Search results for: cross-border insolvency provisions in the 2016 code

Authors: Min-Ming Wen

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Applying the U.S. lodging and tourism industry as a research sample, we examine the relation between the corporate governance structure and managerial risk-taking behavior. In light of the global financial crisis, the importance of effective governance structures is essential in protecting claimholder interests. We propose a governance structure consisting of shareholder governance measured by anti-takeover provisions to examine whether the governance structure has a significant impact on managerial risk-taking behaviors in terms of the investment policy. We will use capital expenditure and R&D investment to measure managerial risk-taking and the firm’s investment policy. In addition, we will examine whether the effects of governance on investment policy differ significantly between speculative and investment-grade firms.

Keywords: corporate governance, risk-taking, firm value, lodging industry

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Authors: Olubisi Friday Oluduro

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The Paris Agreement 2015, the result of negotiations under the United Nations Framework Convention on Climate Change (UNFCCC), after Kyoto Protocol expiration, sets a long-term goal of limiting the increase in the global average temperature to well below 2 degrees Celsius above pre-industrial levels, and of pursuing efforts to limiting this temperature increase to 1.5 degrees Celsius. An advancement on the erstwhile Kyoto Protocol which sets commitments to only a limited number of Parties to reduce their greenhouse gas (GHGs) emissions, it includes the goal to increase the ability to adapt to the adverse impacts of climate change and to make finance flows consistent with a pathway towards low GHGs emissions. For it achieve these goals, the Agreement requires all Parties to undertake efforts towards reaching global peaking of GHG emissions as soon as possible and towards achieving a balance between anthropogenic emissions by sources and removals by sinks in the second half of the twenty-first century. In addition to climate change mitigation, the Agreement aims at enhancing adaptive capacity, strengthening resilience and reducing the vulnerability to climate change in different parts of the world. It acknowledges the importance of addressing loss and damage associated with the adverse of climate change. The Agreement also contains comprehensive provisions on support to be provided to developing countries, which includes finance, technology transfer and capacity building. To ensure that such supports and actions are transparent, the Agreement contains a number reporting provisions, requiring parties to choose the efforts and measures that mostly suit them (Nationally Determined Contributions), providing for a mechanism of assessing progress and increasing global ambition over time by a regular global stocktake. Despite the somewhat global look of the Agreement, it has been fraught with manifold limitations threatening its very existential capability to produce any meaningful result. Considering these obvious limitations some of which were the very cause of the failure of its predecessor—the Kyoto Protocol—such as the non-participation of the United States, non-payment of funds into the various coffers for appropriate strategic purposes, among others. These have left the developing countries largely threatened eve the more, being more vulnerable than the developed countries, which are really responsible for the climate change scourge. The paper seeks to examine the mitigation and adaptation measures under the Paris Agreement 2015, appraise the present situation since the Agreement was concluded and ascertain whether the developing countries have been better or worse off since the Agreement was concluded, and examine why and how, while projecting a way forward in the present circumstance. It would conclude with recommendations towards ameliorating the situation.

Keywords: mitigation, adaptation, climate change, Paris agreement 2015, framework

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Authors: Mahdi Karimi

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One of the most basic standards of fair trial is the right to defense, hire an attorney and its presence in the hearing stages. On the one hand, based on the reason and justice, as the legal issues, particularly criminal affairs, become complicated, the accused must benefit from an attorney in the court in order to defend itself which requires legal knowledge. On the other hand, as the judicial system has jurists such as investigation judges at its disposal, the accused must enjoy the same right to defend itself and reject allegations so that the balance is maintained between the litigating parties based on the principle of "equality of arms". The right to adequate time and facilities for defense is cited among the principles and rights relevant to the proceedings in international regulations such as the International Covenant on Civil and Political Rights. The innovations made in the Code of Criminal Procedure in 2013 guaranteed the presence of the accused’s attorney in the proceedings. The present study aims at assessing the result of the aforementioned guarantee in practice and made attempts to investigate the effect of the presence of accused’s attorney on reducing the punishment by asking the question and addressing the statistical population of this study including 48 judges of lower courts and courts of appeal. It seems that in despite of guarantees provided in the new Code of Criminal Procedure, Iran's penal system, does not tolerate the presence of an attorney in practice.

Keywords: defense attorney, equality of arms, fair trial, reducing the penalty, right to defense

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Authors: S. Visetpotjanakit, N. Nakkaew

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Determination of ⁹⁰Sr in environmental samples has been widely developed with several radioanlytical methods and radiation measurement techniques since ⁹⁰Sr is one of the most hazardous radionuclides produced from nuclear reactors. Liquid extraction technique using di-(2-ethylhexyl) phosphoric acid (HDEHP) to separate and purify ⁹⁰Y and Cherenkov counting using liquid scintillation counter to determine ⁹⁰Y in secular equilibrium to ⁹⁰Sr was developed and performed at our institute, the Office of Atoms for Peace. The approach is inexpensive, non-laborious, and fast to analyse ⁹⁰Sr in environmental samples. To validate our analytical performance for the accurate and precise criteria, determination of ⁹⁰Sr using the IAEA-TEL-2016-04 ALMERA proficiency test samples were performed for statistical evaluation. The experiment used two spiked tap water samples and one naturally contaminated spruce needles sample from Austria collected shortly after the Chernobyl accident. Results showed that all three analyses were successfully passed in terms of both accuracy and precision criteria, obtaining “Accepted” statuses. The two water samples obtained the measured results of 15.54 Bq/kg and 19.76 Bq/kg, which had relative bias 5.68% and -3.63% for the Maximum Acceptable Relative Bias (MARB) 15% and 20%, respectively. And the spruce needles sample obtained the measured results of 21.04 Bq/kg, which had relative bias 23.78% for the MARB 30%. These results confirm our analytical performance of ⁹⁰Sr determination in water and spruce needles samples using the same developed method.

Keywords: ALMERA proficiency test, Cerenkov counting, determination of 90Sr, environmental samples

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Authors: Ammar Alrefaei

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Sporting directors in football clubs plays a prominent and important role in managing and controlling many issues related to the affairs of professional players. In view of this great importance of the role of the sporting directors, the Saudi regulation of the professional players and their transfers took over the organization and control of many aspects related to the conditions that must be met by the sporting director and the obligations that fall on his responsibility with the sport club or the Saudi Football Association. However, this regulation does not avoid ambiguity at times and shortcomings at other times in many places, as some of the texts contained in regulation raise many questions, some of which point out to the need to find more comprehensive and accurate treatment than those in the current regulations, accordingly this study comes to shed light on the aspects related to the sporting directors in sport clubs and the development of provisions.

Keywords: professional contract, sporting directors, professional player, labor law

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Authors: Rajnish Gourh, Nitesh Sharma, Nikhil Patil

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Introduction: Adequate nutrition is essential for improving pregnancy and its outcomes. Failure to comply with the required daily intake of nutrition can lead to complications threatening both mother and child survival. Objectives: To provide access to nutritious diet to mothers in antenatal and post-natal stage for supporting a healthy progressive pregnancy, positive delivery outcome, and lactation and to promote regular consumption of the foods by the mothers and help overcome the dietary gap by nutrition education during pregnancy time. Methodology: Total of 95 ANC mothers were identified from Malvada PHC area, in Palghar district of Maharashtra. This short-term cohort intended for the proposed supplementation and education was targeted for follow-up until birth and six-months of post-natal period. In month of May 2016 to June 2017. Results: Average weight of women was observed 40.01kg, (SD- 5.024) at registered for ANC at Centre in the first month. In same month, average Haemoglobin level of women was observed 9.13gm/dl. Average increase in weight of women during pregnancy in month October 2016 was 48.83kg. Birth weight of 14 babies was less than 2 kgs. 13 babies with birth weight in range of 2.1kgs to 2.4kgs. 68 babies with birth weight in range of 2.5kg to 3kg and above. Conclusion: Importance of consumption of food, improving levels of nutrient intake and outcome of delivery was excellent.

Keywords: delivery status, nutrition, pregnancy, education

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Authors: Adline Nkwam-Uwaoma, Mishack Ndukwu

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Traditionally, child rearing in Nigeria closely reflects the ‘spare the rod and spoil the child’ maxim and as such spanking, flogging, slapping, beating and even starving a child as a form of punishment for wrongdoing and as a method of behaviour modification are common. These are not necessarily considered as maltreatment or abuse of the child. Despite the adoption and implementation of the child rights act in Nigeria, violence against children seems to be on a steady increase. Stories of sexual molestation, rape, child labour, infliction of physical injuries and use of children for rituals by parents, guardians or other members of the society abound. Violence against children is considered as those acts by other persons especially adults that undermine and threaten the healthy life and existence of children or those that violet their rights as humans. In Nigeria newspapers are a major source of News, second only to radio and television in coverage, currency and content. National dailies are newspapers with daily publications and national spread or coverage. This study analysed the frequency, length, prominence level, direction and sources of information reported on violence against children in the selected national daily newspapers. It then provided information on the role of the newspapers in Nigeria in the fight against child violence and public awareness of the impact of violence against children on the development of the nation and the attempts to curtail such violence. The composite week sampling technique in which the four weeks of the month are reduced to one and a sample is randomly selected from each day of the week was used. As such 168 editions of Daily Sun and Punch newspapers published from January to December of 2016 were selected. Data were collected using code sheet and analyzed via content analysis. The result showed that the frequency of the newspapers’ reportage of violence against children in Nigeria was low. Again, it was found that the length or space given to reports on violence against children was inadequate, the direction of the few reports on violence against children was in favour of the course or fight against child violence, and these newspapers gave no prominence to reports on violence against children. Finally, it was found that a major source of News about violence against children was through journalism; government and individual sources provided only minimal information.

Keywords: children, newspapers' reportage, Nigeria, violence

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Authors: David Abrahams

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In October 2016 South Africa deposited its ‘instrument of withdrawal’ from the Rome Statute of the International Criminal Court, with the Secretary-General of the United Nations. The Rome Statute is the founding document of the treaty-based International Criminal Court (ICC). The ICC has jurisdiction to hear cases where crimes against humanity, war crimes and genocide have been committed, on the basis of individual criminal responsibility. It is therefore not surprising that one of the ICCs mandates is to ensure that the sufferings, due to gross human rights violations towards the civilian population is, in principle, brought to an end by punishing those individuals responsible, thus providing justice to the victims. The ICC is unable to effectively fulfill its mandate and thus depends, in part on the willingness of states to assist the Court in its functions. This requires states to ratify the Statute and to domesticate its provisions, depending on whether it is a monist or dualist state. South Africa ratified the Statute in November 2000, and domesticated the Statute in 2002 by virtue of the Implementation of the Rome Statute of the International Criminal Court Act 27 of 2002. South Africa thus remains under an obligation to cooperate with the ICC until the final date of withdrawal, which is October 2017. An AU Summit was hosted by South Africa during June 2015. Omar Al-Bashir, whom the prosecutor of the ICC has indicted on two separate occasions, was invited to the summit. South Africa made an agreement with the AU that it will honour its obligations in terms of its Diplomatic and Immunities Privileges Act of 2001, by granting immunity to all heads of state, including that of Sudan. This decision by South Africa has raised a plethora of questions regarding the status and hierarchy of international laws versus regional laws versus domestic laws. In particular, this paper explores whether a state’s international law treaty obligations may be suspended in favour of, firstly, regional peace (thus safeguarding the security of the civilian population against further atrocities and other gross violations of human rights), and secondly, head of state immunity. This paper also reflects on the effectiveness of the trias politca in South Africa in relation the manner in which South African courts have confirmed South Africa’s failure in fulfilling its obligations in terms of the Rome Statute. A secondary question which will also be explored, is whether the Rome Statute is currently an effective tool in dealing with gross violations of human rights, particularly in a regional African context, given the desire by a number of African states currently party to the Statute, to engage in a mass exodus from the Statute. Finally, the paper concludes with a proposal that there can be no justice for victims of gross human rights violations unless states are serious in playing an instrumental role in bringing an end to impunity in Africa, and that withdrawing from the ICC without an alternative, effective system in place, will simply perpetuate impunity.

Keywords: African Union, diplomatic immunity, impunity, international criminal court, South Africa

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Authors: Ankita Verma

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Women transform the group of people into a family and a house into a home. When a woman embraces motherhood, she undergoes several stresses – both physical and mental. Therefore, to be supportive of women during this critical stage is a societal responsibility. India is in the league of many developed nations in formulating women-friendly policies. One such initiative is the Maternity Benefits Act; first passed in 1961 and later amended from time to time with the latest amended Act of 2017. This review paper critically analyzes provisions of the Act, its implementation, and the legal issues arising out of implementation of the Act. The review suggests that the Act has made a positive impact and the judiciary also has played its role in streamlining the process of implementation of the Act. However, at the same time, it is also felt that employers often hesitate in hiring a mother or an expectant mother.

Keywords: maternity benefits, maternity benefits act 1961 & 2017, motherhood, maternity and paternity leave, medical bonus, work environment

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Authors: Eun Jeong Yu, Inn Soo Kang, Tae Ki Yoon, Mi Kyoung Koong

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Advanced female age is associated with higher cycle cancelation rates, lower clinical pregnancy rate, increased miscarriage and aneuploidy rates in IVF (In Vitro Fertilization) cycles. This retrospective cohort study was conducted at a Cha Fertility Center, Seoul Station. All fresh non-donor IVF cycles performed in women aged 40 years and above from January 2016 to December 2016 were reviewed. Donor/recipient treatment, PGD/PGS (Preimplantation Genetic Diagnosis/ Preimplantation Genetic Screening) were excluded from analysis. Of the 1,166 cycles from 753 women who completed ovulation induction, 1,047 were appropriate for the evaluation according to inclusion and exclusion criterion. IVF cycles were categorized according to age and grouped into the following 1-year age groups: 40, 41, 42, 43, 44, 45 and > 46. The mean age of patients was 42.4 ± 1.8 years. The median AMH (Anti-Mullerian Hormone) level was 1.2 ± 1.5 ng/mL. The mean number of retrieved oocytes was 4.9 ± 4.3. The clinical pregnancy rate and live birth rate in women > 40 years significantly decreased with each year of advancing age (p < 0.001). The clinical pregnancy rate decreased from 21% at the age of 40 years to 0% at ages above 45 years. Live birth rate decreased from 12.3% to 0%, respectively. There were no clinical pregnancy outcomes among 95 patients aged above 45 years of age. The overall miscarriage rate was 40.7% (range, 36.7%-70%). The transfer of at least one good quality embryo was associated with about 4-9% increased chance of a clinical pregnancy rate. Therefore, IVF in old age women less than 46 had a reasonable chance for successful pregnancy outcomes especially when good quality embryo is transferred.

Keywords: advanced maternal age, in vitro fertilization, pregnancy rate, live birth rate

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Authors: Philippe Larvet

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This paper presents the concept of an object-based programming language where tests (if... then... else) and control structures (while, repeat, for...) disappear and are replaced by conditions on data. According to the object paradigm, by using this concept, data are still embedded inside objects, as variable-value couples, but object methods are expressed into the form of logical propositions (‘conditions on data’ or COD).For instance : variable1 = value1 AND variable2 > value2 => variable3 = value3. Implementing this approach, a central inference engine turns and examines objects one after another, collecting all CODs of each object. CODs are considered as rules in a rule-based system: the left part of each proposition (left side of the ‘=>‘ sign) is the premise and the right part is the conclusion. So, premises are evaluated and conclusions are fired. Conclusions modify the variable-value couples of the object and the engine goes to examine the next object. The paper develops the principles of writing CODs instead of complex algorithms. Through samples, the paper also presents several hints for implementing a simple mechanism able to process this ‘COD language’. The proposed approach can be used within the context of simulation, process control, industrial systems validation, etc. By writing simple and rigorous conditions on data, instead of using classical and long-to-learn languages, engineers and specialists can easily simulate and validate the functioning of complex systems.

Keywords: conditions on data, logical proposition, programming without code, object-oriented programming, system simulation, system validation

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Authors: Kelvin Lo

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Nowadays, numerical modelling in geotechnical engineering is very common but sophisticated. Many advanced input settings and considerable computational efforts are required to optimize the design to reduce the construction cost. To optimize a design, it usually requires huge numerical models. If the optimization is conducted manually, there is a potentially dangerous consequence from human errors, and the time spent on the input and data extraction from output is significant. This paper presents an automation process introduced to numerical modelling (Plaxis 2D) of a trench excavation supported by a secant-pile retaining structure for a top-down tunnel project. Python code is adopted to control the process, and numerical modelling is conducted automatically in every 20m chainage along the 200m tunnel, with maximum retained height occurring in the middle chainage. Python code continuously changes the geological stratum and excavation depth under groundwater flow conditions in each 20m section. It automatically conducts trial and error to determine the required pile length and the use of props to achieve the required factor of safety and target displacement. Once the bending moment of the pile exceeds its capacity, it will increase in size. When the pile embedment reaches the default maximum length, it will turn on the prop system. Results showed that it saves time, increases efficiency, lowers design costs, and replaces human labor to minimize error.

Keywords: automation, numerical modelling, Python, retaining structures

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Authors: Recep Keşli, Onur Türkyılmaz, Hayriye Tokay, Kasım Demir

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Objective: Coeliac disease (CD) is a primary small intestine disorder caused by high sensitivity to gluten which is present in the crops, characterized by inflammation in the small intestine mucosa. The goal of this study was to determine and to compare the sensitivity and specificity values of anti-endomysial IgA (EMA IgA) (IFA) and anti-tissue transglutaminase IgA (anti-tTG IgA) (ELISA) antibodies in the diagnosis of patients suspected with the CD. Methods: One thousand two hundred seventy three patients, who have applied to gastroenterology and pediatric disease polyclinics of Afyon Kocatepe University ANS Research and Practice Hospital were included into the study between 23.09.2010 and 30.05.2016. Sera samples were investigated by immunofluorescence method for EMA positiveness (Euroimmun, Luebeck, Germany). In order to determine quantitative value of Anti-tTG IgA (EIA) (Orgentec Mainz, Germany) fully automated ELISA device (Alisei, Seac, Firenze, Italy) were used. Results: Out of 1273 patients, 160 were diagnosed with coeliac disease according to ESPGHAN 2012 diagnosis criteria. Out of 160 CD patients, 120 were female, 40 were male. The EMA specificity and sensitivity were calculated as 98% and 80% respectively. Specificity and sensitivity of Anti-tTG IgA were determined as 99% and 96% respectively. Conclusion: The specificity of EMA for CD was excellent because all EMA-positive patients (n = 144) were diagnosed with CD. The presence of human anti-tTG IgA was found as a reliable marker for diagnosis and follow-up the CD. Diagnosis of CD should be established on both the clinical and serologic profiles together.

Keywords: anti-endomysial antibody, anti-tTG IgA, coeliac disease, immunofluorescence assay (IFA)

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Authors: Robespierre Chavez, Eden Bojorquez, Alfredo Reyes-Salazar

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This study compares the seismic response of regular and vertically irregular steel frames determined by nonlinear time history analysis and by using several sets of earthquake records, which are divided in two categories: The first category having 20 stiff-soil ground motion records obtained from the NGA database, and the second category having 30 soft-soil ground motions recorded in the Lake Zone of Mexico City and exhibiting a dominant period (Ts) of two seconds. The steel frames in both format regular and irregular were designed according to the Mexico City Seismic Design Provisions (MCSDP). The effects of irregularity throught the height on the maximum interstory drifts are estimated.

Keywords: irregular steel frames, maximum interstory drifts, seismic response, seismic records

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Authors: A. A. Dare, E. U. Iniegbedion

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Industrial furnaces generally involve enclosures of fire typically initiated by the combustion of gases. The fire leads to temperature distribution inside the enclosure. A proper understanding of the temperature and velocity distribution within the enclosure is often required for optimal design and use of the furnace. This study was therefore directed at numerical modeling of temperature distribution inside an enclosure as typical in a furnace. A mathematical model was developed from the conservation of mass, momentum and energy. The stream function-vorticity formulation of the governing equations was solved by an alternating direction implicit (ADI) finite difference technique. The finite difference formulation obtained were then developed into a computer code. This was used to determine the temperature, velocities, stream function and vorticity. The effect of the wall heat conduction was also considered, by assuming a one-dimensional heat flow through the wall. The computer code (MATLAB program) developed was used for the determination of the aforementioned variables. The results obtained showed that the transient temperature distribution assumed a uniform profile which becomes more chaotic with increasing time. The vertical velocity showed increasing turbulent behavior with time, while the horizontal velocity assumed decreasing laminar behavior with time. All of these behaviours were equally reported in the literature. The developed model has provided understanding of heat transfer process in an industrial furnace.

Keywords: heat source, modelling, enclosure, furnace

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Authors: JoVontae Butts

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A central and enduring theme in the study of American politics is political participation, which indicates the health of a democracy, citizen buy-in, and fair political representation. Though voting push factors have been thoroughly researched and are becoming better understood, the effect of those same push factors often varies for marginalized people. Black voters begun to cast votes at a steadily increasing rate following the 1996 election, gradually growing to its highest level in the 2012 presidential election, even surpassing white voter participation rates. The thirty-year growth period of Black voter engagement concluded in the 2016 election, with the number of participating Black voters stumbling by approximately 7% while other demographics remained roughly the same. Theories for the shift in Black voter behavior range from vote suppression to discouragement due to Barack Obama’s concluding tenure in office. Furthermore, Black voter engagement rebounded in the 2020 election, leaving turnout and race scholars to speculate even further, predicting that disapproval of Trump energized the Black voter bloc. Though there is much conjecture regarding the changes in Black voter behavior, there is truly little empirical evidence to vet those suppositions. This study engages and quantifies speculations for the changes in Black voter engagement in recent elections using 2016 and 2020 American National Election Studies Pilot Study data. Additionally, this study expands upon McGregor’s theory of political hypervigilance by exploring differences in political engagement for church-attending Black voters and those that do not.

Keywords: race, religion, evangelicalism, political engagement

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Authors: Mohammad Mahdi Mohammadi Dehnavi, Alessandra De Angelis, Maria Rosaria Pecce

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This paper deals with the role of studs in the structural response of steel-concrete composite beams. A tri-linear slip-shear strength law is assumed according to literature and codes provisions for developing a finite element (FE) model of a case study of a composite deck. The variation of the strength and ductility of the connection is implemented in the numerical model carrying out nonlinear analyses. The results confirm the utility of the model to evaluate the importance of the studs capacity, ductility and strength on the global response (ductility and strength) of the structures but also to analyze the trend of slip and shear at interface along the beams.

Keywords: stud connectors, finite element method, slip, shear load, steel-concrete composite bridge

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Authors: H. E. Ferrari, R. Farengo, C. F. Clauser

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Tungsten (W) will be used in ITER as one of the plasma facing components (PFCs). The W could migrate to the plasma center. This could have a potentially deleterious effect on plasma confinement. Electron cyclotron resonance heating (ECRH) can be used to prevent W accumulation. We simulated a series of H mode discharges in ASDEX U with PFC containing W, where central ECRH was used to prevent W accumulation in the plasma center. The experiments showed that the W density profiles were flat after a sawtooth crash, and become hollow in between sawtooth crashes when ECRH has been applied. It was also observed that a saturated kink mode was active in these conditions. We studied the effect of saturated kink like instabilities on the redistribution of W impurities. The kink was modeled as the sum of a simple analytical equilibrium (large aspect ratio, circular cross section) plus the perturbation produced by the kink. A numerical code that follows the exact trajectories of the impurity ions in the total fields and includes collisions was employed. The code is written in Cuda C and runs in Graphical Processing Units (GPUs), allowing simulations with a large number of particles with modest resources. Our simulations show that when the W ions have a thermal velocity distribution, the kink has no effect on the W density. When we consider the plasma rotation, the kink can affect the W density. When the average passing frequency of the W particles is similar to the frequency of the kink mode, the expulsion of W ions from the plasma core is maximum, and the W density shows a hollow structure. This could have implications for the mitigation of W accumulation.

Keywords: impurity transport, kink instability, tungsten accumulation, tungsten dynamics

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Authors: Hary Aprianto Wijaya Siahaan, Bayu Edo Pratama

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Sea fishery's potential to become one of the nation's assets which very contributed to Indonesia's economy. This fishery potential not in spite of the availability of the chlorophyll in the territorial waters of Indonesia. The research was conducted using three methods, namely: statistics, comparative and analytical. The data used include MODIS sea temperature data imaging results in Aqua satellite with a resolution of 4 km in 2002-2015, MODIS data of chlorophyll-a imaging results in Aqua satellite with a resolution of 4 km in 2002-2015, and Imaging results data ASCAT on MetOp and NOAA satellites with 27 km resolution in 2002-2015. The results of the processing of the data show that the incidence of upwelling in the south of East Java Sea began to happen in June identified with sea surface temperature anomaly below normal, the mass of the air that moves from the East to the West, and chlorophyll-a concentrations are high. In July the region upwelling events are increasingly expanding towards the West and reached its peak in August. Chlorophyll-a concentration prediction using multiple linear regression equations demonstrate excellent results to chlorophyll-a concentrations prediction in 2002 until 2015 with the correlation of predicted chlorophyll-a concentration indicate a value of 0.8 and 0.3 with RMSE value. On the chlorophyll-a concentration prediction in 2016 indicate good results despite a decline in the value of the correlation, where the correlation of predicted chlorophyll-a concentration in the year 2016 indicate a value 0.6, but showed improvement in RMSE values with 0.2.

Keywords: satellite, sea surface temperature, upwelling, wind stress

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Authors: Tien-Hui Chiang

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The code theory, proposed by Basil Bernstein, indicates that framing can be viewed as the core element in constituting the phenomenon of cultural reproduction because it is able to regulate the transmission of pedagogical information. Strong framing increases the social relation boundary between a teacher and pupils, which obstructs information transmission, so that in order to improve underachieving students’ academic performances, teachers need to reduce to strength of framing. Weak framing enables them to transform academic knowledge into commonsense knowledge in daily life language. This study posits that most teachers would deliver strong framing due to their belief mainly confined within the aspect of instrumental rationality that deprives their critical minds. This situation could make them view the normal distribution bell curve of students’ academic performances as a natural outcome. In order to examine the interplay between framing, instrumental rationality and pedagogical action, questionnaires were completed by over 5,000 primary school teachers in Henan province, China, who were stratified sample. The statistical results show that most teachers employed psychological concepts to measure students’ academic performances and, in turn, educational inequity was legitimatized as a natural outcome in the efficiency-led approach. Such efficiency-led minds made them perform as the agent practicing the mechanism of social control and in turn sustaining the phenomenon of cultural reproduction.

Keywords: code, cultural reproduction, framing, instrumental rationality, social relation and interaction

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Authors: Gergely G. Karacsony

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Fundamental rights are the result of thousand years’ progress of legislation, adjudication and legal practice. They serve as the framework of peaceful cohabitation of people, protecting the individual from any abuse by the government or violation by other people. Artificial intelligence, however, is the development of the very recent past, being one of the most important prospects to the future. Artificial intelligence is now capable of communicating and performing actions the same way as humans; such acts are sometimes impossible to tell from actions performed by flesh-and-blood people. In a world, where human-robot interactions are more and more common, a new framework of peaceful cohabitation is to be found. Artificial intelligence, being able to take part in almost any kind of interaction where personal presence is not necessary without being recognized as a non-human actor, is now able to break the law, violate people’s rights, and disturb social peace in many other ways. Therefore, a code of peaceful coexistence is to be found or created. We should consider the issue, whether human rights can serve as the code of ethical and rightful conduct in the new era of artificial intelligence and human coexistence. In this paper, we will examine the applicability of fundamental rights to human-robot interactions as well as to the actions of artificial intelligence performed without human interaction whatsoever. Robot ethics has been a topic of discussion and debate of philosophy, ethics, computing, legal sciences and science fiction writing long before the first functional artificial intelligence has been introduced. Legal science and legislation have approached artificial intelligence from different angles, regulating different areas (e.g. data protection, telecommunications, copyright issues), but they are only chipping away at the mountain of legal issues concerning robotics. For a widely acceptable and permanent solution, a more general set of rules would be preferred to the detailed regulation of specific issues. We argue that human rights as recognized worldwide are able to be adapted to serve as a guideline and a common basis of coexistence of robots and humans. This solution has many virtues: people don’t need to adjust to a completely unknown set of standards, the system has proved itself to withstand the trials of time, legislation is easier, and the actions of non-human entities are more easily adjudicated within their own framework. In this paper we will examine the system of fundamental rights (as defined in the most widely accepted source, the 1966 UN Convention on Human Rights), and try to adapt each individual right to the actions of artificial intelligence actors; in each case we will examine the possible effects on the legal system and the society of such an approach, finally we also examine its effect on the IT industry.

Keywords: human rights, robot ethics, artificial intelligence and law, human-robot interaction

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Authors: Ajin Frank J., Shridevi Jeevan Kamble

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The primary objective of this research paper is to identify significant patterns and insights in road accident data in India spanning from 2016 to 2021. The study reveals that the frequency of accidents, injuries, and fatalities varies depending on numerous factors such as the type of vehicle, time of accidents, age of the vehicle, age and gender of the driver, among others. Notably, the COVID-19 pandemic and subsequent lockdown measures have significantly impacted these figures. One of the key findings of the analysis is the rise in the number of accidents and deaths involving two-wheeler vehicles, particularly among younger individuals, in major states across India. This trend is of concern, and there is a need for increased awareness and precautions to prevent these types of accidents. Additionally, with the imminent rise of electric vehicles in the coming years, ensuring their safety on the road is a critical matter. Another significant factor contributing to road accidents is the age of vehicles. As vehicles age, their handling becomes more challenging compared to new ones, increasing the risk of accidents. Thus, it is imperative for the government to impose stringent regulations and laws to reduce these accident-causing factors and raise awareness among individuals about taking necessary precautions to avoid accidents. This study highlights the importance of understanding the underlying patterns and factors contributing to road accidents in India. Through this knowledge, policymakers and stakeholders can develop effective strategies to address these challenges and promote road safety, ultimately reducing the number of accidents, injuries, and fatalities on Indian roads.

Keywords: road accidents, India, road safety, accident deaths

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Authors: Mahmoud A. Mahmoud, Ashraf Osman

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In this study, the different approaches currently followed by design codes to assess the stability of buildings utilizing concrete moment resisting frames structural system are evaluated. For such purpose, a parametric study was performed. It involved analyzing group of concrete moment resisting frames having different slenderness ratios (height/width ratios), designed for different lateral loads to vertical loads ratios and constructed using ordinary reinforced concrete and high strength concrete for stability check and overall buckling using code approaches and computer buckling analysis. The objectives were to examine the influence of such parameters that directly linked to frames’ lateral stiffness on the buildings’ stability and evaluates the code approach in view of buckling analysis results. Based on this study, it was concluded that, the most susceptible buildings to instability and magnification of second order effects are buildings having high aspect ratios (height/width ratio), having low lateral to vertical loads ratio and utilizing construction materials of high strength. In addition, the study showed that the instability limits imposed by codes are mainly mathematical to ensure reliable analysis not a physical ones and that they are in general conservative. Also, it has been shown that the upper limit set by one of the codes that second order moment for structural elements should be limited to 1.4 the first order moment is not justified, instead, the overall story check is more reliable.

Keywords: buckling, lateral stability, p-delta, second order

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Authors: Ghulam Nabi Naz

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After independence, the popular belief that Gandhian will not indulge in corruption got a setback, post-independence setup paved the way for heavy corruption. The menace which would have dealt with strong legal provisions has become a way of life of Indian society. Corruption is recognized as the single biggest problem facing the country today. It undermines democracy and rule of law, violates human rights, distorts market and corrodes the moral fibre of people. The paper discusses the causes and possible remedial measures of corruption and response of people in Indian society. It emphasizes the factors which provide fertile ground for growth of corruption like, degradation of moral values, absence of a strong anti-corruption law and its effective enforcement, accountability, consistency and a defective system of fighting elections. The paper also highlights the reforms necessary for fighting corruption in India.

Keywords: embezzlement, colonial, licence Raj, good governance, misappropriation, Sangh ideologue, Anna movement

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Authors: Eashan Hatti

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In software development, programmers often must make a choice between high-level programming and high-performance programs. High-level programming encourages the use of complex, pervasive abstractions. However, the use of these abstractions degrades performance-high performance demands that programs be low-level. In a compiler, the optimizer attempts to let the user have both. The optimizer takes high-level, abstract code as an input and produces low-level, performant code as an output. However, there is a problem with having the optimizer be a built-in part of the compiler. Domain-specific abstractions implemented as libraries are common in high-level languages. As a language’s library ecosystem grows, so does the number of abstractions that programmers will use. If these abstractions are to be performant, the optimizer must be extended with new optimizations to target them, or these abstractions must rely on existing general-purpose optimizations. The latter is often not as effective as needed. The former presents too significant of an effort for the compiler developers, as they are the only ones who can extend the language with new optimizations. Thus, the language becomes more high-level, yet the optimizer – and, in turn, program performance – falls behind. Programmers are again confronted with a choice between high-level programming and high-performance programs. To investigate a potential solution to this problem, we developed Peridot, a prototype programming language. Peridot’s main contribution is that it enables library developers to easily extend the language with new optimizations themselves. This allows the optimization workload to be taken off the compiler developers’ hands and given to a much larger set of people who can specialize in each problem domain. Because of this, optimizations can be much more effective while also being much more numerous. To enable this, Peridot supports metaprogramming designed for implementing program transformations. The language is split into two fragments or “levels”, one for metaprogramming, the other for high-level general-purpose programming. The metaprogramming level supports logic programming. Peridot’s key idea is that optimizations are simply implemented as metaprograms. The meta level supports several specific features which make it particularly suited to implementing optimizers. For instance, metaprograms can automatically deduce equalities between the programs they are optimizing via unification, deal with variable binding declaratively via higher-order abstract syntax, and avoid the phase-ordering problem via non-determinism. We have found that this design centered around logic programming makes optimizers concise and easy to write compared to their equivalents in functional or imperative languages. Overall, implementing Peridot has shown that its design is a viable solution to the problem of writing code which is both high-level and performant.

Keywords: optimization, metaprogramming, logic programming, abstraction

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Authors: Ralph Adaimy, Wassim El-Hajj, Ghassen Ben Brahim, Hazem Hajj, Haidar Safa

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Huge amounts of data and personal information are being sent to and retrieved from web applications on daily basis. Every application has its own confidentiality and integrity policies. Violating these policies can have broad negative impact on the involved company’s financial status, while enforcing them is very hard even for the developers with good security background. In this paper, we propose a framework that enforces security-by-construction in web applications. Minimal developer effort is required, in a sense that the developer only needs to annotate database attributes by a security class. The web application code is then converted into an intermediary representation, called Extended Program Dependence Graph (EPDG). Using the EPDG, the provided annotations are propagated to the application code and run against generic security enforcement rules that were carefully designed to detect insecure information flows as early as they occur. As a result, any violation in the data’s confidentiality or integrity policies is reported. As a proof of concept, two PHP web applications, Hotel Reservation and Auction, were used for testing and validation. The proposed system was able to catch all the existing insecure information flows at their source. Moreover and to highlight the simplicity of the suggested approaches vs. existing approaches, two professional web developers assessed the annotation tasks needed in the presented case studies and provided a very positive feedback on the simplicity of the annotation task.

Keywords: web applications security, secure information flow, program dependence graph, database annotation

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Authors: Tashwill Esterhuizen

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Throughout Africa, several countries continue to have laws which criminalise same-sex sexual activities, which increases the vulnerability of the LGBT community to stigma, discrimination, and persecution. These criminal provisions often form the basis upon which states deny LGBT activists the right to freely associate with other like-minded individuals and form organizations that protect their interests and advocate for the rights and aspirations of the LGBT community. Over the past year, however, there has been significant progress in the advancement of universal, fundamental rights of LGBT persons throughout Africa. In many instances, these advancements came about through the bravery of activists who have publically insisted (in environments where same-sex sexual practices are criminalised) that their rights should be respected. Where meaningful engagement with the State was fruitless, activists took their plight to the judiciary and have successfully sought to uphold the fundamental rights of LGBT persons, paving the way for a more inclusive and tolerant society. Litigation Progress: Botswana is a prime example. For several years, the State denied a group of LGBT activists their right to freely associate and form their organisation Lesbians, Gays, and Bisexuals of Botswana (LEGABIBO), which aimed to promote the interests of the LGBT community in Botswana. In March 2016, the Botswana Court of Appeal found that the government’s refusal to register LEGABIBO violated the activists’ right to associate freely. The Court held that the right freedom of association applies to all persons regardless of their sexual orientation or gender identity. It does not matter that the views of the organisation are unpopular or unacceptable amongst the majority. In particular, the Court rejected the government of Botswana’s contention that registering LEGABIBO would disturb public peace and is contrary to public morality. Quite remarkably, the Court of Appeal recognised that while LGBT individuals are a minority group within the country, they are nonetheless persons entitled to constitutional protections of their dignity, regardless of whether they are unacceptable to others on religious or any other grounds. Furthermore, the Court held that human rights and fundamental freedoms are granted to all, including criminals or social outcasts because the denial of an individual’s humanity is the denial of their human dignity. This is crucial observation by the Court of Appeal, as once it is accepted that human rights apply to all human beings, then it becomes much easier for vulnerable groups to assert their own rights. Conclusion: The Botswana Court of Appeal decision, therefore, represents significant progress in the promotion of the rights of lesbian, gay, bisexual and transgender persons. The judgment has broader implications for many other countries which do not provide recognition of sexual minorities. It highlights the State’s duty to uphold basic rights and to ensure dignity, tolerance, and acceptance for marginalised persons.

Keywords: acceptance, freedom of association, freedom of expression, fundamental rights and freedoms, gender identity, human rights are universal, inclusive, inherent human dignity, progress, sexual orientation, tolerance

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Authors: María Rosa Mucci

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Tzvetan Todorov (1971) designs a model of narrative transformation where the plot is constituted by difference and resemblance. This binary opposition is a synthesis of a central figure within narrative discourse: metaphor. Narrative operates as a metaphor since it combines different actions through similarities within a common plot. However, it sounds paradoxical that metonymy and not metaphor should be the key figure within the narrative. It is a metonymy that keeps the movement of actions within the story through syntagmatic relations. By the same token, this articulation of verbs makes it possible for the reader to engage in a dynamic interaction with the text, responding to the plot and mediating meanings with the contradictory external world. As Roland Barthes (1957) points out, there are two codes that are irreversible within the process: the codes of actions and the codes of enigmas. Virginia Woolf constructs her plots through a process of symbolism; a scene is always enduring, not only because it stands for something else but also because it connotes it. The reader is forced to elaborate the meaning at a mythological level beyond the lines. In this research, we follow a qualitative content analysis to code language through the proairetic (actions) and hermeneutic (enigmas) codes in terms of Barthes. There are two novels in particular that engage the reader in this process of construction: Mrs Dalloway (1925) and To the Lighthouse (1927). The bridge from the first to the second brings memories of childhood, allowing for the discovery of these enigmas hidden between the lines. What survives? Who survives? It is the reader's task to unravel these codes and rethink this dialogue between plot and reader to contribute to the predominance of texts and the textuality of narratives.

Keywords: metonymy, code, metaphor, myth, textuality

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Authors: Omar Imine, Mohammed Aounallah, Mustapha Belkadi

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Steady three-dimensional and two free surface waves generated by moving bodies are presented, the flow problem to be simulated is rich in complexity and poses many modeling challenges because of the existence of breaking waves around the ship hull, and because of the interaction of the two-phase flow with the turbulent boundary layer. The results of several simulations are reported. The first study was performed for NACA0012 of hydrofoil with different meshes, this section is analyzed at h/c= 1, 0345 for 2D. In the second simulation, a mathematically defined Wigley hull form is used to investigate the application of a commercial CFD code in prediction of the total resistance and its components from tangential and normal forces on the hull wetted surface. The computed resistance and wave profiles are used to estimate the coefficient of the total resistance for Wigley hull advancing in calm water under steady conditions. The commercial CFD software FLUENT version 12 is used for the computations in the present study. The calculated grid is established using the code computer GAMBIT 2.3.26. The shear stress k-ωSST model is used for turbulence modeling and the volume of the fluid technique is employed to simulate the free-surface motion. The second order upwind scheme is used for discretizing the convection terms in the momentum transport equations, the Modified HRICscheme for VOF discretization. The results obtained compare well with the experimental data.

Keywords: free surface flows, breaking waves, boundary layer, Wigley hull, volume of fluid

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Authors: Sabita Karki

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Occupational health hazards are recognized as global problems for health care workers, it is quiet high in developing countries. It is increasing day by day due to change in science and technology. This study aimed to assess the knowledge and practice of occupational health hazards among the nurses. A descriptive, cross sectional study was carried out among 339 nurses working in three different teaching hospitals of the Kathmandu from February 28, 2016 to March 28, 2016. A self-administered questionnaire was used to collect the data. The study findings revealed that out of 339 samples of all 80.5% were below 30 years; 51.6% were married; 57.5% were graduates and above; 91.4% respondents were working as staff nurse; 56.9% were working in general ward; 56.9% have work experience of 1 to 5 years; 79.1% respondents were immunized against HBV; only 8.6% have received training/ in-service education related to OHH and 35.4% respondents have experienced health hazards. The mean knowledge score was 26.7 (SD=7.3). The level of knowledge of occupational health hazards among the nurses was 68.1% (adequate knowledge). The knowledge was statistically significant with education OR = 0.288, CI: 0.17-0.46 and p value 0.00 and immunization against HBV OR= 1.762, CI: 0.97-0.17 and p value 0.05. The mean practice score was 7.6 (SD= 3.1). The level of practice on prevention of OHH was 74.6% (poor practice). The practice was statistically significant with age having OR=0.47, CI: 0.26-0.83 and p value 0.01; designation OR= 0.32, CI: 0.14-0.70 and p value 0.004; working department OR=0.61, CI: 0.36-1.02 and p value 0.05; work experience OR=0.562, CI: 0.33-0.94 and p value 0.02; previous in-service education/ training OR=2.25; CI: 1.02-4.92 and p value 0.04. There was no association between knowledge and practice on prevention of occupational health hazards which is not statistically significant. Overall, nurses working in various teaching hospitals of Kathmandu had adequate knowledge and poor practice of occupational health hazards. Training and in-service education and availability of adequate personal protective equipments for nurses are needed to encourage them adhere to practice.

Keywords: occupational health hazard, nurses, knowledge, preventive practice

Procedia PDF Downloads 331