Search results for: International implications
5969 Arbitration in Foreign Investment: The Need for Equitable Treatment between the Investor and the Host State
Authors: Maria João Mimoso, Bárbara Magalhães Bravo
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This study aims to analyse the phenomenon of arbitration as a paradigm in solving emerging controversies of foreign investment. We will present their benefits and demonstrate their contribution to greater legal certainty in economic relations. This article explores the legal relevant concepts under a strictly conceptual methodology, preparing future research to be developed under more developed comparative law methodologies. The review of national and international literature and jurisprudence will reveal the importance of arbitration in the field of international economic relations, presenting it as an alternative dispute resolution. Globalization imposes new forms of investment protection and appeals to other forms of dispute settlement, primarily to prevent, among other problems, the possible bias of the recipient country's investment tribunals. Characterization of foreign investment, its regulatory sources, their characteristics and the need for intervention of an entity capable of resolving disputes between the parties involved: State investor reception; Investor (of a nationality other than the latter); State of the investor's nationality, and sometimes a ‘subsidiary’ local foreign investor. The ICSID (International Settlement of Investment Disputes) arbitration as a means of resolving investment litigations covered by bilateral treaties (BIT) and investment contracts calls for a delimitation of these two figures in order to clarify the scope of the arbitration under the aegis of the World Bank and to make it more secure in the view of the sovereign power of the States.Keywords: arbitration, contract, foreign, investment, disputes
Procedia PDF Downloads 2685968 Understanding Human Trafficking in Benin City: Implications for Social Work Intervention
Authors: Tracy B. E. Omorogiuwa
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Human trafficking also known as modern-day slavery can be seen as an effort by some privileged and criminally minded persons to take advantage of vulnerable individuals for their economic gains. Some factors; poverty, unemployment, poor educational opportunities, ignorance and traditional attitudes are attributed as causes and psychological, sexual, moral and health problems as impacts of human trafficking. This study examines the phenomenon of human trafficking in Benin City, one of the cities in Nigeria, situated as a source of trafficked persons for exploitation in Europe and African countries. Even though the Nigerian government and Non-governmental organizations have made considerable efforts in the past to reduce the incidence of human trafficking, the result has been an adjustment in the personality of the trafficked persons rather than professional measures to combat the issue. Hence, the study adopts the focused group discussions as a method for data collection; to sort the opinions of community members towards the understanding of the phenomenon. In addition, this paper provides social work implications to address the issue of human trafficking in the Benin City, Nigeria.Keywords: human trafficking, trafficking in persons, modern-day slavery, social work implication
Procedia PDF Downloads 1835967 The International Prohibition of Religiously-Motivated 'Incitement' to Violence
Authors: J. D. Temperman
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Introduction: In particular, in relation to religion, the meaning and scope of freedom of expression have been tested in recent times. This paper investigates the legal justifications for restrictions that have been suggested in this area and asks whether they are sustainable from an international human rights perspective. The universal human rights instruments, particularly the UN International Covenant on Civil and Political Rights (ICCPR), are increasingly geared towards eradicating ‘incitement’ to contingent harms like violence or discrimination, whilst forms of extreme speech that fall short of such incitement are to be protected rather than countered by states. Human Rights Committee’s draft-General Comment on freedom of expression, adopted in 2011, provides another strong indication that this is the envisaged way forward: repealing anti-blasphemy and anti-religious defamation laws, whilst simultaneously increasing efforts to combat ‘incitement’. Within regional human rights frameworks, notably the European Convention system, judgments have in fact supported legal restrictions on both hate speech, holocaust denial, and blasphemy or religious defamation. Major contributions to scholarship: This paper proposes an actus reus for the offense of ‘advocacy of religious hatred that constitutes incitement to discrimination or violence’, as enshrined in Article 20(2) of the UN ICCPR. In underscoring the high threshold of ‘incitement’, the author distinguishes this offense from such notions as ‘blasphemy’ or ‘defamation of religions’. In addition to treating the said provision as a sui generis prohibition, the question is addresses whether a ‘right to be protected against incitement’ may be distilled from the ICCPR. Furthermore, the author will discuss the question of how to judge incitement; notably, is mens rea required to convict someone of incitement, and if so, what degree of mens rea? This analysis also includes the question how to balance content and context factors when addressing alleged instances of incitement, notably what factors make provide for a likelihood that imminent acts of violence or discrimination will ensue from an inciteful speech act? Methodology: This paper takes a double comparative approach: (i) it endeavours to compare and contrast monitoring bodies’ approach to incitement (notably, the UN Human Rights Committee, but also the UN Committee on the Elimination of Racial Discrimination which monitors states’ compliance with Article 4 of ICERD on incitement); and (ii) it endeavours to chart and compare and analyse from an international human rights perspective recent forms of state practice in the field of dealing with incitement (i.e. a comparative legal analysis and vertical human rights analysis of newly emerging incitement legislation in the light of the said international standards). Conclusion: This paper conceptualizes a legal notion – ‘incitement’ – encapsulated in international human rights law that may have a profound bearing on contemporary challenges of radicalization and religious strife.Keywords: incitement, international human rights law, religious hatred, violence
Procedia PDF Downloads 3065966 Transient and Persistent Efficiency Estimation for Electric Grid Utilities Based on Meta-Frontier: Comparative Analysis of China and Japan
Authors: Bai-Chen Xie, Biao Li
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With the deepening of international exchanges and investment, the international comparison of power grid firms has become the focus of regulatory authorities. Ignoring the differences in the economic environment, resource endowment, technology, and other aspects of different countries or regions may lead to efficiency bias. Based on the Meta-frontier model, this paper divides China and Japan into two groups by using the data of China and Japan from 2006 to 2020. While preserving the differences between the two countries, it analyzes and compares the efficiency of the transmission and distribution industries of the two countries. Combined with the four-component stochastic frontier model, the efficiency is divided into transient and persistent efficiency. We found that there are obvious differences between the transmission and distribution sectors in China and Japan. On the one hand, the inefficiency of the two countries is mostly caused by long-term and structural problems. The key to improve the efficiency of the two countries is to focus more on solving long-term and structural problems. On the other hand, the long-term and structural problems that cause the inefficiency of the two countries are not the same. Quality factors have different effects on the efficiency of the two countries, and this different effect is captured by the common frontier model but is offset in the overall model. Based on these findings, this paper proposes some targeted policy recommendations.Keywords: transmission and distribution industries, transient efficiency, persistent efficiency, meta-frontier, international comparison
Procedia PDF Downloads 985965 The Withdrawal of African States from the International Criminal Court
Authors: Allwell Uwazuruike
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With the withdrawal, in 2016, of 3 African states from the ICC, the discourse took an interesting twist. African states, or at least some of them, had now shown their resolve to part ways with the ICC and, by implication, focus on further enthroning regional control and governance through an improved continental justice system. A range of views has been expressed over the years on the allegations of bias by some African states and the continued membership of the ICC. While there may be a split on the merits of the allegations of bias, academic analysts have generally not opposed African states’ membership of the ICC nor been particularly optimistic about the prospects of an African criminal court. There is also a degree of ambivalence on whether there are positives to be taken from African states’ withdrawal from the ICC. This article examines the recent developments with the ICC and analyses whether these could be viewed from the positive (or, at least, alternative) spectrum of the AU’s spirited march towards regional sovereignty or entirely negatively from the point of view of African Heads-of-State seeking to enthrone an era of authoritarianism and non-accountability.Keywords: international criminal court, Africa, regionalism, criminal justice
Procedia PDF Downloads 3245964 Using India’s Traditional Knowledge Digital Library on Traditional Tibetan Medicine
Authors: Chimey Lhamo, Ngawang Tsering
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Traditional Tibetan medicine, known as Sowa Rigpa (Science of healing), originated more than 2500 years ago with an insightful background, and it has been growing significant attention in many Asian countries like China, India, Bhutan, and Nepal. Particularly, the Indian government has targeted Traditional Tibetan medicine as its major Indian medical system, including Ayurveda. Although Traditional Tibetan medicine has been growing interest and has a long history, it is not easily recognized worldwide because it exists only in the Tibetan language and it is neither accessible nor understood by patent examiners at the international patent office, data about Traditional Tibetan medicine is not yet broadly exist in the Internet. There has also been the exploitation of traditional Tibetan medicine increasing. The Traditional Knowledge Digital Library is a database aiming to prevent the patenting and misappropriation of India’s traditional medicine knowledge by using India’s Traditional knowledge Digital Library on Sowa Rigpa in order to prevent its exploitation at international patent with the help of information technology tools and an innovative classification systems-traditional knowledge resource classification (TKRC). As of date, more than 3000 Sowa Rigpa formulations have been transcribed into a Traditional Knowledge Digital Library database. In this paper, we are presenting India's Traditional Knowledge Digital Library for Traditional Tibetan medicine, and this database system helps to preserve and prevent the exploitation of Sowa Rigpa. Gradually it will be approved and accepted globally.Keywords: traditional Tibetan medicine, India's traditional knowledge digital library, traditional knowledge resources classification, international patent classification
Procedia PDF Downloads 1265963 The Image of Egypt in CNN, BBC and Al Jazeera News Channels in Terms of Democracy, Economic Status and Stability
Authors: Sarah El Mokadem
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Egypt has been the focus of international media since 2011 revolution and its repercussions. By the end of 2017, President Abdel Fattah El Sisi will have finished his first term of presidency. With an upcoming presidential election, all eyes are returning back to Egypt as there are speculations about whether the current regime will uphold or change points in the constitution determining the years of presidency term and the allowed number or reelections. In this paper, the researcher examines the reports related to Egypt in three international news channels with different ideologies. The research aims to identify the frames used to portray major issues in Egypt like the economic struggle, democracy levels and stability and safety of the country. All available reports from these three channels in 2017 on YouTube were analyzed which is the year before the presidential elections.Keywords: content analysis, Egypt, image building, news channel ideology
Procedia PDF Downloads 2165962 Teaching Buddhist Meditation: An Investigation into Self-Learning Methods
Authors: Petcharat Lovichakorntikul, John Walsh
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Meditation is in the process of becoming a globalized practice and its benefits have been widely acknowledged. The first wave of internationalized meditation techniques and practices was represented by Chan and Zen Buddhism and a new wave of practice has arisen in Thailand as part of the Phra Dhammakaya temple movement. This form of meditation is intended to be simple and straightforward so that it can easily be taught to people unfamiliar with the basic procedures and philosophy. This has made Phra Dhammakaya an important means of outreach to the international community. One notable aspect is to encourage adults to become like children to perform it – that is, to return to a naïve state prior to the adoption of ideology as a means of understanding the world. It is said that the Lord Buddha achieved the point of awakening at the age of seven and Phra Dhammakaya has a program to teach meditation to both children and adults. This brings about the research question of how practitioners respond to the practice of meditation and how should they be taught? If a careful understanding of how children behave can be achieved, then it will help in teaching adults how to become like children (albeit idealized children) in their approach to meditation. This paper reports on action research in this regard. Personal interviews and focus groups are held with a view to understanding self-learning methods with respect to Buddhist meditation and understanding and appreciation of the practices involved. The findings are considered in the context of existing knowledge about different learning techniques among people of different ages. The implications for pedagogical practice are discussed and learning methods are outlined.Keywords: Buddhist meditation, Dhammakaya, meditation technique, pedagogy, self-learning
Procedia PDF Downloads 4785961 The Planning and Development of Green Public Places in Urban South Africa: A Child-Friendly Approach
Authors: E. J. Cilliers, Z. Goosen
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The impact that urban green spaces have on sustainability and quality of life is phenomenal. This is also true for the local South African environment. However, in reality green spaces in urban environments are decreasing due to growing populations, increasing urbanization and development pressure. This further impacts on the provision of child-friendly spaces, a concept that is already limited in local context. Child-friendly spaces are described as environments in which people (children) feel intimately connected to, influencing the physical, social, emotional, and ecological health of individuals and communities. The benefits of providing such spaces for the youth are well documented in literature. This research therefore aimed to investigate the concept of child-friendly spaces and its applicability to the South African planning context, in order to guide the planning of such spaces for future communities and use. Child-friendly spaces in the urban environment of the city of Durban, was used as local case study, along with two international case studies namely Mullerpier public playground in Rotterdam, the Netherlands, and Kadidjiny Park in Melville, Australia. The aim was to determine how these spaces were planned and developed and to identify tools that were used to accomplish the goal of providing successful child-friendly green spaces within urban areas. The need and significance of planning for such spaces was portrayed within the international case studies. It is confirmed that minimal provision is made for green space planning within the South African context, when there is reflected on the international examples. As a result international examples and disciples of providing child-friendly green spaces should direct planning guidelines within local context. The research concluded that child-friendly green spaces have a positive impact on the urban environment and assist in a child’s development and interaction with the natural environment. Regrettably, the planning of these child-friendly spaces is not given priority within current spatial plans, despite the proven benefits of such.Keywords: built environment, child-friendly spaces, green spaces, public places, urban area
Procedia PDF Downloads 4435960 International Trade, Food Security, and Climate Change in an Era of Liberal Trade
Authors: M. Barsa
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This paper argues that current liberal trade regimes have had the unfortunate effect of concentrating food production by area and by crop. While such hyper-specialization and standardization might be efficient under ordinary climate conditions, the increasing severity of climate shocks makes such a food production system especially vulnerable. Examining domestic US crop production, and the fact that similar patterns are evident worldwide, this paper explores the vulnerabilities of several major crops and suggests that the academic arguments surrounding increasing liberalization of trade are ill-suited to the climate challenges to come. Indeed, a case can be made that protectionist measures—especially by developing countries whose agricultural sectors are vulnerable to the cheap US and European exports—are increasingly necessary to scatter food production geographically and to retain a resilient diversity of crop varieties.Keywords: climate change, crop resilience, diversity, international trade
Procedia PDF Downloads 1295959 Illicit Return Practices of Irregular Migrants from Greece to Turkey
Authors: Enkelejda Koka, Denard Veshi
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Since 2011, in the name of ‘humanitarianism’ and deaths in the Mediterranean Sea, the legal and political justification delivered by Greece to manage the refugee crisis is pre-emptive interception. Although part of the EU, Greece adopted its own strategy. These practices have also created high risks for migrants generally resulting in non-rescue episodes and push-back practices having lethal consequences to the life of the irregular migrant. Thus, this article provides an analysis of the Greek ‘compassionate border work’ policy, a practice known as push-back. It is argued that these push-back practices violate international obligations, notably the ‘right to life’, the ‘duty to search and rescue’, the prohibition of inhuman or degrading treatment or punishment and the principle of non-refoulement.Keywords: Greece, migrants, push-back policy, violation of international law
Procedia PDF Downloads 1365958 Drivers, Patterns and Economic Consequences of Cities’ Globalization
Authors: Denis Ushakov
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Cities are the main actors of global production and trade, and dominant share of international business activity is now concentrating within a frame of global urban net. This trend transforms mechanisms and patterns of market economy institutes’ (such as competition, division of labor, international movement of capital and labor force) functioning; stimulates an appearance of new economical (development of rural areas), social (urbanization) and political (political and economical unity of the big countries) problems. All these reasons identified relevance and importance of purpose of this study – to consider a modern role of cities’ business systems in the global economy, to identify sources for global urban competitive advantages, to clear inter-cities economic relationships and patterns of cities’ positioning within a frame of global net.Keywords: globalization, urban business system, global city, transnationalization, networking
Procedia PDF Downloads 2995957 Spillover Effect of Husbands' Lifestyle on Their Wives' Marital Satisfaction in China
Authors: Xitong Liu, Yutong Huang, Shu-Ching Yang
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The phenomena of hypergamous and hypogamous marriages have become popular due to the imbalanced sex ratio caused by Chinese social preference for sons. Our research explores the spillover effect of husbands' lifestyles on their wives' marital satisfaction in China. Both personal and spouse lifestyle elements are utilized to develop regression models to study husbands' spillover effects on women's marital satisfaction. With data from China Family Panel Study and Stata for analysis, we tested our hypothesis that both smoking and substance use by a spouse will negatively impact women's marital satisfaction. Our empirical findings suggest that substance use has negative implications on marriage satisfaction. In particular, husbands' substance use is more critical to wives' marriage satisfaction than wives' behaviours. Conversely, another behavior indicating bad habits, the number of times the spouse drank alcohol, had no significant effect on the wife's marital satisfaction. We concluded our investigation and provided future implications for scholars in the family economics field.Keywords: Asian/Pacific Islander families, family economics, housework/division of labor, spillover
Procedia PDF Downloads 1215956 Trace Metals in Natural Bottled Water on Montenegrin Market and Comaparison with Tap Water in Podgorica
Authors: Katarina Živković, Ivana Joksimović
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Many different chemicals may occur in drinking water and cause significant human health risks after prolonged periods of exposure. In particular concern are contaminants that have cumulative toxic properties, such as heavy metals. This investigation was done to clarify concerns about chemical quality and safety of drinking tap water in Podgorica. For comparison, all available natural bottled water on Montenegrin market were bought. All samples (bottled water and tap water from Podgorica) were analyzed using ICP –OES on contents of Al, Cd, Pb, Cu, Zn,Cr, Fe, As and Mn. All results compared with the maximum concentration levels allowed by international standards and World Health Organization (WHO) guidelines. The results of analysis showed that all trace of heavy metals were very low and in same time below MCL according to WHO and International standard.Keywords: inductively coupled plasma - optical emission spectrometry (ICP-OES), Montenegro (Podgorica), natural bottled water, tap water , trace of heavy metal
Procedia PDF Downloads 4525955 A Historical Overview of the General Implementation of the European Union Market Abuse Directive in the United Kingdom before the Brexit and Its Future Implications
Authors: Howard Chitimira
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The European Union (EU) was probably the first body to establish multinational anti-market abuse laws aimed at enhancing the detection and curbing of cross-border market abuse activities in its member states. Put differently, the EU Insider Dealing Directive was adopted in 1989 and was the first law that harmonised the insider trading ban among the EU member states. Thereafter, the European Union Directive on Insider Dealing and Market Manipulation (EU Market Abuse Directive) was adopted in a bid to improve and effectively discourage all the forms of market abuse in the EU’s securities and financial markets. However, the EU Market Abuse Directive had its own gaps and flaws. In light of this, the Market Abuse Regulation and the Criminal Sanctions for Market Abuse Directive were enacted to repeal and replace the EU Market Abuse Directive in 2016. The article examines the adequacy of the EU Market Abuse Directive and its implementation in the United Kingdom (UK) prior to the British exit (Brexit). This is done to investigate the possible implications of the Brexit referendum outcome of 23 June 2016 on the future regulation of market abuse in the UK.Keywords: market abuse, insider trading, market manipulation, European Union, United Kingdom
Procedia PDF Downloads 2495954 Considering International/Local Peacebuilding Partnerships: The Stoplights Analysis System
Authors: Charles Davidson
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This paper presents the Stoplight Analysis System of Partnering Organizations Readiness, offering a structured framework to evaluate conflict resolution collaboration feasibility, especially crucial in conflict areas, employing a colour-coded approach and specific assessment points, with implications for more informed decision-making and improved outcomes in peacebuilding initiatives. Derived from at total of 40 years of practical peacebuilding experience from the project’s two researchers as well as interviews of various other peacebuilding actors, this paper introduces the Stoplight Analysis System of Partnering Organizations Readiness, a comprehensive framework designed to facilitate effective collaboration in international/local peacebuilding partnerships by evaluating the readiness of both potential partner organisations and the location of the proposed project. ^The system employs a colour-coded approach, categorising potential partnerships into three distinct indicators: Red (no-go), Yellow (requires further research), and Green (promising, go ahead). Within each category, specific points are identified for assessment, guiding decision-makers in evaluating the feasibility and potential success of collaboration. The Red category signals significant barriers, prompting an immediate stoppage in the consideration of partnership. The Yellow category encourages deeper investigation to determine whether potential issues can be mitigated, while the Green category signifies organisations deemed ready for collaboration. This systematic and structured approach empowers decision-makers to make informed choices, enhancing the likelihood of successful and mutually beneficial partnerships. Methodologically, this paper utilised interviews from peacebuilders from around the globe, scholarly research of extant strategies, and a collaborative review of programming from the project’s two authors from their own time in the field. This method as a formalised model has been employed for the past two years across a litany of partnership considerations, and has been adjusted according to its field experimentation. This research holds significant importance in the field of conflict resolution as it provides a systematic and structured approach to peacebuilding partnership evaluation. In conflict-affected regions, where the dynamics are complex and challenging, the Stoplight Analysis System offers decision-makers a practical tool to assess the readiness of partnering organisations. This approach can enhance the efficiency of conflict resolution efforts by ensuring that resources are directed towards partnerships with a higher likelihood of success, ultimately contributing to more effective and sustainable peacebuilding outcomes.Keywords: collaboration, conflict resolution, partnerships, peacebuilding
Procedia PDF Downloads 635953 Economic Impact of Rana Plaza Collapse
Authors: Md. Omar Bin Harun Khan
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The collapse of the infamous Rana Plaza, a multi-storeyed commercial building in Savar, near Dhaka, Bangladesh has brought with it a plethora of positive and negative consequences. Bangladesh being a key player in the export of clothing, found itself amidst a wave of economic upheaval following this tragic incident that resulted in numerous Bangladeshis, most of whom were factory workers. This paper compares the consequences that the country’s Ready Made Garments (RMG) sector is facing now, two years into the incident. The paper presents a comparison of statistical data from study reports and brings forward perspectives from all dimensions of Labour, Employment and Industrial Relations in Bangladesh following the event. The paper brings across the viewpoint of donor organizations and donor countries, the impacts of several initiatives taken by foreign organizations like the International Labour Organization, and local entities like the Bangladesh Garment Manufacturers and Exporters Association (BGMEA) in order to reinforce compliance and stabilize the shaky foundation that the RMG sector had found itself following the collapse. Focus of the paper remains on the stance taken by the suppliers in Bangladesh, with inputs from buying houses and factories, and also on the reaction of foreign brands. The paper also focuses on the horrific physical, mental and financial implications sustained by the victims and their families, and the consequent uproar from workers in general regarding compliance with work safety and workers’ welfare conditions. The purpose is to get across both sides of the scenario: the economic impact that suppliers / factories/ sellers/ buying houses/exporters have faced in Bangladesh as a result of complete loss of reliability on them regarding working standards; and also to cover the aftershock felt on the other end of the spectrum by the importers/ buyers, particularly the foreign entities, in terms of the sudden accountability of being affiliated with non- compliant factories. The collapse of Rana Plaza has received vast international attention and strong criticism. Nevertheless, the almost immediate strengthening of labourrights and the wholesale reform undertaken on all sides of the supply chain, evidence a move of all local and foreign stakeholders towards greater compliance and taking of precautionary steps for prevention of further disasters. The tragedy that Rana Plaza embodies served as a much-needed epiphany for the soaring RMG Sector of Bangladesh. Prompt co-operation on the part of all stakeholders and regulatory bodies now show a move towards sustainable development, which further ensures safeguarding against any future irregularities and pave the way for steady economic growth.Keywords: economy, employment standards, Rana Plaza, RMG
Procedia PDF Downloads 3355952 Access to Health Data in Medical Records in Indonesia in Terms of Personal Data Protection Principles: The Limitation and Its Implication
Authors: Anny Retnowati, Elisabeth Sundari
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This research aims to elaborate the meaning of personal data protection principles on patient access to health data in medical records in Indonesia and its implications. The method uses normative legal research by examining health law in Indonesia regarding the patient's right to access their health data in medical records. The data will be analysed qualitatively using the interpretation method to elaborate on the limitation of the meaning of personal data protection principles on patients' access to their data in medical records. The results show that patients only have the right to obtain copies of their health data in medical records. There is no right to inspect directly at any time. Indonesian health law limits the principle of patients' right to broad access to their health data in medical records. This restriction has implications for the reduction of personal data protection as part of human rights. This research contribute to show that a limitaion of personal data protection may abuse the human rights.Keywords: access, health data, medical records, personal data, protection
Procedia PDF Downloads 915951 Breaching Treaty Obligations of the Rome Statute of the International Criminal Court: The Case of South Africa
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
Procedia PDF Downloads 5285950 A Proposed Framework for Better Managing Small Group Projects on an Undergraduate Foundation Programme at an International University Campus
Authors: Sweta Rout-Hoolash
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Each year, selected students from around 20 countries begin their degrees at Middlesex University with the International Foundation Program (IFP), developing the skills required for academic study at a UK university. The IFP runs for 30 learning/teaching weeks at Middlesex University Mauritius Branch Campus, which is an international campus of UK’s Middlesex University. Successful IFP students join their degree courses already settled into life at their chosen campus (London, Dubai, Mauritius or Malta) and confident that they understand what is required for degree study. Although part of the School of Science and Technology, in Mauritius it prepares students for undergraduate level across all Schools represented on campus – including disciplines such as Accounting, Business, Computing, Law, Media and Psychology. The researcher has critically reviewed the framework and resources in the curriculum for a particular six week period of IFP study (dedicated group work phase). Despite working together closely for 24 weeks, IFP students approach the final 6 week small group work project phase with mainly inhibitive feelings. It was observed that students did not engage effectively in the group work exercise. Additionally, groups who seemed to be working well did not necessarily produce results reflecting effective collaboration, nor individual members’ results which were better than prior efforts. The researcher identified scope for change and innovation in the IFP curriculum and how group work is introduced and facilitated. The study explores the challenges of groupwork in the context of the Mauritius campus, though it is clear that the implications of the project are not restricted to one campus only. The presentation offers a reflective review on the previous structure put in place for the management of small group assessed projects on the programme from both the student and tutor perspective. The focus of the research perspective is the student voice, by taking into consideration past and present IFP students’ experiences as written in their learning journals. Further, it proposes the introduction of a revised framework to help students take greater ownership of the group work process in order to engage more effectively with the learning outcomes of this crucial phase of the programme. The study has critically reviewed recent and seminal literature on how to achieve greater student ownership during this phase especially under an environment of assessed multicultural group work. The presentation proposes several new approaches for encouraging students to take more control of the collaboration process. Detailed consideration is given to how the proposed changes impact on the work of other stakeholders, or partners to student learning. Clear proposals are laid out for evaluation of the different approaches intended to be implemented during the upcoming academic year (student voice through their own submitted reflections, focus group interviews and through the assessment results). The proposals presented are all realistic and have the potential to transform students’ learning. Furthermore, the study has engaged with the UK Professional Standards Framework for teaching and supporting learning in higher education, and demonstrates practice at the level of ‘fellow’ of the Higher Education Academy (HEA).Keywords: collaborative peer learning, enhancing learning experiences, group work assessment, learning communities, multicultural diverse classrooms, studying abroad
Procedia PDF Downloads 3265949 ‘Honour’ Crime and the Need for Differentiation from Domestic Violence in UK Law
Authors: Mariam Shah
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‘Honour’ crime has commonly been perceived in the UK as being a ‘domestic violence’ related issue due to incidents perceived to take place within a domestic context, and commonly by familial perpetrators. The lack of differentiation between domestic violence and ‘honour’ related incidents has several negative implications. Firstly, the prevalence and extent of ‘honour’ related crime within the UK cannot be accurately quantified due to ‘honour’ incidents being classed statistically as domestic violence incidents. Secondly, lack of differentiation means that the negative stereotypical attitudes ascribed to domestic violence which has resulted in lower criminal conviction rates that are also impacting the conviction of perpetrators of ‘honour’ crime. Thirdly, ‘honour’ related crime is innately distinct from domestic violence due to the perpetrator’s resolute intent of cleansing perceived ‘shame’ in any way possible, often with the involvement and collusion of multiple perpetrators from within the family and/or community. Domestic violence is typically restricted to the ‘home’, but ‘honour’ crime can operate between national and international boundaries. This paper critically examines the current academic literature and concludes that the few similarities between domestic violence and ‘honour’ related crime are not sufficient to warrant identical treatment under UK criminal law. ‘Honour’ related crime is a distinct and stand-alone offence which should be recognised as such. The appropriate identification and treatment of ‘honour’ crime are crucial, particularly in light of the UK’s first ‘white’ honour killing which saw a young English woman murdered after being deemed to have brought ‘shame’ on her ex-boyfriend’s family. This incident highlights the possibility of ‘honour’ crime extending beyond its perceived ‘ethnic minority’ roots and becoming more of a ‘mainstream’ issue for the multi-cultural and multi-racial UK.Keywords: differentiation, domestic violence, honour crime, United Kingdom
Procedia PDF Downloads 2335948 Impact of America's Anti-Ballistic Missile System (ABMS) on Power Dynamics of the World
Authors: Fehmeen Anwar, Ujala Liaqat
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For over half a century, U.S. and the Soviet Union have been at daggers drawn with each other. Both leading powers of the world have been struggling hard to surpass each other in military and other technological fields. This neck-to-neck competition turned in favour of U.S. in the early 1990s when USSR had to face economic stagnation and later dismemberment of several of its states. The predominance of U.S. is still evident to date, rather it continues to grow. With this proposed defence program i.e. Anti-Ballistic Missile System, the U.S. will have a considerable chance of intercepting any nuclear strike by Russia, which re-asserts U.S. dominance in the region and creating a security dilemma for Russia and other states. The question is whether America’s recent nuclear deterrence project is merely to counter nuclear threats from Iran and North Korea or is it purely directed towards Russia, thus ensuring complete military supremacy in the world. Although U.S professes to direct its Anti-Ballistic Missile System (ABMS) against the axis of evil (Iran and North Korea), yet the deployment of this system in the East European territory undermines the Russian nuclear strategic capability, as this enables U.S. to initiate an attack and guard itself from retaliatory strike, thus disturbing the security equilibrium in Europe. The implications of this program can lead to power imbalance which can lead to the emergence of fundamentally different paradigm of international politics.Keywords: Anti-Ballistic Missile System (ABMS), cold-war, axis of evil, power dynamics
Procedia PDF Downloads 2915947 The Role of Vocabulary in Reading Comprehension
Authors: Engku Haliza Engku Ibrahim, Isarji Sarudin, Ainon Jariah Muhamad
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It is generally agreed that many factors contribute to one’s reading comprehension and there is consensus that vocabulary size one of the main factors. This study explores the relationship between second language learners’ vocabulary size and their reading comprehension scores. 130 Malay pre-university students of a public university participated in this study. They were students of an intensive English language programme doing preparatory English courses to pursue bachelors degree in English. A quantitative research method was employed based on the Vocabulary Levels Test by Nation (1990) and the reading comprehension score of the in-house English Proficiency Test. A review of the literature indicates that a somewhat positive correlation is to be expected though findings of this study can only be explicated once the final analysis has been carried out. This is an ongoing study and it is anticipated that results of this research will be finalized in the near future. The findings will help provide beneficial implications for the prediction of reading comprehension performance. It also has implications for the teaching of vocabulary in the ESL context. A better understanding of the relationship between vocabulary size and reading comprehension scores will enhance teachers’ and students’ awareness of the importance of vocabulary acquisition in the L2 classroom.Keywords: vocabulary size, vocabulary learning, reading comprehension, ESL
Procedia PDF Downloads 4485946 Modelling Export Dynamics in the CSEE Countries Using GVAR Model
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The paper investigates the key factors of export dynamics for a set of Central and Southeast European (CSEE) countries in the context of current economic and financial crisis. In order to model the export dynamics a Global Vector Auto Regressive (GVAR) model is defined. As opposed to models which model each country separately, the GVAR combines all country models in a global model which enables obtaining important information on spill-over effects in the context of globalization and rising international linkages. The results of the study indicate that for most of the CSEE countries, exports are mainly driven by domestic shocks, both in the short run and in the long run. This study is the first application of the GVAR model to studying the export dynamics in the CSEE countries and therefore the results of the study present an important empirical contribution.Keywords: export, GFEVD, global VAR, international trade, weak exogeneity
Procedia PDF Downloads 3005945 Kidnapping of Migrants by Drug Cartels in Mexico as a New Trend in Contemporary Slavery
Authors: Itze Coronel Salomon
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The rise of organized crime and violence related to drug cartels in Mexico has created serious challenges for the authorities to provide security to those who live within its borders. However, to achieve a significant improvement in security is absolute respect for fundamental human rights by the authorities. Irregular migrants in Mexico are at serious risk of abuse. Research by Amnesty International as well as reports of the NHRC (National Human Rights) in Mexico, have indicated the major humanitarian crisis faced by thousands of migrants traveling in the shadows. However, the true extent of the problem remains invisible to the general population. The fact that federal and state governments leave no proper record of abuse and do not publish reliable data contributes to ignorance and misinformation, often spread by the media that portray migrants as the source of crime rather than their victims. Discrimination and intolerance against irregular migrants can generate greater hostility and exclusion. According to the modus operandi that has been recorded criminal organizations and criminal groups linked to drug trafficking structures deprive migrants of their liberty for forced labor and illegal activities related to drug trafficking, even some have been kidnapped for be trained as murderers . If the victim or their family cannot pay the ransom, the kidnapped person may suffer torture, mutilation and amputation of limbs or death. Migrant women are victims of sexual abuse during her abduction as well. In 2011, at least 177 bodies were identified in the largest mass grave found in Mexico, located in the town of San Fernando, in the border state of Tamaulipas, most of the victims were killed by blunt instruments, and most seemed to be immigrants and travelers passing through the country. With dozens of small graves discovered in northern Mexico, this may suggest a change in tactics between organized crime groups to the different means of obtaining revenue and reduce murder profile methods. Competition and conflict over territorial control drug trafficking can provide strong incentives for organized crime groups send signals of violence to the authorities and rival groups. However, as some Mexican organized crime groups are increasingly looking to take advantage of income and vulnerable groups, such as Central American migrants seem less interested in advertising his work to authorities and others, and more interested in evading detection and confrontation. This paper pretends to analyze the introduction of this new trend of kidnapping migrants for forced labors by drug cartels in Mexico into the forms of contemporary slavery and its implications.Keywords: international law, migration, transnational organized crime
Procedia PDF Downloads 4165944 Conceptual Analysis of the Implications of Black Fathers’ Lifestyles and Their Involvement in their Children’s Early Development
Authors: Chinedu Ifedi Okeke
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The behavioural orientations of fathers, which resonate in the way they relate to members of their families and other community members, appear to have a variety of implications for the early development of children. In this paper, a conceptual map of fathers’ lifestyles is adopted to provide an interconnected network of father lifestyles. Empirical evidence from a qualitative case study of 25 Black fathers, who had been purposively selected from a suburb in one rural Eastern Cape municipality in South Africa, is reported in this paper. Semi-structured in-depth interviews were used to obtain data, which was analysed thematically. Findings identify and provide evidence of father lifestyles that are incongruent with the kind of parental behaviour needed to support the healthy early development of children. Findings suggest that these negative lifestyles appear to incapacitate fathers who fail to make a positive contribution to their children’s early development. To ensure that fathers make the expected contributions to their children’s early development, policies aimed at rehabilitating fathers who are involved in the negative lifestyles reported in this paper should be put in place.Keywords: childhood development, fathering, fathers, intervention strategies, lifestyles, South Africa
Procedia PDF Downloads 1345943 Freedom of Information and Freedom of Expression
Authors: Amin Pashaye Amiri
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Freedom of information, according to which the public has a right to have access to government-held information, is largely considered as a tool for improving transparency and accountability in governments, and as a requirement of self-governance and good governance. So far, more than ninety countries have recognized citizens’ right to have access to public information. This recognition often took place through the adoption of an act referred to as “freedom of information act”, “access to public records act”, and so on. A freedom of information act typically imposes a positive obligation on a government to initially and regularly release certain public information, and also obliges it to provide individuals with information they request. Such an act usually allows governmental bodies to withhold information only when it falls within a limited number of exemptions enumerated in the act such as exemptions for protecting privacy of individuals and protecting national security. Some steps have been taken at the national and international level towards the recognition of freedom of information as a human right. Freedom of information was recognized in a few countries as a part of freedom of expression, and therefore, as a human right. Freedom of information was also recognized by some international bodies as a human right. The Inter-American Court of Human Rights ruled in 2006 that Article 13 of the American Convention on Human Rights, which concerns the human right to freedom of expression, protects the right of all people to request access to government information. The European Court of Human Rights has recently taken a considerable step towards recognizing freedom of information as a human right. However, in spite of the measures that have been taken, public access to government information is not yet widely accepted as an international human right. The paper will consider the degree to which freedom of information has been recognized as a human right, and study the possibility of widespread recognition of such a human right in the future. It will also examine the possible benefits of such recognition for the development of the human right to free expression.Keywords: freedom of information, freedom of expression, human rights, government information
Procedia PDF Downloads 5475942 Identifying Understanding Expectations of School Administrators Regarding School Assessment
Authors: Eftah Bte. Moh Hj Abdullah, Izazol Binti Idris, Abd Aziz Bin Abd Shukor
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This study aims to identify the understanding expectations of school administrators concerning school assessment. The researcher utilized a qualitative descriptive study on 19 administrators from three secondary schools in the North Kinta district. The respondents had been interviewed on their understanding expectations of school assessment using the focus group discussion method. Overall findings showed that the administrators’ understanding expectations of school assessment was weak; especially in terms of content focus, articulation across age and grade, transparency and fairness, as well as the pedagogical implications. Findings from interviews indicated that administrators explained their understanding expectations of school assessment from the aspect of school management, and not from the aspect of instructional leadership or specifically as assessment leaders. The study implications from the administrators’ understanding expectations may hint at the difficulty of the administrators to function as assessment leaders, in order to reduce their focus as manager, and move towards their primary role in the process of teaching and learning. The administrator, as assessment leaders, would be able to reach assessment goals via collaboration in identifying and listing teacher assessment competencies, how to construct assessment capacity, how to interpret assessment correctly, the use of assessment and how to use assessment information to communicate confidently and effectively to the public.Keywords: assessment leaders, assessment goals, instructional leadership, understanding expectation of assessment
Procedia PDF Downloads 4565941 The Role of Asset Recovery in Combatting Organized Crime
Authors: Tamas Bezsenyi, Noemi Katona
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Fighting Human Trafficking is a highly important issue worldwide that states need to deal with in international politics. In the EU combatting human trafficking is emphasized in international policy making and also in the work of international law enforcement, thus in the work of the EUROPOL. While the EU Directive against Human Trafficking prescribes how states should fight this transnational crime and also how victims should be assisted, the EUROPOL focuses on the effective cooperation between national law enforcement agencies. However, despite the aims of the common fight, human trafficking is regulated differently in the punitive law of various nation states. This deeply defines the work and possibilities of national law enforcement organizations. Among the manifold differences in this paper, we focus on the role of regulating asset recovery. We highlight that money, and the regulation and practice how the law enforcement deals with income gained from criminal activities, play essential role in combatting human trafficking. While doing research on the investigation of transnational human trafficking by the Hungarian Law Enforcement Agencies, we have found that the unfortunate regulation of asset recovery determines the lower effectiveness of eliminating criminal organizations. While i.e. in the Netherlands confiscation of property takes place in an early stage of the criminal procedure, in Hungary it can be conducted only if money laundering is also assumed. Our presentation builds on the comparison of criminal procedures which we analyse based on criminal files and interviews with coworkers of the National Bureau of Investigation.Keywords: human trafficking, law enforcement, asset recovery, organized crime
Procedia PDF Downloads 2815940 The Effects of Distribution Channels on the Selling Prices of Hotels in Time of Crisis
Authors: Y. Yılmaz, C. Ünal, A. Dursun
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Distribution channels play significant role for hotels. Direct and indirect selling options of hotel rooms have been increased especially with the help of new technologies, i.e. hotel’s own web sites and online booking sites. Although these options emerged as tools for diversifying the distribution channels, vast number of hotels -mostly resort hotels- is still heavily dependent upon international tour operators when selling their products. On the other hand, hotel sector is so vulnerable against crises. Economic, political or any other crisis can affect hotels very badly and so it is critical to have the right balance of distribution channel to avoid the adverse impacts of a crisis. In this study, it is aimed to search the impacts of a general crisis on the selling prices of hotels which have different weights of distribution channels. The study was done in Turkey where various crises occurred in 2015 and 2016 which had great negative impacts on Turkish tourism and led enormous occupancy rate and selling price reductions. 112 upscale resort hotel in Antalya, which is the most popular tourism destination of Turkey, joined to the research. According to the results, hotels with high dependency to international tour operators are more forced to reduce their room prices in crisis time compared to the ones which use their own web sites more. It was also found that the decline in room prices is limited for hotels which are working with national tour operators and travel agencies in crisis time.Keywords: marketing channels, crisis, hotel, international tour operators, online travel agencies
Procedia PDF Downloads 318