Search results for: disputes

Authors: Julia A. Ermakova

Abstract:

In today's multicultural societies, dialogue, self-respect, and cultural etiquette play a vital role in fostering mutual respect and understanding. Whether viewed from an Islamic or secular perspective, the importance of these values cannot be overstated. Firstly, dialogue is essential in multicultural societies as it allows individuals from different cultural backgrounds to exchange ideas, opinions, and experiences. To engage in dialogue, one must be open and willing to listen, understand, and respect the views of others. This requires a level of self-awareness, where individuals must know themselves and their interlocutors to create a productive and respectful conversation. Secondly, self-respect is crucial for individuals living in multicultural societies (McLarney). One must have adequately high self-esteem and self-confidence to interact with others positively. By valuing oneself, individuals can create healthy relationships and foster mutual respect, which is essential in diverse communities. Thirdly, cultural etiquette is a way of demonstrating the beauty of one's culture by exhibiting good temperament (Al-Ghazali). Adab, a concept that encompasses good manners, praiseworthy words and deeds, and the pursuit of what is considered good, is highly valued in Islamic teachings. By adhering to Adab, individuals can guard against making mistakes and demonstrate respect for others. Islamic teachings provide etiquette for every situation in life, making up the way of life for Muslims. In the Islamic view, an elegant Muslim woman has several essential qualities, including cultural speech and erudition, speaking style, awareness of how to greet, the ability to receive compliments, lack of desire to argue, polite behavior, avoiding personal insults, and having good intentions (Al-Ghazali). The Quran highlights the inclination of people towards arguing, bickering, and disputes (Qur'an, 4:114). Therefore, it is imperative to avoid useless arguments and disputes, for they are poison that poisons our lives. The Prophet Muhammad, peace and blessings be upon him, warned that the most hateful person to Allah is an irreconcilable disputant (Al-Ghazali). By refraining from such behavior, individuals can foster respect and understanding in multicultural societies. From a secular perspective, respecting the views of others is crucial to engage in productive dialogue. The rule of argument emphasizes the importance of showing respect for the other person's views, allowing for the possibility of error on one's part, and avoiding telling someone they are wrong (Atamali). By exhibiting polite behavior and having respect for everyone, individuals can create a welcoming environment and avoid conflict. In conclusion, the importance of dialogue, self-respect, and cultural etiquette in multicultural societies cannot be overstated. By engaging in dialogue, respecting oneself and others, and adhering to cultural etiquette, individuals can foster mutual respect and understanding in diverse communities. Whether viewed from an Islamic or secular perspective, these values are essential for creating harmonious societies.

Keywords: multiculturalism, self-respect, cultural etiquette, adab, ethics, secular perspective

Procedia PDF Downloads 88

Authors: Bo Sun, Ni Zhong

Abstract:

Bilateral investment treaties have played a role in the construction of the Belt and Road, providing institutional protection for Chinese companies' overseas investments. However, such treaties between China and countries along the Belt and Road were signed in the 1980s and 1990s, and their provisions are outdated and insufficiently detailed to provide adequate legal protection for Chinese investors when they initiate investment arbitration against host countries. By studying cases involving China in international investment arbitration, this paper suggests that China should pay attention to further clarifying the identity of "investors", the scope of disputes that can be submitted to arbitration, and the concept of "indirect expropriation" when updating bilateral investment treaties in the future, in order to reduce the risk of losing cases for Chinese investors.

Keywords: belt and road, bilateral investment agreement, investment arbitration, indirect expropriation

Procedia PDF Downloads 256

Authors: Thusitha B. Abeysekara, M. A. Nihal Chandrathilake

Abstract:

The aim of this research is to examine the legal mechanism of resolving maritime disputes by arbitration, and it would be a reference point on the analysis of USA approaches. In doing so, the research aims to analyse the relevant legal principles in the context of current maritime arbitration practices in selected jurisdictions. The research also aims to analyse the advantages and applicability of arbitration in maritime dispute settlements over the litigation and further approaches the role of specialist maritime arbitration institutes in the USA and the position of international merchant organizations in maritime arbitration. Further, research values the legislative aspects of maritime arbitration. The study would evaluate the contemporary issues in maritime arbitration practices in the USA and further analyses the statistical information on maritime arbitration. Finally, the research made remarks to often parallel consequence in USA legal systems in maritime arbitration and despite the fundamental divergences of the applicable principles and practices of maritime arbitration. The research finally suggests the doctrine should reshape with equitable remedies and international maritime arbitration practices with its institutional impact rather than using as statutory rules related maritime arbitration.

Keywords: arbitration, international shipping, maritime dispute, New York convention

Procedia PDF Downloads 221

Authors: Elmo Thiago Lins Cöuras Ford, Valentina Alessandra Carvalho do Vale

Abstract:

With the evolution of the productive processes, demonstrated mainly by the presence every time larger of the irrigation and to crescent it disputes for water, accompanied by your shortage (distances every time larger), there is need to project facilities that can provide supply of water with larger speed and efficiency. Being like this, the presence of hydraulic pumps in an irrigation project or water supply for small communities, is of highest importance, and the knowledge of the fundamental parts to your good operation it deserves the due attention and care. Hydraulic pumps are machines of flow, whose function is to supply energy for the water, in order to press down her, through the conversion of mechanical energy of your originating from rotor a motor the combustion or of an electric motor. This way, the hydraulic pumps are had as generating hydraulic machines. The objective of this work was to project and to build a radial centrifugal pump for agricultural application in small communities.

Keywords: centrifuge pump, hydraulic energy, agricultural applications, irrigation

Procedia PDF Downloads 371

Authors: He YuanYan

Abstract:

In recent years, China has implemented the reform of land and space planning. As an important public policy, land and space planning plays a vital role in the construction and development of cities. Land and space planning throughout the country is in full swing, but there are still many disputes from all walks of life. The content, scope, and specific implementation process of land and space planning are also ambiguous, leading to the integration of multiple regulation problems such as unclear authority, unclear responsibilities, and poor planning results during the implementation of land and space planning. Therefore, it is necessary to sort out the development and evolution of domestic and foreign land space planning, clarify the problems and cruxes from the current situation of China's land space planning, and sort out the obstacles and countermeasures to the implementation of this policy, so as to deepen the understanding of the connotation of land space planning. It is of great practical significance for all planners to correctly understand and clarify the specific contents and methods of land space planning and to smoothly promote the implementation of land space planning at all levels.

Keywords: territorial spatial planning, public policy, land space, overall planning

Procedia PDF Downloads 131

Authors: Meshari Aljohani, Stephan Olariu, Ravi Mukkamala

Abstract:

Data is essential for enhancing the quality of life. Its value creates chances for users to profit from data sales and purchases. Users in data marketplaces, however, must share and trade data in a secure and trusted environment while maintaining their privacy. The first main contribution of this paper is to identify enabling technologies and challenges facing the development of decentralized data marketplaces. The second main contribution is to propose a decentralized data marketplace framework based on blockchain technology. The proposed framework enables sellers and buyers to transact with more confidence. Using a security deposit, the system implements a unique approach for enforcing honesty in data exchange among anonymous individuals. Before the transaction is considered complete, the system has a time frame. As a result, users can submit disputes to the arbitrators which will review them and respond with their decision. Use cases are presented to demonstrate how these technologies help data marketplaces handle issues and challenges.

Keywords: blockchain, data, data marketplace, smart contract, reputation system

Procedia PDF Downloads 158

Authors: M. Takhtravanchi, C. Pathirage

Abstract:

In the construction industry, project members are conveyor of project knowledge which is, often, not managed properly to be used in future projects. As construction projects are temporary and unique, project members are willing to be recruited once a project is completed. Therefore, poor management of knowledge across construction projects will lead to a considerable amount of knowledge loss; the ignoring of which would be detrimental to project performance. This issue is more prominent in projects undertaken through the traditional procurement system, as this system does not incentives project members for integration. Thus, disputes exist between the design and construction phases based on the poor management of knowledge between those two phases. This paper aims to highlight the challenges of the knowledge management that exists within the traditional procurement system. Expert interviews were conducted and challenges were identified and analysed by the Interpretive Structural Modelling (ISM) approach in order to summarise the relationships among them. Two identified key challenges are the Culture of an Organisation and Knowledge Management Policies. A knowledge of the challenges and their relationships will help project manager and stakeholders to have a better understanding of the importance of knowledge management.

Keywords: challenges, construction industry, knowledge management, traditional procurement system

Procedia PDF Downloads 432

Authors: Muhammad Samiullah

Abstract:

Religion and spirit always goes side by side. In this era spirit and religion are studied separately with thought of an anti-religious phenomenon is there with its vast impacts. Non-religious mind and religious one have a lot of things that differs, they have spiritual struggles.so there is theme arises that is in the name of non-religious spirituality(SBNR). The thinking prevailing in west and now in east in reverse of the religious institutional thought and spirituality. Religious disputes created an image to the world that is nontolerant and companionate, rising a question of god existence and self-existence. Thus giving rise in Atheism, nihilism, free thinking. The thinking of spirituality also gone in another side with superstitions and spiritual meditation. Christian religious bodies and scholar criticized the stance with their religious aspect but there should be an Islamic counter narrative should be there. Here in this dissertation the phenomenon is addressed and analyzed in respect with some of the literature presented from 2014 till present year. The phenomenon was not analyzed before in broader sense. There are some introductory and static views presented in this regard. So there is a literature gap to be filled by this effort, the Muslim counter narrative is still not there though Christians do their part.

Keywords: SBNR, non-spirituality, superstitions, Sam Harris

Procedia PDF Downloads 91

Authors: Manthekeleng Linake, Fesi Liziwe

Abstract:

The ongoing argument over the use of English as a learning and teaching language in schools was examined in this study. The nature of the language proficiency gap is particularly relevant in light of the present emphasis on learning and educational quality in contemporary debates, as well as the education sustainable development goal. As a result, an interpretivist paradigm, a qualitative technique, and a case study-based research design were used in the work. Two school principals, two teachers, two members of the School Governing Body (SGB), and four learners were chosen using purposive sampling from two schools in the Amathole West Education District. The researchers were able to acquire in-depth information on the disputes surrounding the use of English as a language of learning and teaching by using semi-structured interview questions and focus groups. Despite knowing that they do not have the potential to do well in English, teachers found that despite appreciating the value of mother tongue and cultural identity, they prefer to use English as the language of teaching in schools. The findings, on the other hand, revealed that proponents of mother-language-based education argue that learning one's mother tongue is a human right.

Keywords: English first additional language learners, social justice, human capabilities, language proficiency

Procedia PDF Downloads 141

Authors: K. C. Mujeebu Rahman

Abstract:

Over the years, discussions in India regarding personal law in India have focused on its deficiencies, increasing involvement of the judiciary, and the pursuit of uniformity. However, little attention has been given to understanding how the law functions in a multicultural nation committed to political secularism. This paper addresses this gap by exploring the mahallu system in Malabar, shedding light on the decision-making process within Muslim personal law. It reveals that this process is deeply rooted in everyday micro-politics, sectarian dynamics, social pressure, and emotions. Through an in-depth examination of a triple talaq case, the paper demonstrates how love (or the lack of it), family expectations, and community authority intersect in resolving marital disputes. Instead of a straightforward legal interpretation, this process leads to a complex maze of micro-politics involving local religious factions and authorities. The paper underscores that the non-state quasi-legal institutions within the mahallu system represent a distinct form of legal pluralism characterized by intricate power dynamics at multiple levels. Moreover, it highlights the interplay between what is considered legally valid and what is deemed socially legitimate.

Keywords: islamic law, sharia, fatwa, muslim personal law

Procedia PDF Downloads 65

Authors: Chie Urawa

Abstract:

Cautionary statements or disclaimers in corporate annual reports need to be carefully designed because clear cautionary statements may protect a company in the case of legal disputes and may undermine positive impressions. This study compares the language of cautionary statements using two corpora, Sony’s cautionary statement corpus (S-corpus) and Panasonic’s cautionary statement corpus (P-corpus), illustrating the differences and similarities in relation to the use of meaningful cautionary statements and critically analyzing why practitioners use the way. The findings describe the distinct differences between the two companies in the presentation of the risk factors and the way how they make the statements. The word ability is used more for legal protection in S-corpus whereas the word possibility is used more to convey a better impression in P-corpus. The main similarities are identified in the use of lexical words and pronouns, and almost the same wordings for eight years. The findings show how they make the statements unique to the company in the presentation of risk factors, and the characteristics of specific genre of professional communication. Important implications of this study are that more comprehensive approach can be applied in other contexts, and be used by companies to reflect upon their cautionary statements.

Keywords: cautionary statements, corporate annual reports, corpus, risk factors

Procedia PDF Downloads 171

Authors: Yongmei Li, Chang-Gun Park

Abstract:

China-Japan-South Korea (CJK) trilateral cooperation has experienced historical challenges in recent years, which negatively influenced the development of their relationship. Results of the interviews with three citizens on trilateral relations illustrate that most people are concerned with the historical conflicts among CJK. This paper specifically focuses on managing historical issues, including comfort women issues, territorial disputes, and divergence in historical education. Accordingly, the effectiveness of management of tensions productively provides a method for detecting historical concerns, managing issues, and connecting the three countries and citizens through advocating for fair media reporting, effective network institutionalization, and active local government cooperation. Furthermore, this paper contributes to providing government solutions for reinforcing the CJK partnership. It specially involves history education, East Asian identity and mutual trust establishment, East Asia intra-regional exchange programs, and reorganization of the role of the Trilateral Cooperation Secretariat (TCS).

Keywords: China-Japan-South Korea, trilateral cooperation, government solutions, effectiveness of management, historical conflicts

Procedia PDF Downloads 112

Authors: M. Macchiaroli, V. Pellecchia, L. Dolores

Abstract:

The water supply for production users (craft, commercial, industrial), understood as the set of water supply and wastewater collection services becomes an increasingly felt problem in a water scarcity regime. In fact, disputes are triggered between the different social parties for the fair and efficient use of water resources. Within this aspect, the problem arises of the different pricing of services between civil users and production users. Of particular interest is the question of defining the tariff classes depending on consumption levels. If for civil users, this theme is strongly permeated by social profiles (a topic dealt with by the author in a forthcoming research contribution) connected with the inalienability of the right to have water and with the reconciliation of the needs of the weakest groups of the population, for consumers in the production sector the logic adopted by the manager may be inspired by criteria of greater corporate rationality. This work illustrates the Italian regulatory framework and shows an optimization model of tariff classes in the production sector that reconciles the public objective of sustainable use of the resource and the needs of a production system in search of recovery after the depressing effects caused by COVID-19 pandemic.

Keywords: decision making, economic evaluation, urban water management, water tariff

Procedia PDF Downloads 113

Authors: Dong Wook Lee, Seung Hyun Kim

Abstract:

Geological structure formed by volcanic activities shows polymorphic characteristics due to repeated cooling and hardening of lava. The Jeju region is showing polymorphic characteristics in which clinker layers are irregularly distributed along with vesicular basalt due to volcanic activities. Accordingly, resident damages and environmental disputes occur frequently in the Jeju region due to blasting. The purpose of this study is to develop a blast vibration equation considering the polymorphic characteristics of basaltic ground in Jeju. The blast vibration equation consists of a functional formula of the blasting vibration constant K that changes according to ground characteristics, and attenuation index n. The case study results in Jeju showed that if there are clinker layers, attenuation index n showed a distribution of -1.11~-1.87, whereas if there are no clinker layers, n was -2.79. Moreover, if there are no clinker layers, the frequency of blast vibration showed a high frequency band from 30Hz to 100Hz, while in rocks with clinker layers it showed a low frequency band from 10Hz to 20Hz.

Keywords: blast vibration equation, basaltic ground, clinker layer, blasting vibration constant, attenuation index

Procedia PDF Downloads 407

Authors: Romina Beqiri

Abstract:

In the context of the prosecution of those responsible for the commission of the most hideous crimes and the fight against impunity, a fundamental role is played by witnesses of the crimes who contribute to ascertaining the ‘procedural truth’. This article examines recent decisions and legislation of the Hague-based International Criminal Court in terms of the endangerment of the integrity of the criminal proceedings in consequence of witness tampering. The analysis focuses on the new developments in the courtroom and the academia, in particular, on the first-ever sentence confirming the charges of corruptly influencing witnesses, interpretation of presenting false evidence and giving false testimony when under an obligation to tell the truth. Confronted with recent tampering with witnesses and their credibility at stake in the ongoing cases, the research explores different Court’s decisions and scholars’ legal disputes concerning the deterrence approach to punish the authors of offences against the administration of justice when committed intentionally. Therefore, the analysis concludes that the Court cannot tolerate any witness false testimony and should enhance consistency and severity of sanctions for the sake of fair trial and end impunity.

Keywords: International Criminal Court, administration of justice, credibility of witness, fair trial, false testimony, witness tampering

Procedia PDF Downloads 170

Authors: Samuel Onyekachi Chidi

Abstract:

Nigeria today faces more internal threats stemming from ethnic and religious conflicts than external sources. This article seeks to examine the ethno-religious conflicts in Nigeria from 2015 to 2021 and their impact on national security. The research was guided by six objectives. The theoretical framework adopted for this study is Structural Conflict Theory, which provides an adequate explanation, a predictive rationale for the frequent occurrence of ethno-religious conflicts and a tendency to provide the necessary insight for their resolution. The results of the study revealed that there is a strong relationship between ethnicity, religion, conflict and national security and that the ethno-religious conflicts experienced in Nigeria have gross implications for national security. The study recommends that the secularity of the Nigerian state be restored and preserved and that the state of origin be removed and replaced by the state of residence in all our national documents, as this will reduce ethnic identity, which is in opposition to nationalism. Religious leaders, traditional rulers, the media and other stakeholders should support the government in its fight to reduce ethno-religious conflict by sensitizing its youth, preaching unity and peaceful coexistence, and discouraging the use of violence as a means of settling disputes between groups and individuals.

Keywords: ethnicity, religion, conflict, national security

Procedia PDF Downloads 76

Authors: Albina Muratbekova

Abstract:

One of the main tensions and challenges in the development of Sino-Indian relation is the demarcation of its frontiers. The fact that throughout the history borders had never been demarcated on ground occur a dispute between China and India after receiving sovereignty. Boundaries of India and China are divided into three sectors: Eastern, Middle and Western. The middle sector runs from India’s Uttar Pradesh to the Punjab, 545 km length of the Line of Actual Control, the lines of which was confirmed at the 9th meeting of the Expert Group held in 2001, in New Delhi. Other two sectors are still not determined and cause disputes. A western sector of the frontier is the Aksai Chin plateau, covers areas of Ladakh, Tibet, and Sinkiang. Another disputed area lies in the Eastern sector in the Himalayan region, which after 1986 became the Indian state called Arunachal Pradesh. There are two different approaches in the ways of resolving the border dispute. Chinese side keeps an opinion that the border dispute must be resolved in a timely matter unless it is favorable for China, the resolution can be left to a later generation. While India’s government due to security reasons is eager to demarcate the border. In order to study this conflict was used as a descriptive-comparative-analytical method. Also, it was done a profound analyze of conflict nature.

Keywords: border dispute, China, India, territorial claim

Procedia PDF Downloads 308

Authors: Ziwei Huang

Abstract:

In order to promote Inventory development in Shenzhen, the market-oriented real estate development mode has occupied a dominant position in the urban renewal activities of Shenzhen. This research is based on the theory of role relationship and urban regime, taking the Mutoulong community as the research object. Carries on the case depth analysis found that: Under the situation of absence and dislocation of the government's role, land property rights disputes and lack of communication platforms is the main reason for the problems of nail households and market failures, and the long-term delay in the progress of old city reconstruction. Through the analysis of the cause of the transformation problem and the upper planning and interest coordination mechanism, the optimization strategy of the old city transformation is finally proposed as follows: the establishment of interest coordination platform, the risk assessment of the government's intervention in the preliminary construction of the land, the adaptive construction of laws and regulations, and the re-examination of the interest relationship between the government and the market.

Keywords: Shenzhen city, Mutoulong community, urban regeneration, urban regime theory, role relationship theory

Procedia PDF Downloads 96

Authors: Ahmed A. Mohamed Aly

Abstract:

Ground movements induced from excavations is a major cause of deformation and damage to the adjacent buildings and utilities. With the increasing rate of construction work in urban area, this problem is growing more significant and has become the cause of numerous legal disputes. This problem is investigated numerically in the present study using finite element method. Five-story reinforced concrete building rests on raft foundation is idealized as two dimensional model. The building is considered to be constructed adjacent to excavation affected by an adjacent excavation in medium sand. Excavation is supported using sheet pile wall. Two dimensional plane strain program PLAXIS is used in this study. 15 nodes triangular element is used to idealize soil with Mohr-Coulomb model. Five nodes isoperimetric beam element is used to idealize sheet pile and building. Interface element is used to represent the contact between beam element and soil. Two parameters were studied, the first is the foundation depth and the second is the building distance from the excavation. Nodal displacements and elements straining actions were obtained and studied from the analyzed finite element model results.

Keywords: excavation, relative distance, effective stresses, lateral deformation, relative depth

Procedia PDF Downloads 138

Authors: Gert Van Schalkwyk, Chris Cloete

Abstract:

South Africa is experiencing a massive housing backlog in urban low-cost housing. A backlog in the transfer of low-cost housing units is exacerbated by various impediments and delays that exist in the current legal framework. Structured interviews were conducted with forty-five practicing conveyancers and fifteen deeds office examiners at the Deeds Office in Pretoria, South Africa. One of the largest, the Deeds Office in Pretoria implements a uniform registration process and can be regarded as representative of other deeds offices in South Africa. It was established that a low percentage of low-cost properties are freely transferable. The main economic impediments are the absence of financing and the affordability or payment of rates and taxes to local government. Encroachment of buildings on neighboring stands caused by the enlargement of existing small units on small stands also causes long-term unresolved legal disputes. In addition, as the transfer of properties is dependent on the proper functioning of administrative functions of various government departments, the adverse service delivery of government departments hampers transfer. Addressing the identified problems will contribute to a more sustainable process for the transfer of low-cost housing units in South Africa.

Keywords: conveyancing, low-cost housing, South Africa, tenure, titling, transfer

Procedia PDF Downloads 135

Authors: Sungwoo Park

Abstract:

The paper attempts to investigate the correlation between climate change and migration that has caused violent disputes in some regions of the world. Recently, NGOs and educational institutions have proposed claims that migratory patterns and violent uprisings are intertwined with climate change. Thus, the paper is primarily concerned with collecting evidences provided from scholars, validating this significant connection between climate change and migration, and evaluating and suggesting current and future research approaches respectively to enhance the acknowledgment and protection of environmental refugees. In order to examine the linkage of environmental migration, primary sources, such as political speeches, and secondary sources like theses from environmental policy analysts, books, and reports are used. More specifically, the investigation focuses on an civil war in Syria to draw a connection between environmental migration and violent dispute that threatens the global security. The examination undertaken specifically analyzes examples where forced migration occurred due to climate change. In Bangladesh, Pakistan, and Kiribati, residents have been at risk of fleeing their countries because of abnormal climate patterns, such as the rise of sea level or an excessive heat stress. As the brutal uprising in Syria has proven that climate change can pose a significant threat to global security, correlation between climate change and migration is surely worth delving into.

Keywords: climate change, climate migration, global security, refugee crisis

Procedia PDF Downloads 346

Authors: Ronelle Prinsloo

Abstract:

Rule 41A was introduced to the Uniform Rules of Court with the intention of promoting alternative dispute resolution (ADR), specifically mediation, as a means of resolving disputes; its voluntary nature allows parties to explore mediation willingly without the imposition of a mandatory requirement. Defamation suits, often notorious for their protracted litigation timelines, could benefit from the streamlined efficiency offered by mandatory rule 41A processes. Mediation, when mandated, could serve as a swift alternative, alleviating the burden on the court system and providing expedited relief to aggrieved parties. By incorporating a mandatory mediation step, parties might be encouraged to engage in a more constructive dialogue at an earlier stage, potentially fostering resolutions that might be elusive within the confines of protracted courtroom battles. This expedited resolution could not only benefit the litigants involved but also contribute to the broader efficiency and efficacy of the legal system. However, the application of rule 41A in defamation cases raises intriguing questions about its effectiveness in balancing the scales between freedom of expression and the protection of reputation. In considering the potential merits of making rule 41A mandatory in defamation cases, a key consideration is the prospect of expeditious and cost-effective resolution.

Keywords: constitution of South Africa, defamation, litigation, mandatory, mediation

Procedia PDF Downloads 18

Authors: Sara Vora (Hoxha)

Abstract:

An essential feature of any international lawsuit is the ability of the parties to pick the law that would apply in the event of a tort claim. This option to choose the law to use in tort cases is based on Article 14 and 4/3 of the Rome II Regulation. The purpose of this article is to examine the boundaries of this freedom, as well as its relevance in international legal disputes. The article opens with a brief introduction to the basics of tort law. After a short introduction, the article demonstrates why Article 14 and 4/3 of the Rome II Regulation are so crucial to the right to select appropriate law in tort cases. The notion of the right to select the law to use in tort cases is examined, along with its breadth and possible restrictions. The article presents case studies to demonstrate how the right to select relevant law in tort might be put into practise. Case results and the judges' rationales for their rulings are examined. The possible influence of the right to select applicable law in tort on the process of harmonisation is also explored in this study. The results are summarised and the primary research question is addressed in the last section of the paper. In conclusion, the parties' ability to pick the law that rules their dispute via the freedom to choose relevant law in tort is a crucial feature of cross-border litigation. Despite certain restrictions, this freedom is nevertheless an important part of the legal structure that governs international conflicts.

Keywords: applicable law, tort, Rome II regulation, freedom to choose, cross-border litigation, harmonization of tort law

Procedia PDF Downloads 67

Authors: C. M. Cebola, V. H. Ferreira

Abstract:

In the past decade mediation has been legally implemented in European legal systems, especially after the publication by the European Union of the Directive 2008/52/EC on certain aspects of mediation in civil and mercantile matters. Developments in international trade and globalization in this new century have led to an increase of the number of litigations, often cross-border, and the courts have failed to respond adequately. We do not advocate that mediation should be promoted as the solution for all justice problems, but as a means with its own specificities that the parties may choose to consider as the best way to resolve their disputes. Thus, the implementation of mediation should be based on the advantages of its application. From the economic point of view, competitive negotiation can generate negative external effects in social terms. A solution reached in a court of law is not always the most efficient one considering all elements of society (economic social benefit). On the other hand, the administration of justice adds in economic terms transaction costs that can be mitigated by the application of other forms of conflict resolution, such as mediation. In this paper, the economic benefits of mediation will be analysed in the light of various studies on the functioning of justice. Several theoretical arguments will be confronted with empirical studies to demonstrate that mediation has significant positive economic effects. The objective is to contribute to the dissemination of mediation between companies and citizens, but also to demonstrate the cost to governments and states of still limited use of mediation, particularly in the current economic crisis and propose actions to develop the application of mediation.

Keywords: economic impact, litigation costs, mediation, solutions

Procedia PDF Downloads 280

Authors: Kisik Song, Sungjoo Lee

Abstract:

Recent years have seen an increasing number of patent disputes due to excessive competition in the global market and a reduced technology life-cycle; this has increased the risk of investment in technology development. While many global companies have started developing a methodology to identify promising technologies and assess for decisions, the existing methodology still has some limitations. Post hoc assessments of the new technology are not being performed, especially to determine whether the suggested technologies turned out to be promising. For example, in existing quantitative patent analysis, a patent’s citation information has served as an important metric for quality assessment, but this analysis cannot be applied to recently registered patents because such information accumulates over time. Therefore, we propose a new technology assessment model that can replace citation information and positively affect technological development based on post hoc analysis of the patents for promising technologies. Additionally, we collect customer reviews on a target technology to extract keywords that show the customers’ needs, and we determine how many keywords are covered in the new technology. Finally, we construct a portfolio (based on a technology assessment from patent information) and a customer-based marketability assessment (based on review data), and we use them to visualize the characteristics of the new technologies.

Keywords: technology assessment, patents, citation information, opinion mining

Procedia PDF Downloads 466

Authors: Shan Li, Qiuwen Ma

Abstract:

Integrated project delivery (IPD) is a project delivery method distinguished by a shared risk/rewards mechanism and multiparty agreement. IPD has drawn increasing attention from construction industry due to its reliability to deliver high-performing buildings. However, unavailable IPD specific insurance concerns the industry participants who are interested in IPD implementation. Even though the risk management capability can be enhanced using shared risk mechanism, some risks may occur when the partners do not commit themselves into the integrated practices in a desired manner. This is because the intense collaboration and close integration can not only create added value but bring new opportunistic behaviors and disputes. The study is aimed to investigate the risks of implementing IPD using Bayesian theory. IPD risk taxonomy is presented to identify all potential risks of implementing IPD and a risk network map is developed to capture the interdependencies between IPD risks. The conditional relations between risk occurrences and the impacts of IPD risks on project performances are evaluated and simulated based on Bayesian theory. The probability of project outcomes is predicted by simulation. In addition, it is found that some risks caused by integration are most possible occurred risks. This study can help the IPD project participants identify critical risks of adopting IPD to improve project performances. In addition, it is helpful to develop IPD specific insurance when the pertinent risks can be identified.

Keywords: Bayesian theory, integrated project delivery, project risks, project performances

Procedia PDF Downloads 300

Authors: Yuliya Radanova, Agnė Tvaronavičienė

Abstract:

With the growing trend for mandating parties of family conflicts to out-of-court processes, the adopted statutory regulations often remain silent on the way the voice of the child is integrated into the procedure. Convention on the Rights of the Child (Art. 12) clearly states the obligation to assure to the child who can form his or her own views the right to express those views freely in all matters affecting him. This article seeks to explore the way children participate in the mandatory mediation schemes applicable to family disputes in the European Union. A review of scientific literature and empirical data has been conducted on those EU Member States that coerce parties to family mediation to establish that different models of practice are deployed, and there is a lack of synchronicity on how children’s role in mediation is viewed. Child-inclusive mediation processes are deemed to produce sustainable results over time but necessitate professional qualifications and skills for the purpose of mediators to accommodate that such discussions are aligned with the best interest of the child. However, there is no unanimous guidance, standards or protocols on the peculiar characteristics and manner through which children are involved in mediation. Herewith, it is suggested that the lack of such rigorous approaches and coherence in an ever-changing mediation setting transitioning towards mandatory mediation models jeopardizes the importance of children’s voices in the process. Thus, it is suggested that there is a need to consider the adoption of uniform guidelines on the specific role children have in mediation, particularly in its mandatory models.

Keywords: family mediation, child involvement, mandatory mediation, child-inclusive, child-focused

Procedia PDF Downloads 74

Authors: Malik Imtiaz Ahmad

Abstract:

The development of In Vitro Fertilization (IVF) has revolutionized the field of reproductive medicine, offering hope to myriad individuals and couples facing infertility issues. IVF, a process involving the fertilization of eggs with sperm outside the body, has evolved over decades from an experimental procedure to a mainstream medical practice. The study sought to understand the evolution of IVF from its early stages to its present status as a groundbreaking fertility treatment. It also aimed to analyze the legal complexities surrounding IVF, including issues like embryo ownership, surrogacy agreements, and custody disputes. This research focused on the multidisciplinary approach involving both medical and legal fields. It aimed to explore the historical evolution of IVF, its techniques, and legal challenges concerning family law, health law, and privacy policies it has given rise to in modern times. This research aimed to provide insights into the intersection of medical technology and the law, offering valuable knowledge for policymakers, legal experts, and individuals involved in IVF. The study utilized various methods, including a thorough literature review, a historical analysis of IVF’s evolution, an examination of legal cases, and a review of emerging regulations. These approaches aimed to provide a comprehensive understanding of IVF and its modern legal issues, facilitating a holistic exploration of the subject matter.

Keywords: in vitro fertilization development, IVF techniques evolution, legal issues in IVF, IVF legal frameworks, ethical dilemmas in IVF

Procedia PDF Downloads 35

Authors: Saleh B. Mohamed, Mohamed H. Elhsnawi, Mesbah M. Salem

Abstract:

Current and future applications of small gas turbine engines annular type combustors have requirements presenting difficult disputes to the combustor designer. Reduced cost and fuel consumption and improved durability and reliability as well as higher temperatures and pressures for such application are forecast. Coupled with these performance requirements, irrespective of the engine size, is the demand to control the pollutant emissions, namely the oxides of nitrogen, carbon monoxide, smoke and unburned hydrocarbons. These technical and environmental challenges have made the design of small size combustion system a very hard task. Thus, the main target of this work is to generalize a calculation method of annular type combustors for small gas turbine engines that enables to understand the fundamental concepts of the coupled processes and to identify the proper procedure that formulates and solves the problems in combustion fields in as much simplified and accurate manner as possible. The combustion chamber in task is designed with central vaporizing unit and to deliver 516.3 KW of power. The geometrical constraints are 142 mm & 140 mm overall length and casing diameter, respectively, while the airflow rate is 0.8 kg/sec and the fuel flow rate is 0.012 kg/sec. The relevant design equations are programmed by using MathCAD language for ease and speed up of the calculation process.

Keywords: design of gas turbine, small engine design, annular type combustors, mechanical engineering

Procedia PDF Downloads 408

Authors: Fabian Flintoff

Abstract:

The nature of the workforce has changed radically over the last 50 years in terms of a wide range of factors, including its education levels, gender composition, and the status of workers. Despite extensive changes to the structure of the workforce, lawmakers and judges have shown a reluctance to reshape employment law. In particular, employment laws have not kept pace with the extensive use of flexible forms of employment, whether part-time, casual or agency employees. This paper focuses on recent attempts at legislative change in the state/provincial and federal jurisdictions in both Australia and Canada. Australian and Canadian employment laws share a common heritage and many similarities. However, there are significant differences in the way in which employment-based disputes are resolved. The Australian component of the paper considers the changes made by the Federal conservative Coalition government in 2021. The paper also reviews the proposals for change to regulating the gig economy made by the Canadian Federal government in the 2021 budget and the idea of a rebuttable presumption in favor of an employment relationship over a contract for services. The paper suggests that there are considerable institutional impediments to achieving pragmatic law reform that balances the interests of workers and employers. It concludes that there are strong interests in the legal and labor law community for continuing the status quo, despite the fact that it may negatively impact the most marginalized members of the workforce in Australia, Canada, and other jurisdictions.

Keywords: employment law, flexible employment, labor law, legislative reform

Procedia PDF Downloads 176