Search results for: international strategic alliances
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 5178

Search results for: international strategic alliances

4518 The Concept of Customary International Law. Redefining The Formation Requirements of Customary International Law Based on The Rules-And-Principles-Model of Robert Alexy

Authors: Marlene Anzenberger

Abstract:

The emergence of customary international law has always been controversial. Even with the two fundamental elements of origin, longa consuetudo and opinio juris the process of origin is highly unclear. It is uncertain how much time must pass, how many subjects must act, how many actions must be taken and how strong the opinio iuris must be in order for customary international law to emerge. The most appropriate solutions are based on sliding scales. Every aspect of the emergence of customary international law is up for debate, depending on the specific circumstances. The given approach is to rationalise this process by constructing an internal line of justification for all the arguments developed in the literature and used in the external justification process. This requires defining the elements of the justification process as formal principles. Such an approach is a milestone considering the fact that formal principles are highly questioned nowadays and - if they are accepted at all - are mostly used in relation to competences. Furthermore, the application of formal principles needs to be scrutinised and extended. In the national context (eg fundamental rights), principles have so far only been able to collide. However, their optimisation character also allows for other applications, for example cooperation instead of collision. Taking these aspects into account, a rational origination scheme is to be developed that is based on Robert Alexy's weight formula. First, one has to examine the individual components of the two fundamental elements of emergence and establish whether these are all-or-nothing requirements (rules) or partially fulfillable parameters (principles) and to what extent the gradually fulfillable parameters are definitely of necessity in every case. Second, one has to look at the previous research on formal principles, which is based in particular on Matthias Klatt's theory stating that formal principles are equivalent to competences and occur only in this context. However, the outcome of the paper will not merely show that this identity theory is too narrowly conceived, but that the application of principles to date only represents a partial area of their possible applications. The context of fundamental rights review has suggested to representatives such as Robert Alexy that it is purely the nature of principles to collide with each other and that the task of the practitioner is purely to resolve this collision by means of a proportionality test. However, the application of the development process of customary international law shows that a complementary application of principles is equally possible. The highly praised optimisation requirement is merely attributable to the specific circumstances and is rather based on a general optimisation possibility.The result is twofold. On one side, it is an internal justification scheme that rationalises the development process of customary international law in the sense of an internal justification, whereby a cooperation behaviour between the sub-parameters within the development elements is to be depicted. On the other side, it is a fully developed test to identify the emergence of customary international law in practice.

Keywords: balancing, consuetudo, customary international law, formal principles, opinio iuris, proportionality, weight formula

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4517 Migrant Workers and the Challenge for Human Security in Southeast Asia since 1997

Authors: Hanen Khaldi

Abstract:

This paper aims to study the impact of international migration on human security in the Southeastern region of Asia, especially after Asian Financial Crisis 1997-98. International migration has impacts on many dimensions of security: the state security (sovereignty and autonomy); international relationships security (conflicts, terrorism, etc); and immigrants security. The paper aims to improve our comprehension of the impact of international migration on immigrant security in the region of Southeast Asia, particularly “vulnerable workers’’ whose number is growing very fast in the region. The literature review carried out on this matter led us to ask the following two question: 1) Did the creation of ASEAN Community matter on the evolution of immigrants in the region? And How governments try to resolve the gap between economic objectifs and security of immigrants in the region? To answer these two questions, the paper is subdivided in three parts: Firstly, we will show how the creation of the ASEAN Community, especially ASEAN Economic Community, had a significant impact on the pattern of evolution of immigration in this region. Secondly, we will paint a portrait illustrating the vulnerability of immigrants in Southeast Asia, particularly unskilled workers. Finally, using the theories of regional integration, we will assess how governments try to ensure the security and safety of the immigrants. Overall, our analysis illustrate the significant change of the official discourse of the leaders of the ASEAN member states, now more conciliator and especially more open to cooperation, as well as the proliferation of meetings and initiatives between these countries to control mobility flows in the region, and the ensure immigrants security.

Keywords: migrant workers, human security, human rights

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4516 The Effects of the Convergence of Common Law and Civil Law on the Judicial Practice

Authors: István Erdős

Abstract:

The convergence of common law and civil law systems is a defining phenomenon in current legal development, which has an effect on the practice of law. One cause of this convergence is the growing importance of international private law due to international trade, as well as the growing importance of EU law. However, it is unclear how this process alters the judicial practice in civil law countries where common law elements have been adopted. This research focuses on the introduction of the limited precedent system in Hungary, which swiftly changed the practice of law by introducing common law features. The study analyzes key decisions of the Curia of Hungary (the Supreme Court) utilizing structural content analysis (SCA) to understand the effects of this convergence phenomenon. A key conceptual contribution of the study concerns the link between adjudication theory and judicial practice. The study finds that adjudication theory and practice shifted. Based on the findings, the study makes suggestions about the changes required by the participants of the legal world to proactively adapt to the changing legal environment.

Keywords: international convergence, judicial practice, limited precedent system, structural content analysis

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4515 Methodological Approach to the Elaboration and Implementation of the Spatial-Urban Plan for the Special Purpose Area: Case-Study of Infrastructure Corridor of Highway E-80, Section Nis-Merdare, Serbia

Authors: Nebojsa Stefanovic, Sasa Milijic, Natasa Danilovic Hristic

Abstract:

Spatial plan of the special purpose area constitutes a basic tool in the planning of infrastructure corridor of a highway. The aim of the plan is to define the planning basis and provision of spatial conditions for the construction and operation of the highway, as well as for developing other infrastructure systems in the corridor. This paper presents a methodology and approach to the preparation of the Spatial Plan for the special purpose area for the infrastructure corridor of the highway E-80, Section Niš-Merdare in Serbia. The applied methodological approach is based on the combined application of the integrative and participatory method in the decision-making process on the sustainable development of the highway corridor. It was found that, for the planning and management of the infrastructure corridor, a key problem is coordination of spatial and urban planning, strategic environmental assessment and sectoral traffic planning and designing. Through the development of the plan, special attention is focused on increasing the accessibility of the local and regional surrounding, reducing the adverse impacts on the development of settlements and the economy, protection of natural resources, natural and cultural heritage, and the development of other infrastructure systems in the corridor of the highway. As a result of the applied methodology, this paper analyzes the basic features such as coverage, the concept, protected zones, service facilities and objects, the rules of development and construction, etc. Special emphasis is placed to methodology and results of the Strategic Environmental Assessment of the Spatial Plan, and to the importance of protection measures, with the special significance of air and noise protection measures. For evaluation in the Strategic Environmental Assessment, a multicriteria expert evaluation (semi-quantitative method) of planned solutions was used in relation to the set of goals and relevant indicators, based on the basic set of indicators of sustainable development. Evaluation of planned solutions encompassed the significance and size, spatial conditions and probability of the impact of planned solutions on the environment, and the defined goals of strategic assessment. The framework of the implementation of the Spatial Plan is presented, which is determined for the simultaneous elaboration of planning solutions at two levels: the strategic level of the spatial plan and detailed urban plan level. It is also analyzed the relationship of the Spatial Plan to other applicable planning documents for the planning area. The effects of this methodological approach relate to enabling integrated planning of the sustainable development of the infrastructure corridor of the highway and its surrounding area, through coordination of spatial, urban and sectoral traffic planning and design, as well as the participation of all key actors in the adoption and implementation of planned decisions. By the conclusions of the paper, it is pointed to the direction for further research, particularly in terms of harmonizing methodology of planning documentation and preparation of technical-design documentation.

Keywords: corridor, environment, highway, impact, methodology, spatial plan, urban

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4514 A Development Model of Factors Affecting Decision Making to Select Successor in Family Business of Thailand

Authors: Polvasut Mahaiamsiri, Piraphong Foosiri

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The purpose of this research is to explore the model of factors affecting decision making to select successor in family business of Thailand. A Structural Equation Model (SEM) was created from relevant theories and researches. Consequently, examine and analyse, the causal relation factors of Succession Plan, Recruitment Process and Strategic Planning, whether they have direct or indirect effects on Decision Making to Select Successor in family business. Units of analysis are selected from the family business, totalling 300 sampling. Population sampling is current owners or CEO from the percentage of six district areas in Thailand with multi-stage sampling. A set of questionnaires is used to collect data. An analysis of structural equation modelling (SEM) technique using AMOS 21 program is conducted to test the hypotheses and confirmatory factor analysis is performed and shows that these variables can be tested. The finding of this study revealed that these factors are separate constructs that combine to determine decision making to select successors.

Keywords: succession plan, family business, recruitment process, strategic planning, decision making to select successor

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4513 Conflict around the Brownfield Reconversion of the Canadian Forces Base Rockcliffe in Ottawa: A Clash of Ambitions and Visions in Canadian Urban Sustainability

Authors: Kenza Benali

Abstract:

Over the past decade, a number of remarkable projects in urban brownfield reconversion emerged across Canada, including the reconversion of former military bases owned by the Canada Lands Company (CLC) into sustainable communities. However, unlike other developments, the regeneration project of the former Canadian Forces Base Rockcliffe in Ottawa – which was announced as one of the most ambitious Smart growth projects in Canada – faced serious obstacles in terms of social acceptance by the local community, particularly urban minorities composed of Francophones, Indigenous and vulnerable groups who live near or on the Base. This turn of events led to the project being postponed and even reconsidered. Through an analysis of its press coverage, this research aims to understand the causes of this urban conflict which lasted for nearly ten years. The findings reveal that the conflict is not limited to the “standard” issues common to most conflicts related to urban mega-projects in the world – e.g., proximity issues (threads to the quality of the surrounding neighbourhoods; noise, traffic, pollution, New-build gentrification) often associated with NIMBY phenomena. In this case, the local actors questioned the purpose of the project (for whom and for what types of uses is it conceived?), its local implementation (to what extent are the local history and existing environment taken into account?), and the degree of implication of the local population in the decision-making process (with whom is the project built?). Moreover, the interests of the local actors have “jumped scales” and transcend the micro-territorial level of their daily life to take on a national and even international dimension. They defined an alternative view of how this project, considered strategic by his location in the nation’s capital, should be a reference as well as an international showcase of Canadian ambition and achievement in terms of urban sustainability. This vision promoted, actually, a territorial and national identity approach - in which some cultural values are highly significant (respect of social justice, inclusivity, ethnical diversity, cultural heritage, etc.)- as a counterweight to planners’ vision which is criticized as a normative/ universalist logic that ignore the territorial peculiarities.

Keywords: smart growth, brownfield reconversion, sustainable neighborhoods, Canada Lands Company, Canadian Forces Base Rockcliffe, urban conflicts

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4512 An Investigation of the Effectiveness and Quality Service of Thai Labor Fund

Authors: Chutikarn Sriviboon

Abstract:

The objectives of this research were to study the operation of the Labor Fund and to investigate the needs for money and assistance from Thai laborers both from within the system and out of the system and to compare between the assistance from domestic and international funds. The population of this study included three labor groups: group one was laborer in the system who were the members of saving cooperative, group two was laborer in the system who were not the members of saving cooperative, and group three was laborer who were not in the system. This was a mixed research of quantitative and qualitative methods. The findings can be categorized into four parts. First, the labor fund was beneficial to Thai laborers by giving access to government funds but the weakness was found to be poor public relations. Second, the labor funds should extend their assistance to laborer in the system who was not the members of saving cooperative. Third, the comparison between domestic labor funds and international labor funds revealed that there were no international funds which provided assistance the same way as Thai labor funds. Finally, there was a need to improve the management of labor funds and to provide long term assistance to Thai labors.

Keywords: effectiveness, quality, labor funds, service

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4511 Sustainable Development Variables to Assess Transport Infrastructure in Remote Destinations

Authors: Dimitrios J. Dimitriou, Maria F. Sartzetaki

Abstract:

The assessment variables of the accessibility and the sustainability of access infrastructure for remote regions may vary significant by location and a wide range of factors may affect the decision process. In this paper, the environmental disturbance implications of transportation system to key demand and supply variables impact the economic system in remote destination are descripted. According to a systemic approach, the key sustainability variables deals with decision making process that have to be included in strategic plan for the critical transport infrastructure development and their relationship to regional socioeconomic system are presented. The application deals with the development of railway in remote destinations, where the traditional CBA not include the external cost generated by the environmental impacts that may have a range of diverse impacts on transport infrastructure and services. The analysis output provides key messages to decision and policy makers towards sustainable development of transport infrastructure, especially for remote destinations where accessibility is a key factor of regional economic development and social stability. The key conclusion could be essential useful for relevant applications in remote regions in the same latitude.

Keywords: sustainable development in remote regions, transport infrastructure, strategic planning, sustainability variables

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4510 The Politics of Renewable Energy Generation and Its Challenges: A Case Study of Iran

Authors: Naresh Kumar Verma

Abstract:

Nuclear energy being adapted as a renewable energy source and its production by developing countries has turned into a major strategic concern and politics by the developed world. The West seem to be the sole proprietor of such energy source and any country opting for such energy production either face significant hurdles or geopolitical challenges in developing such energy source. History of West Asia is full of interference by external powers which has been integral in the incessant conflict in the region. Whether it was the creation of Israel, the Gulf war of 1991, or the invasion of Iraq in 2003, and more recently the Iranian nuclear conundrum, the soil of West Asia has always been a witness to the play of extra regional powers game. Iran, being a theocratic state has been facing such threats and challenges, regarding its intentions and its capability in such energy production. The paper will try to assess the following issues: -Politics of Renewable Energy Generation. -Geographical and strategic significance of Iran’s nuclear programme. -Challenges in the path of Iran developing nuclear energy as a RE source. -The interests of the regional and extra-regional actors in challenging Iranian Nuclear Programme.

Keywords: developing countries, geopolitics, Iran, nuclear energy, renewable energy

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4509 Basics of SCADA Security: A Technical Approach

Authors: Michał Witas

Abstract:

This paper presents a technical approach to analysis of security of SCADA systems. Main goal of the paper is to make SCADA administrators aware of risks resulting from SCADA systems usage and to familiarize with methods that can be adopt to existing or planned system, to increase overall system security level. Because SCADA based systems become a industrial standard, more attention should be paid to the security of that systems. Industrial Control Systems (ICS) like SCADA are responsible for controlling crucial aspects of wide range of industrial processes. In pair with that responsibility, goes a lot of money that can be earned or lost – this fact is main reason of increased interest of attackers. Additionally ICS are often responsible for maintaining resources strategic from the point of view of national economy, like electricity (including nuclear power plants), heating, water resources or military facilities, so they can be targets of terrorist cybernetic attacks. Without proper risk analysis and management, vulnerabilities resulting from the usage of SCADA can be easily exploited by potential attacker. Paper is based mostly on own experience in systems security, gathered during academic studies and professional work in international company. As title suggests, it will cover only basics of topic, because every of points mentioned in the document can be base for additional research and papers.

Keywords: denial of service, SCADA, security policy, distributed network

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4508 Geopolitics over Ukraine: International Policies and Domestic Problems

Authors: Daniel Silander

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This article explores the EU Initiated European Neighborhood Policy (ENP) towards Ukraine. It also explores Russian geopolitics in the region. We argue that Ukraine is sandwiched between two regional powers in the EU and Russia. By analyzing EU democracy promotion towards Ukraine and neighbors, we assess a weak EU normative capacity. Instead of building a “ring of friends”, as argued by the EU Commission, in an enlarged democratic community, the EU has achieved poor democratic records in Ukraine which opened for a revival of Russia in the region and causes the international crisis over Crime of 2014.

Keywords: regional neighborhood policy, European Union, Russia, Ukraine, domestic elites

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4507 Strategic Policy Formulation to Ensure the Atlantic Forest Regeneration

Authors: Ramon F. B. da Silva, Mateus Batistella, Emilio Moran

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Although the existence of two Forest Transition (FT) pathways, the economic development and the forest scarcity, there are many contexts that shape the model of FT observed in each particular region. This means that local conditions, such as relief, soil quality, historic land use/cover, public policies, the engagement of society in compliance with legal regulations, and the action of enforcement agencies, represent dimensions which combined, creates contexts that enable forest regeneration. From this perspective we can understand the regeneration process of native vegetation cover in the Paraíba Valley (Forest Atlantic biome), ongoing since the 1960s. This research analyzed public information, land use/cover maps, environmental public policies, and interviewed 17 stakeholders from the Federal and State agencies, municipal environmental and agricultural departments, civil society, farmers, aiming comprehend the contexts behind the forest regeneration in the Paraíba Valley, Sao Paulo State, Brazil. The first policy to protect forest vegetation was the Forest Code n0 4771 of 1965, but this legislation did not promote the increase of forest, just the control of deforestation, not enough to the Atlantic Forest biome that reached its highest pick of degradation in 1985 (8% of Atlantic Forest remnants). We concluded that the Brazilian environmental legislation acted in a strategic way to promote the increase of forest cover (102% of regeneration between 1985 and 2011) from 1993 when the Federal Decree n0 750 declared the initial and advanced stages of secondary succession protected against any kind of exploitation or degradation ensuring the forest regeneration process. The strategic policy formulation was also observed in the Sao Paulo State law n0 6171 of 1988 that prohibited the use of fire to manage agricultural landscape, triggering a process of forest regeneration in formerly pasture areas.

Keywords: forest transition, land abandonment, law enforcement, rural economic crisis

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4506 International Broadcasting of Public Diplomacy in the Era of Social Media in Nigeria

Authors: Henry Okechukwu Onyeiwu

Abstract:

In today’s Nigerian digital age, the landscape of public diplomacy has been significantly altered by the rise of social media platforms like YouTube, Facebook, Twitter, and Instagram. In recent years, social media platforms have emerged as powerful tools for public diplomacy, transforming how countries communicate with both domestic and global audiences. International broadcasting as a tool of public diplomacy has undergone a significant transformation. Traditional methods of state-run media and controlled broadcasting have evolved to incorporate the dynamic, interactive, and decentralized nature of digital platforms. Understanding how Nigerian governments engages in international broadcasting of public diplomacy, the influence of social media on broadcasting public diplomacy, focusing on the advantages and disadvantages of controlling media outlets for diplomatic purposes and also covers the changing nature of global communication in this digital era. As countries navigate the complexities of international relations, the effectiveness of controlled media in shaping public perception and engagement raises significant questions worth exploring. The vast amount of content available can make it challenging to capture and retain audience attention. The ease of spreading false information on social media requires international broadcasters to maintain credibility and counteract misleading narratives. Addressing these challenges requires a comprehensive research that integrates digital communication tools, cultural sensitivity, cybersecurity measures and ongoing evaluation to enhance Nigeria’s international broadcasting of public diplomacy. This study employed a mixed-methods approach, combining qualitative and quantitative research methods. A content analysis of Nigeria’s international broadcasting content was conducted to assess its themes, narratives, and engagement strategies. Additionally, surveys and interviews with communications professionals, diplomats, and social media users were carried out to gather insights on perceptions and effectiveness of public diplomacy initiatives. It has highlighted some of the present trends in technology and the international environmental in which public diplomacy must work, and show how the past can illuminate the road for those navigating this new world. The rise of the social network creates more opportunities than it closes for public diplomacy. This evolution highlights the increasing importance of engagement, mutual understanding, and cooperation in international relations. By Adopting a more inclusive and participatory approach, public diplomacy can more effectively address global challenges and build stronger, more resilient relationships between nations. As Nigeria navigates the complexities of its international relations, this abstract will provide a vital examination of how it can better utilize the dual platforms of international broadcasting and social media in its public diplomacy efforts. The outcome will bear significance not only for Nigeria but also for other nations grappling with similar challenges in the digital age. As social media continues to play a crucial role in public diplomacy, understanding the dynamics of controlled media outlets becomes ever more critical. This abstract shed light on the advantages and disadvantages of such control, ultimately contributing valuable insights to practitioners in the field of diplomacy as they adapt to the rapidly changing communication landscape.

Keywords: international broadcasting, public diplomacy, social media, international relation, polities

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4505 Competition and Cooperation of Prosumers in Cournot Games with Uncertainty

Authors: Yong-Heng Shi, Peng Hao, Bai-Chen Xie

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Solar prosumers are playing increasingly prominent roles in the power system. However, its uncertainty affects the outcomes and functions of the power market, especially in the asymmetric information environment. Therefore, an important issue is how to take effective measures to reduce the impact of uncertainty on market equilibrium. We propose a two-level stochastic differential game model to explore the Cournot decision problem of prosumers. In particular, we study the impact of punishment and cooperation mechanisms on the efficiency of the Cournot game in which prosumers face uncertainty. The results show that under the penalty mechanism of fixed and variable rates, producers and consumers tend to take conservative actions to hedge risks, and the variable rates mechanism is more reasonable. Compared with non-cooperative situations, prosumers can improve the efficiency of the game through cooperation, which we attribute to the superposition of market power and uncertainty reduction. In addition, the market environment of asymmetric information intensifies the role of uncertainty. It reduces social welfare but increases the income of prosumers. For regulators, promoting alliances is an effective measure to realize the integration, optimization, and stable grid connection of producers and consumers.

Keywords: Cournot games, power market, uncertainty, prosumer cooperation

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4504 Diplomatic Assurances in International Law

Authors: William Thomas Worster

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Diplomatic assurances issued by states declaring that they will not mistreat individuals returned to them occupy a strange middle ground between being legal and non-legal obligations. States assert that they are non-binding, yet at other times that they are binding. However, this assertion may not be the end of the discussion. The International Court of Justice and other tribunals have concluded that similar instruments were binding, states have disagreed that certain similar instruments were binding, and the Vienna Convention on the Law of Treaties and its travaux prépératoires do not appear to contemplate non-binding instruments. This paper is a case study of diplomatic assurances but, by necessity, touches on the delicate question of whether certain texts are treaties, promises, or non-binding political statements. International law, and law in general, requires a binary approach to obligation. All communications must be binding or not, even if the fit is not precise. Through this study, we will find that some of the obligations in certain assurances can be understood as legal and some not. We will attempt to state the current methodology for determining which obligations are legal under the law of treaties and law on binding unilateral promises. The paper begins with some background of the legal environment of diplomatic assurances and their use in cases of expulsion. The paper then turns to discuss the legal nature of diplomatic assurances, proceeding to address various possibilities for legal value as treaties and as binding unilateral statements. This paper will not examine the legal value of diplomatic assurances solely under customary international law other than the way in which customary international law might further refine the treaty definition. In order to identify whether any assurances are contained in legal acts, this study identifies a pool of relevant assurances and qualitatively analyzes whether any of those are contained in treaties or binding unilateral statements. To the author’s best knowledge, this study is the first large-scale, qualitative qualitative analysis of assurances as a group of instruments that accounts for their heterogenous nature. It is also the first study to identify the indicators of whether an instrument is a treaty or promise.

Keywords: diplomatic assurances, deportation, extradition, expulsion, non-refoulement, torture, persecution, death penalty, human rights, memorandum of understanding, promises, secret, monitoring, compliance, enforcement

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4503 Recent Legal Changes in Turkish Commercial Law to Be a Part of International Markets and Their Results

Authors: Ibrahim Arslan

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Since 1984, Turkey has experienced a significant transformation in legal and economic matters. The most consequential examples of this transformation in recent years are the renewal of the Commercial Code and the Check Act. Nowadays, the commercial activity is not limited within the boundaries of the country; on the contrary, as required by the global economy, it has an international dimension. For this reason, unlike some other legal principles, the rules regulating the commercial life should be compatible with the international standards as much as possible. Otherwise the development possibility in the global markets will be limited. The Check Act has been adopted in 2009 and the Commercial Code has been adopted in 2011. The Commercial Code has been entered into force on 1 July 2012. The international dimension of check is in-disputable for it is based on the Geneva Convention. However, the Turkish business life has created a unique application of this legal tool. This application is called “post-date” checks. Indeed the majority of the checks being used in the market are post-dated checks. The holders of these checks have waited the date written on the check for presentation and collection. Thus, the actual situation has occurred. This actual situation has been legitimized via Check Act No. 5941 and post dated checks have gained a legal status. In the preparation of the new the Turkish Commercial Code one of the goals is "to ensure that the Turkish commercial law becomes a part of the international market". To achieve this goal, significant changes have been made especially concerning the independent external audition of the corporations, the board structure and public disclosure regulations. These changes aim to facilitate the internationalization of Turkish corporations as well as intensification of foreign direct investments through foreign capital. Although the target has been determined this way, after the adoption but five days before the entry into force of the Turkish Commercial Code No. 6102, a law made backward going alterations concerning independent external audition and public disclosure regulations. Turkish Commercial Code has been currently in force with its altered status. Both the regulations in the Check Act as well as the changes in the Commercial Code are not compatible with the goals introduced by rationale “to ensure Turkish commercial law to be a part of the international market” as such.

Keywords: Turkish Commercial Code No. 6102, Turkish Check Act, “post-date” checks, legal changes

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4502 Intellectual Property Implications in the Context of Space Exploration with a Special Focus on ESA Rules and Regulations

Authors: Linda Ana Maria Ungureanu

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This article details the manner in which European law establishes the protection and ownership rights over works created in off-world environments or in relation to space exploration. In this sense, the analysis is focused on identifying the legal treatment applicable to creative works based on the provisions regulated under the International Space Treaties, on one side, and the International IP Treaties and subsequent EU legislation, on the other side, with a special interest on ESA Rules and Regulations. Furthermore, the article analyses the manner in which ESA regulates the ownership regime applicable for creative works, taking into account the relationship existing between the inventor/creator and ESA and the environment in which the creative work was developed. Moreover, the article sets a series of de lege ferenda proposals for the regulation of intellectual property matters in the context of space exploration, the main purpose being to identify legal measures and steps that need to be taken in order to ensure that creative activities are fostered and understood as a significant catalyst for encouraging space exploration.

Keywords: intellectual property law, ESA guidelines, international IP treaties, EU legislation

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4501 Community Based Local Economic Development Strategy Using Strategic Asumption Surfacing and Testing and Expoential Rank Method

Authors: Kholil Kholil, Soecahyadi Soecahyadi

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Geographically, Padang Panjang Regency which located in the heart of Western Sumatra has great potentials for the tourism industry. However, these potentials have not been strategically developed for increasing local economic development and people's welfare. The purpose of this research is to design the strategy of sustainable tourism area development using Strategic Assumption Surfacing and Testing (SAST) and Exponential Rank Method (ERM). Result study showed, there are four aspects which importance and certainly for developing tourism area destination in Padang Panjang Regency; (1) tourist information center and promotion, (2) regional cooperation development; (3) minangese center as a center of excellence; and (4) building the center of the public market. To build an attractive tourist area required action plan includes the construction of an information center, center of excellence of minangese, and tourist infrastructure; and public participation is a key success factor for ensuring sustainability of tourism development in Padang Panjang Regency.

Keywords: local economic development, tourism attraction, SAST, ERM

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4500 Ethical Enhancement Strategies for Development of Mass Media Profession Conducted for the Ethical Promotion of Undergraduate Students in Communication Science

Authors: Supranee Wattanasin

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This research study was a qualitative documentary research by using an in-depth interview with many experts in the field who has both knowledge and experience to provide information to create a strategic plan to enhance the students’ ethics. The findings revealed that there were five areas that require an attention. The five areas included honesty, accurate fact, human right, speed, and responsibility. The development of the strategic plan to enhance the ethics for students who major in communication arts can be concluded as follows. First, the government, private, and religion sectors need to come up together and set up the activities to promote the ethical standard in schools, universities, and organizations. Second, it is important to cultivate the knowledge that ethics is important of the professional jobs, especially in the mass communication and media. Third, the Philosophy of Sufficiency Economy should be brought to explain to students in order for them to have some immunity to the negative attitude such as drinking alcohol, gambling, cut classes, and cheating at exams. Fourth, experts in the field of ethics should be found to provide more knowledge to students and allow students to participate in activities that will increase their experience and knowledge of the real world problem.

Keywords: communication arts, ethics, mass communication, media, strategy

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4499 The Ethio-Eritrea Claims Commission on Use of Force: Issue of Self-Defense or Violation of Sovereignty

Authors: Isaias Teklia Berhe

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A decision that deals with international disputes, be it arbitral or judicial, has to properly reflect objectivity and coherence with existing rules of international law. This paper shows the decision of the Ethio-Eritrea Claims Commission on the jus ad bellum case is bereft of objectivity and coherence, which contributed a disservice to international law on many aspects. The Commission’s decision that holds Eritrea in contravention to Art 2(4) of the UN Charter based on Ethiopia’s contention is flawed. It fails to consider: the illegitimacy of an actual authority established over contested territory through hostile acts, the proper determination of effectivites under international law, the sanctity of colonially determined boundaries, Ethiopia’s prior firm political recognition and undergirds to respect colonial boundary, and Ethio-Eritrea Border Commission’s decision. The paper will also argue that the Commission confused Eritrea’s right of self-defense with the rule against the non-use of force to settle territorial disputes; wherefore its decision sanitizes or sterilizes unlawful change of territory resulted through unlawful use of force to the effect of advantaging aggressions. The paper likewise argues that the decision is so sacrilegious that it disregards the ossified legal finality of colonial boundaries. Moreover, its approach toward armed attack does not reflect the peculiarity of the jus ad bellum case rather it brings about definitional uncertainties and sustains the perception that the law on self-defense is unsettled.

Keywords: armed attack, Eritrea, Ethiopia, self-defense, territorial integrity, use of force

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4498 Issues and Challenges for Plantation Agriculture in Cameron Highlands: Interpretations from Socio-Anthropological Viewpoints

Authors: A. H. M. Zehadul Karim

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Cameron Highlands (4°28’N, 101°23’E) is an attractive mountainous region with steep slopes located in the state of Pahang, Malaysia stretching between 1070 and 1830m above sea level with a total land area of 71,218ha. It is one of the few places in Malaysia that has a tropical highland climate as the mean annual temperature of it is 18 °C (64 °F) thus making the atmosphere perfect for specialized agriculture. Being ecologically suitable, Cameron Highlands has recently been identified as a very strategic farming area, producing multifarious vegetables, flowers and tea with a commercial motive of marketing them to Singapore and all over the urban areas of Malaysia to meet the domestic and international demands. The main intricacies of this plantation agriculture are fully dependent on the policies formulated by a group of emerging entrepreneurs who employ foreign labourers to make these agricultural activities a success in the agrarian sector in Malaysia. Based on the socio-anthropological perspective, the paper entirely relies on empirical field data generated by interviewing 10 farm owners and 200 foreign workers to find out the intricacies of this plantation agriculture which makes the research innovative and pragmatically significant. The paper deals with important issues relating to this productive plantation agriculture of Cameron Highlands and as such, narrates the various exceptional and holistic skills adopted for this type of farming.

Keywords: Cameron Highlands Malaysia, plantation agriculture, issues and challenges, mechanisms

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4497 The Status of the Actio Popularis under International Environmental Law in Cases of Damage to Global Commons

Authors: Aimite Jorge, Leenekela Usebiu

Abstract:

In recent years the International Community has seen a rise of what can be termed as ‘actio popularis”;that is to say lawsuits brought by third parties in the interest of the public or the world community as a whole, such as in cases of genocide and terrorism prosecutions under international law. It is equally clear that under current globalized world the effect of multinational activities on the environment is often felt beyond the borders of the territories where they operate. Equally true is the fact that the correspondence of citizens self-determination with national government is increasingly upset by the increasing willingness of states to share some ‘sovereign powers’ in order to address new economic, environmental and security interdependencies. The ‘unbundling’ of functional governance from fixed territories sees continuously citizens give up their formal approval of key decisions in exchange for a more remote, indirect say in supra-national or international decision-making bodies. The efforts to address a growing transnational flow of ecological harm are at the forefront of such indirect transformations, as evidenced by a proliferation of multilateral environmental agreements (MEAs) over the past three decades. However, unlike the defence of the global commons in cases of terrorism and genocide, there is still to be a clear application of action popularis in the case of environment, despite acknowledgement that the effect of the activities of several multinationals on the environment is as destructive to the global commons as genocide or terrorism are. Thus, this paper looking at specific cases of harmful degradation of the environment by certain multinationals transcending national boundaries, argues that it is high-time for a serious consideration of the application of the actio-popularis to environmental concerns. Although it is acknowledged that in international environmental law the challenge to reach a “critical mass” of recognition and support for an ‘actio-popularis’ for environment damage is particularly demanding, it is worth the try.

Keywords: actio popularis in environment law, global commons, transnational environmental damage, law and environment

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4496 Engaging the World Bank: Good Governance and Human Rights-Based Approaches

Authors: Lottie Lane

Abstract:

It is habitually assumed and stated that the World Bank should engage and comply with international human rights standards. However, the basis for holding the Bank to such standards is unclear. Most advocates of the idea invoke aspects of international law to argue that the Bank has existing obligations to act in compliance with human rights standards. The Bank itself, however, does not appear to accept such arguments, despite having endorsed the importance of human rights for a considerable length of time. A substantial challenge is that under the current international human rights law framework, the World Bank is considered a non-state actor, and as such, has no direct human rights obligations. In the absence of clear legal duties for the Bank, it is necessary to look at the tools available beyond the international human rights framework to encourage the Bank to comply with human rights standards. This article critically examines several bases for arguing that the Bank should comply and engage with human rights through its policies and practices. Drawing on the Bank’s own ‘good governance’ approach as well as the United Nations’ ‘human rights-based-approach’ to development, a new basis is suggested. First, the relationship between the World Bank and human rights is examined. Three perspectives are considered: (1) the legal position – what the status of the World Bank is under international human rights law, and whether it can be said to have existing legal human rights obligations; (2) the Bank’s own official position – how the Bank envisages its relationship with and role in the protection of human rights; and (3) the relationship between the Bank’s policies and practices and human rights (including how its attitudes are reflected in its policies and how the Bank’s operations impact human rights enjoyment in practice). Here, the article focuses on two examples – the (revised) 2016 Environmental and Social Safeguard Policies and the 2012 case-study regarding Gambella, Ethiopia. Both examples are widely considered missed opportunities for the Bank to actively engage with human rights. The analysis shows that however much pressure is placed on the Bank to improve its human rights footprint, it is extremely reluctant to do so explicitly, and the legal bases available are insufficient for requiring concrete, ex ante action by the Bank. Instead, the Bank’s own ‘good governance’ approach to development – which it has been advocating since the 1990s – can be relied upon. ‘Good governance’ has been used and applied by many actors in many contexts, receiving numerous different definitions. This article argues that human rights protection can now be considered a crucial component of good governance, at least in the context of development. In doing so, the article explains the relationship and interdependence between the two concepts, and provides three rationales for the Bank to take a ‘human rights-based approach’ to good governance. Ultimately, this article seeks to look beyond international human rights law and take a governance approach to provide a convincing basis upon which to argue that the World Bank should comply with human rights standards.

Keywords: World Bank, international human rights law, good governance, human rights-based approach

Procedia PDF Downloads 362
4495 Experience Level and Adoption of Interpretation Strategies by Iranian Interpreters

Authors: Niloofar Fathizaviyehkord

Abstract:

Just as two hands cannot make a good boxer, knowing two or more languages cannot make a skillful interpreter. Interpreting, either consecutive or simultaneous, is a cognitively demanding task requiring not only linguistic and discourse knowledge but also strategic competence. Moreover, experience level can play a very crucial role in the strategies interpreters may employ since translation and interpretation quality is a matter of experience, besides other factors, as well. With regard to the significance of strategic competence, this study investigated what strategies are mainly employed by interpreters, what strategies are employed more frequently, and whether experience level can affect the choice of strategies by interpreters or not. To collect the necessary data, the first retrospective interviews were held with 20 interpreters experienced more or less in simultaneous and consecutive interpretation to see what strategies other than those classified in the literature are employed by interpreters. Then, several classifications of strategies in literature were merged with those emerging from the retrospective interviews to come up with a comprehensive questionnaire on interpreting strategies. After seeking five experts’ opinions regarding the wording/content of the questionnaire, it was given to 60 interpreters. The statistical analysis of the questionnaire data and experience level through ANOVA showed experience level could affect the choice of strategies. This study closes with the theoretical/practical implications of the findings for interpreter training.

Keywords: experience level, consecutive and simultaneous, interpretation strategies, translation

Procedia PDF Downloads 139
4494 Toward Sustainable Solutions: Indonesia's Humanitarian Approach to the Rohingya Refugee Crisis

Authors: Hengki

Abstract:

This study explores Indonesia's approach to addressing the Rohingya refugee crisis, emphasizing its efforts to balance humanitarian principles with national and regional challenges. Employing a qualitative, normative legal analysis, the research integrates data from government reports, ASEAN and UN documents, and prior studies. Indonesia's strategies include facilitating temporary shelter, promoting education for refugee children, and advancing international cooperation through partnerships with United Nations High Commissioner for Refugees (UNHCR) and International Organization for Migration (IOM). While not a signatory to the 1951 Refugee Convention, Indonesia adheres to the principle of non-refoulement and seeks to address the crisis through its Presidential Regulation No. 125/2016, quiet diplomacy, and ASEAN-led initiatives. Despite these efforts, challenges persist, such as limited legal frameworks, coordination barriers between government levels, and slow regional collaboration. The study underscores the urgency of developing sustainable solutions, including revising domestic policies, enhancing ASEAN's collective response, and aligning with international standards. By addressing these challenges, Indonesia can not only uphold refugee rights but also promote regional stability and human rights values. This research contributes to understanding the complexities of refugee management in Indonesia and offers a foundation for future studies aimed at refining policies and strategies.

Keywords: rohingya refugees, indonesia, humanitarian aid, international collaboration, refugee law

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4493 Computer Based Model for Collaborative Research as a Panacea for National Development in Third World Countries

Authors: M. A. Rahman, A. O. Enikuomehin

Abstract:

Sharing commitment to reach a common goal in research by harnessing available resources from two or more parties can simply be referred to as collaborative research. Asides from avoiding duplication of research, the benefits often accrued from such research alliances include time economy as well as expenses reduction in completing such studies. Likewise, it provides an avenue to produce a wider horizon of scientific knowledge sequel to gathering of skills, knowledge and resources. In institutions of higher learning and research institutes, it often gives scholars an opportunity to strengthen the teaching and research capacity of their various institutions. Between industries and institutions, collaborative research breeds promising relationship that could be geared towards addressing different research problems such as producing and enhancing industrial-based products and services, including technological transfer. For Nigeria to take advantage of this collaboration, different issues like licensing of technology, intellectual property right, confidentiality, and funding among others, which could arise during this collaborative research programme, are identified in this paper. An important tool required to achieve this height in developing economy is the use of appropriate computer model. The paper highlights the costs of the collaborations and likewise stresses the need for evaluating the effectiveness and efficiency of such collaborative research activities and proposes an appropriate computer model to assist in this regard.

Keywords: collaborative research, developing country, computerization, model

Procedia PDF Downloads 333
4492 Strategic Investment in Infrastructure Development to Facilitate Economic Growth in the United States

Authors: Arkaprabha Bhattacharyya, Makarand Hastak

Abstract:

The COVID-19 pandemic is unprecedented in terms of its global reach and economic impacts. Historically, investment in infrastructure development projects has been touted to boost the economic growth of a nation. The State and Local governments responsible for delivering infrastructure assets work under tight budgets. Therefore, it is important to understand which infrastructure projects have the highest potential of boosting economic growth in the post-pandemic era. This paper presents relationships between infrastructure projects and economic growth. Statistical relationships between investment in different types of infrastructure projects (transit, water and wastewater, highways, power, manufacturing etc.) and indicators of economic growth are presented using historic data between 2002 and 2020 from the U.S. Census Bureau and U.S. Bureau of Economic Analysis (BEA). The outcome of the paper is the comparison of statistical correlations between investment in different types of infrastructure projects and indicators of economic growth. The comparison of the statistical correlations is useful in ranking the types of infrastructure projects based on their ability to influence economic prosperity. Therefore, investment in the infrastructures with the higher rank will have a better chance of boosting the economic growth. Once, the ranks are derived, they can be used by the decision-makers in infrastructure investment related decision-making process.

Keywords: economic growth, infrastructure development, infrastructure projects, strategic investment

Procedia PDF Downloads 172
4491 Piracy in Southeast Asian Waters: Problems, Legal Measures and Way Forward

Authors: Ahmad Almaududy Amri

Abstract:

Southeast Asia is considered as an area which is important in terms of piratical studies. There are several reasons to this argument: firstly, it has the second highest figure of piracy attacks in the world from 2008 to 2012. Only the African Region transcends the number of piracies that were committed in Southeast Asia. Secondly, the geographical location of the region is very important to world trade. There are several sea lanes and straits which are normally used for international navigation mainly for trade purposes. In fact, there are six out of 25 busiest ports all over the world located in Southeast Asia. In ancient times, the main drivers of piracy were raiding for plunder and capture of slaves; however, in modern times, developments in politics, economics and even military technology have drastically altered the universal crime of piracy. There are a variety of motives behind modern day piracy including economic gains from receiving ransoms from government or ship companies, political and even terrorist reasons. However, it cannot be denied that piratical attacks persist and continue. States have taken measures both at the international and regional level in order to eradicate piratical attacks. The United Nations Convention on the Law of the Sea and the Convention on the Suppression of Unlawful Act against the Safety of Navigation served as the two main international legal frameworks in combating piracy. At the regional level, Regional Cooperation Agreement against Piracy and Armed Robbery and ASEAN measures are regard as prominent in addressing the piracy problem. This paper will elaborate the problems of piracy in Southeast Asia and examine the adequacy of legal frameworks at both the international and regional levels in order address the current legal measures in combating piracy. Furthermore, it will discuss current challenges in the implementation of anti-piracy measures at the international and regional levels as well as the way forward in addressing the issue.

Keywords: piracy, Southeast Asia, maritime security, legal frameworks

Procedia PDF Downloads 504
4490 The Relationship Between Military Expenditure and International Trade: A Selection of African Countries

Authors: Andre C Jordaan

Abstract:

The end of the Cold War and rivalry between super powers has changed the nature of military build-up in many countries. A call from international institutions like the United Nations, International Monetary Fund and the World Bank to reduce the levels of military expenditure was the order of the day. However, this bid to cut military expenditure has not been forthright. Recently, active armed conflicts occurred in at least 46 states in 2021 with 8 in the Americas, 9 in Asia and Oceania, 3 in Europe, 8 in the Middle East and North Africa and 18 in sub-Saharan Africa. Global military expenditure in 2022 was estimated to be US$2,2 trillion, representing 2.2 per cent of global gross domestic product. Particularly sharp rises in military spending have followed in African countries and the Middle East. Global military expenditure currently follows two divergent trends, either a declining trend in the West caused mainly by austerity, efforts to control budget deficits and the wrapping up of prolonged wars. However, some parts of the world shows an increasing trend on the back of security concerns, geopolitical ambitions and some internal political factors. Conflict related fatalities in sub-Saharan Africa alone increased by 19 per cent between 2020 and 2021. The interaction between military expenditure (read conflict) and international trade is generally the cause of much debate. Some argue that countries’ fear of losing trade opportunities causes political decision makers to refrain from engaging in conflict when important trading partners are involved. However, three main arguments are always present when discussing the relationship between military expenditure or conflicts and international trade: Free trade could promote peaceful cooperation, it could trigger tension between trading blocs and partners, and trade could have no effect because conflict is based on issues that are more important. Military expenditure remains an important element of the overall government expenditure in many African countries. On the other hand, numerous researchers perceive increased international trade to be one of the main factors promoting economic growth in these countries. The purpose of this paper is therefore to determine what effect, if any, exist between the level of military expenditure and international trade within a selection of 19 African countries. Applying an augmented gravity model to explore the relationship between military expenditure and international trade, evidence is found to confirm the existence of an inverse relationship between these two variables. It seems that the results are in line with the Liberal school of thought where trade is seen as an instrument of conflict prevention. Trade is therefore perceived as a symptom of peace and not a cause thereof. In general, conflict or rumors of conflict tend to reduce trade. If conflict did not impede trade, economic agents would be indifferent to risk. Many claim that trade brings peace, however, it seems that it is rather peace that brings trade. From the results, it appears that trade reduces the risk of conflict and that conflict reduces trade.

Keywords: African countries, conflict, international trade, military expenditure

Procedia PDF Downloads 65
4489 Functional Food Industry in Thailand: Perspectives from Government, Education, and Private Sector

Authors: Charintorn Suwannawong, Tananpon Yavilas, Sopida Boonaneksap, Chotika Viriyarattanasak, Chairath Tangduangdee

Abstract:

With increasing aging population and health conscious consumers, the demand for health promoting products such as functional foods, dietary supplements, and nutraceutical products has continuously increased in Thailand. Nevertheless, the strategic framework for regulatory functional food developments in Thailand is still unclear. The objective of this study was to survey stakeholders’ perspectives on three scopes, consisting of 1) the current status 2) obstacles, and 3) future trend for the development and production of functional foods in Thailand. A survey was conducted by interviewing ten experts from governmental organization, industrial sector and academic institute. The obtained results show that there is no established definition for functional foods in Thailand. There is a variety of raw materials that are capable to be potential ingredients for functional food production in Thailand and exported to global market. However, the scaling up technology into a commercial production is limited. Moreover, there is a need to establish the infrastructures, such as testing laboratory, and regulatory standards for quality control and ensuring product safety. This information is useful for government in the development of the strategic framework and policy statement on improvement of functional food industry in Thailand.

Keywords: functional foods, interview, perspective, Thailand

Procedia PDF Downloads 287