Search results for: conflict of laws
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1766

Search results for: conflict of laws

1046 The Law of Treaties and National Security of Islamic Republic of Iran

Authors: S. M. Tavakoli Sani, M. Sabbet Moghadam, Y. Khorram Farhadi, Iraj Rezayi Nejad

Abstract:

The concept of national security in Iran is a permanently effective factor in acceptance or rejection of many international obligations. These obligations had been defined according to the type of legislation of Iran in many aspects. Therefore, there are several treaties at international level which requires Iran’s security to come in contact with obligations in these treaties in a way that an obstacle to join to them and their passage in parliament. This issue is a typical category which every country pays attention to be accepted in treaties or to include their national security in that treaties and also they can see the related treaties from this perspective, but this issue that 'what is the concept of Iran’s national security', and 'To what extent it is changed in recent years, especially after Islamic Revolution' are important issues that can be criticized. Thus, this study is trying to assess singed treaties from the perspective of Iran’s national security according of the true meaning of treaty and to investigate how the international treaties may be in conflict with Iran’s national security.

Keywords: treaties, national security, Iran, Islamic Revolution

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1045 The Ordinary Way of the Appeal in Penalty Part

Authors: Abdelkadir Elhaouari

Abstract:

The priciest thing in human life since his birth is his freedom, basing on this idea, the conflict exists till now, the fight against oppression, injustice, tyranny and slavery, searching for freedom and political resistances, and this makes the freedom is deeply related to the defense for its existence all over years. This project attempts using any way to preserve this freedom, and building and maintaining bases and rules to organize this life. Appeal is a one of the most important method that human uses to protect his freedom, and we will mention in this thesis our attempt to clarify this aspect to the individual. We can say that the law does not know just one color or one logic, and is not based on one rule to be taken by heart, but the law is neutrality, the diversity, abstraction and diligence diversity. The penal law is a valued law and it deserves to be studied and searched more… so that to attempt to master it. Our thesis is just a brief explanation of an important point in this law, where we attempt to clarify and simplify the image to the normal person, so that he can preserve his rights, and we hope that we had succeeded to choose the right topic for that.

Keywords: appeal, penalization, judgement, criminal

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1044 Personal Data Protection: A Legal Framework for Health Law in Turkey

Authors: Veli Durmus, Mert Uydaci

Abstract:

Every patient who needs to get a medical treatment should share health-related personal data with healthcare providers. Therefore, personal health data plays an important role to make health decisions and identify health threats during every encounter between a patient and caregivers. In other words, health data can be defined as privacy and sensitive information which is protected by various health laws and regulations. In many cases, the data are an outcome of the confidential relationship between patients and their healthcare providers. Globally, almost all nations have own laws, regulations or rules in order to protect personal data. There is a variety of instruments that allow authorities to use the health data or to set the barriers data sharing across international borders. For instance, Directive 95/46/EC of the European Union (EU) (also known as EU Data Protection Directive) establishes harmonized rules in European borders. In addition, the General Data Protection Regulation (GDPR) will set further common principles in 2018. Because of close policy relationship with EU, this study provides not only information on regulations, directives but also how they play a role during the legislative process in Turkey. Even if the decision is controversial, the Board has recently stated that private or public healthcare institutions are responsible for the patient call system, for doctors to call people waiting outside a consultation room, to prevent unlawful processing of personal data and unlawful access to personal data during the treatment. In Turkey, vast majority private and public health organizations provide a service that ensures personal data (i.e. patient’s name and ID number) to call the patient. According to the Board’s decision, hospital or other healthcare institutions are obliged to take all necessary administrative precautions and provide technical support to protect patient privacy. However, this application does not effectively and efficiently performing in most health services. For this reason, it is important to draw a legal framework of personal health data by stating what is the main purpose of this regulation and how to deal with complicated issues on personal health data in Turkey. The research is descriptive on data protection law for health care setting in Turkey. Primary as well as secondary data has been used for the study. The primary data includes the information collected under current national and international regulations or law. Secondary data include publications, books, journals, empirical legal studies. Consequently, privacy and data protection regimes in health law show there are some obligations, principles and procedures which shall be binding upon natural or legal persons who process health-related personal data. A comparative approach presents there are significant differences in some EU member states due to different legal competencies, policies, and cultural factors. This selected study provides theoretical and practitioner implications by highlighting the need to illustrate the relationship between privacy and confidentiality in Personal Data Protection in Health Law. Furthermore, this paper would help to define the legal framework for the health law case studies on data protection and privacy.

Keywords: data protection, personal data, privacy, healthcare, health law

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1043 Public Participation and Decision-Making towards Planning Legislation: A Case for GCC Countries

Authors: Saad Saeed Althiabi

Abstract:

There is great progress in formulating and executing legislative policies in GCC, however, the public participation in formulating and in major decision making still remains weak. Drawing attention on the international law of public participation in construction and natural resource management, this paper aims in creating a feasible legislative framework for extensive public participation in the industries such as construction and oil and gas decision-making that GCC can implement. This paper would address the conflicts associated with the management and creation of legislation and ensuring public participation for the creation of a practical framework. A feasible legislative framework must take into account the various factors that shape the effectiveness of participation and the elements that promote the objectives of participation. It is premised on the ground that viewing to international prescriptions might help to reveal gaps in domestic laws, as well as alternatives to overcome them.

Keywords: legislative policies, public participation, planning legislation, GCC countries, international law

Procedia PDF Downloads 536
1042 Strengthening Legal Protection of Personal Data through Technical Protection Regulation in Line with Human Rights

Authors: Tomy Prihananto, Damar Apri Sudarmadi

Abstract:

Indonesia recognizes the right to privacy as a human right. Indonesia provides legal protection against data management activities because the protection of personal data is a part of human rights. This paper aims to describe the arrangement of data management and data management in Indonesia. This paper is a descriptive research with qualitative approach and collecting data from literature study. Results of this paper are comprehensive arrangement of data that have been set up as a technical requirement of data protection by encryption methods. Arrangements on encryption and protection of personal data are mutually reinforcing arrangements in the protection of personal data. Indonesia has two important and immediately enacted laws that provide protection for the privacy of information that is part of human rights.

Keywords: Indonesia, protection, personal data, privacy, human rights, encryption

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1041 Design of a Sliding Mode Control Using Nonlinear Sliding Surface and Nonlinear Observer Applied to the Trirotor Mini-Aircraft

Authors: Samir Zeghlache, Abderrahmen Bouguerra, Kamel Kara, Djamel Saigaa

Abstract:

The control of the trirotor helicopter includes nonlinearities, uncertainties and external perturbations that should be considered in the design of control laws. This paper presents a control strategy for an underactuated six degrees of freedom (6 DOF) trirotor helicopter, based on the coupling of the fuzzy logic control and sliding mode control (SMC). The main purpose of this work is to eliminate the chattering phenomenon. To achieve our purpose we have used a fuzzy logic control to generate the hitting control signal, also the non linear observer is then synthesized in order to estimate the unmeasured states. Finally simulation results are included to indicate the trirotor UAV with the proposed controller can greatly alleviate the chattering effect and remain robust to the external disturbances.

Keywords: fuzzy sliding mode control, trirotor helicopter, dynamic modelling, underactuated systems

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1040 The History and Plausible Future of Assistive Technology and What It Might Mean for Singapore Students With Disabilities

Authors: Thomas Chong, Irene Victor

Abstract:

This paper discusses the history and plausible future of assistive technology and what it means for students with disabilities in Singapore, a country known for its high quality of education in the world. Over more than a century, students with disabilities have benefitted from relatively low-tech assistive technology (like eye-glasses, Braille, magnifiers and wheelchairs) to high-tech assistive technology including electronic mobility switches, alternative keyboards, computer-screen enlargers, text-to-speech readers, electronic sign-language dictionaries and signing avatars for individuals with hearing impairments. Driven by legislation, the use of assistive technology in many countries is becoming so ubiquitous that more and more students with disabilities are able to perform as well as if not better than their counterparts. Yet in many other learning environments where assistive technology is not affordable or mandated, the learning gaps can be quite significant. Without stronger legislation, Singapore may still have a long way to go in levelling the playing field for its students with disabilities.

Keywords: assistive technology, students with disabilities, disability laws in Singapore, inclusiveness

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1039 Batman Forever: The Economics of Overlapping Rights

Authors: Franziska Kaiser, Alexander Cuntz

Abstract:

When copyrighted comic characters are also protected under trademark laws, intellectual property (IP) rights can overlap. Arguably, registering a trademark can increase transaction costs for cross-media uses of characters, or it can favor advertise across a number of sales channels. In an application to book, movie, and video game publishing industries, we thus ask how creative reuse is affected in situations of overlapping rights and whether ‘fuzzy boundaries’ of right frameworks are, in fact, enhancing or decreasing content sales. We use a major U.S. Supreme Court decision as a quasi-natural experiment to apply an IV estimation in our analysis. We find that overlapping rights frameworks negatively affect creative reuses. At large, when copyright-protected comic characters are additionally registered as U.S. trademarks, they are less often reprinted and enter fewer video game productions while generating less revenue from game sales.

Keywords: copyright, fictional characters, trademark, reuse

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1038 Picture of the World by the Second Law of Thermodynamic

Authors: Igor V. Kuzminov

Abstract:

According to its content, the proposed article is a collection of articles with comments and additions. All articles, in one way or another, have a connection with the Second Law of Thermodynamics. The content of the articles is given in a concise form. The articles were published in different journals at different times. Main topics are presented: gravity, biography of the Earth, physics of global warming-cooling cycles, multiverse. The articles are based on the laws of classical physics. Along the way, it should be noted that the Second Law of thermodynamics can be formulated as the Law of Matter Cooling. As it cools down, the processes of condensation, separation, and changes in the aggregate states of matter occur. In accordance with these changes, a picture of the world is being formed. Also, the main driving force of these processes is the inverse temperature dependence of the forces of gravity. As matter cools, the forces of gravity increase. The actions of these phenomena in the compartment form a picture of the world.

Keywords: gravitational forces, cooling of matter, inverse temperature dependence of gravitational forces, planetary model of the atom

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1037 From Protector to Violator: Assessing State's Role in Protecting Freedom of Religion in Indonesia

Authors: Manotar Tampubolon

Abstract:

Indonesia is a country that upholds the law, human rights and religious freedom. The freedom that implied in various laws and constitution (Undang-undang 1945) is not necessarily applicable in practice of religious life. In one side, the state has a duty as protector and guarantor of freedom, on the other side, however, it turns into one of the actors of freedom violations of religion minority. State action that interferes freedom of religion is done in various ways both intentionally or negligently or not to perform its obligations in the enforcement of human rights (human rights due diligence). Besides the state, non-state actors such as religious organizations, individuals also become violators of the rights of religious freedom. This article will discuss two fundamental issues that interfere freedom of religion in Indonesia after democratic era. In addition, this article also discusses a comprehensive state policy that discriminates minority religions to manifest their faith.

Keywords: religious freedom, constitution, minority faith, state actor

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1036 Defending Indigenous Working Urban Spaces Trough Visual Activism in Quito

Authors: Katherine Anson

Abstract:

This paper takes a closer look at the use of day-to-day informal working practices in Latin American spatial, cultural activism against gentrification. Through a discursive analysis of the Ecuadorian communally made film documentary San Roque: A House for All (2015), and the study of the political conflict around the gentrification of the place, the essay illustrates how the purposeful showcase of indigenous uses of space claims ownership over the city’s downtown area. This argument concludes that by making visible everyday indigenous ways of production in relation to space, the video contests the neoliberalist aim to proletarianize the urban poor, and therefore, to transform them into a landless group. This approach demonstrates that through representations of their own cultural working practices grassroots organizations consciously deconstruct/contest the capitalist urbanization of space.

Keywords: cultural activism, gentrification, indigenous working traditions, neoliberalism, urban displacement, everyday forms of resistance

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1035 Pioneering Conservation of Aquatic Ecosystems under Australian Law

Authors: Gina M. Newton

Abstract:

Australia’s Environment Protection and Biodiversity Conservation Act (EPBC Act) is the premiere, national law under which species and 'ecological communities' (i.e., like ecosystems) can be formally recognised and 'listed' as threatened across all jurisdictions. The listing process involves assessment against a range of criteria (similar to the IUCN process) to demonstrate conservation status (i.e., vulnerable, endangered, critically endangered, etc.) based on the best available science. Over the past decade in Australia, there’s been a transition from almost solely terrestrial to the first aquatic threatened ecological community (TEC or ecosystem) listings (e.g., River Murray, Macquarie Marshes, Coastal Saltmarsh, Salt-wedge Estuaries). All constitute large areas, with some including multiple state jurisdictions. Development of these conservation and listing advices has enabled, for the first time, a more forensic analysis of three key factors across a range of aquatic and coastal ecosystems: -the contribution of invasive species to conservation status, -how to demonstrate and attribute decline in 'ecological integrity' to conservation status, and, -identification of related priority conservation actions for management. There is increasing global recognition of the disproportionate degree of biodiversity loss within aquatic ecosystems. In Australia, legislative protection at Commonwealth or State levels remains one of the strongest conservation measures. Such laws have associated compliance mechanisms for breaches to the protected status. They also trigger the need for environment impact statements during applications for major developments (which may be denied). However, not all jurisdictions have such laws in place. There remains much opposition to the listing of freshwater systems – for example, the River Murray (Australia's largest river) and Macquarie Marshes (an internationally significant wetland) were both disallowed by parliament four months after formal listing. This was mainly due to a change of government, dissent from a major industry sector, and a 'loophole' in the law. In Australia, at least in the immediate to medium-term time frames, invasive species (aliens, native pests, pathogens, etc.) appear to be the number one biotic threat to the biodiversity and ecological function and integrity of our aquatic ecosystems. Consequently, this should be considered a current priority for research, conservation, and management actions. Another key outcome from this analysis was the recognition that drawing together multiple lines of evidence to form a 'conservation narrative' is a more useful approach to assigning conservation status. This also helps to addresses a glaring gap in long-term ecological data sets in Australia, which often precludes a more empirical data-driven approach. An important lesson also emerged – the recognition that while conservation must be underpinned by the best available scientific evidence, it remains a 'social and policy' goal rather than a 'scientific' goal. Communication, engagement, and 'politics' necessarily play a significant role in achieving conservation goals and need to be managed and resourced accordingly.

Keywords: aquatic ecosystem conservation, conservation law, ecological integrity, invasive species

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1034 Institutionalizing Peace in Iraqi Kurdistan Post-civil War, 1998 to Present

Authors: Hawre Hasan Hama, Choman Mahmood H. Rashid

Abstract:

The four-year armed conflict between the Kurdistan Democratic Party (KDP) and the Patriotic Union of Kurdistan (PUK) ended in September 1998 under the terms of the Washington Agreement. Since then, there has been a quarter-century of durable peace between the two combatant parties, though they have often been at odds politically. Based on interviews with Kurdish political leaders from both parties, this paper argues that sharing or dividing power across all four dimensions of state power — political, military, territorial, and economic — has played a vital role ensuring the durability of the peace settlement. The paper traces the KDP-PUK power sharing system through three stages: the transition stage (1998-2006), the “golden” period (2006-2013), the “weakening” period (2013 to present).

Keywords: peace settlement, enduring peace, power-sharing and power dividing, Iraqi Kurdistan.

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1033 Exergy Analysis of Reverse Osmosis for Potable Water and Land Irrigation

Authors: M. Sarai Atab, A. Smallbone, A. P. Roskilly

Abstract:

A thermodynamic study is performed on the Reverse Osmosis (RO) desalination process for brackish water. The detailed RO model of thermodynamics properties with and without an energy recovery device was built in Simulink/MATLAB and validated against reported measurement data. The efficiency of desalination plants can be estimated by both the first and second laws of thermodynamics. While the first law focuses on the quantity of energy, the second law analysis (i.e. exergy analysis) introduces quality. This paper used the Main Outfall Drain in Iraq as a case study to conduct energy and exergy analysis of RO process. The result shows that it is feasible to use energy recovery method for reverse osmosis with salinity less than 15000 ppm as the exergy efficiency increases twice. Moreover, this analysis shows that the highest exergy destruction occurs in the rejected water and lowest occurs in the permeate flow rate accounting 37% for 4.3% respectively.

Keywords: brackish water, exergy, irrigation, reverse osmosis (RO)

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1032 Role of Empirical Evidence in Law-Making: Case Study from India

Authors: Kaushiki Sanyal, Rajesh Chakrabarti

Abstract:

In India, on average, about 60 Bills are passed every year in both Houses of Parliament – Lok Sabha and Rajya Sabha (calculated from information on websites of both Houses). These are debated in both Lok Sabha (House of Commons) and Rajya Sabha (Council of States) before they are passed. However, lawmakers rarely use empirical evidence to make a case for a law. Most of the time, they support a law on the basis of anecdote, intuition, and common sense. While these do play a role in law-making, without the necessary empirical evidence, laws often fail to achieve their desired results. The quality of legislative debates is an indicator of the efficacy of the legislative process through which a Bill is enacted. However, the study of legislative debates has not received much attention either in India or worldwide due to the difficulty of objectively measuring the quality of a debate. Broadly, three approaches have emerged in the study of legislative debates. The rational-choice or formal approach shows that speeches vary based on different institutional arrangements, intra-party politics, and the political culture of a country. The discourse approach focuses on the underlying rules and conventions and how they impact the content of the debates. The deliberative approach posits that legislative speech can be reasoned, respectful, and informed. This paper aims to (a) develop a framework to judge the quality of debates by using the deliberative approach; (b) examine the legislative debates of three Bills passed in different periods as a demonstration of the framework, and (c) examine the broader structural issues that disincentive MPs from scrutinizing Bills. The framework would include qualitative and quantitative indicators to judge a debate. The idea is that the framework would provide useful insights into the legislators’ knowledge of the subject, the depth of their scrutiny of Bills, and their inclination toward evidence-based research. The three Bills that the paper plans to examine are as follows: 1. The Narcotics Drugs and Psychotropic Substances Act, 1985: This act was passed to curb drug trafficking and abuse. However, it mostly failed to fulfill its purpose. Consequently, it was amended thrice but without much impact on the ground. 2. The Criminal Laws (Amendment) Act, 2013: This act amended the Indian Penal Code to add a section on human trafficking. The purpose was to curb trafficking and penalise traffickers, pimps, and middlemen. However, the crime rate remains high while the conviction rate is low. 3. The Surrogacy (Regulation) Act, 2021: This act bans commercial surrogacy allowing only relatives to act as surrogates as long as there is no monetary payment. Experts fear that instead of preventing commercial surrogacy, it would drive the activity underground. The consequences would be borne by the surrogate, who would not be protected by law. The purpose of the paper is to objectively analyse the quality of parliamentary debates, get insights into how MPs understand the evidence and deliberate on steps to incentivise them to use empirical evidence.

Keywords: legislature, debates, empirical, India

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1031 Reconsidering Curriculum: Educational Responses for Peace-Building in and outside the Classroom

Authors: S. Roman

Abstract:

This qualitative study used semi-structured interviews with three Canadian educators to examine peace-based pedagogies used in varied teaching contexts and the degree to which the teaching strategies implemented were aligned with goals of peace-keeping, peace-making or peace-building in the classroom. In this research, the teachers’ peace-oriented pedagogy was influenced by various strands of peace education theory, and as such shaped their conceptualization of ‘peace’. The study’s result shows that when educators implemented government-mandated curriculum, they worked around it and/or added content that increased opportunities for democratic peacebuilding. In addition, all three teachers also strengthened their peace-oriented practice by incorporating conflict resolution skills in and outside the classroom to augment a common social-justice oriented goal for peace-making and peace-keeping and made various distinctions around the conditions necessary for peace-building.

Keywords: citizenship, peace-building education, peace-building curriculum, pedagogy

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1030 Study of the Performance of Metal Tanks with a Floating Roof

Authors: Rezki Akkouche

Abstract:

This work exposes metal tanks in general and floating roofs in particular by listing the codes and standards which study this kind of structure. Initial research discusses the types of tanks, how they are designed, and the disadvantages and advantages that each type has. Then, in-depth research was carried out carefully in order to popularize the floating roof tank and the principles of its design and operation while defining the different types of this kind of roof, how and what they are designed, naming the main installation accessories for these roofs and the dangers that a malfunction of these accessories would cause, also exposing the problems likely to be encountered on these roofs and the considerable and important advantages that floating roof tanks bring. A simplification of the two API 650 and Eurocode 3 regulations - Tanks part - has been made by explaining and mentioning the design rules and laws of this type of structure. Thus a comparison of the two regulations is accomplished by exemplifying this with a study of an actual project.

Keywords: tanks of metal, floating roof, performance, comparative analysis

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1029 The Urban Stray Animal Identification Management System Based on YOLOv5

Authors: Chen Xi, Kuan Sinman, LI Haofeng, Huang Hongming, Zeng Chengyu, Tong Zhiyuan

Abstract:

Stray animals are on the rise in mainland China's cities. There are legal reasons for this, namely the lack of protection for domestic pets in mainland China, where only wildlife protection laws exist. At a social level, the ease with which families adopt pets and the lack of a social view of animal nature has led to the frequent abandonment and loss of stray animals. If left unmanaged, conflicts between humans and stray animals can also increase. This project provides an inexpensive and widely applicable management tool for urban management by collecting videos and pictures of stray animals captured by surveillance or transmitted by humans and using artificial intelligence technology (mainly using YOLOv5 recognition technology) and recording and managing them in a database.

Keywords: urban planning, urban governance, artificial intelligence, convolutional neural network

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1028 Conceptualizing Power, Progress and Time: An Essay on Islam and Democracy in the Arab World

Authors: Kechikeche Nabil

Abstract:

The MENA region has undergone many mutations throughout history. The most significant one was, yet, to happen during the colonial era, where the Arab Muslim ‘cosmic’ clock was recalibrated to match a more or less modern perception of time. As for modern civic and political experiences of life, they were left in a state of inertia. This article considers the problematic amalgam of traditional Islam, modernity and democratization in the Arab world, as well as the effects on the configuration of recent progressive endeavours. It is argued that the assimilation of democratic ethos - as a requisite for modernity - depends on the assimilation of power, progress and time, by what is referred to as the Umma. Drawing on postmodern and political literature, it is suggested that because of a conceptualization which draws mainly on traditional Islam, the Umma and the state in the Arab world remain in conflict while, at times, they appear to act collaboratively, either to embrace modernity or to obstruct democratization.

Keywords: Islam, democracy, Arab world, modernity

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1027 Corporate Governance in Africa: A Review of Literature

Authors: Kisanga Arsene

Abstract:

The abundant literature on corporate governance identifies four main objectives: the configuration of power within firms, control, conflict prevention and the equitable distribution of value created. The persistent dysfunctions in companies in developing countries in general and in African countries, in particular, show that these objectives are generally not achieved, which supports the idea of analyzing corporate governance practices in Africa. Indeed, the objective of this paper is to review the literature on corporate governance in Africa, to outline the specific practices and challenges of corporate governance in Africa and to identify reliable indicators and variables to capture corporate governance in Africa. In light of the existing literature, we argue that corporate governance in Africa can only be studied in the light of African realities and by taking into account the institutional environment. These studies show the existence of a divide between governance practices and the legislative and regulatory texts in force in the African context.

Keywords: institutional environment, transparency, accountability, Africa

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1026 Use of Residues from Water Treatment and Porcelain Coatings Industry for Producing Eco-Bricks

Authors: Flavio Araujo, Fabiolla Lima, Julio Lima, Paulo Scalize, Antonio Albuquerque, Heitor Reis

Abstract:

One of the great environmental problems in the management of water treatment (WTP) is on the disposal of waste generated during the treatment process. The same occurs with the waste generated during rectification of porcelain tiles. Despite environmental laws in Brazil the residues does not have an ecologically balanced destination. Thus, with the purpose to identify an environmentally sustainable disposal, residues were used to replace part of the soil, for production soil-cement bricks. It was used the residues from WTP and coatings industry Cecrisa (Brazil). Consequently, a greater amount of fine aggregate in the two samples of residues was found. The residue affects the quality of bricks produced, compared to the sample without residues. However, the results of compression and water absorption tests were obtained values that meet the standards, respectively 2.0 MPa and 20% absorption.

Keywords: water treatment residue, porcelain tile residue, WTP, brick

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1025 The Impact of Non State Actor’s to Protect Refugees in Kurdistan Region of Iraq

Authors: Rozh Abdulrahman Kareem

Abstract:

The displacement of individuals has become a common interest for international players. Mostly occurs in Islamic states, as religion is considered the most common cause of this form of displacement. Therefore, this thesis aims to depict the reality of the situations of the refugees, particularly in KRI, illustrating how they are treated and protected and if the treatment merits the protection clause as envisaged in the 1951 Refugee Convention. Overall, the aim is to touch on the issue of protection by non-governmental organizations and government towards the refugees here. In light of this, it focused on the adequate protection of refugees in relation to the refugee law. In the Middle East, including Iraq, there have been multiple reports on violations of these refugee laws and human rights. Protection involves providing physical security to the concerned parties, functional administration with legal structures, and infrastructural setup that could help citizens exercise rights. The KRI has provided the refugees with various benefits, including education, access to residency, and employment. It also provided transitionary in various social dimensions like gender-based violence. The Convention on Status of Refugees 1951 tried to resolve this problem, whereby the principle of ‘nonrefoulement’ under Article 33 was passed. The ‘nonrefoulement’, an exceptional reference, was enacted to protect refugees from forcible return to their countries of the original. However, the convention never addressed an unusual scenario regarding the application of this principle, ‘Extradition Treaties.’ Even though some scholarly article exists regarding the problems of refugees, the topic of interplay between Nonrefoulement and Extradition Treaties has never been explained in detail in the available books on refugee laws and practices. Each year, millions of refugees seek protection from foreign countries for fear of being tortured, victimized, or executed. People seeking international protection are susceptible and insecure. The main objective of the prevention is to provide security to citizens susceptible to inhuman treatment, distress, oppression, or other human rights defilements when they arrive back in their own countries. The refugee situation may get worse in the near future. Just like several nations within the Middle East, Iraq is not a signatory to the globally acknowledged legal structure for the protection of refugees. The first law of 1971 in Iraq was issued only for military or political causes. This law also establishes benefits such as the right to education and health services and the right to acquire employment just as the Iraqi nationals. The other legislative instrument is the 21st law from the ministry of migration of Iraq widened the description of an immigrant to incorporate the definition from the refugee resolution. Nonetheless, there is a lack of overall consistency in the protection provided under these legislations regarding rights and entitlement. A Memorandum of Understanding was signed in October 2016 by the UNHCR and the Iraq government to develop the protection of refugees. Under the term of this MoU, the Iraqi Government is obligated to provide identity documents to asylum seekers beside that UNHCR provides more guidance.

Keywords: law, refugee, protection, Kurdistan

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1024 How COVID 19 Changed Policy Makers Behavior toward Environmental Policy

Authors: Ammar Alrefaei

Abstract:

The COVID-19 pandemic changed human life. The vast majority of the COVID effect was on the healthcare sector, but its impact on the global economy cannot be denied. In the field of environment, the pandemic may have a more significant impact on the environment than all environmental activity and policies of recent years. The pandemic consequences for the environment may be far more unpredictable than one might assume. In view of this, it is imperative for legislators from different states to be prepared to apply adequate measures to counteract such consequences. This article aimed to examine the obstacles to implementing effective environmental policies after the COVID-19 pandemic using different examples from different countries. Also, how adopting new initiatives, such as the Saudi Green Initiative and the Middle East Green Initiative, can help policymakers and legislators adopt new laws and policies. In addition, this paper reviewed the developing dangers to environmental protection after the pandemic and analyzed the major challenges to instrument active environmental policies during COVID-19 and in the world after COVID.

Keywords: environmental policy, environment law, green initiative, COVID 19

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1023 Self-Serving or Self-Effacing: An Analysis of the Zimbabwe-United Kingdom Diaspora`S Role in Human Rights Advocacy

Authors: J.T. Chivanga

Abstract:

This paper conceptualizes the significance of human rights activism by the Zimbabwean diaspora in the United Kingdom by analyzing how the diaspora advocates for the promotion of the rights of the people in Zimbabwe. It critiques the strategic essentialism theory that is used by the government of Zimbabwe as a basis to discredit the work of transnational advocacy groups. The research advances this position by articulating that the diaspora does not falsify nor simplify them to garner external support on the human rights situation in Zimbabwe. It establishes and shows the significance of transnational advocacy by articulating how the Zimbabwean diaspora addresses and brings to the attention of the international community human rights violations in Zimbabwe that would otherwise not have seen the light of day due to the absence of a conducive environment in that country that stifles the organization of protests under repressive laws such as the public order and security act of 2009.

Keywords: strategic essentialism, transnational advocacy, public order and security act, Zimbabwe diaspora

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1022 Developing Measurement Model of Interpersonal Skills of Youth

Authors: Mohd Yusri Ibrahim

Abstract:

Although it is known that interpersonal skills are essential for personal development, the debate however continues as to how to measure those skills, especially in youths. This study was conducted to develop a measurement model of interpersonal skills by suggesting three construct namely personal, skills and relationship; six function namely self, perception, listening, conversation, emotion and conflict management; and 30 behaviours as indicators. This cross-sectional survey by questionnaires was applied in east side of peninsula of Malaysia for 150 respondents, and analyzed by structural equation modelling (SEM) by AMOS. The suggested constructs, functions and indicators were consider accepted as measurement elements by observing on regression weight for standard loading, average variance extracted (AVE) for convergent validity, square root of AVE for discriminant validity, composite reliability (CR), and at least three fit indexes for model fitness. Finally, a measurement model of interpersonal skill for youth was successfully developed.

Keywords: interpersonal communication, interpersonal skill, youth, communication skill

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1021 Ties of China and the United States Regarding to the Shanghai Cooperation Organization on the Basis of Soft Power Theory

Authors: Shabnam Dadparvar, Laijin Shen

Abstract:

After a period of conflict between Russia and the West, new signs of confrontation between the United States and China are observed. China, as the most populous country in the world with a high rate of economic growth, neither stands the hegemonic power of the United States nor has the intention of direct confrontation with it. By raising the costs of the United States’ leadership at the international level, China seeks to find a better status without direct confrontation with the US. Meanwhile, the Shanghai Cooperation Organization (SCO), as a soft balancing strategy against the hegemony of the United States is used as a tool to reach this goal. The authors by using a descriptive-analytical method try to explain the policies of China and the United States on Shanghai Cooperation Organization as well as confrontation between these two countries within the framework of 'balance of soft power theory'.

Keywords: balance of soft power, Central Asia, Shanghai cooperation organization, terrorism

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1020 Comparison of Buyback Contracts and Concession Regimes in the Regime of the Common Law System and the Islamic Legal Regime

Authors: Javid Zarei

Abstract:

International buyback contracts are a type of contract service. These kinds of contracts are the most important instrument for attracting foreign investors in accordance with Iran's laws. These contracts have been the basis of commercial and economic relations between Iran and foreign companies for about 30 years. The legal structure of this type of contract has gradually evolved, so today, an advanced generation of it under the title of Iran Petroleum Contract is being used in the industry of Iran. This article has analytically examined the issue of Iran's commercial contracts in the oil industry and contracting services and allocated sections to examine the strengths and weaknesses of these oil contracts. Also, this research is an attempt to examine and compare the Concession regime with the Buyback contracts, each of which is derived from the common law legal system and the Islamic legal system, respectively.

Keywords: buyback contracts, concession regime, ownership, common law legal system, Islamic legal system of Iran

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1019 The Use of Prestige Language in Tennessee Williams’s "A Streetcar Named Desire"

Authors: Stuart Noel

Abstract:

In a streetcar Named Desire, Tennessee Williams presents Blanche DuBois, a most complex and intriguing character who often uses prestige language to project the image of an upper-class speaker and to disguise her darker and complicated self. She embodies various fascinating and contrasting characteristics. Like New Orleans (the locale of the play), Blanche represents two opposing images. One image projects that of genteel, Southern charm and beauty, speaking formally and using prestige language and what some linguists refer to as “hypercorrection,” and the other image reveals that of a soiled, deteriorating façade, full of decadence and illusion. Williams said on more than one occasion that Blanche’s use of such language was a direct reflection of her personality and character (as a high school English teacher). Prestige language is an exaggeratedly elevated, pretentious, and oftentimes melodramatic form of one’s language incorporating superstandard or more standard speech than usual in order to project a highly authoritative individual identity. Speech styles carry personal identification meaning not only because they are closely associated with certain social classes but because they tend to be associated with certain conversational contexts. Features which may be considered to be “elaborated” in form (for example, full forms vs. contractions) tend to cluster together in speech registers/styles which are typically considered to be more formal and/or of higher social prestige, such as academic lectures and news broadcasts. Members of higher social classes have access to the elaborated registers which characterize formal writings and pre-planned speech events, such as lectures, while members of lower classes are relegated to using the more economical registers associated with casual, face-to-face conversational interaction, since they do not participate in as many planned speech events as upper-class speakers. Tennessee Williams’s work is characteristically concerned with the conflict between the illusions of an individual and the reality of his/her situation equated with a conflict between truth and beauty. An examination of Blanche DuBois reveals a recurring theme of art and decay and the use of prestige language to reveal artistry in language and to hide a deteriorating self. His graceful and poetic writing personifies her downfall and deterioration. Her loneliness and disappointment are the things so often strongly feared by the sensitive artists and heroes in the world. Hers is also a special and delicate human spirit that is often misunderstood and repressed by society. Blanche is afflicted with a psychic illness growing out of her inability to face the harshness of human existence. She is a sensitive, artistic, and beauty-haunted creature who is avoiding her own humanity while hiding behind her use of prestige language. And she embodies a partial projection of Williams himself.

Keywords: American drama, prestige language, Southern American literature, Tennessee Williams

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1018 Education as an Important Correlate for Age at Marriage in Bangladesh

Authors: Forhana Rahman Noor, Shafia Jannat Khanam

Abstract:

A girl’s schooling is disrupted by the very act of marriage which requires her to move away from home and her school area to live with her husband’s family, according to custom and practice. Once in her new home, her husband or her in-laws decide her continuation of schooling. A plethora of research has confirmed the inter-relationship between education and age at marriage of girls. The primary data was collected from both urban and rural area in Bangladesh. The study revealed that mean age at marriage for girls was 15.69 years, as a whole and it was lower (15.21 years) in the rural area than that of the urban area (17.13 years). These readings confirm early marriage still exists. The most important determinant of age at marriage was found as low education level of the girls. The bi-variate analysis of this study discovered the relationship or association between education and age at marriage. The study also found the education level of husbands of girls has a significant effect on age at marriage of a girl.

Keywords: education, girl, age at marriage, correlate, Bangladesh

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1017 Incorporating Moving Authority Limits Into Driving Advice

Authors: Peng Zhou, Peter Pudney

Abstract:

Driver advice systems are used by many rail operators to help train drivers to improve timekeeping while minimising energy use. These systems typically operate independently of the safeworking system, because information on how far the train is allowed to travel -the “limit of authority"- is usually not available as real-time data that can be used when generating driving advice. This is not an issue when there is sufficient separation between trains. But on systems with low headways, driving advice could conflict with safeworking requirements. We describe a method for generating driving advice that takes into account a moving limit of authority that is communicated to the train in real-time. We illustrate the method with four simulated examples using data from the Zhengzhou Metro. The method will allow driver advice systems to be used more effectively on railways with low headways.

Keywords: railway transportation, energy efficient train operation, optimal train control, safe separation

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