: growth, development, monopoly, oligopoly, inequality

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447 Implementation of Maqasid Sharia in Islamic Financial Institution in Indonesia

Authors: Deden Misbahudin Muayyad, Lavlimatria Esya

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Up to the month of June 2015, Indonesia has 12 Islamic Commercial Banks, 22 Islamic Business Unit, 327 offices in 33 provinces. The initial purpose of the establishment of Islamic financial institutions is to achieve and the welfare of the people in this world and in the hereafter. To realize these goals, the Islamic financial institutions in every kind of aspect of product development and in terms of operations should be based on maqashid sharia, namely keeping the faith, keep the soul, keep the sense, maintain the property, keeping the offspring. To see whether Islamic banking grounded in maqasid sharia, the Islamic banking performance measurements based on the principles of maqasid sharia. Banking performance measurement is not only focusing on profit and other financial measures, but put other values of banks reflects the size of the benefit of non-profit in accordance with the bank's objectives. The measurement using the measurement of financial performance called maqasid sharia index. Maqasid syariah index is a model of Islamic banking performance measurement in accordance with the objectives and characteristics of Islamic banking. Maqasid syariah index was developed based on three main factors, namely the education of individuals, the creation of justice, the achievement of well-being, where the three factors were in accordance with the common goal of maqasid sharia is achieving prosperity and avoid evil. Maqasid syariah index shows that maqasid sharia approach can be a strategic alternative approach to describe how good the performance of the banking system and it can be implemented in the comprehensive policy strategy. This study uses a model of performance measurement framework based on maqasid syariah, in addition to financial performance measures that already exist. Methods to develop the idea of a performance measurement framework of Islamic banking by maqasid sharia is the Sekaran method. Operationally, the methods have now able to describe the elements that will be measured by this study. This is done by observing the behavior of the dimensions illustrated through a concept that has been set. These dimensions translate into derivative elements that can be observed and more scalable, so it can establish measurement indices. This research is descriptive quantitative. Techniques are being made to collect data in this paper is by using purposive sampling method, with 12 Islamic Commercial Banks that qualify as research samples. The financial data taken at 12 banks was sourced from the annual financial statements the period 2008 to 2012 with consideration of the database and ease of access to data. The ratio measured in this study only 7 ratio used in determining the performance of Islamic banking, namely: four ratio refers to the sharia objectives related to education. three ratio while again referring to sharia objectives related to the achievement of welfare. While other ratios associated with justice can not be used in this study because of the limited data used. Total overall calculation of performance indicators and performance ratios on each goal for each bank describes the maqasid syariah index.

Keywords: Islamic banking, Maslahah, maqashid syariah, maqashid syariah index

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446 Existence of Financial Service Authority Prior to 2045

Authors: Syafril Hendrik Hutabarat, Hartiwiningsih, Pujiyono Suwadi

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The Financial Service Authority (FSA) was formed as a response to the 1997 monetary crisis and the 2008 financial crisis so that it was more defensive in nature while developments in information and communication technology have required state policies to be more offensive to keep up with times. Reconstruction of Authorities of the FSA's Investigator is intended to keep the agency worthy to be part of an integrated criminal justice system in Indonesia which has implications for expanding its authority in line with efforts to protect and increase the welfare of the people. The results show that internal synergy between sub-sectors in the financial services sector is not optimised, some are even left behind so that the FSA is not truly an authority in the financial services sector. This research method is empirical. The goal of synergy must begin with internal synergy which has its moment when Indonesia gets a demographic bonus in the 2030s and becomes an international logistics hub supported by the national financial services sector.

Keywords: reconstruction, authorities, FSA investigators, synergy, demography

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445 Understanding Narrative Transformations of Ebola in Negotiations of Epidemic Risk

Authors: N. W. Paul, M. Banerjee

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Discussing the nexus between global health policy and local practices, this article addresses the recent Ebola outbreak as a role model for narrative co-constructions of epidemic risk. We will demonstrate in how far a theory-driven and methodologically rooted analysis of narrativity can help to improve mechanisms of prevention and intervention whenever epidemic risk needs to be addressed locally in order to contribute to global health. Analyzing the narrative transformation of Ebola, we will also address issues of transcultural problem-solving and of normative questions at stake. In this regard, we seek to contribute to a better understanding of a key question of global health and justice as well as to the underlying ethical questions. By highlighting and analyzing the functions of narratives, this paper provides a translational approach to refine our practices by which we address epidemic risk, be it on the national, the transnational or the global scale.

Keywords: ebola, epidemic risk, medical ethics, medical humanities

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444 Reconsidering Curriculum: Educational Responses for Peace-Building in and outside the Classroom

Authors: S. Roman

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This qualitative study used semi-structured interviews with three Canadian educators to examine peace-based pedagogies used in varied teaching contexts and the degree to which the teaching strategies implemented were aligned with goals of peace-keeping, peace-making or peace-building in the classroom. In this research, the teachers’ peace-oriented pedagogy was influenced by various strands of peace education theory, and as such shaped their conceptualization of ‘peace’. The study’s result shows that when educators implemented government-mandated curriculum, they worked around it and/or added content that increased opportunities for democratic peacebuilding. In addition, all three teachers also strengthened their peace-oriented practice by incorporating conflict resolution skills in and outside the classroom to augment a common social-justice oriented goal for peace-making and peace-keeping and made various distinctions around the conditions necessary for peace-building.

Keywords: citizenship, peace-building education, peace-building curriculum, pedagogy

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443 Characterization of Candlenut Shells and Its Application to Remove Oil and Fine Solids of Produced Water in Nutshell Filters of Water Cleaning Plant

Authors: Annur Suhadi, Haris B. Harahap, Zaim Arrosyidi, Epan, Darmapala

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Oilfields under waterflood often face the problem of plugging injectors either by internal filtration or external filter cake built up inside pore throats. The content of suspended solids shall be reduced to required level of filtration since corrective action of plugging is costly expensive. The performance of nutshell filters, where filtration takes place, is good using pecan and walnut shells. Candlenut shells were used instead of pecan and walnut shells since they were abundant in Indonesia, Malaysia, and East Africa. Physical and chemical properties of walnut, pecan, and candlenut shells were tested and the results were compared. Testing, using full-scale nutshell filters, was conducted to determine the oil content, turbidity, and suspended solid removal, which was based on designed flux rate. The performance of candlenut shells, which were deeply bedded in nutshell filters for filtration process, was monitored. Cleaned water outgoing nutshell filters had total suspended solids of 17 ppm, while oil content could be reduced to 15.1 ppm. Turbidity, using candlenut shells, was below the specification for injection water, which was less than 10 Nephelometric Turbidity Unit (NTU). Turbidity of water, outgoing nutshell filter, was ranged from 1.7-5.0 NTU at various dates of operation. Walnut, pecan, and candlenut shells had moisture content of 8.98 wt%, 10.95 wt%, and 9.95 wt%, respectively. The porosity of walnut, pecan, and candlenut shells was significantly affected by moisture content. Candlenut shells had property of toluene solubility of 7.68 wt%, which was much higher than walnut shells, reflecting more crude oil adsorption. The hardness of candlenut shells was 2.5-3 Mohs, which was close to walnut shells’ hardness. It was advantage to guarantee the cleaning filter cake by fluidization process during backwashing.

Keywords: candlenut shells, filtration, nutshell filter, pecan shells, walnut shells

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442 Changing Geomorphosites in a Changing Lake: How Environmental Changes in Urmia Lake Have Been Driving Vanishing or Creating of Geomorphosites

Authors: D. Mokhtari

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Any variation in environmental characteristics of geomorphosites would lead to destabilisation of their geotouristic values all around the planet. The Urmia lake, with an area of approximately 5,500 km2 and a catchment area of 51,876 km2, and to which various reasons over time, especially in the last fifty years have seen a sharp decline and have decreased by about 93 % in two recent decades. These variations are not only driving significant changes in the morphology and ecology of the present lake landscape, but at the same time are shaping newly formed morphologies, which vanished some valuable geomorphosites or develop into smaller geomorphosites with significant value from a scientific and cultural point of view. This paper analyses and discusses features and evolution in several representative coastal and island geomorphosites. For this purpose, a total of 23 geomorphosites were studied in two data series (1963 and 2015) and the respective data were compared and analysed. The results showed, The total loss in geomorphosites area in a half century amounted to a loss of more than 90% of the valuable geomorphosites. Moreover, the comparison between the mean yearly value of coastal area lost over the entire period and the yearly average calculated for the shorter period (1998-2014) clearly indicates a pattern of acceleration. This acceleration in the rate of reduction in lake area was seen in most of the southern half of the lake. In the region as well, the general water-level falling is not only causing the loss of a significant water resource, which is followed by major impact on regional ecosystems, but is also driving the most marked recent (last century) changes in the geotouristic landscapes. In fact, the disappearance of geomorphosites means the loss of tourism phenomenon. In this context attention must be paid to the question of conservation. The action needed to safeguard geomorphosites includes: 1) Preventive action, 2) Corrective action, and 3) Sharing knowledge.

Keywords: geomorphosite, environmental changes, changing lake, Urmia lake, northwest of Iran

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441 Orthodontic Management of Patients with Moebius Syndrome: A Case Report

Authors: Hamna Choudhary

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Background: This clinical case report follows the orthodontic journey of a teenage girl being treated in the Oxfordshire Community Dental Service. She presents with a rare genetic disorder – Moebius syndrome – characterised by unilateral or bilateral facial (CN VII) and abducens (CN VI) nerve palsy. This report seeks to educate Dental professionals on the impact of Moebius syndrome on Dental treatment, and how to make reasonable adjustments to make orthodontic care accessible to these patients. Methodology: Moebius syndrome is a very rare genetic disorder. Across the Oxfordshire Community Dental Service, only two patients with this condition have been identified who are undergoing orthodontic treatment. One of these patients was selected and observed, while the orthodontist (Heather Nevard) was providing orthodontic treatment with fixed appliances. The patient is undergoing treatment to correct her class II division 2 incisor relationship complicated by buccally excluded, transposed maxillary canines. Conclusions: Specific oral presentations of Moebius syndrome include microstomia, micrognathia, tongue malformation, high or cleft palate, bifid uvula and Dental malocclusion. Orthodontics plays a major role in managing and correcting many of these conditions. This emphasises the importance for Dental professionals to be informed on the condition and highlights the need for Dental input in multidisciplinary teams responsible for the care of these patients. Receiving corrective treatment has a significant impact on an individual’s quality of life. In this case, the patient felt much more confident in herself, and having aligned teeth will allow her to better maintain a healthy dentition throughout life. By understanding and educating oneself on Moebius syndrome, one is able to better cater to patient needs and make orthodontic treatment accessible.

Keywords: dentistry, facial palsy, moebius syndrome, orthodontics

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440 Formulation Policy of Criminal Sanction in Indonesian Criminal Justice System

Authors: Dini Dewi Heniarti

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This One of criminal sanctions that are often imposed by the judge is imprisonment. The issue on the imposition of imprisonment has been subject of contentious debate and criticism among various groups for a long time. In practice, the problematics of imprisonment lead to complicated problems. The impact of the reckless imposition of the imprisonment includes among others overcapacity of the correctional institution and increasing crimes within the correctional facilities. Therefore, there is a need for renewal of the existing condemnation paradigm, considering the developing phenomena associated with the penal imposition. Imprisonment as one element of the Indonesian penal system is an important and integral part of the other elements. The philosophy of the current penal system, which still refers to the Criminal Code, still carries the values of retaliation and fault-finding toward the offender. Therefore, it is important to reconstruct a new thought in order to realize a penal system that is represented in the formulation of a more humanistic criminal sanction

Keywords: criminal code, criminal sanction, Indonesian legal system, reconstruction of thought

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439 Conducting Quality Planning, Assurance and Control According to GMP (Good Manufacturing Practices) Standards and Benchmarking Data for Kuwait Food Industries

Authors: Alaa Alateeqi, Sara Aldhulaiee, Sara Alibraheem, Noura Alsaleh

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For the past few decades or so, Kuwait's local food industry has grown remarkably due to increase in demand for processed or semi processed food products in the market. It is important that the ever increasing food manufacturing/processing units maintain the required quality standards as per regional and to some extent international quality requirements. It has been realized that all Kuwait food manufacturing units should understand and follow the international standard practices, and moreover a set of guidelines must be set for quality assurance such that any new business in this area is aware of the minimum requirements. The current study has been undertaken to identify the gaps in Kuwait food industries in following the Good Manufacturing Practices (GMP) in terms of quality planning, control and quality assurance. GMP refers to Good Manufacturing Practices, which are a set of rules, laws or regulations that certify producing products within quality standards and ensuring that it is safe, pure and effective. The present study therefore reports about a ‘case study’ in a reputed food manufacturing unit in Kuwait; starting from assessment of the current practices followed by diagnosis, report of the diagnosis and road map and corrective measures for GMP implementation in the unit. The case study has also been able to identify the best practices and establish a benchmarking data for other companies to follow, through measuring the selected company's quality, policies, products and strategies and compare it with the established benchmarking data. A set of questionnaires and assessment mechanism has been established for companies to identify their ‘benchmarking score’ in relation to the number of non-conformities and conformities with the GMP standard requirements.

Keywords: good manufacturing practices, GMP, benchmarking, Kuwait Food Industries, food quality

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438 Activism: An Experiential Sharing of Impacts on Businesses and Ways to Engage Activists

Authors: Lee Kar Heng

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Activists are people who use strong actions such as public protests or social media accusations in support of or opposition to controversial issues. While activism is the act of using such vigorous campaigns and actions to achieve political or social changes by the activists, today, the pressure and stresses from activism do not only grow in terms of civil rights but also in racial justice, labour reforms, and environmental change, to name a few. Some activism acts are constructive, but many are destructive, and they affect businesses as activists direct their sights on corporations, business entities, and organizations to achieve their supporting objectives beyond reasonable means. The paper attempts to share experiences of businesses being attacked by activists and how the attacks are mitigated. In sharing, this paper will discuss the effectiveness of the activist action and ways to react to them. The positive and negative impacts caused by activists' support action against corporations are also discussed.

Keywords: activism, conflicts, business, social responsibility

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437 Empirical Study of Correlation between the Cost Performance Index Stability and the Project Cost Forecast Accuracy in Construction Projects

Authors: Amin AminiKhafri, James M. Dawson-Edwards, Ryan M. Simpson, Simaan M. AbouRizk

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Earned value management (EVM) has been introduced as an integrated method to combine schedule, budget, and work breakdown structure (WBS). EVM provides various indices to demonstrate project performance including the cost performance index (CPI). CPI is also used to forecast final project cost at completion based on the cost performance during the project execution. Knowing the final project cost during execution can initiate corrective actions, which can enhance project outputs. CPI, however, is not constant during the project, and calculating the final project cost using a variable index is an inaccurate and challenging task for practitioners. Since CPI is based on the cumulative progress values and because of the learning curve effect, CPI variation dampens and stabilizes as project progress. Although various definitions for the CPI stability have been proposed in literature, many scholars have agreed upon the definition that considers a project as stable if the CPI at 20% completion varies less than 0.1 from the final CPI. While 20% completion point is recognized as the stability point for military development projects, construction projects stability have not been studied. In the current study, an empirical study was first conducted using construction project data to determine the stability point for construction projects. Early findings have demonstrated that a majority of construction projects stabilize towards completion (i.e., after 70% completion point). To investigate the effect of CPI stability on cost forecast accuracy, the correlation between CPI stability and project cost at completion forecast accuracy was also investigated. It was determined that as projects progress closer towards completion, variation of the CPI decreases and final project cost forecast accuracy increases. Most projects were found to have 90% accuracy in the final cost forecast at 70% completion point, which is inlined with findings from the CPI stability findings. It can be concluded that early stabilization of the project CPI results in more accurate cost at completion forecasts.

Keywords: cost performance index, earned value management, empirical study, final project cost

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436 The Heart of Sanctuary Movement and the Ethics of Solidarity

Authors: Irene Ludji

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This article discusses the relevance of the sanctuary movement in relation to the idea of solidarity understood through the lens of ethics. There are three parts of this article. First is the investigation on the background of sanctuary movements in the U.S., the UK, and Canada. The repeated theme behind sanctuary movements includes practicing religious traditions, protecting vulnerable life, and challenging the unjust law. Second is the examination of the ethics of solidarity using Thomas D. Williams, who claims it as the extension of responsible love based on respect towards human dignity, and Rebecca Todd Peters, who claims the ethics of solidarity as the transformative ethic rooted in social justice. Third is the analysis of the connection between the central theme of sanctuary movements and the ethics of solidarity. This article concludes that sanctuary movement is indeed a solidarity movement that remains relevant in our world today because the acknowledgment of human dignity, as the basis for solidarity, is vital in transforming an unjust social system that creates the need for a sanctuary in the first place.

Keywords: sanctuary movement, solidarity, ethics, U.S., UK, canada

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435 Mechanisms and Process of an Effective Public Policy Formulation in Islamic Economic System

Authors: Md Abu Saieed

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Crafting and implementing public policy is one of the indispensable works in any form of state and government. But the policy objectives, methods of formulation and tools of implementation might be different based on the ideological nature, historical legacy, structure and capacity of administration and management and other push and factors. Public policy in Islamic economic system needs to be based on the key guidelines of divine scriptures along with other sources of sharia’h. As a representative of Allah (SWT), the governor and other apparatus of the state will formulate and implement public policies which will enable to establish a true welfare state based on justice, equity and equality. The whole life of Prophet Muhammad (pbuh) and his policy in operating state of affairs in Madina is the practical guidelines for the policy actors and professionals in Islamic system of economics. Moreover, policy makers need to be more meticulous in formulating Islamic public policy which meets the needs and demands of contemporary worlds as well.

Keywords: formulation, Islam, public policy, policy factors, Sharia’h

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434 Assessment of Student Attitudes to Higher Education Service Measures: The Development of a Framework for Private Higher Education Institutions in Malaysia

Authors: Farrah Anne Robert, Robert McClelland, Seng Kiat Kok

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Higher education service quality is widely regarded as key factors in the long term success of a higher education institution in attracting and retaining students. This research attempted to establish the impact of service quality on recruiting and retaining students in private higher education institutions (PHEI’s). 501 local and international students responded to a 49 item educational service measure questionnaire from PHEIs in Kuala Lumpur and Selangor, two states in Malaysia which together account for 60% of private colleges in Malaysia. Results from this research revealed that, inter-alia, facilities, employability, management and administration services, academic staff competence, curriculum and student overall experiences were key driving factors in attracting and retaining students. Lack of “campus-like building” facilities and lecturer’s effectiveness in delivering lectures were keys concerns in the provision of service quality by PHEI’s in Malaysia. Over the last decade, the Government of Malaysia has set a target of recruiting 200,000 international students to study in Malaysia by PHEI’s and PHEI’s have failed to achieve this target. This research suggests that service quality issues identified above are impacting efforts to recruit and retain both local and international students by PHEIs. The researcher recommends that further and detailed research be carried on these factors and its impact on recruitment and retention. PHEI administrators can benefit from this research by conducting an evaluation of service measures delivered in their institutions and take corrective measures. Prospective students can benefit from this study by including in their choice factors the “service quality delivery” of PHEI’s when deciding to enroll in a particular PHEI.

Keywords: higher education, recruitment, retention, service quality

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433 Inter Religion Harmony and World Peace: Theory from Shah Wali Ullah's Philosophy

Authors: Muhammad Usman Ghani

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Religious tolerance is essential for the establishment of peace in the world. In the system created by Almighty Allah where a lot of diversity is found, still, this world holds unity itself. In today's world, human beings have been divided into clashes of civilizations or divided on the basis of religions or lingual differences. A religious scholar of Indo- Pak subcontinent describes four ethics, on the basis of which all religions of the world can unite. He says in his philosophy of religion that, there is a number of elements common in all religions but four are very common and they are: cleanliness, nobel deeds, relation to Almighty (existence of Almighty) and justice. He says that this universe also holds its integrity in itself. All humans are different in their attributes but to be a human being is common in them. Similarly, all species of the universe are different in their nature, but to be the creature of God is commonly shared by all of them.

Keywords: inter-religious relation, peace and harmony, unity, four common ethics/virtues

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432 Nigeria’s Terrorists RehabIlitation And Reintegration Policy: A Victimological Perspective

Authors: Ujene Ikem Godspower

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Acts of terror perpetrated either by state or non-state actors are considered a social ill and impugn on the collective well-being of the society. As such, there is the need for social reparations, which is meant to ensure the healing of the social wounds resulting from the atrocities committed by errant individuals under different guises. In order to ensure social closure and effectively repair the damages done by anomic behaviors, society must ensure that justice is served and those whose rights and privileges have been denied and battered are given the necessary succour they deserve. With regards to the ongoing terrorism in the Northeast, the moves to rehabilitate and reintegrate Boko Haram members have commenced with the establishment of Operation Safe Corridor,1 and a proposed bill for the establishment of “National Agency for the Education, Rehabilitation, De-radicalisation and Integration of Repentant Insurgents in Nigeria”2. All of which Nigerians have expressed mixed feelings about. Some argue that the endeavor is lacking in ethical decency and justice and totally insults human reasoning. Terrorism and counterterrorism in Nigeria have been enmeshed in gross human rights violations both by the military and the terrorists, and this raises the concern of Nigeria’s ability to fairly and justiciably implement the deradicalization and reintegration efforts. On the other hand, there is the challenge of the community dwellers that are victims of terrorism and counterterrorism and their ability to forgive and welcome back their immediate-past tormentors even with the slightest sense of injustice in the process of terrorists reintegration and rehabilitation. With such efforts implemented in other climes, the Nigeria’s case poses a unique challenge and commands keen interests by stakeholders and the international community due to the aforementioned reasons. It is therefore pertinent to assess the communities’ level of involvement in the cycle of reintegration- hence, the objective of this paper. Methodologically as a part of my larger PhD thesis, this study intends to explore the three different local governments (Michika in Adamawa, Chibok in Borno, and Yunusari in Yobe), all based on the intensity of terrorists attacks. Twenty five in-depth interview will be conducted in the study locations above featuring religious leaders, Community (traditional) leaders, Internally displaced persons, CSOs management officials, and ex-Boko Haram insurgents who have been reintegrated. The data that will be generated from field work will be analyzed using the Nvivo-12 software package, which will help to code and create themes based on the study objectives. Furthermore, the data will be content-analyzed, employing verbatim quotations where necessary. Ethically, the study will take into consideration the basic ethical principles for research of this nature. It will strictly adhere to the principle of voluntary participation, anonymity, and confidentiality.

Keywords: boko haram, reintegration, rehabilitation, terrorism, victimology

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431 Technology Impact on the Challenge between Human Rights and Cyber Terrorism

Authors: Abanoub Zare Zakaria Herzalla

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The link between terrorism and human rights has become a major challenge in the fight against terrorism around the world. This is based on the fact that terrorism and human rights are so closely linked that when the former starts, the latter are violated. This direct connection was recognized in the Vienna Declaration and Program of Action adopted by the World Conference on Human Rights in Vienna on June 25, 1993, which recognizes that acts of terrorism in all their forms and manifestations aim to destroy the human rights of people. Terrorism therefore represents an attack on our most basic human rights. To this end, the first part of this article focuses on the connections between terrorism and human rights and seeks to highlight the interdependence between these two concepts. The second part discusses the emerging concept of cyberterrorism and its manifestations. An analysis of the fight against cyberterrorism in the context of human rights is also carried out.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security.

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430 The Effect of Artificial Intelligence on Human Rights Obligations and Theories

Authors: Sameh Sarwat Melek Mikheal

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The relationship between development and human rights has long been the subject of academic debate. To understand the dynamics between these two concepts, various principles are adopted, from the right to development to development-based human rights. Despite the initiatives taken, the relationship between development and human rights remains unclear. However, the overlap between these two views and the idea that efforts should be made in the field of human rights have increased in recent years. It is then evaluated whether the right to sustainable development is acceptable or not. This article concludes that the principles of sustainable development are directly or indirectly recognized in various human rights instruments, and this is a good answer to the question posed above. This book therefore cites regional and international human rights agreements such as , as well as the jurisprudence and interpretative guidelines of human rights institutions, to prove this hypothesis.

Keywords: balance, counter-terrorism, cyber-terrorism, human rights, security, violation sustainable development, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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429 Human Rights Impact on Citizens Evolution

Authors: Joseph Marzouk Gerais Abdelmalak

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The interface between development and human rights has long been the subject of academic debate. Therefore, to understand the dynamics between the two concepts, a number of principles have been adopted, ranging from the right to development to a human rights-based approach to development. Despite these attempts, the exact connection between development and human rights is not yet fully understood. However, the inherent interdependence between these two concepts and the idea that development efforts should be undertaken with respect for human rights guarantees have gained momentum in recent years. It will then be examined whether the right to sustainable development is recognized.The article therefore concludes that the principles of sustainable development are recognized, directly or indirectly, in various human rights instruments, which represents a positive answer to the question posed above. Therefore, this work discusses international and regional human rights instruments as well as case law and interpretative guidelines from human rights bodies to demonstrate this hypothesis.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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428 Promoters' Perspectives on the Impact of Development Projects: Do They Suffer from Any Forms of Social Injustice?

Authors: Ola Hosny

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This paper illustrates promoters’ role in any development project and factors affecting their performance. The paper starts by giving an overview of the Egyptian context and the born of non-formal education. This is then followed by answers to the following questions; who are promoters, why build promoters’ skills, do promoters suffer from any forms of social injustice, what is meant by leadership’s skills, why build promoters’ leadership skills in specific, and finally what is the desired final destination. Given the fact that promoters are the actual implementers on ground of any project, this paper pinpoints the extent to which promoters' capacities should be developed to institutionalize projects' values into the community, transfer knowledge, and be able to act as pillars of change to sustain the maximum achievements from any intervention, illustrating the role of education for sustainable development. The paper wraps-up by a conclusion that reflects the main findings.

Keywords: social justice, women's empowerment, gender equity, young rural women, promoters

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427 The Impact of Artificial Intelligence on Human Rights Legislations and Evolution

Authors: Shenouda Farag Aziz Ibrahim

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The relationship between terrorism and human rights has become an important issue in the fight against terrorism worldwide. This is based on the fact that terrorism and human rights are closely linked, so that when the former begins, the latter suffers. This direct link was recognized in the Vienna Declaration and Program of Action adopted by the International Conference on Human Rights held in Vienna on 25 June 1993, which recognized that terrorist acts aim to violate human rights in all their forms and manifestations. . Therefore, terrorism represents an attack on fundamental human rights. For this purpose, the first part of this article focuses on the relationship between terrorism and human rights and aims to show the relationship between these two concepts. In the second part, the concept of cyber threat and its manifestations are discussed. An analysis of the fight against terrorism in the context of human rights was also made..

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security.

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426 Human-Elephant Conflict and Mitigation Measures in Buffer Zone of Bardia National Park, Nepal

Authors: Rabin Paudel, Dambar Bahadur Mahato, Prabin Poudel, Bijaya Neupane, Sakar Jha

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Understanding Human-Elephant Conflict (HEC) is very important in countries like Nepal, where solutions to escalating conflicts are urgently required. However, most of the HEC mitigation measures implemented so far have been done on an ad hoc basis without the detailed understanding of nature and extent of the damage. This study aims to assess the current scenario of HEC in regards to crop and property damages by Wild Asian Elephant and people’s perception towards existing mitigating measures and elephant conservation in Buffer zone area of Bardia National Park. The methods used were a questionnaire survey (N= 178), key-informant interview (N= 18) and focal group discussions (N= 6). Descriptive statistics were used to determine the nature and extent of damage and to understand people’s perception towards HEC, its mitigation measures and elephant conservation. Chi-square test was applied to determine the significance of crop and property damages with respect to distance from the park boundary. Out of all types of damage, crop damage was found to be the highest (51%), followed by house damage (31%) and damage to stored grains (18%) with winter being the season with the greatest elephant damage. Among 178 respondents, the majority of them (82%) were positive towards elephant conservation despite the increment in HEC incidents as perceived by 88% of total respondents. Among the mitigation measures present, the most applied was electric fence (91%) followed by barbed wire fence (5%), reinforced concrete cement wall (3%) and gabion wall (1%). Most effective mitigation measures were reinforced concrete cement wall and gabion wall. To combat increasing crop damage, the insurance policy should be initiated. The efficiency of the mitigation measures should be timely monitored, and corrective measures should be applied as per the need.

Keywords: crop and property damage, elephant conflict, Asiatic wild elephant, mitigation measures

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425 Value Analysis of Islamic Banking and Conventional Banking to Measure Value Co-Creation

Authors: Amna Javed, Hisashi Masuda, Youji Kohda

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This study examines the value analysis in Islamic and conventional banking services in Pakistan. Many scholars have focused on co-creation of values in services but mainly economic values not non-economic. As Islamic banking is based on Islamic principles that are more concerned with non-economic values (well-being, partnership, fairness, trust worthy, and justice) than economic values as money in terms of interest. This study is important to know the providers point of view about the co-created values, because, it may be more sustainable and appropriate for today’s unpredictable socioeconomic environment. Data were collected from 4 banks (2 Islamic and 2 conventional banks). Text mining technique is applied for data analysis, and values with 100% occurrences in Islamic banking are chosen. The results reflect that Islamic banking is more centric towards non-economic values than economic values and it promotes team work and partnership concept by applying Islamic spirit and trust worthiness concept.

Keywords: economic values, Islamic banking, non-economic values, value system

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424 Breaching Treaty Obligations of the Rome Statute of the International Criminal Court: The Case of South Africa

Authors: David Abrahams

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In October 2016 South Africa deposited its ‘instrument of withdrawal’ from the Rome Statute of the International Criminal Court, with the Secretary-General of the United Nations. The Rome Statute is the founding document of the treaty-based International Criminal Court (ICC). The ICC has jurisdiction to hear cases where crimes against humanity, war crimes and genocide have been committed, on the basis of individual criminal responsibility. It is therefore not surprising that one of the ICCs mandates is to ensure that the sufferings, due to gross human rights violations towards the civilian population is, in principle, brought to an end by punishing those individuals responsible, thus providing justice to the victims. The ICC is unable to effectively fulfill its mandate and thus depends, in part on the willingness of states to assist the Court in its functions. This requires states to ratify the Statute and to domesticate its provisions, depending on whether it is a monist or dualist state. South Africa ratified the Statute in November 2000, and domesticated the Statute in 2002 by virtue of the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002. South Africa thus remains under an obligation to cooperate with the ICC until the final date of withdrawal, which is October 2017. An AU Summit was hosted by South Africa during June 2015. Omar Al-Bashir, whom the prosecutor of the ICC has indicted on two separate occasions, was invited to the summit. South Africa made an agreement with the AU that it will honour its obligations in terms of its Diplomatic and Immunities Privileges Act of 2001, by granting immunity to all heads of state, including that of Sudan. This decision by South Africa has raised a plethora of questions regarding the status and hierarchy of international laws versus regional laws versus domestic laws. In particular, this paper explores whether a state’s international law treaty obligations may be suspended in favour of, firstly, regional peace (thus safeguarding the security of the civilian population against further atrocities and other gross violations of human rights), and secondly, head of state immunity. This paper also reflects on the effectiveness of the trias politca in South Africa in relation the manner in which South African courts have confirmed South Africa’s failure in fulfilling its obligations in terms of the Rome Statute. A secondary question which will also be explored, is whether the Rome Statute is currently an effective tool in dealing with gross violations of human rights, particularly in a regional African context, given the desire by a number of African states currently party to the Statute, to engage in a mass exodus from the Statute. Finally, the paper concludes with a proposal that there can be no justice for victims of gross human rights violations unless states are serious in playing an instrumental role in bringing an end to impunity in Africa, and that withdrawing from the ICC without an alternative, effective system in place, will simply perpetuate impunity.

Keywords: African Union, diplomatic immunity, impunity, international criminal court, South Africa

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423 Social Media, Society, and Criminal Victimization: A Qualitative Study on University Students of Bangladesh

Authors: Md. Tawohidul Haque

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The main objective of this study is to explore the nature, types and, causes of the involvement of criminal activities of the university students using social media namely Social Networking Sites (SNS). The evidence shows that the students have greater chance to involve such criminal activities during sharing their personal messages, photos, and even sharing their academic works. Used qualitative case studies with six students from two universities, this study provides a detail information about the processes how this media provokes the students to commit to the criminal activities such as unethical pose, naked picture, post against persona’s prestige and dignity as well as social position, phone call at midnight, personal threats, sexual offer, kidnapping attitude, and so on. This finding would be an important guideline for the media persons, policy makers, restorative justice, and human rights workers.

Keywords: social media, criminal victimization, human gathering scheme, social code of ethics

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422 An Exposition of Principles of Islamic Fiscal Policy

Authors: Muhammad A. Ishaq, S. U. R. Aliyu

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This paper on an exposition of Islamic fiscal policy attempts to discuss the basic principles of Islamic fiscal policy in an Islamic economy. The paper presents a number of definitions of the subject matter, its nature and its tools of application. Government spending, taxation and public borrowings were identified as the tools of the policy. The paper identifies zakat both as a veritable source of revenue and a major instrument of economic stabilization. Furthermore, the paper presents an algebraic 2-sector and 3-sector models from the basic Keynesian model. The paper posits that in view of uniqueness of its instruments, absence of interest rate in the economy and the policy’s derive towards socioeconomic justice and redistribution, Islamic fiscal policy is capable of stabilizing Islamic economy and ushering it into the path of long term economic growth and prosperity.

Keywords: automatic built-in-stabilizers, government spending, Islamic fiscal policy, taxation, zakat

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