Search results for: western legal systems
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 11875

Search results for: western legal systems

11185 Cybercrime: International Police Cooperation with Europol

Authors: Daniel Suarez Alonso

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Cybercrime is a growing international threat and a challenge for law enforcement agencies and judicial systems worldwide. International cooperation is necessary to solve this problem because cybercrime knows no borders and often involves multiple jurisdictions, being related to organised crime. The purpose of this article is to analyse international cooperation in the investigation and prosecution of cybercrime, focusing on the framework of the Regulation of the European Union Agency for Law Enforcement Cooperation (EUROPOL), cooperation that takes place between police authorities from different countries. It examines the legal and operational mechanisms in place to facilitate international cooperation in Europe in this area and assesses their effectiveness in the fight against cybercrime. In addition, the study of a Spanish investigation where cooperation with EUROPOL took place will be examined, analyzing how international cooperation was carried out to investigate and track down criminals. Lessons learned from this case will be discussed and recommendations for improving international cooperation in the fight against cybercrime will be proposed.

Keywords: Europol, international cooperation, cybercrime, computer crime, law

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11184 Policy Implications of Cashless Banking on Nigeria’s Economy

Authors: Oluwabiyi Adeola Ayodele

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This study analysed the Policy and general issues that have arisen over time in Nigeria’ Cashless banking environment as a result of the lack of a Legal framework on Electronic banking in Nigeria. It undertook an in-depth study of the cashless banking system. It discussed the evolution, growth and development of cashless banking in Nigeria; It revealed the expected benefits of the cashless banking system; It appraised regulatory issues and other prevalent problems on cashless banking in Nigeria; and made appropriate recommendations where necessary. The study relied on primary and secondary sources of information. The primary sources included the Constitution of the Federal Republic of Nigeria, Statutes, Conventions and Judicial decisions, while the secondary sources included Books, Journals Articles, Newspapers and Internet Materials. The study revealed that cashless banking has been adopted in Nigeria but still at the developing stage. It revealed that there is no law for the regulation of cashless banking in Nigeria, what Nigeria relies on for regulation is the Central Bank of Nigeria’s Cashless Policy, 2014. The Banks and Other Financial Institutions Act Chapter B3, LFN, 2004 of Nigeria lack provision to accommodate issues on Internet banking. However, under the general principles of legality in criminal law, and by the provisions of the Nigerian Constitution, a person can only be punished for conducts that have been defined to be criminal by written laws with the penalties specifically stated in the law. Although Nigeria has potent laws for the regulation of paper banking, these laws cannot be substituted for paperless transactions. This is because the issues involved in both transactions vary. The study also revealed that the absence of law in the cashless banking environment in Nigeria will subject consumers to endless risks. This study revealed that the creation of banking markets via the Internet relies on both available technologies and appropriate laws and regulations. It revealed however that Law of some of the countries considered on cashless banking has taken care of most of the legal issues and other problems prevalent in the cashless banking environment. The study also revealed some other problems prevalent in the Nigerian cashless banking environment. The study concluded that for Nigeria to find solutions to the legal issues raised in its cashless banking environment and other problems of cashless banking, it should have a viable legal Frame work for internet banking. The study concluded that the Central Bank of Nigeria’s Policy on Cashless banking is not potent enough to tackle the challenges posed to cashless banking in Nigeria because policies only have a persuasive effect and not a binding effect. There is, therefore, a need for appropriate Laws for the regulation of cashless Banking in Nigeria. The study also concluded that there is a need to create more awareness of the system among Nigerians and solve infrastructural problems like prevalent power outage which often have been creating internet network problem.

Keywords: cashless-banking, Nigeria, policies, laws

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11183 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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11182 Dynamic Analysis of Differential Systems with Infinite Memory and Damping

Authors: Kun-Peng Jin, Jin Liang, Ti-Jun Xiao

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In this work, we are concerned with the dynamic behaviors of solutions to some coupled systems with infinite memory, which consist of two partial differential equations where only one partial differential equation has damping. Such coupled systems are good mathematical models to describe the deformation and stress characteristics of some viscoelastic materials affected by temperature change, external forces, and other factors. By using the theory of operator semigroups, we give wellposedness results for the Cauchy problem for these coupled systems. Then, with the help of some auxiliary functions and lemmas, which are specially designed for overcoming difficulties in the proof, we show that the solutions of the coupled systems decay to zero in a strong way under a few basic conditions. The results in this dynamic analysis of coupled systems are generalizations of many existing results.

Keywords: dynamic analysis, coupled system, infinite memory, damping.

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11181 Challenges and Success Factors in Introducing Information Systems for Students' Online Registration

Authors: Stanley Fore, Sharon Chipeperekwa

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The start of the 2011 academic year in South Africa saw a number of Institutions of Higher Learning introducing online registration for their students. The efficiency and effectiveness of Information Systems are increasingly becoming a necessity and not an option for many organizations. An information system should be able to allow end users to access information easily and navigate with ease. The selected University of Technology (UoT) in this research is one of the largest public institution of higher learning in the Western Cape Province and boasts of an enrolment of more than 30000 students per academic year. An observation was made that, during registration students’ stand in long queues waiting to register or for assistance to register. The system tends to ‘freeze’ whilst students are registering and students are in most cases unfamiliar with the system interface. They constantly have to enquire what to do next when going through online registration process. A mixed method approach will be adopted which comprises of quantitative and qualitative approaches. The study uses constructs of the updated DeLone and McLean IS success model (2003) to analyse and explain the student’s perceptions of the online registration system. The research was undertaken to establish the student’s perceptions of the online registration system. This research seeks to identify and analyse the challenges and success factors of introducing an online registration system whilst highlighting the extent to which this system has been able to solve the numerous problems associated with the manual era. The study will assist management and those responsible for managing the current system to determine how well the system is working or not working to achieve user satisfaction. It will also assist them going forward on what to consider before, during and after implementation of an information system. Respondents will be informed of the objectives of the research, and their consent to participate will be sought. Ethical considerations that will be applied to this study include; informed consent and protection from harm, right to privacy and involvement of the research.

Keywords: online registration, information systems, University of Technology, end-users

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11180 East West Discourse: An Esoteric Comparison of the Western Philosophy and the Eastern Vedanta

Authors: Chandrabati Chakraborty

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The progressive emergence, in the course of the evolution of life, mind and personality, requires us to assume a creative Principle operating timeless Reality in the temporal. The difference between Western philosophy and that of India, concerns the origin and the purpose of the philosophical enquiry. While the former wonders at the external world, the latter is awareness of perennial suffering associated with human existence. The present world suffers from a basic form of rootlessness,reflecting many psychological, philosophical studies. Alienation,a major theme of human condition in the contemporary epoch has emerged as natural consequences of existential predicament. As Edmund Fuller also observes that individuals suffer not only from famine, ruin or even war but also from devastating inner problems, which are that of estrangement, hopelessness and utter despair. This existentialism is thus considered by Jean Wahl as the “Philosophies of existence”.The post world war scenario well analyses the chaos,annihilation,frustration and anguished estrangement. In such conditions when the West cries out , “What is there?I know first of all that I am.But who am I?.....I am sepeated.What I am seperated from I cannot name it. But I am seperated.”(Dostoevsky:The Confession), Vedantic philosophy looks upon the Pilgrim’s Progress of Humanity as being essentially one,operationg squarely within the bounds of reality, reflecting a basic human experience, outbraving indecorous dictims that have failed to give due honour to human beings,echoing for centuries the Sanskrit slokas with ultimate certitude: II Esa Atma samaha plusina samo masakena samo nagena sama ebhis tribhir lokaih.....sama nena sarvena II (The Atman (Divine Soul) is the same in the ant, the same in the gnat, the same in the elephant, the same in these three worlds....the same in the whole Universe). The present paper aims at a comparative study of cultural and philosophical expression taking into view extensive illustrations from Western Philosophers and The Vedantic,Upanishadic lores of Indian philosophy.

Keywords: existentialism, Vedanta, philosophy, absurdism

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11179 Engaging the World Bank: Good Governance and Human Rights-Based Approaches

Authors: Lottie Lane

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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

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11178 Bioclimatic Niches of Endangered Garcinia indica Species on the Western Ghats: Predicting Habitat Suitability under Current and Future Climate

Authors: Malay K. Pramanik

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In recent years, climate change has become a major threat and has been widely documented in the geographic distribution of many plant species. However, the impacts of climate change on the distribution of ecologically vulnerable medicinal species remain largely unknown. The identification of a suitable habitat for a species under climate change scenario is a significant step towards the mitigation of biodiversity decline. The study, therefore, aims to predict the impact of current, and future climatic scenarios on the distribution of the threatened Garcinia indica across the northern Western Ghats using Maximum Entropy (MaxEnt) modelling. The future projections were made for the year 2050 and 2070 with all Representative Concentration Pathways (RCPs) scenario (2.6, 4.5, 6.0, and 8.5) using 56 species occurrence data, and 19 bioclimatic predictors from the BCC-CSM1.1 model of the Intergovernmental Panel for Climate Change’s (IPCC) 5th assessment. The bioclimatic variables were minimised to a smaller number of variables after a multicollinearity test, and their contributions were assessed using jackknife test. The AUC value of 0.956 ± 0.023 indicates that the model performs with excellent accuracy. The study identified that temperature seasonality (39.5 ± 3.1%), isothermality (19.2 ± 1.6%), and annual precipitation (12.7 ± 1.7%) would be the major influencing variables in the current and future distribution. The model predicted 10.5% (19318.7 sq. km) of the study area as moderately to very highly suitable, while 82.60% (151904 sq. km) of the study area was identified as ‘unsuitable’ or ‘very low suitable’. Our predictions of climate change impact on habitat suitability suggest that there will be a drastic reduction in the suitability by 5.29% and 5.69% under RCP 8.5 for 2050 and 2070, respectively. Finally, the results signify that the model might be an effective tool for biodiversity protection, ecosystem management, and species re-habitation planning under future climate change scenarios.

Keywords: Garcinia Indica, maximum entropy modelling, climate change, MaxEnt, Western Ghats, medicinal plants

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11177 From Restraint to Obligation: The Protection of the Environment in Times of Armed Conflict

Authors: Aaron Walayat

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Protection of the environment in international law has been one of the most developed in the context of international humanitarian law. This paper examines the history of the protection of the environment in times of armed conflict, beginning with the traditional notion of restraint observed in antiquity towards the obligation to protect the environment, examining the treaties and agreements, both binding and non-binding which have contributed to environmental protection in war. The paper begins with a discussion of the ancient concept of restraint. This section examines the social norms in favor of protection of the environment as observed in the Bible, Greco-Roman mythology, and even more contemporary literature. The study of the traditional rejection of total war establishes the social foundation on which the current legal regime has stemmed. The paper then studies the principle of restraint as codified in international humanitarian law. It mainly examines Additional Protocol I of the Geneva Convention of 1949 and existing international law concerning civilian objects and the principles of international humanitarian law in the classification between civilian objects and military objectives. The paper then explores the environment’s classification as both a military objective and as a civilian object as well as explores arguments in favor of the classification of the whole environment as a civilian object. The paper will then discuss the current legal regime surrounding the protection of the environment, discussing some declarations and conventions including the 1868 Declaration of St. Petersburg, the 1907 Hague Convention No. IV, the Geneva Conventions, and the 1976 Environmental Modification Convention. The paper concludes with the outline noting the movement from codification of the principles of restraint into the various treaties, agreements, and declarations of the current regime of international humanitarian law. This paper provides an analysis of the history and significance of the relationship between international humanitarian law as a major contributor to the growing field of international environmental law.

Keywords: armed conflict, environment, legal regime, restraint

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11176 Migratory Trajectory of Transnational Street Beggars in South Western, Nigeria

Authors: Usman Adekunle Ojedokun, Adeyinka Abideen Aderinto

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Migration remains an important course of action often resort-to by human and some other classes of animal for survival in the face of life-threatening conditions. However, the activity of certain group of immigrants, who are exploiting the socio-economic and environmental challenges in their home countries to conduct street begging across different countries in Africa, is fast becoming a major cause for concern. This paper examined the migratory trajectory of transnational street beggars in South Western, Nigeria. Strain and Migration Network Theories were adopted for the study. The methods of data collection were survey questionnaire, in-depth interview, and key informant interview. Convenience and purposive sampling techniques were employed for the selection of 395 transnational street beggars and 4 key informants were purposively chosen. Findings revealed that transnational street beggars immigrated into Nigeria all year round and all of them came by road. Also, while some of them entered the country officially, others gained entry illegally. The majority (29.3%) arrived through Sokoto, a border State to some neighbouring countries. This study calls for more security measures at the Nigerian borders as a way of controlling the influx of this category of beggars into the country.

Keywords: transnational street beggars, street begging, migration, Nigeria

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11175 Jurisdictional Problem of International Criminal Court over National of Non-Parties: A Legal Analysis in the Light of Rome Statute

Authors: Nour Mohammad

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The concept of International Criminal Court is not a new idea.It goes back to the late 19th century and was first mooted in 1872 by Gustave Moynier of the International Commitee of the Red Cross(ICRC). This paper attempts to focus on jurisdictional problem of the international criminal court (ICC) over national of states of non parties to the Rome statute. Mor than 120 countries are state parties to the Rome Statute representing all regions, Afria, the Asia-pacofoc Eastern Europe, Latin America and the Caribben as well as Western Europe and North America.The Statute is the core document of internationa criminal law todaycontaining 128 Articles and divided in 13 parts.The Rome Statute provides that the court may sit elsewhere the judge consider it desirable.The International Criminal Court is not in a position to adjudicate all international crimes but its jurisdiction is limited to the four categories of crime viz. genocide, crimes against humanity, war crimes and crime of aggression as stipulated in Article 5 of the ICC Statute. It also mention here that the Court will be able to exercise its jurisdiction over the crime of aggression only when this crime is defined. Due to the highly political nature of this crime, it is unlikely that a consensus in this regard would be arrived at in the near future.The main point of this article is to discuss the mandate of international criminal court to prosecute and punish persons responsible for the henious crimes of concern to the international community.The author highlighted the principles which support the delegation of criminal jurisdiction by state to international tribunals and discuss the precedents of such delegation.It also argued that the exercise of ICC jurisdiction over acts done pursuant to the officially policy of non-party state would not be contrary to the principles requiring consent for the exercise of jurisdiction by international tribunals. The article explore the limit to jurisdiction of ICC over non-party nationals.

Keywords: jurisdiction, international, criminal, court, non-parties

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11174 Evaluation Rabbit Serum of the Immunodominant Proteins of Mycobacterium avium Paratuberculosis Extracts

Authors: Maryam Hashemi, Nematollah Razmi, Rasool Madani

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M. paratuberculosis is a slow growing mycobactin dependent mycobacterial species known to be the causative agent of Johne’s disease in all species of domestic ruminants worldwide. JD is characterized by gradual weight loss; decreased milk production. Excretion of the organism may occur for prolonged periods (1 to 2.5 years) before the onset of clinical disease. In recent years, researchers focus on identification a specific antigen of MAP to use in diagnosis test and preparation of effective vaccine. In this paper, for production of polyclonal antibody against proteins of Mycobacterium avium paratuberculosis cell wall a rabbit immunization at a certain time period with antigen. After immunization of the animal, blood samples were collected from the rabbit for producing enriched serum. Antibodies were purified with ion exchange chromatography. For exact measurement of interaction, western blotting test was used and as it is demonstrated in the study, sharp bands appear in nitrocellulose paper and specific bands were 50 and 150 KD molecular weight. These were indicating immunodominant proteins.

Keywords: immunodominant, paratuberculosis, Western blotting, cell wall proteins, protein purification

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11173 Assessment of Sustainable Sanitation Systems: Urban Slums

Authors: Ali Hamza, Bertug Akintug

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Having an appropriate plan of sanitation systems is one of the critical issues for global urban slums. Poor sanitation systems in urban slums outcomes an enhanced vulnerability of severe diseases, low hygiene and environmental risks within our environment. Mentioning human excreta being one of the most highly risked pollutants among all the other major contributors of sanitation pollutants is increasing public health risks and amounts of pollution loads within the slum environment. Higher population growth, urge of urbanization and illegal status of urban slums makes it impossible to increase the level of performance of sanitation systems in urban slums. According to Sustainable Sanitation Alliance, design parameters for sanitation systems were set up to ensure sustainable environment. This paper reviews the characteristics of human excreta at present, treatment technologies, and procedures of processes that can be adopted feasibly in the urban slums. Keeping these factors as our significant concern of study, assessment of sustainable sanitation systems is done using sanitation chain concept in accordance to the pre-determined sustainability indicators and criteria which reflect the potential and feasible application of waterless sanitation systems bringing sustainable sanitation systems in urban slums.

Keywords: human excreta, sanitation chain, sustainable sanitation systems, urban slums

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11172 The Exploration of Preschool Teachers' Understanding of the Role of Socio-Emotional Development in School Readiness

Authors: A. Pedro, T. Goldschmidt

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Socio-emotional development is considered to be an essential prerequisite for school readiness. To our best knowledge, research on socio-emotional development specifically from the views of teachers in the South African context is limited. This study explored preschool teachers’ understanding of the role that socio-emotional development plays in preparing the child for school. Using the social learning theory, a qualitative approach with an exploratory design was used for the study. A total of 12 preschool teachers from both community-based and school-based preschools were purposively recruited. Upon receiving ethics clearance from the University of the Western Cape and the Western Cape Education Department, semi-structured interviews were conducted and analysed by utilizing Braun and Clarke’s (2006) six phases of thematic analysis. Participants’ rights, anonymity, and confidentiality were upheld throughout the research process. Findings reveal that preschool teachers emphasise the importance of holistic development for school readiness. Teachers deemed socio-emotional development as absolutely crucial for preparing children for school as it eases the transition to formal schooling and adaptation to the classroom environment.

Keywords: early childhood, preschool teachers, school readiness, socio-emotional development

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11171 The Study of Ecological Seabirds in Algeria

Authors: A. Baaloudj, F. Samraoui, B. Samraoui

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We have been studied the reproductive ecology and dispersal of Yellow-legged Gull Larus michahellis for three years 2009-2011. The study of the breeding ecology of the species was undertaken at the Srigina Island (Skikda). The mean clutch size was 2.64±0.62, 2.49±0.72 and 2.37±0.77eggsin the three study years 2009-2011 respectively. Hatching success was similar for the first two years of study (53% in 2009and 54% in 2010) but significantly lower in the third year (27% in 2011). The same trend was found for the fledging success, it was 33% and 32% in 2009and 2010respectivelyandonly 14% in 2011. Cannibalism and predation by cats were the two likely causes of low reproductive success in the third year. Regarding the species dispersal, we started a banding program of the yellow-legged gulls Larus michahellis michahellis in 2009, the first scheme of its kind in North Africa. Banding of chicks was initiated at Skikda and extended, a year later, to four other colonies located along the Algerian coast. Preliminary analysis of ringed yellow-legged gulls from Algerian colonies indicates that juveniles dispersed in a north-westerly direction to the Balearic Sea, the Bay of Biscay, the Alboran Sea and the western Atlantic coast from the Bay of Cadiz to the Galician shores. Preliminary data suggested two distinct routes: gulls from the eastern North African colonies moved N/NW to eastern Spain and overland to the Bay of Biscay, a pattern of dispersal previously reported for birds from Spanish and French western Mediterranean colonies. Juveniles from western colonies seemed also to move N/NW to the Alboran Sea and the Bay of Cadiz. In Spain, where most of the dispersal took place, data suggested that Algerian gulls occupied coastal areas which are used as aestivating refuges before returning to North Africa in late autumn and winter.

Keywords: breeding ecology, population dynamic, dispersal, yellow-legged gull larus michahellis, sea bird, banding scheme, Srigina, Algeria

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11170 Multishape Task Scheduling Algorithms for Real Time Micro-Controller Based Application

Authors: Ankur Jain, W. Wilfred Godfrey

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Embedded systems are usually microcontroller-based systems that represent a class of reliable and dependable dedicated computer systems designed for specific purposes. Micro-controllers are used in most electronic devices in an endless variety of ways. Some micro-controller-based embedded systems are required to respond to external events in the shortest possible time and such systems are known as real-time embedded systems. So in multitasking system there is a need of task Scheduling,there are various scheduling algorithms like Fixed priority Scheduling(FPS),Earliest deadline first(EDF), Rate Monotonic(RM), Deadline Monotonic(DM),etc have been researched. In this Report various conventional algorithms have been reviewed and analyzed, these algorithms consists of single shape task, A new Multishape scheduling algorithms has been proposed and implemented and analyzed.

Keywords: dm, edf, embedded systems, fixed priority, microcontroller, rtos, rm, scheduling algorithms

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11169 The Forensic Swing of Things: The Current Legal and Technical Challenges of IoT Forensics

Authors: Pantaleon Lutta, Mohamed Sedky, Mohamed Hassan

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The inability of organizations to put in place management control measures for Internet of Things (IoT) complexities persists to be a risk concern. Policy makers have been left to scamper in finding measures to combat these security and privacy concerns. IoT forensics is a cumbersome process as there is no standardization of the IoT products, no or limited historical data are stored on the devices. This paper highlights why IoT forensics is a unique adventure and brought out the legal challenges encountered in the investigation process. A quadrant model is presented to study the conflicting aspects in IoT forensics. The model analyses the effectiveness of forensic investigation process versus the admissibility of the evidence integrity; taking into account the user privacy and the providers’ compliance with the laws and regulations. Our analysis concludes that a semi-automated forensic process using machine learning, could eliminate the human factor from the profiling and surveillance processes, and hence resolves the issues of data protection (privacy and confidentiality).

Keywords: cloud forensics, data protection Laws, GDPR, IoT forensics, machine Learning

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11168 The New Family Law in Kuwait: A Step Towards International Standards

Authors: Dina Hadad

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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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11167 The Impact of Constitutional and Legal Provisions on the Indian Women’s Status in 21st Century

Authors: Mamta Chandrashekhar

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Women’s participation in mainstream political and social activity has important implications for the broader arena of governance in any country. This research work will highlights some of the key issues that concerned with the impact of constitutional & Legal provision on the Indian women Status in present century. The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women. In recent years, the empowerment of women has been recognized as the central issue in determining the status of women. The main objective of this research is to analyzed the status of Indian women and the existing wide gap between the goals enunciated in the Constitution, legislation, policies, plans, programmes, and related mechanisms on the one hand and the situational reality of the status of women in India, This work encourage and inspire to women empowerment, will be beneficial to build a well-organized ideal society through Gender Equality and Development & Peace in the 21st century.

Keywords: awareness, constitution, development, empowerment

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11166 The Urgenda and Juliana Cases: Redefining the Notion of Environmental Democracy

Authors: Valentina Dotto

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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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11165 The Case for Reparations: Systemic Injustice and Human Rights in the United States

Authors: Journey Whitfield

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This study investigates the United States' ongoing violation of Black Americans' fundamental human rights, as evidenced by mass incarceration, social injustice, and economic deprivation. It argues that the U.S. contravenes Article 9 of the International Covenant on Civil and Political Rights through policies that uphold systemic racism. The analysis dissects current practices within the criminal justice system, social welfare programs, and economic policy, uncovering the racially disparate impacts of seemingly race-neutral policies. This study establishes a clear lineage between past systems of oppression – slavery and Jim Crow – and present-day racial disparities, demonstrating their inextricable link. The thesis proposes that only a comprehensive reparations program for Black Americans can begin to redress these systemic injustices. This program must transcend mere financial compensation, demanding structural reforms within U.S. institutions to dismantle systemic racism and promote transformative justice. This study explores potential forms of reparations, drawing upon historical precedents, comparative case studies from other nations, and contemporary debates within political philosophy and legal studies. The research employs both qualitative and quantitative methods. Qualitative methods include historical analysis of legal frameworks and policy documents, as well as discourse analysis of political rhetoric. Quantitative methods involve statistical analysis of socioeconomic data and criminal justice outcomes to expose racial disparities. This study makes a significant contribution to the existing literature on reparations, human rights, and racial injustice in the United States. It offers a rigorous analysis of the enduring consequences of historical oppression and advocates for bold, justice-centered solutions.

Keywords: Black Americans, reparations, mass incarceration, racial injustice, human rights, united states

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11164 Land Lots and Shannon-Winner Index in Sarpolzahab Agro Ecosystems-Western Iran

Authors: Ashkan Asgari, Korous Khoshbakht, Saeid Soufizadeh

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Various factors including land lots can affect biodiversity indices in Agricultural systems. Field study conducted to evaluate factors affecting crop diversity in Sarpolzahab in 2012. Required data were collected through direct observation of farms and filling questionnaires. Total numbers of 140 questionnaires were filled, SAS Software was used to analyse data and Ecological Methodology Program was applied to calculate Shannon-Winner index, subsequently. Results of study indicated that average number of land lots for each farmer was 2.78 and various from 2.2 in Rikhak Olia Village to 4.31 in Golam Kaboud Olia Village which shows small size of land lots due to separating larger lots by children of deceased farmers. The correlation between number of land lots and species biodiversity (0.308**) was significant and Shannon-Winner index was (0.262**). Therefore, according to the mentioned results one can assume that increase in number of land lots results in improving of the target index. Multiple land lots allow farmers to cultivate various crops which results in increasing biodiversity of crops in agro ecosystem. Subsequently, this increase will facilitate economic sustainability of the farmers and distribution of work force in the region throughout the year. The correlation of seasonal workers with biodiversity of crop species (0.256**) and Shannon-Winner (0.286**) was statistically significant and increasing number of seasonal work forces had resulted in improving crop biodiversity and decreasing dominant species or single crop farming systems. Vegetable farms which have a significant diversity, require a significant number of work forces which describes correlation between number of workers and diversity of species.

Keywords: agricultural systems, biodiversity indices, Shannon-Winner index, sustainability, rural

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11163 A Comparative Analysis of Green Buildings Rating Systems

Authors: Shadi Motamedighazvini, Roohollah Taherkhani, Mahdi Mahdikhani, Najme Hashempour

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Nowadays, green building rating systems are an inevitable necessity for managing environmental considerations to achieve green buildings. The aim of this paper is to deliver a detailed recognition of what has been the focus of green building policymakers around the world; It is important to conduct this study in a way that can provide a context for researchers who intend to establish or upgrade existing rating systems. In this paper, fifteen rating systems including four worldwide well-known plus eleven local rating systems which have been selected based on the answers to the questionnaires were examined. Their similarities and differences in mandatory and prerequisite clauses, highest and lowest scores for each criterion, the most frequent criteria, and most frequent sub-criteria are determined. The research findings indicated that although the criteria of energy, water, indoor quality (except Homestar), site and materials (except GRIHA) were common core criteria for all rating systems, their sub-criteria were different. This research, as a roadmap, eliminates the lack of a comprehensive reference that encompasses the key criteria of different rating systems. It shows the local systems need to be revised to be more comprehensive and adaptable to their own country’s conditions such as climate.

Keywords: environmental assessment, green buildings, green building criteria, green building rating systems, sustainability, rating tools

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11162 Coordinated Community Response to Intimate Partner Violence on College Campuses

Authors: Robert D. Hanser, Gina M. Hanser

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This paper provides an overview of Coordinated Community Response Teams (CCRT) to Intimate Partner Violence (IPV). The CCRT, as a partnership and collaborative effort between multiple agencies is highlighted. This paper is a legal analysis that showcases new legislation and legal requirements in the United States for investigating, processing, and reporting to acts of victimization have transformed the role of the university’s CCRT on campus, making its mission all the more important, both internal and external to the campus. As a specific example, discussion of the CCRT in Northeast Louisiana at the University of Louisiana at Monroe is provided as an example of involvement in this initiative, where federal grant funding has allowed a micro version of the region’s CCRT to be implemented on that campus. Simultaneously, university personnel also work with external agencies throughout the community in intimate partner violence response. Amidst this, the result is a genuine partnership between practitioners and researchers who work together to provide public awareness, prevention, first-responder, and intervention services in a comprehensive manner throughout Northeast Louisiana.

Keywords: interperaonal violence, sexual assault, dating violence, campus violence

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11161 A Temporal Analysis on the Legal Status of the Turkish Straits in the Scope of National and International Legislation

Authors: Gizem Kodak, Birsen Koldemir

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The Turkish Straits are at the crossroads of Europe and Asia continents and are unique waterways connecting the Black Sea countries to the rest of the world. Because of the geostrategic value of the location, passage of trade and war ships through the Turkish Straits has become a vital attraction and importance for the great powers and the riparian states throughout the history. This study contains a temporal analysis of the legal measures implemented in the Turkish Straits System. In this context, the historical alternation of the Turkish Straits has been examined, taking into account the relevant national and international regulations. In other words, relevant national and international regulations have been examined in this study according to historical time schedules. Parallel to the main concept mentioned above, the first chapter focuses on international regulations. These arrangements are organized according to date order and in three subheadings: Sèvres Treaty (1920), Lausanne Treaty (1923) and Montreux Convention (1936). Another topic, the national regulations, has been examined under five subheadings. These; (1982), Port Regulations of Canakkale (1982), Marine Traffic Regulations of the Turkish Straits and Marmara Region (1994) and Maritime Traffic Regulations for the Turkish Straits (1998). In doing so, the aim was to identify the differences in legal arrangements throughout the time regarding the navigation through the Turkish Straits. The current situation of the Turkish Straits has been presented in detail in the last part of the work, taking Montreux Convention into consideration. In this context, the articles of the Convention which regulate the passage of trade vessels have been examined from two perspectives; Peace time and war time. As for the measures that can be implemented in time of war, three options put forward depending on Turkey's stance: ‘Turkey not being belligerent’, ‘Turkey being belligerent’ and ‘situation in which Turkey considers herself threatened with imminent danger of war’.

Keywords: temporal analysis, maritime law, Turkish straits, maritime accidents

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11160 Constraints Women Academician's Participation at Administrative Positions in Higher Education of Developing Countries

Authors: Bahieh Mohajeri, Mohamad Sharif Mustaf, Mahani Mokhtar

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Purpose: This paper attempts to set the stage for the exploration of female participation in administrative positions within non-western countries by reviewing the studies on female in administrative positions within non-western countries and suggesting guidelines for future studies in this area in developing countries. Methodology: The paper is based on a systematic review of papers that have been published in journals. Findings: The review focuses on constraints to female’s participation in higher education of developing countries (e.g. strong family responsibility, low levels of women faculty members, social values and gendered cultural factors). Practical Implications: Further guidelines for future examination of this field of study are suggested (e.g. adopting a different theoretical view).Value: The article is an initial attempt to gather knowledge about constraints of female administrators in higher education of developing countries. The subject has received less attention in studies on administration and gender. In addition, the article provides suggestions for future studies in order to understand women administrators’ experiences in different educational and cultural settings.

Keywords: administrative position, female administrator, developing countries, participation

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11159 Systems Engineering Management Using Transdisciplinary Quality System Development Lifecycle Model

Authors: Mohamed Asaad Abdelrazek, Amir Taher El-Sheikh, M. Zayan, A.M. Elhady

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The successful realization of complex systems is dependent not only on the technology issues and the process for implementing them, but on the management issues as well. Managing the systems development lifecycle requires technical management. Systems engineering management is the technical management. Systems engineering management is accomplished by incorporating many activities. The three major activities are development phasing, systems engineering process and lifecycle integration. Systems engineering management activities are performed across the system development lifecycle. Due to the ever-increasing complexity of systems as well the difficulty of managing and tracking the development activities, new ways to achieve systems engineering management activities are required. This paper presents a systematic approach used as a design management tool applied across systems engineering management roles. In this approach, Transdisciplinary System Development Lifecycle (TSDL) Model has been modified and integrated with Quality Function Deployment. Hereinafter, the name of the systematic approach is the Transdisciplinary Quality System Development Lifecycle (TQSDL) Model. The QFD translates the voice of customers (VOC) into measurable technical characteristics. The modified TSDL model is based on Axiomatic Design developed by Suh which is applicable to all designs: products, processes, systems and organizations. The TQSDL model aims to provide a robust structure and systematic thinking to support the implementation of systems engineering management roles. This approach ensures that the customer requirements are fulfilled as well as satisfies all the systems engineering manager roles and activities.

Keywords: axiomatic design, quality function deployment, systems engineering management, system development lifecycle

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11158 Application of Customer Relationship Management Systems in Business: Challenges and Opportunities

Authors: K. Liagkouras, K. Metaxiotis

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Customer relationship management (CRM) systems in business are a reality of the contemporary business world for the last decade or so. Still, there are grey areas regarding the successful implementation and operation of CRM systems in business. This paper, through the systematic study of the CRM implementation paradigm, attempts to identify the most important challenges and opportunities that the CRM systems face in a rapidly changing business world.

Keywords: customer relationship management, CRM, business, literature review

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11157 Using the Semantic Web Technologies to Bring Adaptability in E-Learning Systems

Authors: Fatima Faiza Ahmed, Syed Farrukh Hussain

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The last few decades have seen a large proportion of our population bending towards e-learning technologies, starting from learning tools used in primary and elementary schools to competency based e-learning systems specifically designed for applications like finance and marketing. The huge diversity in this crowd brings about a large number of challenges for the designers of these e-learning systems, one of which is the adaptability of such systems. This paper focuses on adaptability in the learning material in an e-learning course and how artificial intelligence and the semantic web can be used as an effective tool for this purpose. The study proved that the semantic web, still a hot topic in the area of computer science can prove to be a powerful tool in designing and implementing adaptable e-learning systems.

Keywords: adaptable e-learning, HTMLParser, information extraction, semantic web

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11156 Constitution and Self-Consciousness in Hegel's Philosophy

Authors: Akbar Jamali

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According to Hegel’s philosophy, constitution of any given nation is the best expression of its national Self-Consciousness. Since constitution is the place in which freedom and Universal Rights is expressed, and since the essence of Self-consciousness is freedom, the development of self-consciousness and consequently freedom, is the direct cause of the development of constitution. Self-consciousness develops in the human history according to its own internal and external dialectic; therefore, it is essentially a dynamic phenomenon. However, constitution is supposed to be a stable foundation for the legal system of state and society. Therefore, the dilemma is: how the dynamic and contradictory nature of Self-Consciousness is the foundation of constitution that supposed to be the stable base of legal system of state and society. According to Hegel’s philosophy, the contradiction between the dynamic self- consciousness and the static constitution and state has an essential role in the formation of social movements within any given state. Self-consciousness is the phenomenology of Spirit in the human history. Subjective Spirit expresses itself in the different shapes of Self-consciousness in human spirit. These different shapes of self-consciousness must be identical with its contradiction; Objective Spirit. State is the highest form of the objective Spirit. Therefore, state and its foundation namely ‘constitution’ must be identical with Self-consciousness. "Spirit cannot remain forever alienated from its expression." Hegel states. Self-consciousness is the Subjective Spirit, it freely develops according to its internal and external contradictions, but since it must be always identical with its expression namely constitution, its development results to alienation. They way by which self-consciousness became again identical with the constitution determines the nature of legal and political development of any given society and state. In the democratic states, self-consciousness shows itself partially in the public opinion. In the process of election, this public opinion changes the ruling parties that construct the government. In democracies, self-consciousness or subjective spirit is in a dialectical relationship with state or the Objective Spirit. Therefore, it cannot remain alienated with its expression that is political system and its constitution. But, in the autocracies Self-consciousness cannot easily express itself in the government and its constitution. More Self-consciousness develops more it becomes alienated with its expression that is the state and its constitution. Rebel and revolution are the symptom of alienation of Spirit (self-consciousness) with its expression (state and its constitution).

Keywords: alienation, constitution, self-consciousness, spirit

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