Search results for: the international covenant on civil and political rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 7175

Search results for: the international covenant on civil and political rights

6305 Assessment of Print Media Contribution to the Political Development of Nigeria

Authors: Majority Oji

Abstract:

The print media played a major role in the agitation for self-rule in Nigeria in the 1950s. It remains as a bastion of hope in the dark days of military rule in the country. But in the troubled waters of Nigeria’s politics, accusing fingers are pointed in the direction of the print media as problematic to the political development of the nation. Thus, Nigeria as a nation is torn between the paralyzing forces of political instability and the building powers of political stability. The press assigned a constitutional role to hold everyone, especially government officials accountable to the public, appears to be at the center of these forays. The paper takes a look at the strength and weakness of the print media as a stabilizing or destabilizing agent to the political development of Nigeria. Engaging in this study is essential and the findings fundamental to the sustainability of Nigeria’s nascent democracy. The study draws on the content analysis method. News items from major newspapers across the country were content analyzed to test the validity of the claims that the press serve as agent of political stability or political instability, and whether to accept or reject such claims. The study found that the press has published more stories that unite the people politically as found in the tested hypothesis which shows that P>0.05 implying that media publications are not significant to political instability of the nation regardless of the number of published news stories. The study recommends that all issues relating to professional and ethical standards that affect the practice of journalism in the print media should be addressed by regulatory bodies to starve of chances of information that could lead to intolerance being peddled in the print media.

Keywords: Nigeria, political instability, political stability, print media

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6304 An Empirical Study on the Impact of Peace in Tourists' Country of Origin on Their Travel Behavior

Authors: Claudia Seabra, Elisabeth Kastenholz, José Luís Abrantes, Manuel Reis

Abstract:

In a world of increasing mobility and global risks, terrorism has, in a perverse way, capitalized on contemporaneous society’s growing interest in travel to explore a world whose national boundaries and distances have decreased. Terrorists have identified the modern tourist flows originated from the economically more developed countries as new appealing targets so as to: i) call attention to the causes they defend and ii) destroy a country’s foundations of tourism, with the final aim of disrupting the economic and consequently social fabric of the affected countries. The present study analyses sensitivity towards risk and travel behaviors in international travel amongst a sample of 600 international tourists from 49 countries travelling by air. Specifically, the sample was segmented according to the Global Peace Index. This index defines country profiles regarding the levels of peace. The indicators used are established over three broad themes: i) ongoing domestic and international conflict; ii) societal safety and security; and iii) militarisation. Tourists were segmented, according to their country of origin, in different levels of peacefulness. Several facets of travel behavior were evaluated, namely motivations, attitude towards trip planning, quality perception and perceived value of the trip. Also factors related with risk perception were evaluated, specifically terrorism risk perception during the trip, unsafety sensation as well as importance attributed to safety in travel. Results contribute to our understanding of the role of previous exposure to the lack of peace and safety at home in the international tourists behaviors, which is further discussed in terms of tourism management and marketing implications which should particularly interest tourism services and destinations more affected by terrorism, war, political turmoil, crime and other safety risks.

Keywords: terrorism, tourism, safety, risk perception

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6303 The Effects of Cultural Self-Efficacy and Perceived Social Support on Acculturative Stress of International Postgraduate Students in the United Kingdom

Authors: Rhea Mathews

Abstract:

The purpose of the study is to investigate the effects of perceived social support and cultural self-efficacy on the acculturative stress of international postgraduate students in the United Kingdom. The study adopted Berry, Kim, Minde & Mok’s (1987) acculturative framework on acculturative stress and examined the relationship between the variables. The study hypothesized that perceived social support and cultural self-efficacy would predict lower levels of acculturative stress among students. Postgraduate students in the United Kingdom (N = 76) completed three surveys measuring the variables; Acculturative Stress Scale for International Students, Multidimensional Scale of Perceived Social Support, and Cultural Self-efficacy for Adolescents. To evaluate the role of the perceived social support and cultural self-efficacy in determining the acculturative stress level of international students, multiple linear regression was employed. Both independent variables exhibited a significant, negative relationship with acculturative stress (p < 0.001; p < 0.01). Results described that cultural self-efficacy and perceived social support significantly predicted acculturative stress (p < 0.01). Together, the variables accounted for 22% of the variance in acculturative stress scores (adjusted R² = 0.22), with cultural self-efficacy playing a larger role in predicting the dependent variable. Limitations and implications of the study are noted. The findings of the study are discussed in relation to enhancing international students’ acculturative experience when relocating to a new environment.

Keywords: acculturative stress, coping, cultural adjustment, cultural self-efficacy, international education, international students, migration, perceived social support

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6302 Political Views and Information and Communication Technology (ICT) in Tertiary Institutions in Achieving the Millennium Development Goals (MDGS)

Authors: Perpetual Nwakaego Ibe

Abstract:

The Millennium Development Goals (MDGs), were an integrated project formed to eradicate many unnatural situations the citizens of the third world country may found themselves in. The MDGs, to be a sustainable project for the future depends 100% on the actions of governments, multilateral institutions and civil society. This paper first looks at the political views on the MDGs and relates it to the current electoral situations around the country by underlining the drastic changes over the few months. The second part of the paper presents ICT in tertiary institutions as one of the solutions in terms of the success of the MDGs. ICT is vital in all phases of educational process and development of the cloud connectivity is an added advantage of Information and Communication Technology (ICT) for sharing a common data bank for research purposes among UNICEF, RED CROSS, NPS, INEC, NMIC, and WHO. Finally, the paper concludes with areas that needs twigging and recommendations for the tertiary institutions committed to delivering an ambitious set of goals. A combination of observation, and document materials for data gathering was employed as the methodology for carrying out this research.

Keywords: MDG, ICT, data bank, database

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6301 Current Issues of Cross-Border Enforcement

Authors: Gábor Kocsmárik

Abstract:

The topic of this is coercive measures against assets in which the factor of the procedure contains a foreign element. We speak of cross-border enforcement if the debtor or the property requesting enforcement or subject to enforcement is not located in the bordering country. Given that the jurisdiction of a country cannot extend beyond its borders, the cooperation of nations and the mutual recognition of their decisions are necessary to eliminate this. In addition, it is essential to create framework rules that are binding and enforceable for each country participating in the convention. During the study, some conventions between countries that are still in force will be presented, which can serve as a starting point for dealing with existing problems.

Keywords: law, execution, civil procedure law, international

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6300 Grammatical Forms and Functions in Selected Political Interviews of Nigerian Presidential Aspirants in 2015 General Election

Authors: Temitope Abiodun Balogun

Abstract:

Political interviews are one of the ways by which political office-seekers in Nigeria sell themselves to the electorates. Extant studies have examined the discourse of political interviews from conversational, philosophical, rhetorical, stylistic and pragmatic perspectives with insufficient attention paid to grammatical forms and communicative intentions of the interviews granted by the two presidential aspirants in the 2015 Nigerian general election. This study fills this scholarly gap to unmask their grammatical forms and communicative styles, intention and credibility. The paper adopts Halliday’s Systemic Functional Grammar, specifically interpersonal function coupled with Searle’s Model of Speech Acts Theory as a theoretical framework. A total of six interviews granted by the two presidential aspirants in media serve as the source of data. It is discovered that, in most cases, politicians’ communicative intention is to “pull-down” their political opponents. While declarative and interrogatives are simple, direct and straightforward, the intention is to condemn, lambast and castigate their opponents. This communicative style does not allow the general populace to decipher the political manifestoes of the political aspirants and the party they represent. The paper recommends that before Nigeria can boast of any sustainable growth and development, there is the need for her political office-seekers to adopt effective communication strategies and styles to unveil their intention and manifestoes so that electorates can evaluate their performance after their tenure of office.

Keywords: general election, grammatical forms and function, political interviews, presidential aspirants

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6299 Constitutional Transition and Criminal Justice: Proposals for Reform of Kenya’s Youth Justice System Based on Restorative Justice Principles

Authors: M. Wangai

Abstract:

Following the promulgation of a new Constitution of Kenya in 2010, wide-ranging proposals for reform of the criminal justice system have been made. Proposed measures include a clear and separate system of dealing with juvenile offenders with a greater focus on rehabilitation and reintegration. As part of a broader constitutional transition, this article considers the contribution of restorative justice to reforming the youth justice system. The paper analyses Kenya’s juvenile justice legal framework measured against current international trends in youth justice. It identifies the first post-independence juvenile justice system as a remnant of the colonial period and notes that the post-2001 system is a marked improvement. More recent legal and institutional efforts to incorporate restorative justice are also examined. The paper advocates further development of the juvenile justice system by mainstreaming of restorative justice principles through national level legislative amendments. International and comparative perspectives are used to inform a diversion centered model of restorative justice. In addition, a case is made for the use of existing forms of alternative dispute resolution. Conscious of a tense political climate, the paper also proposes strategies to address challenges posed by a punitive penal environment, chiefly the linking of restorative justice to wider democratic goals and community spirit. The article concludes that restorative justice led juvenile justice reform will contribute to better treatment of young offenders under the criminal justice system and has the potential to set a new precedent for fair, sustainable and effective justice. Further, as part of far-reaching criminal justice reform, the proposed efforts may strengthen democratic progress in Kenya’s ensuing phase of political transition.

Keywords: constitutional transition, criminal justice, restorative justice, young offenders

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6298 Protection of the Rights of Outsourced Employees and the Effect on Job Performance in Nigerian Banking Sector

Authors: Abiodun O. Ibude

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Several organizations have devised the strategy of engaging the services of staff not directly employed by them in their production and service delivery. Some organizations also engage on contracting another organization to carry out a part of service or production process on their behalf. Outsourcing is becoming an important alternative employment option for most organizations. This paper attempts an exposition on the rights of workers within the more specific context of outsourcing as a human resource management phenomenon. Outsourced employees and their rights are treated conceptually and analytically in a generic sense as a mere subset of the larger whole, that is, labor. Outsourced employees derive their rights, like all workers, from their job context as well as the legal environment (municipal and global) in which they operate. The dynamics of globalization and the implications of this development for labor practices receive considerable attention in this exposition. In this regard, a guarded proposition is made, to examine the practice and effect of engaging outsourcing as an economic decision designed primarily to cut down on operational costs rather than a Human Resources Management decision to improve worker welfare. The population of the study was selected from purposive and simple random sampling techniques. Data obtained were analyzed through a simple percentage, Pearson product-moment correlation, and cross-tabulation. From the research conducted, it was discovered that, although outsourcing possesses opportunities for organizations, there are drawbacks arising from its implementation of job securities. It was also discovered that some employees are being exploited through this strategy. This gives rise to lower motivation and thereby decline in performance. In conclusion, there is need for examination of Human Resource Managers’ strategies that can serve as management policy tools for the protection of the rights of outsourced employees.

Keywords: legal environment, operational cost, outsourcing, protection

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6297 Analysis of Newspaper Advertisements of 2015 Presidential Election in Nigeria

Authors: Thanny Noeem Taiwo

Abstract:

The study is an attempt to gauge the way political parties advertised their candidates and parties during the 2015 presidential election. It examined the prominence given to political advertisement by newspapers and their patrons. It also looked at the campaign issues that the candidates emphasized in their campaign and also the appeals used in the advertisements. This research work is examined against the backdrop of the Framing Theory. The agenda setting and framing effects theories are media effects theories that explain how the media affects the people, events and situations in the society. Samples comprising of three daily newspapers were selected to represent the newspapers in the Nigeria. The Punch Newspaper, the Nation and the Vanguard will be used for population of this study. These newspapers were chosen because they are widely read national dailies and also because of its affiliation with some political parties. The study revealed that low prominence was given to political messages because most of the advertisements were in the inside pages of the newspapers. The media or the print medium could be a partner in a political setting as the fourth estate of the realm. While the press was trying hard to be professional, its operations were considerably inhibited by the political adventures of the patrons of the media. There is the need for strict professionalism to the ethics of journalism in the commercialization of political messages that would eventually rub off positively on the way the media is perceived.

Keywords: aAdvertisement, election, framing, newspaper

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6296 An Appraisal of the Utilisation of Social Media for Political Communication in the 2015 Nigerian Presidential Election

Authors: Tsegyu Santas

Abstract:

The aim of this study was to examine the utilization of social media for political communication during the 2011 presidential election in Nigeria. The research design adopted for the study was survey; 294 copies of questionnaire were distributed to students of mass communication in three selected universities in North Central Nigeria. Simple random sampling technique was used to select the respondents for the study. The results of the descriptive statistics show that majority of the respondents choice of presidential candidates during the 2011 presidential election was influenced by the use of social media as indicated by high value of mean (1.5805). Similarly, a large number of respondents were of the opinion that the two selected presidential candidates were popular because they used social media in their political campaign (mean value of 1.5575). In addition, the respondents affirmed that their voting pattern during the 2011 presidential elections was influenced by social media usage. This was validated by a high mean value of (1.6667). Similarly, the result of the test of hypothesis indicated that voters’ choice of political candidates was influenced by political communication on social media. In view of the findings of this study, the study, therefore, concludes that social media have redefined the landscape of political communication in Nigeria. Based on the findings of the study, it was recommended that social media should be fully integrated in Nigeria political communication system.

Keywords: communication, election, politics, social media

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6295 The Concept of Commercial Dispute Resolution through the Court in Indonesia

Authors: Anita Afriana, Efa Laela Fakhriah

Abstract:

The law of civil procedure which is currently in effect in Indonesia is still referring to the rules applicable at the time of the Dutch East Indies, that is Het Herziene Indonesisch Reglement (HIR) and Reglement Tot Regeling Van Het Rechtswezen In De gewesten Buiten Java En Madura (RBg). With the fact that the enactment of this has been very long, there are some things that are no longer suitable with the circumstances and needs of the community in seeking justice today. Therefore, a new regulation on the law of civil procedure is required and the discussions of the draft are currently being carried out. The fast examination of dispute in civil procedure is required to accelerate the growth of Indonesia’s economy by accelerating the dispute resolution method (time efficiency). With the provision of the quick examination on commercial disputes mentioned above, it is expected to benefit the community in order to obtain a tool of dispute resolution efficiently and effectively, so as making justice fast and inexpensive, especially for the resolution of commercial disputes.

Keywords: commercial dispute, civil law procedure, court, Indonesia

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6294 Human Rights and Counter-Terrorism in Nigeria: A Systematic Review

Authors: Tarela J. Ike

Abstract:

Over the years, the hemorrhagic acts of Boko Haram have led to the adoption of counter-terrorism measures which mostly takes the form of military repressive measures. These measures have wrought flagrant violation of human rights worthy of concern. Hence, the need to examine the efficacy of the counter-terrorism measures adopted by the Nigeria government in combatting terrorism. This article addresses this issue by relying on a systematic literature review which examines the impact of Nigeria counter-terrorism measures from 2009 to 2016 in combating terrorism. The review of literature includes 42 article. Of the 42 articles, 14 met the peer-reviewed requirement which finds that most of Nigeria’s counter-terrorism policies are geared toward the use of state repressive military approach which violates the human right. Thus, the study concludes that to effectively address the terrorist uprising; Nigeria should adopt a non-aggressive counter-terrorism approach which incorporates religious clerics, and community active engagement strategy in combatting terrorism as opposed to military retaliation which violates human right and so far proved ineffective.

Keywords: Boko Haram, counter-terrorism, human rights, military retaliation

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6293 State, Public Policies, and Rights: Public Expenditure and Social and Welfare Policies in America, as Opposed to Argentina

Authors: Mauro Cristeche

Abstract:

This paper approaches the intervention of the American State in the social arena and the modeling of the rights system from the Argentinian experience, by observing the characteristics of its federal budgetary system, the evolution of social public spending and welfare programs in recent years, labor and poverty statistics, and the changes on the labor market structure. The analysis seeks to combine different methodologies and sources: in-depth interviews with specialists, analysis of theoretical and mass-media material, and statistical sources. Among the results, it could be mentioned that the tendency to state interventionism (what has been called ‘nationalization of social life’) is quite evident in the United States, and manifests itself in multiple forms. The bibliography consulted, and the experts interviewed pointed out this increase of the state presence in historical terms (beyond short-term setbacks) in terms of increase of public spending, fiscal pressure, public employment, protective and control mechanisms, the extension of welfare policies to the poor sectors, etc. In fact, despite the significant differences between both countries, the United States and Argentina have common patterns of behavior in terms of the aforementioned phenomena. On the other hand, dissimilarities are also important. Some of them are determined by each country's own political history. The influence of political parties on the economic model seems more decisive in the United States than in Argentina, where the tendency to state interventionism is more stable. The centrality of health spending is evident in America, while in Argentina that discussion is more concentrated in the social security system and public education. The biggest problem of the labor market in the United States is the disqualification as a consequence of the technological development while in Argentina it is a result of its weakness. Another big difference is the huge American public spending on Defense. Then, the more federal character of the American State is also a factor of differential analysis against a centralized Argentine state. American public employment (around 10%) is comparatively quite lower than the Argentinian (around 18%). The social statistics show differences, but inequality and poverty have been growing as a trend in the last decades in both countries. According to public rates, poverty represents 14% in The United States and 33% in Argentina. American public spending is important (welfare spending and total public spending represent around 12% and 34% of GDP, respectively), but a bit lower than Latin-American or European average). In both cases, the tendency to underemployment and disqualification unemployment does not assume a serious gravity. Probably one of the most important aspects of the analysis is that private initiative and public intervention are much more intertwined in the United States, which makes state intervention more ‘fuzzy’, while in Argentina the difference is clearer. Finally, the power of its accumulation of capital and, more specifically, of the industrial and services sectors in the United States, which continues to be the engine of the economy, express great differences with Argentina, supported by its agro-industrial power and its public sector.

Keywords: state intervention, welfare policies, labor market, system of rights, United States of America

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6292 Teaching for Social Justice: Towards Education for Sustainable Development

Authors: Nashwa Moheyeldine

Abstract:

Education for sustainable development (ESD) aims to preserve the rights of the present and future generations as well as preserving the globe, both humans and nature. ESD should aim not only to bring about consciousness of the current and future issues, but also to foster student agency to bring about change at schools, communities and nations. According to the Freirian concept of conscientização, (conscientization) — “learning to perceive social, political, and economic contradictions, and to take action against the oppressive elements of reality”, education aims to liberate people to understand and act upon their worlds. Social justice is greatly intertwined with a nation’s social, political and economic rights, and thus, should be targeted through ESD. “Literacy researchers have found that K-12 students who engage in social justice inquiries develop vital academic knowledge and skills, critical understandings about oppression in the world, and strong dispositions to continue working toward social justice beyond the initial inquiries they conduct”. Education for social justice greatly equips students with the critical thinking skills and sense of agency, that are required for responsible decision making that would ensure a sustainable world. In fact teaching for social justice is intersecting with many of the pedagogies such as multicultural education, cultural relevant pedagogy, education for sustainable development, critical theory pedagogy, (local and global) citizenship education, all of which aim to prepare students for awareness, responsibility and agency. Social justice pedagogy has three specific goals, including helping students develop 1) a sociopolitical consciousness - an awareness of the symbiotic relationship between the social and political factors that affect society, 2) a sense of agency, the freedom to act on one’s behalf and to feel empowered as a change agent, and 3) positive social and cultural identities. The keyword to social justice education is to expose the realities to the students, and challenge the students not only to question , but also to change. Social justice has been usually discussed through the subjects of history and social sciences, however, an interdisciplinary approach is essential to enhance the students’ understanding of their world. Teaching social justice through various subjects is also important, as it make students’ learning relevant to their lives. The main question that this paper seeks to answer is ‘How could social justice be taught through different subjects and tools, such as mathematics, literature through story-telling, geography, and service learning will be shown in this paper. Also challenges to education for social justice will be described. Education is not a neutral endeavor, but is either oriented toward the cause of liberation or in support of domination. In fact , classrooms can be “a microcosm of the emancipatory societies we seek to encourage”, education for the 21st century should be relevant to students' lives where it exposes life's realities to them. Education should also provide students with the basics of school subjects with the bigger goal of helping them make the world a better, more just place to live in.

Keywords: teaching for social justice, student agency, citizenship education, education

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6291 Effects of Transformational Leadership and Political Competition on Corporate Performance of Nigeria National Petroleum Corporation

Authors: Justine Ugochukwu Osuagwu, Sazali Abd Wahab

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The performance and operation of NNPC have faced series of attacks by all stakeholders as many have observed lots of inefficiency not only on the part of the management but the staff. This has raised questions of whether their operations and performance are being seriously affected by lack of transformational leadership, and the political competition prevalent in the country. The author has applied the administrative leadership theory and institutional theory as a guide to this study and empirically relates such theories to the study. The study also has utilized the quantitative approach where questionnaires were distributed to 370 participants, and the correctly filled and returned questionnaires were used for the analysis using structural equation modeling. The path coefficient of transformational leadership to performance is strong and positive with β = 0.672; t-value = 14.245; p-value = 0.000. Also, the result found that political competition does not mediate the relationship between transformational leadership and performance of NNPC. (β = -0.008; t-value = -0.600; p- value > 0.05). However, the indirect path is all insignificant, meaning that transformational leadership has relationship with corporate performance.The study found that,while political competition does not serve as a mediator in the relationship between transformational leadership and corporate performance, these styles of leadership have a direct and positive impact on corporate performance. The direct relationship between transformational leadership and political competition was not discovered, despite the fact that political competition has a direct and significant impact, both positive and negative, on corporate performance. As a result, both political competition and transformational leadership have the potential to significantly alter corporate performance.

Keywords: performance, transformational leadership, political competition, corporation performance, Nigeria national petroleum corporation

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6290 Recognition and Protection of Indigenous Society in Indonesia

Authors: Triyanto, Rima Vien Permata Hartanto

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Indonesia is a legal state. The consequence of this status is the recognition and protection of the existence of indigenous peoples. This paper aims to describe the dynamics of legal recognition and protection for indigenous peoples within the framework of Indonesian law. This paper is library research based on literature. The result states that although the constitution has normatively recognized the existence of indigenous peoples and their traditional rights, in reality, not all rights were recognized and protected. The protection and recognition for indigenous people need to be strengthened.

Keywords: indigenous peoples, customary law, state law, state of law

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6289 The Flashnews as a Commercial Session of Political Marketing: The Content Analysis of the Embedded Political Narratives in Non-Political Media Products

Authors: Zsolt Szabolcsi

Abstract:

Political communication in Hungary has undergone a significant change in the 2010s. One element of the transformation is the Flashnews. This media product was launched in March 2015 and since then 40-50 blocks are broadcasted, daily, on 5 channels. Flashnews blocks are condensed news sessions, containing the summary of political narratives. It starts with the introduction of the narrator, then, usually four news topics are presented and, finally, the narrator concludes the block. The block lasts only one minute and, therefore, it provides a blink session into the main narratives of political communication at the time. Beyond its rapid pace, what makes its avoidance difficult is that these blocks are always in the first position in the commercial break of a non-political media product. Although it is only one minute long, its significance is high. The content of the Flashnews reflects the main governmental narratives and, therefore, the Flashnews is part of the agenda-setting capacity of political communication. It reaches media consumers who have limited knowledge and interest in politics, and their use of media products is not politically related. For this audience, the Flashnews pops up in the same way as commercials. Due to its structure and appearance, the impact of Flashnews seems to be similar to commercials, imbedded into the break of media products. It activates existing knowledge constructs, builds up associational links and maintains their presence in a way that the recipient is not aware of the phenomenon. The research aims to examine the extent to which the Flashnews and the main news narratives are identical in their content. This aim is realized with the content analysis of the two news products by examining the Flashnews and the evening news during main sport events from 2016 to 2018. The initial hypothesis of the research is that Flashnews is a contribution to the news management technique for an effective articulation of political narratives in public service media channels.

Keywords: flashnews, political communication, political marketing, news management

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6288 International College Students Understand Entrepreneurial Readiness and Business-Related Skills: A Qualitative Study

Authors: Aleksandar Chonevski

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The free-market economy provides many opportunities for entrepreneurship or starting one’s own business, attracting many students to study business at for-profit colleges in the United States. This is also true for international students, many of whom are filled with the hope of making a better life for themselves and their families through entrepreneurial endeavors. This qualitative research showed that not all graduates business students start their own business. In investigating this phenomenon, the effectiveness of entrepreneurship curricula at international colleges needs to be examined in order to adjust, improve and reform entrepreneurship curricula. This qualitative study will explore how business skills learned in college for-profit play a role in the entrepreneurial readiness of undergraduate business students in the south Florida. Business curricula helps international students achieve goals and transform their actions to understand challenges in a corporate society. Students will be interviewed to gain information about the students’ experience with entrepreneurship curricula in a for-profit college in south Florida.

Keywords: business skills, college curriculum, entrepreneurial readiness, international students

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6287 Intellectual Property Rights (IPR) in the Relations among Nations: Towards a Renewed Hegemony or Not

Authors: Raju K. Thadikkaran

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Introduction: The IPR have come to the centre stage of development discourse today for a variety of reasons: It ranges from the arbitrariness in the enforcement, overlapping and mismatch with various international agreements and conventions, divergence in the definition, nature and content and the duration as well as severe adverse consequences to technologically weak developing countries. In turn, the IPR have acquired prominence in the foreign policy making as well as in the relations among nations. Quite naturally, there is ample scope for an examination of the correlation between Technology, IPR and International Relations in the contemporary world. Nature and Scope: A cursory examination of the realm of IPR and its protection shall reveals the acute divergence that exists in the perspectives, on all matters related to the very definition, nature, content, scope and duration. The proponents of stronger protection, mostly technologically advanced countries, insist on a stringent IP Regime whereas technologically weak developing countries seem to advocate for flexibilities. From the perspective of developing countries like India, one of the most crucial concerns is related to the patenting of life forms and the protection of TK and BD. There have been several instances of Bio-piracy and Bio-prospecting of the resources related to BD and TK from the Bio-rich Global South. It is widely argued that many provisions in the TRIPS are capable of offsetting the welcome provisions in the CBD such as the Access and Benefit Sharing and Prior Informed Consent. The point that is being argued out is as to how the mismatch between the provisions in the TRIPS Agreement and the CBD could be addressed in a healthy manner so that the essential minimum legitimate interests of all stakeholders could be secured thereby introducing a new direction to the international relations. The findings of this study reveal that the challenges roused by the TRIPS Regime over-weigh the opportunities. The mismatch in the provisions in this regard has generated various crucial issues such as Bio-piracy and Bio-prospecting. However, there is ample scope for managing and protecting IP through institutional innovation, legislative, executive and administrative initiative at the global, national and regional levels. The Indian experience is quite reflective of the same and efforts are being made through the new national IPR policy. This paper, employing Historical Analytical Method, has Three Sections. The First Section shall trace the correlation between the Technology, IPR and international relations. The Second Section shall review the issues and potential concerns in the protection and management of IP related to the BD and TK in the developing countries in the wake of the TRIPS and the CBD. The Final Section shall analyze the Indian Experience in this regard and the experience of the bio-rich Kerala in particular.

Keywords: IPR, technology and international relations, bio-diversity, traditional knowledge

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6286 Impact of Terrorism as an Asymmetrical Threat on the State's Conventional Security Forces

Authors: Igor Pejic

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The main focus of this research will be on analyzing correlative links between terrorism as an asymmetrical threat and the consequences it leaves on conventional security forces. The methodology behind the research will include qualitative research methods focusing on comparative analysis of books, scientific papers, documents and other sources, in order to deduce, explore and formulate the results of the research. With the coming of the 21st century and the rising multi-polar, new world threats quickly emerged. The realistic approach in international relations deems that relations among nations are in a constant state of anarchy since there are no definitive rules and the distribution of power varies widely. International relations are further characterized by egoistic and self-orientated human nature, anarchy or absence of a higher government, security and lack of morality. The asymmetry of power is also reflected on countries' security capabilities and its abilities to project power. With the coming of the new millennia and the rising multi-polar world order, the asymmetry of power can be also added as an important trait of the global society which consequently brought new threats. Among various others, terrorism is probably the most well-known, well-based and well-spread asymmetric threat. In today's global political arena, terrorism is used by state and non-state actors to fulfill their political agendas. Terrorism is used as an all-inclusive tool for regime change, subversion or a revolution. Although the nature of terrorist groups is somewhat inconsistent, terrorism as a security and social phenomenon has a one constant which is reflected in its political dimension. The state's security apparatus, which was embodied in the form of conventional armed forces, is now becoming fragile, unable to tackle new threats and to a certain extent outdated. Conventional security forces were designed to defend or engage an exterior threat which is more or less symmetric and visible. On the other hand, terrorism as an asymmetrical threat is a part of hybrid, special or asymmetric warfare in which specialized units, institutions or facilities represent the primary pillars of security. In today's global society, terrorism is probably the most acute problem which can paralyze entire countries and their political systems. This problem, however, cannot be engaged on an open field of battle, but rather it requires a different approach in which conventional armed forces cannot be used traditionally and their role must be adjusted. The research will try to shed light on the phenomena of modern day terrorism and to prove its correlation with the state conventional armed forces. States are obliged to adjust their security apparatus to the new realism of global society and terrorism as an asymmetrical threat which is a side-product of the unbalanced world.

Keywords: asymmetrical warfare, conventional forces, security, terrorism

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6285 Crime against Women behind Closed Doors in Indian Society

Authors: Rasha Kumari Panda

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The crime against women in closed door is an important burning issue in day to day life. Domestic violence has become daily part of women’s life. It affects the millions of the women throughout the India as it violates their human rights. Crime against women behind closed door is a manifestation of historically unequal power relations between men and women, discrimination against women moreover, when the world is approaching towards modernization, worse the condition of women and girls in our society. This paper examines how the rights of women are being violated and suggests the remedial measures to empower women. Powerlessness of women is the root cause of violence has been specifically addressed.

Keywords: domestic violence, cruelty, dowry, statutes

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6284 For Whom Is Legal Aid: A Critical Analysis of the State-Funded Legal Aid in Criminal Cases in Tajikistan

Authors: Umeda Junaydova

Abstract:

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

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

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6283 Quantitative Method of Measurement for the Rights and Obligations of Contracting Parties in Standard Forms of Contract in Malaysia: A Case Study

Authors: Sim Nee Ting, Lan Eng Ng

Abstract:

Standard forms of contract in Malaysia are pre-written, printed contractual documents drafted by recognised authoritative bodies in order to describe the rights and obligations of the contracting parties in all construction projects in Malaysia. Studies and form revisions are usually conducted in a relatively random and qualitative manner, but the search of contractual documents idealization remains. It is not clear how these qualitative findings could be helpful for contractual documents improvements and re-drafting. This study aims to quantitatively and systematically analyse and evaluate the rights and obligations of the contracting parties as stated in the standard forms of contract. The Institution of Engineers Malaysia (IEM) published a new standard form of contract in 2012 with a total of 63 classes but the improvements and changes in the newly revised form that are yet to be analysed. IEM form will be used as the case study for this study. Every clause in this said form were interpreted and analysed according to the involved parties including contractor, engineer and employer. Modified from Matrix Method and Likert Scale, the result analysis were conducted based on a scale from 0 to 1 with five ratings namely “Very Unbalance”, “Unbalance”, “Balance”, “Good Balance” and “Very Good Balance”. It is hoped that quantitative method of form study can be used for future form revisions and any new forms drafting so to reduce on any subjectivity in standard forms of contract studies.

Keywords: contracting parties, Malaysia, obligations, quantitative measurement, rights, standard form of contract

Procedia PDF Downloads 260
6282 Legal Pluralism and Efficiency in International Marriage Law: Implications of Regulatory Competition on an Analysis of Conflict of Law Rules

Authors: Rorick Daniel Tovar Galvan

Abstract:

The existence of different legal systems represents an important barrier for married couples that attempt to reside in another country. Each movement can cause important changes in the rights and obligations derived from the marriage since a different law could be used by the courts to solve legal disputes arising from their relationship. In a context in which it is increasingly common to move from one country to another, people cannot be certain about the outcomes of proceedings dealing with i.e., the dissolution of property regime, maintenance payments or time to wait to initiate divorce because a foreign – and in most cases unknown – law could apply every time they move. At first glance, the answer to this issue seems to be the harmonization of the legal systems: the greater the mobility of individuals inside a group of countries, the higher the similarities of their laws should be. Such a solution could be positive for spouses because a higher degree of legal certainty would be reached in case the same legal rules applied regardless of the place where the couple lives. However, the legal pluralism brings with it also advantages that could be appreciated when one looks closely at the economic rationale behind the legal institution of marriage. This contribution carries out an economic analysis of the existence of different legal systems in the area of marriage law and proposes another strategy to cope with the problems arising from legal pluralism. Far from eliminating the diversity of legal systems, one wishes to foster it, since significant advantages could arise from such diversity in case couples are permitted to choose the applicable law themselves. Based on the idea that the law could be seem as a product offered in the market as well as states and spouses as suppliers and consumers of this product, the paper shows the advantages of designing a legal framework that allows spouses to determine freely the law governing the legal effects of their marriage. Instead of promoting the harmonization of the substantive law, one explores the benefits of encouraging the regulatory competition at international level in the area of marriage law.

Keywords: conflict of laws, harmonization, international marriage law, law and economics, regulatory competition

Procedia PDF Downloads 190
6281 The Amalgamation of Fashion and Art: A Camaraderie of the Creative Abilities

Authors: Brar Prabhdip

Abstract:

Art and fashion are coupled by a common bridge which is ‘Creativity’. For centuries art has influenced fashion and has been inspirational for modern-day national as well as international designers. Italian artists during the Renaissance period were highly influenced by art. 20th and 21st-century artists have often found themselves the muses of major fashion houses. Many times artists and designers like Andy Warhol, Damien Hirst, and Dior, Prada, respectively, have collaborated and successfully created prints, textiles, and silhouettes that have dazzled the art and fashion world. This paper nudges deeper and discourses the statement pieces of remarkable designers that have been influenced by art and adorned by international celebrities. Indian designer Manish Arora has been able to design a remarkable position for himself in the international fashion world. His clothes are avant-garde and favoured choice of celebrities like Lady Gaga and Katy Perry. The Manish Arora collaboration with Berlin-based artist Amrie Hoffstater has carved its space for a new segment. The latest collaboration, despite being in the pandemic, is between Sabyasachi (India) and Bergdorfs Goodman (New York). It boasts of the traditional Colonial Indian sensibility juxtaposed with the eclectic Western American mix for the new-age wearer. A qualitative and exploratory research design is steered towards both art and fashion as they reflect social, economic, and political changes. Social issues are highlighted through these platforms. Secondary data has been used for this paper to explain how designers have bridged the way for how one could wear fashion as a piece of art in and of itself. Conclusively we reach the perfect camaraderie between art and fashion.

Keywords: art, artist, collaboration, designer, fashion, relationship commas

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6280 Citizenship Education and Access to Information for Political Socialization and Unity in Nigeria

Authors: Alh Rauf Bello Bella

Abstract:

The main purpose of citizenship education if properly executed is to create awareness and enlightenment in the society to bring tolerance and political unity among the people. For the citizenry to have a meaningful participation for the achievement of this objective in a modern society where democracy thrives, all citizens should also have access to information on all matters affecting their lives and well-being. The paper therefore examines the scope of citizenship education and the complementary role of information providers in the quest for political socialization and national unity. It emphasizes some issues of national unity which should be addressed through proper enlightenment of the citizenry and access to relevant and timely information at the grassroots.

Keywords: citizenship education, national unity, political socialization, Nigeria

Procedia PDF Downloads 468
6279 Zimbabwe's Foreign Policy in Southern Africa, 1980-2013

Authors: Dylan Yanano Mangani, Theodore Nkadimeng Mahosi

Abstract:

Soon after independence on 18th April 1980, Zimbabwe’s foreign policy was shaped by the realities on the ground, which saw the country managing a sound relationship with both the Capitalist West and the Communist Eastern blocs. The post-independence foreign policy was therefore premised on security concerns illuminated by the Cold War era. This was one the reasons President Robert Mugabe adopted a policy of reconciliation and this earned his government recognition on the international platform. However, in Southern Africa apartheid South Africa was still the vanguard of capitalism and oppression such that she posed a serious threat to the newly born Zimbabwean nation which necessitated that Zimbabwe position herself both in the region and the continent to counter potential internal stability from within. Irrespective of how the international community viewed the country’s foreign policy Zimbabwe has continued to influence regional, continental and world geo-politics, especially on behalf of the developing nations. This raises a question why as a result of its foreign policy the country is now regarded a pariah state, especially some Western countries which used to applaud its political economic policies immediately after independence. Therefore, this study argues that the political economy of Zimbabwe had a far-reaching bearing on its foreign policy. For this reason, the problem necessitates the investigation of Zimbabwe’s foreign policy perspectives in Southern Africa since the turn of the 1990s. Two main theories which are Realism, Afro-centrism inform the study as an attempt to understand Zimbabwe’s foreign policy paradigm shift and perhaps provide answers to the objectives raised. The research therefore employs a qualitative approach where the conceptual nature of the study into the foreign policy of Zimbabwe is largely desktop research. However, the nature of the study will also require that oral interviews are conducted to substantiate some of the arguments advanced.

Keywords: cold war set up, foreign policy, look east policy, pan-africanism, post 2000 period, Southern Africa, Zimbabwe

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6278 Political Discourse Used in the TV Talk Shows of Pakistani Media

Authors: Hafiz Sajjad Hussain, Asad Razzaq

Abstract:

The study aims to explore the relationship between application of speech and discourse used by the political workers and their leaders for maintaining authoritative approach and dialog power. The representation of these relationships between ideology and language in the analysis of discourse and spoken text following Van Dijk Socio-Cognitive model. Media and political leaders are two pillars of a state and their role is so important for development and effects on the society. Media has become an industry in the recent years in the globe, and especially, the private sector developed a lot in the last decade in Pakistan. Media is the easiest way of communication with the large community in a short time and used discourse independently. The prime time of the news channels in Pakistan presents the political programs on most favorite story or incident of the day. The current program broadcasted by a private channel ARY News July 6, 2014 covered the most top story of the day. The son of Ex. CJ Arslan Iftikhar moves an application to Election Commission of Pakistan about the daughter of the most popular political leader and chairman PTI Imran Khan. This movement turns the whole scenario of the political parties and media got a hot issue form discussion. This study also shows that the ideology and meanings which are presented by the TV channels not always obvious for readers.

Keywords: electronic media, political discourse, ideology of media, power, authoritative approach

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6277 Enhancing Human Security Through Conmprehensive Counter-terrorism Measures

Authors: Alhaji Khuzaima Mohammed Osman, Zaeem Sheikh Abdul Wadudi Haruna

Abstract:

This article aims to explore the crucial link between counter-terrorism efforts and the preservation of human security. As acts of terrorism continue to pose significant threats to societies worldwide, it is imperative to develop effective strategies that mitigate risks while safeguarding the rights and well-being of individuals. This paper discusses key aspects of counter-terrorism and human security, emphasizing the need for a comprehensive approach that integrates intelligence, prevention, response, and resilience-building measures. By highlighting successful case studies and lessons learned, this article provides valuable insights for policymakers, law enforcement agencies, and practitioners in their quest to address terrorism and foster human security.

Keywords: human security, risk mitigation, terrorist activities, civil liberties

Procedia PDF Downloads 78
6276 Political Skills in Social Management and Responsibility of Media Studies

Authors: Musa Miah

Abstract:

Society and social activities are directly governed by political sociology. Political sociology has an impact on the whole of human society, the interrelationships of people in society, social responsibilities and duties, the nature of society, society and culture of different countries, conducting social activities, social change and social development. Through this, the correct knowledge and decision are made by analyzing the complexities of society in different ways. In modern civilized society, people need to get accurate knowledge about how they live, their behavior, customs and principles. The need for political sociology is undeniable, even if new plans are to be adopted for the development of society. The importance of practicing political sociology is immense if any country, nation, or society is to move forward on the path of sustainable development. Research has shown that political sociology is an essential aspect of the social impact of development, sociological analysis of poverty or underdevelopment, development of human values in individual life. The importance of political sociology for knowing the overall aspect of society is undeniable. Because, to know about social problems, to identify social problems, to find the cause of any social problem, one needs to know political sociology. Apart from knowing about the class structure of the society, people of different classes and professions live in the society. It is possible to gain knowledge about. He is also involved in various societies, communities and groups in the country and abroad. Therefore, research has shown that in order to successfully solve any task of the society, it is necessary to know the society in full. Media Studies: Media studies are directly related to socialization. Media strategy has had a positive impact on the management and direction of society. At present, Media Studies in Bangladesh is working towards providing opportunities for up-to-date and quality higher education. Introduced Department of Journalism, Communication and Media Studies in different universities of Bangladesh. The department has gained immense popularity since its inception. Here the top degree holders, as well as eminent editors, senior journalists, writers and researchers, are giving their opinions. Now there is ample scope for research in newspapers, magazines, radio, television and online media as well as outside of work as an advertising-documentary filmmaker or in domestic and foreign NGOs or other corporate organizations. According to the study, media studies have had a positive impact on the media in Bangladesh, especially television channels, the expansion and development of online media and the creation of clear ideas about communication, journalism and the media. Workshops, seminars and discussions are being held on contemporary national and international issues in addition to theoretical concepts. Journalism, communication and mass media are quite exceptional and challenging compared to the traditional subjects considering the present times. In this regard, there is a unique opportunity to build a modern society with taste and personality without mere employment.

Keywords: Bangladesh, Dhaka, social activities, political sociology

Procedia PDF Downloads 145