Search results for: legal framework
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 6356

Search results for: legal framework

5876 Examining Individual and Organisational Legal Accountability for Sexual Exploitation Perpetrated by International Humanitarian Workers in Haiti

Authors: Elizabeth Carthy

Abstract:

There is growing recognition that sexual exploitation and abuse (SEA) perpetrated by humanitarian workers is widespread, most recently affirmed by allegations of high-ranking Oxfam officials paying women for sex in post-earthquake Haiti. SEA covers a range of gendered abuses, including rape, sexual assault, and ‘transactional’ or ‘survival’ sex. Holding individuals legally accountable for such behaviors is difficult in all contexts even more so in fragile and conflict-affected settings. Transactional sex, for the purposes of this paper, refers to situations where humanitarian workers exchange aid or assistance for sexual services. This paper explores existing organizational accountability measures relating to transactional sex engaged in by international humanitarian workers through a descriptive and interpretive case study approach-examining the situation in Haiti. It comparatively analyses steps the United Nations has taken to combat this problem. Then it examines the possibility of domestic legal accountability for such conduct in Haiti. Finally, the paper argues that international human rights law can fill in potential gaps in domestic legal frameworks to ensure states hold humanitarian workers and potentially organizations accountable for engaging in and/or perpetuating this gendered abuse of power.

Keywords: gender-based violence, humanitarian action, international human rights law, sexual exploitation

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5875 Resource Management Framework in Cloud Computing

Authors: Gagandeep Kaur, Sonal Chawla

Abstract:

In a Cloud Computing environment, resource provisioning, resource allocation and resource scheduling is the most complex issues these days. Cloud User expects the best resource utilization and Cloud Provider expects revenue maximization by considering budget and time constraints. In this research paper, Resource Management Framework has been proposed to allocate the resources to Cloud Users and Cloud Providers in Cloud environment. The main aim of the proposed work is to provide the resources and services to Cloud Providers and Cloud Users in an efficient and effective manner. The proposed framework has been simulated and tested using the CloudSim simulator tool.

Keywords: cloud computing, resource allocation, auction, provisioning

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5874 Polish Police in the Fight against Terrorism and Cyberterrorism

Authors: Izabela Nowicka, Jacek Dworzecki

Abstract:

The paper will be presented to selected legal and organizational solutions for the prevention and combating of terrorism by the police in Poland. Development will include information on the organization and functioning of the police anti-terrorist sub-units, whose officers are on the front line of the fight against terrorism. They will be presented to the conditions and cases of use of firearms by police officers in the course of special operations aimed against organizations and terrorist groups, and the perpetrators of criminal acts of terrorism as well as the legal foundation for the Polish police to take immediate counterterrorism operations. Article will be prepared in the context of an international research project entitled. Understand the Dimensions of Organised Crime and Terrorist Networks for Developing Effective and Efficient Security Solutions for First-line-practitioners and Professionals [Project: H2020-FCT-2015, No: 700688].

Keywords: the fight against terrorism, police, Poland, takedown

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5873 International Protection Mechanisms for Refugees

Authors: Djehich Mohamed Yousri

Abstract:

In recent years, the world has witnessed a phenomenon of displacement that is unprecedented in history. The number of refugees has reached record levels, due to wars, persecution, many conflicts and repression in a number of countries. The interest of United Nations bodies and international and regional organizations in the issue of refugees has increased, as they have defined a refugee and thus Determining who is entitled to this legal protection, and the 1951 Convention for the Protection of Refugees defines rights for refugee protection and sets obligations that they must perform. The institutional mechanisms for refugee protection are represented in the various agencies that take care of refugee affairs. At the forefront of these agencies is the United Nations High Commissioner for Refugees, as well as the various efforts provided by the International Committee of the Red Cross and the United Nations Relief and Works Agency for Palestine Refugees in the Middle East (UNRWA).

Keywords: protection, refugees, international, persecution, legal

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5872 Laundering vs. Blanqueo: Translating Financial Crime Metaphors From English to Spanish

Authors: Stephen Gerome

Abstract:

This study examines the translation and use of metaphors in the realm of public safety discourse and intends to shed light on a continuing problem in cross-cultural communication. Metaphors can cause problems not only within languages but also in interlingual communication. The use and misuse of metaphors may hinder the ability to adequately communicate prevention efforts and, in some cases, facilitate and allow financial crime to go undetected. The use of lexicalized metaphors in communications by political entities, journalists, and legal agents in communications regarding law, policy making, compliance monitoring and enforcement as well as in adjudication can have negative consequences if misconstrued. This study provides examples of metaphor usage in published documents in a corpus linguistic study that compares the use of lexicalized metaphors in this discourse to shed light on possible unexpected consequences as well as counterproductive ones.

Keywords: translation, legal, corpus linguistics, financial

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5871 General Framework for Price Regulation of Container Terminals

Authors: Murat Yildiz, Burcu Yildiz

Abstract:

Price Cap Regulation is a form of economic regulation designed in the 1980s in the United Kingdom. Price cap regulation sets a cap on the price that the utility provider can charge. The cap is set according to several economic factors, such as the price cap index, expected efficiency savings and inflation. It has been used by several countries as a regulatory regime in several sectors. Container port privatization is still in early stages in some countries. Lack of a general framework can be an impediment to privatization. This paper aims a general framework to comprising decisions to be made for variables which are able to accommodate the variety of container terminals. Several approaches that may be needed as well as a passage between approaches.

Keywords: Price Cap Regulation, ports privatization, container terminal price regime, earning sharing

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5870 The International Legal Protection of Foreign Investment Through Bilateral Investment Treaties and Double Taxation Treaties in the Context of International Investment Law and International Tax Law

Authors: Abdulmajeed Abdullah Alqarni

Abstract:

This paper is devoted a study of the current frameworks applicable to foreign investments at the levels of domestic and international law, with a particular focus on the legitimate balance to be achieved between the rights of the host state and the legal protections owed to foreign investors. At the wider level of analysis, the paper attempts to map and critically examine the relationship between foreign investment and economic development. In doing so, the paper offers a study in how current discourses and practices on investment law can reconcile the competing interests of developing and developed countries. The study draws on the growing economic imperative for developing nations to create a favorable investment climate capable of attracting private foreign investment. It notes that that over the past decades, an abundance of legal standards that establish substantive and procedural protections for legal forms of foreign investments in the host countries have evolved and crystalized. The study then goes on to offer a substantive analysis of legal reforms at the domestic level in countries such as Saudi Arabia before going on to provide an in- depth and substantive examination of the most important instruments developed at the levels of international law: bilateral investment agreements and double taxation agreements. As to its methods, the study draws on case studies and from data assessing the link between double taxation and economic development. Drawing from the extant literature and doctrinal research, and international and comparative jurisprudence, the paper excavates and critically examines contemporary definitions and norms of international investment law, many of which have been given concrete form and specificity in an ever-expanding number of bilateral and multilateral investment treaties. By reconsidering the wider challenges of conflicts of law and jurisdiction, and the competing aims of the modern investment law regime, the study reflects on how bilateral investment treaties might succeed in achieving the dual aims of rights protection and economic sovereignty. Through its examination of the double taxation phenomena, the study goes on to identify key practical challenges raised by the implementation of bilateral treaties whilst also assessing the sufficiency of the domestic and international legal solutions that are proposed in response. In its final analysis, the study aims to contribute to existing scholarship by assessing contemporary legal and economic barriers to the free flow of investment with due regard for the legitimate concerns and diversity of developing nations. It does by situating its analysis of the domestic enforcement of international investment instrument in its wider historical and normative context. By focusing on the economic and legal dimensions of foreign investment, the paper also aims to offer an interdisciplinary and holistic perspective on contemporary issues and developments in investment law while offering practical reform proposals that can be used to be achieve a more equitable balance between the rights and interests of states and private entities in an increasingly trans nationalized sphere of investment regulation and treaty arbitration.

Keywords: foreign investment, bilateral investment treaties, international tax law, double taxation treaties

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5869 Consumer Protection Law For Users Mobile Commerce as a Global Effort to Improve Business in Indonesia

Authors: Rina Arum Prastyanti

Abstract:

Information technology has changed the ways of transacting and enabling new opportunities in business transactions. Problems to be faced by consumers M Commerce, among others, the consumer will have difficulty accessing the full information about the products on offer and the forms of transactions given the small screen and limited storage capacity, the need to protect children from various forms of excess supply and usage as well as errors in access and disseminate personal data, not to mention the more complex problems as well as problems agreements, dispute resolution that can protect consumers and assurance of security of personal data. It is no less important is the risk of payment and personal information of payment dal am also an important issue that should be on the swatch solution. The purpose of this study is 1) to describe the phenomenon of the use of Mobile Commerce in Indonesia. 2) To determine the form of legal protection for the consumer use of Mobile Commerce. 3) To get the right type of law so as to provide legal protection for consumers Mobile Commerce users. This research is a descriptive qualitative research. Primary and secondary data sources. This research is a normative law. Engineering conducted engineering research library collection or library research. The analysis technique used is deductive analysis techniques. Growing mobile technology and more affordable prices as well as low rates of provider competition also affects the increasing number of mobile users, Indonesia is placed into 4 HP users in the world, the number of mobile phones in Indonesia is estimated at around 250.1 million telephones with a population of 237 556. 363. Indonesian form of legal protection in the use of mobile commerce still a part of the Law No. 11 of 2008 on Information and Electronic Transactions and until now there is no rule of law that specifically regulates mobile commerce. Legal protection model that can be applied to protect consumers of mobile commerce users ensuring that consumers get information about potential security and privacy challenges they may face in m commerce and measures that can be used to limit the risk. Encourage the development of security measures and built security features. To encourage mobile operators to implement data security policies and measures to prevent unauthorized transactions. Provide appropriate methods both time and effectiveness of redress when consumers suffer financial loss.

Keywords: mobile commerce, legal protection, consumer, effectiveness

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5868 A Framework for Vacant City-Owned Land to Be Utilised for Urban Agriculture: The Case of Cape Town, South Africa

Authors: P. S. Van Staden, M. M. Campbell

Abstract:

Vacant City of Cape Town-owned land lying un-utilized and -productive could be developed for land uses such as urban agriculture that may improve the livelihoods of low income families. The new City of Cape Town zoning scheme includes an Urban Agriculture zoning for the first time. Unstructured qualitative interviews among town planners revealed their optimism about this inclusion as it will provide low-income residents with opportunities to generate an income. An existing farming community at Philippi, located within the municipal boundary of the city, was approached and empirical data obtained through questionnaires provided proof that urban agriculture could be viable in a coastal metropolitan city such as Cape Town even if farmers only produce for their own households. The lease method proposed for urban agriculture is a usufruct agreement conferring the right to another party, other than the legal owner, to enjoy the use and advantages of the property.

Keywords: land uses, urban agriculture, agriculture, food engineering

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5867 The Transnationalization of Anti-Corruption Compliance Programs in Latin America

Authors: Hitalo Silva

Abstract:

The most famous corruption scandals in the past four years were taken in Latin America, especially in Brazil, but besides the stain that these countries suffered in an international field, there was a huge effort to create or modernize its national anti-corruption laws. Also, the countries are implementing new standards for investigations and corporate compliance programs, in order to combat corruption and prevent the money laundering. But here is the following question: is here an invisible uniformization/transnationalization of the anti-corruption systems in Latin America? This new scenario reflects the impacts of the corruption investigations conducted in Latin America countries, such as Car Wash Operation in Brazil, Pretelt Case in Colombia, Gasoducto Sur Peruano case and the Mr. Alex Kouri’s case both in Peru. Legal and institutional pro-transparency reforms were made recently, the companies are trying to implement new standards of conduct and investing in their compliance department. In this sense, there is a huge homogeneity in Latin America concerning the structuring of corporate compliance programs, a truly transnationalization not only of laws but also corporate standards among these countries. Although legislative initiatives vary among the countries, there is a tendency to impose rigid liability standards for the companies being investigated for corruption, not only the personal punishments of their executives, which demonstrate the power of authorities to strength the investigative tools. Also, instruments such as leniency agreements and plea bargain are essential to put a central role in enforcement activities in Latin America. In other words, in a region where six former Presidents were convicted for acts of corruption, and, companies such as Odebrecht that is accused of offering bribes to politicians from Argentina to México, passing through Ecuador, Colombia, Guatemala and Panama, this demonstrates the necessity to increase strength of their legal framework in a sense that unify transnational goals. All things considered, this paper will show how anti-corruption regulators are cooperating in Latin America jurisdictions in order to unify their laws and how the private sector is dealing with this new scenario of corporate culture change.

Keywords: compliance, corruption, investigations, Latin America, transnational

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5866 Towards Effective Public Consultation and Participation in Nigeria: Lessons from Shoreline Management Plans (SMPs) Activities in England

Authors: Taye O. Famuditi, Jonathan Potts, Malcolm Bray

Abstract:

This paper examines the shoreline management planning policy in England and its suitability for ameliorating the diverse environmental problems associated with Nigeria’s coastal zones. It examines the success of SMPs in England since the mid-1990s and progress achieved, with the aim of understudying the current management approach that can be transferred to Nigeria to strengthen its adoption, and as a necessary corollary, implementation of the SMPs. This paper also examines key elements of the shoreline management frameworks in England and provides answers to the question: Would shoreline management planning approach in England be appropriate and feasible in Nigeria? It further concludes that many of the action plans and principles of participation should be adoptable provided that a participatory approach that involves all stakeholders including community members and relevant sectorial ministries as well as appropriate legal framework is encouraged.

Keywords: shoreline management plans, coastal zone management, stakeholder engagement, participatory approach, Nigeria

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5865 Reduction of Process of Evidence in Specific Forms of Criminal Proceeding: Problems and Risks

Authors: Filip Ščerba, Veronika Pochylá

Abstract:

Performing of the acts within criminal proceedings usually takes too long and thus this phenomenon can be regarded as one of the most burning problems which have plagued the criminal justice not only in the Czech Republic but at least all over Europe for the last few decades. This problem obviously has to be dealt with and thus the need to tackle this issue has resulted in the trend which is sometimes called Criminal Justice Rationalization, i.e. introducing and enforcing methods supporting the increase in efficiency of the criminal justice in order to make the criminal proceedings shorter and administrative procedure easier. This resulted in the introduction of institutes such as e.g. diversions in criminal proceedings or other forms of shortened pre-trial proceedings, which may be used primarily for dealing with less serious crimes. But also the institute, which was originally mentioned in connection with the system of criminal law in the countries belonging to the Anglo-Saxon legal order where it is frequently called of plea bargaining, has been introduced into the criminal law of many European countries, and it may be applied also in cases of serious crimes. All these special and shortened forms of criminal proceedings are connected with limited extent of process of evidence; in fact, some of these specific forms of criminal proceedings are designed for the purpose to simplify the process of evidence. That is also the reason, why some of these procedures are conditioned with the defendant’s confession. Main hypothesis: Limited process of evidence represents also a potential conflict with certain fundamental principles upon which the criminal proceeding in the Continental legal system is based. (A conflict with principle of material truth may be considered as the most important problem. This principle states that the bodies in criminal proceedings must clarify the facts of the case beyond reasonable doubt to such extent that a decision can be made; the defendant’s confession does not mean that these bodies are freed from the duty to review all the circumstances and facts of the case. Such principle is typical for criminal law in Central European region.) Basic methodologies: The paper is going to analyze such a problem of weakening of the principle of material truth in modern criminal law. Such analysis will be provided primarily on the base of the Czech criminal law, but also other legal regulations will be taken into consideration, and its result may have some relevance for all legal regulations belonging to the Continental legal system, so the paper offers also a comparison with legal systems of other Central European countries.

Keywords: burden of proof, central European countries, criminal justice rationalization, criminal proceeding, Czech legislation, Czech republic, defendant, diversions, evidence, fundamental principles, plea bargaining, pre-trial proceedings, principle of material truth, process of evidence, process of evidence

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5864 Criteria for Good Governance in Georgian Defense Sector:Standards and Principles

Authors: Vephkhvia Grigalashvili

Abstract:

This paper provides an overview of criteria for good governance in Georgian defense sector and scientific outcomes of comparative research. A respect for good governance and its realization into Georgian national defense sector represents a fundamental institutional necessity as well as country`s politico-legal obligation within the framework of the existing collaboration mechanisms with NATO (especially Building Integrity (BI) Programme) and the Association Agreement between the EU and Georgia. Furthermore good governance is considered as a democracy measuring criterion in country`s Euro-Atlantic integration process. Accordingly, integration and further development of the contemporary approaches of good governance into Georgian defense management model represents a burning issue of the country. The assessment of an existing model of the country, identification of defects and determination of course of institutional reforms in a mutual comparison format of good governance mechanisms of NATO or/and the EU member Eastern European or Baltic countries positively assessed by the international organizations is considered as a precondition for its effective realization. Scientific aims of this study are: (a) to conduct comparative analysis of Georgian national principles and generalized standards of NATO or/and the EU member Eastern European and Baltic countries in following segments of good governance: open governance; anticorruption policy; conflict of interests; integrity; internal and external control bodies; (b) to formulate theoretical and practical recommendations on reforms to be implemented in the country`s national defence sector. As research reveals, although, institutional / legal pillars of good governance in Georgian defense sector generally are in compliance with international principles, the quality of implementation of good government norms still remains as an area that needs further development by raising awareness of public servants and community.

Keywords: anti-corruption policy within Georgian defense governance, conflict of interests within Georgian defense governance, good governance in Georgian defense sector, principles of integrity in Georgian defense management

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5863 Iot Device Cost Effective Storage Architecture and Real-Time Data Analysis/Data Privacy Framework

Authors: Femi Elegbeleye, Omobayo Esan, Muienge Mbodila, Patrick Bowe

Abstract:

This paper focused on cost effective storage architecture using fog and cloud data storage gateway and presented the design of the framework for the data privacy model and data analytics framework on a real-time analysis when using machine learning method. The paper began with the system analysis, system architecture and its component design, as well as the overall system operations. The several results obtained from this study on data privacy model shows that when two or more data privacy model is combined we tend to have a more stronger privacy to our data, and when fog storage gateway have several advantages over using the traditional cloud storage, from our result shows fog has reduced latency/delay, low bandwidth consumption, and energy usage when been compare with cloud storage, therefore, fog storage will help to lessen excessive cost. This paper dwelt more on the system descriptions, the researchers focused on the research design and framework design for the data privacy model, data storage, and real-time analytics. This paper also shows the major system components and their framework specification. And lastly, the overall research system architecture was shown, its structure, and its interrelationships.

Keywords: IoT, fog, cloud, data analysis, data privacy

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5862 Evaluation of Sustainable Blue Economy Development Performance: Method and Case

Authors: Mingbao Chen

Abstract:

After Rio+20, the blue economy rises all over the world, and it has become the focus field of national development. At present, the blue economy has become a new growth point in the field of global economy and the direction of the development of ‘green’ in the ocean. However, in fact, the key factors affecting the development of the blue economy have not been explored in depth, and the development policies and performance of the blue economy have not been scientifically evaluated. This cannot provide useful guidance for the development of the blue economy. Therefore, it is urgent to establish a quantitative evaluation framework to measure the performance of the blue economic development. Based on the full understanding of the connotation and elements of the blue economy, and studying the literature, this article has built an universality and operability evaluation index system, including ecological environment, social justice, sustainable growth, policy measures, and so on. And this article also established a sound evaluation framework of blue economic development performance. At the same time, this article takes China as a sample to test the framework of the adaptability, and to assess the performance of China's blue economic.

Keywords: Blue economy, development performance, evaluation framework, assess method

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5861 Optimisation of Structural Design by Integrating Genetic Algorithms in the Building Information Modelling Environment

Authors: Tofigh Hamidavi, Sepehr Abrishami, Pasquale Ponterosso, David Begg

Abstract:

Structural design and analysis is an important and time-consuming process, particularly at the conceptual design stage. Decisions made at this stage can have an enormous effect on the entire project, as it becomes ever costlier and more difficult to alter the choices made early on in the construction process. Hence, optimisation of the early stages of structural design can provide important efficiencies in terms of cost and time. This paper suggests a structural design optimisation (SDO) framework in which Genetic Algorithms (GAs) may be used to semi-automate the production and optimisation of early structural design alternatives. This framework has the potential to leverage conceptual structural design innovation in Architecture, Engineering and Construction (AEC) projects. Moreover, this framework improves the collaboration between the architectural stage and the structural stage. It will be shown that this SDO framework can make this achievable by generating the structural model based on the extracted data from the architectural model. At the moment, the proposed SDO framework is in the process of validation, involving the distribution of an online questionnaire among structural engineers in the UK.

Keywords: building information, modelling, BIM, genetic algorithm, GA, architecture-engineering-construction, AEC, optimisation, structure, design, population, generation, selection, mutation, crossover, offspring

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5860 An Overview of the Islamic Banking Development in the United Kingdom, Malaysia, Saudi Arabia, Iran, Nigeria, Kenya and Uganda

Authors: Pradeep Kulshrestha, Maulana Ayoub Ali

Abstract:

The level of penetration of Islamic banking products and services has recorded a reasonable growth at an exponential rate in many parts of the world. There are many factors which have contributed to this growth including, but not limited to the rapid growth of number of Muslims who are uncomfortable with the conventional ways of banking, interest and higher interest rates scheduled by conventional banks and financial institutions as well as the financial inclusion campaign conducted in many countries. The system is facing legal challenges which open the research fdoor for practitioners and academicians for the sake of finding out solutions to those challenges. This paper tries to investigate the development of the Islamic banking system in the United Kingdom (UK), Saudi Arabia, Malaysia, Iran, Kenya, Nigeria and Uganda in order to understand the modalities which have been employed to run an Islamic banking system in the aforementioned countries. The methodology which has been employed in doing this research paper is Doctrinal, of which legislations, policies and other legal tools have been carefully studied and analysed. Again, papers from academic journals, books and financial reports have been deeply analysed for the purpose of enriching the paper and come up with a tangible results. The paper found that in Asia, Malaysia has created the smoothest legal platform for Islamic banking system to work properly in the country. The United Kingdom has tried harder to smooth the banking system without affecting the conventional banking methods and without favouring the operations of Islamic banks. It also tries harder to make UK as an Islamic banking and finance hub in Europe. The entire banking system in Iran is Islamic, while Nigeria has undergone several legal reforms to suit Islamic banking system in the country. Kenya and Uganda are at a different pace in making Islamic Banking system work alongside the conventional banking system.  

Keywords: shariah, Islamic banking, law, alternative banking

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5859 Research and Development of Methodology, Tools, Techniques and Methods to Analyze and Design Interface, Media, Pedagogy for Educational Topics to be Delivered via Mobile Technology

Authors: Shimaa Nagro, Russell Campion

Abstract:

Mobile devices are becoming ever more widely available, with growing functionality, and they are increasingly used as enabling technology to give students access to educational material anytime and anywhere. However, the design of educational material's user interfaces for mobile devices is beset by many unresolved research problems such as those arising from constraints associated with mobile devices or from issues linked to effective learning. The proposed research aims to produce: (i) a method framework for the design and evaluation of educational material’s interfaces to be delivered on mobile devices, in multimedia form based on Human Computer Interaction strategies; and (ii) a software tool implemented as a fast-track alternative to use the method framework in full. The investigation will combine qualitative and quantitative methods, including interviews and questionnaires for data collection and three case studies for validating the method framework. The method framework is a framework to enable an educational designer to effectively and efficiently create educational multimedia interfaces to be used on mobile devices by following a particular methodology that contains practical and usable tools and techniques. It is a method framework that accepts any educational material in its final lesson plan and deals with this plan as a static element, it will not suggest any changes in any information given in the lesson plan but it will help the instructor to design his final lesson plan in a multimedia format to be presented in mobile devices.

Keywords: mobile learning, M-Learn, HCI, educational multimedia, interface design

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5858 An Experimental Exploration of the Interaction between Consumer Ethics Perceptions, Legality Evaluations, and Mind-Sets

Authors: Daphne Sobolev, Niklas Voege

Abstract:

During the last three decades, consumer ethics perceptions have attracted the attention of a large number of researchers. Nevertheless, little is known about the effect of the cognitive and situational contexts of the decision on ethics judgments. In this paper, the interrelationship between consumers’ ethics perceptions, legality evaluations and mind-sets are explored. Legality evaluations represent the cognitive context of the ethical judgments, whereas mind-sets represent their situational context. Drawing on moral development theories and priming theories, it is hypothesized that both factors are significantly related to consumer ethics perceptions. To test this hypothesis, 289 participants were allocated to three mind-set experimental conditions and a control group. Participants in the mind-set conditions were primed for aggressiveness, politeness or awareness to the negative legal consequences of breaking the law. Mind-sets were induced using a sentence-unscrambling task, in which target words were included. Ethics and legality judgments were assessed using consumer ethics and internet ethics questionnaires. All participants were asked to rate the ethicality and legality of consumer actions described in the questionnaires. The results showed that consumer ethics and legality perceptions were significantly correlated. Moreover, including legality evaluations as a variable in ethics judgment models increased the predictive power of the models. In addition, inducing aggressiveness in participants reduced their sensitivity to ethical issues; priming awareness to negative legal consequences increased their sensitivity to ethics when uncertainty about the legality of the judged scenario was high. Furthermore, the correlation between ethics and legality judgments was significant overall mind-set conditions. However, the results revealed conflicts between ethics and legality perceptions: consumers considered 10%-14% of the presented behaviors unethical and legal, or ethical and illegal. In 10-23% of the questions, participants indicated that they did not know whether the described action was legal or not. In addition, an asymmetry between the effects of aggressiveness and politeness priming was found. The results show that the legality judgments and mind-sets interact with consumer ethics perceptions. Thus, they portray consumer ethical judgments as dynamical processes which are inseparable from other cognitive processes and situational variables. They highlight that legal and ethical education, as well as adequate situational cues at the service place, could have a positive effect on consumer ethics perceptions. Theoretical contribution is discussed.

Keywords: consumer ethics, legality judgments, mind-set, priming, aggressiveness

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5857 Peculiar Implications of Self Perceived Identity as Policy Tool for Transgender Recognition in Pakistan

Authors: Hamza Iftikhar

Abstract:

The research study focuses on the transgender community's gender recognition challenges. It is one of the issues for the transgender community, interacting directly with the difficulties of gender identity and the lives of these people who are facing gender disapproval from society. This study investigates the major flaws of the transgender act. The study's goal is to look into the strange implications of self-perceived identity as a policy tool for transgender recognition. This policy tool jeopardises the rights of Pakistan's indigenous gender-variant people as well as the country's legal and social framework. Qualitative research using semi structured interviews will be carried out. This study proposes developing a scheme for mainstreaming gender-variant people on the basis of the Pakistani Constitution, Supreme Court guidelines, and internationally recognised principles of law. This would necessitate a thorough review of current law using a new approach and reference point.

Keywords: transgender act, self perceived identity, gender variant, policy tool

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5856 An Analysis of a Canadian Personalized Learning Curriculum

Authors: Ruthanne Tobin

Abstract:

The shift to a personalized learning (PL) curriculum in Canada represents an innovative approach to teaching and learning that is also evident in various initiatives across the 32-nation OECD. The premise behind PL is that empowering individual learners to have more input into how they access and construct knowledge, and express their understanding of it, will result in more meaningful school experiences and academic success. In this paper presentation, the author reports on a document analysis of the new curriculum in the province of British Columbia. Three theoretical frameworks are used to analyze the new curriculum. Framework 1 focuses on five dominant aspects (FDA) of PL at the classroom level. Framework 2 focuses on conceptualizing and enacting personalized learning (CEPL) within three spheres of influence. Framework 3 focuses on the integration of three types of knowledge (content, technological, and pedagogical). Analysis is ongoing, but preliminary findings suggest that the new curriculum addresses framework 1 quite well, which identifies five areas of personalized learning: 1) assessment for learning; 2) effective teaching and learning; 3) curriculum entitlement (choice); 4) school organization; and 5) “beyond the classroom walls” (learning in the community). Framework 2 appears to be less well developed in the new curriculum. This framework speaks to the dynamics of PL within three spheres of interaction: 1) nested agency, comprised of overarching constraints [and enablers] from policy makers, school administrators and community; 2) relational agency, which refers to a capacity for professionals to develop a network of expertise to serve shared goals; and 3) students’ personalized learning experience, which integrates differentiation with self-regulation strategies. Framework 3 appears to be well executed in the new PL curriculum, as it employs the theoretical model of technological, pedagogical content knowledge (TPACK) in which there are three interdependent bodies of knowledge. Notable within this framework is the emphasis on the pairing of technologies with excellent pedagogies to significantly assist students and teachers. This work will be of high relevance to educators interested in innovative school reform.

Keywords: curriculum reform, K-12 school change, innovations in education, personalized learning

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5855 Arabic Scholar’s Governance Advocacy and Nigeria’s National Security in Nigeria: Perspective of Al-Shaykh Usman Bin Fodio

Authors: Mohammad Jamiu Abdullahi, Shykh Ahmed Abdussalam

Abstract:

The emergence of Arabic on the shore of West Africa heralded the practise of Islam and advocation for a just and egalitarian society. Islam, it was argued, has been perverted and subverted by the Hausa leadership. This necessitated the call for reforming Islam. Al-Shaykh Usman Bin Fodio grabbed the opportunity and fought the perverts to restore the glory of Islam and establish shari'ah way of life. This was the practice, especially in the northern part of Nigeria until the incursion of colonialism. The conquest of the colonial master halted the rule of jihadi leaderships and subjected them to colonialism under which only some aspects of Islamic system considered potentially beneficial to the British interest were retained. The current socio-political and economic crises in Nigeria has necessitated the need to look inwardly to the bulk of works, in Arabic, left behind by the Muslim scholars to help to salvage the country from its present political crisis, economic paralysis and legal decadence. This paper, therefore, examines the relevance of Arabic literary works that housed political/legal theories to salvaging the country from its present political crises, economic paralysis and legal decadence.

Keywords: Arabic Fodio Nigeria security, advocacy governance scholar Usman, British colonial perspective shaykh, leadership Islam jihad politics

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5854 Determinants of Success of University Industry Collaboration in the Science Academic Units at Makerere University

Authors: Mukisa Simon Peter Turker, Etomaru Irene

Abstract:

This study examined factors determining the success of University-Industry Collaboration (UIC) in the science academic units (SAUs) at Makerere University. This was prompted by concerns about weak linkages between industry and the academic units at Makerere University. The study examined institutional, relational, output, and framework factors determining the success of UIC in the science academic units at Makerere University. The study adopted a predictive cross-sectional survey design. Data was collected using a questionnaire survey from 172 academic staff from the six SAUs at Makerere University. Stratified, proportionate, and simple random sampling techniques were used to select the samples. The study used descriptive statistics and linear multiple regression analysis to analyze data. The study findings reveal a coefficient of determination (R-square) of 0.403 at a significance level of 0.000, suggesting that UIC success was 40.3% at a standardized error of estimate of 0.60188. The strength of association between Institutional factors, Relational factors, Output factors, and Framework factors, taking into consideration all interactions among the study variables, was at 64% (R= 0.635). Institutional, Relational, Output and Framework factors accounted for 34% of the variance in the level of UIC success (adjusted R2 = 0.338). The remaining variance of 66% is explained by factors other than Institutional, Relational, Output, and Framework factors. The standardized coefficient statistics revealed that Relational factors (β = 0.454, t = 5.247, p = 0.000) and Framework factors (β = 0.311, t = 3.770, p = 0.000) are the only statistically significant determinants of the success of UIC in the SAU in Makerere University. Output factors (β = 0.082, t =1.096, p = 0.275) and Institutional factors β = 0.023, t = 0.292, p = 0.771) turned out to be statistically insignificant determinants of the success of UIC in the science academic units at Makerere University. The study concludes that Relational Factors and Framework Factors positively and significantly determine the success of UIC, but output factors and institutional factors are not statistically significant determinants of UIC in the SAUs at Makerere University. The study recommends strategies to consolidate Relational and Framework Factors to enhance UIC at Makerere University and further research on the effects of Institutional and Output factors on the success of UIC in universities.

Keywords: university-industry collaboration, output factors, relational factors, framework factors, institutional factors

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5853 Commercialization of Innovative Technologies: Strategic Licensing in Patent Infringement Cases

Authors: Amaliny Yoganathan-Hasselbeck

Abstract:

Based on the assumption, that strategic licensing is more valuable and sustainable for the economy than a legal dispute and action for an injunction, the strategy of licensing in patent infringement cases was studied. A theoretical framework was developed based on the transaction costs approach, describing the major variables within the process of licensing to an alleged patent infringer. An exploratory case study analysis was conducted on the basis of expert interviews with patent licensing agencies, patent attorneys, licensing departments of companies and research institutions. Key findings define the major criteria in each step of the licensing process and include the factors determining the intensity of patent tracking e.g. patent policies, the decision criteria when dealing with patent infringement cases, e.g. market position and reputation, and the transaction itself starting with the initiation of the contact with the alleged patent infringer, negotiating the licensing contract and monitoring the license agreement.

Keywords: innovation, licensing, patent, patent infringement, strategy, technology

Procedia PDF Downloads 478
5852 Administrative and Legal Instruments of Disciplining Maintenance Debtors in Poland - A Critical Analysis of Their Effectiveness

Authors: Tomasz Kosicki

Abstract:

The subject of the presentation will be the administrative and legal instruments of disciplining maintenance debtors adopted by the Polish legislator, the substantive legal bases of which were adopted in the Act of 7 September 2007 on assistance to persons entitled to maintenance (Journal of Laws of 2022, item 1205). These provisions are complemented by procedural regulations resulting from the Act of 14 June 1960 - Code of Administrative Procedure (Journal of Laws of 2021, item 735, as amended). The first part of the paper will focus on the administrative proceedings regarding the recognition of the debtor as evading maintenance obligations. The initiation of this procedure ex officio is preceded by a number of actions by public administration bodies, including Conducting a maintenance interview with the debtor, during which his health and professional situation and the reasons for non-payment of maintenance are determined, Professional activation in a situation where the lack of payment of maintenance results from the lack of employment. The reasons for initiating the above-mentioned administrative proceedings ex officio will be indicated, taking into account the current views of the judicial decisions. The second part of the paper will focus on the instrument of retaining the driving license of the debtor, who was previously found to be evading maintenance. The author points out that the detention of the driving license is one of the types of administrative sanctions of a very severe nature. Doubts of a constitutional nature will also be highlighted, as well as those concerning the effectiveness of this legal instrument and the protection of the debtor's rights. The thesis will be presented that the administrative procedure for the retention of a driving license does not fulfill its role and especially does not affect the collection of maintenance obligations from debtors. All the considerations will be based on the current and most representative views of the literature on the subject and the jurisprudence of Polish administrative courts.

Keywords: maintenance debtor, administrative proceedings, detention of driving license, administrative sanction, polish administrative law, public administration

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5851 Developing a Simulation-Based Optimization Framework to Perform Energy Simulation for Indian Buildings

Authors: Sujoy Anirudha Das, Albert Thomas

Abstract:

Building sector is a major consumer of energy globally, and it has corresponding effects to the environment with respect to the carbon emissions. Given the fact that India is expected to add 40-billion square meter of new buildings till 2050, we need frameworks that help in reducing the overall energy consumption in the building sector. Even though several simulation-based frameworks that help in analyzing the building energy consumption are developed globally, in the Indian context, to the best of our knowledge, there is a lack of a comprehensive, yet user-friendly framework to simulate and optimize the effects of various energy influencing factors, specifically for Indian buildings. Therefore, this study is aimed at developing a simulation-based optimization framework to model the energy interactions in different types of Indian buildings by considering the dynamic nature of various energy influencing factors. This comprehensive framework can be used by various building stakeholders to test the energy effects of different factors such as, but not limited to, the various building materials, the orientation, the weather fluctuations, occupancy changes and the type of the building (e.g., office, residential). The results from the case study involving several building types would help us in gaining insights to build new energy-efficient buildings as well as retrofit the existing structures in a more convenient way to consume less energy, exclusively for an Indian scenario.

Keywords: building energy consumption, building energy simulations, energy efficient buildings, optimization framework

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5850 Safety Conditions Analysis of Scaffolding on Construction Sites

Authors: M. Pieńko, A. Robak, E. Błazik-Borowa, J. Szer

Abstract:

This paper presents the results of analysis of 100 full-scale scaffolding structures in terms of compliance with legal acts and safety of use. In 2016 and 2017, authors examined scaffolds in Poland located at buildings which were at construction or renovation stage. The basic elements affecting the safety of scaffolding use such as anchors, supports, platforms, guardrails and toe-boards have been taken into account. All of these elements were checked in each of considered scaffolding. Based on the analyzed scaffoldings, the most common errors concerning assembly process and use of scaffolding were collected. Legal acts on the scaffoldings are not always clear, and this causes many issues. In practice, people realize how dangerous the use of incomplete scaffolds is only when the accident occurs. Despite the fact that the scaffolding should ensure the safety of its users, most accidents on construction sites are caused by fall from a height.

Keywords: façade scaffolds, load capacity, practice, safety of people

Procedia PDF Downloads 403
5849 Framework for Socio-Technical Issues in Requirements Engineering for Developing Resilient Machine Vision Systems Using Levels of Automation through the Lifecycle

Authors: Ryan Messina, Mehedi Hasan

Abstract:

This research is to examine the impacts of using data to generate performance requirements for automation in visual inspections using machine vision. These situations are intended for design and how projects can smooth the transfer of tacit knowledge to using an algorithm. We have proposed a framework when specifying machine vision systems. This framework utilizes varying levels of automation as contingency planning to reduce data processing complexity. Using data assists in extracting tacit knowledge from those who can perform the manual tasks to assist design the system; this means that real data from the system is always referenced and minimizes errors between participating parties. We propose using three indicators to know if the project has a high risk of failing to meet requirements related to accuracy and reliability. All systems tested achieved a better integration into operations after applying the framework.

Keywords: automation, contingency planning, continuous engineering, control theory, machine vision, system requirements, system thinking

Procedia PDF Downloads 204
5848 Developing City-Level Sustainability Indicators in the Mena Region with the Case of Benghazi and Amman

Authors: Serag El Hegazi

Abstract:

The development of an assessment methodological framework for local and institutional sustainability is a key factor for future development plans and visions. This paper develops an approach to local and institutional sustainability assessment (ALISA). The ALISA methodology is a methodological framework that assists in the clarification, formulation, preparation, selection, and ranking of key indicators to facilitate the assessment of the level of sustainability at the local and institutional levels in North African and Middle Eastern cities. According to the literature review, this paper formulates a methodological framework, ALISA, which is a combination of the UNCSD (2001) Theme Indicators Framework and the issue-based Framework illustrated by McLaren (1996). The methodological framework has been implemented to formulate, select, and prioritise key indicators that most directly reflect the issues of a case study at the local community and institutional level. Yet, in the meantime, there is a lack of clear indicators and frameworks that can be developed to apply successfully at the local and institutional levels in the MENA Region, particularly in the cities of Benghazi and Amman. This is an essential issue for sustainability development estimation. Therefore, a conceptual framework was developed to be tested as a methodology to collect and classify data. The Approach to Local and Institutional Sustainability Assessment (ALISA) is a methodological framework that was developed to apply to certain cities in the MENA region. The main goal is to develop the ALISA framework to formulate, choose, and prioritize sustainability key indicators, which then can assist in guiding an assessment progress to improve decisions and policymakers towards the development of sustainable cities at the local and institutional level in the city of Benghazi. The conceptual, methodological framework, which supports this research with joint documentary and analysed data in two case studies, including focus-group discussions, semi-structured interviews, and questionnaires, reflects the approach required to develop a combined framework that assists the development of sustainability indicators. To achieve this progress and reach the aim of this paper, which is developing a practical approach for sustainability indicators framework that could be used as a tool to develop local and institutional sustainability indicators, appropriate stages must be applied to propose a set of local and institutional sustainability indicators as follows: Step one: issues clarifications, Step two: objectives formation/analysing of issues and boundaries, Step three: indicators preparation, First list of proposed indictors, Step four: indicator selection, Step five: indicator rating/ranking.

Keywords: sustainability indicators, approach to local and institutional level, ALISA, policymakers

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5847 Enhanced Planar Pattern Tracking for an Outdoor Augmented Reality System

Authors: L. Yu, W. K. Li, S. K. Ong, A. Y. C. Nee

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In this paper, a scalable augmented reality framework for handheld devices is presented. The presented framework is enabled by using a server-client data communication structure, in which the search for tracking targets among a database of images is performed on the server-side while pixel-wise 3D tracking is performed on the client-side, which, in this case, is a handheld mobile device. Image search on the server-side adopts a residual-enhanced image descriptors representation that gives the framework a scalability property. The tracking algorithm on the client-side is based on a gravity-aligned feature descriptor which takes the advantage of a sensor-equipped mobile device and an optimized intensity-based image alignment approach that ensures the accuracy of 3D tracking. Automatic content streaming is achieved by using a key-frame selection algorithm, client working phase monitoring and standardized rules for content communication between the server and client. The recognition accuracy test performed on a standard dataset shows that the method adopted in the presented framework outperforms the Bag-of-Words (BoW) method that has been used in some of the previous systems. Experimental test conducted on a set of video sequences indicated the real-time performance of the tracking system with a frame rate at 15-30 frames per second. The presented framework is exposed to be functional in practical situations with a demonstration application on a campus walk-around.

Keywords: augmented reality framework, server-client model, vision-based tracking, image search

Procedia PDF Downloads 275