Search results for: legal development
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 17047

Search results for: legal development

16087 Implementation of European Court of Human Right Judgments and State Sovereignty

Authors: Valentina Tereshkova

Abstract:

The paper shows how the relationship between international law and national sovereignty is viewed through the implementation of European Court of Human Right judgments. Methodology: Сonclusions are based on a survey of representatives of the legislative authorities and judges of the Krasnoyarsk region, the Rostov region, Sverdlovsk region and Tver region. The paper assesses the activities of the Russian Constitutional Court from 1998 to 2015 related to the establishment of the implementation mechanism and the Russian Constitutional Court judgments of 14.07.2015, № 21-P and of 19.04.2016, № 12-P where the Constitutional Court stated the impossibility of executing ECtHR judgments. I. Implementation of ECHR judgments by courts and other authorities. Despite the publication of the report of the RF Ministry of Justice on the implementation, we could not find any formal information on the Russian policy of the ECtHR judgment implementation. Using the results of the survey, the paper shows the effect of ECtHR judgments on law and legal practice in Russia. II. Implementation of ECHR judgments by Russian Constitutional Court. Russian Constitutional Court had implemented the ECtHR judgments. However, the Court determined on July, 14, 2015 its competence to consider the question of implementation of ECHR judgments. Then, it stated that the execution of the judgment [Anchugov and Gladkov case] was impossible because the Russian Constitution has the highest legal force on April, 19, 2016. Recently the CE Committee of Ministers asked Russia to provide ‘without further delay’ a compensation plan for the Yukos case. On November 11, 2016, Constitutional Court accepted a request from the Ministry of Justice to consider the possibility of execution of the ECtHR judgment in the Yukos case. Such a request has been made possible due to a lack of implementation mechanism. Conclusion: ECtHR judgments are as an effective tool to solve the structural problems of a legal system. However, Russian experts consider the ECHR as a tool of protection of individual rights. The paper shows link between the survey results and the absence of the implementation mechanism. New Article 104 par. 2 and Article 106 par. 2 of the Federal Law of the Constitutional Court are in conflict with international obligations of the Convention on the Law on Treaties 1969 and Article 46 ECHR. Nevertheless, a dialogue may be possible between Constitutional Court and the ECtHR. In its judgment [19.04.2016] the Constitutional Court determined that the general measures to ensure fairness, proportionality and differentiation of the restrictions of voting rights were possible in judicial practice. It also stated the federal legislator had the power ‘to optimize the system of Russian criminal penalties’. Despite the fact that the Constitutional Court presented the Görgülü case [Görgülü v Germany] as an example of non-execution of the ECtHR judgment, the paper proposes to draw on the experience of German Constitutional Court, which in the Görgülü case, on the one hand, stressed national sovereignty and, on the other hand, took advantage of this sovereignty, to resolve the issue in accordance with the ECHR.

Keywords: implementation of ECtHR judgments, sovereignty, supranational jurisdictions, principle of subsidiarity

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16086 Public Private Partnership for Infrastructure Projects: Mapping the Key Risks

Authors: Julinda Keçi

Abstract:

In many countries, governments have been promoting the involvement of private sector entities to enter into long-term agreements for the development and delivery of large infrastructure projects, with a focus on overcoming the limitations upon public fund of the traditional approach. The involvement of private sector through public-private partnerships (PPP) brings in new capital investments, value for money and additional risks to handle. Worldwide research studies have shown that an objective, systematic, reliable and user-oriented risk assessment process and an optimal allocation mechanism among different stakeholders is crucial to the successful completion. In this framework this paper, which is the first stage of a research study, aims to identify the main risks for the delivery of PPP projects. A review of cross-countries research projects and case studies was performed to map the key risks affecting PPP infrastructure delivery. The matrix of mapping offers a summary of the frequency of factors, clustered in eleven categories: Construction, Design, Economic, Legal, Market, Natural, Operation, Political, Project finance, Project selection and Relationship. Results will highlight the most critical risk factors, and will hopefully assist the project managers in directing the managerial attention in the further stages of risk allocation.

Keywords: construction, infrastructure, public private partnerships, risks

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16085 Investigating the Relationship between Place Attachment and Sustainable Development of Urban Spaces

Authors: Hamid Reza Zeraatpisheh, Ali Akbar Heidari, Soleiman Mohammadi Doust

Abstract:

This study has examined the relationship between place attachment and sustainable development of urban spaces. To perform this, the components of place identity, emotional attachment, place attachment and social bonding which totally constitute the output of place attachment, by means of the standardized questionnaire measure place attachment in three domains of (cognitive) the place identity, (affective) emotional attachment and (behavioral) place attachment and social bonding. To measure sustainable development, three components of sustainable development, including society, economy and environment has been considered. The study is descriptive. The assessment instrument is the standard questionnaire of Safarnia which has been used to measure the variable of place attachment and to measure the variable of sustainable development, a questionnaire has been made by the researcher and been based on the combined theoretical framework. The statistical population of this research has been the city of Shiraz. The statistical sample has been Hafeziyeh. SPSS software has been used to analyze the data and examined the results of both descriptive and inferential statistics. In inferential statistics, Pearson correlation coefficient has been used to examine the hypotheses. In this study, the variable of place attachment is high and sustainable development is also in a high level. These results suggest a positive relationship between attachment to place and sustainable development.

Keywords: place attachment, sustainable development, economy-society-environment, Hafez's tomb

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16084 Effects of the Americans with Disabilities Act on Disability Representation in Mid-Century American Media Discourse

Authors: Si On Na

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The development of American radio and print media since World War II has allowed people with disabilities to engage more directly with the public, gradually changing the perception that disabled people constitute a kind of social impairment or burden. People with disabilities have rarely been portrayed as equal to the non-disabled. In the postwar period, a dramatic shift from eugenicist conceptualizations of disability and widespread institutionalization gradually evolved into conditions of greater openness in public discourse. This discourse was marked at mid-century by telethons and news media (both print and television) which sought to commodify people with disabilities for commercial gain through stories that promoted alienating forms of empowerment alternating with paternalistic pity. By comparing studies of the history of American disability advocacy in the twentieth century and the evolution of the image of disability characteristic of mid-century media discourse, this paper will examine the relationship between the passage of the American with Disabilities Act of 1990 (ADA) and the expanded media representation of people with disabilities. This paper will argue that the legal mandate of the ADA ultimately transformed the image of people with disabilities from those who are weak and in need of support to viable consumers, encouraging traditional American print, film, and television media outlets to solicit the agency of people with disabilities in the authentic portrayal of themselves and their disabilities.

Keywords: ADA, disability representation, media portrayal, postwar United States

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16083 Information Construction of Higher Education in Teaching Practice

Authors: Yang Meng, James L. Patnao

Abstract:

With the rapid development of information technology and the impact of the epidemic environment, the traditional teaching model can’t longer meet the requirements of the development of the times. The development of teaching mechanism is the inevitable trend of the future development of higher education. We must further promote the informatization of higher education in teaching practice, let modern information technology penetrate and practice in classroom teaching, and provide promising opportunities for the high-quality development of higher education. This article mainly through the distribution of questionnaires to teachers of colleges and universities, so as to understand the degree of informatization in the teaching of colleges and universities. And on the basis of domestic and foreign scholars' research on higher education informatization, it analyzes the existing problems, and finds the optimal solution based on the needs of education and teaching development. According to the survey results, most college teachers will use information technology in teaching practice, but the information technology teaching tools used by teachers are relatively simple, and most of them only use slides. In addition, backward informatization infrastructure and less informatization training are the main challenges facing the current teaching informatization construction. If colleges and universities can make good use of information technology and multimedia technology and combine it with traditional teaching, it will definitely promote the development of college education and further promote the modernization and informatization of higher education.

Keywords: higher education, teaching practice, informatization construction, e-education

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16082 The Political Economy of Conservation at Bhitarkanika Wild Life Sanctuary, India: Conflicts, Sustainability, and Development

Authors: Diptimayee Nayak, V. Upadhyay

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This paper posits the attempt of conservation and the idea of protected areas from the Marxian primitive accumulation to the politics of sustainability. Using field survey data and secondary literature, this paper analyses an Indian wildlife sanctuary, the Bhitarkanika, Odisha and finds how the hegemony of power among different management regimes attempted for conservation and the present protected area management regime attempted to imbibe the policy of ecotourism for achieving sustainability. The paper contends that the current policy of ecotourism in protected areas acts as a veil for the local deprived people, to avoid many legal conflicts like property rights, livelihood, and man-wildlife issues. Moreover, opening the scope to accumulate on the part of tour operators, the policy of ecotourism establishes a nexus between the profit holders/tour operators (the capitalists) and the power hegemony on the part of management authorities. The sustainability attempt of ecotourism may lead to private benefits maximising the profit accumulation and can expand and continue, showing the bulk of employment generation of local people at petty odd jobs, grabbing a lion share! Positing ecotourism as a capitalist project as against the general assumption of one of the drivers of sustainable development, the paper shows that ecotourism in practice may end up ruining the very social-environmental set up, leading to unsustainability related to waste management, equality, culture, relationship and above all polarised private accumulators in absence of sound mechanism. The paper ends with the caveat that while shopping for neoliberal conservation, the conservators found ecotourism as a product without finalising the hallmark of mechanism/ institutions with appropriate modus operandii to check/guard the quality assurance/standard of ecotourism for sustainability. The paper proposes sound structural and institutional mechanism of ecotourism to be developed to harness sustainability in the local economy as well as in conservation.

Keywords: conservation, ecotourism, Marxian capitalism, protected areas, sustainability

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16081 An International Analysis of Career Development and Management Programs for High-Performance Athletes: A Perspective of Organizational Support

Authors: H. J. Hong

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Sporting organizations are arguably responsible for encouraging high-performance athletes to balance their life and identity during their sporting career; sporting organizations can establish the motivational climate for high-performance athletes using athlete career development and management programs. The purpose of this article to provide an overview of career development and management programs in 20 countries and to examine the following seven features of the programs: (1) Which government-funded sporting organizations provide career development and management programs? (2) Which athletes are eligible to access the programs? (3) What are the aims and objectives of the programs? (4) What are the activities and content of the programs? (5) Who is responsible for the delivery of the programs within organizations (e.g., advisors, coordinators, service providers, counsellors, etc.)? (6) Do the sporting organizations have training and development programs for support services providers? and (7) Do the sporting organizations assess the programs in terms of the programs’ impact on high-performance athletes’ career development and management skills? Web-based data collection was conducted first. The author contacted the sporting organizations to clarify information as required by requesting further information via emails, international calls, video calls on Skype, and by visiting the sporting organizations and meeting with the practitioners (Fiji, Ireland, Korea, Scotland, Singapore, and Spain). By selecting comparable career development and management programs, the present study reviews programs across the world, identifying similarities, differences, and difficulties, so that sporting organizations and practitioners may enhance the quality of their programs. Since international comparisons of career development and management programs remain scarce, the findings deepen the knowledge of high-performance athletes’ career development, management, and transitions in the areas of organizational support programs.

Keywords: athletes' career development and management, athletes' psychological preparation, organizational support, sport career transition

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16080 Commercial Law Between Custom and Islamic Law

Authors: Mohamed Zakareia Ghazy Aly Belal

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Commercial law is the set of legal rules that apply to business and regulates the trade of trade. The meaning of this is that the commercial law regulates certain relations only that arises as a result of carrying out certain businesses. which are business, as it regulates the activity of a specific sect, the sect of merchants, and the commercial law as other branches of the law has characteristics that distinguish it from other laws and various, and various sources from which its basis is derived from It is the objective or material source. the historical source, the official source and the interpretative source, and we are limited to official sources and explanatory sources. so what do you see what these sources are, and what is their degree and strength in taking it in commercial disputes. The first topic / characteristics of commercial law. Commercial law has become necessary for the world of trade and economics, which cannot be dispensed with, given the reasons that have been set as legal rules for commercial field. In fact, it is sufficient to refer to the stability and stability of the environment, and in exchange for the movement and the speed in which the commercial environment is in addition to confidence and credit. the characteristic of speed and the characteristic of trust, and credit are the ones that justify the existence of commercial law. Business is fast, while civil business is slow, stable and stability. The person concludes civil transactions in his life only a little. And before doing any civil action. he must have a period of thinking and scrutiny, and the investigation is the person who wants the husband, he must have a period of thinking and scrutiny. as if the person who wants to acquire a house to live with with his family, he must search and investigate Discuss the price before the conclusion of a purchase contract. In the commercial field, transactions take place very quickly because the time factor has an important role in concluding deals and achieving profits. This is because the merchant in contracting about a specific deal would cause a loss to the merchant due to the linkage of the commercial law with the fluctuations of the economy and the market. The merchant may also conclude more than one deal in one and short time. And that is due to the absence of commercial law from the formalities and procedures that hinder commercial transactions.

Keywords: law, commercial law, business, commercial field

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16079 The Impact of Road Development on the Emergence of the Commercial Area

Authors: Ida Bagus Ilham Malik, Bart Julian Dewancker

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The road construction will affect the development of the region along the new road. With this principle, the government developed Antasari Street in order to become one of the main economic corridors for the city of Bandar Lampung. Since its construction in 1997, Antasari Street developed into one of the main economic corridors that greatly affect the economic condition of the city, in addition to other economic corridors such as Pagar Alam Street and Teuku Umar Street. The data shows that the construction of roads affects economic development in the corridor that with the advent of commercial buildings in large quantities. Among them are shops, office, restaurants, and a car showroom. This study proves that the road construction could accelerate the economic progress of the road corridor, especially in the construction and development of urban roads.

Keywords: road development, commercial area, Antasari street, Bandar Lampung

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16078 Protection of Stakeholders under the Transitional Commercial Code of Eritrea: Comparative Analysis with the 2018 Company Law of Peoples Republic of China

Authors: Hayle Makda Gebru

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Companies are inevitable for society. They are the building blocks of every development in a country aimed at producing continuous goods and services for the people and, in turn, obliged to pay taxes, which enhances the economy of the nation. For the proper functioning of companies, their relationship with their stakeholders must be secure. The major stakeholders are suppliers, consumers, employees, creditors, etc. The law plays an important role in enhancing the relationship between these different stakeholders. If the law fails to keep track of the relationship, both the company and stakeholders remain unprotected. As a result, the potential benefits are prejudiced. This paper makes a comparative analysis of the types and formation of companies under the Transitional Commercial Code of Eritrea and the Company Law of the Peoples Republic of China. In particular, the paper addresses the legal lacuna under the TCrCE on handling the failure of shareholders to pay the promised capital. So, the methodology of the study is entirely analyzing the two countries' laws using practical cases. After analyzing the practical problems on the ground using real cases, this paper calls on Eritrea to update its outdated Commercial Code to give proper protection to the stakeholders.

Keywords: companies, company law of the People's Republic of China, transitional commercial code of Eritrea, protection of stakeholders, failure to pay the promised capital

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16077 The Importance of Sustainable Urban Development and Its Impacts on Turkey’s Urban Environmental Laws

Authors: Azadeh Rezafar, Sevkiye Sence Turk

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Rapid population growth in urban areas and extinction danger of natural resources in order to meet the food needs of these population, has revealed the need for sustainability. It did not last long that city planners realized the importance of an equal access to natural resources with protecting and managing them in cities, in accordance with the concept of sustainable development. Like in other countries The Turkish Government is aware of the importance of the sustainable development in their cities. The government issued new laws for protection of environmental assets and so that the preservation of natural ecology. The main objective of this article is to emphasis the importance of the sustainable development in the context of the developing world by giving special information about the method of the Turkish Government for protecting nature with approval of difference laws in this area.

Keywords: population growth, sustainable development, Turkey, Turkish Urban Environmental Laws

Procedia PDF Downloads 341
16076 The Effects of Resident Fathers on the Children in South Africa: The Case of Selected Household in Golf View, Alice Town, Eastern Cape Province

Authors: Gabriel Acha Ekobi

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Fathers play a crucial role in meeting family needs such as affection, protection, and socio-economic needs of children in the world in general and South Africa in particular. Fathers’ role in children’s lives is important in providing socialization, leadership skills, and teaching societal norms. Fathers influence is very significant for children’s well-being and development as it provides the child with moral lessons, guidance, and economic support. However, there is a paucity of information regarding the effects of fathers on children. In addition, despite legal frameworks such as the African Charter on the Rights and Welfare of the child (1999) introduced by the African Union to promote child rights nevertheless, it appears maltreatment, abuse, and poor health care continue to face children. Also, the Constitution of 1996 of the Republic of South Africa (Section 28 of the Bill of Rights) and the Children’s Act 38 of 2005 were introduced by the South African government to foster the rights of children. Nevertheless, these legal frameworks remain ineffective as children’s rights are still neglected by resident fathers. This paper explores the impact of resident fathers on children in the Golf View, Alice town of the Eastern Cape Province, South Africa. A qualitative research method and an exploratory research design were utilized, and 30 participants took part in the study. The participants comprised of single mothers or caregivers of children, resident fathers and social workers. Eighteen (18) single mothers or caregivers, 10 resident fathers, and two (2) social workers participated in the study. Data was collected using semi-structured and unstructured interviews and analysed thematically. Two main themes were identified: the role of fathers on children and the effects of resident fathers on children. The study found that the presence of fathers in the lives of children prevented psychosocial issues such as stress, depression, violence, and substance abuse. A father’s presence in a household was crucial in instilling moral values in children. This allowed them to build positive characters such as respect, kindness, humility, and compassion. Children with more involved fathers tend to have fewer impulse control problems, longer attention spans, and a higher level of sociability. The study concludes that the fathers’ role prevented anxiety, depression, and stress and led to the improvement of children’s education performance. Nevertheless, the absence of a father as a role model to act as a leader by instilling moral values hinders positive behaviours in children. This study recommended that occupational training and life skills programmes should be introduced by the government and other stakeholders to empower the fathers as this might provide the platform for them to bring up their children properly.

Keywords: children, fathering, household, resident, single parent

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16075 Characterization of Femur Development in Mice: A Computational Approach

Authors: Moncayo Donoso Miguelangel, Guevara Morales Johana, Kalenia Flores Kalenia, Barrera Avellaneda Luis Alejandro, Garzon Alvarado Diego Alexander

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In mammals, long bones are formed by ossification of a cartilage mold during early embryonic development, forming structures called secondary ossification centers (SOCs), a primary ossification center (POC) and growth plates. This last structure is responsible for long bone growth. During the femur growth, the morphology of the growth plate and the SOCs may vary during different developmental stages. So far there are no detailed morphological studies of the development process from embryonic to adult stages. In this work, we carried out a morphological characterization of femur development from embryonic period to adulthood in mice. 15, 17 and 19 days old embryos and 1, 7, 14, 35, 46 and 52 days old mice were used. Samples were analyzed by a computational approach, using 3D images obtained by micro-CT imaging. Results obtained in this study showed that femur, its growth plates and SOCs undergo morphological changes during different stages of development, including changes in shape, position and thickness. These variations may be related with a response to mechanical loads imposed for muscle development surrounding the femur and a high activity during early stages necessary to support the high growth rates during first weeks and years of development. This study is important to improve our knowledge about the ossification patterns on every stage of bone development and characterize the morphological changes of important structures in bone growth like SOCs and growth plates.

Keywords: development, femur, growth plate, mice

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16074 Alexandria’s Eastern Entrance: Analysis of Qaitbay Waterfront Development

Authors: Riham A. Ragheb

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Water is a fundamental attraction in all cultures and among all classes of people, tourists and citizens. It is a favorite location for major tourism initiatives, celebrations and ceremonies. The vitality of any city depends on citizen action to take part in creating the neighborhoods they desire. Waterfront can provide extensive new areas of high quality public open space in parts of the city that are popular venues for social activities and also have the highest land values. Each city must have a character that can be used as a key attraction for the development. The morphology of a waterfront can be identified by both its physical characteristics and the socio-cultural activities that take place in the area. Alexandria has been selected as an area of study because it has a unique character due to its possession of a variety of waterfronts. This paper aims to set some criteria of successful waterfront development and then through these criteria analyzing the development of the Qaitbay waterfront in the eastern harbor in Alexandria, Egypt. Hence, a comprehensive improvement of the waterfront areas is certainly needed to ensure a successful waterfront development radiated the sense of uniformity and coherence. Alexandria can benefit from these criteria to develop its urban waterfront in order to preserve and revitalize its unique waterfront character and achieve mixed uses and tourism development.

Keywords: place making, Qaitbay, responsive environment, sustainable urban design, waterfront development

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16073 The Tourism Management: The Case of Kingdom of Cambodia

Authors: Chanpen Meenakorn

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The purpose of this study are (1) development plan and management strategy of Virachey Natioanl Park, (2) to study stakeholders’ perception on tourism development for sustainable tourism planning and management. The data was collected through 28 sets of questionnaires with the total population of international visitors who were interested in Ecotourism in northeast Cambodia and traveled to Virachey National Park. The SPSS programme was used to analyze the level of visitors’ satisfaction and perception on tourism development. The results of the study indicated that moderate potentiality to be developed as tourist attraction for sustainable tourism development in the park. The components with moderate potential are physical condition, management, activities and process of natural and cultural tourism, and organization and participation of the local community. The study also found that most local communities satisfy with tourism development in the park as well as in their community.

Keywords: Kingdom of Cambodia, stakeholders’ perception, tourism management, Virachey National Park

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16072 The Development of Supported Employment in Malaysia

Authors: Chu Shi Wei

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Supported employment in Malaysia is in the early stages of development. The development of supported employment in Malaysia is an important step towards the inclusion of individuals with disabilities who have previously lacked the necessary support for employment in the open labour market as they were confined to sheltered workshops. There is a paradigm shift from sheltered to supported employment as the sheltered workshop is based on the medical model of disability, which focuses on the disability of the individual and segregated training institutions. The paradigm shift revolves around the social model of disability, which emphasizes the abilities of the individual and the removal of the barriers in the environment by the provision of support. This study explores the development of supported employment by utilizing a mixed methods approach which consists of collecting quantitative data through a survey and interviewing participants to collect qualitative data. Job coaches from six employment sectors participated in the survey and interview. The findings of the study indicate that the role of job coaches is integral to the development of supported employment. The role of job coaches includes job matching, on-the-job training, and developing natural supports to foster greater diversity and inclusion in the workplace.

Keywords: supported employment, disabilities, diversity, development

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16071 The Triple Nexus: Key Challenges in Shifting from Conceptualization to Operationalization of the Humanitarian-Development-Peacebuilding Nexus

Authors: Sarah M. Bolger

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There is a clear recognition that humanitarian and development workers are operating more and more frequently in situations of protracted crises, with conflict and violence undermining long-term development efforts. First coined at the World Humanitarian Summit in 2016, the humanitarian-development-peacebuilding nexus – or 'Triple Nexus' - seeks to promote greater cooperation and policy and program coherence amongst organizations working within and across the nexus. However, despite the clear need for such an approach, the Triple Nexus has failed to gain much traction. This is largely due to the lack of conceptual clarity for actors on the ground and the disconnect between the theory of the Triple Nexus and what that means in practice. This paper seeks to identify the key challenges in shifting from the conceptual definition of the Triple Nexus and what that can look like, particularly for multi-mandated organizations, to the operationalization of the Triple Nexus approach. It adopts a case study approach, examining a selection of organizations and programs and their approaches to the Triple Nexus in order to extract key challenges and lessons learned. Finally, key recommendations are provided on how these challenges can be overcome, allowing for the operationalization of the Triple Nexus and ultimately for a more integrated and sustainable approach to humanitarian, development, and peacebuilding work.

Keywords: development, humanitarian, peacebuilding, triple nexus

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16070 The Emotional Education in the Development of Intercultural Competences

Authors: Montserrrat Dopico Gonzalez, Ramon Lopez Facal

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The development of a critical, open and plural citizenship constitutes one of the main challenges of the school institution in the present multicultural societies. Didactics in Social Sciences has conducted important contributions to the development of active methodologies to promote the development of the intercultural competencies of the student body. Research in intercultural education has demonstrated the efficiency of the cooperative learning techniques to improve the intercultural relations in the classroom. Our study proposes to check the effect that, concerning the development of intercultural competencies of the student body, the emotional education can have in the context of the use of active methodologies such as the learning by projects and the cooperative learning. To that purpose, a programme of intervention based on activities focussed on controversial issues related to cultural diversity has been implemented in several secondary schools. Through a methodology which combines intercultural competence scales with interviews and also with the analysis of the school body’s productions, the persistence of stereotypes against immigration and the efficacy of the introduction of emotional education elements in the development of intercultural competencies have both been observed.

Keywords: active methodologies, didactics in social sciences, intercultural competences, intercultural education

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16069 The Powerful of Training; Development and Compensation; Rewards in Sustaining SME’s Performance

Authors: Mohd Fitri Mansor, Noor Hidayah Abu, Hussen Nasir

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Human capital is one of valuable assets to the organization in order to sustain organization performance and to achieve both employees and employer objectives. The aim of the study is to examine the powerful of both Human Resource practices (i.e. Training & Development and Compensation & Rewards) towards sustaining SME’s performance. The objectives of the current study are to examine the relationship between training and development as well as compensation and rewards in sustaining Malaysian SME’s performance. Finally, is to identify the strongest variable contribute to the sustainability of SMEs performance. The result from 80 Malaysian SME’s owners found that both variables training & development and compensation & rewards significantly contributes to the sustainability of SME,s performance. Meanwhile, the strongest variable contributes to the sustainability of SMEs performance was training and development. The study contributes to the knowledge and awareness to the SME’s owners an important or the powerful of human resource practices in sustaining their organization performance.

Keywords: training and development, compensation and rewards, sustainability, SME’s performance

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16068 Internally Displaced Persons: Implication to National Development in Nigeria

Authors: Olasunkanmi G. Jeje, John G. Laah, Eunice S. A. Jeje

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In recent times Nigeria has been bedeviled with political, religious and ethnic crises such as indigene/settler phenomena, Boko Haram etc. resulting in the emergence of internally displaced persons(IDPs), this has been a hunch on national development. Most states of the federation have had their share of one crisis or the other such as Jos, Yobe, Borno etc thereby affecting the economy of the country. These persons are uprooted from their residential locations of which they are active contributors to the national GDP. In addition, the attempt to rehabilitate them has gulped billions of naira for feeding, shelter and medicals etc., which is not adequate for such. However, the financing could have been used for projects such as capacity building and infrastructural development. Similarly, traumatic experience by this group of people is overwhelming as most of them are mainly the aged, women and children. Importantly, the active roles of youths that constitute the productive sector of the economy have also been truncated. Therefore, it is the prerogative of this research to examine the effect of IDP's on National Development and also to recommend solutions.

Keywords: development, implication, internally displaced persons, Nigeria

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16067 Role of Zakat and Awqf in Socioeconomic Development of Pakistan: Exploring the Issues and Challenges

Authors: Marium. K.Makhdoom, Talat Hussain, Syed H. Bukhari

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The motivation behind this paper is to focus the need of Zakat as a monetary framework with a specific end goal and as a social equity instrument and minimization of the level of poverty in society to assess the socioeconomic development. The procedure of the study includes investigating the applied system of Islamic economics to propose an option display so as to contribute fundamentally to the Ummah and serving the countries. This paper closes to be viewed Zakat as one of the best possible strategies to quantify the socioeconomic development, which implies when individuals pay Zakat the socioeconomic development level will be higher and vice versa. The duties of Muslims to pay Zakat to accomplish practical improvement as far as wealth redistribution in the middle of Muslims and in addition overcoming any and all hardships between the rich and the poor in the general public. The paper adds to consider Zakat as an index to gauge economic development, moreover, the part of Zakat as an instrument of social equity and neediness destruction in the public eye. By and large, this includes the installment every year of more than two percent of one's capital after the needs of the family have been met.

Keywords: Zakat, Waqf, economic development, Pakistan, Islamic economics, macroeconomics, microeconomics

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16066 Urban Planning and Sustainable Cities: Issues and Viewpoints

Authors: Prince, Amoako

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This article provides an overview of academic research on urban future planning, with a focus on sustainable cities. The goal of the article is to provide a global update on the issues and viewpoints that are now surrounding urban planning, sustainability, and development. Based on scholarly and scientific research, the review presents potential avenues of investigation and development for ensuring a sustainable urban future. Recent scholarly research in the context of sustainable cities has focused on the conceptualization and knowledge generation involved in building sustainable cities. The goal of the study is to describe the present state of research on concepts and terminologies related to sustainable cities, planning, and techniques for developing and evaluating urban sustainability, even though its breadth may not be all-inclusive. The objective is to offer local governments, urban and development practitioners and other stakeholders some perspective and guidance in striving towards urban sustainability in the future.

Keywords: urban sustainability, sustainable urban development, sustainability assessment, sustainable development, sustainable cities

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16065 The African Notion of Moral Personhood

Authors: Meshandren Naidoo

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Personhood is an important philosophical and ethical device that belies many major ethical and legal issues. The concept of African personhood is often overlooked, however, given the decolonization projects occurring in Africa, it is important to consider this view. African personhood, as opposed to Western personhood, is not individualistic in nature. The latter is predominantly Kantian and based on the notion that all persons have equal moral due to their capacity for a reason, whereas communitarianism is central to an African conception of personhood.

Keywords: African philosophy, bioethics, ethics, personhood

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16064 Homosexuality and Culture: A Case Study Depicting the Struggles of a Married Lady

Authors: Athulya Jayakumar, M. Manjula

Abstract:

Though there has been a shift in the understanding of homosexuality from being a sin, crime or pathology in the medical and legal perspectives, the acceptance of homosexuality still remains very scanty in the Indian subcontinent. The present case study is a 24-year-old female who has completed a diploma in polytechnic engineering and residing in the state of Kerala. She initially presented with her husband with complaints of lack of sexual desire and non-cooperation from the index client. After an initial few sessions, the client revealed, in an individual session, about her homosexual orientation which was unknown to her family. She has had multiple short-term relations with females and never had any heterosexual orientation/interest. During her adolescence, she was wondering if she could change herself into a male. However, currently, she accepts her gender. She never wanted a heterosexual marriage; but, had to succumb to the pressure of mother, as a result of a series of unexpected incidents at home and had to agree for the marriage, also with a hope that she may change herself into a bi-sexual. The client was able to bond with the husband emotionally but the multiple attempts at sexual intercourse, at the insistence of the husband, had always been non-pleasurable and induced a sense of disgust. Currently, for several months, there has not been any sexual activity. Also, she actively avoids any chance to have a warm communication with him so that she can avoid chances of him approaching her in a sexual manner. The case study is an attempt to highlight the culture and the struggles of a homosexual individual who comes to therapy for wanting to be a ‘normal wife’ despite having knowledge of legal rights and scenario. There is a scarcity of Indian literature that has systematically investigated issues related to homosexuality. Data on prevalence, emotional problems faced and clinical services available are sparse though it is crucial for increasing understanding of sexual behaviour, orientation and difficulties faced in India.

Keywords: case study, culture, cognitive behavior therapy, female homosexuality

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16063 Leveraging Employee Resource Groups (ERGs) as Agents of Change: An Exploration of Edgar Schein's Culture Work in Organizational Development

Authors: Jeanetta Darno

Abstract:

This paper explores the realm of organizational development through the lens of Edgar Schein's seminal work on culture and change. Specifically, the paper will focus on the strategic implementation of Employee Resource Groups (ERGs) as powerful interventions for catalyzing culture change within modern workplaces. Edgar Schein's foundational theories on organizational culture and his renowned model of culture work will serve as the theoretical framework to guide the exploration of how ERGs can be harnessed as transformative tools in organizational development initiatives. Through a review of literature combined with content analysis, this paper will explore how ERGs align with Schein's principles, contribute to development, and drive positive cultural shifts toward inclusion and equity. The paper aims to provide practical insights for organizational leaders, HR practitioners, and change agents looking to integrate ERGs effectively into their culture change efforts, thereby advancing the field of organizational development informed by Schein's influential framework. The objective of the paper is to investigate and understand the intersection between Employee Resource Groups (ERGs) and Edgar Schein's Culture Work within the context of organizational development.

Keywords: inclusive leadership, culture, equity, employee resource groups, organization development

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16062 An Observation of the Information Technology Research and Development Based on Article Data Mining: A Survey Study on Science Direct

Authors: Muhammet Dursun Kaya, Hasan Asil

Abstract:

One of the most important factors of research and development is the deep insight into the evolutions of scientific development. The state-of-the-art tools and instruments can considerably assist the researchers, and many of the world organizations have become aware of the advantages of data mining for the acquisition of the knowledge required for the unstructured data. This paper was an attempt to review the articles on the information technology published in the past five years with the aid of data mining. A clustering approach was used to study these articles, and the research results revealed that three topics, namely health, innovation, and information systems, have captured the special attention of the researchers.

Keywords: information technology, data mining, scientific development, clustering

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16061 Software Cloning and Agile Environment

Authors: Ravi Kumar, Dhrubajit Barman, Nomi Baruah

Abstract:

Software Cloning has grown an active area in software engineering research community yielding numerous techniques, various tools and other methods for clone detection and removal. The copying, modifying a block of code is identified as cloning as it is the most basic means of software reuse. Agile Software Development is an approach which is currently being used in various software projects, so that it helps to respond the unpredictability of building software through incremental, iterative, work cadences. Software Cloning has been introduced to Agile Environment and many Agile Software Development approaches are using the concept of Software Cloning. This paper discusses the various Agile Software Development approaches. It also discusses the degree to which the Software Cloning concept is being introduced in the Agile Software Development approaches.

Keywords: agile environment, refactoring, reuse, software cloning

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16060 Research on the Strategy of Whole-Life-Cycle Campus Design from the Perspective of Sustainable Concept: A Case Study on Hangzhou Senior High School in Zhejiang

Authors: Fan Yang

Abstract:

With the development of social economy and the popularization of quality education, the Chinese government invests more and more funding in education. Campus constructions are experiencing a great development phase. Under the trend of sustainable development, modern green campus design needs to meet new requirements of contemporary, informational and diversified education means and adapt to future education development. Educators, designers and other participants of campus design are facing new challenges. By studying and analyzing the universal unsatisfied current situations and sustainable development requirements of Chinese campuses, this paper summarizes the strategies and intentions of the whole-life-cycle campus design. In addition, a Chinese high school in Zhejiang province is added to illustrate the design cycle in an actual case. It is aimed to make all participants of campus design, especially the designers, to realize the importance of whole-life-cycle campus design and cooperate better. Sustainable campus design is expected to come true in deed instead of becoming a slogan in this way.

Keywords: campus design, green school, sustainable development, whole-life-cycle design

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16059 The Impact of a Simulated Teaching Intervention on Preservice Teachers’ Sense of Professional Identity

Authors: Jade V. Rushby, Tony Loughland, Tracy L. Durksen, Hoa Nguyen, Robert M. Klassen

Abstract:

This paper reports a study investigating the development and implementation of an online multi-session ‘scenario-based learning’ (SBL) program administered to preservice teachers in Australia. The transition from initial teacher education to the teaching profession can present numerous cognitive and psychological challenges for early career teachers. Therefore, the identification of additional supports, such as scenario-based learning, that can supplement existing teacher education programs may help preservice teachers to feel more confident and prepared for the realities and complexities of teaching. Scenario-based learning is grounded in situated learning theory which holds that learning is most powerful when it is embedded within its authentic context. SBL exposes participants to complex and realistic workplace situations in a supportive environment and has been used extensively to help prepare students in other professions, such as legal and medical education. However, comparatively limited attention has been paid to investigating the effects of SBL in teacher education. In the present study, the SBL intervention provided participants with the opportunity to virtually engage with school-based scenarios, reflect on how they might respond to a series of plausible response options, and receive real-time feedback from experienced educators. The development process involved several stages, including collaboration with experienced educators to determine the scenario content based on ‘critical incidents’ they had encountered during their teaching careers, the establishment of the scoring key, the development of the expert feedback, and an extensive review process to refine the program content. The 4-part SBL program focused on areas that can be challenging in the beginning stages of a teaching career, including managing student behaviour and workload, differentiating the curriculum, and building relationships with colleagues, parents, and the community. Results from prior studies implemented by the research group using a similar 4-part format have shown a statistically significant increase in preservice teachers’ self-efficacy and classroom readiness from the pre-test to the final post-test. In the current research, professional teaching identity - incorporating self-efficacy, motivation, self-image, satisfaction, and commitment to teaching - was measured over six weeks at multiple time points: before, during, and after the 4-part scenario-based learning program. Analyses included latent growth curve modelling to assess the trajectory of change in the outcome variables throughout the intervention. The paper outlines (1) the theoretical underpinnings of SBL, (2) the development of the SBL program and methodology, and (3) the results from the study, including the impact of the SBL program on aspects of participating preservice teachers’ professional identity. The study shows how SBL interventions can be implemented alongside the initial teacher education curriculum to help prepare preservice teachers for the transition from student to teacher.

Keywords: classroom simulations, e-learning, initial teacher education, preservice teachers, professional learning, professional teaching identity, scenario-based learning, teacher development

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16058 Climate Change Law and Transnational Corporations

Authors: Manuel Jose Oyson

Abstract:

The Intergovernmental Panel on Climate Change (IPCC) warned in its most recent report for the entire world “to both mitigate and adapt to climate change if it is to effectively avoid harmful climate impacts.” The IPCC observed “with high confidence” a more rapid rise in total anthropogenic greenhouse gas emissions (GHG) emissions from 2000 to 2010 than in the past three decades that “were the highest in human history”, which if left unchecked will entail a continuing process of global warming and can alter the climate system. Current efforts, however, to respond to the threat of global warming, such as the United Nations Framework Convention on Climate Change and the Kyoto Protocol, have focused on states, and fail to involve Transnational Corporations (TNCs) which are responsible for a vast amount of GHG emissions. Involving TNCs in the search for solutions to climate change is consistent with an acknowledgment by contemporary international law that there is an international role for other international persons, including TNCs, and departs from the traditional “state-centric” response to climate change. Putting the focus of GHG emissions away from states recognises that the activities of TNCs “are not bound by national borders” and that the international movement of goods meets the needs of consumers worldwide. Although there is no legally-binding instrument that covers TNC activities or legal responsibilities generally, TNCs have increasingly been made legally responsible under international law for violations of human rights, exploitation of workers and environmental damage, but not for climate change damage. Imposing on TNCs a legally-binding obligation to reduce their GHG emissions or a legal liability for climate change damage is arguably formidable and unlikely in the absence a recognisable source of obligation in international law or municipal law. Instead a recourse to “soft law” and non-legally binding instruments may be a way forward for TNCs to reduce their GHG emissions and help in addressing climate change. Positive effects have been noted by various studies to voluntary approaches. TNCs have also in recent decades voluntarily committed to “soft law” international agreements. This development reflects a growing recognition among corporations in general and TNCs in particular of their corporate social responsibility (CSR). While CSR used to be the domain of “small, offbeat companies”, it has now become part of mainstream organization. The paper argues that TNCs must voluntarily commit to reducing their GHG emissions and helping address climate change as part of their CSR. One, as a serious “global commons problem”, climate change requires international cooperation from multiple actors, including TNCs. Two, TNCs are not innocent bystanders but are responsible for a large part of GHG emissions across their vast global operations. Three, TNCs have the capability to help solve the problem of climate change. Assuming arguendo that TNCs did not strongly contribute to the problem of climate change, society would have valid expectations for them to use their capabilities, knowledge-base and advanced technologies to help address the problem. It would seem unthinkable for TNCs to do nothing while the global environment fractures.

Keywords: climate change law, corporate social responsibility, greenhouse gas emissions, transnational corporations

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