Search results for: consumer rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 2567

Search results for: consumer rights

2057 Time Truncated Group Acceptance Sampling Plans for Exponentiated Half Logistic Distribution

Authors: Srinivasa Rao Gadde

Abstract:

In this article, we considered a group acceptance sampling plans for exponentiated half logistic distribution when the life-test is truncated at a pre-specified time. It is assumed that the index parameter of the exponentiated half logistic distribution is known. The design parameters such as the number of groups and the acceptance number are obtained by satisfying the producer’s and consumer’s risks at the specified quality levels in terms of medians and 10th percentiles under the assumption that the termination time and the number of items in each group are pre-fixed. Finally, an example is given to illustration the methodology.

Keywords: group acceptance sampling plan, operating characteristic, consumer and producer’s risks, truncated life-test

Procedia PDF Downloads 331
2056 Cultures, Differences, and Education in EU: Right to Have Rights against Reality

Authors: Ana Campina, José Caramelo Gomes, Maria Emília Teixeira, Cristina Costa-Lobo

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In the pursuit of educational equity within Human Rights and European Fundamental Laws, the reality presents serious problems based on the psychologic, social understanding. Take into account the miscellaneous cultures in the global context and the nowadays numbers of Human mobilities, there are serious problems affecting the societies. This justifies the diagnosed need of a renew pedagogical and social education strategy to achieve the integration positive context preventing violence and discrimination, especially in Education systems. Consequently, it is important to have in mind the respect, acceptance, and integration of special needs students in all study degrees, as it is law but a complex reality. Despite the UN and International Human Rights, European Fundamental Chart, and all EU Treats, as the 28th EU State Member’s fundamental laws forecast the right of Education, the respect, the action and promotion of different cultures and the Education for ‘Difference’ integration – cultures; ideologies, Special Needs Students/Citizens – there are different and severe problems. Firstly, there are questions/contexts/problems not denounced by the lack of investments, political, social or ‘powers’ pressures, so, consequently, the authorities don’t have the action as laws demand and the transgressors haven´t any juridical or judicial punishment. Secondly, and our most important point: Governments, authorities and even victims hide these violations/violence/problems what disable the effective protection and law enforcement. Finally, the official and non-official strategies to get around the duties, break away the laws, failing the victims protection and consequently enable the problems increase dramatically. With this research, we observed that there are international Organizations/regions and States acting without respect to the Education right despite their democratic ideology and the generated external ‘image’ of law-abiding and Human Rights defenders. Nevertheless, it is urgent to develop a consistent Human Rights Education program aiming to protect, promote and implement the Right to be different and be respected by the law, the governments, institutions official and non-official, adapted to the needs in each society. The background of this research is the International and European laws, in accordance with the state’s legal systems. The approaches and the differences of the Education for Human and Fundamental Rights execution in the different EU countries, studying the pedagogy and social inclusion programs/strategies, with particular analysis of the Special Needs students. The results aim to construct a European Education profiling, with the governments and EU interventions need, as well as the panorama of the Special Needs Students effective integration achieving a renewed strategy to promote the respect of the Differences and an Inclusive School life.

Keywords: international human rights, culture, differences, European education profiling

Procedia PDF Downloads 188
2055 Ratification of the United Nations Convention for the Promotion and Protection of Their Human Rights and the Paradoxes of the Discriminatory Right to Acquire the Status of Persons with Disabilities in Cameroon

Authors: Dakeyi Athanase

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The ratification of an international human rights legal instrument provides signatory States with an opportunity to assume a set of obligations and rights for the benefit of their citizens, offering increased possibilities, opportunities, and means to access an improved quality of life – to be, to appear, and to become. Developed nations typically experience cultural, political, social, economic, legal, and regulatory transformations in response to this transition. In a methodologically proactive approach, mechanisms undergo a visible and comprehensible process of qualitative and quantitative change. Conversely, in nations undergoing development, the response to such ratification varies. Some demonstrate positive policy changes, while others remain stagnant or regress. Cameroon falls into the second category, despite efforts, as it legally prohibits 50% of its population with disabilities from acquiring the status of a person with a disability. The overarching goal of this communication is to highlight these deficiencies and their detrimental effects on various aspects of life, fostering awareness among beneficiaries and advocating for more inclusive transformations in the country. Our project employs a popular and participatory methodological approach by involving beneficiaries and their organizations in its preparation. It is also inclusive, representing the diversity of disabilities and engaging natural and legal persons from various backgrounds. Active consultations occur at all levels of the activities. Anticipated outcomes include raising awareness globally among nations, international cooperation organizations, NGOs, and other inclusive development actors. We seek their support for local advocacy efforts to fully implement the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Concurrently, we hope they express solidarity with the victims in Cameroon who have been left behind and recommend legal reforms to align domestic and international legislation with the promotion and protection of disability rights.

Keywords: droit, convention, handicap, discrimination, participation, inclusion

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2054 Rethinking the Pre-Trial Detention Law of Ethiopia: An International Law and Constitutional Law Perspective

Authors: Addisu Teshama

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The existing criminal procedure law which is the main determinant of the phenomena of pre-trial detention is under revision in Ethiopia. The drafting work is completed and submitted for approval to the House of Peoples Representatives. The drafters of the draft law claim that the existing law is not in harmony with the constitutionally and internationally recognized principles pertinent to pretrial detention regulation. Further, the drafters allege that the drafting process is dictated by human rights principles recognized in the FDRE constitution and international human rights instruments ratified by Ethiopia. This article aims to the asses the plausibility of the claims of the drafters. For that purpose, this article uses the standards and guidelines articulated by international human rights standard setters as bench marks to juxtapose and judge the existing law and the draft criminal procedure and evidence code (DCrimPEC). The study found that the many aspects of the pre-trial detention law of Ethiopia are not in compliance with international law standards in the existing criminal procedure law. The DCrimPEC is aimed to harmonize the existing law with the constitution and international law standards. In this regard, the study found that the DCrimPEC has made significant changes on pre-trial detention policies which are not in harmony the principle of presumption of innocence. However, there are still gaps.

Keywords: pre-trial detention, right to personal liberty, right to bail, Ethiopia

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2053 Vertical Urbanization Over Public Structures: The Example of Mostar Junction in Belgrade, Serbia

Authors: Sladjana Popovic

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The concept of vertical space urbanization, defined in English as "air rights development," can be considered a mechanism for the development of public spaces in urban areas of high density. A chronological overview of the transformation of space within the vertical projection of the existing traffic infrastructure that penetrates through the central areas of a city is given in this paper through the analysis of two illustrative case studies: more advanced and recent - "Plot 13" in Boston, and less well-known European example of structures erected above highways throughout Italy - the "Pavesi auto grill" chain. The backbone of this analysis is the examination of the possibility of yielding air rights within the vertical projection of public structures in the two examples by considering the factors that would enable its potential application in capitals in Southeastern Europe. The cession of air rights in the Southeastern Europe region, as a phenomenon, has not been a recognized practice in urban planning. In a formal sense, legal and physical feasibility can be seen to some extent in local models of structures built above protected historical heritage (i.e., archaeological sites); however, the mechanisms of the legal process of assigning the right to use and develop air rights above public structures is not a recognized concept. The goal of the analysis is to shed light on the influence of institutional participants in the implementation of innovative solutions for vertical urbanization, as well as strategic planning mechanisms in public-private partnership models that would enable the implementation of the concept in the region. The main question is whether the manipulation of the vertical projection of space could provide for innovative urban solutions that overcome the deficit and excessive use of the available construction land, particularly above the dominant public spaces and traffic infrastructure that penetrate central parts of a city. Conclusions reflect upon vertical urbanization that can bridge the spatial separation of the city, reduce noise pollution and contribute to more efficient urban planning along main transportation corridors.

Keywords: air rights development, innovative urbanism, public-private partnership, transport infrastructure, vertical urbanization

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2052 Relationship between Legacy of Islamic Hadith and Biodiversity

Authors: Mohsen Nouraei, Maryam Amouei

Abstract:

Islamic studies are considered in both the Quran and Hadith. Hadith is defined as a set of reports that narrated the words and behaviors of infallible persons such as the holy Prophet (pbuh) or the Infallible Imams (as). The issue of biodiversity which is the one of the most important environmental aspects is considered in the field of Hadith. The present paper has investigated biodiversity on the basis of descriptive-analytical methods and with the approach of library-documentary. The household of the Prophet (as) have referred biodiversity that were included diversity of animals, plants, climate etc. In addition, they also have emphasized on the human need to keep diversity and no damage. It should be noted that they have expressed the rights of the animals and plants for correct using of human, so that human can use these rights in conservation of diversity and their generation.

Keywords: biodiversity, conservation of biodiversity, degradation of biodiversity, extinction of biodiversity

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2051 International Financial Reporting Standard Adoption and Value Relevance of Earnings in Listed Consumer Goods Companies in Nigerian

Authors: Muktar Haruna

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This research work examines the International Financial Reporting Standard (IFRS) adoption and value relevance of earnings of listed consumer goods companies in the Nigerian. The population of the study comprises 22 listed consumer goods companies, out of which 15 were selected as sample size of the study. The scope of the study is a 12-year period covering from 2006 to 2018. Secondary data from the annual report of sampled companies were used, which consists of earnings per share (EPS), the book value of equity per share (BVE) as independent variables; firm size (FSZ) as a control variable, and market share price of sampled companies from Nigerian stock exchange as dependent variable. Multiple regressions were used to analyze the data. The results of the study showed that IFRS did not improve the value relevance of earnings after the adoption, which translates to a decrease in value relevance of accounting numbers in the post-adoption period. The major recommendation is that the Nigerian Reporting Council should ensure full compliance to all provisions of IFRS and provide uniformity in the presentation of non-current assets in the statement of financial position, where some present only net current assets leaving individual figures for current assets and liabilities invisible.

Keywords: IFRS, adoption, value relevance, earning per share, book value of equity per share

Procedia PDF Downloads 143
2050 Artificial Law: Legal AI Systems and the Need to Satisfy Principles of Justice, Equality and the Protection of Human Rights

Authors: Begum Koru, Isik Aybay, Demet Celik Ulusoy

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The discipline of law is quite complex and has its own terminology. Apart from written legal rules, there is also living law, which refers to legal practice. Basic legal rules aim at the happiness of individuals in social life and have different characteristics in different branches such as public or private law. On the other hand, law is a national phenomenon. The law of one nation and the legal system applied on the territory of another nation may be completely different. People who are experts in a particular field of law in one country may have insufficient expertise in the law of another country. Today, in addition to the local nature of law, international and even supranational law rules are applied in order to protect basic human values and ensure the protection of human rights around the world. Systems that offer algorithmic solutions to legal problems using artificial intelligence (AI) tools will perhaps serve to produce very meaningful results in terms of human rights. However, algorithms to be used should not be developed by only computer experts, but also need the contribution of people who are familiar with law, values, judicial decisions, and even the social and political culture of the society to which it will provide solutions. Otherwise, even if the algorithm works perfectly, it may not be compatible with the values of the society in which it is applied. The latest developments involving the use of AI techniques in legal systems indicate that artificial law will emerge as a new field in the discipline of law. More AI systems are already being applied in the field of law, with examples such as predicting judicial decisions, text summarization, decision support systems, and classification of documents. Algorithms for legal systems employing AI tools, especially in the field of prediction of judicial decisions and decision support systems, have the capacity to create automatic decisions instead of judges. When the judge is removed from this equation, artificial intelligence-made law created by an intelligent algorithm on its own emerges, whether the domain is national or international law. In this work, the aim is to make a general analysis of this new topic. Such an analysis needs both a literature survey and a perspective from computer experts' and lawyers' point of view. In some societies, the use of prediction or decision support systems may be useful to integrate international human rights safeguards. In this case, artificial law can serve to produce more comprehensive and human rights-protective results than written or living law. In non-democratic countries, it may even be thought that direct decisions and artificial intelligence-made law would be more protective instead of a decision "support" system. Since the values of law are directed towards "human happiness or well-being", it requires that the AI algorithms should always be capable of serving this purpose and based on the rule of law, the principle of justice and equality, and the protection of human rights.

Keywords: AI and law, artificial law, protection of human rights, AI tools for legal systems

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2049 The Case for Reparations: Systemic Injustice and Human Rights in the United States

Authors: Journey Whitfield

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This study investigates the United States' ongoing violation of Black Americans' fundamental human rights, as evidenced by mass incarceration, social injustice, and economic deprivation. It argues that the U.S. contravenes Article 9 of the International Covenant on Civil and Political Rights through policies that uphold systemic racism. The analysis dissects current practices within the criminal justice system, social welfare programs, and economic policy, uncovering the racially disparate impacts of seemingly race-neutral policies. This study establishes a clear lineage between past systems of oppression – slavery and Jim Crow – and present-day racial disparities, demonstrating their inextricable link. The thesis proposes that only a comprehensive reparations program for Black Americans can begin to redress these systemic injustices. This program must transcend mere financial compensation, demanding structural reforms within U.S. institutions to dismantle systemic racism and promote transformative justice. This study explores potential forms of reparations, drawing upon historical precedents, comparative case studies from other nations, and contemporary debates within political philosophy and legal studies. The research employs both qualitative and quantitative methods. Qualitative methods include historical analysis of legal frameworks and policy documents, as well as discourse analysis of political rhetoric. Quantitative methods involve statistical analysis of socioeconomic data and criminal justice outcomes to expose racial disparities. This study makes a significant contribution to the existing literature on reparations, human rights, and racial injustice in the United States. It offers a rigorous analysis of the enduring consequences of historical oppression and advocates for bold, justice-centered solutions.

Keywords: Black Americans, reparations, mass incarceration, racial injustice, human rights, united states

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2048 Understanding Space, Citizenship and Assimilation in the Context of Migration in North-Eastern Region of India

Authors: Mukunda Upadhyay, Rakesh Mishra, Rajni Singh

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This paper is an attempt to understand the abstract concept of space, citizenship and migration in the north-eastern region. In the twentieth century, researchers and thinkers related citizenship and migration on national models. The national models of jus sulis and jus sangunis provide scope of space and rights to only those who are either born in the territory or either share the common descent. Space ensures rights and citizenship ensures space and for many migrants, citizenship is the ultimate goal in the host country. Migrants with the intention of settling down in the destination region, begin to adapt and assimilate in their new homes. In many cases, migrants may also retain the culture and values of the place of origin. In such cases the difference in the degree of retention and assimilation may determine the chances of conflict between the host society and migrants. Such conflicts are fueled by political aspirations of few individuals on both the sides. The North-Eastern part of India is a mixed community with many linguistic and religious groups sharing a common Geo-political space. Every community has its own unique history, culture and identity. Since the last half of the nineteenth century, this region has been experiencing both internal migration from other states and immigration from the neighboring countries which has resulted in the interactions of various cultures and ethnicities. With the span of time, migration has taken bitter form with problems concentrated around acquiring rights through space and citizenship. Political tensions resulted by host hostility and migrants resistance has ruined the social order in few areas. In order to resolve these issues in this area proper intervention has to be carried out by the involvement of the National and International community.

Keywords: space, citizenship, assimilation, migration, rights

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2047 A Cognitive Approach to the Optimization of Power Distribution across an Educational Campus

Authors: Mrinmoy Majumder, Apu Kumar Saha

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The ever-increasing human population and its demand for energy is placing stress upon conventional energy sources; and as demand for power continues to outstrip supply, the need to optimize energy distribution and utilization is emerging as an important focus for various stakeholders. The distribution of available energy must be achieved in such a way that the needs of the consumer are satisfied. However, if the availability of resources is not sufficient to satisfy consumer demand, it is necessary to find a method to select consumers based on factors such as their socio-economic or environmental impacts. Weighting consumer types in this way can help separate them based on their relative importance, and cognitive optimization of the allocation process can then be carried out so that, even on days of particularly scarce supply, the socio-economic impacts of not satisfying the needs of consumers can be minimized. In this context, the present study utilized fuzzy logic to assign weightage to different types of consumers based at an educational campus in India, and then established optimal allocation by applying the non-linear mapping capability of neuro-genetic algorithms. The outputs of the algorithms were compared with similar outputs from particle swarm optimization and differential evolution algorithms. The results of the study demonstrate an option for the optimal utilization of available energy based on the socio-economic importance of consumers.

Keywords: power allocation, optimization problem, neural networks, environmental and ecological engineering

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2046 What Affects Donation Amount and Behavior Upon Disasters

Authors: Rubi Yang, Kuisheng Yuan, Fang Gu

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Disasters are a recurring phenomenon, and their impact on people is huge. Understanding people's donation behavior after disasters is of great economic value. However, people's donation behavior is affected by many factors, such as the specific type of disaster, the donor's personal background, etc. Our research is to control and investigate whether people prefer to donate to natural disasters or man-made disasters. We will use both qualitative and quantitative methods to study people's donation behavior, divide disasters into two categories and set up the same disaster scenario, only the factors that lead to the disaster are different. Our results show that under the same disaster scenario, people are more willing to donate to disasters caused by natural factors. Collectivists are more willing to donate than individualists, but in the face of man-made disasters, individualists are more willing to donate than collectivists

Keywords: disaster, behavioral economics, prosocial behavior, consumer behavior, consumer psychology

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2045 Slavery Transcending Borders: An Analysis of Human Trafficking in Europe and the EU’s Impact on the Issue

Authors: Santiago Martínez Hernández

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The establishment of the European Union signified the culmination of the supra-national power addressing economic, political, legal and humanitarian matters within and above a national territory. Human rights have taken a protagonist role as one of the pressing concerns that the EU addresses, and one of the most critical problems is that of human trafficking. This multi-billion dollar criminal business represents $31.6 per year made out of 2.5 million trafficked persons worldwide, making it one of the most crucial human rights problems in the world to address. The EU has developed strategies to tackle this issue through supra-national governance, however, how have they fared? What is the impact of its development on the issue? This paper will address the direct and indirect impact of the formation of the European Union as a supranational political and economic entity on the illicit industry of human trafficking in Europe. It attempts to analyse first, the situation of human trafficking in Europe, as an attempt to understand its importance in the region, addressing its root causes and the role of the states addressed. Second, the paper will examine the impact of the EU on human breaking down its policy-making at a supranational level, the role of the economic integration of the region, and the change of migration patterns since its inception.

Keywords: human trafficking, human rights, European union, criminal business

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2044 Application of ANN for Estimation of Power Demand of Villages in Sulaymaniyah Governorate

Authors: A. Majeed, P. Ali

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Before designing an electrical system, the estimation of load is necessary for unit sizing and demand-generation balancing. The system could be a stand-alone system for a village or grid connected or integrated renewable energy to grid connection, especially as there are non–electrified villages in developing countries. In the classical model, the energy demand was found by estimating the household appliances multiplied with the amount of their rating and the duration of their operation, but in this paper, information exists for electrified villages could be used to predict the demand, as villages almost have the same life style. This paper describes a method used to predict the average energy consumed in each two months for every consumer living in a village by Artificial Neural Network (ANN). The input data are collected using a regional survey for samples of consumers representing typical types of different living, household appliances and energy consumption by a list of information, and the output data are collected from administration office of Piramagrun for each corresponding consumer. The result of this study shows that the average demand for different consumers from four villages in different months throughout the year is approximately 12 kWh/day, this model estimates the average demand/day for every consumer with a mean absolute percent error of 11.8%, and MathWorks software package MATLAB version 7.6.0 that contains and facilitate Neural Network Toolbox was used.

Keywords: artificial neural network, load estimation, regional survey, rural electrification

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2043 Consumer’ Knowledge, Attitude and Behavior on Food Safety Issues Related to Pesticide Residues in Cabbage

Authors: Dekie Rawung, Abdul L. Abadi, Toto Himawan, Siegfried Berhimpon

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A case study on consumer' knowledge, attitude, and behavior on food safety issue related to pesticide residues in cabbage was conducted in the area of Manado and Tomohon city, North Sulawesi. A sample of 150 consumers were selected randomly on location (open market and supermarket) while they were purchasing vegetables. The data on consumers’ perception, knowledge, attitude and behavior on food safety issue regarding pesticide residues were collected using a 5-point, two-section Likert-Scale questionnaire, and the relationship of knowledge, attitude, and behavior on food safety issues were analyzed using Structural Equation Modeling (SEM). It was found that, among many food safety issues, the illegal, non-food chemical preservatives were considered the most important one (by more than 35% respondents), followed by high cholesterol content and textile coloring chemical (> 27% respondents). The pesticide residues issue was only in the 4th place. The same results were seen on the issue of quality factors that determine the product selection during purchasing. The pesticide-free and organic products labels were considered much less important quality factors as compared with freshness and nutrition value which were considered the most and the second most important quality factors (almost 65% of respondents). SEM analysis showed that only knowledge and attitude on food safety that had the significant relation (coefficient value of 0.38), whereas those with behaviors were not significant.

Keywords: cabbage, consumer, food safety, pesticide residues

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2042 Investigating the Abolishment of Virginity Testing in South Africa

Authors: Nqobizwe Mvelo Ngema

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This paper argues that the custom of virginity testing has been revived in order to combat against social ills such as unwanted pregnancies, immorality, promiscuity and the spread of HIV/AIDS. However, virginity testing is not free from challenges such as the belief that having sexual intercourse with a virgin can cure men from AIDS, virginity testing is not accurate because there is scientific evidence supporting the fact that there many ways of losing virginity other than sexual intercourse, for example, the usage of tampons and participation in physical activities may tear the hymen. South African parliament took some positive steps in combatting against harm associated with virginity testing by regulating it in the Children’s Act. It is argued, in this paper, that the abolition of virginity testing may lead to paper law and it would be premature to abolish virginity testing in South Africa.

Keywords: equality rights, virginity testing, human rights, interdisciplinary law and legal studies

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2041 Women Right in Islam and Misconceptions: A Critical Study

Authors: Abubakar Ibrahim Usman, Mustapha Halilu

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The provisions of rights to women in Islam have generated and are creating a tense and serious debate among Muslims and non-Muslims alike. The Muslims are arguing that Islam provides right to Womenfolk, but their actions, cultural/traditional practices, and treatment reveal otherwise, Non-Muslims, on the other hand, held a different view, saying that Islam has never made such provision. One may not blame their misconception, due to the wide spectrum of treatment given to women in many Muslim societies, which generated, fueled and geared the misconceptions and ceaseless barrage of sensational articles, movies and negative portrayal of Islam today. It has to put in our minds, many actions and Crimes of some Muslims (Who are mostly minority) did not represent the teachings and precepts of Islam, just like one cannot put blame on the parents of a child whose actions fall short of his home background.

Keywords: Islam, women rights, cultural practices, religion

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2040 Intellectual Property Rights as a Tool to Enhance and Sustain Museums

Authors: Nayira Ahmed Galal Elden Hassan

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The management of Intellectual Property (IP) in museums can be complex and challenging, as it requires balancing access and control. On the one hand, museums must ensure that they have balanced permissions to display works in their collections and make them accessible to the public. On the other hand, they must also protect the rights of creators and owners of works and ensure that they are not infringing on IP rights. Intellectual property has become an increasingly important aspect of museum operations in the digital age. Museums hold a vast array of cultural assets in their collections, many of which have significant value as IP assets. The balanced management of IP in museums can help generate additional revenue and promote cultural heritage while also protecting the rights of the museum and its collections. Digital technologies have greatly impacted the way museums manage IP, providing new opportunities for revenue generation through e-commerce and licensing while also presenting new challenges related to IP protection and management. Museums must take a comprehensive approach to IP management, leveraging digital technologies, protecting IP rights, and engaging in licensing and e-commerce activities to maximize income and the economy of countries through the strong management of cultural institutions. Overall, the balanced management of IP in museums is crucial for ensuring the sustainability of museum operations and for preserving cultural heritage for future generations. By taking a balanced approach to identifying museum IP assets, museums can generate revenues and secure their financial sustainability to ensure the long-term preservation of their cultural heritage. We can divide IP assets in museums into two kinds: collection IP and museum-generated IP. Certain museums become confused and lose sight of their mission when trying to leverage collections-based IP. This was the case at the German State Museum in Berlin when the museum made 100 replicas from the Nefertiti bust and wrote under the replicas all rights reserved to the Berlin Museum and issued a certificate to prevent any person or Institution from reproducing any replica from this bust. The implications of IP in museums are far-reaching and can have significant impacts on the preservation of cultural heritage, the dissemination of information, and the development of educational programs. As such, it is important for museums to have a comprehensive understanding of IP laws and regulations and to properly manage IP to avoid legal liability, damage to reputation, and loss of revenue. The research aims to highlight the importance and role of intellectual property in museums and provide some illustrative examples of this.

Keywords: intellectual property, museum, cultural assets, sustainability, IP management

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2039 Ill-Defined and Ill-Equipped: Understanding the Limits of the Concept of Truth in South Africa’S Truth and Reconciliation Commission

Authors: Keo Mbebe

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The South African Truth and Reconciliation Commission (TRC) is widely regarded as a blueprint for countries seeking to transcend the atrocities of their past and create a new human rights-based administration. The aim of these societies is to establish historical truth. Within the TRC, the aspects of truth-finding and truth-telling were considered to be catalysts for national unity and reconciliation. Truth-seeking, in addition, was mandated in the Promotion of National Unity and Reconciliation Act (TRC Act), which is the legislation behind the TRC. However, there is an incongruency between the conception of truth outlined in the Act, and the conception of truth explained in the Report of the TRC proceedings. The aim of this paper is to delineate these two kinds of “truth” and to critically analyze them. Doing so, it will then be evident in the discussion that there is a need for substantial clarity in the conception of truth used in transitional justice settings based on truth-finding and truth-seeking, and the paper will present ways in which such clarity may be achieved. The paper will begin with a philosophical engagement on the notion of historical truth used by the TRC legislation. Thereafter, the historical background to the political context in which the TRC Act was mandated will be provided. The next section would then be a sketch of the conceptions of historical truth and historical injustice in the Act, as well as its supporting documents. Lastly, it will be argued that the subversion of the TRC’s mandate to promote reconciliation and national unity by bringing to light past human rights violations during apartheid is betrayed by its amorphous conception of historical truth.

Keywords: historical truth, human rights, transitional justice, truth commission

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2038 Vietnamese Les Rap as Art to Promote Rights and Gender

Authors: Ly Quyet Tien

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The object of this paper is to study Vietnamese Les Rap as art to promote rights and gender in the twenty-first century. The author analyzed Vietnamese Les Rap from the point of view of a contemporary person who has witnessed the tumultuous destiny of the most suffering minority group in Vietnam’s LGBT community. He reviewed scholarly studies, and reputable newspapers on the topic and conducted face to face interviews for qualitative data. The study found that Vietnamese lesbians have composed and used rap as an effective tool to express their fight for visibility, identity, and sensibility. Research reveals that these songs did not only touch the heart of the LGBT community but also the larger public, marking the rising queer voice, contributing to a flourishing of LGBT culture, and revolutionizing the colors of Vietnamese hip hop music in the twenty-first century.

Keywords: culture, lesbian, rap, Vietnam

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2037 Deconstructing and Reconstructing the Definition of Inhuman Treatment in International Law

Authors: Sonia Boulos

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The prohibition on ‘inhuman treatment’ constitutes one of the central tenets of modern international human rights law. It is incorporated in principal international human rights instruments including Article 5 of the Universal Declaration of Human Rights, and Article 7 of the International Covenant on Civil and Political Rights. However, in the absence of any legislative definition of the term ‘inhuman’, its interpretation becomes challenging. The aim of this article is to critically analyze the interpretation of the term ‘inhuman’ in international human rights law and to suggest a new approach to construct its meaning. The article is composed of two central parts. The first part is a critical appraisal of the interpretation of the term ‘inhuman’ by supra-national human rights law institutions. It highlights the failure of supra-national institutions to provide an independent definition for the term ‘inhuman’. In fact, those institutions consistently fail to distinguish the term ‘inhuman’ from its other kin terms, i.e. ‘cruel’ and ‘degrading.’ Very often, they refer to these three prohibitions as ‘CIDT’, as if they were one collective. They were primarily preoccupied with distinguishing ‘CIDT’ from ‘torture.’ By blurring the conceptual differences between these three terms, supra-national institutions supplemented them with a long list of specific and purely descriptive subsidiary rules. In most cases, those subsidiary rules were announced in the absence of sufficient legal reasoning explaining how they were derived from abstract and evaluative standards embodied in the prohibitions collectively referred to as ‘CIDT.’ By opting for this option, supra-national institutions have created the risk for the development of an incoherent body of jurisprudence on those terms at the international level. They also have failed to provide guidance for domestic courts on how to enforce these prohibitions. While blurring the differences between the terms ‘cruel,’ ‘inhuman,’ and ‘degrading’ has consequences for the three, the term ‘inhuman’ remains the most impoverished one. It is easy to link the term ‘cruel’ to the clause on ‘cruel and unusual punishment’ originating from the English Bill of Rights of 1689. It is also easy to see that the term ‘degrading’ reflects a dignatarian ideal. However, when we turn to the term ‘inhuman’, we are left without any interpretative clue. The second part of the article suggests that the ordinary meaning of the word ‘inhuman’ should be our first clue. However, regaining the conceptual independence of the term ‘inhuman’ requires more than a mere reflection on the word-meaning of the term. Thus, the second part introduces philosophical concepts related to the understanding of what it means to be human. It focuses on ‘the capabilities approach’ and the notion of ‘human functioning’, introduced by Amartya Sen and further explored by Martha Nussbaum. Nussbaum’s work on the basic human capabilities is particularly helpful or even vital for understanding the moral and legal substance of the prohibition on ‘inhuman’ treatment.

Keywords: inhuman treatment, capabilities approach, human functioning, supra-national institutions

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2036 Contemporary Terrorism: Root Causes and Misconceptions

Authors: Thomas Slunecko Karat

Abstract:

The years since 9/11 2001 have given us a plethora of research papers with the word ‘terrorism’ in the title. Yet only a small subset of these papers has produced new data, which explains why more than 20 years of research since 9/11 have done little to increase our understanding of the mechanisms that lead to terrorism. Specifically, terrorism scholars are divided by political, temporal, geographical and financial demarcation lines which prevent a clear definition of terrorism. As a consequence, the true root causes of terrorism remain unexamined. Instead, the psychopathological conditions of the individual have been emphasized despite ample empirical evidence pointing in a different direction. This paper examines the underlying reasons and motives that prevent open discourse about the root causes of terrorism and proposes that terrorism is linked to the current international system of resource allocation and systematic violations of human rights.

Keywords: terrorism, root causes of terrorism, prevention of terrorism, racism, human rights violations

Procedia PDF Downloads 87
2035 Responsibility to Protect and State Sovereignty: The Case of Syria

Authors: Renu Kumari

Abstract:

State sovereignty refers to the ability and power of a state to be independent and not to have any interference of external actors in its internal affairs. This phenomenon has been accepted by International Law, which gives rights to the state to maintain its autonomy and territorial integrity without the interference of other actors. In of 1980’s and 1990’s the world has witnessed the worst case of human rights violence for instance, Rwanda genocide, the conflict in former Yugoslavia, Kosovo, Burundi, and Chad so and so forth. Though human rights violence is not a new phenomenon, it has been present all over the world in different time and space. But in 1990’s after the devastation of these conflicts and violence the world community came up with the notion of humanitarian intervention in which some states took the responsibility of protecting human rights violations and on the in order to protect they can intervene in the internal matters of a state specifically during civil war where state is unable to protect its people. Later on these so-called world community realized that intervention itself is a negative term that was criticized also therefore they came up with a different notion that sounded positive which known as responsibility to protect. In 2005 onwards, the notion of responsibility to protect accepted and recognized by the United Nations and states at a larger level. In the case of Syria on the name of responsibility to protect foreign interventions took place and due to the internal war Syrian people were already facing many problems, the government was not able to protect them. External invasion caused many devastating outcomes to the country. This paper is an attempt to analyze various dimensions of invasion of external affairs of a particular state and the status of sovereignty. Firstly, it lays out the notion of humanitarian intervention and then the responsibility to protect. Secondly, it looks in the case of Syria since 2011, the conflict of Syria. Thirdly it focuses on various efforts made by international organizations and other actors. Lastly, it looks why and how other actors intervene in the internal matter of Syria.

Keywords: state sovereignty, external actors, intervention, responsibility to protect

Procedia PDF Downloads 157
2034 Higher Education and Students with Disabilities in Azerbaijan

Authors: Rima Mammadova

Abstract:

Azerbaijan is a developing country that tries to keep its own culture and traditions. At the same time tries to get benefit from the experience and knowledge of the developed countries. After the collapse of the Soviet Union, Azerbaijan got its independence and currently, implements various programs and policy initiatives to the development of different fields, such as an education, human rights, etc. Disability related issues are also in the main priority list of the country. During the Soviet Union, children with disabilities studied in the special schools, which called boarding schools. They were isolated from the society and most of them were not able to get their higher education. As the result of this kind of tendency, they were in dependence on their parents, relatives and especially the government, as there were several kind of pensions provided by the government depending on the level of disability. Although Azerbaijan maintain different programs, the remnants of the Soviet period still exists. This paper investigates the current situation in Azerbaijan concerning the higher education of people with disabilities. Qualitative and quantitative research methods used in this paper. As a qualitative method a literature review was done on what the term “disability” is and what kind of education rights possess people with disabilities in Azerbaijan. A detailed research also was done on legislation of the Republic of Azerbaijan concerning the education rights of people with disabilities in Azerbaijan. As a quantitative method, questionnaire was used. The questionnaires were sent to the 8 Azerbaijani Higher Education Institutions (HEIs) which are located in different regions of Azerbaijan in order to assess and evaluate the situation concerning the students with disabilities. The main aims of these questionnaires were to find out how many students with disabilities study in Higher Education Institutions in 8 HEIs and what kind of obstacles and challenges Institutions face concerning the education of students with disabilities. The researches provided for the project brought up the results that people with disabilities possess all rights concerning the education rights legally. However in the practice they face various types of obstacles and challenges. The number of students with disabilities in HEIs in Azerbaijan is significantly low. There are several kind of reasons that affect the number of students with disabilities in HEIs. As was mentioned before the remnants of the Soviet period exists in Azerbaijan and children with disabilities get their education in boarding schools and in most cases, these boarding schools give education till the 9th class, but to enter the University, pupils have to finish 11 classes in Azerbaijan. As a result, pupils with disabilities automatically disqualify to enter the university. The paper comes into conclusion that to eliminate the isolation of pupils with disabilities from HEIs, the government should pay more attention to the special schools for the pupils with disabilities, the boarding schools should be cancelled and etc. By the applying these kind of changes the rights of people with disabilities will be provided not only theoretically but also practically.

Keywords: Azerbaijan, disability, students with disabilities, boarding schools

Procedia PDF Downloads 262
2033 Growth of New Media Advertising

Authors: Palwinder Bhatia

Abstract:

As all know new media is a broad term in media studies that emerged in the latter part of the 20th century which refers to on-demand access to content any time, anywhere, on any digital device, as well as interactive user feedback, creative participation and community formation around the media content. The role of new media in advertisement is impeccable these days. It becomes the cheap and best way of advertising. Another important promise of new media is the democratization of the creation, publishing, distribution and consumption of media content. New media brings a revolution in about every field. It makes bridge between customer and companies. World make a global village with the only help of new media. Advertising helps in shaping the consumer behavior and effect on consumer psychology, sociology, social anthropology and economics. People do comments and like the particular brands on the networking sites which create mesmerism impact on the behavior of customer. Recent study did by Times of India shows that 64% of Facebook users have liked a brand on Facebook.

Keywords: film, visual, culture, media, advertisement

Procedia PDF Downloads 276
2032 Law, Resistance, and Development in Georgia: A Case of Namakhvani HPP

Authors: Konstantine Eristavi

Abstract:

The paper will contribute to the discussion on the pitfalls, limits, and possibilities of legal and rights discourse in opposing large infrastructural projects in the context of neoliberal globalisation. To this end, the paper will analyse the struggle against the Namakhvani HPP project in Georgia. The latter has been hailed by the government as one of the largest energy projects in the history of the country, with an enormous potential impact on energy security, energy independence, economic growth, and development. This takes place against the backdrop of decades of market-led -or neoliberal- model of development in Georgia, characterised by structural adjustments, deregulation, privatisation, and Laissez-Fair approach to foreign investment. In this context, the Georgian state vies with other low and middle-income countries for foreign capital by offering to potential investors, on the one hand, exemptions from social and environmental regulations and, on the other hand, huge legal concessions and safeguards, thereby participating in what is often called a “race to the bottom.” The Namakhvani project is a good example of this. At every stage, the project has been marred with violations of laws and regulations concerning transparency, participation, social and environmental regulations, and so on. Moreover, the leaked contract between the state and the developer reveals the contractual safeguards which effectively insulate the investment throughout the duration of the contract from the changes in the national law that might adversely affect investors’ rights and returns. These clauses, aimed at preserving investors' economic position, place the contract above national law in many respects and even conflict with fundamental constitutional rights. In response to the perceived deficiencies of the project, one of the largest and most diverse social movements in the history of post-soviet Georgia has been assembled, consisting of the local population, conservative and leftist groups, human rights and environmental NGOs, etc. Crucially, the resistance movement is actively using legal tools. In order to analyse both the limitations and possibilities of legal discourse, the paper will distinguish between internal and immanent critiques. Law as internal critique, in the context of the struggles around the Namakhvani project, while potentially fruitful in hindering the project, risks neglecting and reproducing those factors -e.g., the particular model of development- that made such contractual concessions and safeguards and concomitant rights violations possible in the first place. On the other hand, the use of rights and law as part of immanent critique articulates a certain incapacity on the part of the addressee government to uphold existing laws and rights due to structural factors, hence, pointing to a need for a fundamental change. This 'ruptural' form of legal discourse that the movement employs makes it possible to go beyond the discussion around the breaches of law and enables a critical deliberation on the development model within which these violations and extraordinary contractual safeguards become necessary. It will be argued that it is this form of immanent critique that expresses the emancipatory potential of legal discourse.

Keywords: law, resistance, development, rights

Procedia PDF Downloads 76
2031 A Conceptualization of the Relationship between Frontline Service Robots and Humans in Service Encounters and the Effect on Well-Being

Authors: D. Berg, N. Hartley, L. Nasr

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This paper presents a conceptual model of human-robot interaction within service encounters and the effect on the well-being of both consumers and service providers. In this paper, service providers are those employees who work alongside frontline service robots. The significance of this paper lies in the knowledge created which outlines how frontline service robots can be effectively utilized in service encounters for the benefit of organizations and society as a whole. As this paper is conceptual in nature, the main methodologies employed are theoretical, namely problematization and theory building. The significance of this paper is underpinned by the shift of service robots from manufacturing plants and factory floors to consumer-facing service environments. This service environment places robots in direct contact with frontline employees and consumers creating a hybrid workplace where humans work alongside service robots. This change from back-end to front-end roles may have implications not only on the physical environment, servicescape, design, and strategy of service offerings and encounters but also on the human parties of the service encounter itself. Questions such as ‘how are frontline service robots impacting and changing the service encounter?’ and ‘what effect are such changes having on the well-being of the human actors in a service encounter?’ spring to mind. These questions form the research question of this paper. To truly understand social service robots, an interdisciplinary perspective is required. Besides understanding the function, system, design or mechanics of a service robot, it is also necessary to understand human-robot interaction. However not simply human-robot interaction, but particularly what happens when such robots are placed in commercial settings and when human-robot interaction becomes consumer-robot interaction and employee-robot interaction? A service robot in this paper is characterized by two main factors; its social characteristics and the consumer-facing environment within which it operates. The conceptual framework presented in this paper contributes to interdisciplinary discussions surrounding social robotics, service, and technology’s impact on consumer and service provider well-being, and hopes that such knowledge will help improve services, as well as the prosperity and well-being of society.

Keywords: frontline service robots, human-robot interaction, service encounters, well-being

Procedia PDF Downloads 200
2030 An Investigative Study on the Use of Online Marketing Methods in Hungary

Authors: E. Happ, Zs. Ivancsone Horvath

Abstract:

With the development of the information technology, IT, sector, all industry of the world has a new path, dealing with digitalisation. Tourism is the most rapidly increasing industry in the world. Without digitalisation, tourism operators would not be competitive enough with foreign destinations or other experience-based service providers. Digitalisation is also necessary to enable organizations, which are interested in tourism to meet the growing expectations of consumers. With the help of digitalisation, tourism providers can also obtain information about tourists, changes in consumer behaviour, and the use of online services. The degree of digitalisation in tourism is different for different services. The research is based on a questionnaire survey conducted in 2018 in Hungary. The sample with more than 500 respondents was processed by the SPSS program, using a variety of analysis methods. The following two variables were observed from more aspects: frequency of travel and the importance of services related to online travel. With the help of these variables, a cluster analysis was performed among the participants. The sample can be divided into two groups using K-mean cluster analysis. Cluster ‘1’ is a positive group; they can be called the “most digital tourists.” They agree in most things, with low standard deviation, and for them, digitalisation is a starting point. To the members of Cluster ‘2’, digitalisation is important, too. The results show what is important (accommodation, information gathering) to them, but also what they are not interested in at all within the digital world (e.g., car rental or online sharing). Interestingly, there is no third negative cluster. This result (that there is no result) proves that tourism uses digitalisation, and the question is only the extent of the use of online tools and methods. With the help of the designed consumer groups, the characteristics of digital tourism segments can be identified. The help of different variables characterised these groups. One of them is the frequency of travel, where there is a significant correlation between travel frequency and cluster membership. The shift is clear towards Cluster ‘1’, which means, those who find services related to online travel more important, are more likely to travel as well. By learning more about digital tourists’ consumer behaviour, the results of this research can help the providers in what kind of marketing tools could be used to influence the consumer choices of the different consumer groups created using digital devices, furthermore how to conduct more detailed and effective marketing activities. The main finding of the research was that most of the people have digital tools which are important to be able to participate in e-tourism. Of these, mobile devices are increasingly preferred. That means the challenge for service providers is no longer the digital presence but having optimised application for different devices.

Keywords: cluster analysis, digital tourism, marketing tool, tourist behaviour

Procedia PDF Downloads 122
2029 Armed Forces Special Powers Act and Human Rights in Nagaland

Authors: Khrukulu Khusoh

Abstract:

The strategies and tactics used by governments throughout the world to counter terrorism and insurgency over the past few decades include the declaration of states of siege or martial law, enactment of anti-terrorist legislation and strengthening of judicial powers. Some of these measures taken have been more successful than the other, but some have proved counterproductive, alienating the public from the authorities and further polarizing an already fractured political environment. Such cases of alienation and polarization can be seen in the northeastern states of India. The Armed Forces (Special Powers) Act which was introduced to curb insurgency in the remote jungles of the far-flung areas has remained a telling tale of agony in the north east India. Grievous trauma to humans through encounter killings, custodial deaths, unwarranted torture, exploitation of women and children in several ways have been reported in Nagaland, Manipur and other northeastern states where the Indian army has been exercising powers under the Armed Forces (Special Powers) Act. While terrorism and the insurgency are destructive of human rights, counter-terrorism does not necessarily restore and safeguard human rights. This special law has not proven effective particularly in dealing with terrorism and insurgency. The insurgency has persisted in the state of Nagaland even after sixty years notwithstanding the presence of a good number of special laws. There is a need to fight elements that threaten the security of a nation, but the methods chosen should be measured, otherwise the fight is lost. There has been no review on the effectiveness or failure of the act to realize its intended purpose. Nor was there any attempt on the part of the state to critically look at the violation of rights of innocent citizens by the state agencies. The Indian state keeps enacting laws, but none of these could be effectively applied as there was the absence of clarity of purpose. Therefore, every new law which has been enacted time and again to deal with security threats failed to bring any solution for the last six decades. The Indian state resorts to measures which are actually not giving anything in terms of strategic benefits but are short-term victories that might result in long-term tragedies. Therefore, right thinking citizens and human rights activists across the country feel that introduction of Armed Forces (Special Powers) Act was as much violation of human rights and its continuation is undesirable. What worried everyone is the arbitrary use, or rather misuse of power by the Indian armed forces particularly against the weaker sections of the society, including women. After having being subjected to indiscriminate abuse of that law, people of the north-east India have been demanding its revocation for a long time. The present paper attempts to critically examine the violation of human rights under Armed Forces (Special Powers) Act. It also attempts to bring out the impact of Armed Forces (Special Powers) Act on the Naga people.

Keywords: armed forces, insurgency, special laws, violence

Procedia PDF Downloads 487
2028 The Study of Thai Consumer Behavior toward Buying Goods on the Internet

Authors: Pichamon Chansuchai

Abstract:

The study of Thai consumer behavior toward buying goods on the Internet is a survey research. The five-level rating scale and open-ended questionnaire are applied for this research procedure, which has more than 400 random sampling of Thai people aged between 15-40 years old. The summary findings are: The analysis of respondents profile were female 55.3% and male 44.8% , 35.3% aged between 20-30 years old, had been employed 29.5% with average income up to 11,000 baht/month 50.2% and expenditure more than 11,000 baht per month 29.3%. The internet usage behavior of respondents mostly found that objectives of the internet usage are: 1) Communication 93.3% 2) the categories of websites usage was trading 42.8% 3) The marketing mix effected to trading behavior via internet which can be analyzed in term of marketing factor as following: Product focused on product quality was the most influenced factor with average value 4.75. The cheaper price than overview market was the most effect factor to internet shopping with mean value 4.53. The average value 4.67 of the available place that could reduce spending time for shopping. The effective promotion of the buy 1 get 1 was the stimulus factor for internet shopping with mean value 4.60. For hypothesis testing, the different sex has relationship with buying decision. It presented that male and female have vary purchasing decision via internet with value of significant difference 0.05. Furthermore, the variety occupations of respondents related to the use of selected type of website. It also found that the vary of personal occupation effected to the type of website selection dissimilar with value of significant difference 0.05.

Keywords: behavior, internet, consumer, goods

Procedia PDF Downloads 245