Search results for: legal decision making
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 8319

Search results for: legal decision making

7659 Design Intelligence in Garment Design Between Technical Creativity and Artistic Creativity

Authors: Kanwar Varinder Pal Singh

Abstract:

Art is one of the five secondary sciences next to the social sciences. As per the single essential concept in garment design, it is the coexistence and co-creation of two aspects of reality: Ultimate reality and apparent or conventional reality. All phenomena possess two natures: That which is revealed by correct perception and that which is induced by deceptive perception. The object of correct perception is the ultimate reality, the object of deceptive perception is conventional reality. The same phenomenon, therefore, may be perceived according to its ultimate nature or its apparent nature. Ultimate reality is also called ‘emptiness’. Emptiness does not mean that all phenomena are nothing but do not exist in themselves. Although phenomena, the universe, thoughts, beings, time, and so on, seem very real in themselves, ultimately, they are not. Each one of us can perceive the changing and unpredictable nature of existence. This transitory nature of phenomena, impermanence, is the first sign of emptiness. Sometimes, the interdependence of phenomena leads to ultimate reality, which is nothing but emptiness, e.g., a rainbow, which is an effect due to the function of ‘sun rays,’ ‘rain,’ and ‘time.’ In light of the above, to achieve decision-making for the global desirability of garment design, the coexistence of artistic and technical creativity must achieve an object of correct perception, i.e., ultimate reality. This paper mentions the decision-making technique as semiotic engineering, both subjective and objective.

Keywords: global desirability, social desirability, comfort desirability, handle desirability, overall desirability

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7658 Effectiveness of Reinforcement Learning (RL) for Autonomous Energy Management Solutions

Authors: Tesfaye Mengistu

Abstract:

This thesis aims to investigate the effectiveness of Reinforcement Learning (RL) for Autonomous Energy Management solutions. The study explores the potential of Model Free RL approaches, such as Monte Carlo RL and Q-learning, to improve energy management by autonomously adjusting energy management strategies to maximize efficiency. The research investigates the implementation of RL algorithms for optimizing energy consumption in a single-agent environment. The focus is on developing a framework for the implementation of RL algorithms, highlighting the importance of RL for enabling autonomous systems to adapt quickly to changing conditions and make decisions based on previous experiences. Moreover, the paper proposes RL as a novel energy management solution to address nations' CO2 emission goals. Reinforcement learning algorithms are well-suited to solving problems with sequential decision-making patterns and can provide accurate and immediate outputs to ease the planning and decision-making process. This research provides insights into the challenges and opportunities of using RL for energy management solutions and recommends further studies to explore its full potential. In conclusion, this study provides valuable insights into how RL can be used to improve the efficiency of energy management systems and supports the use of RL as a promising approach for developing autonomous energy management solutions in residential buildings.

Keywords: artificial intelligence, reinforcement learning, monte carlo, energy management, CO2 emission

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7657 Sustainable Building Law - The Legal Issues Abound

Authors: Richard J. Sobelsohn

Abstract:

Green Building and Sustainable Development help fight climate change, and protects the ozone, animal habitats, air quality, and ground water. The myriad of reasons to go Green has multiplied to the point that a developer that is building a ground-up or renovating/retrofitting a property has a plethora of choices to get to the green goal post. Sustainability not affects the bottom line but satisfies corporate mandates (ESG), consumer demand, market requirements, and the many laws dictating green building practices. The good news is that there are many paths a property owner can take to become green. The bad news is that there are many paths a property owner can take to become green, and they need to choose which direction to take. Certification of a building used to be the highest achievement in the Green building world. Now there are so many variables and laws with which a property owner must comply, and the legal analysis has mushroomed. Operation and Maintenance have also become one of the most important functions for a prudent Green Building owner. So adding to the “development/retrofit” parties involved in the sustainable building legal world, we now need to include all those people who keep the building green, and there are a lot of them!

Keywords: green building, sustainable development, legal issues, greenwashing, green cleaning, compliance, ESQ

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7656 Unravelling the Procedural Obligations of the Administration in the Case Law of the European Court of Human Rights

Authors: Agne Andrijauskaite

Abstract:

The observance of procedural rights by administrative authorities is essential for the effective implementation of subjective rights and is part and parcel of the notion of good governance. Whilst a lot of legal scholarship addresses the scope and content of such rights under the European Union legal framework, a very limited attention is given to their application in the case law of European Court of Human Rights (ECtHR) despite its growing engagement with the subject. This paper written as a part of a wider project on the development of pan-European principles of good administration by the Council of Europe aims to fill this lacuna. This will be done by delimiting the scope and extent of individual procedural safeguards through an analysis of the practice of the ECtHR. The right to be heard, the right to access the files and the right to a decision in reasonable time by administrative authorities will be selected as loci classici for the purpose of this article. The results presented in the paper should contribute to the awareness of growing body of ECtHR’s case-law revolving around administrative procedural law and the growing debate on the notion of good governance found therein within academic community.

Keywords: European Court of Human Rights, good governance, procedural rights, procedural Law

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7655 Fuzzy Analytic Hierarchy Process for Determination of Supply Chain Performance Evaluation Criteria

Authors: Ibrahim Cil, Onur Kurtcu, H. Ibrahim Demir, Furkan Yener, Yusuf. S. Turkan, Muharrem Unver, Ramazan Evren

Abstract:

Fuzzy AHP (Analytic Hierarchy Process) method is decision-making way at the end of integrating the current AHP method with fuzzy structure. In this study, the processes of production planning, inventory management and purchasing department of a system were analysed and were requested to decide the performance criteria of each area. At this point, the current work processes were analysed by various decision-makers and comparing each criteria by giving points according to 1-9 scale were completed. The criteria were listed in order to their weights by using Fuzzy AHP approach and top three performance criteria of each department were determined. After that, the performance criteria of supply chain consisting of three departments were asked to determine. The processes of each department were compared by decision-makers at the point of building the supply chain performance system and getting the performance criteria. According to the results, the criteria of performance system of supply chain by using Fuzzy AHP were determined for which will be used in the supply chain performance system in the future.

Keywords: AHP, fuzzy, performance evaluation, supply chain

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7654 The Urgenda and Juliana Cases: Redefining the Notion of Environmental Democracy

Authors: Valentina Dotto

Abstract:

Climate change cases used to take the form of statutory disputes rather than constitutional or common law disputes. This changed in 2015, with the Urgenda Climate case in the Netherlands (Urgenda Foundation v. The State of the Netherlands, C/09/456689/HAZA 13-1396) and, the Juliana case in the U.S. (United States v. U.S. District Court for District of Oregon, 17-71692, 9th Cir.). The two cases represent a new type of climate litigation, the claims brought against the federal government were in fact grounded in constitutional rights. The complaints used the Doctrine of Public Trust as a cornerstone for the lawsuits asserting that government's actions against climate change failed to protect essential public trust resources; thus, violating a generation's constitutional rights to life, liberty, and property. The Public Trust Doctrine –a quintessentially American legal concept-, reserved to the States by virtue of the 9th and 10th amendment of the federal Constitution, gives them considerable jurisdiction over natural resources and has been refined by a number of Supreme Court rulings. The Juliana case exemplifies the Doctrine’s evolutionary nature because it attempts to apply it to the federal government, and establish a right to a climate system capable of sustaining human life as a fundamental right protected by a substantive due process. Furthermore, the flexibility of the Doctrine makes it permissible to be applied to a variety of different legal systems as in the Urgenda case. At the very heart of the lawsuits stands the question of who owns the Earth resources and, to what extent the general public can claim the services that the Earth provides as common property. By employing the widest possible definition of the Doctrine of Public Trust these lawsuits tried to redefine environmental resources as a collective right of all people. By doing case analysis, the paper explores how these cases can contribute to widening the public access to information and broadening the public voice in decision making as well as providing a precedent to equal access in seeking justice and redress from environmental failures.

Keywords: climate change, doctrine of public trust, environmental democracy, Juliana case, Urgenda climate case

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7653 For Whom Is Legal Aid: A Critical Analysis of the State-Funded Legal Aid in Criminal Cases in Tajikistan

Authors: Umeda Junaydova

Abstract:

Legal aid is a key element of access to justice. According to UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, state members bear the obligation to put in place accessible, effective, sustainable, and credible legal aid systems. Regarding this obligation, developing countries, such as Tajikistan, faced challenges in terms of financing this system. Thus, many developed nations have launched rule-of-law programs to support these states and ensure access to justice for all. Following independence from the Soviet Union, Tajikistan committed to introducing the rule of law and providing access to justice. This newly established country was weak, and the sudden outbreak of civil war aggravated the situation even more. The country needed external support and opened its door to attract foreign donors to assist it in its way to development. In 2015, Tajikistan, with the financial support of development partners, was able to establish a state-funded legal aid system that provides legal assistance to vulnerable and marginalized populations, including in criminal cases. In the beginning, almost the whole system was financed from donor funds; by that time, the contribution of the government gradually increased, and currently, it covers 80% of the total budget. All these governments' actions toward ensuring access to criminal legal aid for disadvantaged groups look promising; however, the reality is completely different. Currently, not all disadvantaged people are covered by these services, and their cases are most of the time considered without appropriate defense, which leads to violation of fundamental human rights. This research presents a comprehensive exploration of the interplay between donor assistance and the effectiveness of legal aid services in Tajikistan, with a specific focus on criminal cases involving vulnerable groups, such as women and children. In the context of Tajikistan, this study addresses a pressing concern: despite substantial financial support from international donors, state-funded legal aid services often fall short of meeting the needs of poor and vulnerable populations. The study delves into the underlying complexities of this issue and examines the structural, operational, and systemic challenges faced by legal aid providers, shedding light on the factors contributing to the ineffectiveness of legal aid services. Furthermore, it seeks to identify the root causes of these issues, revealing the barriers that hinder the delivery of adequate legal aid services. The research adopts a socio-legal methodology to ensure an appropriate combination of multiple methodologies. The findings of this research hold significant implications for both policymakers and practitioners, offering insights into the enhancement of legal aid services and access to justice for disadvantaged and marginalized populations in Tajikistan. By addressing these pressing questions, this study aims to fill the gap in legal literature and contribute to the development of a more equitable and efficient legal aid system that better serves the needs of the most vulnerable members of society.

Keywords: access to justice, legal aid, rule of law, rights for council

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7652 In-Game Business and the Problem of Gambling: Legal Analysis of Loot Boxes from the Perspective of Iranian Law

Authors: Vesali Naseh Morteza, Najafi Mohammad Hosein

Abstract:

The possibility of trading in-game items for real money provides a high economic capacity for online games and turns them into a business model. Nowadays, the market for in-game item purchases and microtransactions or micropayments has been growing increasingly. Since the market should be legal, lawyers and lawmakers around the world have expressed concerns over the legality of online gaming and in-game transactions. The issue is highlighted by the recent emergence of an in-game business model in the name of loot boxes. Similarities between loot boxes gaming and gambling features activities have started a legal debate as to whether loot boxes constitute a form of gambling or whether the game’s use of loot boxes should be considered gambling. Hence, based on the relationship between loot boxes purchasing and problem gambling, the paper investigates the legal effect of the newly emergent phenomenon of loot boxes on online games from the perspective of Iranian law.

Keywords: serious games, loot boxes, online gambling, in-game purchase, virtual items

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7651 Knowledge Management in the Interactive Portal for Decision Makers on InKOM Example

Authors: K. Marciniak, M. Owoc

Abstract:

Managers as decision-makers present in different sectors should be supported in efficient and more and more sophisticated way. There are huge number of software tools developed for such users starting from simple registering data from business area – typical for operational level of management – up to intelligent techniques with delivering knowledge - for tactical and strategic levels of management. There is a big challenge for software developers to create intelligent management dashboards allowing to support different decisions. In more advanced solutions there is even an option for selection of intelligent techniques useful for managers in particular decision-making phase in order to deliver valid knowledge-base. Such a tool (called Intelligent Dashboard for SME Managers–InKOM) is prepared in the Business Intelligent framework of Teta products. The aim of the paper is to present solutions assumed for InKOM concerning on management of stored knowledge bases offering for business managers. The paper is managed as follows. After short introduction concerning research context the discussed supporting managers via information systems the InKOM platform is presented. In the crucial part of paper a process of knowledge transformation and validation is demonstrated. We will focus on potential and real ways of knowledge-bases acquiring, storing and validation. It allows for formulation conclusions interesting from knowledge engineering point of view.

Keywords: business intelligence, decision support systems, knowledge management, knowledge transformation, knowledge validation, managerial systems

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7650 A Fuzzy Hybrıd Decısıon Support System for Naval Base Place Selectıon in a Foreıgn Country

Authors: Latif Yanar, Muharrem Kaçan

Abstract:

In this study, an Analytic Hierarchy Process and Analytic Network Process Decision Support System (DSS) model for determination of a navy base place in another country is proposed together with a decision support software (DESTEC 1.0) developed using C Sharp programming language. The proposed software also has the ability of performing the fuzzy models (Fuzzy AHP and Fuzzy ANP) of the proposed DSS to cope with the ambiguous and linguistic nature of the model. The AHP and ANP model, for a decision support for selecting the best place among the alternatives, including the criteria and alternatives, is developed and solved by the experts from Turkish Navy and Turkish academicians related to international relations branches of the universities in Turkey. Also, the questionnaires used for weighting of the criteria and the alternatives are filled by these experts.Some of our alternatives are: economic and political stability of the third country, the effect of another super power in that country, historical relations, security in that country, social facilities in the city in which the base will be built, the transportation security and difficulty from a main city that have an airport to the city will have the base etc. Over 20 criteria like these are determined which are categorized in social, political, economic and military aspects. As a result all the criteria and three alternatives are evaluated by different people who have background and experience to weight the criteria and alternatives as it must be in AHP and ANP evaluation system. The alternatives got their degrees all between 0 – 1 and the total is 1. At the end the DSS advices one of the alternatives as the best one to the decision maker according to the developed model and the evaluations of the experts.

Keywords: analytic hierarchical process, analytic network process, fuzzy logic, naval base place selection, multiple criteria decision making

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7649 Financial Risk Tolerance and Its Impact on Terrorism-Tourism Relation in Pakistan

Authors: Sania Sana, Afnan Nasim, Usman Malik, Maroof Tahir

Abstract:

The aim of this research is to scrutinize the interdependent relationship between terrorism and behavioral changes in the tourism activities in Pakistan with the moderating impact of a unique variable titled 'Financial Risk Tolerance'. The article looks at the inter-reliant relationship with the alleged political and economic aspects and behavioral changes in the tourists and the consumers by these variables over time. The researchers used many underlying theories like the catastrophe theory by (Svyantek, Deshon and Siler 1991), information integration theory (Anderson 1981, 1982) and prospect theory (Kahneman and Tversky 1979) to shape the study’s framework as per tourist decision making model. A sample of around 110 locals was used for this purpose and the data was gathered by convenience sampling. The responses were analyzed using regression analysis. The results exhibited how terrorism along with the influence of financial risk tolerance had inclined a behavioral shift in the travelling patterns and vacation destination choice of the local tourists. Lastly, the paper proposes a number of suggestive measures for the tourism industry and the legislative bodies to ensure the safety of travelers and to boost the tourist activities in the vacation industry of Pakistan.

Keywords: terrorism, tourism, financial risk tolerance, tourist decision-making, destination choice

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7648 Marketing Factors Influencing the Decision to Choose Low Cost Airlines

Authors: Noppadol Sritragool

Abstract:

The objectives of this research were to investigate the decision of passengers who choose to fry with low cost airlines and to study marketing factors which have the influence to the decision to choose each low cost airlines. This paper was a quantitative research technique. A total of 400 low cost airlines’ passengers were interviewed via English questionnaire to collect the respondents’ opinions. The findings revealed that respondents were male and female at a similar proportion. The majority had at least an undergraduate degree, have a lower management level jobs, and had income in the range of 25,000 -35,000 baht per month.. In addition, the findings also revealed that the first three marketing factors influencing the decision of the respondents to choose low-cost airlines were low price, direct flight, and online system.

Keywords: decision to choose, marketing factors, low-cost airlines

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7647 Collective Intelligence-Based Early Warning Management for Agriculture

Authors: Jarbas Lopes Cardoso Jr., Frederic Andres, Alexandre Guitton, Asanee Kawtrakul, Silvio E. Barbin

Abstract:

The important objective of the CyberBrain Mass Agriculture Alarm Acquisition and Analysis (CBMa4) project is to minimize the impacts of diseases and disasters on rice cultivation. For example, early detection of insects will reduce the volume of insecticides that is applied to the rice fields through the use of CBMa4 platform. In order to reach this goal, two major factors need to be considered: (1) the social network of smart farmers; and (2) the warning data alarm acquisition and analysis component. This paper outlines the process for collecting the warning and improving the decision-making result to the warning. It involves two sub-processes: the warning collection and the understanding enrichment. Human sensors combine basic suitable data processing techniques in order to extract warning related semantic according to collective intelligence. We identify each warning by a semantic content called 'warncons' with multimedia metaphors and metadata related to these metaphors. It is important to describe the metric to measuring the relation among warncons. With this knowledge, a collective intelligence-based decision-making approach determines the action(s) to be launched regarding one or a set of warncons.

Keywords: agricultural engineering, warning systems, social network services, context awareness

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7646 Mapping the Early History of Common Law Education in England, 1292-1500

Authors: Malcolm Richardson, Gabriele Richardson

Abstract:

This paper illustrates how historical problems can be studied successfully using GIS even in cases in which data, in the modern sense, is fragmentary. The overall problem under investigation is how early (1300-1500) English schools of Common Law moved from apprenticeship training in random individual London inns run in part by clerks of the royal chancery to become what is widely called 'the Third University of England,' a recognized system of independent but connected legal inns. This paper focuses on the preparatory legal inns, called the Inns of Chancery, rather than the senior (and still existing) Inns of Court. The immediate problem studied in this paper is how the junior legal inns were organized, staffed, and located from 1292 to about 1500, and what maps tell us about the role of the chancery clerks as managers of legal inns. The authors first uncovered the names of all chancery clerks of the period, most of them unrecorded in histories, from archival sources in the National Archives, Kew. Then they matched the names with London property leases. Using ArcGIS, the legal inns and their owners were plotted on a series of maps covering the period 1292 to 1500. The results show a distinct pattern of ownership of the legal inns and suggest a narrative that would help explain why the Inns of Chancery became serious centers of learning during the fifteenth century. In brief, lower-ranking chancery clerks, always looking for sources of income, discovered by 1370 that legal inns could be a source of income. Since chancery clerks were intimately involved with writs and other legal forms, and since the chancery itself had a long-standing training system, these clerks opened their own legal inns to train fledgling lawyers, estate managers, and scriveners. The maps clearly show growth patterns of ownership by the chancery clerks for both legal inns and other London properties in the areas of Holborn and The Strand between 1450 and 1417. However, the maps also show that a royal ordinance of 1417 forbidding chancery clerks to live with lawyers, law students, and other non-chancery personnel had an immediate effect, and properties in that area of London leased by chancery clerks simply stop after 1417. The long-term importance of the patterns shown in the maps is that while the presence of chancery clerks in the legal inns likely created a more coherent education system, their removal forced the legal profession, suddenly without a hostelry managerial class, to professionalize the inns and legal education themselves. Given the number and social status of members of the legal inns, the effect on English education was to free legal education from the limits of chancery clerk education (the clerks were not practicing common lawyers) and to enable it to become broader in theory and practice, in fact, a kind of 'finishing school' for the governing (if not noble) class.

Keywords: GIS, law, London, education

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7645 Decision Tree Based Scheduling for Flexible Job Shops with Multiple Process Plans

Authors: H.-H. Doh, J.-M. Yu, Y.-J. Kwon, J.-H. Shin, H.-W. Kim, S.-H. Nam, D.-H. Lee

Abstract:

This paper suggests a decision tree based approach for flexible job shop scheduling with multiple process plans, i. e. each job can be processed through alternative operations, each of which can be processed on alternative machines. The main decision variables are: (a) selecting operation/machine pair; and (b) sequencing the jobs assigned to each machine. As an extension of the priority scheduling approach that selects the best priority rule combination after many simulation runs, this study suggests a decision tree based approach in which a decision tree is used to select a priority rule combination adequate for a specific system state and hence the burdens required for developing simulation models and carrying out simulation runs can be eliminated. The decision tree based scheduling approach consists of construction and scheduling modules. In the construction module, a decision tree is constructed using a four-stage algorithm, and in the scheduling module, a priority rule combination is selected using the decision tree. To show the performance of the decision tree based approach suggested in this study, a case study was done on a flexible job shop with reconfigurable manufacturing cells and a conventional job shop, and the results are reported by comparing it with individual priority rule combinations for the objectives of minimizing total flow time and total tardiness.

Keywords: flexible job shop scheduling, decision tree, priority rules, case study

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7644 Ata-Manobo Tribe as Stakeholders in the Making of School Improvement Plan: Basis for Policy Recommendation

Authors: Diobein C. Flores

Abstract:

The populace in Municipality of Talaingod is composed of Ata-Manobo. The said lumads enrich their culture, orientation and self because the place is a hive of their tribe. In lieu, the study would analyze the participation of the Ata-Manobo in the making of school improvement plan (SIP). Thus, it recommends alternative policy options that would help strengthen their involvement. The school stakeholders-Ata Manobo representatives from students, parent-teacher association, alumni, basic sector, municipal/barangay government unit, civic/social organizations and other government various agencies are the key participants in this study. The research used descriptive design. The responses of the representatives were analyzed through the criteria involved in employing Rational Model. The technical dimension, administrative, political acceptability and economic are the criteria in revealing decision. The policy alternative option 3- recommends to formulate policy for the purpose of capacitating stakeholders or governing council members in the making of SIP was pointed out as the most preferred option. This could strengthen the participation among Ata-Manobo as stakeholders in planning. Hence, the formulation alternative policy- capacitating stakeholders in the crafting of school improvement plan is recommended. The suggested initiative would assist the Department of Education in forging consensus across neighborhoods during the making of SIP. The appropriation of the definite budget to be used during the conduct of capability building activities is also suggested. Training-workshops are identified as possible intervention to ensure that the stakeholders are equipped with necessary knowledge and skills needed in the making of SIP. Indeed, the equal opportunities for all stakeholders regardless of their life circumstances must be noted. With the belief, people must be empowered to take advantage and spearhead progress in the making of SIP.

Keywords: Ata-Manobo Tribe, stakeholders, school improvement plan, Municipality of Talaingod, Philippines

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7643 Evaluating Portfolio Performance by Highlighting Network Property and the Sharpe Ratio in the Stock Market

Authors: Zahra Hatami, Hesham Ali, David Volkman

Abstract:

Selecting a portfolio for investing is a crucial decision for individuals and legal entities. In the last two decades, with economic globalization, a stream of financial innovations has rushed to the aid of financial institutions. The importance of selecting stocks for the portfolio is always a challenging task for investors. This study aims to create a financial network to identify optimal portfolios using network centralities metrics. This research presents a community detection technique of superior stocks that can be described as an optimal stock portfolio to be used by investors. By using the advantages of a network and its property in extracted communities, a group of stocks was selected for each of the various time periods. The performance of the optimal portfolios compared to the famous index. Their Sharpe ratio was calculated in a timely manner to evaluate their profit for making decisions. The analysis shows that the selected potential portfolio from stocks with low centrality measurement can outperform the market; however, they have a lower Sharpe ratio than stocks with high centrality scores. In other words, stocks with low centralities could outperform the S&P500 yet have a lower Sharpe ratio than high central stocks.

Keywords: portfolio management performance, network analysis, centrality measurements, Sharpe ratio

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7642 Biodiversity and Biotechnology: Some Considerations about the International Regulation of Agriculture and the International Legal System on Access to Genetic Resources

Authors: Leandro Moura da Silva

Abstract:

The international community has strived to create legal mechanisms to protect their biodiversity, but this can represent, sometimes, particularly in the case of regulatory regime on access to genetic resources, an excessive nationalism which transforms itself into a significant obstacle to scientific progress causing damages to the country and to local farmers. Although it has been poorly publicized in the media, the international legal system was marked, in 2014, by the entry into force of the Nagoya Protocol, which regulates the access and benefit sharing of genetic resources of the States Party to that legal instrument. However, it’s not reasonable to think of regulating access to genetic resources without reflecting on the links of this important subject with other related issues, such as family farming and agribusiness, food safety, food security, intellectual property rights (on seeds, genetic material, new plant varieties, etc.), environmental sustainability, biodiversity, and biosafety.

Keywords: international law, regulation on agriculture, agronomy techniques, sustainability, genetic resources and new crop varieties, CBD, Nagoya Protocol, ITPGRFA

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7641 Reduction of Process of Evidence in Specific Forms of Criminal Proceeding: Problems and Risks

Authors: Filip Ščerba, Veronika Pochylá

Abstract:

Performing of the acts within criminal proceedings usually takes too long and thus this phenomenon can be regarded as one of the most burning problems which have plagued the criminal justice not only in the Czech Republic but at least all over Europe for the last few decades. This problem obviously has to be dealt with and thus the need to tackle this issue has resulted in the trend which is sometimes called Criminal Justice Rationalization, i.e. introducing and enforcing methods supporting the increase in efficiency of the criminal justice in order to make the criminal proceedings shorter and administrative procedure easier. This resulted in the introduction of institutes such as e.g. diversions in criminal proceedings or other forms of shortened pre-trial proceedings, which may be used primarily for dealing with less serious crimes. But also the institute, which was originally mentioned in connection with the system of criminal law in the countries belonging to the Anglo-Saxon legal order where it is frequently called of plea bargaining, has been introduced into the criminal law of many European countries, and it may be applied also in cases of serious crimes. All these special and shortened forms of criminal proceedings are connected with limited extent of process of evidence; in fact, some of these specific forms of criminal proceedings are designed for the purpose to simplify the process of evidence. That is also the reason, why some of these procedures are conditioned with the defendant’s confession. Main hypothesis: Limited process of evidence represents also a potential conflict with certain fundamental principles upon which the criminal proceeding in the Continental legal system is based. (A conflict with principle of material truth may be considered as the most important problem. This principle states that the bodies in criminal proceedings must clarify the facts of the case beyond reasonable doubt to such extent that a decision can be made; the defendant’s confession does not mean that these bodies are freed from the duty to review all the circumstances and facts of the case. Such principle is typical for criminal law in Central European region.) Basic methodologies: The paper is going to analyze such a problem of weakening of the principle of material truth in modern criminal law. Such analysis will be provided primarily on the base of the Czech criminal law, but also other legal regulations will be taken into consideration, and its result may have some relevance for all legal regulations belonging to the Continental legal system, so the paper offers also a comparison with legal systems of other Central European countries.

Keywords: burden of proof, central European countries, criminal justice rationalization, criminal proceeding, Czech legislation, Czech republic, defendant, diversions, evidence, fundamental principles, plea bargaining, pre-trial proceedings, principle of material truth, process of evidence, process of evidence

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7640 Key Principles and Importance of Applied Geomorphological Maps for Engineering Structure Placement

Authors: Sahar Maleki, Reza Shahbazi, Nayere Sadat Bayat Ghiasi

Abstract:

Applied geomorphological maps are crucial tools in engineering, particularly for the placement of structures. These maps provide precise information about the terrain, including landforms, soil types, and geological features, which are essential for making informed decisions about construction sites. The importance of these maps is evident in risk assessment, as they help identify potential hazards such as landslides, erosion, and flooding, enabling better risk management. Additionally, these maps assist in selecting the most suitable locations for engineering projects. Cost efficiency is another significant benefit, as proper site selection and risk assessment can lead to substantial cost savings by avoiding unsuitable areas and minimizing the need for extensive ground modifications. Ensuring the maps are accurate and up-to-date is crucial for reliable decision-making. Detailed information about various geomorphological features is necessary to provide a comprehensive overview. Integrating geomorphological data with other environmental and engineering data to create a holistic view of the site is one of the most fundamental steps in engineering. In summary, the preparation of applied geomorphological maps is a vital step in the planning and execution of engineering projects, ensuring safety, efficiency, and sustainability. In the Geological Survey of Iran, the preparation of these applied maps has enabled the identification and recognition of areas prone to geological hazards such as landslides, subsidence, earthquakes, and more. Additionally, areas with problematic soils, potential groundwater zones, and safe construction sites are identified and made available to the public.

Keywords: geomorphological maps, geohazards, risk assessment, decision-making

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7639 Integrating Human Preferences into the Automated Decisions of Unmanned Aerial Vehicles

Authors: Arwa Khannoussi, Alexandru-Liviu Olteanu, Pritesh Narayan, Catherine Dezan, Jean-Philippe Diguet, Patrick Meyer, Jacques Petit-Frere

Abstract:

Due to the nature of autonomous Unmanned Aerial Vehicles (UAV) missions, it is important that the decisions of a UAV stay consistent with the priorities of an operator, while at the same time allowing them to be easily audited and explained. We propose a multi-layer decision engine that integrates the operator (human) preferences by using the Multi-Criteria Decision Aiding (MCDA) methods. A software implementation of a UAV simulator and of the decision engine is presented to highlight the advantage of using such techniques on high-level decisions. We demonstrate that, with such a preference-based decision engine, the decisions of the UAV are compatible with the priorities of the operator, which in turn increases her/his confidence in its autonomous behavior.

Keywords: autonomous UAV, multi-criteria decision aiding, multi-layers decision engine, operator's preferences, traceable decisions, UAV simulation

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7638 Simons, Ehrlichs and the Case for Polycentricity – Why Growth-Enthusiasts and Growth-Sceptics Must Embrace Polycentricity

Authors: Justus Enninga

Abstract:

Enthusiasts and skeptics about economic growth have not much in common in their preference for institutional arrangements that solve ecological conflicts. This paper argues that agreement between both opposing schools can be found in the Bloomington Schools’ concept of polycentricity. Growth-enthusiasts who will be referred to as Simons after the economist Julian Simon and growth-skeptics named Ehrlichs after the ecologist Paul R. Ehrlich both profit from a governance structure where many officials and decision structures are assigned limited and relatively autonomous prerogatives to determine, enforce and alter legal relationships. The paper advances this argument in four steps. First, it will provide clarification of what Simons and Ehrlichs mean when they talk about growth and what the arguments for and against growth-enhancing or degrowth policies are for them and for the other site. Secondly, the paper advances the concept of polycentricity as first introduced by Michael Polanyi and later refined to the study of governance by the Bloomington School of institutional analysis around the Nobel Prize laureate Elinor Ostrom. The Bloomington School defines polycentricity as a non-hierarchical, institutional, and cultural framework that makes possible the coexistence of multiple centers of decision making with different objectives and values, that sets the stage for an evolutionary competition between the complementary ideas and methods of those different decision centers. In the third and fourth parts, it is shown how the concept of polycentricity is of crucial importance for growth-enthusiasts and growth-skeptics alike. The shorter third part demonstrates the literature on growth-enhancing policies and argues that large parts of the literature already accept that polycentric forms of governance like markets, the rule of law and federalism are an important part of economic growth. Part four delves into the more nuanced question of how a stagnant steady-state economy or even an economy that de-grows will still find polycentric governance desirable. While the majority of degrowth proposals follow a top-down approach by requiring direct governmental control, a contrasting bottom-up approach is advanced. A decentralized, polycentric approach is desirable because it allows for the utilization of tacit information dispersed in society and an institutionalized discovery process for new solutions to the problem of ecological collective action – no matter whether you belong to the Simons or Ehrlichs in a green political economy.

Keywords: degrowth, green political theory, polycentricity, institutional robustness

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7637 The New Family Law in Kuwait: A Step Towards International Standards

Authors: Dina Hadad

Abstract:

Women empowerment in the Arab world remains a central issue in the context of development and human rights. Akin to many societies around the globe, gender equality is yet to be achieved. This research will provide an introduction into the current legal stand of some Arab countries in terms of gender equality and women rights in the context of family law. It will look specifically into the recent family law in Kuwait and why many women consider it a positive step towards affirming their rights and their needs. Depending on comparative material from the area, the research argues that whilst some countries made efforts to promote women’s empowerment as a concept and practice throughout its policies, others have indeed some unique journeys that reflect organic and from within evolutions. Nonetheless, these efforts are yet to reflect a comprehensive structure that addresses women legal and political empowerment let alone social status. A contradiction in the realities of different Arab states is nothing new since the lack of comprehensive rights-based policy making in Arab countries has contributed to the disconnect between economic growth and development challenges.

Keywords: women empowerment, cultural challenges, gender equality, Islamic law, international standards, family law

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7636 A Review of Urban Placemaking Assessment Frameworks

Authors: Amal Abdou, Yasser ElSayed, Nora Selim

Abstract:

Public urban spaces are an essential component in any urban settlement. They are quite important in enhancing the quality of urban life while offering social, health, environmental and economic benefits to a city and its residents. Place-making assessment of public urban spaces has been one of the major guiding principles for urban planning and policymaking, of which the definition and evaluation have become the crucial research topic. It is increasingly being essential to mitigate the undesirable impacts of urbanization in cities while improving public urban space’s resilience to environmental, social, and economic changes. Globally, several place-making assessment tools (PATs) have been developed to make such informed decision-making. They act as a catalyst to increase market demand for sustainable products and services by providing a mechanism for recognizing excellence. Assessing how placemaking can positively contribute to urban environments is critical to inform both the continued development of the place and the way placemaking is done as a practice. Therefore, this study aims to review different themes for assessing urban placemaking in public urban spaces.

Keywords: urban placemaking, public urban spaces, placemaking assessment, literature review

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7635 Breast Cancer Risk is Predicted Using Fuzzy Logic in MATLAB Environment

Authors: S. Valarmathi, P. B. Harathi, R. Sridhar, S. Balasubramanian

Abstract:

Machine learning tools in medical diagnosis is increasing due to the improved effectiveness of classification and recognition systems to help medical experts in diagnosing breast cancer. In this study, ID3 chooses the splitting attribute with the highest gain in information, where gain is defined as the difference between before the split versus after the split. It is applied for age, location, taluk, stage, year, period, martial status, treatment, heredity, sex, and habitat against Very Serious (VS), Very Serious Moderate (VSM), Serious (S) and Not Serious (NS) to calculate the gain of information. The ranked histogram gives the gain of each field for the breast cancer data. The doctors use TNM staging which will decide the risk level of the breast cancer and play an important decision making field in fuzzy logic for perception based measurement. Spatial risk area (taluk) of the breast cancer is calculated. Result clearly states that Coimbatore (North and South) was found to be risk region to the breast cancer than other areas at 20% criteria. Weighted value of taluk was compared with criterion value and integrated with Map Object to visualize the results. ID3 algorithm shows the high breast cancer risk regions in the study area. The study has outlined, discussed and resolved the algorithms, techniques / methods adopted through soft computing methodology like ID3 algorithm for prognostic decision making in the seriousness of the breast cancer.

Keywords: ID3 algorithm, breast cancer, fuzzy logic, MATLAB

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7634 Literature Review and Approach for the Use of Digital Factory Models in an Augmented Reality Application for Decision Making in Restructuring Processes

Authors: Rene Hellmuth, Jorg Frohnmayer

Abstract:

The requirements of the factory planning and the building concerned have changed in the last years. Factory planning has the task of designing products, plants, processes, organization, areas, and the building of a factory. Regular restructuring gains more importance in order to maintain the competitiveness of a factory. Even today, the methods and process models used in factory planning are predominantly based on the classical planning principles of Schmigalla, Aggteleky and Kettner, which, however, are not specifically designed for reorganization. In addition, they are designed for a largely static environmental situation and a manageable planning complexity as well as for medium to long-term planning cycles with a low variability of the factory. Existing approaches already regard factory planning as a continuous process that makes it possible to react quickly to adaptation requirements. However, digital factory models are not yet used as a source of information for building data. Approaches which consider building information modeling (BIM) or digital factory models in general either do not refer to factory conversions or do not yet go beyond a concept. This deficit can be further substantiated. A method for factory conversion planning using a current digital building model is lacking. A corresponding approach must take into account both the existing approaches to factory planning and the use of digital factory models in practice. A literature review will be conducted first. In it, approaches to classic factory planning and approaches to conversion planning are examined. In addition, it will be investigated which approaches already contain digital factory models. In the second step, an approach is presented how digital factory models based on building information modeling can be used as a basis for augmented reality tablet applications. This application is suitable for construction sites and provides information on the costs and time required for conversion variants. Thus a fast decision making is supported. In summary, the paper provides an overview of existing factory planning approaches and critically examines the use of digital tools. Based on this preliminary work, an approach is presented, which suggests the sensible use of digital factory models for decision support in the case of conversion variants of the factory building. The augmented reality application is designed to summarize the most important information for decision-makers during a reconstruction process.

Keywords: augmented reality, digital factory model, factory planning, restructuring

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7633 Autonomic Sonar Sensor Fault Manager for Mobile Robots

Authors: Martin Doran, Roy Sterritt, George Wilkie

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NASA, ESA, and NSSC space agencies have plans to put planetary rovers on Mars in 2020. For these future planetary rovers to succeed, they will heavily depend on sensors to detect obstacles. This will also become of vital importance in the future, if rovers become less dependent on commands received from earth-based control and more dependent on self-configuration and self-decision making. These planetary rovers will face harsh environments and the possibility of hardware failure is high, as seen in missions from the past. In this paper, we focus on using Autonomic principles where self-healing, self-optimization, and self-adaption are explored using the MAPE-K model and expanding this model to encapsulate the attributes such as Awareness, Analysis, and Adjustment (AAA-3). In the experimentation, a Pioneer P3-DX research robot is used to simulate a planetary rover. The sonar sensors on the P3-DX robot are used to simulate the sensors on a planetary rover (even though in reality, sonar sensors cannot operate in a vacuum). Experiments using the P3-DX robot focus on how our software system can be adapted with the loss of sonar sensor functionality. The autonomic manager system is responsible for the decision making on how to make use of remaining ‘enabled’ sonars sensors to compensate for those sonar sensors that are ‘disabled’. The key to this research is that the robot can still detect objects even with reduced sonar sensor capability.

Keywords: autonomic, self-adaption, self-healing, self-optimization

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7632 Marosok Tradition in the Process of Buying and Selling Cattle in Payakumbuh: A Comparative Study between Adat Law and Positive Law of Indonesia

Authors: Mhd. Zakiul Fikri, M. Agus Maulidi

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Indonesia is a constitutional state. As the constitutional state, Indonesia is not only using a single legal system, but also adopting three legal systems consist of: The European continental legal system or positive law of Indonesia, adat law system, and legal system of religion. This study will discuss Marosok tradition in the process of buying and selling cattle in Payakumbuh: a comparative study between adat law and positive law of Indonesia. The objectives of this research are: First, to find the meaning of the philosophical of Marosok tradition in Payakumbuh. Second, to find the legal implications of the Marosok tradition reviewed aspects of adat law and positive law of Indonesia. Third, to find legal procedure in arbitrating the dispute wich is potentially appear in the post-process of buying and selling cattle based on positive law and adat law adopted in Indonesia. This research is empirical legal research that using two model approaches which are statute approach and conceptual approach. Data was obtained through interviews, observations, and documents or books. Then a method of data analysis used is inductive analysis. Finally, this study found that: First, tradition of Marosok contains the meaning of harmonization of social life that keep people from negative debate, envy, and arrogant. Second, Marosok tradition is one of the adat law in Indonesia; it is one of contract law in the process of buying and selling. If the comparison between the practice Marosok tradition as adat law with the provisions of Article 1320 book of civil code about the terms of the validity of a contract, the elements contained in the provisions of these regulations are met in practice Marosok. Thus, the practice of Marosok in buying and selling cattle process in Payakumbuh justified in view of the positive law of Indonesia. Last of all, all kinds of disputes arising due to contracts made by Marosok tradition can be resolved by positive law and adat law of Indonesia.

Keywords: Adat law, contract, Indonesia, Marosok

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7631 A Bayesian Classification System for Facilitating an Institutional Risk Profile Definition

Authors: Roman Graf, Sergiu Gordea, Heather M. Ryan

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This paper presents an approach for easy creation and classification of institutional risk profiles supporting endangerment analysis of file formats. The main contribution of this work is the employment of data mining techniques to support set up of the most important risk factors. Subsequently, risk profiles employ risk factors classifier and associated configurations to support digital preservation experts with a semi-automatic estimation of endangerment group for file format risk profiles. Our goal is to make use of an expert knowledge base, accuired through a digital preservation survey in order to detect preservation risks for a particular institution. Another contribution is support for visualisation of risk factors for a requried dimension for analysis. Using the naive Bayes method, the decision support system recommends to an expert the matching risk profile group for the previously selected institutional risk profile. The proposed methods improve the visibility of risk factor values and the quality of a digital preservation process. The presented approach is designed to facilitate decision making for the preservation of digital content in libraries and archives using domain expert knowledge and values of file format risk profiles. To facilitate decision-making, the aggregated information about the risk factors is presented as a multidimensional vector. The goal is to visualise particular dimensions of this vector for analysis by an expert and to define its profile group. The sample risk profile calculation and the visualisation of some risk factor dimensions is presented in the evaluation section.

Keywords: linked open data, information integration, digital libraries, data mining

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7630 Probing Environmental Sustainability via Brownfield Remediation: A Framework to Manage Brownfields in Ethiopia Lesson to Africa

Authors: Mikiale Gebreslase Gebremariam, Chai Huaqi, Tesfay Gebretsdkan Gebremichael, Dawit Nega Bekele

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In recent years, brownfield redevelopment projects (BRPs) have contributed to the overarching paradigm of the United Nations 2030 agendas. In the present circumstance, most developed nations adopted BRPs, an efficacious urban policy tool. However, in developing and some advanced countries, BRPs are lacking due to limitations of awareness, policy tools, and financial capability for cleaning up brownfield sites. For example, the growth and development of Ethiopian cities were achieved at the cost of poor urban planning, including no community consultations and excessive urbanization for future growth. The demand for land resources is more and more urgent as the result of an intermigration to major cities and towns for socio-economic reasons and population growth. In the past, the development mode of spreading major cities has made horizontal urbanizations stretching outwards. Expansion in search of more land resources, while the outer cities are growing, the inner cities are polluted by environmental pollution. It is noteworthy that the rapid development of cities has not brought about an increase in people's happiness index. Thus, the proposed management framework for managing brownfields in Ethiopia as a lesson to the developing nation facing similar challenges and growth will add immense value in solving the problems and give insights into brownfield land utilization. Under the umbrella of the grey incidence decision-making model and with the consideration of multiple stakeholders and tight environmental and economic constraints, the proposed management framework integrates different criteria from economic, social, environmental, technical, and risk aspects into the grey incidence decision-making model and gives useful guidance to manage brownfields in Ethiopia. Furthermore, it will contribute to the future development of the social economy and the missions of the 2030 UN sustainable development goals.

Keywords: Brownfields, environmental sustainability, Ethiopia, grey-incidence decision-making, sustainable urban development

Procedia PDF Downloads 91