Search results for: comparative constitutional law
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1626

Search results for: comparative constitutional law

1116 Machine Learning Techniques to Develop Traffic Accident Frequency Prediction Models

Authors: Rodrigo Aguiar, Adelino Ferreira

Abstract:

Road traffic accidents are the leading cause of unnatural death and injuries worldwide, representing a significant problem of road safety. In this context, the use of artificial intelligence with advanced machine learning techniques has gained prominence as a promising approach to predict traffic accidents. This article investigates the application of machine learning algorithms to develop traffic accident frequency prediction models. Models are evaluated based on performance metrics, making it possible to do a comparative analysis with traditional prediction approaches. The results suggest that machine learning can provide a powerful tool for accident prediction, which will contribute to making more informed decisions regarding road safety.

Keywords: machine learning, artificial intelligence, frequency of accidents, road safety

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1115 Steps toward the Support Model of Decision-Making in Hungary: The Impact of the Article 12 of the UN Convention on the Rights of Persons with Disabilities on the Hungarian National Legislation

Authors: Szilvia Halmos

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Hungary was one of the first countries to sign and ratify the UN Convention on the Rights of Persons with Disabilities (hereinafter: CRPD). Consequently, Hungary assumed an obligation under international law to review the national law in the light of the Article 12 of the CRPD requiring the States parties to guarantee the equality of persons with disabilities in terms of legal capacity, and to replace the regimes of substitute decision-making by the instruments of supported decision-making. This article is often characterized as one of the key norms of the CRPD, since the legal autonomy of the persons with disabilities is an essential precondition of their participation in the social life on an equal basis with others, envisaged by the social paradigm of disability. This paper examines the impact of the CRPD on the relevant Hungarian national legal norms, with special focus on the relevant rules of the recently codified Civil Code. The employed research methodologies include (1) the specification of the implementation requirements imposed by the Article 12 of the CRPD, (2) the determination of the indicators of the appropriate implementation, (3) the critical analysis of compliance of the relevant Hungarian legal regulation with the indicators, (4) with respect to the relevant case law of the Hungarian Constitutional Court and ordinary courts, the European Court of Human Rights and the Committee of Rights of Persons with Disabilities and (5) to the available empirical figures on the functioning of substitute and supported decision-making regimes. It will be established that the new Civil Code has made large steps toward the equality of persons with disabilities in terms of legal capacity and the support model of decision-making by the introduction of some specific instruments of supported decision-making and the restriction of the application of guardianship. Nevertheless, the regulation currently in effect fails to represent some crucial principles of the Article 12 of the CRPD, such as the non-discrimination of persons with psycho-social disabilities, the support of the articulation of the will and preferences of the individual instead of his/her best interest in the course of decision-making. The changes in the practice of the substitute and the support model brought about by the new legal norms can also be assessed as significant, however, so far unsatisfactory. The number of registered supporters is rather low, and the preconditions of the effective functioning of the support (e.g. the proper training of the supporters) are not ensured.

Keywords: Article 12 of the UN CRPD, Hungarian law on legal capacity, persons with intellectual and psycho-social disabilities, supported decision-making

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1114 Solutions of Fuzzy Transportation Problem Using Best Candidates Method and Different Ranking Techniques

Authors: M. S. Annie Christi

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Transportation Problem (TP) is based on supply and demand of commodities transported from one source to the different destinations. Usual methods for finding solution of TPs are North-West Corner Rule, Least Cost Method Vogel’s Approximation Method etc. The transportation costs tend to vary at each time. We can use fuzzy numbers which would give solution according to this situation. In this study the Best Candidate Method (BCM) is applied. For ranking Centroid Ranking Technique (CRT) and Robust Ranking Technique have been adopted to transform the fuzzy TP and the above methods are applied to EDWARDS Vacuum Company, Crawley, in West Sussex in the United Kingdom. A Comparative study is also given. We see that the transportation cost can be minimized by the application of CRT under BCM.

Keywords: best candidate method, centroid ranking technique, fuzzy transportation problem, robust ranking technique, transportation problem

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1113 Designing a Pregnancy Interactive Information Design for a Mobile Application

Authors: Thomas Adi Purnomo Sidhi

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The importance of designing a pregnancy interactive information design for a mobile application is felt in order to assist pregnant women to get an easy access of highly credible pregnancy-related information on which often fail to be fulfilled, while it has been a very critical one. Thus, an observation of needs assessment for designing a pregnancy interactive information system design for a mobile application at iOS becomes current objective study. A comparative study of the top five pregnancy interactive information design available at the Apple Store conducted in order to fulfill it. Whilst, an observation of user experiences included for deeper analyzes. Moreover, a literature study conducted to support the arguments that being provided in the current study. The findings, surprisingly, also reveal the advantages of local wisdom in pregnancy that never been attached to those top five applications before.

Keywords: information system design, interactive design, local wisdom, pregnancy

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1112 The Research on Human Resource Management Problem of Turkish Fast Food Company

Authors: Mai Maitiaili Tuerdi

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Turkey is one of the countries in which fast food service is growing increasingly in the world. The emergence of KFC and McDonald's to Turkish market is affecting every aspects of local fast-food services. The Turkey's famous catering companies named "Simit Sarayi" and "Güllüoğlu" are famous for accepting the Western fast food management service and skills in order to increase their market share. Also, they have created their unique management skills in this field. In this paper, through empirical and comparative study method we will analyze the famous Turkish local fast-food companies and western human resource management. We will argue how to create and adapt the human resource management while the company is economically and socially growing.

Keywords: human resources management, Turkey, fast food, management

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1111 A CFD Analysis of Hydraulic Characteristics of the Rod Bundles in the BREST-OD-300 Wire-Spaced Fuel Assemblies

Authors: Dmitry V. Fomichev, Vladimir V. Solonin

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This paper presents the findings from a numerical simulation of the flow in 37-rod fuel assembly models spaced by a double-wire trapezoidal wrapping as applied to the BREST-OD-300 experimental nuclear reactor. Data on a high static pressure distribution within the models, and equations for determining the fuel bundle flow friction factors have been obtained. Recommendations are provided on using the closing turbulence models available in the ANSYS Fluent. A comparative analysis has been performed against the existing empirical equations for determining the flow friction factors. The calculated and experimental data fit has been shown. An analysis into the experimental data and results of the numerical simulation of the BREST-OD-300 fuel rod assembly hydrodynamic performance are presented.

Keywords: BREST-OD-300, ware-spaces, fuel assembly, computation fluid dynamics

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1110 Captive Insurance in Hong Kong and Singapore: A Promising Risk Management Solution for Asian Companies

Authors: Jin Sheng

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This paper addresses a promising area of insurance sector to develop in Asia. Captive insurance, which provides risk-mitigation services for its parent company, has great potentials to develop in energy, infrastructure, agriculture, logistics, catastrophe, and alternative risk transfer (ART), and will greatly affect the framework of insurance industry. However, the Asian captive insurance market only takes a small proportion in the global market. The recent supply chain interruption case of Hanjin Shipping indicates the significance of risk management for an Asian company’s sustainability and resilience. China has substantial needs and great potentials to develop captive insurance, on account of the currency volatility, enterprises’ credit risks, and legal and operational risks of the Belt and Road initiative. Up to date, Mainland Chinese enterprises only have four offshore captives incorporated by CNOOC, Sinopec, Lenovo and CGN Power), three onshore captive insurance companies incorporated by CNPC, China Railway, and COSCO, as well as one industrial captive insurance organization - China Ship-owners Mutual Assurance Association. Its captive market grows slowly with one or two captive insurers licensed yearly after September 2011. As an international financial center, Hong Kong has comparative advantages in taxation, professionals, market access and well-established financial infrastructure to develop a functional captive insurance market. For example, Hong Kong’s income tax for an insurance company is 16.5%; while China's income tax for an insurance company is 25% plus business tax of 5%. Furthermore, restrictions on market entry and operations of China’s onshore captives make establishing offshore captives in international or regional captive insurance centers such as Singapore, Hong Kong, and other overseas jurisdictions to become attractive options. Thus, there are abundant business opportunities in this area. Using methodology of comparative studies and case analysis, this paper discusses the incorporation, regulatory issues, taxation and prospect of captive insurance market in Hong Kong, China and Singapore. Hong Kong and Singapore are both international financial centers with prominent advantages in tax concessions, technology, implementation, professional services, and well-functioning legal system. Singapore, as the domicile of 71 active captives, has been the largest captive insurance hub in Asia, as well as an established reinsurance hub. Hong Kong is an emerging captive insurance hub with 5 to 10 newly licensed captives each year, according to the Hong Kong Financial Services Development Council. It is predicted that Hong Kong will become a domicile for 50 captive insurers by 2025. This paper also compares the formation of a captive in Singapore with other jurisdictions such as Bermuda and Vermont.

Keywords: Alternative Risk Transfer (ART), captive insurance company, offshore captives, risk management, reinsurance, self-insurance fund

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1109 Multi-Scaled Non-Local Means Filter for Medical Images Denoising: Empirical Mode Decomposition vs. Wavelet Transform

Authors: Hana Rabbouch

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In recent years, there has been considerable growth of denoising techniques mainly devoted to medical imaging. This important evolution is not only due to the progress of computing techniques, but also to the emergence of multi-resolution analysis (MRA) on both mathematical and algorithmic bases. In this paper, a comparative study is conducted between the two best-known MRA-based decomposition techniques: the Empirical Mode Decomposition (EMD) and the Discrete Wavelet Transform (DWT). The comparison is carried out in a framework of multi-scale denoising, where a Non-Local Means (NLM) filter is performed scale-by-scale to a sample of benchmark medical images. The results prove the effectiveness of the multiscaled denoising, especially when the NLM filtering is coupled with the EMD.

Keywords: medical imaging, non local means, denoising, multiscaled analysis, empirical mode decomposition, wavelets

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1108 Comparative between Different Methodological Procedures Used to Obtain Information on the First Lexical Development in Bilingual Basque-Spanish Children

Authors: Asier Romero Andonegi, Irati De Pablo Delgado

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The objective of this study is to explore the different methodological procedures that are used to obtain information on the early linguistic development of children. To this end, two different methodological procedures were carried out on the same sample: on the one hand, the MacArthur-Bates Communicative Development Inventories, in its adaptations in Spanish and Basque; and on the other hand, longitudinal observation through professional software: ELAN and CHAT. The sample consists of 8 Basque children/ages 16 to 30 months with different mother tongue (L1). The results show the usefulness of inventories in obtaining information on the development of early communication and language skills, but also their limitations mostly focused on the interpretive overvaluation of their children’s lexical development.

Keywords: early language development, language evaluation, lexicon, MacArthur-Bates communicative development inventories

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1107 Comparative Germination Studies in Mature Seeds of Haloxylon Salicornicum

Authors: Laila Almulla

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As native plants are better adapted to the local environment, can endure long spells of drought, withstand high soil salinity levels and provide a more natural effect to landscape projects, their use in landscape projects are gaining popularity. Standardization of seed germination methods and raising the hardened plants of selected native plants for their use in landscape projects will both conserve natural resources and produce sustainable greenery. In the present study, Haloxylon salicornicum, a perennial herb with a potential use for urban greenery was selected for seed germination tests as there is an urgent need to mass multiply them for their large-scale use. Among the nine treatments tried with different concentrations of gibberelic acid (GA3) and dry heat, the seeds responded with treatments when the wings were removed. The control as well as 250 GA3 treatments produced the maximum germination of 86%.

Keywords: dormancy, gibberelic acid, germination trays , vigor index

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1106 A Comparative Study of Approaches in User-Centred Health Information Retrieval

Authors: Harsh Thakkar, Ganesh Iyer

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In this paper, we survey various user-centered or context-based biomedical health information retrieval systems. We present and discuss the performance of systems submitted in CLEF eHealth 2014 Task 3 for this purpose. We classify and focus on comparing the two most prevalent retrieval models in biomedical information retrieval namely: Language Model (LM) and Vector Space Model (VSM). We also report on the effectiveness of using external medical resources and ontologies like MeSH, Metamap, UMLS, etc. We observed that the LM based retrieval systems outperform VSM based systems on various fronts. From the results we conclude that the state-of-art system scores for MAP was 0.4146, P@10 was 0.7560 and NDCG@10 was 0.7445, respectively. All of these score were reported by systems built on language modeling approaches.

Keywords: clinical document retrieval, concept-based information retrieval, query expansion, language models, vector space models

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1105 Population Size Estimation Based on the GPD

Authors: O. Anan, D. Böhning, A. Maruotti

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The purpose of the study is to estimate the elusive target population size under a truncated count model that accounts for heterogeneity. The purposed estimator is based on the generalized Poisson distribution (GPD), which extends the Poisson distribution by adding a dispersion parameter. Thus, it becomes an useful model for capture-recapture data where concurrent events are not homogeneous. In addition, it can account for over-dispersion and under-dispersion. The ratios of neighboring frequency counts are used as a tool for investigating the validity of whether generalized Poisson or Poisson distribution. Since capture-recapture approaches do not provide the zero counts, the estimated parameters can be achieved by modifying the EM-algorithm technique for the zero-truncated generalized Poisson distribution. The properties and the comparative performance of proposed estimator were investigated through simulation studies. Furthermore, some empirical examples are represented insights on the behavior of the estimators.

Keywords: capture, recapture methods, ratio plot, heterogeneous population, zero-truncated count

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1104 Degree in Translation and Years of Professional Experience: Predictors of Translation Quality

Authors: Mohsen Varzande

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Translators’ professional and academic characteristics may directly influence their translation quality. The present study aimed at investigating whether translators’ degree in translation and years of professional experience predict their translation quality. Following a causal-comparative study, a sample of one hundred professional translators was selected using purposive sampling method. The participants were divided into two groups each containing individuals with and without a degree in translation, respectively. The participants were asked to translate a paragraph to assess their translation quality. For data analysis, appropriate statistical procedures including correlation and regression were used. Results showed that both degree in translation and years of professional experience significantly predict translation quality. Also, the interaction of translators’ years of professional experience and degree in translation significantly affect their translation quality. An implication could be that besides providing translators with academic knowledge and theories, practical training in translation is necessary as a prerequisite for a competent translator.

Keywords: translation, degree in translation, translation quality, professional experience

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1103 Reinforcing The Nagoya Protocol through a Coherent Global Intellectual Property Framework: Effective Protection for Traditional Knowledge Associated with Genetic Resources in Biodiverse African States

Authors: Oluwatobiloba Moody

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On October 12, 2014, the Nagoya Protocol, negotiated by Parties to the Convention on Biological Diversity (CBD), entered into force. The Protocol was negotiated to implement the third objective of the CBD which relates to the fair and equitable sharing of benefits arising from the utilization of genetic resources (GRs). The Protocol aims to ‘protect’ GRs and traditional knowledge (TK) associated with GRs from ‘biopiracy’, through the establishment of a binding international regime on access and benefit sharing (ABS). In reflecting on the question of ‘effectiveness’ in the Protocol’s implementation, this paper argues that the underlying problem of ‘biopiracy’, which the Protocol seeks to address, is one which goes beyond the ABS regime. It rather thrives due to indispensable factors emanating from the global intellectual property (IP) regime. It contends that biopiracy therefore constitutes an international problem of ‘borders’ as much as of ‘regimes’ and, therefore, while the implementation of the Protocol may effectively address the ‘trans-border’ issues which have hitherto troubled African provider countries in their establishment of regulatory mechanisms, it remains unable to address the ‘trans-regime’ issues related to the eradication of biopiracy, especially those issues which involve the IP regime. This is due to the glaring incoherence in the Nagoya Protocol’s implementation and the existing global IP system. In arriving at conclusions, the paper examines the ongoing related discussions within the IP regime, specifically those within the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) and the WTO TRIPS Council. It concludes that the Protocol’s effectiveness in protecting TK associated with GRs is conditional on the attainment of outcomes, within the ongoing negotiations of the IP regime, which could be implemented in a coherent manner with the Nagoya Protocol. It proposes specific ways to achieve this coherence. Three main methodological steps have been incorporated in the paper’s development. First, a review of data accumulated over a two year period arising from the coordination of six important negotiating sessions of the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore. In this respect, the research benefits from reflections on the political, institutional and substantive nuances which have coloured the IP negotiations and which provide both the context and subtext to emerging texts. Second, a desktop review of the history, nature and significance of the Nagoya Protocol, using relevant primary and secondary literature from international and national sources. Third, a comparative analysis of selected biopiracy cases is undertaken for the purpose of establishing the inseparability of the IP regime and the ABS regime in the conceptualization and development of solutions to biopiracy. A comparative analysis of select African regulatory mechanisms (Kenya, South Africa and Ethiopia and the ARIPO Swakopmund Protocol) for the protection of TK is also undertaken.

Keywords: biopiracy, intellectual property, Nagoya protocol, traditional knowledge

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1102 Discourse Markers in Chinese University Students and Native English Speakers: A Corpus-Based Study

Authors: Dan Xie

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The use of discourse markers (DMs) can play a crucial role in representing discourse interaction and pragmatic competence. Learners’ use of DMs and differences between native speakers (NSs) and non-native speakers (NNSs) in the use of various DMs have been the focus of considerable research attention. However, some commonly used DMs, such as you know, have not received as much attention in comparative studies, especially in the Chinese context. This study analyses data in two corpora (COLSEC and Spoken BNC 2014 (14-25)) to investigate how Chinese learners differ from NNSs in their use of the DM you know and its functions in speech. The results show that there is a significant difference between the two corpora in terms of the frequency of use of you know. In terms of the functions of you know, the study shows that six functions can all be present in both corpora, although there are significant differences between the five functional dimensions, especially in introducing a claim linked to the prior discourse and highlighting particular points in the discourse. It is hoped to show empirically how Chinese learners and NSs use DMs differently.

Keywords: you know, discourse marker, native speaker, Chinese learner

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1101 Investigation of Zeolite and Silica Fume Addition on Durability of Cement Composites

Authors: Martina Kovalcikova, Adriana Estokova

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Today, concrete belongs to the most frequently used materials in the civil engineering industry for many years. Consuming energy in cement industry is very high and CO₂ emissions generated during the production of Portland cement has serious environmental threatens. Therefore, utilization of pozzolanic material as a supplementary cementitious material has a direct relationship with the sustainable development. The paper presents the results of the comparative study of the resistance of the Slovak origin zeolite based cement composites with addition of silica fume exposed to the sulfate environment. The various aggressive media were used for the experiment: sulfuric acid with pH 4, distilled water and magnesium sulfate solution with a concentration of 3 g/L of SO₄²−. The laboratory experiment proceeded during 180 days under model conditions. The changes in the elemental concentrations of calcium and silicon in liquid leachates were observed.

Keywords: concrete, leaching, silica fume, sulfuric acid, zeolite

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1100 Depression among Housewives and Professional Women in Karachi: A Comparative Study

Authors: Naheed Khan

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A non-experimental study was conducted to evaluate the prevalence of anxiety and depression in middle-class women in Karachi, a metropolitan city of Pakistan. The Aga Khan University Anxiety and Depression Scale (AKUADS) was self -administered by a sample of 50 housewives and 50 professional women between the ages of 24 and 54 years. All the participants were at least graduates, married, had children, and were living in joint family systems. Results showed a 48% prevalence of anxiety and depression in housewives as compared to 34% in professional women. The data showed significant difference in mean of total scores on AKUADS and the calculated t-value of 1.957 with a df = 98 and α = 0.05. Two variables, that is, profession and a higher level of education were significantly related to the outcome. Hence acquiring higher education and taking up a job, even a part time one, may alleviate the symptoms of anxiety and depression in housewives. Other factors responsible for the relief of such symptoms, such as quality of relationship with husbands, may be investigated for both categories of women.

Keywords: anxiety, depression, housewives, professional women

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1099 The Study of Groundcover for Heat Reduction

Authors: Winai Mankhatitham

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This research investigated groundcover on the roof (green roof) which can reduce the temperature and carbon monoxide. This study is divided into 3 main aspects: 1) Types of groundcover affecting heat reduction, 2) The efficiency on heat reduction of 3 types of groundcover, i.e. lawn, arachis pintoi, and purslane, 3) Database for designing green roof. This study has been designed as an experimental research by simulating the 3 types of groundcover in 3 trays placed in the green house for recording the temperature change for 24 hours. The results showed that the groundcover with the highest heat reduction efficiency was lawn. The dense of the lawn can protect the heat transfer to the soil. For the further study, there should be a comparative study of the thickness and the types of soil to get more information for the suitable types of groundcover and the soil for designing the energy saving green roof.

Keywords: green roof, heat reduction, groundcover, energy saving

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1098 A Comparative Human Rights Analysis of Expulsion as a Counterterrorism Instrument: An Evaluation of Belgium

Authors: Louise Reyntjens

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Where criminal law used to be the traditional response to cope with the terrorist threat, European governments are increasingly relying on administrative paths. The reliance on immigration law fits into this trend. Terrorism is seen as a civilization menace emanating from abroad. In this context, the expulsion of dangerous aliens, immigration law’s core task, is put forward as a key security tool. Governments all over Europe are focusing on removing dangerous individuals from their territory rather than bringing them to justice. This research reflects on the consequences for the expelled individuals’ fundamental rights. For this, the author selected four European countries for a comparative study: Belgium, France, the United Kingdom and Sweden. All these countries face similar social and security issues, igniting the recourse to immigration law as a counterterrorism tool. Yet, they adopt a very different approach on this: the United Kingdom positions itself on the repressive side of the spectrum. Sweden on the other hand, also 'securitized' its immigration policy after the recent terrorist hit in Stockholm, but remains on the tolerant side of the spectrum. Belgium and France are situated in between. This paper addresses the situation in Belgium. In 2017, the Belgian parliament introduced several legislative changes by which it considerably expanded and facilitated the possibility to expel unwanted aliens. First, the expulsion measure was subjected to new and questionably definitions: a serious attack on the nation’s safety used to be required to expel certain categories of aliens. Presently, mere suspicions suffice to fulfil the new definition of a 'serious threat to national security'. A definition which fails to respond to the principle of legality; the law, nor the prepatory works clarify what is meant by 'a threat to national security'. This creates the risk of submitting this concept’s interpretation almost entirely to the discretion of the immigration authorities. Secondly, in name of intervening more quickly and efficiently, the automatic suspensive appeal for expulsions was abolished. The European Court of Human Rights nonetheless requires such an automatic suspensive appeal under Article 13 and 3 of the Convention. Whether this procedural reform will stand to endure, is thus questionable. This contribution also raises questions regarding expulsion’s efficacy as a key security tool. In a globalized and mobilized world, particularly in a European Union with no internal boundaries, questions can be raised about the usefulness of this measure. Even more so, by simply expelling a dangerous individual, States avoid their responsibility and shift the risk to another State. Criminal law might in these instances be more capable of providing a conclusive and long term response. This contribution explores the human rights consequences of expulsion as a security tool in Belgium. It also offers a critical view on its efficacy for protecting national security.

Keywords: Belgium, counter-terrorism and human rights, expulsion, immigration law

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1097 The International Prohibition of Religiously-Motivated 'Incitement' to Violence

Authors: J. D. Temperman

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Introduction: In particular, in relation to religion, the meaning and scope of freedom of expression have been tested in recent times. This paper investigates the legal justifications for restrictions that have been suggested in this area and asks whether they are sustainable from an international human rights perspective. The universal human rights instruments, particularly the UN International Covenant on Civil and Political Rights (ICCPR), are increasingly geared towards eradicating ‘incitement’ to contingent harms like violence or discrimination, whilst forms of extreme speech that fall short of such incitement are to be protected rather than countered by states. Human Rights Committee’s draft-General Comment on freedom of expression, adopted in 2011, provides another strong indication that this is the envisaged way forward: repealing anti-blasphemy and anti-religious defamation laws, whilst simultaneously increasing efforts to combat ‘incitement’. Within regional human rights frameworks, notably the European Convention system, judgments have in fact supported legal restrictions on both hate speech, holocaust denial, and blasphemy or religious defamation. Major contributions to scholarship: This paper proposes an actus reus for the offense of ‘advocacy of religious hatred that constitutes incitement to discrimination or violence’, as enshrined in Article 20(2) of the UN ICCPR. In underscoring the high threshold of ‘incitement’, the author distinguishes this offense from such notions as ‘blasphemy’ or ‘defamation of religions’. In addition to treating the said provision as a sui generis prohibition, the question is addresses whether a ‘right to be protected against incitement’ may be distilled from the ICCPR. Furthermore, the author will discuss the question of how to judge incitement; notably, is mens rea required to convict someone of incitement, and if so, what degree of mens rea? This analysis also includes the question how to balance content and context factors when addressing alleged instances of incitement, notably what factors make provide for a likelihood that imminent acts of violence or discrimination will ensue from an inciteful speech act? Methodology: This paper takes a double comparative approach: (i) it endeavours to compare and contrast monitoring bodies’ approach to incitement (notably, the UN Human Rights Committee, but also the UN Committee on the Elimination of Racial Discrimination which monitors states’ compliance with Article 4 of ICERD on incitement); and (ii) it endeavours to chart and compare and analyse from an international human rights perspective recent forms of state practice in the field of dealing with incitement (i.e. a comparative legal analysis and vertical human rights analysis of newly emerging incitement legislation in the light of the said international standards). Conclusion: This paper conceptualizes a legal notion – ‘incitement’ – encapsulated in international human rights law that may have a profound bearing on contemporary challenges of radicalization and religious strife.

Keywords: incitement, international human rights law, religious hatred, violence

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1096 Shiva's Dance: Crisis, Local Institutions, and Private Firms

Authors: João Pereira Dos Santos

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The uneven spatial distribution of start-ups and their respective survival may reflect comparative advantages resulting from the local institutional background. For the first time, we explore this idea using Data Envelopment Analysis (DEA) to assess relative efficiency of Portuguese municipalities in this specific context. We depart from the related literature where expenditure is perceived as a desirable input by choosing a measure of fiscal responsibility and infrastructural variables in the first stage. Comparing results for 2006 and 2010, we find that mean performance decreased substantially with 1) the effects of the Global Financial Crisis; 2) as municipal population increases and 3) as financial independence decreases. A second stage is then computed employing a double-bootstrap procedure to evaluate how the regional context outside the control of local authorities (e.g. demographic characteristics and political preferences) impacts on efficiency.

Keywords: entrepreneurship, political economy, public finance, accountability, crisis, efficiency, Portuguese municipalities

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1095 'Caucasian Mountaineer / Scottish Highlander': Correlation between Semantics and Culture

Authors: Natalia M. Nepomniashchikh

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The research focuses on Russian and English linguoculturemes Caucasian mountaineer and Scottish Highlander, the effort of comparative-contrastive analysis was made. In order to reach the aim, the analysis of the vocabulary definitions of the concepts under consideration was taken, which made it possible to build the lexical-semantic fields of both lexical items in Russian and English. This stage of research helped to turn to the linguistic-cultural fields construction. To build these fields, literary pieces containing the concepts under consideration and the items directly related to them were taken from the works about the Caucasus mountains and mountaineers living there by M. Yu. Lermontov and the ones by W. Scott devoted to the Scottish Highlands and their inhabitants. All collected data was systematized in schemes and tables reflecting the differences and intercrossing areas.

Keywords: lexemes, lexical items, lexical-semantic field, linguistic-cultural field, linguoculturemes

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1094 Reduction of Wear via Hardfacing of Rotavator Blades

Authors: Gurjinder Singh Randhawa, Jonny Garg, Sukhraj Singh, Gurmeet Singh Cheema

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A major problem related to the use of rotavator is wear of rotavator blades due to abrasion by soil hard particles, as it seriously affects tillage quality and agricultural production economy. The objective of this study was to increase the wear resistance by covering the rotavator blades with two different hard facing electrodes. These blades are generally produced from low carbon or low alloy steel. During the field work i.e. preparing land for the cultivation these blades are subjected to severe wear conditions. Comparative wear tests on a regular rotavator blade and two kinds of hardfacing with electrodes were conducted in the field. These two different hardfacing electrodes, which are designated HARD ALLOY-400 and HARD ALLOY-650, were used for hardfacing. The wear rate in the field tests was found to be significantly different statistically. When the cost is taken into consideration; HARD ALLOY-650 and HARD ALLOY-400 have been found to be the best hardfacing electrodes.

Keywords: hardfacing, rotavator blades, hard alloy-400, abrasive wear

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1093 The Impact of Reducing Road Traffic Speed in London on Noise Levels: A Comparative Study of Field Measurement and Theoretical Calculation

Authors: Jessica Cecchinelli, Amer Ali

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The continuing growth in road traffic and the resultant impact on the level of pollution and safety especially in urban areas have led local and national authorities to reduce traffic speed and flow in major towns and cities. Various boroughs of London have recently reduced the in-city speed limit from 30mph to 20mph mainly to calm traffic, improve safety and reduce noise and vibration. This paper reports the detailed field measurements using noise sensor and analyser and the corresponding theoretical calculations and analysis of the noise levels on a number of roads in the central London Borough of Camden where speed limit was reduced from 30mph to 20mph in all roads except the major routes of the ‘Transport for London (TfL)’. The measurements, which included the key noise levels and scales at residential streets and main roads, were conducted during weekdays and weekends normal and rush hours. The theoretical calculations were done according to the UK procedure ‘Calculation of Road Traffic Noise 1988’ and with conversion to the European L-day, L-evening, L-night, and L-den and other important levels. The current study also includes comparable data and analysis from previously measured noise in the Borough of Camden and other boroughs of central London. Classified traffic flow and speed on the roads concerned were observed and used in the calculation part of the study. Relevant data and description of the weather condition are reported. The paper also reports a field survey in the form of face-to-face interview questionnaires, which was carried out in parallel with the field measurement of noise, in order to ascertain the opinions and views of local residents and workers in the reduced speed zones of 20mph. The main findings are that the reduction in speed had reduced the noise pollution on the studied zones and that the measured and calculated noise levels for each speed zone are closely matched. Among the other findings was that of the field survey of the opinions and views of the local residents and workers in the reduced speed 20mph zones who supported the scheme and felt that it had improved the quality of life in their areas giving a sense of calmness and safety particularly for families with children, the elderly, and encouraged pedestrians and cyclists. The key conclusions are that lowering the speed limit in built-up areas would not just reduce the number of serious accidents but it would also reduce the noise pollution and promote clean modes of transport particularly walking and cycling. The details of the site observations and the corresponding calculations together with critical comparative analysis and relevant conclusions will be reported in the full version of the paper.

Keywords: noise calculation, noise field measurement, road traffic noise, speed limit in london, survey of people satisfaction

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1092 Hybrid Hierarchical Clustering Approach for Community Detection in Social Network

Authors: Radhia Toujani, Jalel Akaichi

Abstract:

Social Networks generally present a hierarchy of communities. To determine these communities and the relationship between them, detection algorithms should be applied. Most of the existing algorithms, proposed for hierarchical communities identification, are based on either agglomerative clustering or divisive clustering. In this paper, we present a hybrid hierarchical clustering approach for community detection based on both bottom-up and bottom-down clustering. Obviously, our approach provides more relevant community structure than hierarchical method which considers only divisive or agglomerative clustering to identify communities. Moreover, we performed some comparative experiments to enhance the quality of the clustering results and to show the effectiveness of our algorithm.

Keywords: agglomerative hierarchical clustering, community structure, divisive hierarchical clustering, hybrid hierarchical clustering, opinion mining, social network, social network analysis

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1091 Comparative Study of Ecological City Criteria in Traditional Iranian Cities

Authors: Zahra Yazdani Paraii, Zohreh Yazdani Paraei

Abstract:

Many urban designers and planners have been involved in the design of environmentally friendly or nature adaptable urban development models due to increase in urban populations in the recent century, limitation on natural resources, climate change, and lack of enough water and food. Ecological city is one of the latest models proposed to accomplish the latter goal. In this work, the existing establishing indicators of the ecological city are used regarding energy, water, land use and transportation issues. The model is used to compare the function of traditional settlements of Iran. The result of investigation shows that the specifications and functions of the traditional settlements of Iran fit well into the ecological city model. It is found that the inhabitants of the old cities and villages in Iran had founded ecological cities based on their knowledge of the environment and its natural opportunities and limitations.

Keywords: ecological city, traditional city, urban design, environment

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1090 Comparative Analysis of Traditional and Modern Roundabouts Using Sidra Intersection

Authors: Amir Mohammad Parvini, Amir Masoud Rahimi

Abstract:

Currently, most parts of the world have shifted from traditional roundabouts to modern roundabouts with respect to the role of roundabouts in reducing accidents, increasing safety, lowering the maintenance costs compared to traffic circles with their improper functional and safety experiences. In this study, field data collected from a current traditional roundabout was analyzed by the software AIMSUN and the obtained numbers were recorded. The modern roundabout was designed by changes in the traditional one, considering the geometric standards listed in regulations. Then, the modern roundabout was analyzed by applying a heterogeneous traffic by a micro-simulation software SIDRA (5.1). The function, capacity, and safety of the roundabout were analyzed assuming the superiority of modern roundabouts and acceptable LOS. The obtained results indicate that the function, capacity, and safety of modern roundabouts are better than traditional ones.

Keywords: traditional roundabout, traffic circles, modern roundabout, AIMSUN, SIDRA

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1089 The Relations Between Hans Kelsen’s Concept of Law and the Theory of Democracy

Authors: Monika Zalewska

Abstract:

Hans Kelsen was a versatile legal thinker whose achievements in the fields of legal theory, international law, and the theory of democracy are remarkable. All of the fields tackled by Kelsen are regarded as part of his “pure theory of law.” While the link between international law and Kelsen’s pure theory of law is apparent, the same cannot be said about the link between the theory of democracy and his pure theory of law. On the contrary, the general thinking concerning Kelsen’s thought is that it can be used to legitimize authoritarian regimes. The aim of this presentation is to address this concern by identifying the common ground between Kelsen’s pure theory of law and his theory of democracy and to show that they are compatible in a way that his pure theory of law and authoritarianism cannot be. The conceptual analysis of the purity of Kelsen’s theory and his goal of creating ideology-free legal science hints at how Kelsen’s pure theory of law and the theory of democracy are brought together. The presentation will first demonstrate that these two conceptions have common underlying values and meta-ethical convictions. Both are founded on relativism and a rational worldview, and the aim of both is peaceful co-existence. Second, it will be demonstrated that the separation of law and morality provides the maximum space for deliberation within democratic processes. The conclusion of this analysis is that striking similarities exist between Kelsen’s legal theory and his theory of democracy. These similarities are grounded in the Enlightenment tradition and its values, including rationality, a scientific worldview, tolerance, and equality. This observation supports the claim that, for Kelsen, legal positivism and the theory of democracy are not two separate theories but rather stem from the same set of values and from Kelsen’s relativistic worldview. Furthermore, three main issues determine Kelsen’s orientation toward a positivistic and democratic outlook. The first, which is associated with personality type, is the distinction between absolutism and relativism. The second, which is associated with the values that Kelsen favors in the social order, is peace. The third is legality, which creates the necessary condition for democracy to thrive and reveals that democracy is capable of fulfilling Kelsen’s ideal of law at its fullest. The first two categories exist in the background of Kelsen’s pure theory of law, while the latter is an inherent part of Kelsen’s concept of law. The analysis of the text concerning natural law doctrine and democracy indicates that behind the technical language of Kelsen’s pure theory of law is a strong concern with the trends that appeared after World War I. Despite his rigorous scientific mind, Kelsen was deeply humanistic. He tried to create a powerful intellectual weapon to provide strong arguments for peaceful coexistence and a rational outlook in Europe. The analysis provided by this presentation facilitates a broad theoretical, philosophical, and political understanding of Kelsen’s perspectives and, consequently, urges a strong endorsement of Kelsen’s approach to constitutional democracy.

Keywords: hans kelsen, democracy, legal positivism, pure theory of law

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1088 A Comparative Study on a Tilt-Integral-Derivative Controller with Proportional-Integral-Derivative Controller for a Pacemaker

Authors: Aysan Esgandanian, Sabalan Daneshvar

Abstract:

The study is done to determine the comparison between proportional-integral-derivative controller (PID controller) and tilt-integral-derivative (TID controller) for cardiac pacemaker systems, which can automatically control the heart rate to accurately track a desired preset profile. The controller offers good adaption of heart to the physiological needs of the patient. The parameters of the both controllers are tuned by particle swarm optimization (PSO) algorithm which uses the integral of time square error as a fitness function to be minimized. Simulation results are performed on the developed cardiovascular system of humans and results demonstrate that the TID controller produces superior control performance than PID controllers. In this paper, all simulations were performed in Matlab.

Keywords: integral of time square error, pacemaker systems, proportional-integral-derivative controller, PSO algorithm, tilt-integral-derivative controller

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1087 Euthanasia as a Case of Judicial Entrepreneurship in India: Analyzing the Role of the Supreme Court in the Policy Process of Euthanasia

Authors: Aishwarya Pothula

Abstract:

Euthanasia in India is a politically dormant policy issue in the sense that discussions around it are sporadic in nature (usually with developments in specific cases) and it stays as a dominant issue in the public domain for a fleeting period. In other words, it is a non-political issue that has been unable to successfully get on the policy agenda. This paper studies how the Supreme Court of India (SC) plays a role in euthanasia’s policy making. In 2011, the SC independently put a law in place that legalized passive euthanasia through its judgement in the Aruna Shanbaug v. Union of India case. According to this, it is no longer illegal to withhold/withdraw a patient’s medical treatment in certain cases. This judgement, therefore, is the empirical focus of this paper. The paper essentially employs two techniques of discourse analysis to study the SC’s system of argumentation. The two methods, Text Analysis using Gasper’s Analysis Table and Frame Analysis – are complemented by two discourse techniques called metaphor analysis and lexical analysis. The framework within which the analysis is conducted lies in 1) the judicial process of India, i.e. the SC procedures and the Constitutional rules and provisions, and 2) John W. Kingdon’s theory of policy windows and policy entrepreneurs. The results of this paper are three-fold: first, the SC dismiss the petitioner’s request for passive euthanasia on inadequate and weak grounds, thereby setting no precedent for the historic law they put in place. In other words, they leave the decision open for the Parliament to act upon. Hence the judgement, as opposed to arguments by many, is by no means an instance of judicial activism/overreach. Second, they define euthanasia in a way that resonates with existing broader societal themes. They combine this with a remarkable use of authoritative and protective tones/stances to settle at an intermediate position that balances the possible opposition to their role in the process and what they (perhaps) perceive to be an optimal solution. Third, they soften up the policy community (including the public) to the idea of passive euthanasia leading it towards a Parliamentarian legislation. They achieve this by shaping prevalent principles, provisions and worldviews through an astute use of the legal instruments at their disposal. This paper refers to this unconventional role of the SC as ‘judicial entrepreneurship’ which is also the first scholarly contribution towards research on euthanasia as a policy issue in India.

Keywords: argumentation analysis, Aruna Ramachandra Shanbaug, discourse analysis, euthanasia, judicial entrepreneurship, policy-making process, supreme court of India

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