Search results for: legal strategy
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 5167

Search results for: legal strategy

4087 Deep Learning Based Fall Detection Using Simplified Human Posture

Authors: Kripesh Adhikari, Hamid Bouchachia, Hammadi Nait-Charif

Abstract:

Falls are one of the major causes of injury and death among elderly people aged 65 and above. A support system to identify such kind of abnormal activities have become extremely important with the increase in ageing population. Pose estimation is a challenging task and to add more to this, it is even more challenging when pose estimations are performed on challenging poses that may occur during fall. Location of the body provides a clue where the person is at the time of fall. This paper presents a vision-based tracking strategy where available joints are grouped into three different feature points depending upon the section they are located in the body. The three feature points derived from different joints combinations represents the upper region or head region, mid-region or torso and lower region or leg region. Tracking is always challenging when a motion is involved. Hence the idea is to locate the regions in the body in every frame and consider it as the tracking strategy. Grouping these joints can be beneficial to achieve a stable region for tracking. The location of the body parts provides a crucial information to distinguish normal activities from falls.

Keywords: fall detection, machine learning, deep learning, pose estimation, tracking

Procedia PDF Downloads 173
4086 Focus Group Discussion (FGD) Strategy in Teaching Sociolinguistics to Enhance Students' Mastery: A Survey Research in Sanata Dharma ELESP Department

Authors: Nugraheni Widianingtyas, Niko Albert Setiawan

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For ELESP Teachers’ College, teaching learning strategies such as presentation and group discussion are classical ones to be implemented in the class. In order to create a breakthrough which can bring about more positive advancements in the learning process, a Focus Group Discussion (FGD) is being offered and implemented in certain classes. Interestingly, FGD is frequently used in the social-business inquiries such as for recruiting employees. It is then interesting to investigate FGD when it is implemented in the educational scope, especially in the Sociolinguistics class which regarded as one of the most arduous subjects in this study program. Thus, this study focused on how FGD enhances students Sociolinguistics mastery. In response to that, a quantitative survey research was conducted in which observation, questionnaire, and interview (triangulation method) became the instruments. The respondents of this study were 29 sixth-semester students who take Sociolinguistics of ELESP, Sanata Dharma University in 2017. The findings indicated that FGD could help students in enhancing Sociolinguistics mastery. In addition, it also revealed that FGD was exploring students’ logical thinking, English communication skill, and decision-making.

Keywords: focus group discussion, material mastery, sociolinguistics, teaching strategy

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4085 Comprehensive Strategy for Healthy City from Local Practice Networking among Citizens, Industry, University and Municipality

Authors: Yuki Hara

Abstract:

Healthy assets are recognized as important for all people in the world through experiencing COVID-19. Each part of life and work is important to be changed against the preceding wide-spreading of COVID-19. Furthermore, it is necessary to innovate the whole structure of a city upon the sum of the parts. This study aims at creating a comprehensive strategy from a small practice of making healthier lives with collaborating local actors for a city. This paper employs action research as the research framework. The core practice is the 'Ken’iku Festival' at Ken’iku Festival Committee. The field locates the urban-rural fringe in the northwest part of Fujisawa city, Kanagawa prefecture, Japan. The data is collected through the author's practices for three years from the observations and interviews at meetings and discussions among stakeholders, texts in municipal reports, books, and movies, 3 questionnaires for customers and stakeholders at the Ken’iku Festival. These data are analysed by qualitative methods. The results show that couples in their 40s with children and couples or friends over the 70s are at the heart of promoting healthy lifestyles. In contrast, 40% of the visitors at the festival are the people who have no idea or no interest in healthier actions, which the committee has to suggest healthy activities through more pleasing services. The committee could organize staff and local actors as the core parties involved through gradually expanding its tasks relating to the local practices. This private sectoral activity from health promotion is covering a part of the whole-city planning of Fujisawa municipality by including many people over organisations into one community. This paper concludes from local practice networking through the festival that a comprehensive strategy for a healthy city is both a practical approach easily applied to each partner and one of the holistic services.

Keywords: communal practice network, healthy cities, health & development, health promotion, with and after COVID-19

Procedia PDF Downloads 115
4084 The Mentoring in Professional Development of University Teachers

Authors: Nagore Guerra Bilbao, Clemente Lobato Fraile

Abstract:

Mentoring is provided by professionals with a higher level of experience and competence as part of the professional development of a university faculty. This paper explores the characteristics of the mentoring provided by those teachers participating in the development of an active methodology program run at the University of the Basque Country: to examine and to analyze mentors’ performance with the aim of providing empirical evidence regarding its value as a lifelong learning strategy for teaching staff. A total of 183 teachers were trained during the first three programs. The analysis method uses a coding technique and is based on flexible, systematic guidelines for gathering and analyzing qualitative data. The results have confirmed the conception of mentoring as a methodological innovation in higher education. In short, university teachers in general assessed the mentoring they received positively, considering it to be a valid, useful strategy in their professional development. They highlighted the methodological expertise of their mentor and underscored how they monitored the learning process of the active method and provided guidance and advice when necessary. Finally, they also drew attention to traits such as availability, personal commitment and flexibility in. However, a minority critique is pointed to some aspects of the performance of some mentors.

Keywords: higher education, mentoring, professional development, university teachers

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4083 Using Printouts as Social Media Evidence and Its Authentication in the Courtroom

Authors: Chih-Ping Chang

Abstract:

Different from traditional objective evidence, social media evidence has its own characteristics with easily tampering, recoverability, and cannot be read without using other devices (such as a computer). Simply taking a screenshot from social network sites must be questioned its original identity. When the police search and seizure digital information, a common way they use is to directly print out digital data obtained and ask the signature of the parties at the presence, without taking original digital data back. In addition to the issue on its original identity, this conduct to obtain evidence may have another two results. First, it will easily allege that is tampering evidence because the police wanted to frame the suspect and falsified evidence. Second, it is not easy to discovery hidden information. The core evidence associated with crime may not appear in the contents of files. Through discovery the original file, data related to the file, such as the original producer, creation time, modification date, and even GPS location display can be revealed from hidden information. Therefore, how to show this kind of evidence in the courtroom will be arguably the most important task for ruling social media evidence. This article, first, will introduce forensic software, like EnCase, TCT, FTK, and analyze their function to prove the identity with another digital data. Then turning back to the court, the second part of this article will discuss legal standard for authentication of social media evidence and application of that forensic software in the courtroom. As the conclusion, this article will provide a rethinking, that is, what kind of authenticity is this rule of evidence chase for. Does legal system automatically operate the transcription of scientific knowledge? Or furthermore, it wants to better render justice, not only under scientific fact, but through multivariate debating.

Keywords: federal rule of evidence, internet forensic, printouts as evidence, social media evidence, United States v. Vayner

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4082 Machine Learning Assisted Prediction of Sintered Density of Binary W(MO) Alloys

Authors: Hexiong Liu

Abstract:

Powder metallurgy is the optimal method for the consolidation and preparation of W(Mo) alloys, which exhibit excellent application prospects at high temperatures. The properties of W(Mo) alloys are closely related to the sintered density. However, controlling the sintered density and porosity of these alloys is still challenging. In the past, the regulation methods mainly focused on time-consuming and costly trial-and-error experiments. In this study, the sintering data for more than a dozen W(Mo) alloys constituted a small-scale dataset, including both solid and liquid phases of sintering. Furthermore, simple descriptors were used to predict the sintered density of W(Mo) alloys based on the descriptor selection strategy and machine learning method (ML), where the ML algorithm included the least absolute shrinkage and selection operator (Lasso) regression, k-nearest neighbor (k-NN), random forest (RF), and multi-layer perceptron (MLP). The results showed that the interpretable descriptors extracted by our proposed selection strategy and the MLP neural network achieved a high prediction accuracy (R>0.950). By further predicting the sintered density of W(Mo) alloys using different sintering processes, the error between the predicted and experimental values was less than 0.063, confirming the application potential of the model.

Keywords: sintered density, machine learning, interpretable descriptors, W(Mo) alloy

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4081 Unshackled Slaves: An Analysis of the Adjudication of Degrading Conditions of Work by Brazilian Labour Courts

Authors: Aline F. C. Pereira

Abstract:

In recent years, modern slavery has increasingly gathered attention in scholarly discussions and policy debates. Whereas the mainstream studies focus on forced labour and trafficking, little attention is paid to other forms of exploitation, such as degrading conditions of work –criminalised in Brazil as an autonomous type of slavery since 2003. This paper aims to bridge this gap. It adopts a mixed method that comprises both qualitative and quantitative analysis, to investigate the adjudication of 164 cases of degrading conditions of work by Brazilian labour courts. The research discloses an ungrounded reluctance to apply the domestic legal framework, as in most of the cases degrading conditions of work are not recognised as contemporary slavery, despite the law. In some cases, not even situations described as subhuman and degrading of human dignity were framed as slavery. The analysis also suggests that, as in chattel times, lack of freedom and subjection remain relevant in the legal characterisation of slave labour. The examination has further unraveled a phenomenon absent in previous studies: normalisation of precarity. By depicting precarity as natural and inevitable in rural areas, labour courts ensure conformity to the status quo and reduce the likelihood of resistance by victims. Moreover, compensations afforded to urban workers are higher than granted to rural employees, which seems to place human beings in hierarchical categories -a trace of colonialism. In sum, the findings challenge the worldwide spread assumption that Brazil addresses slavery efficiently. Conversely, the Brazilian Labour Judiciary seems to remain subservient to a colonial perspective of slavery, legitimising, and sanctioning abusive practices.

Keywords: adjudication, contemporary slavery, degrading conditions of work, normalisation of precarity

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4080 Comparative Study to Evaluate the Efficacy of Control Criterion in Determining Consolidation Scope in the Public Sector

Authors: Batool Zarei

Abstract:

This study aims to answer this question whether control criterion with two elements of power and benefit which is introduced as 'control criterion of consolidation scope' in national and international standards of accounting in public sector (and also private sector) is efficient enough or not. The methodology of this study is comparative and the results of this research are significantly generalizable, due to the given importance to the sample of countries which were studied. Findings of this study states that in spite of pervasive use of control criterion (including 2 elements of power and benefit), criteria for determining the existence of control in public sector accounting standards, are not efficient enough to determine the consolidation scope of whole of government financial statements in a way that meet decision making and accountability needs of managers, policy makers and supervisors; specially parliament. Therefore, the researcher believes that for determining consolidation scope in public sector, in addition to economic view, it is better to pay attention to budgetary, legal and statistical concepts and also to practical and financial risk and define indicators for proving the existence of control (power and benefit) which include accountability relationships (budgetary relation, legal form and nature of activity). these findings also reveals the necessity of passing a comprehensive public financial management (PFM) legislation in order to redefine the characteristics of public sector entities and whole of government financial statements scope and review Statistics organizations and central banks duties for preparing government financial statistics and national accounts in order to achieve sustainable development and resilient economy goals.

Keywords: control, consolidation scope, public sector accounting, government financial statistics, resilient economy

Procedia PDF Downloads 244
4079 Application of Global Predictive Real Time Control Strategy to Improve Flooding Prevention Performance of Urban Stormwater Basins

Authors: Shadab Shishegar, Sophie Duchesne, Genevieve Pelletier

Abstract:

Sustainability as one of the key elements of Smart cities, can be realized by employing Real Time Control Strategies for city’s infrastructures. Nowadays Stormwater management systems play an important role in mitigating the impacts of urbanization on natural hydrological cycle. These systems can be managed in such a way that they meet the smart cities standards. In fact, there is a huge potential for sustainable management of urban stormwater and also its adaptability to global challenges like climate change. Hence, a dynamically managed system that can adapt itself to instability of the environmental conditions is desirable. A Global Predictive Real Time Control approach is proposed in this paper to optimize the performance of stormwater management basins in terms of flooding prevention. To do so, a mathematical optimization model is developed then solved using Genetic Algorithm (GA). Results show an improved performance at system-level for the stormwater basins in comparison to static strategy.

Keywords: environmental sustainability, optimization, real time control, storm water management

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4078 Machine Learning Invariants to Detect Anomalies in Secure Water Treatment

Authors: Jonathan Heng, Yoong Cheah Huei

Abstract:

A strategic model that does not trigger any false alarms to detect anomalies in Secure Water Treatment (SWaT) test bed is presented. This model uses machine learning invariants formulated from streamlining the general form of Auto-Regressive models with eXogenous input. A creative generalized CUSUM algorithm to integrate the invariants and the detection strategy technique is successfully developed and tested in the SWaT Programmable Logic Controllers (PLCs). Three steps to fine-tune parameters, b and τ in the generalized algorithm are stated and an example used to demonstrate the tuning process is discussed. This approach can swiftly and effectively detect various scopes of cyber-attacks such as multiple points single stage and multiple points multiple stages in SWaT. This technique can be applied in water treatment plants and other cyber physical systems like power and gas plants too.

Keywords: machine learning invariants, generalized CUSUM algorithm with invariants and detection strategy, scope of cyber attacks, strategic model, tuning parameters

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4077 A Self-Coexistence Strategy for Spectrum Allocation Using Selfish and Unselfish Game Models in Cognitive Radio Networks

Authors: Noel Jeygar Robert, V. K.Vidya

Abstract:

Cognitive radio is a software-defined radio technology that allows cognitive users to operate on the vacant bands of spectrum allocated to licensed users. Cognitive radio plays a vital role in the efficient utilization of wireless radio spectrum available between cognitive users and licensed users without making any interference to licensed users. The spectrum allocation followed by spectrum sharing is done in a fashion where a cognitive user has to wait until spectrum holes are identified and allocated when the licensed user moves out of his own allocated spectrum. In this paper, we propose a self –coexistence strategy using bargaining and Cournot game model for achieving spectrum allocation in cognitive radio networks. The game-theoretic model analyses the behaviour of cognitive users in both cooperative and non-cooperative scenarios and provides an equilibrium level of spectrum allocation. Game-theoretic models such as bargaining game model and Cournot game model produce a balanced distribution of spectrum resources and energy consumption. Simulation results show that both game theories achieve better performance compared to other popular techniques

Keywords: cognitive radio, game theory, bargaining game, Cournot game

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4076 ESRA: An End-to-End System for Re-identification and Anonymization of Swiss Court Decisions

Authors: Joel Niklaus, Matthias Sturmer

Abstract:

The publication of judicial proceedings is a cornerstone of many democracies. It enables the court system to be made accountable by ensuring that justice is made in accordance with the laws. Equally important is privacy, as a fundamental human right (Article 12 in the Declaration of Human Rights). Therefore, it is important that the parties (especially minors, victims, or witnesses) involved in these court decisions be anonymized securely. Today, the anonymization of court decisions in Switzerland is performed either manually or semi-automatically using primitive software. While much research has been conducted on anonymization for tabular data, the literature on anonymization for unstructured text documents is thin and virtually non-existent for court decisions. In 2019, it has been shown that manual anonymization is not secure enough. In 21 of 25 attempted Swiss federal court decisions related to pharmaceutical companies, pharmaceuticals, and legal parties involved could be manually re-identified. This was achieved by linking the decisions with external databases using regular expressions. An automated re-identification system serves as an automated test for the safety of existing anonymizations and thus promotes the right to privacy. Manual anonymization is very expensive (recurring annual costs of over CHF 20M in Switzerland alone, according to an estimation). Consequently, many Swiss courts only publish a fraction of their decisions. An automated anonymization system reduces these costs substantially, further leading to more capacity for publishing court decisions much more comprehensively. For the re-identification system, topic modeling with latent dirichlet allocation is used to cluster an amount of over 500K Swiss court decisions into meaningful related categories. A comprehensive knowledge base with publicly available data (such as social media, newspapers, government documents, geographical information systems, business registers, online address books, obituary portal, web archive, etc.) is constructed to serve as an information hub for re-identifications. For the actual re-identification, a general-purpose language model is fine-tuned on the respective part of the knowledge base for each category of court decisions separately. The input to the model is the court decision to be re-identified, and the output is a probability distribution over named entities constituting possible re-identifications. For the anonymization system, named entity recognition (NER) is used to recognize the tokens that need to be anonymized. Since the focus lies on Swiss court decisions in German, a corpus for Swiss legal texts will be built for training the NER model. The recognized named entities are replaced by the category determined by the NER model and an identifier to preserve context. This work is part of an ongoing research project conducted by an interdisciplinary research consortium. Both a legal analysis and the implementation of the proposed system design ESRA will be performed within the next three years. This study introduces the system design of ESRA, an end-to-end system for re-identification and anonymization of Swiss court decisions. Firstly, the re-identification system tests the safety of existing anonymizations and thus promotes privacy. Secondly, the anonymization system substantially reduces the costs of manual anonymization of court decisions and thus introduces a more comprehensive publication practice.

Keywords: artificial intelligence, courts, legal tech, named entity recognition, natural language processing, ·privacy, topic modeling

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4075 Strategies Employed to Enhance Floriculture Production for Masvingo City Residents’ Livelihood Improvement

Authors: Jotham Mazhura

Abstract:

Floriculture production is an ideal project for sustainable horticultural production in Masvingo city.Gender links in collaboration with the embasy of Sweedenare supporting the floriculture project with the aim of improving residents livelihoods in the city.World trade in floriculture such as cut flowers,live ornamental plants and foliage continue to increase and there are recognised markets opportunities across the globe.Some specific opportunitiesin an interview discussion by the consultant appointed by gender links and embasy of Sweeden highlightedsome constraints and opportunities in the project of floriculture in Masvingo city.Based on the outcome of the scoping studies this research project developed and evaluated strategies for enhancing floriculture production in Masvingo city. A survey was therefore carried out by the researcher among the existing florists farmers in the city to determine strategies to be employed to improve floriculture production.The survey was conducted to twenty florists in the city.The sample was taken by using purposive sampling which is a sampling technique based on the certain considerations, hence there were some basic creteria in selecting samples. A questionnaire in this aspect was administered to the 20 florists to determine the essential strategies to be employed to enhance floriculture production.Each respondent was given data for the business strategies and asked to rank those strategies from the most to the least important.From the research findings the following were revealed out by the respondents that is capturing marketshare,establishment of of ownership of the project,the project manager to be innovative,the business should gain competitive strategic through generic strategies market development strategy and product development strategy. Based on the observation and structured interview with respondents the average of floriculture owners had similar strategies implemented on their business.The research proved that floriculture farmers use various strategies to keep their businesses running and succeding in achieving set goals.Therefore the ressearche who happens to be the project focal person became certain that it is edeal to emply a variety of of strategies to improve floriculture oproduction

Keywords: florist, floriculture, strategy, livelihoods

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4074 Attracting the North Holidaymaker to Ireland Using Social Media Channels: An Irish Marketing Strategy

Authors: Colm Barcoe, Garvan Whelan

Abstract:

In tourism, engagement has been found to boost awareness of a destination and subsequently increase visits. Customer engagement in this industry is now facilitated by social media. This phenomenon is not very well researched in relation to Ireland and the North American tourism market. The objective of this paper is to present research findings on two related topics; the first is an investigation into the effectiveness of social media channels as components of a digital marketing campaign when promoting Ireland as a brand in North America. Secondly, this study reveals how Irish marketers have embraced social media platforms and channels with an innovative strategy that has successfully attracted growing numbers of US and Canadian holidaymakers to Ireland. A range of methodological approaches was applied in order to achieve the study’s objective. The methods used were both quantitative and qualitative, and the data was obtained from both Irish marketers and North American holidaymakers. Surveys of these holidaymakers in the pre, during and post-trip phases revealed their attitudes towards social media and Ireland as a destination. Semi-structured interviews with those responsible for implementing relationship marketing strategies for this segment provide insight into the effectiveness of social media when used to capitalise on the cultural link between Ireland and North America. Further analysis involved using Nvivo 11+ software to investigate the activities of the Irish destination marketer (DMO) and the engagement of the US and Canadian audiences through a detailed study of social media platform content. The findings from this investigation will extend an under-researched body of literature pertaining to Ireland as a destination and the successful digital marketing campaigns that have achieved exponential growth in this sector over the past five years. The empirical evidence presented also illustrates how the innovative use of social media has assisted the DMO to engage with the North American holidaymaker as part of an effective digital marketing strategy.

Keywords: channels, digital, engagement, marketing, strategies

Procedia PDF Downloads 141
4073 A Strategy for Reducing Dynamic Disorder in Small Molecule Organic Semiconductors by Suppressing Large Amplitude Thermal Motions

Authors: Steffen Illig, Alexander S. Eggeman, Alessandro Troisi, Stephen G. Yeates, John E. Anthony, Henning Sirringhaus

Abstract:

Large-amplitude intermolecular vibrations in combination with complex shaped transfer integrals generate a thermally fluctuating energetic landscape. The resulting dynamic disorder and its intrinsic presence in organic semiconductors is one of the most fundamental differences to their inorganic counterparts. Dynamic disorder is believed to govern many of the unique electrical and optical properties of organic systems. However, the low energy nature of these vibrations makes it difficult to access them experimentally and because of this we still lack clear molecular design rules to control and reduce dynamic disorder. Applying a novel technique based on electron diffraction we encountered strong intermolecular, thermal vibrations in every single organic material we studied (14 up to date), indicating that a large degree of dynamic disorder is a universal phenomenon in organic crystals. In this paper a new molecular design strategy will be presented to avoid dynamic disorder. We found that small molecules that have their side chains attached to the long axis of their conjugated core have been found to be less likely to suffer from dynamic disorder effects. In particular, we demonstrate that 2,7-dioctyl[1]benzothieno[3,2-b][1]benzothio-phene (C8-BTBT) and 2,9-di-decyl-dinaphtho-[2,3-b:20,30-f]-thieno-[3,2-b]-thiophene (C10DNTT) exhibit strongly reduced thermal vibrations in comparison to other molecules and relate their outstanding performance to their lower dynamic disorder. We rationalize the low degree of dynamic disorder in C8-BTBT and C10-DNTT with a better encapsulation of the conjugated cores in the crystal structure which helps reduce large amplitude thermal motions. The work presented in this paper provides a general strategy for the design of new classes of very high mobility organic semiconductors with low dynamic disorder.

Keywords: charge transport, C8-BTBT, C10-DNTT, dynamic disorder, organic semiconductors, thermal vibrations

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4072 Cantilever Secant Pile Constructed in Sand: Capping Beam Analysis and Design - Part I

Authors: Khaled R. Khater

Abstract:

The paper theme is soil retaining structures. Cantilever secant-pile wall is triggering scientific point of curiosity. Specially the capping beams structural analysis and its interaction with secant piles as one integrated matrix. It is believed that straining actions of this integrated matrix are most probably induced due to a combination of induced line load and non-uniform horizontal pile tips displacement. The strategy that followed throughout this study starts by converting the pile head horizontal displacements generated by Plaxis-2D model to a system of concentrated line load acting per meter run along the capping beam. Then, those line loads are the input data of Staad-Pro 3D-model. Those models tailored to allow the capping beam and the secant piles interacting as one matrix, i.e. a unit. It is believed that the suggested strategy presents close to real structural simulation. The above is the paper thought and methodology. Three sand densities, one pile rigidity and one excavation depth, “h = 4.0-m,” are completely sufficient to achieve the paper’s objective.

Keywords: secant piles, capping beam, analysis, design, plaxis 2D, staad pro 3D

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4071 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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4070 Discourse Analysis: Where Cognition Meets Communication

Authors: Iryna Biskub

Abstract:

The interdisciplinary approach to modern linguistic studies is exemplified by the merge of various research methods, which sometimes causes complications related to the verification of the research results. This methodological confusion can be resolved by means of creating new techniques of linguistic analysis combining several scientific paradigms. Modern linguistics has developed really productive and efficient methods for the investigation of cognitive and communicative phenomena of which language is the central issue. In the field of discourse studies, one of the best examples of research methods is the method of Critical Discourse Analysis (CDA). CDA can be viewed both as a method of investigation, as well as a critical multidisciplinary perspective. In CDA the position of the scholar is crucial from the point of view exemplifying his or her social and political convictions. The generally accepted approach to obtaining scientifically reliable results is to use a special well-defined scientific method for researching special types of language phenomena: cognitive methods applied to the exploration of cognitive aspects of language, whereas communicative methods are thought to be relevant only for the investigation of communicative nature of language. In the recent decades discourse as a sociocultural phenomenon has been the focus of careful linguistic research. The very concept of discourse represents an integral unity of cognitive and communicative aspects of human verbal activity. Since a human being is never able to discriminate between cognitive and communicative planes of discourse communication, it doesn’t make much sense to apply cognitive and communicative methods of research taken in isolation. It is possible to modify the classical CDA procedure by means of mapping human cognitive procedures onto the strategic communicative planning of discourse communication. The analysis of the electronic petition 'Block Donald J Trump from UK entry. The signatories believe Donald J Trump should be banned from UK entry' (584, 459 signatures) and the parliamentary debates on it has demonstrated the ability to map cognitive and communicative levels in the following way: the strategy of discourse modeling (communicative level) overlaps with the extraction of semantic macrostructures (cognitive level); the strategy of discourse management overlaps with the analysis of local meanings in discourse communication; the strategy of cognitive monitoring of the discourse overlaps with the formation of attitudes and ideologies at the cognitive level. Thus, the experimental data have shown that it is possible to develop a new complex methodology of discourse analysis, where cognition would meet communication, both metaphorically and literally. The same approach may appear to be productive for the creation of computational models of human-computer interaction, where the automatic generation of a particular type of a discourse could be based on the rules of strategic planning involving cognitive models of CDA.

Keywords: cognition, communication, discourse, strategy

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4069 Productivity of Construction Companies Using the Management of Threats and Opportunities ‎in Construction Projects of Iran

Authors: Nima Amani, Ali Salehi Dastjerdi, Fatemeh Ahmadi, Ardalan Sabamehr

Abstract:

The cost overrun of the construction projects has always been one of the main problems of the construction companies caused by the risky nature of the construction projects. Therefore, today, the application of risk management is inevitable. Although in theory, the issue of risk management is divided into the opportunities and threats management, in practice, most of the projects have been focused on the threats management. However, considering the opportunities management and applying the opportunities-response strategies can lead to the improved profitability of the construction projects of the companies. In this paper, a new technique is developed to identify the opportunities in the construction projects using an improved protocol and propose the appropriate opportunities-response strategies to the construction companies to provide them with higher profitability. To evaluate the effectiveness of the protocol for selecting the most appropriate strategies in ‎response to the opportunities and threats, two projects from a construction company in Iran were ‎studied. Both projects selected were in mid-range in terms of size and similar in terms of time, ‎run time and costs. Finally, the output indicates that using the proposed opportunities-response strategies show that the company's profitability in the future can be increased approximately for similar projects.

Keywords: opportunities management, risk-response strategy, opportunity-response strategy, productivity, risk management

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4068 The Renewal Strategy for Ancient Residential Area in Small and Medium-Sized Cities Based on Field Research of Changshu City in China

Authors: Yun Zhang, Zhu Wang

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Renewing ancient residential areas is an integral part of the sustainable development of modern cities. Compared with a metropolis, the old areas of small and medium-sized cities is more complicated to update, as the spatial form is more fragmented. In this context, the author takes as the research object, the ancient town of Changshu City, which is a small city representative in China with a history of more than 1,200 years. Through the analysis of urban research and update projects, the spatial evolution characteristics and renewal strategies of small ancient urban settlements are studied. On this basis, it is proposed to protect the residential area from the perspective of integrity and sustainability, strengthen the core public part, control the district building, and reshape the important interface. Renewing small and medium-sized urban areas should respect the rhythm of their own urban development and gradually complete the update, not blindly copying the experience of large cities.

Keywords: ancient residential area, Changshu, city renewal strategy, small and medium-sized cities

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4067 Commercial Law Between Custom and Islamic Law

Authors: Mohamed Zakareia Ghazy Aly Belal

Abstract:

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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4066 Consumer Market for Mineral Water and Development Policy in Georgia

Authors: Gulnaz Erkomaishvili

Abstract:

The paper discusses mineral water consumer market and development policy in Georgia, the tools and measures, which will contribute to the production of mineral waters and increase its export. The paper studies and analyses current situation in mineral water production sector as well as the factors affecting increase and reduction of its export. It’s noted that in order to gain and maintain competitive advantage, it’s necessary to provide continuous supply of high-quality goods with modern design, open new distribution channels to enter new markets, carry out broad promotional activities, organize e-commerce. Economic policy plays an important role in protecting markets from counterfeit goods. The state also plays an important role in attracting foreign direct investments. Stable business environment and export-oriented strategy is the basis for the country’s economic growth. Based on the research, the paper suggests the strategy for improving the competitiveness of Georgian mineral waters, relevant conclusions and recommendations are provided.

Keywords: mineral waters, consumer market for mineral waters, export of mineral waters, mineral water development policy in Georgia

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4065 A Theoretical Framework of Patient Autonomy in a High-Tech Care Context

Authors: Catharina Lindberg, Cecilia Fagerstrom, Ania Willman

Abstract:

Patients in high-tech care environments are usually dependent on both formal/informal caregivers and technology, highlighting their vulnerability and challenging their autonomy. Autonomy presumes that a person has education, experience, self-discipline and decision-making capacity. Reference to autonomy in relation to patients in high-tech care environments could, therefore, be considered paradoxical, as in most cases these persons have impaired physical and/or metacognitive capacity. Therefore, to understand the prerequisites for patients to experience autonomy in high-tech care environments and to support them, there is a need to enhance knowledge and understanding of the concept of patient autonomy in this care context. The development of concepts and theories in a practice discipline such as nursing helps to improve both nursing care and nursing education. Theoretical development is important when clarifying a discipline, hence, a theoretical framework could be of use to nurses in high-tech care environments to support and defend the patient’s autonomy. A meta-synthesis was performed with the intention to be interpretative and not aggregative in nature. An amalgamation was made of the results from three previous studies, carried out by members of the same research group, focusing on the phenomenon of patient autonomy from a patient perspective within a caring context. Three basic approaches to theory development: derivation, synthesis, and analysis provided an operational structure that permitted the researchers to move back and forth between these approaches during their work in developing a theoretical framework. The results from the synthesis delineated that patient autonomy in a high-tech care context is: To be in control though trust, co-determination, and transition in everyday life. The theoretical framework contains several components creating the prerequisites for patient autonomy. Assumptions and propositional statements that guide theory development was also outlined, as were guiding principles for use in day-to-day nursing care. Four strategies used by patients to remain or obtain patient autonomy in high-tech care environments were revealed: the strategy of control, the strategy of partnership, the strategy of trust, and the strategy of transition. This study suggests an extended knowledge base founded on theoretical reasoning about patient autonomy, providing an understanding of the strategies used by patients to achieve autonomy in the role of patient, in high-tech care environments. When possessing knowledge about the patient perspective of autonomy, the nurse/carer can avoid adopting a paternalistic or maternalistic approach. Instead, the patient can be considered to be a partner in care, allowing care to be provided that supports him/her in remaining/becoming an autonomous person in the role of patient.

Keywords: autonomy, caring, concept development, high-tech care, theory development

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4064 The Selectivities of Pharmaceutical Spending Containment: Social Profit, Incentivization Games and State Power

Authors: Ben Main Piotr Ozieranski

Abstract:

State government spending on pharmaceuticals stands at 1 trillion USD globally, promoting criticism of the pharmaceutical industry's monetization of drug efficacy, product cost overvaluation, and health injustice. This paper elucidates the mechanisms behind a state-institutional response to this problem through the sociological lens of the strategic relational approach to state power. To do so, 30 expert interviews, legal and policy documents are drawn on to explain how state elites in New Zealand have successfully contested a 30-year “pharmaceutical spending containment policy”. Proceeding from Jessop's notion of strategic “selectivity”, encompassing analyses of the enabling features of state actors' ability to harness state structures, a theoretical explanation is advanced. First, a strategic context is described that consists of dynamics around pharmaceutical dealmaking between the state bureaucracy, pharmaceutical pricing strategies (and their effects), and the industry. Centrally, the pricing strategy of "bundling" -deals for packages of drugs that combine older and newer patented products- reflect how state managers have instigated an “incentivization game” that is played by state and industry actors, including HTA professionals, over pharmaceutical products (both current and in development). Second, a protective context is described that is comprised of successive legislative-judicial responses to the strategic context and characterized by the regulation and the societalisation of commercial law. Third, within the policy, the achievement of increased pharmaceutical coverage (pharmaceutical “mix”) alongside contained spending is conceptualized as a state defence of a "social profit". As such, in contrast to scholarly expectations that political and economic cultures of neo-liberalism drive pharmaceutical policy-making processes, New Zealand's state elites' approach is shown to be antipathetic to neo-liberals within an overall capitalist economy. The paper contributes an analysis of state pricing strategies and how they are embedded in state regulatory structures. Additionally, through an analysis of the interconnections of state power and pharmaceutical value Abrahams's neo-liberal corporate bias model for pharmaceutical policy analysis is problematised.

Keywords: pharmaceutical governance, pharmaceutical bureaucracy, pricing strategies, state power, value theory

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4063 Determinants of Service Quality on Thai Passengers’ Repeated Purchase of Domestic Flight Service with Thai Airways International

Authors: Nattapong Techarattanased

Abstract:

This research paper aimed to identify determinants of airline service quality on passengers’ repeated purchase of service. The population of this study was Thai passengers flying domestic flights with Thai Airways, making a total of 300 samples. These 300 samples participated in this research by answering a collection of questions by means of a questionnaire. An analysis of means score and multiple regression revealed that perceived service quality for tangible elements, reliability, responsiveness, assurance and empathy had determined repeated purchase of flight service of the passengers at a high level. Moreover, reliability and responsiveness factors could predict the passengers’ repeated purchase of flight service at the percentage of 30.6. The findings gave a signal that Thai Airways may consider a development of route network and fleet strategy as well as an establishment of aircraft and seat qualification to meet passengers’ needs and requirements. Passengers’ level of satisfaction could also be maximized by offering service value through various kinds of special deals and programs, whereas value- added pricing strategy should be considered in order to differentiate from and beat other leading airline competitors.

Keywords: repeated purchase, service quality, domestic flight, Thai Airways

Procedia PDF Downloads 271
4062 The African Notion of Moral Personhood

Authors: Meshandren Naidoo

Abstract:

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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4061 An Application of Content Analysis, SWOT Analysis, and the TOPSIS Method: A Case Study of the 'Tourism Ambassador' Program in Indonesia

Authors: Gilang Maulana Majid

Abstract:

If a government program remains scientifically uncontested for a long time, it is likely that its effects will be far from expected as there is no concrete evaluation of the steps being taken. This article identifies how such a theory aptly describes the case of the 'tourism ambassador' program in Indonesia. Being set out as one of the tourism promotional means of many regional governments in Indonesia, this program is heavily criticized for being ineffective despite a large number of budgets being spent on an annual basis. Taking the program as a case study, this article applies content analysis, SWOT analysis, and TOPSIS as data analysis methods, with a total of 56 tourism ambassadors invited to become coders, respondents, and/or interviewees in this research. The study reveals the SWOT of the program, recognizes four strategies that can be taken to optimize the program's effects and prioritizes a strategy based on the preferences of the involved tourism ambassadors using TOPSIS. It is found that incorporation of technology such as the creation of an online platform is, among others, the most expected approach to be taken to solve the problems concerning tourism ambassador program. However, based on the costs and benefits of each strategy presented in the current study, each alternative appears to have trade-offs between one and another.

Keywords: Indonesia, optimization strategies, 'Tourism Ambassador' program, SWOT-TOPSIS

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4060 Development of a Drive Cycle Based Control Strategy for the KIIRA-EV SMACK Hybrid

Authors: Richard Madanda, Paul Isaac Musasizi, Sandy Stevens Tickodri-Togboa, Doreen Orishaba, Victor Tumwine

Abstract:

New vehicle concepts targeting specific geographical markets are designed to satisfy a unique set of road and load requirements. The KIIRA-EV SMACK (KES) hybrid vehicle is designed in Uganda for the East African market. The engine and generator added to the KES electric power train serve both as the range extender and the power assist. In this paper, the design consideration taken to achieve the proper management of the on-board power from the batteries and engine-generator based on the specific drive cycle are presented. To harness the fuel- efficiency benefits of the power train, a specific control philosophy operating the engine and generator at the most efficient speed- torque and speed-power regions is presented. By using a suitable model developed in MATLAB using Simulink and Stateflow, preliminary results show that the steady-state response of the vehicle for a particular hypothetical drive cycle mimicking the expected drive conditions in the city and highway traffic is sufficient.

Keywords: control strategy, drive cycle, hybrid vehicle, simulation

Procedia PDF Downloads 358
4059 Community Based Local Economic Development Strategy Using Strategic Asumption Surfacing and Testing and Expoential Rank Method

Authors: Kholil Kholil, Soecahyadi Soecahyadi

Abstract:

Geographically, Padang Panjang Regency which located in the heart of Western Sumatra has great potentials for the tourism industry. However, these potentials have not been strategically developed for increasing local economic development and people's welfare. The purpose of this research is to design the strategy of sustainable tourism area development using Strategic Assumption Surfacing and Testing (SAST) and Exponential Rank Method (ERM). Result study showed, there are four aspects which importance and certainly for developing tourism area destination in Padang Panjang Regency; (1) tourist information center and promotion, (2) regional cooperation development; (3) minangese center as a center of excellence; and (4) building the center of the public market. To build an attractive tourist area required action plan includes the construction of an information center, center of excellence of minangese, and tourist infrastructure; and public participation is a key success factor for ensuring sustainability of tourism development in Padang Panjang Regency.

Keywords: local economic development, tourism attraction, SAST, ERM

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4058 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

Procedia PDF Downloads 331