Search results for: conflict of laws
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1766

Search results for: conflict of laws

656 Evaluation and Analysis of the Regulations of Health and Safety in the Construction Industry: A Case of Study in Skikda, Algeria

Authors: Khorief Ouissem, Sassi Boudmagh Souad, Mahimoud Aissa

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The health and safety problem in the construction companies has been a major subject of research in Algeria for many years. The latest statistics of the Algerian National Social Security Fund (CNAS) shows that a third of accidents recorded at the national level are originated from construction activities. It is becoming increasingly essential and urgent to investigate and address its causes in order to find measures to overcome the deficiencies in this area. Thus, this paper takes in investigating this problem through a study conducted in the city of Skikda, Algeria. The study was carried out through questionnaire where twenty construction companies were taking into consideration. First, the study identifies the regulations and the laws related to the health and safety in the construction sector in Algeria. Then it goes on to assess and evaluate the implementation of the identified regulations in the companies selected. The result of the assessment indicates that the majority of the construction companies considered do not meet the health and safety standards and regulations. To extract the main causes of the failure of the system to control this industry, the observations and the evaluation were analyzed using the 5M or Ichikawa diagram method. This method is based on identifying the causes of the problem in terms of purpose, the list of potential causes for families. These families often correspond to 5M (Labor, Material, Methods, Middle, and Management). Finally, having identified the primary motives, the present authors propose a list of actions to move towards a more controlled and effective health and safety system for the construction industry.

Keywords: health and safety, construction industry, performance measurement, Algeria

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655 Guarding the Fortress: Intellectual Property Rights and the European Union’s Cross-Border Jurisdiction

Authors: Sara Vora (Hoxha)

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The present article delves into the intricate matters concerning Intellectual Property Rights (IPR) and cross-border jurisdiction within the confines of the European Union (EU). The prevalence of cross-border intellectual property rights (IPR) disputes has increased in tandem with the globalization of commerce and the widespread adoption of technology. The European Union (EU) is not immune to this trend. The manuscript presents a comprehensive analysis of various forms of intellectual property rights (IPR), such as patents, trademarks, and copyrights, and the regulatory framework established by the European Union (EU) to oversee these rights. The present article examines the diverse approaches employed for ascertaining the appropriate jurisdiction within the European Union (EU), and their potential application in the sphere of cross-border intellectual property rights (IPR) conflicts. The article sheds light on jurisdictional issues and outcomes of significant cross-border intellectual property rights (IPR) disputes in the European Union (EU). Additionally, the document provides suggestions for effectively managing intellectual property rights conflicts across borders within the European Union, which encompasses the utilization of alternative methods for resolving disputes. The article highlights the significance of comprehending the relevant jurisdiction in the European Union for Intellectual Property Rights (IPR). It also offers optimal approaches for enterprises and individuals who aim to safeguard their intellectual property beyond national boundaries. The primary objective of this article is to furnish a thorough comprehension of Intellectual Property Rights (IPR) and the relevant jurisdiction in the European Union (EU). Additionally, it endeavors to provide pragmatic recommendations for managing cross-border IPR conflicts in this intricate and ever-changing legal milieu.

Keywords: intellectual property rights (IPR), cross-border jurisdiction, applicable laws and regulations, dispute resolution, best practices

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654 The Evaluation and Assessment of Modernism

Authors: Mohammad Mirzaei

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The term "modernism" is at the heart of debates about 20th-century literature and critical theory. Astradur Eysteinsson argues here that the notion of modernity does not emerge directly from the literature it encompasses but is actually a product of critical practices related to non-traditional literature. By intervening in and relating them to modernist works and contemporary literary theories, Esteinsson takes a comprehensive look at the idea of modernity. Eysteinsson critically examines various expressions of modernism in the rich spectrum of American, British, and European literature, criticism, and theory. He first explored a number of modernist paradigms and found a conflict between modernism's potential for cultural subversion and its relatively conservative status as a formalist project. In turn, he sees these paradigms as interpretations and inventions of literary history. Seen in this way, modernism presents both a historical change in the literary scene and the context of this change. Imbued with the connotations of tradition and modernity, modernity fulfills its primary function. Highlights and defines the complex relationship between history and post-realist literature. Eysteinsson focuses on how concepts of modernism guide our understanding of literature and literary history and how they influence the evaluation of experimental and 3post realist works in literature and art. He discusses in detail the relationship between modernism and the key terms postmodernism, avant-garde, and realism. In staging a crisis of subject and reference, modernity is not a form of discourse but its subversion, the "other" that may reveal important aspects of our social and linguistic experience in Western culture.

Keywords: literature, modernism, western cultures, postmodernism

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653 Multi-Objective Optimization in Carbon Abatement Technology Cycles (CAT) and Related Areas: Survey, Developments and Prospects

Authors: Hameed Rukayat Opeyemi, Pericles Pilidis, Pagone Emanuele

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An infinitesimal increase in performance can have immense reduction in operating and capital expenses in a power generation system. Therefore, constant studies are being carried out to improve both conventional and novel power cycles. Globally, power producers are constantly researching on ways to minimize emission and to collectively downsize the total cost rate of power plants. A substantial spurt of developmental technologies of low carbon cycles have been suggested and studied, however they all have their limitations and financial implication. In the area of carbon abatement in power plants, three major objectives conflict: The cost rate of the plant, Power output and Environmental impact. Since, an increase in one of this parameter directly affects the other. This poses a multi-objective problem. It is paramount to be able to discern the point where improving one objective affects the other. Hence, the need for a Pareto-based optimization algorithm. Pareto-based optimization algorithm helps to find those points where improving one objective influences another objective negatively and stops there. The application of Pareto-based optimization algorithm helps the user/operator/designer make an informed decision. This paper sheds more light on areas that multi-objective optimization has been applied in carbon abatement technologies in the last five years, developments and prospects.

Keywords: gas turbine, low carbon technology, pareto optimal, multi-objective optimization

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652 The Problem of Reconciling the Principle of Confidentiality in Foreign Investment Arbitration with the Public Interest

Authors: Bárbara Magalhães Bravo, Cláudia Figueiras

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The economical globalization through the liberalization of the markets and capitals boosted the economical development of the nations and the needs for sorting out the disputes arising from the foreign investment. The arbitration, for all the inherent advantages, such as swiftness, arbitrators’ specialise skills and impartiality sets a pacifier tool for the interest in account. Safeguarded the public interest, we face the problem of the confidentiality in the arbitration. The urgent development of impelling mechanisms concerning transparency, guaranty and protection of the interest in account, reveals itself urgent. Through a bibliography review, we will dense the state of art, by going through the several solutions concerning, and pointing out the most suitable. Through the jurisprudential analysis we will point out the solution for the conflict confidentiality/public interest. The transparency, inextricable from the public interest, imposes the arbitration process can be open to all citizens. Transparency rules have been considered at the UNCITRAL in attempting to conciliate the necessity of publicity and the public interest, however still insufficient. The arbitration of foreign investment carries consequences to the citizens of the State. Articulating mechanisms between the arbitral procedures secrecy and the public interest should be adopted. The arbitration of foreign investment, being a tertius genius between the international arbitration and the administrative arbitration would claim its own regulation in each and every States where the confidentiality rules and its exceptions could be identified. One should enquiry where the limit of the citizens’ individual rights protection and the public interest should give way to the principle of transparency

Keywords: arbitration, foreign investment, transparency, confidenciality, International Centre for Settlement of Investment Disputes UNCITRAL

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651 The Relationship between Infill Development Indicators and Quality of Life in Urban Neighborhoods

Authors: S. Mohammad Reza Khatibi

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Statistics on urbanization in Iran and around the world show that urbanization rate and urban population had had an increasing growth and, during five decades, this trend shows the fact that growth will still continue for a long time. Therefore, instead of an irregular horizontal city development and growth, a sustainable development is achievable by filling the existing city fabric, organizing the density and changing the use of incompatible old or urban buildings. One approach is the infill development. Infill development is the development of vacant land or wasteland abandoned within built areas or where there already exist facilities and equipment. Simply put, infill development is the use of empty spaces or those lacking intra-city use for city development. Additionally, fulfillment of social justice and creating a safe, secure and desirable atmosphere for citizens to live and stay active along with acquiring equal life opportunities, are among the goals of vision plan of Iran in conflict with which, certain environments have been created by city neighborhoods having physical, social, economic, etc. problems. Accordingly, in order to meet the extensive need of many cities for openness to growing population, this paper aims to investigate the relationship between infill development indicators and life quality in urban neighborhoods, using descriptive-analytical research method. Findings show that infill development indicators in three physical, social and economic categories can be adapted with quality components of urban environments, especially urban neighborhoods, and related guidelines can be offered.

Keywords: infill development, life quality, urban neighborhoods, indicator

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650 21st Century Gunboat Diplomacy and Strategic Sea Areas

Authors: Mustafa Avsever

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Throughout history, states have attached great importance to seas in terms of economic and security. Advanced civilizations have always founded in coastal regions. Over time, human being has tended to trade and naturally always aimed get more and more. Seas by covering 71% of the earth, provide the greatest economic opportunities for access to raw material resources and the world market. As a result, seas have become the most important areas of conflict over the course of time. Coastal states, use seas as a tool for defense zone, trade, marine transportation and power transfer, they have acquired colonies overseas and increased their capital, raw materials and labor. Societies, have increased their economic prosperity, though their navies in order to retain their welfare and achieve their foreign policy objectives. Sometimes they have imposed their demands through the use or threat of limited naval force in accordance with their interests that is gunboat diplomacy. Today we can see samples of gunboat diplomacy used in the Eastern Mediterranean, during Ukraine crisis, in dispute between North Korea and South Korea and the ongoing power struggle in Asia-Pacific. Gunboat diplomacy has been and continues to be applied consistently in solving problems by the stronger side of the problem. The purpose of this article is to examine using navy under the gunboat diplomacy as an active instrument of foreign policy and security policy and reveal the strategic sea areas in which gunboat diplomacy is used effectively in the matrix of international politics in the 21st century.

Keywords: gunboat diplomacy, maritime strategy, sea power, strategic sea lands

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649 Circular Economy and Remedial Frameworks in Contract Law

Authors: Reza Beheshti

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This paper examines remedies for defective manufactured goods in commercial circular economic transactions. The linear ‘take-make-dispose’ model fits well with the conventional remedial framework in which damages are considered the primary remedy. Damages under English Sales Law encourages buyers to look for a substitute seller with broadly similar goods to the ones agreed on in the original contract, enter into contract with this new seller and hence terminate the original contract. By doing so, the buyer ends the contractual relationship. This seems contrary to the core principles of the circular economy: keeping products, components, and materials in longer use, which can partly be achieved by product refurbishment. This process involves returning a product to good working condition by replacing or repairing major components that are faulty or close to failure and making ‘cosmetic’ changes to update the appearance of a product. This remedy has not been widely accepted or applied in commercial cases, which in turn flags up the secondary nature of performance-related remedies. This paper critically analyses the laws concerning the seller’s duty to cure in English law and the extent to which they correspond with core principles of the circular economy. In addition, this paper takes into account the potential of circular economic transactions being characterised as something other than sales. In such situations, the likely outcome will be a license to use products, which may limit the choice of remedy further. Consequently, this paper suggests an outline remedial framework specifically for commercial circular economic transactions in manufactured goods.

Keywords: circular economy, contract law, remedies, English Sales Law

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648 Versatile Social Goals and Conceptualizations of Irony- Perspectives from Cross-Cultural Pragmatics

Authors: Zsuzsanna Schnell, Francesca Ervas

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Background: Our study aims to explore the differences in the use and applicability of irony across cultures. We examined a group of students predominantly from individualistic- and from collectivistic cultures in their use and understanding of the social goals of irony in discourse. Method: We tested 24 subjects with 14 irony tasks based on a scenario with an ironic target sentence. On the basis of their judgments, conclusions were drawn about the interpersonal effects of irony in different cultures: namely, individualistic and collectivistic. Statistical analysis revealed quantitative differences in the judgments of humorous effect and rudeness, if irony will avoid or, rather, trigger conflict between the speakers, and the interpersonal effect of irony if it targeted performance, vs. behavior vs. the situation. Results: Findings confirm that collectivistic cultures strive for harmony at the group level, prioritizing status, and often find irony to be impolite and rude, also threatening the Face, i.e. their social self, whereas individualistic cultures see irony as having the opposite social purpose in communication; blunting remarks, adding humor and thus friendlier, funnier and even as a tool to avoid conflicts. Discussion and conclusions: Results revealed that there are significant differences in collectivistic vs individualistic cultures concerning the accepted and appropriate use of irony. In fact, in collectivistic cultures where gender equality is questionable, the use of irony may also be questionable: it may even be prohibited with opposite-sex individuals. Such cultural norms give significantly different communication patterns and, importantly, frameworks for interpretation in our everyday lives.

Keywords: irony, social cognition, cross-cultural pragmatics, social goals

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647 Readjustment Plans for Urbanizing the Palestinian Society in Israel

Authors: Kais Nasser, Ronit Levine-Schnur

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Due to the prolonged negligence of planning institutions, a large portion of Palestinian localities in Israel lack basic infrastructure, development, and urbanism and suffer from a severe shortage of housing. In the past years, planning institutions in Israel began to promote master planning for Palestinian localities and for new neighborhoods. Land readjustment plans (PLIs) were the primary planning mechanism. According to Israel’s planning institutions, readjustment plans aimed to afford housing and to ensure that new neighborhoods enjoy developed infrastructure, modern construction, public lands and urbanism. However, a wide group of Palestinian landowners and stakeholders opposed PLIs. This article exposes the reasons behind such objections. Methodology: The research carried out an in-depth analysis of approximately 1,780 objections to PLIs that have been advanced in recent years. These objections reveal what really concerns landowners, what they defend indeed, and how planning institutions dealt with their arguments. Initial Findings: Exploring the objections submitted by landowners to readjustment plans reveals a conceptual and cultural conflict between landowners and the planning institutions. While planning institutions believe that these plans can transform landowners and Arab society in general from a rural, local, and conservative life to a modern- urban life, the landowners believe that planning institutions strive to change their way of life and force them to adopt an urban life without giving much attention and respect to their tradition, habits and cultural way of life.

Keywords: land readjustment, culture, urbanization, minority

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646 Freedom of Speech and Involvement in Hatred Speech on Social Media Networks

Authors: Sara Chinnasamy, Michelle Gun, M. Adnan Hashim

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Federal Constitution guarantees Malaysians the right to free speech and expression; yet hatred speech can be commonly found on social media platforms such as Facebook, Twitter, and Instagram. In Malaysia social media sphere, most hatred speech involves religion, race and politics. Recent cases of racial attacks on social media have created social tensions among Malaysians. Many Malaysians always argue on their rights to freedom of speech. However, there are laws that limit their expression to the public and protecting social media users from being a victim of hate speech. This paper aims to explore the attitude and involvement of Malaysian netizens towards freedom of speech and hatred speech on social media. It also examines the relationship between involvement in hatred speech among Malaysian netizens and attitude towards freedom of speech. For most Malaysians, practicing total freedom of speech in the open is unthinkable. As a result, the best channel to articulate their feelings and opinions liberally is the internet. With the advent of the internet medium, more and more Malaysians are conveying their viewpoints using the various internet channels although sensitivity of the audience is seldom taken into account. Consequently, this situation has led to pockets of social disharmony among the citizens. Although this unhealthy activity is denounced by the authority, netizens are generally of the view that they have the right to write anything they want. Using the quantitative method, survey was conducted among Malaysians aged between 18 and 50 years who are active social media users. Results from the survey reveal that despite a weak relationship level between hatred speech involvement on social media and attitude towards freedom of speech, the association is still considerably significant. As such, it can be safely presumed that hatred speech on social media occurs due to the freedom of speech that exists by way of social media channels.

Keywords: freedom of speech, hatred speech, social media, Malaysia, netizens

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645 Causality between Stock Indices and Cryptocurrencies during the Russia-Ukraine War

Authors: Nidhal Mgadmi, Abdelhafidh Othmani

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This article examines the causal relationship between stock indices and cryptocurrencies during the current war between Russia and Ukraine. The econometric investigation runs from February 24, 2022, to April 12, 2023, focusing on seven stock market indices (S&P500, DAX, CAC40, Nikkei, TSX, MOEX, and PFTS) and seven cryptocurrencies (Bitcoin, Ethereum, Litcoin, Dash, Ripple, DigiByte and XEM). In this article, we try to understand how investors react to fluctuations in financial assets to seek safe havens in cryptocurrencies. We used dynamic causality to detect a possible causal relationship in the short term and seven models to estimate the long-term relationship between cryptocurrencies and financial assets. The causal relationship between financial market indexes and cryptocurrency coins in the short run indicates that three famous cryptocurrencies (BITCOIN, ETHEREUM, RIPPLE) and the two digital assets with minor popularity (XEM, Digibyte) are impacted by the German, Russian, and Ukrainian stock markets. In the long run, we found a positive and significate effect of the American, Canadian, French, and Ukrainian stock market indexes on Bitcoin. Thus, the stability of the traditional financial markets during the current war period can be explained on the one hand by investors’ fears of an unstable business climate, and on the other hand, by speculators’ sentiment towards new electronic products, which are perceived as hedging instruments and a safe haven in the face of the conflict between Ukraine and Russia.

Keywords: causality, stock indices, cryptocurrency, war, Russia, Ukraine

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644 Victims and Violators: Open Source Information, Admissibility Standards, and War Crimes Investigations in Iraq and Syria

Authors: Genevieve Zingg

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Modern technology and social media platforms have fundamentally altered the nature of war crimes investigations by providing new forms of data, evidence, and documentation, and pose a unique opportunity to expand the efficacy of international law. However, much of the open source information available is deemed inadmissible in subsequent legal proceedings and fails to function as evidence largely due to issues of reliability and verifiability. Focusing on current judicial investigations related to ongoing conflicts in Syria and Iraq, this paper will examine key challenges and opportunities for the effective use of open source information in securing justice. This paper will consider strategies and approaches that can be used to ensure that information collected by affected populations meets basic admissibility standards. This paper argues that the critical failure to equip civilian populations in conflict zones with knowledge and information regarding established admissibility standards and guidelines both jeopardizes the potential of open source information and compromises the ability of victims to participate effectively in justice and accountability processes. The ultimate purpose of this paper is, therefore, to examine how to maximize the value of open source information based on the rules of evidence in international, regional, and national courts, and how to maximize the participation of affected populations in holding their abusers to account.

Keywords: human rights, international criminal law, international justice, international law, Iraq, open source information, social media, Syria, transitional justice, war crimes

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643 Protecting Right to Life and Combating Terrorism through the Instrument of Law in Nigeria

Authors: Oyekan Kolawole Jamiu

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The right to life is a moral principle based on the belief that a human being has the right to life and, in particular, should not be unjustly killed by another human being. However, the most worrisome security challenge in Nigeria which has cut short the lives of innocent Nigerians is the activities of the dreaded terrorist group known as Boko Haram (which means Western Education is a sin). Between 2004 till date, over 15000 people have been gruesomely murdered by this terrorist group. However, despite the facts that suspected terrorists are arrested and paraded almost on a daily basis, cases of terrorism in our courts in Nigeria today have not been expeditiously dealt with by the judiciary. This paper examines the concept of right to life. The right to life is an inherent right for each and every person. From his or her birth; the individual is considered a living being that must be protected. The right to life connotes also right to live and grow in a healthy environment where there is appropriate health care, qualitative education and adequate security of lives and property. The paper also examines the fight against terrorism and the duty of the government to protect right to life of every individual even in the midst of the fight against terrorism. The paper further reviews the Terrorism Act 2011(as amended) and the clogs in the wheel of prosecution of suspected terrorists. The paper concludes that since terrorism is a new security challenge, to prevent conflict of interest, only one security agency should be trained and saddled with the responsibility of prosecuting suspected terrorist, Law should be enacted to compel intelligent gathering and sharing of information among security agencies and in addition, a special court should be established to deal expeditiously with cases of terrorism in Nigeria.

Keywords: terrorism, intelligent gathering, right to life, prosecution

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642 Revolutionary Violence and Echoes of the «Thou Shalt Not Kill» Debate: A Tragic Reading of the Class Conflict in Colombia

Authors: Jaime Otavo

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Oscar del Barco, a former member of Los Montoneros, an Argentine guerrilla group of the 1970s, published a letter in 2004 that sparked a heated debate in his country about revolutionary violence. Del Barco, on the subject of «No matarás» (Thou shalt not kill) –as this debate was known– wrote to Sergio Schmucler, his addressee, the following: "There is no 'ideal' that justifies the death of a man. The founding principle of any community is 'Thou shalt not kill'. Thou shalt not kill the man because every man is sacred, and every man is all men".In this paper, the «No matarás» debate will be used to problematize two interconnected ideas that, in Colombia, underpinned the use of revolutionary violence by the guerrilla movements that emerged in the 1970s. On the one hand, an anthropological optimism; on the other, a theological scheme of converting violence into justice. Based on this, two arguments are put forward: 1) that revolutionary violence arose from an ethical-political certainty, namely: the confidence in being on the right side of history (because the violent ones were others), but 2) that its persistence over time made visible a tragic element, that is, that the bipolarity between victim and executioner, good and evil, or friend and foe that is inscribed in the class struggle is a false dilemma for in the context of revolutionary violence –as in the context of Greek tragedy–, no one ever has to make a decision, nor can he do so. For this reason, it is maintained that the fundamental aspect about guerrilla violence in Colombia is that it imposed itself as a violence of negativity which not only exceeded the capacity of the extreme left to control its revolutionary praxis but also exploited the link with the political subjectivation to which it aspired, the proletariat as the gravedigger of the bourgeoisie.

Keywords: marxism, social movements, armed struggle, debate thou shalt not kill

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641 Investing the Employees Higher Quitting Intention at the Call Centers of Pakistan: A Reality or a Myth: A Case Study of Pakistan Telecommunication Sector

Authors: Naheed Malik, Marisa Smith

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This study has been undertaken as an attempt to explore the underlying reasons that cause higher employee turnover rates at the call centers of Pakistan. This research also aimed to examine the relationship among the job related variables such as job satisfaction, organizational commitment, supervisor support, self-esteem, organizational stressors (work overload, role ambiguity and work family conflict) and quitting inclination. A total of 340 call centers respondents filled the survey questionnaire. The data was analyzed through SPSS 19.0. Results reveal the significant relationship among the study variables and stress level contributing more towards employee penchant to leave the job. A significant amount of call centers employee have proclivity to quit from their jobs as soon as they would be able to find some other jobs with attractive compensation. The majority of the respondents were found to be unhappy and dissatisfied due to hectic schedule and imbalance between family and work. This research also highlighted the specific areas in which call centre management needs to emphasize deliberately that affect more sharply on employee leaving aptitude. This study also suggests some useful strategies for the well being of employees that can minimize their tendency of quitting and retention in the long run.

Keywords: call centers, stress, job satisfaction, organizational commitment, supervisor’s support, self esteem, employee turnover, employees’ intention to quit, customer service representative (CSRs)

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640 Does Indian Intellectual Property Policy Affect the U. S. Pharmaceutical Industry? A Comparative Study of Pfizer and Ranbaxy Laboratories in Regards to Trade Related Aspects of Intellectual Property Rights

Authors: Alina Hamid Bari

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Intellectual Property (IP) policies of a country have a huge impact on the pharmaceutical industry as this industry is all about patents. Developed countries have used IP protection to boost their economy; developing countries are concerned about access to medicine for poor people. U.S. company, Pfizer had a monopoly for 14 years for Lipitor and it all came to end when Pfizer decided to operate in India. This research will focus at the effects of Indian IP policies on USA by comparing Pfizer & Ranbaxy with regards to Trade Related Aspects of Intellectual Property Rights. For this research inductive approach has been used. Main source of material is Annual reports, theory based on academic books and articles along with rulings of court, policy statements and decisions, websites and newspaper articles. SWOT analysis is done for both Pfizer & Ranbaxy. The main comparison was done by doing ratio analysis and analyses of annual reports for the year 2011-2012 for Pfizer and Ranbaxy to see the impact on their profitability. This research concludes that Indian intellectual laws do affect the profitability of the U.S. pharmaceutical industry which can in turn have an impact on the US economy. These days India is only granting patents on products which it feels are deserving of it. So the U.S. companies operating in India have to defend their invention to get a patent. Thus, to operate in India and maintain monopoly in market, US firms have to come up with different strategies.

Keywords: atorvastatin, India, intellectual property, lipitor, Pfizer, pharmaceutical industry, Ranbaxy, TRIPs, U.S.

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639 A Comparative Study of Various Control Methods for Rendezvous of a Satellite Couple

Authors: Hasan Basaran, Emre Unal

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Formation flying of satellites is a mission that involves a relative position keeping of different satellites in the constellation. In this study, different control algorithms are compared with one another in terms of ΔV, velocity increment, and tracking error. Various control methods, covering continuous and impulsive approaches are implemented and tested for satellites flying in low Earth orbit. Feedback linearization, sliding mode control, and model predictive control are designed and compared with an impulsive feedback law, which is based on mean orbital elements. Feedback linearization and sliding mode control approaches have identical mathematical models that include second order Earth oblateness effects. The model predictive control, on the other hand, does not include any perturbations and assumes circular chief orbit. The comparison is done with 4 different initial errors and achieved with velocity increment, root mean square error, maximum steady state error, and settling time. It was observed that impulsive law consumed the least ΔV, while produced the highest maximum error in the steady state. The continuous control laws, however, consumed higher velocity increments and produced lower amounts of tracking errors. Finally, the inversely proportional relationship between tracking error and velocity increment was established.

Keywords: chief-deputy satellites, feedback linearization, follower-leader satellites, formation flight, fuel consumption, model predictive control, rendezvous, sliding mode

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638 Analysis of Road Accidents in India 2016 to 2021

Authors: Ajin Frank J., Shridevi Jeevan Kamble

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The primary objective of this research paper is to identify significant patterns and insights in road accident data in India spanning from 2016 to 2021. The study reveals that the frequency of accidents, injuries, and fatalities varies depending on numerous factors such as the type of vehicle, time of accidents, age of the vehicle, age and gender of the driver, among others. Notably, the COVID-19 pandemic and subsequent lockdown measures have significantly impacted these figures. One of the key findings of the analysis is the rise in the number of accidents and deaths involving two-wheeler vehicles, particularly among younger individuals, in major states across India. This trend is of concern, and there is a need for increased awareness and precautions to prevent these types of accidents. Additionally, with the imminent rise of electric vehicles in the coming years, ensuring their safety on the road is a critical matter. Another significant factor contributing to road accidents is the age of vehicles. As vehicles age, their handling becomes more challenging compared to new ones, increasing the risk of accidents. Thus, it is imperative for the government to impose stringent regulations and laws to reduce these accident-causing factors and raise awareness among individuals about taking necessary precautions to avoid accidents. This study highlights the importance of understanding the underlying patterns and factors contributing to road accidents in India. Through this knowledge, policymakers and stakeholders can develop effective strategies to address these challenges and promote road safety, ultimately reducing the number of accidents, injuries, and fatalities on Indian roads.

Keywords: road accidents, India, road safety, accident deaths

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637 Cantilever Secant Pile Constructed in Sand: Numerical Comparative Study and Design Aids – Part II

Authors: Khaled R. Khater

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All civil engineering projects include excavation work and therefore need some retaining structures. Cantilever secant pile walls are an economical supporting system up to 5.0-m depths. The parameters controlling wall tip displacement are the focus of this paper. So, two analysis techniques have been investigated and arbitrated. They are the conventional method and finite element analysis. Accordingly, two computer programs have been used, Excel sheet and Plaxis-2D. Two soil models have been used throughout this study. They are Mohr-Coulomb soil model and Isotropic Hardening soil models. During this study, two soil densities have been considered, i.e. loose and dense sand. Ten wall rigidities have been analyzed covering ranges of perfectly flexible to completely rigid walls. Three excavation depths, i.e. 3.0-m, 4.0-m and 5.0-m were tested to cover the practical range of secant piles. This work submits beneficial hints about secant piles to assist designers and specification committees. Also, finite element analysis, isotropic hardening, is recommended to be the fair judge when two designs conflict. A rational procedure using empirical equations has been suggested to upgrade the conventional method to predict wall tip displacement ‘δ’. Also, a reasonable limitation of ‘δ’ as a function of excavation depth, ‘h’ has been suggested. Also, it has been found that, after a certain penetration depth any further increase of it does not positively affect the wall tip displacement, i.e. over design and uneconomic.

Keywords: design aids, numerical analysis, secant pile, Wall tip displacement

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636 Heritage Management Planning, Stakeholders and Legal Problematic: The Case of the Archeological Site of Jarash in Jordan

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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635 A TgCNN-Based Surrogate Model for Subsurface Oil-Water Phase Flow under Multi-Well Conditions

Authors: Jian Li

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The uncertainty quantification and inversion problems of subsurface oil-water phase flow usually require extensive repeated forward calculations for new runs with changed conditions. To reduce the computational time, various forms of surrogate models have been built. Related research shows that deep learning has emerged as an effective surrogate model, while most surrogate models with deep learning are purely data-driven, which always leads to poor robustness and abnormal results. To guarantee the model more consistent with the physical laws, a coupled theory-guided convolutional neural network (TgCNN) based surrogate model is built to facilitate computation efficiency under the premise of satisfactory accuracy. The model is a convolutional neural network based on multi-well reservoir simulation. The core notion of this proposed method is to bridge two separate blocks on top of an overall network. They underlie the TgCNN model in a coupled form, which reflects the coupling nature of pressure and water saturation in the two-phase flow equation. The model is driven by not only labeled data but also scientific theories, including governing equations, stochastic parameterization, boundary, and initial conditions, well conditions, and expert knowledge. The results show that the TgCNN-based surrogate model exhibits satisfactory accuracy and efficiency in subsurface oil-water phase flow under multi-well conditions.

Keywords: coupled theory-guided convolutional neural network, multi-well conditions, surrogate model, subsurface oil-water phase

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634 Using Genetic Algorithm to Organize Sustainable Urban Landscape in Historical Part of City

Authors: Shahab Mirzaean Mahabadi, Elham Ebrahimi

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The urban development process in the historical urban context has predominately witnessed two main approaches: the first is the Preservation and conservation of the urban fabric and its value, and the second approach is urban renewal and redevelopment. The latter is generally supported by political and economic aspirations. These two approaches conflict evidently. The authors go through the history of urban planning in order to review the historical development of the mentioned approaches. In this article, various values which are inherent in the historical fabric of a city are illustrated by emphasizing on cultural identity and activity. In the following, it is tried to find an optimized plan which maximizes economic development and minimizes change in historical-cultural sites simultaneously. In the proposed model, regarding the decision maker’s intention, and the variety of functions, the selected zone is divided into a number of components. For each component, different alternatives can be assigned, namely, renovation, refurbishment, destruction, and change in function. The decision Variable in this model is to choose an alternative for each component. A set of decisions made upon all components results in a plan. A plan developed in this way can be evaluated based on the decision maker’s point of view. That is, interactions between selected alternatives can make a foundation for the assessment of urban context to design a historical-cultural landscape. A genetic algorithm (GA) approach is used to search for optimal future land use within the historical-culture landscape for a sustainable high-growth city.

Keywords: urban sustainability, green city, regeneration, genetic algorithm

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633 The Context of Human Rights in a Poverty-Stricken Africa: A Reflection

Authors: Ugwu Chukwuka E.

Abstract:

The African context of human right instruments as recognized today can be traced to Africa’s relationship with the Western World. A significant preponderance of these instruments are found in both colonial and post colonial statutes as the colonial laws, the post colonial legal documents as constitutions or Africa’s adherence to relevant international instruments on human rights as the Universal Declaration of Human Rights (1948) and the African Charter on Human and Peoples’ Rights (1981). In spite of all these human rights instruments inherent in the African continent, it is contended in this paper that, these Western-oriented notion of human rights, emphasizes rights that hardly meets the current needs of contemporary African citizens. Adopting a historical research methodology, this study interrogates the dynamics of the African poverty context in relation to the implementation of human rights instruments in the continent. In this vein, using human rights and poverty scenarios from one Anglophone (Uganda) and one Francophone (Senegal) countries in Africa, the study hypothesized that, majority of Africans are not in a historical condition for the realization of these rights. The raison d’etre for this claim emerges from the fact that, the present generations of African hoi polloi are inundated with extensive powerlessness, ignorance, diseases, hunger and overall poverty that emasculates their interest in these rights instruments. In contrast, the few Africans who have access to the enjoyment of these rights in the continent hardly needs these instruments, as their power and resources base secures them that. The paper concludes that the stress of African states and stakeholders on African affairs should concentrated significantly, on the alleviation of the present historical poverty squalor of Africans, which when attended to, enhances the realization of human right situations in the continent.

Keywords: Africa, human rights, poverty, western world

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632 Environment and Social Management Strategy at Kuwait Integrated Petroleum Industries Company

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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631 Grandparent's Psychologically Control, Parent's Well-Being and the Coparenting Practice among Vietnamese Families

Authors: Nam-Phuong T. Hoang, Divna Haslam, Matthew Sanders

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Parenting psychological control (PPC) is a parenting manner of which intrusive tactics such as guilt induction, shaming or love withdrawal is adopted to manipulate the child's behavior, emotion and beliefs. PPC has been widely reported to be associated with both psychological dysfunction and low self-esteem in adolescents. Highly demanding and restrictive parenting was also found to related to high rate of risk behaviors, depression, anxiety and anti-social behaviors in adults who co-live with their parents. In many cultures like that of Asia, adults keep on co-live with their parents even after having their own families, and this is not an uncommon practice. Due to the culture obligation of family relationship and the filial piety, children are expected to stay with their parents to taking care of them when they get older, and the parents are also expected to co-live with their children in order to support them with grandchild care. As one become a grandparent, however, it does not means one stop being the parent to their own child. The effect of PPC if exist thus might continue to interfere one’s relationship with their adult children and also their adult child’s parenting. This study was designed to examine that effect of PPC on adults’ life as parents. Data was collected from 501 Vietnamese parents whose children between the age of 2 to 12 and having their parent living with them or taking care of the grandchild on daily basic. Findings show that grandparent psychological control (GPPC) is significantly associated with parent’s harsh parenting, parent’s well-being, and parent-grandparent coparenting relationship. Significantly, GPPC is the strongest predictor for the coparenting conflict between parent and grandparent.

Keywords: parenting psychological control, grandparent, coparenting, well-being

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630 The Social Reaction to the Wadi Salib Riots (1959) as Reflected in Contemporary Israeli Press

Authors: Ada Yurman

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Social reactions to deviant groups with political goals follow two central patterns; one that associates personal characteristics with deviant behavior, and the other that claims that society is to be blamed for deviant behavior. The establishment usually tends towards the former notion and thus disclaims any responsibility for the distress of the underprivileged, while it is usually those who oppose government policies who believe that the fault lies with society. The purpose of the present research was to examine social reactions to the Wadi Salib riots that occurred in Haifa in 1959. These riots represented the first ethnic protest within Israeli society with its ideology of the ingathering of the exiles. The central question was whether this ideology contributed to the development of a different reaction when compared to reactions to similar events abroad. This question was examined by means of analyzing articles in the Israeli press of that period. The Israeli press representing the views of the establishment was at pains to point out that the rioters were criminals, their object being to obstruct the development of society. Opposition party leaders claimed that the rioters lived in poor circumstances, which constituted a direct result of government policies. An analysis of press reports on the Wadi Salib riots indicates a correspondence between the reaction to these events and similar events abroad. Nevertheless, the reaction to the Wadi Salib riots did not only express a conflict between different political camps, but also different symbolic universes. Each group exploited the events at Wadi Salib to prove that their ideology was the legitimate one.

Keywords: riots, media, political deviance, symbolic universe

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629 A Composite Indicator to Monitoring European Water Policies Using a Flexible Sustainability Approach

Authors: De Castro-Pardo M., Cabello J. M., Martin J. M., Ruiz F.

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In this paper, we propose a new Water Sustainability Indicator based on a Multi-Reference methodology that permits modeling compensation between the analysed criteria and provides a participative approach. The proposed indicator provides results based on 19 variables grouped into 5 dimensions: availability, access, resilience, good governance and economic capacity. The indicator was applied to assess water sustainability in 27 European countries. The results showed that Finland, the Netherlands, Sweden and the United Kingdom obtained the best global results in terms of weak water (compensatory) sustainability. In terms of strong water (non-compensatory) sustainability, no country gained acceptable results in terms of strong sustainability. Climate change and the state of freshwater resources were detected as especially vulnerable in all the analysed countries. The results identified some eastern European countries with low GDP and good performance of availability and cost of water, with bad results in terms of governance and water productivity. These results could jeopardize water sustainability in the event of a potential economic development if these limitations are not addressed. In a context of economic and political instability due to the current armed conflict in nearby countries such as Ukraine, it is especially important to pay attention to these countries, whose good governance indicators could worsen even more. The proposed indicator allowed to the identification of warning signs and could contribute to the improvement in decision-making processes. Moreover, it could improve the monitoring of international water policies.

Keywords: water sustainability, composite indicators, compensatory approach, sustainability European policies

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628 Criminal Justice System, Health and Imprisonment in India

Authors: Debolina Chatterjee, Suhita Chopra Chatterjee

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Imprisonment is an expansive concept, as it is regulated by laws under criminal justice system of the state. The state sets principles of punishment to control offenders and also puts limits to excess punitive control. One significant way through which it exercises control is through rules governing healthcare of imprisoned population. Prisons signify specialized settings which accommodate both medical and legal concerns. The provision of care operates within the institutional paradigm of punishment. This requires the state to negotiate adequately between goals of punishment and fulfilment of basic human rights of offenders. The present study is based on a critical analysis of prison healthcare standards in India, which include government policies and guidelines. It also demonstrates how healthcare is delivered by drawing insights from a primary study conducted in a correctional home in the state of West Bengal, India, which houses both male and female inmates. Forty women were interviewed through semi-structured interviews, followed by focus group discussions. Doctors and administrative personnel were also interviewed. Findings show how institutional practices control women through subversion of the role of doctors to prison administration. Also, poor healthcare infrastructure, unavailability of specialized services, hierarchies between personnel and inmates make prisons unlikely sites for therapeutic intervention. The paper further discusses how institutional practices foster gender-based discriminatory practices.

Keywords: imprisonment, Indian prisons, prison healthcare, punishment

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627 Intellectual Property Rights on Plant Materials in Colombia: Legal Harmonization for Food Sovereignty

Authors: Medina Muñoz Lina Rocio

Abstract:

The purpose of this paper is to examine the debates related to the harmonization of intellectual property rights on plant material, the corporate governance of the seed market in Colombia and the political economy of seeds defended by indigenous communities. In recent years, the commodification of seeds through genetic engineering and political intellectual property, codified as a result of the implementation of the Free Trade Agreement with the United States, has come into conflict with the traditional production of seeds carried out by small farmers and indigenous populations. Agricultural and food practices. In order to understand the ontological dimension of conflicts over seeds, it is necessary to analyze the conceptions that indigenous communities have about good, which they consider a common element of their social organization and define them as sentient beings. Therefore, through a multiple approach, in which the intellectual property policy, the ecological aspects of seed production and the political ontology of indigenous communities are interwoven, I intend to present the discussions held by the actors involved and present the strategies of small producers to protect their interests. It demonstrates that communities have begun to organize social movements to protect such interests and have questioned the philosophy of GM corporate agriculture as a pro-life movement. Finally, it is argued that the conservation of 'traditional' seeds of the communities is an effective strategy to support their struggles for territory, identity, food sovereignty and self-determination.

Keywords: intellectual property rights, intellectual property, traditional knowledge, food safety

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