Search results for: nuances of Article 21
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 3270

Search results for: nuances of Article 21

3240 The Role of Technology in Transforming the Finance, Banking, and Insurance Sectors

Authors: Farid Fahami

Abstract:

This article explores the transformative role of technology in the finance, banking, and insurance sectors. It examines key technological trends such as AI, blockchain, data analytics, and digital platforms and their impact on operations, customer experiences, and business models. The article highlights the benefits of technology adoption, including improved efficiency, cost reduction, enhanced customer experiences, and expanded financial inclusion. It also addresses challenges like cybersecurity, data privacy, and the need for upskilling. Real-world case studies demonstrate successful technology integration, and recommendations for stakeholders emphasize embracing innovation and collaboration. The article concludes by emphasizing the importance of technology in shaping the future of these sectors.

Keywords: banking, finance, insurance, technology

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3239 Sukuk Issuance and Its Regulatory Framework in Saudi Arabia

Authors: Ali Alshamrani

Abstract:

This article aims to give a comprehensive and critical review of sukuk issuance in Saudi Arabia, and the extent to which the issuance of sukuk in Saudi Arabia is consistent with Shariah requirements. The article is divided into two sections. Accordingly, the first section of this article begins with an examination of sukuk in general, and includes the concept of sukuk, the basic principles of sukuk, common types of sukuk, and a critical analysis of the most important differences between sukuk and conventional bonds. The second section gives a critical analysis of how sukuk work in Saudi Arabia, offering the regulatory framework of the issuance of sukuk in the KSA, and the legal challenges from Shariah point of view, and provide recommendations to overcome these challenges.

Keywords: sukuk issuance, Shariah, Saudi Arabia, capital market authority

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3238 Illegal Immigrants of Bangladesh in Malaysia and Present Situation

Authors: Md. Zahidul Islam

Abstract:

Illegal immigrants’ problem is a big problem all over the world including America. Malaysia is also facing this problem. Nowadays, it is turned into a major problem for Malaysia. Many illegal immigrants are staying in Malaysia from different countries such as Bangladesh, Myanmar, India, Pakistan, Indonesia, Vietnam, Thailand, Philippine, Nigeria. This article is only focusing on the present situation of illegal immigrants of Bangladesh. The aim of this article is to highlight how the Bangladeshi nationals are becoming an illegal immigrant in Malaysia. In the same time, this article also tries to identify the present situation of Bangladeshi illegal immigrants in Malaysia. The research will adopt qualitative methods of research. Both countries have to find a solution to solve this problem.

Keywords: illegal immigrants, present situation, Bangladesh, Malaysia

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3237 Legal Judgment Prediction through Indictments via Data Visualization in Chinese

Authors: Kuo-Chun Chien, Chia-Hui Chang, Ren-Der Sun

Abstract:

Legal Judgment Prediction (LJP) is a subtask for legal AI. Its main purpose is to use the facts of a case to predict the judgment result. In Taiwan's criminal procedure, when prosecutors complete the investigation of the case, they will decide whether to prosecute the suspect and which article of criminal law should be used based on the facts and evidence of the case. In this study, we collected 305,240 indictments from the public inquiry system of the procuratorate of the Ministry of Justice, which included 169 charges and 317 articles from 21 laws. We take the crime facts in the indictments as the main input to jointly learn the prediction model for law source, article, and charge simultaneously based on the pre-trained Bert model. For single article cases where the frequency of the charge and article are greater than 50, the prediction performance of law sources, articles, and charges reach 97.66, 92.22, and 60.52 macro-f1, respectively. To understand the big performance gap between articles and charges, we used a bipartite graph to visualize the relationship between the articles and charges, and found that the reason for the poor prediction performance was actually due to the wording precision. Some charges use the simplest words, while others may include the perpetrator or the result to make the charges more specific. For example, Article 284 of the Criminal Law may be indicted as “negligent injury”, "negligent death”, "business injury", "driving business injury", or "non-driving business injury". As another example, Article 10 of the Drug Hazard Control Regulations can be charged as “Drug Control Regulations” or “Drug Hazard Control Regulations”. In order to solve the above problems and more accurately predict the article and charge, we plan to include the article content or charge names in the input, and use the sentence-pair classification method for question-answer problems in the BERT model to improve the performance. We will also consider a sequence-to-sequence approach to charge prediction.

Keywords: legal judgment prediction, deep learning, natural language processing, BERT, data visualization

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3236 The Nuclear Power Plant Environment Monitoring System through Mobile Units

Authors: P. Tanuska, A. Elias, P. Vazan, B. Zahradnikova

Abstract:

This article describes the information system for measuring and evaluating the dose rate in the environment of nuclear power plants Mochovce and Bohunice in Slovakia. The article presents the results achieved in the implementation of the EU project–Research of monitoring and evaluation of non-standard conditions in the area of nuclear power plants. The objectives included improving the system of acquisition, measuring and evaluating data with mobile and autonomous units applying new knowledge from research. The article provides basic and specific features of the system and compared to the previous version of the system, also new functions.

Keywords: information system, dose rate, mobile devices, nuclear power plant

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3235 Teaching Synonyms for Non-Arabic Speakers

Authors: Loay Badran

Abstract:

This article on synonymy came into existence to meet the academic needs of students who specialize in this field. The article has two parts: the first part discusses the forms that authors of textbooks and dictionaries assumed when explaining a word as well as explaining the precision or lack of it thereof in delivering an understandable and clear meaning of using such forms. Meanwhile, the second part of this research article focuses on the application of synonymy and at taking into consideration the point of view of others who dismissed synonymy in its minute details, especially Alaskari in his book “Linguistic Differences” “Al Forouq Alloqhawiyyah”. The author determined that collecting the most commonly-used synonymous notions scattered in Alaskari’s book and compiling them in tables would be of great importance in easing lessons according to the Arabic Alphabet System meanwhile citing all that pertains to the corresponding scattered pages in “Linguistic Differences”.

Keywords: synonymy, semantics, camel, teaching, non-native

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3234 Demystifying the Legitimacy of the International Court of Justice

Authors: Roger-Claude Liwanga

Abstract:

Over the last seven decades, there has been a proliferation of international tribunals. Yet, they have not received unanimous approval, raising a question about their legitimacy. A legitimate international tribunal is one whose authority to adjudicate international disputes is perceived as justified. Using the case study of the International Court of Justice (ICJ), this article highlights the three criteria that should be considered in assessing the legitimacy of an international tribunal, which include legal, sociological, and moral elements. It also contends that the ICJ cannot claim 'full' legitimacy if any of these components of legitimacy is missing in its decisions. The article further suggests that the legitimacy of the ICJ has a dynamic nature, as litigating parties may constantly change their perception of the court’s authority at any time before, during, or after the judicial process. The article equally describes other factors that can contribute to maintaining the international court’s legitimacy, including fairness and unbiasedness, sound interpretation of international legal norms, and transparency.

Keywords: international tribunals, legitimacy, human rights, international law

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3233 Children Learning Chinese as a Home Language in an English-Dominant Society

Authors: Sinming Law

Abstract:

Many Chinese families face many difficulties in maintaining their heritage language for their children in English-dominant societies. This article first looks at the losses from monolingualism and benefits of bilingualism. Then, it explores the common methods used today in teaching Chinese. We conclude that families and community play an indispensable role in their children’s acquisition. For children to acquire adequate proficiency in the language, educators should inform families about this topic and partner with them. Families can indeed be active in the process. Hence, the article further describes a guide designed and written by the author to accommodate the needs of parents. It can be used as a model for future guides. Further, the article recommends effective media routes by which families can have access to similar guides.

Keywords: children learning Chinese, biliteracy and bilingual acquisition, family and community support, heritage language maintenance

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3232 Place-Based Practice: A New Zealand Rural Nursing Study

Authors: Jean Ross

Abstract:

Rural nursing is not an identified professional identity in the UK, unlike the USA, Canada, and Australia which recognizes rural nursing as a specialty scope of practice. In New Zealand rural nursing is an underrepresented aspect of nursing practice, is misunderstood and does not fit easily within the wider nursing profession and policies governing practice. This study situated within the New Zealand context adds to the international studies’ aligned with rural nursing practice. The study addresses a gap in the literature by striving to identify and strengthen the awareness of and increase rural nurses’ understanding and articulation of their changing and adapting identity and furthermore an opportunity to appreciate their contribution to the delivery of rural health care. In addition, this study adds to the growing global rural nursing knowledge and theoretical base. This research is a continuation of the author’s academic involvement and ongoing relationships with the rural nursing sector, national policy analysts and health care planners since the 1990s. These relationships have led to awareness, that despite rural nurses’ efforts to explain the particular nuances which make up their practice, there has been little recognition by profession to establish rural nursing as a specialty. The research explored why nurses’ who practiced in the rural Otago region of New Zealand, between the 1990s and early 2000s moved away from the traditional identity as a district, practice or public health nurse and looked towards a more appropriate identity which reflected their emerging practice. This qualitative research situated within the interpretive paradigm embeds this retrospective study within the discipline of nursing and engages with the concepts of place and governmentality. National key informant and Otago regional rural nurse interviews generated data and were analyzed using thematic analysis. Stemming from the analyses, an analytical diagrammatic matrix was developed demonstrating rural nursing as a ‘place–based practice’ governed both from within and beyond location presenting how the nurse aligns the self in the rural community as a meaningful provider of health care. Promoting this matrix may encourage a focal discussion point within the international spectrum of nursing and likewise between rural and non-rural nurses which it is hoped will generate further debate in relation to the different nuances aligned with rural nursing practice. Further, insights from this paper may capture key aspects and issues related to identity formation in respect to rural nurses, from the UK, New Zealand, Canada, USA, and Australia.

Keywords: matrix, place, nursing, rural

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3231 Lead in The Blood and Hypertension in Indonesia: A Systematic Review

Authors: Ainia Nurul Aqida

Abstract:

Lead is one of the sources of air pollution. The use of lead on motor vehicle fuels resulted in the increasing contamination of lead in the air. The polluted air that has been inhaled by many people, especially guards and sellers of retail gasoline filling stations. The impact is increased levels of lead in blood. One result is an increase in blood pressure that causes hypertension. This research would like to know the relationship between blood lead levels in the incidence of hypertension in Indonesia. The method used in this study is a systematic review of the three journals have been published in the year 2007 to the year 2010 with the total sample is 312 samples. Odd ratio values obtained in the first article was OR = 6.50 pvalue = 0.000, CI = 95 % (2.89 to 14.60), and the second article was obtained OR 2.619 (95 % CI: 0.944 to 7.625) pvalue = 0.028, and the third article was obtained 0.002 r = 0.324 R2 = 10.5 %. Over all, there is a relationship between blood lead levels with the incidence of hypertension in Indonesia.

Keywords: lead, blood, air pollution, hypertension

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3230 Legal Allocation of Risks: A Computational Analysis of Force Majeure Clauses

Authors: Farshad Ghodoosi

Abstract:

This article analyzes the effect of supervening events in contracts. Contracts serve an important function: allocation of risks. In spite of its importance, the case law and the doctrine are messy and inconsistent. This article provides a fresh look at excuse doctrines (i.e., force majeure, impracticability, impossibility, and frustration) with a focus on force majeure clauses. The article makes the following contributions: First, it furnishes a new conceptual and theoretical framework of excuse doctrines. By distilling the decisions, it shows that excuse doctrines rests on the triangle of control, foreseeability, and contract language. Second, it analyzes force majeure clauses used by S&P 500 companies to understand the stickiness and similarity of such clauses and the events they cover. Third, using computational and statistical tools, it analyzes US cases since 1810 in order to assess the weight given to the triangle of control, foreseeability, and contract language. It shows that the control factor plays an important role in force majeure analysis, while the contractual interpretation is the least important factor. The Article concludes that it is the standard for control -whether the supervening event is beyond the control of the party- that determines the outcome of cases in the force majeure context and not necessarily the contractual language. This article has important implications on COVID-19-related contractual cases. Unlike the prevailing narrative that it is the language of the force majeure clause that’s determinative, this article shows that the primarily focus of the inquiry will be on whether the effects of COVID-19 have been beyond the control of the promisee. Normatively, the Article suggests that the trifactor of control, foreseeability, and contractual language are not effective for allocation of legal risks in times of crises. It puts forward a novel approach to force majeure clauses whereby that the courts should instead focus on the degree to which parties have relied on (expected) performance, in particular during the time of crisis.

Keywords: contractual risks, force majeure clauses, foreseeability, control, contractual language, computational analysis

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3229 The Correlation Between the Rise of China and the US-Iranian Conflict: An American Perspective

Authors: Ranj Tofik

Abstract:

This article aims to demonstrate a link and/or correlation between the rise of China and the US-Iranian conflict, from a US point of view. To demonstrate this link, the article relies on the content analysis method by analyzing American reports and official data. This article concludes that this correlation indicates that the more China rises and the greater the Chinese threat to America, the more changes will occur in the US-Iranian conflict and the US actions regarding this conflict will increase – in the form of imposing sanctions and using means of pressure on Iran, or trying to reach an agreement and settlement with Iran. This article, via noting and observing that correlation, also claims that before 2012, Iran was a regional threat to US interests in the Middle East. However, after 2012 when the rise of China became one of the major threats to America, Iran, because of its rapprochement with China, became also part of the Chinese threat, which is a threat to America's global standing. In addition, observing this correlation indicates the possibility that the rise of China and its threat to the USA has become one of the main drivers in the US-Iranian conflict. Consequently, it can be said that Iran has become a vital issue in the US-China rivalry, as it has become an appropriate gateway for China to enter the Middle East and undermine US hegemony there.

Keywords: China-Iran relations, China's rise, JCPOA, US-Chinese competition, US-Iranian conflict

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3228 The Role of Psychology in Language Teaching

Authors: Elahesadat Emrani

Abstract:

The role of psychology in language teaching has gained significant recognition and importance in recent years. This article explores the intersection of psychology and language teaching and highlights the profound impact that psychological principles and theories have on language learning and instruction. It discusses how an understanding of learners' cognitive processes, motivations, and affective factors can inform instructional strategies, curriculum design, and assessment practices. Additionally, the article sheds light on the importance of considering individual differences and diverse learning styles within the psychological framework of language teaching. This article emphasizes the significance of incorporating psychological insights into language classrooms to create a supportive and effective learning environment. Furthermore, it acknowledges the role of psychology in fostering learner autonomy, enhancing learner motivation, promoting effective communication, and facilitating language acquisition. Overall, this article underscores the necessity of integrating psychology into language teaching practices to optimize learning outcomes and nurture learners' linguistic and socio-emotional development. So far, no complete research has been done in this regard, and this article deals with this important issue for the first time. The research method is based on qualitative method and case studies, and the role of psychological principles in strengthening the learner's independence, increasing motivation, and facilitating language learning. Also, the optimization of learning results and fostering language and social development are among the findings of the research.

Keywords: language, teaching, psychology, methods

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3227 Carnatic Music Ragas and Their Role in Music Therapy

Authors: Raghavi Janaswamy, Saraswathi K. Vasudev

Abstract:

Raga, as the soul and base, is a distinctive musical entity, in the music system, with unique structure on its construction of srutis (musical sounds) and application. One of the essential components of the music system is the ‘tala’ that defines the rhythm of a song. There are seven basic swaras (notes) Sa, Ri, Ga, Ma, Pa, Da and Ni in the carnatic music system that are analogous to the C, D, E, F, G, A and B of the western system. The carnatic music further builds on conscious use of microtones, gamakams (oscillation) and rendering styles. It has basic 72 ragas known as melakarta ragas, and a plethora of ragas have been developed from them with permutations and combinations of the basic swaras. Among them, some ragas derived from a same melakarta raga are distinctly different from each other and could evoke a profound difference in the raga bhava (emotion) during rendering. Although these could bear similar arohana and avarohana swaras, their quintessential differences in the gamakas usage and srutis present therein offer varied melodic feelings; variations in the intonation and stress given to certain swara phrases are the root causes. This article enlightens a group of such allied ragas (AR) from the perspectives of their schema and raga alapana (improvisation), ranjaka prayogas (signature phrases), differences in rendering tempo, gamakas and delicate srutis along with the range of sancharas (musical phrases). The intricate differences on the sruti frequencies and use of AR in composing kritis (musical compositions) toward emotive accomplishments such as mood of valor, kindness, love, humor, anger, mercy to name few, have also been explored. A brief review on the existing scientific research on the music therapy on some of the Carnatic ragas is presented. Studying and comprehending the AR, indeed, enable the music aspirants to gain a thorough knowledge on the subtle nuances among the ragas. Such knowledge helps leave a long-lasting melodic impression on the listeners and enable further research on the music therapy.

Keywords: Carnatic music, allied ragas, melakarta, gamakam

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3226 Using Trip Planners in Developing Proper Transportation Behavior

Authors: Grzegorz Sierpiński, Ireneusz Celiński, Marcin Staniek

Abstract:

The article discusses multi modal mobility in contemporary societies as a main planning and organization issue in the functioning of administrative bodies, a problem which really exists in the space of contemporary cities in terms of shaping modern transport systems. The article presents classification of available resources and initiatives undertaken for developing multi modal mobility. Solutions can be divided into three groups of measures–physical measures in the form of changes of the transport network infrastructure, organizational ones (including transport policy) and information measures. The latter ones include in particular direct support for people travelling in the transport network by providing information about ways of using available means of transport. A special measure contributing to this end is a trip planner. The article compares several selected planners. It includes a short description of the Green Travelling Project, which aims at developing a planner supporting environmentally friendly solutions in terms of transport network operation. The article summarizes preliminary findings of the project.

Keywords: mobility, modal split, multimodal trip, multimodal platforms, sustainable transport

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3225 Transfer of Business Anti-Corruption Norms in Developing Countries: A Case Study of Vietnam

Authors: Candice Lemaitre

Abstract:

During the 1990s, an alliance of international intergovernmental and non-governmental organizations proposed a set of regulatory norms designed to reduce corruption. Many governments in developing countries, such as Vietnam, enacted these global anti-corruption norms into their domestic law. This article draws on empirical research to understand why these anti-corruption norms have failed to reduce corruption in Vietnam and many other developing countries. Rather than investigating state compliance with global anti-corruption provisions, a topic that has already attracted considerable attention, this article aims to explore the comparatively under-researched area of business compliance. Based on data collected from semi-structured interviews with business managers in Vietnam and archival research, this article examines how businesses in Vietnam interpret and comply with global anti-corruption norms. It investigates why different types of companies in Vietnam engage with and respond to these norms in different ways. This article suggests that global anti-corruption norms have not been effective in reducing corruption in Vietnam because there is fragmentation in the way companies in Vietnam interpret and respond to these norms. This fragmentation results from differences in the epistemic (or interpretive) communities that companies draw upon to interpret global anti-corruption norms. This article uses discourse analysis to understand how the communities interpret global anti-corruption norms. This investigation aims to generate some predictive insights into how companies are likely to respond to anti-corruption regimes based on global anti-corruption norms.

Keywords: anti-corruption, business law, legal transfer, Vietnam

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3224 Logic of the Prospect Theory: The Decision Making Process of the First Gulf War and the Crimean Annexation

Authors: Zhengyang Ma, Zhiyao Li, Jiayi Zhang

Abstract:

This article examines the prospect theory’s arguments about decision-making through two case studies, the First Gulf War and Russia’s annexation of Crimea. The article uses the methods of comparative case analysis and process tracing to investigate the prospect theory’s fundamental arguments. Through evidence derived from existing primary and secondary sources, this paper argues that both former U.S. President Bush and Russian President Putin viewed their situations as a domain of loss and made risky decisions to prevent further deterioration, which attests the arguments of the prospect theory. After the two case studies, this article also discusses how the prospect theory could be used in analyzing the decision-making process that led to the current Russia-Ukraine War.

Keywords: the prospect theory, international relations, the first gulf war, the crimea crisis

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3223 The Emergence of Information and Communication Technologies Acting as a Challenge for Media Literacy

Authors: Geetu Gahlawat, Manisha Singh

Abstract:

In the recent years, the concept of media literacy is being extended from its traditional focus on print and audio-visual media to encompass the internet and other new media within academic and policy discourses. This article throws revolves around three significant queries which are to be dealt by the academia, general public and the policy-makers: What is media literacy? How is it changing? And what is the significance of media literacy? At the beginning of the article, the definition 'media literacy' is the ability to access, analyse, evaluate and create messages across a variety of contexts are given and then this is further being tested in connection with the internet and other information and communication technologies.Having advocated this skills-based approach to media literacy in relation to the internet, the article identifies some outstanding issues for new media literacy crucial to any policy of promoting media literacy among the population. The outcome is better understanding of media literacy and also the impact of ICT on media literacy by the public as well as media literate people.

Keywords: media literacy, ICT, internet, education

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3222 Legal Rights of Parents of Justice-Involved Youth in the United Arab Emirates

Authors: Yusra Ibrahim

Abstract:

Parental involvement in their children’s education and behavioral modification is important. This article provides a policy analysis that describes laws and public education regulations concerning justice-involved youth and youth at risk of delinquency in the United Arab Emirates. The article aims to clarify the UAE laws for parents and guardians regarding their involvement in addressing school violations and crimes committed by their children, particularly those with emotional and behavioral disorders, youths at risk for delinquency, and justice-involved youths. The article concludes with implications for parents, policymakers, and educators and suggests ways to improve services and support for these parents and their youth.

Keywords: justice-involved youth, parents, incarceration, incarcerated youth, United Arab Emirates.

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3221 Mapping the Potential and Development Strategy of Digital Economy in Indonesia

Authors: Jordan Putra Cahyono, Tiara Ayu Kusumaningtyas, Mohtar Rasyid

Abstract:

This article aims to map the potential and strategy of digital economy develop-ment in Indonesia by using literature study and secondary data analysis. In the Indonesian context, the digital economy is attracting attention, especially amid the COVID-19 pandemic, which has brought substantial changes in economic activi-ties. This research aims to provide new insights into the potential and develop-ment strategies of the digital economy in Indonesia. This article also evaluates the effectiveness and efficiency of digital economic development strategies imple-mented in Indonesia. A literature review concluded that Indonesia has great po-tential to develop the digital economy with favorable conditions, including a large population, improved ICT infrastructure, and relatively liberalized regulations. Using qualitative and quantitative approaches, this research covers the subject of the potential and strategies for developing a digital economy in Indonesia. This article presents the research results, which are then discussed in the context of the potential and strategy of digital economy development in Indonesia. This article is expected to contribute to understanding Indonesia's digital economy and stimulate further discussion to formulate a robust development strategy and appropriate regulatory framework.

Keywords: indonesia's digital economy, ICT infrastructure, development strategy, potential

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3220 Signs, Signals and Syndromes: Algorithmic Surveillance and Global Health Security in the 21st Century

Authors: Stephen L. Roberts

Abstract:

This article offers a critical analysis of the rise of syndromic surveillance systems for the advanced detection of pandemic threats within contemporary global health security frameworks. The article traces the iterative evolution and ascendancy of three such novel syndromic surveillance systems for the strengthening of health security initiatives over the past two decades: 1) The Program for Monitoring Emerging Diseases (ProMED-mail); 2) The Global Public Health Intelligence Network (GPHIN); and 3) HealthMap. This article demonstrates how each newly introduced syndromic surveillance system has become increasingly oriented towards the integration of digital algorithms into core surveillance capacities to continually harness and forecast upon infinitely generating sets of digital, open-source data, potentially indicative of forthcoming pandemic threats. This article argues that the increased centrality of the algorithm within these next-generation syndromic surveillance systems produces a new and distinct form of infectious disease surveillance for the governing of emergent pathogenic contingencies. Conceptually, the article also shows how the rise of this algorithmic mode of infectious disease surveillance produces divergences in the governmental rationalities of global health security, leading to the rise of an algorithmic governmentality within contemporary contexts of Big Data and these surveillance systems. Empirically, this article demonstrates how this new form of algorithmic infectious disease surveillance has been rapidly integrated into diplomatic, legal, and political frameworks to strengthen the practice of global health security – producing subtle, yet distinct shifts in the outbreak notification and reporting transparency of states, increasingly scrutinized by the algorithmic gaze of syndromic surveillance.

Keywords: algorithms, global health, pandemic, surveillance

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3219 Normative Reflections on the International Court of Justice's Jurisprudence on the Protection of Human Rights in Times of War

Authors: Roger-Claude Liwanga

Abstract:

This article reflects on the normative aspects of the jurisprudence on the protection of human rights in times of war that the International Court of Justice (ICJ) developed in 2005 in the Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of Congo v. Uganda). The article focuses on theories raised in connection with the Democratic Republic of Congo (DRC)'s claim of the violation of human rights of its populations by Uganda as opposed to the violation of its territorial integrity claims. The article begins with a re-visitation of the doctrine of state extraterritorial responsibility for violations of human rights by suggesting that a state's accountability for the breach of its international obligations is not territorially confined but rather transcends the State's national borders. The article highlights the criteria of assessing the State's extraterritorial responsibility, including the circumstances: (1) where the concerned State has effective control over the territory of another State in the context of belligerent occupation, and (2) when the unlawful actions committed by the State's organs on the occupied territory can be attributable to that State. The article also analyzes the ICJ's opinions articulated in DRC v. Uganda with reference to the relationship between human rights law and humanitarian law, and it contends that the ICJ had revised the traditional interaction between these two bodies of law to the extent that human rights law can no longer be excluded from applying in times of war as both branches are complementary rather than exclusive. The article correspondingly looks at the issue of reparations for victims of human rights violations. It posits that reparations for victims of human rights violations should be integral (including restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition). Yet, the article concludes by emphasizing that reparations for victims were not integral in DRC v. Uganda because: (1) the ICJ failed to set a reasonable timeframe for the negotiations between the DRC and Uganda on the amount of compensation, resulting in Uganda paying no financial reparation to the DRC since 2005; and (2) the ICJ did not request Uganda to domestically prosecute the perpetrators of human rights abuses.

Keywords: human rights law, humanitarian law, civilian protection, extraterritorial responsibility

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3218 Jurisprudencial Analysis of Torture in Spain and in the European Human Rights System

Authors: María José Benítez Jiménez

Abstract:

Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (E.C.H.R.) proclaims that no one may be subjected to torture, punishment or degrading treatment. The legislative correlate in Spain is embodied in Article 15 of the Spanish Constitution, and there must be an overlapping interpretation of both precepts on the ideal plane. While it is true that there are not many cases in which the European Court of Human Rights (E.C.t.H.R. (The Strasbourg Court)) has sanctioned Spain for its failure to investigate complaints of torture, it must be emphasized that the tendency to violate Article 3 of the Convention appears to be on the rise, being necessary to know possible factors that may be affecting it. This paper addresses the analysis of sentences that directly or indirectly reveal the violation of Article 3 of the European Convention. To carry out the analysis, sentences of the Strasbourg Court have been consulted from 2012 to 2016, being able to address any previous sentences to this period if it provided justified information necessary for the study. After the review it becomes clear that there are two key groups of subjects that request a response to the Strasbourg Court on the understanding that they have been tortured or degradingly treated. These are: immigrants and terrorists. Both phenomena, immigration and terrorism, respond to patterns that have mutated in recent years, and it is important for this study to know if national regulations begin to be dysfunctional.

Keywords: E.C.H.R., E.C.t.H.R. sentences, Spanish Constitution, torture

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3217 Integrating Cultures in Institutions of Higher Learning in South Africa

Authors: N. Mesatywa

Abstract:

The aim of the article is to emphasize and motivate for the role of integrating cultures in institutions of learning. The article has used a literature review methodology. Findings indicate that cultures espouse immense social capital that can: facilitate and strengthen moral education that will help learners in mitigating moral decadence and HIV/AIDS; embrace and strengthen the tenets of peace and tranquility among learners from different backgrounds; can form education against xenophobia; can facilitate the process of cultural paradigm shift that will slow down cultural attrition and decadence; can bring back cultural strength, cultural revival, cultural reawakening and cultural emancipation, etc. The article recommends governments to finance cultural activities in institutions of learning; to allow cultural practitioners to be part and parcel of cultural education; and challenge people to pride in the social capital of their indigenous cultures.

Keywords: cultures, cultural practitioners, integration, traditional healers

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3216 Research on Design Methods for Riverside Spaces of Deep-cut Rivers in Mountainous Cities: A Case Study of Qingshuixi River in Chongqing City

Authors: Luojie Tang

Abstract:

Riverside space is an important public space and ecological corridor in urban areas, but mountainous urban rivers are often overlooked due to their deep valleys and poor accessibility. This article takes the Qing Shui Xi River in Chongqing as an example, and through long-term field inspections, measurements, interviews, and online surveys, summarizes the problems of poor accessibility, limited space for renovation, lack of waterfront facilities, excessive artificial intervention, low average runoff, severe river water pollution, and difficulty in integrated watershed management in riverside space. Based on the current situation and drawing on relevant experiences, this article summarizes the design methods for riverside space in deep valley rivers in mountainous urban areas. Regarding spatial design techniques, the article emphasizes the importance of integrating waterfront spaces into the urban public space system and vertical linkages. Furthermore, the article suggests different design methods and improvement strategies for the already developed areas and new development areas. Specifically, the article proposes a planning and design strategy of "protection" and "empowerment" for new development areas and an updating and transformation strategy of "improvement" and "revitalization" for already developed areas. In terms of ecological restoration methods, the article suggests three focus points: increasing the runoff of urban rivers, raising the landscape water level during dry seasons, and restoring vegetation and wetlands in the riverbank buffer zone while protecting the overall pattern of the watershed. Additionally, the article presents specific design details of the Qingshuixi River to illustrate the proposed design and restoration techniques.

Keywords: deep-cut river, design method, mountainous city, Qingshuixi river in Chongqing, waterfront space design

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3215 Linguistic Analysis of the Concept ‘Relation’ in Russian and English Languages

Authors: Nadezhda Obvintceva

Abstract:

The article gives the analysis of the concept ‘relation’ from the point of view of its realization in Russian and English languages on the basis of dictionaries articles. The analysis reveals the main difference of representation of this concept in both languages. It is the number of lexemes that express its general meanings. At the end of the article the author gives an explanation of possible causes of the difference and touches upon the issue about analytical phenomena in the vocabulary.

Keywords: concept, comparison, lexeme, meaning, relation, semantics

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3214 Values That Should Be Taken into Account in the Arts: The Tension between Economic Influences and Cultural Values

Authors: Mohammad Mehdi Mazaheri, Mohammad Motiee Lahromi

Abstract:

Recently the two matters of how to evaluate art and what the influencing economic effects on cultural values are have attracted many researchers to investigate them. Therefore, in the present article the researcher made an attempt to answer the above questions. However, the fundamental distinction between this article and the other ones is in comparing the economic value (shown by monetary phrases) with cultural values (that reflects the aesthetic values and the importance of the artist). This article shows a different and trivial distinction that has a very clearly pivotal significance in the process of cultural policy making. The economic activities would be influenced when there are cultural values. The increase of commercial activities is measured by impact assessment. In other words, the value of culture is reflected in the satisfaction of the users of cultural activities. This kind of value is measured by “willingness to pay” researches. The researcher believes that these two values are dominant in the cultural policy but they include many aspects and are presented by different kinds of communities.

Keywords: economic influence, cultural values, monetary phrases, aesthetic values

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3213 The Heart of Sanctuary Movement and the Ethics of Solidarity

Authors: Irene Ludji

Abstract:

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

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

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3212 Embracing Circular Economy: Unlocking Sustainable Growth in Emerging Markets

Authors: Mario Jose Paillacho Silva, José Ángel Pérez López

Abstract:

This article delves into the critical role of circular economy principles in unlocking sustainable growth and addressing environmental inequalities in emerging markets. Circular economy practices, rooted in regenerative systems and resource conservation, offer a transformative pathway for dynamic economies to achieve prosperity while minimizing environmental impact. The article comprehensively explores the understanding of the circular economy in emerging markets, emphasizing its economic benefits, social implications, and environmental advantages. It highlights key challenges and opportunities faced by these markets and emphasizes the crucial role of governments in creating supportive policy frameworks. It emphasizes how circular economy practices empower local communities and promote social inclusion and equality. Furthermore, the article underscores how the adoption of circular economy practices can mitigate waste, pollution, and resource scarcity, thus contributing to climate change mitigation and adaptation. Integrating circular economy principles with the United Nations' sustainable development goals (SDGs), the article showcases the potential of circularity in fostering responsible consumption and production, sustainable economic growth, and environmental protection. Overall, the article advocates for cross-sector collaboration and knowledge sharing to overcome barriers and scale circular economy practices in emerging markets, ultimately leading to a more equitable, prosperous, and environmentally sustainable future.

Keywords: circular economy, sustainability, emerging markets, circularity

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3211 Bosporus Evolution: Its Role in the Black Sea Forming

Authors: I. V. Kuzminov

Abstract:

The research is dedicated to the issue of Bosporus evolution and its key role in the Black Sea forming. Up till nowadays, there is no distinct picture of the historical and geographical events of the last 10 thousand years on the territory from Altai up to the Alps. The present article is an attempt to clarify and, moreover, link the presented version to the historical and climatic events of this period. The paper is a development of the basic idea stated in "Hypothesis on the Black Sea origin". The succession of events in dynamics is offered in this article. In the article, it is shown that fluctuation of the level of the World Ocean is a mirror of the basic events connected with the climate on the Earth on the one hand and hydraulic processes on the other hand. In the present article, it is come out with the assumption that at the formation of passage, there were some cycles of change in a level of the World ocean. The phase of the beginning of climate warming is characterized by an increase in the level of inland water bodies on the way of meltwater runoff and an increase in the World ocean level. The end of the warming phase is characterized by the continuation of a rise in the level of the World ocean and the drying up of inland water bodies deprived of meltwater replenishment.

Keywords: Bosporus, Ryan-Pitman hypothesis, fluctuations of the World Ocean level, the Paratethys Sea, catastrophic breakthrough

Procedia PDF Downloads 84