Search results for: enforcement of laws

Authors: Jasmine Adela Mutang, Rosnah Ismail, Chua Bee Seok, Ferlis Bahari, Lailawati Madlan, Walton Wider, Rickless Das

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Waste projection is increasing and most landfills in Malaysia are running out of space. Due to that, waste management is now becoming a major challenge. The most sustainable solution is by practicing sustainable practices such as recycling. Since 1993 the government has launched several recycling campaigns and implemented the National Recycling Policy. However, public participation is still very low. Only 10.5% of solid waste was recycled up to now which is far below than of in developed countries. Nevertheless the government is optimistic that the target of 22% recycling by 2020 will be achieved if there is a positive flow pattern in sustainable practices in particular recycling behavior among Malaysian. Understanding public motivations towards recycling domestic waste are important to improve current recycling rate. Thus this study attempts to identify what are the possible motivations and hindrances for the public to recycle. Open-ended questions format were administered to 484 people in Kota Kinabalu, Sabah, Malaysia. Two specific questions we asked to explore their general determinants and barriers in practicing recycling: “What motivates you to recycle?” and “What are the barriers you encountered in doing recycling activities?” Thematic analysis was conducted on the open-ended questions in which themes were created with the raw comments. It was found that the underlying recycling motivations are awareness’ towards the environment, benefits to the society and individual, and social influence. Non participations are influence by attitudes, commitment, facilities, knowledge, inconvenience, and enforcement.

Keywords: recycling motivation, recycling barrier, sustainable, household waste

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Authors: Yayra Dzakadzie

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The descriptive cross-sectional survey study assessed dishonest academic intention, mediating academic goals, and attitude relationship with academic dishonesty among university undergraduate students in Ghana. The target population for this study was all the final-year undergraduate students enrolled full-time in Ghanaian public universities. One thousand two hundred (1,200) undergraduate students participated in the study. Multistage sampling was used to select the sample for the study. A structured questionnaire was used to collect the needed data to test hypotheses. Structural Equation Modelling (PLS-SEM) was used for the analyses. The results revealed that academic goals and attitudes had direct and indirect effects on academic dishonesty behaviour. Also, academic intention was statistically a significant mediator in the relationship that academic goals and attitude have with academic dishonesty. It was concluded that when academic goals are high, it compels individual students to try new strategies, and when academic goals are low, the students would like to “cut corners” to meet expectations. It was also concluded that when the attitude towards academic dishonesty is low, students are more unlikely to form an intention to be academically dishonest. It is recommended that lecturers should make their students aware of the goals that need to be attained in their courses and provide them with feedback on goal progress. Students should set their proximal goals and enhance their commitment so that they avoid putting things off. Enforcement of rules and regulations against academic dishonesty must be fully adhered to since students’ positive attitudes can result in high intention, which would lead to academic dishonesty behaviour.

Keywords: intention, academic goals, attitude, academic dishonesty, public university

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Authors: Pratyashi Phukan, Ranjan Saikia

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Morphometry incorporates quantitative study of the area ,altitude,volume, slope profiles of a land and drainage basin characteristics of the area concerned.Fluvial geomorphology includes the consideration of linear,areal and relief aspects of a fluvially originated drainage basin. The linear aspect deals with the hierarchical orders of streams, numbers, and lenghts of stream segments and various relationship among them.The areal aspect includes the analysis of basin perimeters,basin shape, basin area, and related morphometric laws. The relief aspect incorporates besides hypsometric, climographic and altimetric analysis,the study of absolute and relative reliefs, relief ratios, average slope, etc. In this paper we have analysed the relationship among stream velocity, channel shape,sediment load,channel width,channel depth, etc.

Keywords: morphometry, hydraulic geometry, Umtrew river, Meghalaya

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Authors: Samuel Opeyemi Williams, Razali Adul Hamid, Mohd Saidin Misman, Dominic Ileyemi Ajayi, Taki Eddine Seghier

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Construction industry is famous with hazardous and high-risk environment with operatives facing a greater risk of work-related fatality or injury than operatives in other industries. It is characterised with different types of accident, ranging from electrocution, trip and slip, fall from height, struck-by, explosion, trench collapse, to scaffolding accidents, with each type being caused by different factors. However, accidents are unplanned, unforeseeable and unexpected events, but regardless of the high-risk nature of the industry, accidents are preventable. The aim of the paper is to determine the extent of the utilization of the safety measures, as well as identifying the factors underlining the non-usage. A research methodology consisting of a literature review was used to identify the types and causes of site accidents, while a well-structured questionnaire was used to determine the level of the usage of safety measures on site. The data were analysed with the results revealing the use of protective clothing, safety helmet, first aid, protective shoe, safety belt, and face shield to aid safety of workers, as well as ascribing non-usage of safety measures to cost, ignorance, lack of experts and non-inclusion in contract document. Recommendations are included in the paper suggesting the enforcement of the utilization of safety measures in reducing the spate of accident occurrence on construction sites.

Keywords: construction industry, safety measures, accident, prevention

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Authors: Mehrab Gholami Zangalani, Siavash Rajabpour

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In compliance with the Statistical Centre of Iran (SCI)’s results, construction and housing section in Iran is consuming 40% of energy, which is 5 times more than the world average consumption. By considering the climate in Iran, the solutions in terms of design, construction and exploitation of the buildings by utilizing the LEED rating system (LRS) is presented, regarding to the reasons for the high levels of energy consumption during construction and housing in Iran. As a solution, innovative Work Break Structure (WBS) in accordance with LRS and Iranian construction’s methods is unveiled in this research. Also, by amending laws pertaining to the construction in Iran, the huge amount of energy and cost can be saved. Furthermore, with a scale-up of these results to the scale of big cities such as Tehran (one of the largest metropolitan areas in the middle east) in which the license to build more than two hundred and fifty units each day is issued, the amount of energy and cost that can be saved is estimated.

Keywords: costs reduction, energy statistics, leed rating system (LRS), work brake structure (WBS)

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Authors: Rhaptyalyani Herno Della, Nyimas Septi Rika Putri, Rika Nabila

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The growth of population and economic activities in urban areas needs support economic development, needs to be balanced with adequate environmental infrastructure development. Settlement can avoid from rundown condition and uninhabitable if the development of urban area accordance with healthy development. Identifying database of slum in this study reference to the Review of the Spatial Plan Development of Palembang City, Laws of Public Works Department about Technical Guidelines on the Quality Improvement Housing and Slum and Urban Spatial Global Report on Human Settlements 2003. A case study for identifying in Palembang riverbanks area are located in two districts; Ilir Timur I and Ilir Timur II. This study do the identification of slum areas based on several variables about physical and non physical aspect, then the result of identification are used to define a policy that can be used to improve the area.

Keywords: slum, riverbanks area, urban area, infrastructure

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Authors: Pravira Rizki Suwarno, Fanny Aliza Savitri, Priseyola Ayunda Prima, Pipin Surahman, Mahelga Levina Amran, Khoirunisa Ulya Nur Utari, Nora Permatasari

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The Bogowonto River or commonly called the Bhagawanta River, is one of the rivers on Java Island. It is located in Central Java, Indonesia. Its watershed area is 35 km² with 57 km long. This river covers three regencies, namely Wonosobo Regency and Magelang Regency in the upstream and Purworejo Regency in the south and downstream. The Bogowonto River experiences channel narrowing and silting. It is caused by garbage along the river that comes from livestock and household waste. The narrowing channel and siltation cause a capacity reduction of the river to drain flood discharge. Comprehensive and sustainable actions are needed in dealing with current and future floods. Based on these current conditions, a priority scale is required. Therefore, this study aims to determine the priority scale of flood management in Purworejo Regency using the Analytical Hierarchy Process (AHP) method. This method will determine the appropriate actions based on the rating. In addition, there will be field observations through distributing questionnaires to several parties, including the stakeholders and the community. The results of this study will be in 2 (two) forms of actions, both structurally covering water structures and non-structural, including social, environmental, and law enforcement.

Keywords: analytical hierarchy process, bogowonto, flood control, management

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Authors: Rebecca Rumbul

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The operation of the state can often appear opaque to citizens wishing to access official information, who have to negotiate a path through numerous levels of bureaucracy rationalized through institutional policy to acquire what information they want. Even where individual states have 'Right to Information' legislation guaranteeing citizen access to information, public sector conformity to such laws vary between states and between state organizations. In response to such difficulties in bringing citizens and information together, many NGO's around the world have begun designing and hosting digital portals to facilitate the requesting and receiving of official information. How then, are these 'civic technology' tools affecting the behavior of the state? Are they increasing the transparency of the state? This study looked at 5 Right to Information civic technology sites in Chile, Uruguay, Ukraine, Hungary and the UK, and found that such sites were providing a useful platform to publish official information, but that states were still reluctant to comply with all requests. It concludes that civic technology can be an important tool in increasing the transparency of the state, but that the state must have an institutional commitment to information rights for this to be fully effective.

Keywords: digital, ICT, transparency, civic technology

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Authors: Lauren Beth Birney

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

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

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Authors: Salman Khokhar

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The geopolitical landscape in Pakistan has become shrouded with suspicion between the state and the Ahmadiyya Muslim Community. The study argues that the social mobility of the community has become severely compromised, especially after the inception of the blasphemy laws and their subsequent enhancements in later years. The securitization of the community has ensured that the daily lives of Ahmadi Muslims have become severely restricted as their integration and assimilation into society become defined through their religious identity and beliefs. Consequently, performing congregational prayers or engaging in any other community activity is carried out secretly as the repercussions of such actions may lead to incarceration or, in some cases, even more extreme apprehension measures. The securitization of Ahmadis, and their daily lives are severely curtailed in Pakistan; however, due to transnational approaches, the community must implement specific measures to ensure the safety of its members, even in the West. The eyes of suspicion are always on the activities of the Ahmadiyya Muslim Community, and the community’s headquarters in Rabwah is always being viewed with suspicious lenses. The study considers how secrecy has enveloped the everyday life of the Ahmadi Muslim community and how it embodies characteristics which we thought had come to an end many years ago.

Keywords: freedom, ideology, Islam, persecution

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Authors: Hamed Djalal

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The thermal analysis of the mechanical draft wet cooling tower is performed in this study by the heat and mass transfer modelization in the packing zone. After combining the heat and mass transfer laws, the mass and energy balances and by involving the Merkel assumptions; firstly, an ordinary differential equations system is derived and solved numerically by the Runge-Kutta method to determine the water and air temperatures, the humidity, and also other properties variation along the packing zone. Secondly, by making some linear assumptions for the air saturation curve, an analytical solution is formed, which is developed for the air washer calculation, but in this study, it is applied for the cooling tower to express also the previous parameters mathematically as a function of the packing height. Finally, a good agreement with experimental data is achieved by both solutions, but the numerical one seems to be the more accurate for modeling the heat and mass transfer process in the wet cooling tower.

Keywords: evaporative cooling, cooling tower, air washer, humidification, moist air, heat, and mass transfer

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Authors: Maryam Safarirad

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Fast and increasing growth of electronic commerce (e-commerce) in developed countries and its resulting competitive advantages mean that those countries should revise dramatically their trade and commercial strategies and policies. Regarding the importance of food industry in Iran, the current paper studies the feasibility of implementing the e-commerce system in Shiraz’s petrochemical unit. The statistical population of the study includes 29 senior managers and experts of the food industries. In the present Feasibility study of implementing electronic commerce 249 research, senior managers and experts’ opinions on feasibility have been examined and some feedbacks have resulted in from the opinions. The current research concludes that the organization under study does not have favorable state either in software or in hardware. Implementation of the e-commerce system in food industries would reduce the average value of the transaction costs.

Keywords: electronic trading, electronic commerce, electronic exchange of information, feasibility study, information technology, virtual shopping, computer networks, electronic commerce laws, food industry

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Authors: Nandita Narayan

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In most constitutional democracies, courts have been the gatekeepers of fundamental rights. The task of determining whether a violation is in fact justified, therefore, is judicial. Any state action, legislative or administrative, has to be tested by the application of two standards – first, the action must be within the scope of the authority conferred by law and, second, it must be reasonable. If any action, within the scope of the authority conferred by law is found to be unreasonable, it will be struck down as unconstitutional or ultra vires. This paper seeks to analyse the varying standards of reasonableness adopted by the Supreme Court of India where there is a violation of fundamental rights by state action. This is sought to be done by scrutinising case laws and classifying the legality of the violation under one of three levels of judicial scrutiny—strict, intermediate, or weak. The paper concludes by proving that there is an irregularity in the standards adopted, thus resulting in undue discretionary power of the judiciary which strikes at the very concept of reasonableness and ultimately becomes arbitrary in nature. This conclusion is reached by the comparison of reasonableness review of fundamental rights in other jurisdictions such as the USA and Canada.

Keywords: constitutional law, judicial review, fundamental rights, reasonableness, India

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Authors: Rosyidah Muhamad

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Democracies are premised on the idea that citizens can hold their leaders accountable for their actions by voting for or against them in regular elections. However, in order this ideal to be realized, citizens must possess a minimum amount of information about their leaders’ performance. Citizens should be made aware of the performance of their elected representatives. This study seeks to analyse this critical information with special reference to Malaysian Parliamentarians (MPs). We adopted several existence Parliamentary Performance model with special reference to their performance inside the parliament. Among indicators used by the Scholastic for analysing this performance are the number of bills proposed by parliamentarian, the number of proposals that would benefit their constituency, the number of speeches made by the parliamentarian during plenary and the percentage of laws passed among the proposals made by certain parliamentary. The broad goals of the study include the analysis of the capacity of a representative body to accommodate the diverse claims and demands that are made on it. We find that overall performances of MPs are average. This is due to not only the background characteristic of individuals MPs but also the limitation of the mechanism provides in the Parliament itself.

Keywords: member of parliament, democracy, evaluation, Malaysia

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Authors: Marin Neio Demirci, Jan Mei Soon, Carol A. Wallace

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Muslims follow the religion of Islam and the food they eat should be Halal, meaning lawful or permissible. Muslims are allowed to eat halal and wholesome food that has been provided for them. However, some of the main prohibitions are swine flesh, blood, carrion, animals not slaughtered according to Islamic laws and alcoholic drinks. At present Halal assurance is in a complicated state, with various Halal standards differing from each other without gaining mutual acceptance. The world is starting to understand the need for an influential globally accepted standard that would open doors to global markets and gain consumer confidence. This paper discusses issues mainly related to food safety in Halal assurance. The aim was to discover and describe the approach to food safety requirements in Halal food provision and how this is incorporated in the Halal assurance systems. The position of food safety regulation within Halal requirements or Halal standards’ requirements for food safety is still unclear. This review also considers whether current Halal standards include criteria in common with internationally accepted food hygiene standards and emphasizes the potential of using the HACCP system for Halal assurance.

Keywords: certification, GHP, HACCP, Halal standard

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Authors: Adel Fathy Sadek Abdalla

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The issue of respect for human rights in Southeast Asia has become a major concern and is attracting the attention of the international community. Basically, the Association of Southeast Asian Nations (ASEAN) made human rights one of its main issues and in the ASEAN Charter in 2008. Subsequently, the Intergovernmental Commission on Human Rights ASEAN Human Rights (AICHR) was established. AICHR is the Southeast Asia Human Rights Enforcement Commission charged with the responsibilities, functions and powers to promote and protect human rights. However, at the end of 2016, the protective function assigned to the AICHR was not yet fulfilled. This is shown by several cases of human rights violations that are still ongoing and have not yet been solved. One case that has recently come to light is human rights violations against the Rohingya people in Myanmar. Using a legal-normative approach, the study examines the urgency of establishing a human rights tribunal in Southeast Asia capable of making a decision binding on ASEAN members or guilty parties. Data shows ASEAN needs regional courts to deal with human rights abuses in the ASEAN region. In addition, the study also highlights three important factors that ASEAN should consider when establishing a human rights tribunal, namely: Volume. a significant difference in terms of democracy and human rights development among the members, a consistent implementation of the principle of non-interference and the financial issue of the continuation of the court.

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

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Authors: Sanpetchuda Krutkrua, Suphawatchara Malanond

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Throughout the history of Antitrust regimes in Thailand, Thailand has been trying to prevent collusive practices in the market through the amendments of the Trade Competition Act, and Thailand just passed the current Trade Competition Act of B.E. 2560 in 2017 of which several aspects of the law were amended in order to enhance the prevention of collusive outcome through both vertical trade restraints and horizontal trade restraints. An agreement is vertical when it involves arrangements that are in a complementary relationship. In Section 55 of the Act, any agreements to reduce the price, quantity, or quality of the goods, agreements to assign a sole retailer for the goods, and the agreement to impose conditions on the retailers are not allowed. However, Section 56 provides exemptions for the vertical relationship between the business operators, the franchise agreement, and the licensing agreement as long as such agreements do not surpass the necessity to do so, create monopolization, or affect the consumers in terms of price, quality, quantity, or options. The paper aims to explore the extent of the exemption under Section 56 and sequential regulations in terms of the vertical trade restraints regarding intellectual property licensing, and, at the same time, compare with the exemptions under the European Union competition law, and Singapore competition law. Comparative legal analysis with leading jurisdiction will illustrate the application of the newly enacted Thai Competition Act in terms of its enforcement in the global impact of IP rights, which, by nature are de jure or de facto international protection.

Keywords: antitrust, competition law, vertical restraint, intellectual property, IP licensing

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Authors: Manveen Singh

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Since the very advent of law enforcement, eyewitness testimony has played a pivotal role in identifying, arresting and convicting suspects. Reliant heavily on the accuracy of human memory, nothing seems to carry more weight with the judiciary than the testimony of an actual witness. The acceptance of eyewitness testimony as a substantive piece of evidence lies embedded in the assumption that the human mind is adept at recording and storing events. Research though, has proven otherwise. Having carried out extensive study in the field of eyewitness testimony for the past 40 years, psychologists have concluded that human memory is fragile and needs to be treated carefully. The question that arises then, is how reliable is eyewitness testimony? The credibility of eyewitness testimony, simply put, depends on several factors leaving it reliable at times while not so much at others. This is further substantiated by the fact that as per scientific research, over 75 percent of all eyewitness testimonies may stand in error; quite a few of these cases resulting in life sentences. Although the advancement of scientific techniques, especially DNA testing, helped overturn many of these eyewitness testimony-based convictions, yet eyewitness identifications continue to form the backbone of most police investigations and courtroom decisions till date. What then is the solution to this long standing concern regarding the accuracy of eyewitness accounts? The present paper shall analyze the linkage between human memory and eyewitness identification as well as look at the various factors governing the credibility of eyewitness testimonies. Furthermore, it shall elaborate upon some best practices developed over the years to help reduce mistaken identifications. Thus, in the process, trace out the changing landscape of eyewitness testimony amidst the evolution of DNA and trace evidence.

Keywords: DNA, eyewitness, identification, testimony, evidence

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Authors: Muhammad Nooraiman bin Noorashid, Mohd Sharizuan bin Mohd Omar, Mohd Zabri Adil bin Talib, Aswami Fadillah bin Mohd Ariffin

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Nowadays cryptocurrency has become a global phenomenon known to most people. People using this alternative digital money to do a transaction in many ways (e.g. Used for online shopping, wealth management, and fundraising). However, this digital asset also widely used in criminal activities since its use decentralized control as opposed to centralized electronic money and central banking systems and this makes a user, who used this currency invisible. The high-value exchange of these digital currencies also has been a target to criminal activities. The cryptocurrency crimes have become a challenge for the law enforcement to analyze and to proof the evidence as criminal devices. In this paper, our focus is more on bitcoin cryptocurrency and the possible artifacts that can be obtained from the different type of digital wallet, which is software and browser-based application. The process memory and physical hard disk are examined with the aims of identifying and recovering potential digital evidence. The stage of data acquisition divided by three states which are the initial creation of the wallet, transaction that consists transfer and receiving a coin and the last state is after the wallet is being deleted. Findings from this study suggest that both data from software and browser type of wallet process memory is a valuable source of evidence, and many of the artifacts found in process memory are also available from the application and wallet files on the client computer storage.

Keywords: cryptocurrency, bitcoin, digital wallet, digital forensics

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Authors: Josephine O. Okocha, Ifeanyi Adigwe

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This research aims to examine the factors impacting women's retention in STEM in Nigeria and Georgia. In a bid to come up with strategies to enhance women’s participation in STEM, this study identifies and juxtaposes the factors impacting the retention of women in STEM and how they vary from one country to another are discussed. This study adopted the literature review method to perform the critical analysis. A total of 76 papers were retrieved from the Scopus database and were published between 2018 and 2023. Only 12 papers met the criteria for inclusion in the analysis. The findings reveal that the factors impacting women’s retention in STEM include funding (NGOs and government agencies), scholarship, specialized recruitment, mentoring, the establishment of women-only higher institutions, creating a balanced work and family environment, combating stereotypes, and enabling policies and laws. The paper highlights some key recommendations to help improve the retention of women in STEM in Africa and Nigeria in particular.

Keywords: STEM, women, retention, career, Nigeria, Georgia, women’s retention, women representation

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Authors: Stephen Clear

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Brexit, the relationship between devolved administrations, and Westminster, as well as recent Supreme Court judgments, all evidence that traditional paradigms in the divide between legal and political constitutionalism are changing within the United Kingdom. Whilst not mutually exclusive concepts, these latest constitutional developments suggest that the UK is about to embark upon radical constitutional reform over the course of the next decade. Such will systematically redefine the roles and relationships of each of the three arms of the State. In mapping these three latest events, this paper starts by defining constitutionalism as a jurisprudential concept, from the Age of Enlightenment, through to its present day manifestations in 2020. Such thereafter explains why the UK is seeking to move further away from political constitutionalism, and instead towards an increased reliance on newly defined laws and rules, particularly given that the UK now has a government with a stronger working majority following the general election results in 2019. In doing so, this paper concludes by commenting upon recent concerns surrounding the potential for the politicization of the judiciary within the United Kingdom, at a time when the UK Prime Minister is seeking to redefine the country’s constitutional rulebook.

Keywords: United Kingdom, Brexit, constitutionalism, law, politics, constitutional reform, separation of powers

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Authors: Mbuzeni Mathenjwa

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Upon their independence, most African countries adopted constitutions that proclaim respect for the rule of law. The decision to constitutionalise the rule of law is basically informed by the countries’ experience during the colonial era which was characterised by discrimination on various grounds including race, gender and religion. Despite the promise to be bound by and adhere to the rule of law, disrespect for the rule of law has become a norm in the African continent. This is evident from the reported incidence of abuse of power, failure to perform obligations imposed by law and flagrant disregard of the law by the Executive including the heads of states in the continent. In some African countries including South Africa, the courts of law have been approached to rule on the legality of the decisions of the executives, taken contrary to the prescripts of the law. South African Courts have laid down a number of decisions wherein they found that the conduct of the executive contravenes the rule of law. Consequently decisions of the executive have been declared invalid by courts. In this regard courts have become a safety net in preserving the rule of law in. Accordingly, this paper discusses the role of the courts in preserving the rule of law in Africa. This it does by explaining the notion of judicial independence and the doctrine of the rule of law. The explanation on the notion of judicial independence is relevant because only an independent judiciary can effectively review and set aside the decision of the executive including the president of a country. Furthermore, a comparative overview of the enforcement of the rule of law in African countries is done. The methods used for this research is literature review, and study of legislation and case law in selected African countries relating to the independence of the judiciary and the rule of law. Finally, a conclusion is drawn on the role of the independent judiciary to preserve the rule of law in Africa.

Keywords: Africa, constitutions, independence, judiciary

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Authors: Idris Lawal

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Electronic payment system is simply a payment or monetary transaction made over the internet or a network of computers. This study was carried out in order to assess how electronic payment system has impacted on banks service delivery, to examine the efficiency of electronic payment system in Nigeria and to determine the level of customer's satisfaction as a direct result of the deployment of electronic payment systems. It is an empirical study conducted using structured questionnaire distributed to officials and customers of Access Bank plc. Chi-square(x2) was adopted for the purpose of data analysis. The result of the study showed that the development of electronic payment system offer great benefit to bank customers including improved services, reduced turn-around time, ease of banking transaction, significant cost saving etc. The study recommends that customer protection laws should be properly put in place to safeguard the interest of end users of e-payment instruments.

Keywords: bank, electronic payment systems, service delivery, customer's satisfaction

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Authors: Partha Pratim Kalita

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As sound can be converted to light, light can also be deduced to sound. There are technologies to convert light to sound, but there are not many technologies related to the field where sound can be converted to a distinct vibrational sequence of light. Like the laws under which the principles of sound work, there are principles for the light to become quantum in nature. Thus, as we move from sound to the subtler aspects of light, we are moving from 3D to 5D. Either we will be making technologies of 3D in today’s world, or we will be really interested in making technologies of the 5D, depends on our understanding of how quantum 5D works. Right now, the entire world is talking about quantum, which is about the nature and behavior of subatomic particles, which is 5D. In practice, they are using metals and machines based on atomic structures. If we talk of quantum without taking note of the technologies of 5D and beyond, we will only be reinterpreting relative theories in the name of quantum. This paper, therefore, will explore the possibilities of moving towards quantum in its real essence with the Shoonya ecosystem (zero-point energy). In this context, the author shall highlight certain working models developed by him, which are currently in discussion with the Indian government.

Keywords: quantum mechanics, quantum technologies, healthcare, shoonya ecosystem, energy, human consciousness

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Authors: Min Wei

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With the rapid development eco-tourism resources exploitation, the conflict between economy development and ecological environment is increasingly prominent. The environmental protection laws, however, are lack of necessary legal support to use market mechanism and economic means to carry out ecological compensation and promote the environmental protection. In order to protect the sustainable utilization of eco-tourism resources and the benign development of the interests of various stakeholders, protection of ecological compensation balance should be put on schedule. The main role of institutional guarantee in eco-tourism resources' value compensation mechanism is to solve the question 'how to guarantee compensation'. The evaluation of the game model in this paper reveals that interest balance of stakeholders is an important cornerstone to obtain the sustainable development. The findings result in constructing a sustainable development pattern of eco- tourism industry based on tripartite game equilibrium among government, tourism enterprises and tourists. It is important that the social, economic and ecological environment should be harmonious development during the pursuit of eco-tourism growth.

Keywords: environmental protection, ecological compensation, eco-tourism, market mechanism

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Authors: Sunayana Basu Mallik, Shishira Prakash

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The inclusion of Rights of Author (Moral and Personal Rights) resonate the century long battle of rights of authors, composers, performers across developed and developing countries (whether following civil law or common law systems). But, the juxtaposition of author’s special, moral, personal rights within the legislative framework of Copyright statutes (Indian Copyright Act, 1957, applicable statutes) underscores the foundational role of the right which goes to the root of the constitutional structure of India and philosophies of political and literary leaders like Mahatma Gandhi and Gurudeb Rabindranath Tagore. In the pre-independence era when the concept of moral rights was unknown to both England and India’s statutory laws, the strategic deployment method of Gandhi, his ideologies and thoughts scripted the concept of moral rights for authors/composers. The preservation of Rabindric Style (Characteristic Tagore’s vocal renditions) by Vishwabharati University (successor in interest for Tagore’s literary and musical compositions) prior to the Copyright Amendment of 1999 recognizing Author’s Special Rights in line with 6bis of Berne Convention invigorates the fact that the right existed intrinsically prior to the legislative amendment. The paper would in addition to the academic probe carry out an empirical enquiry of the institution’s (Navjivan Trust and Vishwa Bharati University’s) reasoning on the same. The judicial discourse and transforming constitutional ideals between 1950s till date in India alludes Moral Rights to be an essential legal right which have been reasoned by Indian Courts based on the underlying philosophies in culture, customs, religion wherein composers and literary figures have played key roles in enlightening and encouraging the members of society through their literary, musical and artistic work during pre-independence renaissance of India. The discourses have been influenced by the philosophies reflected in the preamble of the Indian constitution, ‘socialist, secular, democratic republic’ and laws of other civil law countries. Lastly, the paper would analyze the adjudication process and witness involvement in ascertaining violations of moral rights and further summarize the indigenous and country specific economic thoughts that often chisel decisions on moral rights of authors, composers, performers which sometimes intersect with author’s right of privacy and against defamation. The exclusivity contracts or other arrangements between authors, composers and publishing companies not only have an erosive effect on each thread of moral rights but irreparably dents factors that promote creativity. The paper would also be review these arrangements in view of the principles of unjust enrichment, unfair trade practices, anti-competitive behavior and breach of Section 27 (Restrain of Trade) of Indian Contract Act, 1857. The paper will thus lay down the three pillars on which author’s rights in India should namely rest, (a) political and judicial discourse evolving principles supporting moral rights of authors; (b) amendment and insertion of Section 57 of the Copyright Act, 1957; (c) overall constitutional framework supporting author’s rights.

Keywords: copyright, moral rights, performer’s rights, personal rights

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Authors: Wen-Yan Chiau

Abstract:

Taiwan passed the 'Basic Ocean Act' in November 2019, and in accordance with Article 4 of its provisions, the government should draft a decree on ocean space planning (MSP). In the past few years, although Taiwan has passed the 'Coastal Zone Management Act' and the 'Spatial Planning Act', in the face of multiple use of marine areas, it still lacks a comprehensive marine area use blueprint and a fundamental mechanism for multi-purpose use planning management. In particular, Taiwan's active development of offshore wind power is facing this problem, and it is impossible to fully reconcile the use of each domain and the public welfare through a holistic system, highlighting the urgency of the establishment of MSP system. Therefore, this article will review relevant Taiwan laws and regulations, refer to important international initiatives and experiences, and participate in the exchange of practical experience in international conference(s), and propose adequate framework, principles, procedures, and promotion strategies on MSP. Possible solutions to promote sustainable and wise use in Taiwan's waters will also be suggested for comments.

Keywords: basic ocean act, coastal zone management act, marine spatial planning, spatial planning act, Taiwan

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Authors: G. L. Rithika, Arvind B. S., Akash R., Ananda Vinayak, Hema M. S.

Abstract:

Cryptocurrencies were first launched in the year 2009 and have been a great asset to own. Cryptocurrencies are a representation of a completely distinct decentralization model for money. They also contribute to the elimination of currency monopolies and the liberation of money from control. The fact that no government agency can determine a coin's value or flow is what cryptocurrency advocates believe makes them safe and secure. The aim of this paper is to analyze the economic implications of cryptocurrency and how it would disrupt traditional financial systems. This paper analyses the growth of Cryptocurrency over the years and the potential threats of cryptocurrency to financial systems. Our analysis shows that although the DeFi design, like the traditional financial system, may have the ability to lower transaction costs, there are multiple layers where rents might build up because of endogenous competition limitations. The permissionless and anonymous design of DeFi poses issues for ensuring tax compliance, anti-money laundering laws and regulations, and preventing financial misconduct.

Keywords: cryptocurrencies, bitcoin, blockchain technology, traditional financial systems, decentralisation, regulatory framework

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Authors: Jingchen Zhao

Abstract:

Corporate social responsibility (CSR), a major contemporary focus for companies, governments, NGOs and communities, is discussed from a multi-disciplinary perspective. The term is introduced and defined to achieve a combination of economic, social, environmental and philanthropic goals, and its adoption in company law legislations in a few jurisdictions is discussed. Despite its positive social and environmental impacts, the notion has been widely criticised for being ill-defined and fundamentally flawed in the domain of corporate law. The value and effectiveness of CSR have been interrogated for many reasons, always inter-related. This article aims to consider and address some of these problems and assess how CSR could be sharpened and made more effective through the lens of accountability, focussing on the rationale behind and the means of regulation of CSR. The article aims to achieve two interrelated goals. First, it examines the function of accountability in the arguments in favour of CSR by investigating the extent to which the notion of accountability could be used as a criterion for regulating CSR, so that companies may be held accountable for corporate decisions affecting their stakeholders. Second, this article will examine the scope and goals of CSR and board accountability, creating the possibility of a more comprehensive understanding of the two notions from an interactive perspective. In order to link CSR and accountability closely to generate a more appropriate definition of CSR that is could be more appropriately and effectively applied in corporate law, the concept of corporate social accountability (CSA) will be evaluated, with the aim of broadening its latitude beyond disclosure. This will involve a rigorous assessment of the process of fulfilling directors’ duties via questioning from stakeholder groups during meetings or committees, together with explanations and justifications from the board. This will be followed by discussions on enforcement measures in relation to the concept of CSA.

Keywords: corporate governance, CSR, board accountability, corporate law

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Authors: Kahil Amar, Meziani Faroudja, Khelil Nacim

Abstract:

The principal objective of this study is the evaluation of the seismic performance of reinforced concrete frame structures, taking into account of the behavior laws, reflecting the real behavior of materials, using CASTEM2000 software. A finite element model used is based in modified Takeda model with Timoshenko elements for columns and beams. This model is validated on a Vecchio experimental reinforced concrete (RC) frame model. Then, a study focused on the behavior of a RC frame with three-level and three-story in order to visualize the positioning the plastic hinge (plastic rotation), determined from the curvature distribution along the elements. The results obtained show that the beams of the 1^st and 2^nd level developed a very large plastic rotations, or these rotations exceed the values corresponding to CP (Collapse prevention with cp q_CP = 0.02 rad), against those developed at the 3^rd level, are between IO and LS (Immediate occupancy and life Safety with q_IO = 0.005 rad and rad q_LS = 0.01 respectively), so the beams of first and second levels submit a very significant damage.

Keywords: seismic performance, performance level, pushover analysis, plastic rotation, plastic hinge

Procedia PDF Downloads 123