Search results for: Contracts for International Sale of Goods
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 4573

Search results for: Contracts for International Sale of Goods

4483 Domestic Trade, Misallocation and Relative Prices

Authors: Maria Amaia Iza Padilla, Ibai Ostolozaga

Abstract:

The objective of this paper is to analyze how transportation costs between regions within a country can affect not only domestic trade but also the allocation of resources in a given region, aggregate productivity, and relative domestic prices (tradable versus non-tradable). On the one hand, there is a vast literature that analyzes the transportation costs faced by countries when trading with the rest of the world. However, this paper focuses on the effect of transportation costs on domestic trade. Countries differ in their domestic road infrastructure and transport quality. There is also some literature that focuses on the effect of road infrastructure on the price difference between regions but not on relative prices at the aggregate level. On the other hand, this work is also related to the literature on resource misallocation. Finally, the paper is also related to the literature analyzing the effect of trade on the development of the manufacturing sector. Using the World Bank Enterprise Survey database, it is observed cross-country differences in the proportion of firms that consider transportation as an obstacle. From the International Comparison Program, we obtain a significant negative correlation between GDP per worker and relative prices (manufacturing sector prices relative to the service sector). Furthermore, there is a significant negative correlation between a country’s transportation quality and the relative price of manufactured goods with respect to the price of services in that country. This is consistent with the empirical evidence of a negative correlation between transportation quality and GDP per worker, on the one hand, and the negative correlation between GDP per worker and domestic relative prices, on the other. It is also shown that in a country, the share of manufacturing firms whose main market is at the local (regional) level is negatively related to the quality of the transportation infrastructure within the country. Similarly, this index is positively related to the share of manufacturing firms whose main market is national or international. The data also shows that those countries with a higher proportion of manufacturing firms operating locally have higher relative prices. With this information in hand, the paper attempts to quantify the effects of the allocation of resources between and within sectors. The higher the trade barriers caused by transportation costs, the less efficient allocation, which causes lower aggregate productivity. Second, it is built a two-sector model where regions within a country trade with each other. On the one hand, it is found that with respect to the manufacturing sector, those countries with less trade between their regions will be characterized by a smaller variety of goods, less productive manufacturing firms on average, and higher relative prices for manufactured goods relative to service sector prices. Thus, the decline in the relative price of manufactured goods in more advanced countries could also be explained by the degree of trade between regions. This trade allows for efficient intra-industry allocation (traders are more productive, and resources are allocated more efficiently)).

Keywords: misallocation, relative prices, TFP, transportation cost

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4482 Novel Practices in Research and Innovation Management

Authors: A. Ravinder Nath, D. Jaya Prakash, T. Venkateshwarlu, P. Raja Rao

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The introduction of novel practices in research and innovation management at the university are likely to make a real difference in improving the quality of life and boost the global competitiveness for sustainable economic growth. Establishment a specific institutional structure at the university level provides professional management and administrative expertise to the university’s research community by sourcing out funding opportunities, extending guidance in grant proposal preparation and submission and also assisting in the post award reporting and regulatory observance. In addition to these it can involve in negotiating fair and equitable research contracts. Further it administer research governance to provide support and encourage collaborations across all disciplines of the university with industry, government, community based organizations, foundations, and associations at the local, regional, national and international levels/scales. The partnerships in research and innovation are more powerful and far needed tools for knowledge-based economy, where the universities can offer the services of much wanted human resources to promote, foster, and sustain excellence in research. In addition to this the institutes provide amply desired infrastructure and expertise to work with the investigators, and the industry will generate required financial resources in a coordinated manner. Further it is possible to carryout high-end applied research and synergizes the research capabilities and professional skills of students, faculty, scientists, and industrial work force.

Keywords: collaborations, competitiveness, contracts, governance

Procedia PDF Downloads 397
4481 Legal and Contractual Framework for Private Experiments in Space

Authors: Linda Ana-Maria Ungureanu

Abstract:

As space exploration opens to new actors, we are faced with the interesting question of regulating more complex structures that enable private experiments. From intellectual property implications to private and public law, there is a multitude of factors and legal structures that need to be taken into consideration when opening space, and these structures need to be harmonized with the International Space Treaties governing space exploration. In this sense, this article presents an overview of the legal and contractual framework applicable to private experiments conducted in space and/or in relation to off-world environments. Additionally, the article analyses the manner in which national space agencies regulate agreements concluded with private actors and research institutions. Finally, the article sets a series of de lege ferenda proposals for the regulation of general research and development rules and intellectual property matters that are connected to experiments and research conducted in space and/or concerning off-world environments.

Keywords: private space, intellectual property, contracts, ESA guidelines, EU legislation, Intellectual property law, international IP treaties

Procedia PDF Downloads 107
4480 The Difference between Legislative Jurisdiction and Judicial Jurisdiction in International Law

Authors: Zhang Rui

Abstract:

The primary aim of the study is to compare legislative jurisdiction and judicial jurisdiction in international law, highlighting the unique conditions and bases for their exercise in legal practice.The research employs a comparative law analysis approach alongside a thorough examination of international law principles to achieve a comprehensive understanding of legislative and judicial jurisdiction in the international legal context. The findings of this research underscore the diverse development trajectory of legislative jurisdiction in international law, emphasizing the continued significance of territoriality as a primary basis for exercising judicial jurisdiction.

Keywords: international law, judicial jurisdiction, legislative jurisdiction, legal implementation

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4479 Securing Online Voting With Blockchain and Smart Contracts

Authors: Anant Mehrotra, Krish Phagwani

Abstract:

Democratic voting is vital for any country, but current methods like ballot papers or EVMs have drawbacks, including transparency issues, low voter turnout, and security concerns. Blockchain technology offers a potential solution by providing a secure, decentralized, and transparent platform for e-voting. With features like immutability, security, and anonymity, blockchain combined with smart contracts can enhance trust and prevent vote tampering. This paper explores an Ethereum-based e-voting application using Solidity, showcasing a web app that prevents duplicate voting through a token-based system, while also discussing the advantages and limitations of blockchain in digital voting. Voting is a crucial component of democratic decision-making, yet current methods, like paper ballots, remain outdated and inefficient. This paper reviews blockchain-based voting systems, highlighting strategies and guidelines to create a comprehensive electronic voting system that leverages cryptographic techniques, such as zero-knowledge proofs, to enhance privacy. It addresses limitations of existing e-voting solutions, including cost, identity management, and scalability, and provides key insights for organizations looking to design their own blockchain-based voting systems.

Keywords: electronic voting, smart contracts, blockchain nased voting, security

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4478 On Panel Data Analysis of Factors on Economic Advances in Some African Countries

Authors: Ayoola Femi J., Kayode Balogun

Abstract:

In some African Countries, increase in Gross Domestic Products (GDP) has not translated to real development as expected by common-man in his household. For decades, a lot of contests on economic growth and development has been a nagging issues. The focus of this study is to analysing the effects of economic determinants/factors on economic advances in some African Countries by employing panel data analysis. The yearly (1990-2013) data were obtained from the world economic outlook database of the International Monetary Fund (IMF), for probing the effects of these variables on growth rate in some selected African countries which include: Nigeria, Algeria, Angola, Benin, Botswana, Burundi, Cape-Verde, Cameroun, Central African Republic, Chad, Republic Of Congo, Cote di’ Voire, Egypt, Equatorial-Guinea, Ethiopia, Gabon, Ghana, Guinea Bissau, Kenya, Lesotho, Madagascar, Mali, Mauritius, Morocco, Mozambique, Niger, Rwanda, Senegal, Seychelles, Sierra Leone, South Africa, Sudan, Swaziland, Tanzania, Togo, Tunisia, and Uganda. The effects of 6 macroeconomic variables on GDP were critically examined. We used 37 Countries GDP as our dependent variable and 6 independent variables used in this study include: Total Investment (totinv), Inflation (inf), Population (popl), current account balance (cab), volume of imports of goods and services (vimgs), and volume of exports of goods and services (vexgs). The results of our analysis shows that total investment, population and volume of exports of goods and services strongly affect the economic growth. We noticed that population of these selected countries positively affect the GDP while total investment and volume of exports negatively affect GDP. On the contrary, inflation, current account balance and volume of imports of goods and services’ contribution to the GDP are insignificant. The results of our analysis shows that total investment, population and volume of exports of goods and services strongly affect the economic growth. We noticed that population of these selected countries positively affect the GDP while total investment and volume of exports negatively affect GDP. On the contrary, inflation, current account balance and volume of imports of goods and services’ contribution to the GDP are insignificant. The results of this study would be useful for individual African governments for developing a suitable and appropriate economic policies and strategies. It will also help investors to understand the economic nature and viability of Africa as a continent as well as its individual countries.

Keywords: African countries, economic growth and development, gross domestic products, static panel data models

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4477 Human Rights Violations and the Inability of International Law to Solve Them

Authors: Amin Osama Amin Mohamed Elbaramawy

Abstract:

In the last period of time, about ten years ago, wars caused violations of human rights in many places, and despite international condemnations, they did not stop, and the truth is that international law was unable to stop them. The global wars and conflicts that the world has been witnessing for more than ten years have caused the displacement of millions of people in all parts of the earth, causing a violation of the human rights of those people. Despite international condemnations of these conflicts, these conflicts have not stopped and have not been resolved until now. Therefore, I call for international law and international courts to be more effective and not just in words, taking into account the speed in this due to the increase in those wars and conflicts every day and new violations every day.

Keywords: war, freedom, human rights, international law

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4476 The Role of State Practices and Custom in Outer Space Law

Authors: Biswanath Gupta, Raju Kd

Abstract:

Space law is the new entry in the basket of international law in the latter half of the 20th Century. In the last hundred and fifty years, courts and scholars developed a consensus that, the custom is an important source of international law. Article 38(1) (b) of the statute of the International Court of Justice recognized international custom as a source of international law. State practices and usages have a greater role to play in formulating customary international law. This paper examines those state practices which can be qualified to become international customary law. Since, 1979 (after Moon Treaty) no hard law have been developed in the area of space exploration. It tries to link between state practices and custom in space exploration and development of customary international law in space activities. The paper uses doctrinal method of legal research for examining the current questions of international law. The paper explores different international legal documents such as General Assembly Resolutions, Treaty principles, working papers of UN, cases relating to customary international law and writing of jurists relating to space law and customary international law. It is argued that, principles such as common heritage of mankind, non-military zone, sovereign equality, nuclear weapon free zone and protection of outer space environment, etc. developed state practices among the international community which can be qualified to become international customary law.

Keywords: customary international law, state practice, space law, treaty

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4475 Identifying Reforms Required in Construction Contracts from Resolved Disputed Cases

Authors: K. C. Iyer, Yogita Manan Bindal, Sumit Kumar Bakshi

Abstract:

The construction industry is plagued with disputes and litigation in India with many stalled projects seeking dispute resolution. This has an adverse effect on the performance and overall project delivery and impacts future investments within the industry. While construction industry is the major driver of growth, there has not been major reforms in the government construction contracts. The study is aimed at identifying the proactive means of dispute avoidance, focusing on reforms required within the construction contracts, by studying 49 arbitration awards of construction disputes. The claims presented in the awards are aggregated to study the causes linked to the contract document and are referred against the prospective recommendation and practices as surveyed from literature review of research papers. Within contract administration, record keeping has been a major concern as they are required by the parties to substantiate the claims or the counterclaims and therefore are essential in any dispute redressal process. The study also observes that the right judgment is inhibited when the record keeping is improper and due to lack of coherence between documents, the dispute resolution period is also prolonged. The finding of the research will be relevant to industry practitioners in contract drafting with a view to avoid disputes.

Keywords: construction contract, contract administration, contract management, dispute avoidance

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4474 An Extended Eclectic Paradigm of Dunning: Impact of New International Business Processes

Authors: D. De Matías Batalla

Abstract:

This paper develops and extended eclectic paradigm to fit the firm internationalization process with the real international business world. The approach is based on Dunning´s, introducing new concepts like mode of entry, international joint venture o international mergers and acquisitions. At the same time is presented a model to describe the Spanish international mergers and acquisitions in order to determinate the most important factor that influence in this type of foreign direct investment.

Keywords: dunning, eclectic paradigm, foreign direct investment, IJV, international business, international management, multinational firms, firm internationalization process, M&A

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4473 A Smart Contract Project: Peer-to-Peer Energy Trading with Price Forecasting in Microgrid

Authors: Şakir Bingöl, Abdullah Emre Aydemir, Abdullah Saado, Ahmet Akıl, Elif Canbaz, Feyza Nur Bulgurcu, Gizem Uzun, Günsu Bilge Dal, Muhammedcan Pirinççi

Abstract:

Smart contracts, which can be applied in many different areas, from financial applications to the internet of things, come to the fore with their security, low cost, and self-executing features. In this paper, it is focused on peer-to-peer (P2P) energy trading and the implementation of the smart contract on the Ethereum blockchain. It is assumed a microgrid consists of consumers and prosumers that can produce solar and wind energy. The proposed architecture is a system where the prosumer makes the purchase or sale request in the smart contract and the maximum price obtained through the distribution system operator (DSO) by forecasting. It is aimed to forecast the hourly maximum unit price of energy by using deep learning instead of a fixed pricing. In this way, it will make the system more reliable as there will be more dynamic and accurate pricing. For this purpose, Istanbul's energy generation, energy consumption and market clearing price data were used. The consistency of the available data and forecasting results is observed and discussed with graphs.

Keywords: energy trading smart contract, deep learning, microgrid, forecasting, Ethereum, peer to peer

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4472 Leveraging NFT Secure and Decentralized Lending: A Defi Solution

Authors: Chandan M. S., Darshan G. A., Vyshnavi, Abhishek T.

Abstract:

In the evolving world of technology and digital assets, non-fungible tokens (NFTs) have emerged as the latest advancement. These digital assets represent ownership of intangible items and hold significant value. Unlike cryptocurrencies, like Ethereum or Bitcoin, NFTs cannot be exchanged due to their nature. Each NFT has an indivisible value. NFTs not only pave the way for financial services but also open up fresh opportunities for creators, buyers and artists. To revolutionize financing in the DeFi space, this proposed approach utilizes NFTs generated from digital arts. By eliminating intermediaries, this innovative method ensures trust and security in transactions. The idea entails automating borrower-lender interactions through contracts while securely storing data using blockchain technology. Borrowers can obtain funding by leveraging assets such as estate, artwork and collectibles that are often illiquid. The key component of this system is contracts that independently execute lending agreements and collateral transfers within predefined parameters. By leveraging the Ethereum blockchain, this project aims to provide consumers with access to a platform offering a wide range of financial services. The demonstration illustrates how NFT lending and borrowing is managed through contracts, providing a secure and trustworthy transaction environment.

Keywords: blockchain, defi, NFT, ethereum, marketplace

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4471 Intellectual Property Rights Reforms and the Quality of Exported Goods

Authors: Gideon Ndubuisi

Abstract:

It is widely acknowledged that the quality of a country’s export matters more decisively than the quantity it exports. Hence, understanding the drivers of exported goods’ quality is a relevant policy question. Among other things, product quality upgrading is a considerable cost uncertainty venture that can be undertaken by an entrepreneur. Once a product is successfully upgraded, however, others can imitate the product, and hence, the returns to the pioneer entrepreneur are socialized. Along with this line, a government policy such as intellectual property rights (IPRs) protection which lessens the non-appropriability problem and incentivizes cost discovery investments becomes both a panacea in addressing the market failure and a sine qua non for an entrepreneur to engage in product quality upgrading. In addendum, product quality upgrading involves complex tasks which often require a lot of knowledge and technology sharing beyond the bounds of the firm thereby creating rooms for knowledge spillovers and imitations. Without an institution that protects upstream suppliers of knowledge and technology, technology masking occurs which bids up marginal production cost and product quality fall. Despite these clear associations between IPRs and product quality upgrading, the surging literature on the drivers of the quality of exported goods has proceeded almost in isolation of IPRs protection as a determinant. Consequently, the current study uses a difference-in-difference method to evaluate the effects of IPRs reforms on the quality of exported goods in 16 developing countries over the sample periods of 1984-2000. The study finds weak evidence that IPRs reforms increase the quality of all exported goods. When the industries are sorted into high and low-patent sensitive industries, however, we find strong indicative evidence that IPRs reform increases the quality of exported goods in high-patent sensitive sectors both in absolute terms and relative to the low-patent sensitive sectors in the post-reform period. We also obtain strong indicative evidence that it brought the quality of exported goods in the high-patent sensitive sectors closer to the quality frontier. Accounting for time-duration effects, these observed effects grow over time. The results are also largely consistent when we consider the sophistication and complexity of exported goods rather than just quality upgrades.

Keywords: exports, export quality, export sophistication, intellectual property rights

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4470 Power, Pluralism, and History: Norms in International Societies

Authors: Nicole Cervenka

Abstract:

On the question of norms in international politics, scholars are divided over whether norms are a tool for power politics or a genuine reflection of an emergent international society. The line is drawn between rationalism and idealism, but this dialectical relationship needs to be broken down if we hope to come to a comprehensive understanding of how norms play out in international society. The concept of an elusive international society is a simplification of a more pluralistic, cosmopolitan, and diverse collection of international societies. The English School effectively overcomes realist-idealist dichotomies and provides a pluralistic, comprehensive explanation and description of international societies through its application to two distinct areas: human rights as well as security and war. We argue that international norms have always been present in human rights, war, and international security, forming international societies that can be complimentary or oppositional, beneficial or problematic. Power politics are present, but they can only be regarded as partially explanatory of the role of norms in international politics, which must also include history, international law, the media, NGOs, and others to fully represent the normative influences in international societies. A side-by-side comparison of international norms of war/security and human rights show how much international societies converge. World War II was a turning point in terms of international law, these forces of international society have deeper historical roots. Norms of human rights and war/security are often norms of restraint, guiding appropriate treatment of individuals. This can at times give primacy to the individual over the sovereign state. However, state power politics and hegemony are still intact. It cannot be said that there is an emergent international society—international societies are part of broader historical backdrops. Furthermore, states and, more generally, power politics, are important components in international societies, but international norms are far from mere tools of power politics. They define a more diverse, complicated, and ever-present conception of international societies.

Keywords: English school, international societies, norms, pluralism

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4469 Arbitration in Foreign Investment: The Need for Equitable Treatment between the Investor and the Host State

Authors: Maria João Mimoso, Bárbara Magalhães Bravo

Abstract:

This study aims to analyse the phenomenon of arbitration as a paradigm in solving emerging controversies of foreign investment. We will present their benefits and demonstrate their contribution to greater legal certainty in economic relations. This article explores the legal relevant concepts under a strictly conceptual methodology, preparing future research to be developed under more developed comparative law methodologies. The review of national and international literature and jurisprudence will reveal the importance of arbitration in the field of international economic relations, presenting it as an alternative dispute resolution. Globalization imposes new forms of investment protection and appeals to other forms of dispute settlement, primarily to prevent, among other problems, the possible bias of the recipient country's investment tribunals. Characterization of foreign investment, its regulatory sources, their characteristics and the need for intervention of an entity capable of resolving disputes between the parties involved: State investor reception; Investor (of a nationality other than the latter); State of the investor's nationality, and sometimes a ‘subsidiary’ local foreign investor. The ICSID (International Settlement of Investment Disputes) arbitration as a means of resolving investment litigations covered by bilateral treaties (BIT) and investment contracts calls for a delimitation of these two figures in order to clarify the scope of the arbitration under the aegis of the World Bank and to make it more secure in the view of the sovereign power of the States.

Keywords: arbitration, contract, foreign, investment, disputes

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4468 The Risk of Prioritizing Management over Education at Japanese Universities

Authors: Masanori Kimura

Abstract:

Due to the decline of the 18-year-old population, Japanese universities have a tendency to convert their form of employment from tenured positions to fixed-term positions for newly hired teachers. The advantage of this is that universities can be more flexible in their employment plans in case they fail to fill the enrollment of quotas of prospective students or they need to supplement teachers who can engage in other academic fields or research areas where new demand is expected. The most serious disadvantage of this, however, is that if secure positions cannot be provided to faculty members, there is the possibility that coherence of education and continuity of research supported by the university cannot be achieved. Therefore, the question of this presentation is as follows: Are universities aiming to give first priority to management, or are they trying to prioritize educational and research rather than management? To answer this question, the author examined the number of job offerings for college foreign language teachers posted on the JREC-IN (Japan Research Career Information Network, which is run by Japan Science and Technology Agency) website from April 2012 to October 2015. The results show that there were 1,002 and 1,056 job offerings for tenured positions and fixed-term contracts respectively, suggesting that, overall, today’s Japanese universities show a tendency to give first priority to management. More detailed examinations of the data, however, show that the tendency slightly varies depending on the types of universities. National universities which are supported by the central government and state universities which are supported by local governments posted more job offerings for tenured positions than for fixed-term contracts: national universities posted 285 and 257 job offerings for tenured positions and fixed-term contracts respectively, and state universities posted 106 and 86 job offerings for tenured positions and fixed-term contracts respectively. Yet the difference in number between the two types of employment status at national and state universities is marginal. As for private universities, they posted 713 job offerings for fixed-term contracts and 616 offerings for tenured positions. Moreover, 73% of the fixed-term contracts were offered for low rank positions including associate professors, lectures, and so forth. Generally speaking, those positions are offered to younger teachers. Therefore, this result indicates that private universities attempt to cut their budgets yet expect the same educational effect by hiring younger teachers. Although the results have shown that there are some differences in personal strategies among the three types of universities, the author argues that all three types of universities may lose important human resources that will take a pivotal role at their universities in the future unless they urgently review their employment strategies.

Keywords: higher education, management, employment status, foreign language education

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4467 The Targeted Killing of Soleimani between International Law and US Domestic Law

Authors: Mohammad Yousef

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The issue of targeted killing has become a part of modern international law topics, as its spread has been accompanied by the technological development of weapons and military equipment, especially armed drones. Until now, there is no specific definition or legal framework for targeted killing in international law, and the issue of its compatibility with international law is still subject to debate and controversy. The case of the targeted killing of General Qassem Soleimani sparked waves of reactions and discussions between legal scholars and US officials in an argument about the legality of killing him in the light of international law rules and US domestic law. This paper firstly discusses the legality of targeted killing in international law and US domestic law; after that, it studies the legal bases and the legal system that governs these operations, while in the second section, it sheds light on the case of Soleimani’s targeted killing in light of international law and US domestic law, by examining the different views of jurists in this regard.

Keywords: targeted killing, international law, US domestic law, Qassem Soleimani

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4466 International Comparison in Component of Design-Potential

Authors: Kazuko Sakamoto

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It is difficult to explain the factor of design preference only in culture or a geographical environment. It is necessary to turn one's eyes also to the factor in an individual. The purpose of this research is to clarify design potential which is inherent in consumers. Design potential is the consciousness and interpretation to an individual design. That is, it catches quantitatively the preparatory state which faces design. For example, a mobile phone differs in designs, such as a color and a form, by the country or the area. It is considered because a regional consumer taste exists. The root is design potential. This consists of design participation, design knowledge, and design sensitivity. Having focused this time is by design sensitivity, and international comparison of the Netherlands, Bangladesh, China, and Japan was performed. As a result, very interesting finding has been derived. For example, although Bangladesh caught the similarity of goods by the color, other three nations were caught in the form. Moreover, although the Netherlands, Bangladesh, and China liked symmetry, only Japan liked asymmetry. This shows that history and a cultural background have had big influence to the design.

Keywords: design-potential, cultural difference, form characteristic, product development

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4465 A Comparative Study of Insurance Policies Worldwide in Public Private Partnerships

Authors: Guanqun Shi, Xueqing Zhang

Abstract:

The frequent occurrence of failures in PPP projects which caused great loss has raised attention from the government as well as the concessionaire. PPPs are complex arrangements for its long operation period and multiple players. Many types of risks in PPP projects may cause the project fail. The insurance is an important tool to transfer the risks. Through a comparison and analysis of international government PPP guidelines and contracts as well as the case studies worldwide, we have identified eight main insurance principles, discussed thirteen insurance types in different stages. An overall procedure would be established to improve the practices in PPP projects.

Keywords: public private partnerships, insurance, contract, risk

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4464 Programmatic Actions of Social Welfare State in Service to Justice: Law, Society and the Third Sector

Authors: Bruno Valverde Chahaira, Matheus Jeronimo Low Lopes, Marta Beatriz Tanaka Ferdinandi

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This paper proposes to dissect the meanings and / or directions of the State, in order, to present the State models to elaborate a conceptual framework about its function in the legal scope. To do so, it points out the possible contracts established between the State and the Society, since the general principles immanent in them can guide the models of society in force. From this orientation arise the contracts, whose purpose is by the effect to modify the status (the being and / or the opinion) of each of the subjects in presence - State and Society. In this logic, this paper announces the fiduciary contracts and “veredicção”(portuguese word) contracts, from the perspective of semiotics discourse (or greimasian). Therefore, studies focus on the issue of manifest language in unilateral and bilateral or reciprocal relations between the State and Society. Thus, under the biases of the model of the communicative situation and discourse, the guidelines of these contractual relations will be analyzed in order to see if there is a pragmatic sanction: positive when the contract is signed between the subjects (reward), or negative when the contract between they are broken (punishment). In this way, a third path emerges which, in this specific case, passes through the subject-third sector. In other words, the proposal, which is systemic in nature, is to analyze whether, since the contract of the welfare state is not carried out in the constitutional program on fundamental rights: education, health, housing, an others. Therefore, in the structure of the exchange demanded by the society according to its contractual obligations (others), the third way (Third Sector) advances in the empty space left by the State. In this line, it presents the modalities of action of the third sector in the social scope. Finally, the normative communication organization of these three subjects is sought in the pragmatic model of discourse, namely: State, Society and Third Sector, in an attempt to understand the constant dynamics in the Law and in the language of the relations established between them.

Keywords: access to justice, state, social rights, third sector

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4463 Consumers' Awareness, Knowledge, and Perception towards Goods and Services Tax in India

Authors: Harjinder Kaur

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GST was implemented by government with the expectation to reform the taxation system of India. So this study basically seeks to understand the consumers’ awareness, knowledge and perception about the implementation of GST. To conduct this study, 100 respondents of all demographic profile were randomly selected from the Punjab region of India. To investigate the relationship between demographic profile and level of awareness and knowledge about GST, one way ANOVA test was used and it is found that there is a significant relationship between gender, age and qualification and level of awareness and knowledge. Furthermore, due to the lack of information on GST, the respondents had a high negative perception. The study also reveals that the implementation of GST has resulted in higher prices for goods and services and thus this tax may cause burden to people. Also after implementation of GST financial issues such as inflation, rising cost of living, economic instability have impacted many Indian consumers in terms of their spending. But at the same time it is also perceived that GST is designed to remove the burden of many indirect taxes and aims to develop the more efficient tax system which increases the revenue of country.

Keywords: goods and service tax, consumers awareness, knowledge, perception

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4462 A Decentralized Application for Secure Data Handling of Wireless Networks Using Ethereum Smart Contracts

Authors: Midhun Xavier

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This paper introduces a method to verify multi-agent systems in industrial control systems using blockchain technology. The proposed solution enables to record and verify each process that occurs while generating a customized product using Ethereum-based smart contracts. Node-Red software agents are developed with the help of semantic web technologies, and these software agents interact with IEC 61499 function blocks to execute the processes. The agent associated with each mechatronic component and its controller can communicate with the blockchain to record various events that occur during each process, and the latter smart contract helps to verify these process orders of the customized product.

Keywords: blockchain, Ethereum, node-red, IEC 61499, multi-agent system, MQTT

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4461 When Food Cultures Meet: The Fur Trade Era on the North American Plains

Authors: C. Thomas Shay

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When cultures meet, so do their foods. Beginning in the seventeenth century, European explorers, missionaries and fur traders entered the North American Great Plains, bringing with them deadly weapons, metal tools and a host of trade goods. Over time, they also brought barrels of their favorite comestibles—even candied ginger. While Indigenous groups actively bartered for the material goods, there was limited interest in European foods, mainly because they possessed a rich cuisine of their own.

Keywords: native Americans, europeans, great plains, fur trade, food

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4460 Risk Analysis in Road Transport of Dangerous Goods Using Complex Multi-Criteria Analysis Method

Authors: Zoran Masoničić, Siniša Dragutinović, Ivan Lazović

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In the management and organization of the road transport of dangerous goods, in addition to the existing influential criteria and restrictions that apply to the road transport in general, it is necessary to include an additional criteria related to the safety of people and the environment, considering the danger that comes from the substances being transported. In that manner, the decision making process becomes very complex and rather challenging task that is inherent to the application of complex numerical multi-criteria analysis methods. In this paper some initial results of application of complex analysis method in decision making process are presented. Additionally, the method for minimization or even complete elimination of subjective element in the decision making process is provided. The results obtained can be used in order to point the direction towards some measures have to be applied in order to minimize or completely annihilate the influence of the risk source identified.

Keywords: road transport, dangerous goods, risk analysis, risk evaluation

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4459 International Criminal Prosecution and Core International Crimes

Authors: Ikediobi Lottanna Samuel

Abstract:

Days are gone when perpetrators of core international crimes hide under the cloak of sovereignty to go with impunity. The principle of international criminal responsibility is a reality. This move to end impunity for violation of human rights has led to the creation of international and hybrid tribunals, a permanent international criminal court, and increased prosecution of human rights violations in domestic courts. This article examines the attempts by the international community to bring perpetrators of heinous crimes to book. The work reveals the inadequacy of the current international mechanism for prosecuting core international crimes in order to end the culture of impunity and entrench the culture of accountability. It also identifies that ad hoc international criminal tribunals and the international criminal court face similar challenges ranging from lack of cooperation by nation states, non-existence of hierarchy of crimes, lack of effective enforcement mechanism, limited prosecutorial capacity and agenda, difficulty in apprehending suspects, difficulty in blending different legal tradition, absence of a coherent sentencing guideline, distant location of courts, selective indictment, etc. These challenges adversely affect the functioning of these courts. It is suggested that a more helpful way to end impunity would be to have a more robust and synergistic relationship between national, regional, and international approaches to prosecuting core international crimes.

Keywords: prosecution, criminal, international, tribunal, justice, ad hoc

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4458 The Doctrine of Military Necessity under Customary International Law: A Breach of International Humanitarian Law

Authors: Uche A. Nnawulezi

Abstract:

This paper examines an essential and complex part of International humanitarian law standards of military necessity. Military necessity is an unpredictable phenomenon. The unpredictability of this regulation likewise originates from the fact that is one of the most fundamental, yet most misjudged and distorted standards of international law of armed conflict. This rule has been censured as essentially wrong in light of its non-compliance with the principles of international humanitarian law in recent past. The author noted in this study that military necessity runs counter to humanitarian exigencies. These have generated debate among researchers for them to propose that for international law to be considered more important, it is indispensable that the procedures and substance of custom be illuminated and made accessible to every one of the individuals who may utilize it or be influenced by it. However, a significant number of analysts have attributed particular weaknesses to this doctrine. This study relied on both primary and secondary sources of data collection. Significantly, the recommendation made in this paper, if completely adopted, shall go a long way in guaranteeing a better application of the principles of international humanitarian law.

Keywords: military necessity, international law, international humanitarian law, customary law

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4457 Scientific Forecasting in International Relations

Authors: Djehich Mohamed Yousri

Abstract:

In this research paper, the future of international relations is believed to have an important place on the theoretical and applied levels because policy makers in the world are in dire need of such analyzes that are useful in drawing up the foreign policies of their countries, and protecting their national security from potential future threats, and in this context, The topic raised a lot of scientific controversy and intellectual debate, especially in terms of the extent of the effectiveness, accuracy, and ability of foresight methods to identify potential futures, and this is what attributed the controversy to the scientific foundations for foreseeing international relations. An arena for intellectual discussion between different thinkers in international relations belonging to different theoretical schools, which confirms to us the conceptual and implied development of prediction in order to reach the scientific level.

Keywords: foresight, forecasting, international relations, international relations theory, concept of international relations

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4456 Cybercrime: International Police Cooperation with Europol

Authors: Daniel Suarez Alonso

Abstract:

Cybercrime is a growing international threat and a challenge for law enforcement agencies and judicial systems worldwide. International cooperation is necessary to solve this problem because cybercrime knows no borders and often involves multiple jurisdictions, being related to organised crime. The purpose of this article is to analyse international cooperation in the investigation and prosecution of cybercrime, focusing on the framework of the Regulation of the European Union Agency for Law Enforcement Cooperation (EUROPOL), cooperation that takes place between police authorities from different countries. It examines the legal and operational mechanisms in place to facilitate international cooperation in Europe in this area and assesses their effectiveness in the fight against cybercrime. In addition, the study of a Spanish investigation where cooperation with EUROPOL took place will be examined, analyzing how international cooperation was carried out to investigate and track down criminals. Lessons learned from this case will be discussed and recommendations for improving international cooperation in the fight against cybercrime will be proposed.

Keywords: Europol, international cooperation, cybercrime, computer crime, law

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4455 An Empirical Study of the Moderation Effects of Commitment, Trust, and Relationship Value in the Relation of Goods and Services Related to Business to Business Brand Images on Customer Loyalty

Authors: Jorge Luis Morales Romero, Enrique Murillo Othón

Abstract:

Business to business (B2B) relationships generally go beyond a purely profit-based result, with firms seeking to maintain a relationship for many years because a breakup or getting a new supplier can be very costly. Therefore, identifying the factors which determine a successful relationship in the long term is of great interest to companies. That is why their reputation and the brand image that customers have of them are among the main factors that can achieve a successful relationship; Because of the positive effect which is driven by the client’s loyalty. Additionally, the perception that a customer may have about a brand is different when it is related to goods or to services. Thereby, they create in their minds their own brand image of it based on the past experiences they have had; Thus, a positive relationship is established between goods-related brand image, service-related brand image, and customer loyalty. The present investigation examines the boundary conditions of said relationship by testing the moderating effects of trust, commitment, and relationship value in a B2B environment. All the variables were tested independently as moderators for service-related brand image/loyalty and for goods-related brand image/loyalty, as they are assumed to be separate variables. Survey data was collected through interviews with customers that have both a product-buying relationship and a service relationship with a global B2B brand of healthcare equipment operating in the Mexican healthcare market. Interviewed respondents were either the user or the purchasing manager and/or the responsible for the equipment maintenance for the customer organization. Hence, they were appropriate informants regarding the B2B relationship with this healthcare brand. The moderation models were estimated using the PROCESS macro for the Statistical Package for the Social Sciences Software (SPSS). Results show statistical evidence that both Relationship Value and Trust are significant moderators for the service-related brand image/loyalty relation but not significant for the goods-related brand/loyalty relation. On the other hand, Commitment results in a significant moderator for the goods-related brand/loyalty relation but is not significant for the service-related brand image/loyalty relation.

Keywords: commitment, trust, relationship value, loyalty, B2B, moderator

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4454 An Analysis of the Efficacy of Criminal Sanctions in Combating Cartel Conduct: The Case of South Africa

Authors: S. Tavuyanago

Abstract:

Cartels within the international competition law framework have been dubbed the most egregious of competition law violations; this is because they entail a concerted effort by two or more competitor firms to knowingly ‘rob’ consumers of their welfare through their cooperation instead of competition. The net effect of cartel conduct is that the market is distorted as the colluding firms gain enough market power to constrain the supply of goods or services, ultimately driving up prices. As a result, consumers end up paying inflated prices for goods and services, which eventually affects their welfare. It is against this backdrop that competition authorities worldwide have mounted a robust fight against the proliferation of cartels. In South Africa, the fight against cartels saw an amendment to the Competition Act to allow for criminal prosecution of individuals who cause their firms to take part in cartels. The Competition Amendment Act 1 of 2009 introduced section 73A into the principal Competition Act, making it a criminal offence to engage in cartel conduct. This paper assesses the rationale for criminalisation of cartel conduct, discusses the challenges or potential challenges associated with criminalisation, and provides an evaluation of the efficacy of criminalisation of cartel conduct. It questions whether criminal sanctions for cartel conduct as a competition enforcement tool aimed at deterring such conduct are generally effective and whether they have been effective in South Africa specifically. It concludes by offering recommendations on how to effectively root out cartels.

Keywords: cartels, criminalisation, competition, deterrence, South Africa

Procedia PDF Downloads 99