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

Search results for: conflict of laws

986 Religious Discourses and Their Impact on Regional and Global Geopolitics: A Study of Deobandi in India, Pakistan and Afghanistan

Authors: Soumya Awasthi

Abstract:

The spread of radical ideology is possible not merely through public meetings, protests, and mosques but even in schools, seminaries, and madrasas. The rhetoric created around the relationship between religion and conflict has been the primary factor for instigating global conflicts – when religion is used to achieve broader objectives. There have been numerous cases of religion-driven conflict around the world be it the Jewish revolt between 66 AD and 628 AD or the 1119 AD the Crusades revolt or during the Cold War period or the rise of right-wing politics in India. Some of the major developments which reiterate the significance of religion in the contemporary times include: (1) The emergence of theocracy in Iran in 1979 (2) Resurgence of world-wide religious beliefs in post-Soviet space. (3) Emergence of transnational terrorism shaped by twisted depiction of Islam by the self proclaimed protectors of the religion. Therefore this paper is premised in the argument that religion has always found itself on the periphery of the discipline of International Relations (IR), and has received less attention than it deserves. The focus of the topic is on the discourses of ‘Deobandi’ and its impact both on the geopolitics of the region- particularly in India, Pakistan, and Afghanistan- and also at the global level. Discourse is a mechanism in use since time immemorial and has been a key tool to mobilise masses against the ruling authority. With the help of field surveys, qualitative and analytical method of research in religion and international relations, it has been found that they are numerous madrassas that are running illegally and are unregistered. These seminaries are operating in the Khyber-Pakhtunkhwa and Federally Administered Tribal Area (FATA). During the Soviet invasion of Afghanistan in 1979, relation between religion and geopolitics was highlighted when there was a sudden spread of radical ideas, finding support from countries like Saudi Arabia (who funded the campaign) and Pakistan (which organised the Saudi funds and set up training camps, both educational and military). During this period there was a huge influence of Wahabi theology on the madrasas which started with Deoband philosophy and later became a mix of Wahabi (influenced by Ahmad Ibn Hannabal and Ibn Taimmiya) and Deobandi philosophy, tending towards fundamentalism. Later the impact of regional geopolitics had influence on the global geopolitics when the incidents like attack on the US in 2001, bomb blasts in U.K, Indonesia, Turkey, and Israel in 2000s. In the midst of all this, there were several scholars who pointed towards Deobandi Philosophy as one of the drivers in the creation of armed Islamic groups in Pakistan, Afghanistan. Hence this paper will make an attempt to understand the trend as to how Deobandi religious discourses originating from India have changed over the decades, and who the agents of such changes are. It will throw light on Deoband from pre-independence till date to create a narrative around the religious discourses and Deobandi philosophy and its spill over impact on the map of global and regional security.

Keywords: Deobandi School of Thought, radicalization, regional and global geopolitics, religious discourses, Whabi movement

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985 Emphasizing Sumak Kawsay in Peace Ethics

Authors: Lisa Tragbar

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Since the Rio declaration, the agreement resulting from the Earth Summit in 1992, the UN member states acknowledge that peace and environmental protection are deeply linked to each other. It has also been made clear by Contemporary Peace research since the early 2000 that the lack of natural resources increases conflicts, as well as potential war conflicts (general environmental conflict thesis). I argue that peace ethics need to reconsider the role of the environment in peace ethics, from conflict prevention to peacebuilding. Sumak kawsay is a concept that offers a non-anthropocentric perspective on the subject. Several Contemporary Peace Ethicists don’t take environmental peace sufficiently into account. 1. The Peace theorist Johan Galtung famously argues that positive peace depends mostly on social, economic and political factors, as institutional structures establish peace. Galtung has a relational approach to peace, yet only between human interactors. 2. Michael Fox claims in his anti-war argument to consider nonhuman entities in conflicts. Because of their species interrelation, humans cannot decide on the fate of other species. 3. Although Mark Woods considers himself a peace ecologist, following Reichberg and Syse, and argues from a duty-based perspective towards nature, he mostly focuses on the protection of the environment during war conflicts. I want to focus on a non-anthropocentric view to argue that the environment is an entity of human concern in order to construct peace. Based on the premises that the lack of natural resources create tensions that play a significant part in international conflicts and these conflicts are potential war conflicts, I argue that a non-anthropocentric account to peace ethics is an indispensable perspective towards the recovery of these resources and therefore the reduction of war conflicts. Sumak kawsay is an approach contributing to a peaceful environment, which can play a crucial role in international peacekeeping operations. To emphasize sumak kawsay in peace ethics, it is necessary to explain what this principle includes and how it renews Contemporary Peace ethics. The indigenous philosophy of life of the Andean Quechua philosophy in Ecuador and varities from other countries from the Global South include a holistic real-world vision that contains concepts like the de-hierarchization of humans and nature as well as the reciprocity principle towards nature. Sumak kawsay represents the idea of the intrinsic value of nature and an egalitarian way of life and interconnectedness between human and nonhuman entities, which has been widely neglected in Traditional War and Peace Ethics. If sumak kawsay is transferred to peacekeeping practices, peacekeepers have restorative duties not only towards humans, but also towards nature. Resource conservation and environmental protection are the first step towards a positive peace. By recognising that healthy natural resources contribute to peacebuilding, by restoring balance through compensatory justice practices like recovery, by fostering dialogue between peacekeeping forces and by entitling ecosystems with rights natural resources and environmental conflicts are more unlikely to happen. This holistic approach pays nature sufficient attention and can contribute to a positive peace.

Keywords: environment, natural resources, peace, Sumak Kawsay

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984 Stuck Down in the Mess of Aisles: Need of a Practical Consumer Welfare Policy Framework in Sri Lanka with Special Reference to Japan

Authors: E. N. R. de Silva

Abstract:

The main purpose of this research is to set a policy framework for establishing a legal, institutional and social infrastructure that enhances the welfare, health, safety and economic interest of the consumers in Sri Lanka. It will help to develop an approach to continuously and successfully advocate for a consumer protection legal reform agenda and also it is significant as it gives directions to create national consumer protection associations in Sri Lanka. The methodology adopted for this research is purely a qualitative approach and it is generally and specifically categorized. Generally, part of this research looked at the existing laws, regulations and how effective they are in order to protect consumers. It will analyze the consumer protection framework and specially, consumer protection enhanced by the public organizations in Japan. This research offers a model with methods and legal instruments to enforce advocacy group to enhance consumer welfare, also brings out reforms to be made in the national legal framework on consumer welfare.

Keywords: consumer protection association, consumer protection law, consumer welfare, legal framework

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983 The Causes of Non-Disclosure of Intrafamilial Childhood Sexual Abuse and Its Effects

Authors: Ishtiaque Qureshi, Erum Muzaffar

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This study aimed to analyze the causes of non-disclosure of intrafamilial childhood sexual abuse (IFCSA) among survivors studying in higher education institutions in Sindh, Pakistan. Employing a mixed-method approach, the research investigated the reasons behind non-disclosure. A quantitative survey conducted in higher education institutions identified IFCSA victims through purposive sampling, and the causes were assessed through in-depth interviews with 18 respondents. Subsequent analysis of the interview transcripts resulted in the categorization of respondents into three groups: (1) those fearing the consequences of revealing facts to their parents, (2) individuals unwilling to subject their parents to conflict with the perpetrator, and (3) those who could not disclose the abuse due to reasons not understood by them. Correlations among non-disclosing respondents were examined with respect to their socio-economic status, family structure, emotional availability of parents, and parenting style.

Keywords: intrafamilial childhood sexual abuse, non-disclosure, survivors of IFCSA, in-depth interviews

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982 A Guide for Using Viscoelasticity in ANSYS

Authors: A. Fettahoglu

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Theory of viscoelasticity is used by many researchers to represent the behavior of many materials such as pavements on roads or bridges. Several researches used analytical methods and rheology to predict the material behaviors of simple models. Today, more complex engineering structures are analyzed using Finite Element Method, in which material behavior is embedded by means of three dimensional viscoelastic material laws. As a result, structures of unordinary geometry and domain can be analyzed by means of Finite Element Method and three dimensional viscoelastic equations. In the scope of this study, rheological models embedded in ANSYS, namely, generalized Maxwell model and Prony series, which are two methods used by ANSYS to represent viscoelastic material behavior, are presented explicitly. Afterwards, a guide is illustrated to ease using of viscoelasticity tool in ANSYS.

Keywords: ANSYS, generalized Maxwell model, finite element method, Prony series, viscoelasticity, viscoelastic material curve fitting

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981 Understanding Psychological Distress and Protection Issues among Children Associated with Armed Groups

Authors: Grace Onubedo

Abstract:

The primary objective of this research study is to contribute to and deepen the understanding of the realities and conditions for which children recruited by violent extremist organisations in Nigeria live, as well as ascertain the state of their mental health following their reunification with either family or protection workers. The research is intended to contribute to a more focused child protection programming agenda for children associated with armed forces and groups in Nigeria and the wider conflict setting. The extent to which violence has affected the psychological well-being and mental health of children abducted and exposed to activities of Violent Extremist groups remains a largely empirical question. This research attempts to answer the following research questions with the aim of providing further evidences for informed programming: I. What are the demographic characteristics of children associated with armed groups? II. What is the state of their mental health? III. What is the relationship between their background and their mental health?

Keywords: counterterrorism, psychosocial support, psychological distress, children, armed groups

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980 Investigations on the Application of Avalanche Simulations: A Survey Conducted among Avalanche Experts

Authors: Korbinian Schmidtner, Rudolf Sailer, Perry Bartelt, Wolfgang Fellin, Jan-Thomas Fischer, Matthias Granig

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This study focuses on the evaluation of snow avalanche simulations, based on a survey that has been carried out among avalanche experts. In the last decades, the application of avalanche simulation tools has gained recognition within the realm of hazard management. Traditionally, avalanche runout models were used to predict extreme avalanche runout and prepare avalanche maps. This has changed rather dramatically with the application of numerical models. For safety regulations such as road safety simulation tools are now being coupled with real-time meteorological measurements to predict frequent avalanche hazard. That places new demands on model accuracy and requires the simulation of physical processes that previously could be ignored. These simulation tools are based on a deterministic description of the avalanche movement allowing to predict certain quantities (e.g. pressure, velocities, flow heights, runout lengths etc.) of the avalanche flow. Because of the highly variable regimes of the flowing snow, no uniform rheological law describing the motion of an avalanche is known. Therefore, analogies to fluid dynamical laws of other materials are stated. To transfer these constitutional laws to snow flows, certain assumptions and adjustments have to be imposed. Besides these limitations, there exist high uncertainties regarding the initial and boundary conditions. Further challenges arise when implementing the underlying flow model equations into an algorithm executable by a computer. This implementation is constrained by the choice of adequate numerical methods and their computational feasibility. Hence, the model development is compelled to introduce further simplifications and the related uncertainties. In the light of these issues many questions arise on avalanche simulations, on their assets and drawbacks, on potentials for improvements as well as their application in practice. To address these questions a survey among experts in the field of avalanche science (e.g. researchers, practitioners, engineers) from various countries has been conducted. In the questionnaire, special attention is drawn on the expert’s opinion regarding the influence of certain variables on the simulation result, their uncertainty and the reliability of the results. Furthermore, it was tested to which degree a simulation result influences the decision making for a hazard assessment. A discrepancy could be found between a large uncertainty of the simulation input parameters as compared to a relatively high reliability of the results. This contradiction can be explained taking into account how the experts employ the simulations. The credibility of the simulations is the result of a rather thoroughly simulation study, where different assumptions are tested, comparing the results of different flow models along with the use of supplemental data such as chronicles, field observation, silent witnesses i.a. which are regarded as essential for the hazard assessment and for sanctioning simulation results. As the importance of avalanche simulations grows within the hazard management along with their further development studies focusing on the modeling fashion could contribute to a better understanding how knowledge of the avalanche process can be gained by running simulations.

Keywords: expert interview, hazard management, modeling, simulation, snow avalanche

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979 Sovereign Characters of Police in Turkey: Discretionary Use of Force on Criminalized Political Opponents

Authors: Emrah Denizhan

Abstract:

Policing studies have drawn attention to the changing role of law enforcement in favour of harsh policing strategies throughout the world. Turkey has become part of this global transition process by restructuring its policing through a series of allegedly democratic amendments to Turkish law. Nevertheless, severe violations of human rights continue to be widely experienced phenomena. This paper suggests problematizing the changing judicial framework of policing together with the persistent aggressive policing in Turkey, by considering Agamben's concept of police as a sovereign entity – sovereign police. In so doing, the paper analytically dissects sovereign police into three premises: the criminalization of the (perceived) enemy, the militarization of the police, and finally, the discretionary use of force. This examination of the state’s early ethno-racial policies and the history of the Turkish police force, and of the changing judicial framework of police-related laws in the 2000s, demonstrates that certain ‘internal enemies’ have been criminalized by increasingly militarized police using escalating discretionary use of force.

Keywords: criminalization, discretionary use of force, policing, sovereignty

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978 A Study of Environmental Investment on the Sustainable Development in United States

Authors: K. Y. Chen, Y. N. Jia, H. Chua, C. W. Kan

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In United States (US), the environmental policy went through two stages that are government control period and market mechanism period. In the government control period in the 1970s, environmental problems in U.S. are treated by mandatory direct control method, including promulgation of laws, formulation of emission standards and mandatory installation of pollution treatment equipment. After the 1980s, the environmental policy in U.S. went into the second stage, in which the government strengthened the incentives and coordination effects of market. Since then, environmental governance had been partially replaced by means of economic regulation of the market. Green Tax Policy and Marketable Pollution Permits are good examples of government's economic interventions. U.S. Federal Government regards environmental industry as high-tech industry which is promoted in this period. Therefore, in the paper, we aim to analyse the effect of environmental investment on the sustainable development in the US. Acknowledgment: Authors would like to thank the financial support from the Hong Kong Polytechnic University for this work.

Keywords: United States, public environmental investment, analysis, sustainable development

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977 Channel Characteristics and Morphometry of a Part of Umtrew River, Meghalaya

Authors: Pratyashi Phukan, Ranjan Saikia

Abstract:

Morphometry incorporates quantitative study of the area ,altitude,volume, slope profiles of a land and drainage basin characteristics of the area concerned.Fluvial geomorphology includes the consideration of linear,areal and relief aspects of a fluvially originated drainage basin. The linear aspect deals with the hierarchical orders of streams, numbers, and lenghts of stream segments and various relationship among them.The areal aspect includes the analysis of basin perimeters,basin shape, basin area, and related morphometric laws. The relief aspect incorporates besides hypsometric, climographic and altimetric analysis,the study of absolute and relative reliefs, relief ratios, average slope, etc. In this paper we have analysed the relationship among stream velocity, channel shape,sediment load,channel width,channel depth, etc.

Keywords: morphometry, hydraulic geometry, Umtrew river, Meghalaya

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976 The Modified WBS Based on LEED Rating System in Decreasing Energy Consumption and Cost of Buildings

Authors: Mehrab Gholami Zangalani, Siavash Rajabpour

Abstract:

In compliance with the Statistical Centre of Iran (SCI)’s results, construction and housing section in Iran is consuming 40% of energy, which is 5 times more than the world average consumption. By considering the climate in Iran, the solutions in terms of design, construction and exploitation of the buildings by utilizing the LEED rating system (LRS) is presented, regarding to the reasons for the high levels of energy consumption during construction and housing in Iran. As a solution, innovative Work Break Structure (WBS) in accordance with LRS and Iranian construction’s methods is unveiled in this research. Also, by amending laws pertaining to the construction in Iran, the huge amount of energy and cost can be saved. Furthermore, with a scale-up of these results to the scale of big cities such as Tehran (one of the largest metropolitan areas in the middle east) in which the license to build more than two hundred and fifty units each day is issued, the amount of energy and cost that can be saved is estimated.

Keywords: costs reduction, energy statistics, leed rating system (LRS), work brake structure (WBS)

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975 Identifying Characteristics of Slum in Palembang Riverbanks Area, Indonesia

Authors: Rhaptyalyani Herno Della, Nyimas Septi Rika Putri, Rika Nabila

Abstract:

The growth of population and economic activities in urban areas needs support economic development, needs to be balanced with adequate environmental infrastructure development. Settlement can avoid from rundown condition and uninhabitable if the development of urban area accordance with healthy development. Identifying database of slum in this study reference to the Review of the Spatial Plan Development of Palembang City, Laws of Public Works Department about Technical Guidelines on the Quality Improvement Housing and Slum and Urban Spatial Global Report on Human Settlements 2003. A case study for identifying in Palembang riverbanks area are located in two districts; Ilir Timur I and Ilir Timur II. This study do the identification of slum areas based on several variables about physical and non physical aspect, then the result of identification are used to define a policy that can be used to improve the area.

Keywords: slum, riverbanks area, urban area, infrastructure

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974 Tools for Transparency: The Role of Civic Technology in Increasing the Transparency of the State

Authors: Rebecca Rumbul

Abstract:

The operation of the state can often appear opaque to citizens wishing to access official information, who have to negotiate a path through numerous levels of bureaucracy rationalized through institutional policy to acquire what information they want. Even where individual states have 'Right to Information' legislation guaranteeing citizen access to information, public sector conformity to such laws vary between states and between state organizations. In response to such difficulties in bringing citizens and information together, many NGO's around the world have begun designing and hosting digital portals to facilitate the requesting and receiving of official information. How then, are these 'civic technology' tools affecting the behavior of the state? Are they increasing the transparency of the state? This study looked at 5 Right to Information civic technology sites in Chile, Uruguay, Ukraine, Hungary and the UK, and found that such sites were providing a useful platform to publish official information, but that states were still reluctant to comply with all requests. It concludes that civic technology can be an important tool in increasing the transparency of the state, but that the state must have an institutional commitment to information rights for this to be fully effective.

Keywords: digital, ICT, transparency, civic technology

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973 Creating an Impact through Environmental Law and Policy with a Focus on Environmental Science Restoration with Social Impacts

Authors: Lauren Beth Birney

Abstract:

BOP-CCERS is a consortium of scientists, K-16 New York City students, faculty, academicians, teachers, stakeholders, STEM Industry professionals, CBO’s, NPO’s, citizen scientists, and local businesses working in partnership to restore New York Harbor’s oyster populations while at the same time providing clean water in New York Harbor. BOP-CCERS gives students an opportunity to learn hands-on about environmental stewardship as well as environmental law and policy by giving students real responsibility. The purpose of this REU will allow for the BOP CCERS Project to further broaden its parameters into the focus of environmental law and policy where further change can be affected. Creating opportunities for undergraduates to work collaboratively with graduate students in law and policy and envision themselves in STEM careers in the field of law continues to be of importance in this project. More importantly, creating opportunities for underrepresented students to pursue careers in STEM Education has been a goal of the project over the last ten years. By raising the level of student interest in community-based citizen science integrated into environmental law and policy, a more diversified workforce will be fostered through the momentum of this dynamic program. The continuing climate crisis facing our planet calls for 21st-century skill development that includes learning and innovation skills derived from critical thinking, which will help REU students address the issues of climate change facing our planet. The demand for a climate-friendly workforce will continue to be met through this community-based citizen science effort. Environmental laws and policies play a crucial role in protecting humans, animals, resources, and habitats. Without these laws, there would be no regulations concerning pollution or contamination of our waterways. Environmental law serves as a mechanism to protect the land, air, water, and soil of our planet. To protect the environment, it is crucial that future policymakers and legal experts both understand and value the importance of environmental protection. The Environmental Law and Policy REU provides students with the opportunity to learn, through hands-on work, the skills, and knowledge needed to help foster a legal workforce centered around environmental protection while participating alongside the BOP CCERS researchers in order to gain research experience. Broadening this area to law and policy will further increase these opportunities and permit students to ultimately affect and influence larger-scale change on a global level while further diversifying the STEM workforce. Students’ findings will be shared at the annual STEM Institute at Pace University in August 2022. Basic research methodologies include qualitative and quantitative analysis performed by the research team. Early findings indicate that providing students with an opportunity to experience, explore and participate in environmental science programs such as these enhances their interests in pursuing STEM careers in Law and Policy, with the focus being on providing opportunities for underserved, marginalized, and underrepresented populations.

Keywords: environmental restoration science, citizen science, environmental law and policy, STEM education

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972 Emotional and Embodied Knowledge and Responses

Authors: Salman Khokhar

Abstract:

The geopolitical landscape in Pakistan has become shrouded with suspicion between the state and the Ahmadiyya Muslim Community. The study argues that the social mobility of the community has become severely compromised, especially after the inception of the blasphemy laws and their subsequent enhancements in later years. The securitization of the community has ensured that the daily lives of Ahmadi Muslims have become severely restricted as their integration and assimilation into society become defined through their religious identity and beliefs. Consequently, performing congregational prayers or engaging in any other community activity is carried out secretly as the repercussions of such actions may lead to incarceration or, in some cases, even more extreme apprehension measures. The securitization of Ahmadis, and their daily lives are severely curtailed in Pakistan; however, due to transnational approaches, the community must implement specific measures to ensure the safety of its members, even in the West. The eyes of suspicion are always on the activities of the Ahmadiyya Muslim Community, and the community’s headquarters in Rabwah is always being viewed with suspicious lenses. The study considers how secrecy has enveloped the everyday life of the Ahmadi Muslim community and how it embodies characteristics which we thought had come to an end many years ago.

Keywords: freedom, ideology, Islam, persecution

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971 An Analytical and Numerical Solutions for the Thermal Analysis of a Mechanical Draft Wet Cooling Tower

Authors: Hamed Djalal

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The thermal analysis of the mechanical draft wet cooling tower is performed in this study by the heat and mass transfer modelization in the packing zone. After combining the heat and mass transfer laws, the mass and energy balances and by involving the Merkel assumptions; firstly, an ordinary differential equations system is derived and solved numerically by the Runge-Kutta method to determine the water and air temperatures, the humidity, and also other properties variation along the packing zone. Secondly, by making some linear assumptions for the air saturation curve, an analytical solution is formed, which is developed for the air washer calculation, but in this study, it is applied for the cooling tower to express also the previous parameters mathematically as a function of the packing height. Finally, a good agreement with experimental data is achieved by both solutions, but the numerical one seems to be the more accurate for modeling the heat and mass transfer process in the wet cooling tower.

Keywords: evaporative cooling, cooling tower, air washer, humidification, moist air, heat, and mass transfer

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970 Human Security Providers in Fragile State under Asymmetric War Conditions

Authors: Luna Shamieh

Abstract:

Various players are part of the game in an asymmetric war, all making efforts to provide human security to their own adherents. Although a fragile state is not able to provide sufficient and comprehensive services, it still provides special services and security to the elite; the insurgents as well provide services and security to their associates. The humanitarian organisations, on the other hand, provide some fundamental elements of human security, but only in the regions, they are able to access when possible (if possible). The counterinsurgents (security forces of the state and intervention forces) operate within a narrow band defined by the vision of the responsibility to protect and the perspective of the resolution of the conflict through combat; hence, the possibility to provide human security is shaken at this end. This article examines how each player provides human security from the perspective of freedom from want in order to secure basic and strategic needs, freedom from fear through providing protection against all kinds of violence, and the freedom to live in dignity. It identifies a vicious cycle caused by the intervention of the different players causing a centrifugal force that may lead to disintegration of the nation under war.

Keywords: asymmetric war, counterinsurgency, fragile state, human security, insurgency

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969 Feasibility Study of Implementing Electronic Commerce in Food Industries with a Case Study

Authors: Maryam Safarirad

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Fast and increasing growth of electronic commerce (e-commerce) in developed countries and its resulting competitive advantages mean that those countries should revise dramatically their trade and commercial strategies and policies. Regarding the importance of food industry in Iran, the current paper studies the feasibility of implementing the e-commerce system in Shiraz’s petrochemical unit. The statistical population of the study includes 29 senior managers and experts of the food industries. In the present Feasibility study of implementing electronic commerce 249 research, senior managers and experts’ opinions on feasibility have been examined and some feedbacks have resulted in from the opinions. The current research concludes that the organization under study does not have favorable state either in software or in hardware. Implementation of the e-commerce system in food industries would reduce the average value of the transaction costs.

Keywords: electronic trading, electronic commerce, electronic exchange of information, feasibility study, information technology, virtual shopping, computer networks, electronic commerce laws, food industry

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968 The Standard of Reasonableness in Fundamental Rights Adjudication under the Indian Constitution

Authors: Nandita Narayan

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In most constitutional democracies, courts have been the gatekeepers of fundamental rights. The task of determining whether a violation is in fact justified, therefore, is judicial. Any state action, legislative or administrative, has to be tested by the application of two standards – first, the action must be within the scope of the authority conferred by law and, second, it must be reasonable. If any action, within the scope of the authority conferred by law is found to be unreasonable, it will be struck down as unconstitutional or ultra vires. This paper seeks to analyse the varying standards of reasonableness adopted by the Supreme Court of India where there is a violation of fundamental rights by state action. This is sought to be done by scrutinising case laws and classifying the legality of the violation under one of three levels of judicial scrutiny—strict, intermediate, or weak. The paper concludes by proving that there is an irregularity in the standards adopted, thus resulting in undue discretionary power of the judiciary which strikes at the very concept of reasonableness and ultimately becomes arbitrary in nature. This conclusion is reached by the comparison of reasonableness review of fundamental rights in other jurisdictions such as the USA and Canada.

Keywords: constitutional law, judicial review, fundamental rights, reasonableness, India

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967 A Case of Borderline Personality Disorder: An Explanatory Study of Unconscious Conflicts through Dream-Analysis

Authors: Mariam Anwaar, Kiran B. Ahmad

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Borderline Personality Disorder (BPD) is an invasive presence of affect instability, disturbance in self-concept and attachment in relationships. The profound indicator is the dichotomous approach of the world in which the ego categorizes individuals, especially their significant others, into secure or threatful beings, leaving little room for a complex combination of characteristics in one person. This defense mechanism of splitting their world has been described through the explanatory model of unconscious conflict theorized by Sigmund Freud’s Electra Complex in the Phallic Stage. The central role is of the father with whom the daughter experiences penis envy, thus identifying with the mother’s characteristics to receive the father’s attention. However, Margret Mahler, an object relation theorist, elucidates the central role of the mother and that the split occurs during the pre-Electra complex stage. Amid the 14 and 24 months of the infant, it acknowledges the world away from the mother as they have developed milestones such as crawling. In such novelty, the infant crawls away from the mother creating a sense of independence (individuation). On the other hand, being distant causes anxiety, making them return to their original object of security (separation). In BPD, the separation-individuation stage is disrupted, due to contradictory actions of the caregiver, which results in splitting the object into negative and positive aspects, repressing the former and adhering to the latter for survival. Thus, with time, the ego distorts the reality into dichotomous categories, using the splitting defenses, and the mental representation of the self is distorted due to the internalization of the negative objects. The explanatory model was recognized in the case study of Fizza, at 21-year-old Pakistani female, residing in Karachi. Her marital status is single with an occupation being a dental student. Fizza lives in a nuclear family but is surrounded by her extended family as they all are in close vicinity. She came with the complaints of depressive symptoms for two-years along with self-harm due to severe family conflicts. Through the intervention of Dialectical Behavior Therapy (DBT), the self-harming actions were reduced, however, this libidinal energy transformed into claustrophobic symptoms and, along with this, Fizza has always experienced vivid dreams. A retrospective method of Jungian dream-analysis was applied to locate the origins of the splitting in the unconscious. The result was the revelation of a sexual harassment trauma at the age of six-years which was displaced in the form of self-harm. In addition to this, the presence of a conflict at the separation-individuation stage was detected during the dream-analysis, and it was the underlying explanation of the claustrophobic symptoms. This qualitative case study implicates the use of a patient’s subjective experiences, such as dreams, to journey through the spiral of the unconscious in order to not only detect repressed memories but to use them in psychotherapy as a means of healing the patient.

Keywords: borderline personality disorder, dream-analysis, Electra complex, separation-individuation, splitting, unconscious

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966 Measuring Parliamentarian: Towards Analysing Members of Parliaments in Malaysia

Authors: Rosyidah Muhamad

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Democracies are premised on the idea that citizens can hold their leaders accountable for their actions by voting for or against them in regular elections. However, in order this ideal to be realized, citizens must possess a minimum amount of information about their leaders’ performance. Citizens should be made aware of the performance of their elected representatives. This study seeks to analyse this critical information with special reference to Malaysian Parliamentarians (MPs). We adopted several existence Parliamentary Performance model with special reference to their performance inside the parliament. Among indicators used by the Scholastic for analysing this performance are the number of bills proposed by parliamentarian, the number of proposals that would benefit their constituency, the number of speeches made by the parliamentarian during plenary and the percentage of laws passed among the proposals made by certain parliamentary. The broad goals of the study include the analysis of the capacity of a representative body to accommodate the diverse claims and demands that are made on it. We find that overall performances of MPs are average. This is due to not only the background characteristic of individuals MPs but also the limitation of the mechanism provides in the Parliament itself.

Keywords: member of parliament, democracy, evaluation, Malaysia

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965 Positioning Food Safety in Halal Assurance

Authors: Marin Neio Demirci, Jan Mei Soon, Carol A. Wallace

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Muslims follow the religion of Islam and the food they eat should be Halal, meaning lawful or permissible. Muslims are allowed to eat halal and wholesome food that has been provided for them. However, some of the main prohibitions are swine flesh, blood, carrion, animals not slaughtered according to Islamic laws and alcoholic drinks. At present Halal assurance is in a complicated state, with various Halal standards differing from each other without gaining mutual acceptance. The world is starting to understand the need for an influential globally accepted standard that would open doors to global markets and gain consumer confidence. This paper discusses issues mainly related to food safety in Halal assurance. The aim was to discover and describe the approach to food safety requirements in Halal food provision and how this is incorporated in the Halal assurance systems. The position of food safety regulation within Halal requirements or Halal standards’ requirements for food safety is still unclear. This review also considers whether current Halal standards include criteria in common with internationally accepted food hygiene standards and emphasizes the potential of using the HACCP system for Halal assurance.

Keywords: certification, GHP, HACCP, Halal standard

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964 Regaining Control of Democracy: How National Courts Strategically Utilize Foreign and International Law

Authors: Rana Nasiri, Hamid Vahidkia

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Recently, most courts in democratic nations were hesitant to consider foreign and international law. Their approach was to steer clear of using foreign sources of law that conflicted with their own government's stance. Numerous legal experts consider turning to foreign and international law unsuitable. However, those who advocate for using external sources of law also believe that relying on foreign and international law will always be in conflict with the importance of national sovereignty. Therefore, the academic discussion revolves around the commonly known broader debate on ‘the counter-majoritarian difficulty’. This article challenges the idea of tension. It suggests that in many democratic nations' legal systems, including those in the U.S., using foreign and international law can help strengthen domestic democratic processes by protecting them from outside economic, political, and legal influences. Citing international law supports domestic democratic processes and regains national sovereignty from various globalization forces. In other words, national courts must consider foreign and international law to uphold their national political institutions and protect their own status in relation to political branches.

Keywords: international law, social science, US, democracy, politics

Procedia PDF Downloads 45
963 A Review of the Literature on Factors Impacting Women’s Retention in Science, Technology, Engineering, Mathematics: A Critical Analysis of Nigeria and Georgia

Authors: Josephine O. Okocha, Ifeanyi Adigwe

Abstract:

This research aims to examine the factors impacting women's retention in STEM in Nigeria and Georgia. In a bid to come up with strategies to enhance women’s participation in STEM, this study identifies and juxtaposes the factors impacting the retention of women in STEM and how they vary from one country to another are discussed. This study adopted the literature review method to perform the critical analysis. A total of 76 papers were retrieved from the Scopus database and were published between 2018 and 2023. Only 12 papers met the criteria for inclusion in the analysis. The findings reveal that the factors impacting women’s retention in STEM include funding (NGOs and government agencies), scholarship, specialized recruitment, mentoring, the establishment of women-only higher institutions, creating a balanced work and family environment, combating stereotypes, and enabling policies and laws. The paper highlights some key recommendations to help improve the retention of women in STEM in Africa and Nigeria in particular.

Keywords: STEM, women, retention, career, Nigeria, Georgia, women’s retention, women representation

Procedia PDF Downloads 73
962 Shifting Constitutionalism: An Analysis of Emerging Paradigms within the United Kingdom

Authors: Stephen Clear

Abstract:

Brexit, the relationship between devolved administrations, and Westminster, as well as recent Supreme Court judgments, all evidence that traditional paradigms in the divide between legal and political constitutionalism are changing within the United Kingdom. Whilst not mutually exclusive concepts, these latest constitutional developments suggest that the UK is about to embark upon radical constitutional reform over the course of the next decade. Such will systematically redefine the roles and relationships of each of the three arms of the State. In mapping these three latest events, this paper starts by defining constitutionalism as a jurisprudential concept, from the Age of Enlightenment, through to its present day manifestations in 2020. Such thereafter explains why the UK is seeking to move further away from political constitutionalism, and instead towards an increased reliance on newly defined laws and rules, particularly given that the UK now has a government with a stronger working majority following the general election results in 2019. In doing so, this paper concludes by commenting upon recent concerns surrounding the potential for the politicization of the judiciary within the United Kingdom, at a time when the UK Prime Minister is seeking to redefine the country’s constitutional rulebook.

Keywords: United Kingdom, Brexit, constitutionalism, law, politics, constitutional reform, separation of powers

Procedia PDF Downloads 139
961 A Case Study of Assessing the Impact of Electronic Payment System on the Service Delivery of Banks in Nigeria

Authors: Idris Lawal

Abstract:

Electronic payment system is simply a payment or monetary transaction made over the internet or a network of computers. This study was carried out in order to assess how electronic payment system has impacted on banks service delivery, to examine the efficiency of electronic payment system in Nigeria and to determine the level of customer's satisfaction as a direct result of the deployment of electronic payment systems. It is an empirical study conducted using structured questionnaire distributed to officials and customers of Access Bank plc. Chi-square(x2) was adopted for the purpose of data analysis. The result of the study showed that the development of electronic payment system offer great benefit to bank customers including improved services, reduced turn-around time, ease of banking transaction, significant cost saving etc. The study recommends that customer protection laws should be properly put in place to safeguard the interest of end users of e-payment instruments.

Keywords: bank, electronic payment systems, service delivery, customer's satisfaction

Procedia PDF Downloads 399
960 Defence Diplomacy and Collective Security in Africa: Case of Rwanda Defence Forces

Authors: Emmanuel Mugiraneza

Abstract:

Rwanda uses defence diplomacy to pursue international collective security through different mechanisms. This paper shows that with an intent of promoting international collective security, Rwanda has constituted its defense diplomacy policy in three standpoints. First, Rwanda has formed strategic cooperation alliances with state actors, regional and international Organizations that enables her to participate in and promote international collective peace, security and cooperation. Secondary, Rwanda uses defence diplomacy to foster cooperation in to pre-empt, minimize and neutralize potential triggers that would lead to the outbreak of international conflict. Thirdly, Rwanda implements defence diplomacy policy strategy through internationally recognized operational and tactical standards while dispelling hostilities, assisting the friendly nation’s forces and or building and maintaining public confidence and trust in the areas where Rwanda Defence Force deploys for peacekeeping missions in Sudan, South Sudan, Central African Republic and Mozambique for a counterterrorism mission.

Keywords: defence diplomacy, collective security, Rwanda, Peacekeeping

Procedia PDF Downloads 126
959 Quantum Technologies, the Practical Challenges to It, and Ideas to Build an Inclusive Quantum Platform, Shoonya Ecosystem (Zero-Point Energy)

Authors: Partha Pratim Kalita

Abstract:

As sound can be converted to light, light can also be deduced to sound. There are technologies to convert light to sound, but there are not many technologies related to the field where sound can be converted to a distinct vibrational sequence of light. Like the laws under which the principles of sound work, there are principles for the light to become quantum in nature. Thus, as we move from sound to the subtler aspects of light, we are moving from 3D to 5D. Either we will be making technologies of 3D in today’s world, or we will be really interested in making technologies of the 5D, depends on our understanding of how quantum 5D works. Right now, the entire world is talking about quantum, which is about the nature and behavior of subatomic particles, which is 5D. In practice, they are using metals and machines based on atomic structures. If we talk of quantum without taking note of the technologies of 5D and beyond, we will only be reinterpreting relative theories in the name of quantum. This paper, therefore, will explore the possibilities of moving towards quantum in its real essence with the Shoonya ecosystem (zero-point energy). In this context, the author shall highlight certain working models developed by him, which are currently in discussion with the Indian government.

Keywords: quantum mechanics, quantum technologies, healthcare, shoonya ecosystem, energy, human consciousness

Procedia PDF Downloads 195
958 A Decision Tree Approach to Estimate Permanent Residents Using Remote Sensing Data in Lebanese Municipalities

Authors: K. Allaw, J. Adjizian Gerard, M. Chehayeb, A. Raad, W. Fahs, A. Badran, A. Fakherdin, H. Madi, N. Badaro Saliba

Abstract:

Population estimation using Geographic Information System (GIS) and remote sensing faces many obstacles such as the determination of permanent residents. A permanent resident is an individual who stays and works during all four seasons in his village. So, all those who move towards other cities or villages are excluded from this category. The aim of this study is to identify the factors affecting the percentage of permanent residents in a village and to determine the attributed weight to each factor. To do so, six factors have been chosen (slope, precipitation, temperature, number of services, time to Central Business District (CBD) and the proximity to conflict zones) and each one of those factors has been evaluated using one of the following data: the contour lines map of 50 m, the precipitation map, four temperature maps and data collected through surveys. The weighting procedure has been done using decision tree method. As a result of this procedure, temperature (50.8%) and percentage of precipitation (46.5%) are the most influencing factors.

Keywords: remote sensing, GIS, permanent residence, decision tree, Lebanon

Procedia PDF Downloads 134
957 Gandhi and the Judicial Discourse on Moral Rights

Authors: Sunayana Basu Mallik, Shishira Prakash

Abstract:

The inclusion of Rights of Author (Moral and Personal Rights) resonate the century long battle of rights of authors, composers, performers across developed and developing countries (whether following civil law or common law systems). But, the juxtaposition of author’s special, moral, personal rights within the legislative framework of Copyright statutes (Indian Copyright Act, 1957, applicable statutes) underscores the foundational role of the right which goes to the root of the constitutional structure of India and philosophies of political and literary leaders like Mahatma Gandhi and Gurudeb Rabindranath Tagore. In the pre-independence era when the concept of moral rights was unknown to both England and India’s statutory laws, the strategic deployment method of Gandhi, his ideologies and thoughts scripted the concept of moral rights for authors/composers. The preservation of Rabindric Style (Characteristic Tagore’s vocal renditions) by Vishwabharati University (successor in interest for Tagore’s literary and musical compositions) prior to the Copyright Amendment of 1999 recognizing Author’s Special Rights in line with 6bis of Berne Convention invigorates the fact that the right existed intrinsically prior to the legislative amendment. The paper would in addition to the academic probe carry out an empirical enquiry of the institution’s (Navjivan Trust and Vishwa Bharati University’s) reasoning on the same. The judicial discourse and transforming constitutional ideals between 1950s till date in India alludes Moral Rights to be an essential legal right which have been reasoned by Indian Courts based on the underlying philosophies in culture, customs, religion wherein composers and literary figures have played key roles in enlightening and encouraging the members of society through their literary, musical and artistic work during pre-independence renaissance of India. The discourses have been influenced by the philosophies reflected in the preamble of the Indian constitution, ‘socialist, secular, democratic republic’ and laws of other civil law countries. Lastly, the paper would analyze the adjudication process and witness involvement in ascertaining violations of moral rights and further summarize the indigenous and country specific economic thoughts that often chisel decisions on moral rights of authors, composers, performers which sometimes intersect with author’s right of privacy and against defamation. The exclusivity contracts or other arrangements between authors, composers and publishing companies not only have an erosive effect on each thread of moral rights but irreparably dents factors that promote creativity. The paper would also be review these arrangements in view of the principles of unjust enrichment, unfair trade practices, anti-competitive behavior and breach of Section 27 (Restrain of Trade) of Indian Contract Act, 1857. The paper will thus lay down the three pillars on which author’s rights in India should namely rest, (a) political and judicial discourse evolving principles supporting moral rights of authors; (b) amendment and insertion of Section 57 of the Copyright Act, 1957; (c) overall constitutional framework supporting author’s rights.

Keywords: copyright, moral rights, performer’s rights, personal rights

Procedia PDF Downloads 194