Search results for: international courts

Authors: Farshad Ghodoosi

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This article analyzes the effect of supervening events in contracts. Contracts serve an important function: allocation of risks. In spite of its importance, the case law and the doctrine are messy and inconsistent. This article provides a fresh look at excuse doctrines (i.e., force majeure, impracticability, impossibility, and frustration) with a focus on force majeure clauses. The article makes the following contributions: First, it furnishes a new conceptual and theoretical framework of excuse doctrines. By distilling the decisions, it shows that excuse doctrines rests on the triangle of control, foreseeability, and contract language. Second, it analyzes force majeure clauses used by S&P 500 companies to understand the stickiness and similarity of such clauses and the events they cover. Third, using computational and statistical tools, it analyzes US cases since 1810 in order to assess the weight given to the triangle of control, foreseeability, and contract language. It shows that the control factor plays an important role in force majeure analysis, while the contractual interpretation is the least important factor. The Article concludes that it is the standard for control -whether the supervening event is beyond the control of the party- that determines the outcome of cases in the force majeure context and not necessarily the contractual language. This article has important implications on COVID-19-related contractual cases. Unlike the prevailing narrative that it is the language of the force majeure clause that’s determinative, this article shows that the primarily focus of the inquiry will be on whether the effects of COVID-19 have been beyond the control of the promisee. Normatively, the Article suggests that the trifactor of control, foreseeability, and contractual language are not effective for allocation of legal risks in times of crises. It puts forward a novel approach to force majeure clauses whereby that the courts should instead focus on the degree to which parties have relied on (expected) performance, in particular during the time of crisis.

Keywords: contractual risks, force majeure clauses, foreseeability, control, contractual language, computational analysis

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Authors: Glyn Atwal, Douglas Bryson

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The rapid expansion of a consumer class in India has also coincided with an increasing awareness of social and environmental issues. The overall objective of this study explores to what extent Corporate Social Responsibility (CSR) can lead to luxury brand avoidance within an Indian context. In-depth interviews were conducted with luxury consumers in New Delhi. The demographic breakdown of those interviewed was 16 males and 9 females, aged between 21 and 44. Antecedents of brand avoidance could be sorted according to two main categories. The first category was consumer dissatisfaction due to poor product or service performance. Customer service, particularly within the hospitality sector, was identified as a defining source of brand avoidance. The second category was negative stereotypes of brand users. A salient finding was that no single participant explicitly identified CSR as a source of brand avoidance. However, the interviews revealed that luxury consumers are in fact concerned about CSR issues but assume that international luxury brands have a positive record on CSR performance. Interestingly, participants placed greater emphasis on the broader interpretation of ‘corporate reputation’ rather than specific social or environmental issues to determine the CSR performance of a luxury brand. The findings reported in this exploratory study suggest that Indian luxury consumers do value the overall CSR performance of luxury brands expressed as a brand responsibility or brand reputation, and this is a potential source of brand avoidance. International luxury brands need, therefore, consider developing but also communicating a positive CSR strategy in order to reduce the risk of customers forming negative opinions about the brand.

Keywords: brand avoidance, CSR, luxury

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Authors: Xuechen Chen

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The EU-ASEAN relations which can be dated back to 1972 represents one of the oldest group-to-group relationship in international politics. Despite a longstanding dialogue partnership, the EU and ASEAN have long been reluctant to forge deeper and substantial cooperation in political and security domains. However, the year of 2012 witnessed a salient shift in EU-ASEAN relations, with the EU significantly elevating ASEAN's profile in its external relations. Given the limited scholarly attention that has been devoted to this change in ASEAN-EU relations, this article explores why there has been a greater level of engagement and approximation between the EU and ASEAN. In particular, it asks why the EU, which had long been reluctant to recognize ASEAN as a strategic partner, has changed its policy towards ASEAN. Drawing on social constructivism, this article argues that the EU’s and ASEAN’s evolving identity-formation processes have played a significant role in reshaping their mutual perceptions, which subsequently leads to the modification of the interregional policies of both actors. The methodology of this study is based on content analysis of a wide range of official documents and policy papers from the EU and ASEAN, as well as more than 20 in-depth elite interviews with diplomats and experts working on the EU-ASEAN relationship from both organisations. Departing from the existing works which mainly adopt a Eurocentric perspective when analysing the EU-ASEAN interregionalism, this study suggests that the approximation of the EU-ASEAN relationship between 2012 and 2017 is driven by both actors’ adjustment of international identities, together with the internal dynamics and systematic changes within both regions.

Keywords: Association of Southeast Asia Nations, European Union, EU foreign policy, interregionalism

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Authors: María-Dolores Afonso-Suárez, Nayra Pumar-Carreras, Juan Ruiz-Alzola

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This research addresses the use of an e-Learning creation methodology for learning objects. Throughout the process, indicators are being gathered, to determine if it responds to the main objectives of an engineering discipline. These parameters will also indicate if it is necessary to review the creation cycle and readjust any phase. Within the project developed for this study, apart from the use of structured methods, there has been a central objective: the establishment of a learning atmosphere. A place where all the professionals involved are able to collaborate, plan, solve problems and determine guides to follow in order to develop creative and innovative solutions. It has been outlined as a blended learning program with an assessment plan that proposes face to face lessons, coaching, collaboration, multimedia and web based learning objects as well as support resources. The project has been drawn as a long term task, the pilot teaching actions designed provide the preliminary results object of study. This methodology is been used in the creation of learning content for the African countries of Senegal, Mauritania and Cape Verde. It has been developed within the framework of the MACbioIDi, an Interreg European project for the International cooperation and development. The educational area of this project is focused in the training and advice of professionals of the medicine as well as engineers in the use of applications of medical imaging technology, specifically the 3DSlicer application and the Open Anatomy Browser.

Keywords: teaching contents engineering, e-learning, blended learning, international cooperation, 3dslicer, open anatomy browser

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Authors: Rami Georg Johann

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Against the background of the current geopolitical constellations, the author looks at various empire models, which are discussed and compared with each other with regard to their stability and functioning. The focus is on the fifth concept as a possible new world order in the 21st century. These will be discussed and compared to one another according to their stability and functioning. All empires to be designed will be conceptualised based on one, two, three, four, and five worlds. All worlds are made up of a different constellation of states and relating coalitions. All systems will be discussed in detail. The one-world-system, the“Western Empire,” will be presented as a possible solution to a new world order in the 21st century (fifth concept). The term “Western” in “Western Empire” describes the Western concept after World War II. This Western concept was the result of two horrible world wars in the 20th century.” With this in mind, the fifth concept forms a stable empire system, the “Western Empire,” by political measures tied to two issues. Thus, this world order provides a significantly higher long-term stability in contrast to all other empire models (comprising five, four, three, or two worlds). Confrontations and threats of war are reduced to a minimum. The two issues mentioned are “merger” and “competition.” These are the main differences in forming an empire compared to all empires and realms in the history of mankind. The fifth concept of this theory, the “Western Empire,” acts explicitly as a counter model. The Western Empire (fifth concept) is formed by the merger of world powers without war. Thus, a world order without competition is created. This merged entity secures long-term peace, stability, democratic values, freedom, human rights, equality, and justice in the new world order.

Keywords: empire formation, theory of international relations, Western Empire, world order

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Authors: Mojtaba Taheri, Saied Reza Ameli

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In this research, we have calculated the effect of membership in international climate change treaties for 20 developed countries based on the human development index (HDI) and compared this effect with the process of pollutant reduction in the Environmental Kuznets Curve (EKC) theory. For this purpose, the data related to The real GDP per capita with 2010 constant prices is selected from the World Development Indicators (WDI) database. Ecological Footprint (ECOFP) is the amount of biologically productive land needed to meet human needs and absorb carbon dioxide emissions. It is measured in global hectares (gha), and the data retrieved from the Global Ecological Footprint (2021) database will be used, and we will proceed by examining step by step and performing several series of targeted statistical regressions. We will examine the effects of different control variables, including Energy Consumption Structure (ECS) will be counted as the share of fossil fuel consumption in total energy consumption and will be extracted from The United States Energy Information Administration (EIA) (2021) database. Energy Production (EP) refers to the total production of primary energy by all energy-producing enterprises in one country at a specific time. It is a comprehensive indicator that shows the capacity of energy production in the country, and the data for its 2021 version, like the Energy Consumption Structure, is obtained from (EIA). Financial development (FND) is defined as the ratio of private credit to GDP, and to some extent based on the stock market value, also as a ratio to GDP, and is taken from the (WDI) 2021 version. Trade Openness (TRD) is the sum of exports and imports of goods and services measured as a share of GDP, and we use the (WDI) data (2021) version. Urbanization (URB) is defined as the share of the urban population in the total population, and for this data, we used the (WDI) data source (2021) version. The descriptive statistics of all the investigated variables are presented in the results section. Related to the theories of sustainable development, Environmental Kuznets Curve (EKC) is more significant in the period of study. In this research, we use more than fourteen targeted statistical regressions to purify the net effects of each of the approaches and examine the results.

Keywords: climate change, globalization, environmental economics, sustainable development, international climate treaty

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Authors: Andre Sanches Siqueira Campos

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Central banks can play a significant role in promoting regional economic and monetary integration by strengthening the payment and settlement systems. However, close coordination and cooperation require facilitating the implementation of reforms at domestic and cross-border levels in order to benchmark with international standards and commitments to the liberal order. This situation reflects the normative power of the regulatory globalization dimension of strong states, which may drive or constrain regional integration. In the MERCOSUR and SAARC regions, central banks have set financial initiatives that could facilitate South America and South Asia regions to move towards convergence integration and facilitate trade and investments connectivities. This is qualitative method research based on a combination of the Process-Tracing method with Qualitative Comparative Analysis (QCA). This research approaches multiple forms of data based on central banks, regional organisations, national governments, and financial institutions supported by existing literature. The aim of this research is to analyze the decision-making process of the Central Bank of Brazil (BCB) and the Reserve Bank of India (RBI) towards regional financial cooperation by identifying connectivity instruments that foster, gridlock, or redefine cooperation. The BCB and The RBI manage the monetary policy of the largest economies of those regions, which makes regional cooperation a relevant framework to understand how they provide an effective institutional arrangement for regional organisations to achieve some of their key policies and economic objectives. The preliminary conclusion is that both BCB and RBI demonstrate a reluctance to deepen regional cooperation because of the existing economic, political, and institutional asymmetries. Deepening regional cooperation is constrained by the interests of central banks in protecting their economies from risks of instability due to different degrees of development between countries in their regions and international financial crises that have impacted the international system in the 21st century. Reluctant regional integration also provides autonomy for national development and political ground for the contestation of Global Financial Governance by Brazil and India.

Keywords: Brazil, central banks, decision-making process, global financial governance, India, MERCOSUR, connectivity, payment system, regional cooperation, SAARC

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Authors: Rajendra Chetty

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The paper aims to address two aspects of postgraduate studies: interdisciplinary research and creative models of supervision. Interdisciplinary research can be viewed as a key imperative to solve complex problems. While excellent research requires a context of disciplinary strength, the cutting edge is often found at the intersection between disciplines. Interdisciplinary research foregrounds a team approach and information, methodologies, designs, and theories from different disciplines are integrated to advance fundamental understanding or to solve problems whose solutions are beyond the scope of a single discipline. Our aim should also be to generate research that transcends the original disciplines i.e. transdisciplinary research. Complexity is characteristic of the knowledge economy, hence, postgraduate research and engaged scholarship should be viewed by universities as primary vehicles through which knowledge can be generated to have a meaningful impact on society. There are far too many ‘ordinary’ studies that fall into the realm of credentialism and certification as opposed to significant studies that generate new knowledge and provide a trajectory for further academic discourse. Secondly, the paper will look at models of supervision that are different to the dominant ‘apprentice’ or individual approach. A reflective practitioner approach would be used to discuss a range of supervision models that resonate well with the principles of interdisciplinarity, growth in the postgraduate sector and a commitment to engaged scholarship. The global demand for postgraduate education has resulted in increased intake and new demands to limited supervision capacity at institutions. Team supervision lodged within large-scale research projects, working with a cohort of students within a research theme, the journal article route of doctoral studies and the professional PhD are some of the models that provide an alternative to the traditional approach. International cooperation should be encouraged in the production of high-impact research and institutions should be committed to stimulating international linkages which would result in co-supervision and mobility of postgraduate students and global significance of postgraduate research. International linkages are also valuable in increasing the capacity for supervision at new and developing universities. Innovative co-supervision and joint-degree options with global partners should be explored within strategic planning for innovative postgraduate programmes. Co-supervision of PhD students is probably the strongest driver (besides funding) for collaborative research as it provides the glue of shared interest, advantage and commitment between supervisors. The students’ field serves and informs the co-supervisors own research agendas and helps to shape over-arching research themes through shared research findings.

Keywords: interdisciplinarity, internationalisation, postgraduate, supervision

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Authors: Vladimir Sharapaev

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This paper seeks to address the question of the authorship of copyrighted works created solely by the artificial intelligence or with the use thereof, and proposes possible interpretational or legislative solutions to the problems arising from the plurality of the persons potentially involved in the ultimate creation of the work and division of tasks among such persons. Being based on the commonly accepted assumption that a copyrighted work can only be created by a natural person, the paper does not deal with the issues regarding the creativity of the artificial intelligence per se (or the lack thereof), and instead focuses on the distribution of the intellectual property rights potentially belonging to the creators of the artificial intelligence and/or the creators of the content used for the formation of the copyrighted work. Moreover, the technical development and rapid improvement of the AI-based programmes, which tend to be reaching even greater independence on a human being, give rise to the question whether the initial creators of the artificial intelligence can be entitled to the intellectual property rights to the works created by such AI at all. As the juridical practice of some European courts and legal doctrine tends to incline to the latter opinion, indicating that the works created by the AI may not at all enjoy copyright protection, the questions of authorships appear to be causing great concerns among the investors in the development of the relevant technology. Although the technology companies dispose with further instruments of protection of their investments, the risk of the works in question not being copyrighted caused by the inconsistency of the case law and a certain research gap constitutes a highly important issue. In order to assess the possible interpretations, the author adopted a doctrinal and analytical approach to the research, systematically analysing the European and Czech copyright laws and case law in some EU jurisdictions. This study aims to contribute to greater legal certainty regarding the issues of the authorship of the AI-created works and define possible clues for further research.

Keywords: artificial intelligence, copyright, authorship, copyrighted work, intellectual property

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Authors: Randall E. Osborne

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In a course on International Psychology, 8 theoretical perspectives (Critical Psychology, Liberation Psychology, Post-Modernism, Social Constructivism, Social Identity Theory, Social Reduction Theory, Symbolic Interactionism, and Vygotsky’s Sociocultural Theory) are used as a framework for getting students to understand the concept of and need for Globalization. One of critical psychology's main criticisms of conventional psychology is that it fails to consider or deliberately ignores the way power differences between social classes and groups can impact the mental and physical well-being of individuals or groups of people. Liberation psychology, also known as liberation social psychology or psicología social de la liberación, is an approach to psychological science that aims to understand the psychology of oppressed and impoverished communities by addressing the oppressive sociopolitical structure in which they exist. Postmodernism is largely a reaction to the assumed certainty of scientific, or objective, efforts to explain reality. It stems from a recognition that reality is not simply mirrored in human understanding of it, but rather, is constructed as the mind tries to understand its own particular and personal reality. Lev Vygotsky argued that all cognitive functions originate in, and must therefore be explained as products of social interactions and that learning was not simply the assimilation and accommodation of new knowledge by learners. Social Identity Theory discusses the implications of social identity for human interactions with and assumptions about other people. Social Identification Theory suggests people: (1) categorize—people find it helpful (humans might be perceived as having a need) to place people and objects into categories, (2) identify—people align themselves with groups and gain identity and self-esteem from it, and (3) compare—people compare self to others. Social reductionism argues that all behavior and experiences can be explained simply by the affect of groups on the individual. Symbolic interaction theory focuses attention on the way that people interact through symbols: words, gestures, rules, and roles. Meaning evolves from human their interactions in their environment and with people. Vygotsky’s sociocultural theory of human learning describes learning as a social process and the origination of human intelligence in society or culture. The major theme of Vygotsky’s theoretical framework is that social interaction plays a fundamental role in the development of cognition. This presentation will discuss how these theoretical perspectives are incorporated into a course on International Psychology, a course on the Politics of Hate, and a course on the Psychology of Prejudice, Discrimination and Hate to promote student thinking in a more ‘global’ manner.

Keywords: globalization, international psychology, society and culture, teaching interculturally

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Authors: Ahmad Al-Turki

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Composting is the suitable way of recycling organic waste for agricultural application and environment protection. In Saudi Arabia, several composting facilities are available and producing high quantity of composts. The aim of this study is to evaluate the physical characteristics of composts manufactured in Saudi Arabia and acquire a comprehensive image of its quality through the comparative with international standards of compost quality such as CCQC and PAS-100. In the present study different locally produced compost were identified and most of the producing factories were visited during the manufacturing of composts. Representative samples of different compost production stage were collected and Physical characteristics were determined, which included moisture content, bulk density, percentage of sand and the size of distribution of the compost particles. Results showed wide variations in all parameters investigated. Results of the study indicated generally that there is a wide variation in the physical characteristics of the types of compost under study. The initial moister contents in composts were generally low, it was less than 60% in most samples and not sufficient for microbial activities for biodegradation in 96% of the 96% of the types of compost and this will impede the decomposition of organic materials. The initial bulk density values ranged from 117 gL-1 to 1110.0 gL-1, while the final apparent bulk density ranged from 340.0 gL-1 to 1000gL-1 and about 45.4 % did not meet the ideal bulk density value. Sand percents in composts were between 3.3 % and 12.5%. This study has confirmed the need for a standard specification for compost manufactured in Saudi Arabia for agricultural use based on international standards for compost and soil characteristics and climatic conditions in Saudi Arabia.

Keywords: compost, maturity, Saudi Arabia, organic material

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Authors: Fotios Spyropoulos, Evangelia Androulaki, Vasileios Karagiannopoulos, Aristotelis Kompothrekas, Nikolaos Karagiannis

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The problem of 'fake news' and 'hoaxes' has dominated in recent years the field of news, politics, economy, safety, and security as dissemination of false information can intensively affect and mislead public discourse and public opinion. The widespread use of internet and social media platforms can substantially intensify these effects, which often include public fear and insecurity. Misinformation, malinformation, and disinformation have also been blamed for affecting election results in multiple countries, and since then, there have been efforts to tackle the phenomenon both on national and international level. The presentation will focus on methods of prevention of disseminating false information on social media and on the internet and will discuss relevant criminological views. The challenges that have arisen for criminal law will be covered, taking into account the potential need for a multi-national approach required in order to mitigate the extent and negative impact of the fake news phenomenon. Finally, the analysis will include a discussion on the potential usefulness of non-legal modalities of regulation and crime prevention, especially situational and social measures of prevention and the possibility of combining an array of methods to achieve better results on national and international level. This project has received funding from the Hellenic Foundation for Research and Innovation (HFRI) and the General Secretariat for Research and Technology (GSRT), under grant agreement No 80529.

Keywords: cybercrime, disinformation, fake news, prevention

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Authors: Abdelkader Ababneh

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Heritage management planning is increasingly important throughout the international context, particularly in the developing countries. Jordan has important and unique heritage resources due to its natural topography and climate, but also to its history and old sites. A high number of these archaeological sites are in very good state of preservation. Most natural sites and resources are privately managed while archaeological heritage sites are publicly managed within national legal texts and with some referencing to international legal documents. This study examines the development of cultural heritage management in Jarash, and questions if this heritage has been managed in an appropriate manner. The purpose of this paper is to define and review the stakeholders in charge of the management of the archaeological site of Jarash, the legal texts, laws and documents adopted to apply the site management. Relations and coordination between stakeholders and the challenge of the planning process is also the focus of this paper. A review of pertinent academic, technical studies, reports and projects literature pertaining to the heritage management planning in general and related to the site of Jarash in particular coupled with field study of the site served as the background of the information base for the study. Current context of actors, legislative framework, planning policies and initiatives for the site of Jarash reveal important and continuous challenge for managing the site. Recommendations suggest reviewing and restructuring the entity responsible of the sites management. It is also recommended to review their applied policies and a redevelopment of the legislative frame work.

Keywords: heritage management, stakeholders, legal protection, Jarash

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Authors: Mohammed Usman Sani

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Worldwide it is observed that sport plays an important role in our communities and is capable of bringing about the need for peaceful coexistence within and among nations which include tolerating one another, building team spirit, showing loyalty and fair play. In addition, sport builds character and the development of skills, which are necessary in fulfilling a desirable and happy life among nations. Sport builds discipline, endurance, courage and self-motivation among nations. Sports for Peace was set up to answer the question of whether sport can foster common ideals. In sports as a powerful tool in building peace, athletes all over the world come together to promote the core values of sport, such as fair play, tolerance, the Olympic ideal of freedom and intercultural understanding. Sport as a powerful tool is used to address varieties of social issues that is widely accepted in countries mostly affected by poverty, violence and conflict. In building peace through sports among nations, a wide range of individuals and nonprofit organizations which includes the United Nations (UN) and international development agencies have accepted sport as an important social catalyst. This paper therefore seeks to define sports, sports and its fundamental rights, sports as a powerful tool, and ways in which sport may bring about peace building among countries and finally the status of Sport Development and Peace initiatives in Nigeria. It concluded that the international community has acknowledged the importance of sport in peace building efforts among nations. It further recommended that countries should engage in the design and delivery of sports, adhering to generally accepted principles of openness and sustainability through sports collaboration, sports partnerships and coordinated effort.

Keywords: building, peace, powerful tool, sports

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Authors: Chin-Pin, Chen, Shi-Chi, Shiao, Ting-Hao, Lin

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Current industry is facing the rapid development of new technology in the world and fierce changes of economic environment in the society so that the industry development trend gradually does not focus on labor, but leads the industry and the academic circle with innovation and creativity. The development trend in machinery industry presents the same situation. Based on the aim of Creativity White Paper, Ministry of Education in Taiwan promotes and develops various creativity contests to cope with the industry trend. Domestic students and enterprises have good performance on domestic and international creativity contests in recent years. There must be important creative elements in such creative works to win the award among so many works. Literature review and in-depth interview with five creativity contest awarded instructors are first proceeded to conclude 15 machinery creative elements, which are further compared with the creative elements of machinery awarded creative works in past five years to understand the relationship between awarded works and creative elements. The statistical analysis results show that IDEA (Industrial Design Excellence Award) contains the most creative elements among four major international creativity contests. That is, most creativity review focuses on creative elements that are comparatively stricter. Concerning the groups participating in creativity contests, enterprises consider more creative elements of the creative works than other two elements for contests. From such contest works, creative elements of “replacement or improvement”, “convenience”, and “modeling” present higher significance. It is expected that the above findings could provide domestic colleges and universities with reference for participating in creativity related contests in the future.

Keywords: machinery, creative elements, creativity contest, creativity works

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Authors: Sascha Kraus, Wolfgang Hora, Philipp Stieg, Thomas Niemand, Ferdinand Thies, Matthias Filser

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In most countries, small and medium-sized enterprises (SME) are the backbone of the economy due to their impact on job creation, innovation and wealth creation. Moreover, the ongoing globalization makes it inevitable – even for SME that traditionally focused on their domestic markets – to internationalize their business activities to realize further growth and survive in international markets. Thus, internationalization has become one of the most common growth strategies for SME and has received increasing scholarly attention over the last two decades. One the downside internationalization can be also regarded as the most complex strategy that a firm can undertake. Particularly for family firms, that are often characterized by limited financial capital, a risk-averse nature and limited growth aspirations, it could be argued that family firms are more likely to face greater challenges when taking the pathway to internationalization. Especially the triangulation of family, ownership, and management (so-called ‘familiness’) manifests in a unique behavior and decision-making process which is often characterized by the importance given to noneconomic goals and distinguishes a family firm from other businesses. Taking this into account, the concept of socio-emotional wealth (SEW) has been evolved to describe the behavior of family firms. In order to investigate how different internal and external firm characteristics shape internationalization success of family firms, we drew on a sample consisting of 297 small and medium-sized family firms from Germany, Austria, Switzerland, and Liechtenstein. Thus, we include SEW as essential family firm characteristic and added the two major intra-organizational characteristics, entrepreneurial orientation (EO), absorptive capacity (AC) as well as collaboration intensity (CI) and relational knowledge (RK) as two major external network characteristics. Based on previous research we assume that these characteristics are important to explain internationalization success of family firm SME. Regarding the data analysis, we applied a Fuzzy Set Qualitative Comparative Analysis (fsQCA), an approach that allows identifying configurations of firm characteristics, specifically used to study complex causal relationships where traditional regression techniques reach their limits. Results indicate that several combinations of these family firm characteristics can lead to international success, with no permanently required key characteristic. Instead, there are many roads to walk down for family firms to achieve internationalization success. Consequently, our data states that family owned SME are heterogeneous and internationalization is a complex and dynamic process. Results further show that network related characteristics occur in all sets, thus represent an essential element in the internationalization process of family owned SME. The contribution of our study is twofold, as we investigate different forms of international expansion for family firms and how to improve them. First, we are able to broaden the understanding of the intersection between family firm and SME internationalization with respect to major intra-organizational and network-related variables. Second, from a practical perspective, we offer family firm owners a basis for setting up internal capabilities to achieve international success.

Keywords: entrepreneurial orientation, family firm, fsQCA, internationalization, socio-emotional wealth

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Authors: Giovanna Carugno

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The concept of invention is rarely scrutinized by legal scholars since it is a slippery one, full of nuances and difficult to be defined. When does an idea become relevant for the patent law? When is it simply possible to talk of what an invention is? It is the first question to be answered to obtain a patent, but it is sometimes neglected by treaties or reduced to very simple and automatically re-cited definitions. Maybe, also because it is more a transnational and cultural concept than a mere institution of law. Tautology is used to avoid the challenge (in the United States patent regulation, the inventor is the one who contributed to have a patentable invention); in other case, a clear definition is surprisingly not even provided (see, e.g., the European Patent Convention). In Europe, the issue is still more complicated because there are several different solutions elaborate inorganically be national systems of courts varying one to the other only with the aim of solving different IP cases. Also a neighbor domain, like copyright law, is not assisting us in the research, since an author in this field is entitles to be the 'inventor' or the 'author' and to protect as far as he produces something new. Novelty is not enough in patent law. A simple distinction between mere improvement that can be achieved by a man skilled in the art (a sort of reasonable man, in other sectors) or a change that is not obvious rising to the dignity of protection seems not going too far. It is not still defining this concept; it is rigid and not fruitful. So, setting aside for the moment the issue related to the definition of the invention/inventor, our proposal is to scrutinize the possible self-sufficiency of a system in which the inventor or the improver should be awarded of royalties or similar compensation according to the economic improvement he was able to bring. The law, in this case, is in the penumbras of misleading concepts, divided between facts that are obscure and technical, and not involving necessarily legal issues. The aim of this paper is to find out a single definition (or, at least, the minimum elements common in the different legal systems) of what is (legally) an invention and what can be the hints to practically identify an authentic invention. In conclusion, it will propose an alternative system in which the invention is not considered anymore and the only thing that matters are the revenues generated by technological improvement, caused by the worker's activity.

Keywords: comparative law, intellectual property, invention, patents

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Authors: Soundarya Lahari Vedula

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Dalit women make up a significant portion of the Indian population. However, they are victims of age old discrimination. This paper presents a brief background of the Indian caste system which is a hierarchical division placing Dalits at the lowest rank. Dalits are forced to perform menial and harsh tasks. They often face social ostracism. The situation of Dalit women is of unique significance as they face triple discrimination due to their caste, gender, and class. Dalit women are strictly withheld by the rigid boundaries of the caste system. They are discriminated at every stage of their life and are denied access to public places, education and healthcare facilities among others. They face the worst forms of sexual violence. In spite of legislations and international conventions in place, their plight is not adequately addressed. This paper discusses, in brief, the legal mechanism in place to prohibit untouchability. Furthermore, this paper details on the specific human rights violations faced by Dalit women in the social, economic and political spheres. The violations range from discrimination in public places, denial of education and health services, sexual exploitation and barriers to political representation. Finally, this paper identifies certain lacunae in the existing Indian statutes and broadens on the measures to be taken to improve the situation of Dalit women. This paper offers some recommendations to address the plight of Dalit women such as amendments to the existing statutes, effective implementation of legal mechanisms and a more meaningful interpretation of the international conventions.

Keywords: Dalit, caste, class, discrimination, equality

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Authors: Kwanele Qonono

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Despite the significance and economic benefits of petrol stations in South Africa, these still pose a huge risk of fire and explosion threatening public safety. This research paper examines the extent to which land-use planning in Stellenbosch, South Africa, considers the fire risk posed by petrol stations and the implications for public safety as well as preparedness for large fires or explosions. To achieve this, the research identified the land-use types around petrol stations in Stellenbosch and determined the extent to which their locations comply with the local, national, and international land-use planning regulations. A mixed research method consisting of the collection and analysis of geospatial data and qualitative data was an applied method, where petrol stations within a six-kilometre radius of Stellenbosch’s town centre were utilised as study sites. The research examined the risk of fires/explosions at these petrol stations. The research investigated Stellenbosch Municipality’s institutional preparedness to respond in the event of a fire/explosion at these petrol stations. The research observed that siting of petrol stations does not comply with local, national, and international good practices, thus exposing the surrounding developments to fires and explosions. Land-use planning practice does not consider hazards created by petrol stations. Despite the potential for major fires at petrol stations, Stellenbosch Municipality’s level of preparedness to respond to petrol station fires appears low due to the prioritisation of more frequent events.

Keywords: petrol stations, technological hazard, drr, land-use planning, risk analysis

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Authors: Harvard Najoan, Sarwono Sutikno, Yusep Rosmansyah

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Most enterprises are now using information technology services as their assets to support business objectives. These kinds of services are provided by the internal service provider (inside the enterprise) or external service provider (outside enterprise). To deliver quality information technology services, the service provider (which from now on will be called ‘organization’) either internal or external, must have a standard for service management system. At present, the standard that is recognized as best practice for service management system for the organization is international standard ISO/IEC 20000:2011. The most important part of this international standard is the first part or ISO/IEC 20000-1:2011-Service Management System Requirement, because it contains 22 for organization processes as a requirement to be implemented in an organizational environment in order to build, manage and deliver quality service to the customer. Assessing organization management processes is the first step to implementing ISO/IEC 20000:2011 into the organization management processes. This assessment needs Process Assessment Model (PAM) as an assessment instrument. PAM comprises two parts: Process Reference Model (PRM) and Measurement Framework (MF). PRM is built by transforming the 22 process of ISO/IEC 20000-1:2011 and MF is based on ISO/IEC 33020. This assessment instrument was designed to assess the capability of service management process in Divisi Teknologi dan Sistem Informasi (Information Systems and Technology Division) as an internal organization of PT Pos Indonesia. The result of this assessment model can be proposed to improve the capability of service management system.

Keywords: ISO/IEC 20000-1:2011, ISO/IEC 33020:2015, process assessment, process capability, service management system

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Authors: Hannan Al-Qanai, Haitham Mustafa, Rajeswaran Sivasankar

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Kuwait Integrated Petroleum Industries Company (KIPIC, Company), established in 2016 as a subsidiary to Kuwait Petroleum Corporation (KPC), is responsible for operating and managing the largest grassroots integrated complex for refining, petrochemicals manufacture businesses, and liquefied natural gas import facilities at Al-Zour, Kuwait. KIPIC and its Contractors/sub-contractors employ over 69,000 staff in its current projects at Al-Zour during peak construction activity. KIPIC holds a unique responsibility to the society, which includes all stakeholders, and demonstrates its social commitment in developing an integrated environment & social management system (ESMS) and ensuring sustainability. This paper mainly demonstrates the knowledge on corporate branding from a corporate social responsibility (CSR) perspective and presents the achievements and best practices of KIPIC in the field of CSR and the challenges faced in handling social issues. Moreover, the study is based on qualitative data abstracted from KIPIC Health, Safety, Security & Environment Management System (HSSE MS) procedures, audit reports, the outcome of counseling sessions, national and international laws and regulations, and International Guidelines on Environment and Social Management System (ESMS). KIPIC has committed to caring for the environmental concerns and acting on social as they do on profits and economic growth. The main findings of this paper are that the successful implementation and operationalization of CSR within an organization depends on a simple but stringent process with both top-down and bottom-up commitment.

Keywords: welfare, corporate social responsibility, social management, sustainability

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Authors: Pei Wang

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The concept of social-emotional learning (SEL) is becoming increasingly popular in both research and practical applications worldwide. However, there is a lack of empirical studies and implementation of SEL in China, particularly from the perspective of parents. This qualitative study examined how Chinese parents perceived SEL, how their views on SEL were shaped, and how these views affected their decisions regarding their children’s education programs. Using the Collaborative for Academic Social and Emotional Learning Interactive Wheel framework and Bronfenbrenner's bioecological theory, the study conducted interviews with eight parents whose children attended public, international, and private schools in China. All collected data were conducted a thematic analysis involving three coding phases. The findings revealed that interviewees perceived SEL as significant to children’s development but held diverse understandings and perspectives on SEL at school depending on the amount and the quality of SEL resources available in their children’s schools. Additionally, parents’ attitudes towards the exam-oriented education system and Chinese culture influenced their views on SEL in school. Nevertheless, their socioeconomic status (SES) was the most significant factor in their perspectives on SEL, which significantly impacted their choices in their children's educational programs. High-SES families had more options to pursue SEL resources by sending their children to international schools or Western countries, while lower middle-class SES families had limited SEL resources in public schools. This highlighted educational inequality in China and emphasized the need for greater attention and investment in SEL programs in Chinese public schools.

Keywords: Chinese, inequality, parent, school, social-emotional learning

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Authors: Celina Nowak

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The development of information and communication technologies (ICT) and a consequent growth of cyberspace have become a reality of modern societies. The newest addition to this complex structure has been Internet of Things which is due to the appearance of smart devices. IoT creates a new dimension of the network, as the communication is no longer the domain of just humans, but has also become possible between devices themselves. The possibility of communication between devices, devoid of human intervention and real-time supervision, generated new societal and legal challenges. Some of them may and certainly will eventually be connected to criminal law. Legislators both on national and international level have been struggling to cope with this technologically evolving environment in order to address new threats created by the ICT. There are legal instruments on cybercrime, however imperfect and not of universal scope, sometimes referring to specific types of prohibited behaviors undertaken by criminals, such as money laundering, sex offences. However, the criminal law seems largely not prepared to the challenges which may arise because of the development of IoT. This is largely due to the fact that criminal law, both on national and international level, is still based on the concept of perpetration of an offence by a human being. This is a traditional approach, historically and factually justified. Over time, some legal systems have developed or accepted the possibility of commission of an offence by a corporation, a legal person. This is in fact a legal fiction, as a legal person cannot commit an offence as such, it needs humans to actually behave in a certain way on its behalf. Yet, the legislators have come to understand that corporations have their own interests and may benefit from crime – and therefore need to be penalized. This realization however has not been welcome by all states and still give rise to doubts of ontological and theoretical nature in many legal systems. For this reason, in many legislations the liability of legal persons for commission of an offence has not been recognized as criminal responsibility. With the technological progress and the growing use of IoT the discussions referring to criminal responsibility of corporations seem rather inadequate. The world is now facing new challenges and new threats related to the ‘smart’ things. They will have to be eventually addressed by legislators if they want to, as they should, to keep up with the pace of technological and societal evolution. This will however require a reevaluation and possibly restructuring of the most fundamental notions of modern criminal law, such as perpetration, guilt, participation in crime. It remains unclear at this point what norms and legal concepts will be and may be established. The main goal of the research is to point out to the challenges ahead of the national and international legislators in the said context and to attempt to formulate some indications as to the directions of changes, having in mind serious threats related to privacy and security related to the use of IoT.

Keywords: criminal law, internet of things, privacy, security threats

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Authors: Kamil Jonski

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Last year vividly demonstrated, that populism and political instability can endanger democratic institutions in countries regarded as democratic transition champions (Poland) or cornerstones of liberal order (UK, US). So called ‘illiberal democracy’ is winning hearts and minds of voters, keen to believe that rule of strongman is a viable alternative to perceived decay of western values and institutions. These developments pose a serious threat to the democratic institutions (including rule of law), proven critical for both personal freedom and economic development. Although scholars proposed some structural explanations of the illiberal wave (notably focusing on inequality, stagnant incomes and drawbacks of globalization), they seem to have little predictive value. Indeed, events like Trump’s victory, Brexit or Polish shift towards populist nationalism always came as a surprise. Intriguingly, in the case of US election, simple rules like ‘Bread and Peace model’ gauged prospects of Trump’s victory better than pundits and pollsters. This paper attempts to compile set of indicators, in order to gauge various democracies’ vulnerability to populism, instability and pursuance of ‘illiberal’ projects. Among them, it identifies the gap between consensus assessment of institutional performance (as measured by WGI indicators) and citizens’ subjective assessment (survey based confidence in institutions). Plotting these variables against each other, reveals three clusters of countries – ‘predictable’ (good institutions and high confidence, poor institutions and low confidence), ‘blind’ (poor institutions, high confidence e.g. Uzbekistan or Azerbaijan) and ‘disillusioned’ (good institutions, low confidence e.g. Spain, Chile, Poland and US). It seems that this clustering – carried out separately for various institutions (like legislature, executive and courts) and blended with economic indicators like inequality and living standards (using PCA) – offers reasonably good watchlist of countries, that should ‘expect the unexpected’.

Keywords: illiberal democracy, populism, political instability, political risk measurement

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Authors: Dorota Habrat

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In Polish law, the idea of the introduction of corporate responsibility for crimes is becoming more popular and creates a lot of questions. The need to introduce into the Polish legal system liability of corporate (collective entities) has resulted, among others, from the Polish Republic's international commitments, in particular related to membership in the European Union. The Act of 28 October 2002 on the liability of collective entities for acts prohibited under penalty is one of the example of adaptation of Polish law to Community law. Introduction to Polish law a criminal nature liability of corporations (legal persons) has resulted in a lot of controversy and lack of acceptance from both the scientific community as well as the judiciary. The responsibility of collective entities under the Act has a criminal nature. The main question concerns the ability of the collective entity to be brought to guilt under criminal law sense. Polish criminal law knows only the responsibility of individual persons. So far, guilt as a personal feature of action, based on the ability of the offender to feel in his psyche, could be considered only in relation to the individual person, while the said Act destroyed this conviction. Guilt of collective entity must be proven under at least one of the three possible forms: the guilt in the selection or supervision and so called organizational guilt. The next question is how the principle of proportionality in relation to criminal measures in response of collective entities should be considered. It should be remembered that the legal subjectivity of collective entities, including their rights and freedoms, is an emanation of the rights and freedoms of individual persons which create collective entities and through these entities implement their rights and freedoms. The adopted Act largely reflects the international legal regulations but also contains the unknown and original legislative solutions.

Keywords: criminal corporate responsibility, Polish criminal law, legislative solutions, Act of 28 October 2002

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Authors: Chimmoe Fomo Michelle Larissa

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The challenges of cybersecurity in Africa are increasingly significant as the continent undergoes rapid digital transformation. With the rise of internet connectivity, mobile phone usage, and digital financial services, Africa faces unique cybersecurity threats. The significance of this study lies in understanding these threats and the multifaceted challenges that hinder effective cybersecurity measures across the continent. The methodologies employed in this study include a comprehensive analysis of existing cybersecurity frameworks in various African countries, surveys of key stakeholders in the digital ecosystem, and case studies of cybersecurity incidents. These methodologies aim to provide a detailed understanding of the current cybersecurity landscape, identify gaps in existing policies, and evaluate the effectiveness of implemented security measures. Major findings of the study indicate that Africa faces numerous cybersecurity challenges, including inadequate regulatory frameworks, insufficient cybersecurity awareness, and a shortage of skilled professionals. Additionally, the prevalence of cybercrime, such as financial fraud, data breaches, and ransomware attacks, exacerbates the situation. The study also highlights the role of international cooperation and regional collaboration in addressing these challenges and improving overall cybersecurity resilience. In conclusion, addressing cybersecurity challenges in Africa requires a multifaceted approach that involves strengthening regulatory frameworks, enhancing public awareness, and investing in cybersecurity education and training. The study underscores the importance of regional and international collaboration in building a robust cybersecurity infrastructure capable of mitigating the risks associated with the continent's digital growth.

Keywords: Africa, cybersecurity, challenges, digital infrastructure, cybercrime

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Authors: Li Lin, Hein Roelfsema

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To achieve aggressive expansion goals, many Chinese companies are seeking resources and market around the world. To an increasing extent, Chinese enterprises recognized the Netherlands as their gateway to Europe Market. Yet, large cultural gaps (e.g. individualism/collectivism, power distance) may influence expat leaders’ influencing process, in turn affect intercultural teamwork. Lessons and suggestions from Chinese expat leaders could provide profound knowledge for managerial practice and future research. The current research focuses on the cultural difference between China and the Netherlands, along with leadership tactics for coping and handling differences occurring in the international business work. Exclusive 47 in-depth interviews with Chinese expat leaders were conducted. Within each interview, respondents were asked what were the main issues when working with Dutch employees, and what they believed as the keys to successful leadership in Dutch-Chinese cross-cultural workplaces. Consistent with previous research, the findings highlight the need to consider the cultural context within which leadership adapts. In addition, the findings indicated the importance of recognizing and applying the cultural advantages from which leadership originates. The results address observation ability as a crucial key for Chinese managers to lead Dutch/international teams. Moreover, setting a common goal help a leader to overcome the challenges due to cultural differences. Based on the analysis, we develop a process model to illustrate the dynamic mechanisms. Our study contributes to the better understanding of transference of management practices, and has important practical implications for managing Dutch employees.

Keywords: Chinese managers, Dutch employees, leadership, interviews

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Authors: Chineduum Okpala

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Nigeria, since her independence, has been engulfed in financial crimes of different forms. From embezzlement and conversion of public funds by public servants to stealing, contract inflation, and money laundering. Money laundering in Nigeria, particularly by political exposed persons, has been an issue of concern since independence. Corruption has been endemic, and Nigeria needs to integrate pro-active measures to show to the international community that it is ready to move against this vice. This paper discusses the negative effect of corruption and its effect on prosecutorial discretion. It also takes cognisance of the policy and aims of the anti-money laundering (AML) policy as enacted in Nigeria. It also takes as valid the assumption that the effective application of the rule of law will improve the efficacy of the Nigerian regime. In this regard, the perspective is internal to the Nigerian regime and its internal policy discourse which also reflect its policy discourse at international level. This paper takes notice of the typology of money laundering (ML) offences that most affect Nigeria, which hinges on corruption and abuse of office by a specific type of person, politically exposed persons (PEP). This typology of money laundering offence appears to be the most prevalent in developing nations like Nigeria. The application of essential principles of law provides an opportunity for the internalisation of the rule of law in the anti-money laundering regime in Nigeria, which could aid the successful prosecution of politically exposed persons on money laundering offences. The rule of law and how well the Nigerian legal system manages to deal with the interface between high level politics and the criminal justice system in Nigeria cannot be understood from internal sources but must be developed as a genuine but critical account informed by perspectives external to the Nigerian regime. If the efficacy of the regime is to be assessed in view of notorious failures of the regime, an external assessment is needed. Hence the paper discusses the need to integrate the essential principles of law in the application of prosecutorial discretion in the anti-money laundering regime in Nigeria, particularly with politically exposed persons. The paper highlights jurisdiction where prosecutorial discretion is integrated into the anti-money laundering regime in accordance to the rule of law which forms a basis for comparative analysis of the success of the anti-money laundering regime in Nigeria. This paper discusses why the application of prosecutorial discretion should not be used as a tool to extricate or avail the rich and powerful in the society from justice. The paper aims to argue that the successful prosecution of politically exposed persons, will raise the confidence of the citizens and the international community in the anti-money laundering regime in Nigeria.

Keywords: money laundering, politically exposed persons, corruption, Nigeria

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Authors: Puthsodary Tat

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Democracy has been categorially accepted and used as foreign and domestic policy agendas for the hope of peace, economic growth and prosperity for more than 25 years in Cambodia. However, the country is now in the grip of dictatorship, human rights violations, and prospective economic sanctions. This paper examines different perceptions and experiences of democratic assistance. In this study, the author employs discourse theory, idealism and realism as a theory-based methodology for debating and assessing the implications of democratization. Discourse theory is used to establish a platform for understanding discursive formations, body of knowledge and the games of truth of democracy. Idealist approaches give rational arguments for adopting key tenets that work well on the ground. In contrast, realism allows for some sweeping critiques of utopian ideal and offers particular views on why Western hegemonic missions do not work well. From idealist views, the research finds that Cambodian people still believe that democracy is a prima facie universality for peace, growth and prosperity. From realism, democratization is on the brink of death in three reasons. Firstly, there are tensions between Western and local discourses about democratic values and norms. Secondly, democratic tenets have been undermined by the ruling party-controlled courts, corruption, structural oppression and political patronage-based institutions. The third pitfall is partly associated with foreign aid dependency and geopolitical power struggles in the region. Finally, the study offers a precise mosaic of democratic principles that may be used to avoid a future geopolitical and economic crisis.

Keywords: corruption, democracy, democratic principles, discourse theory, discursive formations, foreign aid dependency, games of truth, geopolitical and economic crisis, geopolitical power struggle, hegemonic mission, idealism, realism, utopian ideal

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Authors: Leo Byrne, Neil Watts

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In the complex and evolving landscape of global trade, maritime sanctions emerge as a critical tool wielded by the international community to curb illegal activities and alter the behavior of non-compliant states and entities. These sanctions, designed to restrict or prohibit trade by sea with sanctioned jurisdictions, entities, or individuals, face continuous challenges due to the sophisticated evasion tactics employed by countries like North Korea. As the Democratic People's Republic of Korea (DPRK) diverts significant resources to circumvent these measures, understanding the nuances of their methodologies becomes imperative for maintaining the integrity of global trade systems. The DPRK, one of the most sanctioned nations globally, has developed an intricate network to facilitate its trade in illicit goods, ensuring the flow of revenue from designated activities continues unabated. Given its geographic and economic conditions, North Korea predominantly relies on maritime routes, utilizing foreign ports to route its illicit trade. This reliance on the sea is exploited through various sophisticated methods, including the use of front companies, falsification of documentation, commingling of bulk cargos, and physical alterations to vessels. These tactics enable the DPRK to navigate through the gaps in regulatory frameworks and lax oversight, effectively undermining international sanctions regimes Maritime sanctions carry significant implications for global trade, imposing heightened risks in the maritime domain. The deceptive practices employed not only by the DPRK but also by other high-risk jurisdictions, necessitate a comprehensive understanding of UN targeted sanctions. For stakeholders in the maritime sector—including maritime authorities, vessel owners, shipping companies, flag registries, and financial institutions serving the shipping industry—awareness and compliance are paramount. Violations can lead to severe consequences, including reputational damage, sanctions, hefty fines, and even imprisonment. To mitigate risks associated with these deceptive practices, it is crucial for maritime sector stakeholders to employ rigorous due diligence and regulatory compliance screening measures. Effective sanctions compliance serves as a protective shield against legal, financial, and reputational risks, preventing exploitation by international bad actors. This requires not only a deep understanding of the sanctions landscape but also the capability to identify and manage risks through informed decision-making and proactive risk management practices. As the DPRK and other sanctioned entities continue to evolve their sanctions evasion tactics, the international community must enhance its collective efforts to demystify and counter these practices. By leveraging more stringent compliance measures, stakeholders can safeguard against the illicit use of the maritime domain, reinforcing the effectiveness of maritime sanctions as a tool for global security. This paper seeks to dissect North Korea's adaptive strategies in the face of maritime sanctions. By examining up-to-date, geographically, and temporally relevant case studies, it aims to shed light on the primary nodes through which Pyongyang evades sanctions and smuggles goods via third-party ports. The goal is to propose multi-level interaction strategies, ranging from governmental interventions to localized enforcement mechanisms, to counteract these evasion tactics.

Keywords: maritime, maritime sanctions, international sanctions, compliance, risk

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