Search results for: transnational law

Authors: Invernizzi Agostina

Abstract:

From the 1930s, it is possible to find a phenomenon that persists through to the sixties in the national filmographies of different southern latitudes (Spain, Mexico, Argentina): the proliferation of ensemble films of groups of women who serve base to elaborate broader social conflicts and to construct imaginaries of the nation and of genders. This paper will address the modes of figuration of some affective imaginaries among women where the forms of sociability and the bonds of sisterhood are determined by the spaces in which the women are grouped. In these films, there are forms of affectivity that dispute the meanings of the patriarchal order of the time. One of the hypotheses is that these films formulate communities of women that carry out a reconfiguration of affective and transnational spaces. This research presents a multidisciplinary approach that simultaneously combines film and audiovisual studies, gender studies, decolonial feminist theories, and affects theories. The study of this phenomenon will provide us with keys for articulating with current problematics, such as the genealogies of women's movements, of which the cinema offers echoes and is a privileged medium for reflection and social change, as well as the international contact flows between these three geographical points, their migratory processes and cultural exchanges, transnationalism and integration.

Keywords: affects, feminisms, film studies, gender

Procedia PDF Downloads 107

Authors: Pascual García, Francisco Ochoa, Jessica Ordoñez

Abstract:

The links between migration and development have been widely written and analyzed from different perspectives. However, the nexus between entrepreneurship and migration is of recent interest. The different studies related to this have focused on the ventures of ethnic enclaves, or on transnational businesses, which link the community of origin and destination. Beyond this perspective, this work analyzes the return migration, (a few studies until now, but forming part of a theoretical body of migration). As a result of the European crisis started between 2007-2008. Many Ecuadorians who lived in Europe, decided to return to their place of origin. The rise of the price of the oil and commodities presented a better panorama in Ecuador than in Europe. Faced with the magnitude of returnees, the opportunities for entrepreneurship in Ecuador increased (Accumulation of human capital, social capital, learned skills and capital). Thus there is an interest in the possibility of returned migrants in the country to start a business in their place of origin. The following study is the result of this. A survey of 110 returned migrants was carried out in the south of Ecuador and, using a Probit econometric model, we determined that the variables specified as geographic area, sex, education level are not significant, so they are not determinant when undertaking. However, time abroad and skills learned, if they were significant at the time of the decision to start a business.

Keywords: entrepreneurship, development, migration, returned migration

Procedia PDF Downloads 210

Authors: Okikiola Olusanu

Abstract:

Power dynamics, one of the lasting effects of the legacies of coloniality, left an indelible scar on our identity and space. This structure ensures a system that deliberately slows down the pace of the colonizer, either within her space or while traveling the world of the colonizer. The politics of oppression through the intersection of race, gender, class, and sex empowers the ideology of sameness and difference. This ideology regulates and sustains the borderlines of the colonizers’ space. Sociologists, anti-colonialists, and feminist theorists have argued that the restrictions that the colonized experience while traveling to the space of the colonizers can be interpreted as an inter-body war that reinforces gender, class, and race inequalities. To foster belonging and accessibility, this study examines the effect of colonial legacy restrictions on traveling. This paper aims to deconstruct the coloniality of knowledge, space, and body for a transnational and decolonial identity transcending borders. it argue that borders are intentionally constructed to keep the other at a significant distance, like identity. We deduce that travel restriction is antibody because the pace is slow, and access is limited. For the analysis of this study, this study examines how the perception of the body of the colonizer influence her travail when traveling to and through the space of the ex-colonizer and the measures necessary for the decolonization of knowledge, space and body. Our interest is not in moving physical borders from space, it is rather in decolonizing the mind that create systematic, social, and political borders.

Keywords: space, body, travel, identity

Procedia PDF Downloads 19

Authors: Ghzlan Mahmoud Abdel Aziz

Abstract:

This case study aims to identify the intrastate conflicts between the nation state and armed groups. Nowadays, most wars weaken states against armed groups. Thus, it is very important to negotiate with such groups in order to reinforce the law for the protection of victims. These armed groups are the cause of conflicts and they are related with many of humanitarian issues that result out of conflicts. In this age of rivalry; terrorists, insurgents, or transnational criminal parties have surfaced to the top as a reaction to these armed groups in an effort to set up a new world order. Moreover, the intra state conflicts became increasingly treacherous than the interstate conflicts, particularly when nation state systems deal with armed groups which try to influence the state. The unexpected upraising of the Arab Spring during 2011 in parts of the Middle East and North Africa formed various patterns of conflicts. The events of the Arab Spring resulted in current and long term change across the region. Significant modifications in the level, strength and period of armed conflict around the world have been made. Egypt was in the center of these events. It has fought back the armed groups under the name of terrorism and spread common disorder and violence among civilians. On this note, this study focuses on the problem of the transformation in the methods of organized violence within one state rather than between two state or more and analyzes the objectives, strategies, and internal composition of armed groups and the environments that foster them, with a focus on the Egyptian case.

Keywords: armed groups, conflicts, Egyptian armed forces, intrastate conflicts

Procedia PDF Downloads 458

Authors: Olivia Martina Dalla Torre

Abstract:

The aim of this paper is to describe and analyse some urban writings that emerge in politically disputed areas, namely the Occupied Palestinian Territories, and more specifically in Deheishe refugee camp. These graffiti are visible on the walls of houses, all around the camp, and they convey messages of protest but also of hope or claim about the complex political situation in the occupied territories. These graffiti can be then interpreted as political and politicized semiotic resources. In this paper, after having introduced the political situation of the Palestinian Territories in a historical perspective, we will question a specific dimension of these writings, i.e., their multilingual and ideological aspect. To do this, we will focus on ethnographic fieldwork on Deheishe refugee camp and we will draw on the theoretical framework of the critical communication studies which assert that language practices are not neutral and that they need to be understood through the lens of the historical context of production, crossing space and time. By analysing the relationship between the discursive constructions of the messages and the languages used, we will point out some of the possible reasons and functions of the presence of these multilingual discursive productions. We will show that if, on the one hand, these graffiti confirm the huge presence of Western actors in the region, on the other hand, they attest the presence of an international movement against the Israeli occupation and against other struggles as well. Concluding, we will argue that multilingualism certainly represents a diversification of the linguistic landscape and that it gives a transnational and political dimension to the graffiti.

Keywords: communication, graffiti, multilingualism, Palestine, transnationalism

Procedia PDF Downloads 184

Authors: Immanuel Darkwa

Abstract:

Climate change and environmental degradation are existential threats requiring urgent transnational action. The SDGs, as well as regional initiatives the like European Green Deal, as ambitious as they are, put an emphasis on innovatively tackling threats posed by climate change regionally. While co-creational approaches are being propagated, there is no reference blueprint for how potential solutions, particularly nature-based solutions, may be developed and implemented within urban-settings. Using a single case study in Zagreb, Croatia, this paper proposes a workshop-tool for a Living Lab as a Service model for sustainable Nature-Based-Thinking, Nature–Centred-Design and Nature based solutions. The approach is based on a co-creational methodology developed through literature synthesis, expert interviews, focus group discussions, surveys and synthesized through rigorous research analysis and participatory observation. The ensuing tool involves workshop-processes, tested with through-the-process identified stakeholders with distinctive roles and functions. The resulting framework proposes a Nature-Based-Centred-Thinking process tool involving ‘green’ routines supported by a focal unit and a collaborative network, and that allows for the development of nature-based solutions.

Keywords: living labs, nature-based solutions, nature- based design, innovation processes, innovation routines and tools

Procedia PDF Downloads 75

Authors: Pikria Vardosanidze

Abstract:

This presentation entitled ”Higher Education Quality Culture – Case Study: Georgia”is concerned with an urgent and crucial issue. Located at the crossroads of Europe and Asia, Georgia is a transnational, post-soviet country. And it is conditioned the peculiarity of our education system. Higher education in Georgia has an extensive history and a challenging period of development consisting of several phases, especially noteworthy of which are 1918 and 1991, marking there storation of Georgia’s independence. Georgia joined the Bologna Process in 2005. Given its geopolitical location, Georgian culture has developed, and still pursues the path of development against the background of the Western and Eastern cultures. Furthermore, socio-politically and culturally, it represents part of Europe. It is of particular interest how post-Soviet states develop in terms of education. What is the path to the European integration for Georgia as a post-Soviet country? How developed is the higher education quality culture in Georgia? And, what should be done in the future? It is important to answer these questions. The research carried out in the field of education is characterized by a certain specificity as does the post-colonial research. The field of education contributes to the development of democratic society as well as to the European integration, the Eastern Partnership and so on. What is crucial for the educational system, apart from transparency and democratization, is the improvement of the quality of education which is one of the most powerful tools dictating the need for a doctoral research as such. As for the research method, the comparative method of research, and the qualitative research are applied.

Keywords: internationalization, higher education, policies, Georgia

Procedia PDF Downloads 100

Authors: Sonja Gögele, Petra Kletzenbauer

Abstract:

International strategies are ranked as one of the core activities in the development plans of Austrian universities. This has led to numerous promising activities in terms of internationalization (i.e. development of international degree programmes, increased staff and student mobility, and blended international projects). The latest innovative approach in terms of Erasmus+ are so called Blended Intensive Programmes (BIP) which combine jointly delivered teaching and learning elements of at least three participating ERASMUS universities in a virtual and short-term mobility setup. Students who participate in BIP can maintain their study plans at their home institution and include BIP as a parallel activity. This paper presents the experiences of this programme on the topic of sustainable computing hosted by the University of Applied Sciences FH JOANNEUM. By means of an online survey and face-to-face interviews with all stakeholders (20 students, 8 professors), the empirical study addresses the challenges of hosting an international blended learning programme (i.e. virtual phase and on-site intensive phase) and discusses the impact of such activities in terms of internationalization and Englishization. In this context, key roles are assigned to the development of future transnational and transdisciplinary curricula by considering innovative aspects for learning and teaching (i.e. virtual collaboration, research-based learning).

Keywords: internationalization, englishization, short-term mobility, international teaching and learning

Procedia PDF Downloads 120

Authors: Emmanuel Anim

Abstract:

Ghana has been touted as an oasis of peace in Africa following her relatively peaceful democratic elections, proliferated number of the media, and freedom of speech. Besides, the former Gold Coast country is yet to experience any major incidence of terrorism. Nevertheless, the somewhat occasional simmering violence and conflicts arising from political, religious and chieftaincy skirmishes, largely at its northern part portrays that it is not immune to the political violence of terrorism. The predominantly-based qualitative research reveals that current conditions of socio-politico-economic, and religious issues in Ghana places the West African country on the possible sidelines of the phenomenon of terrorism, when its status quo is juxtaposed with the factors enumerated to have culminated in the rise of Boko Haram, and its accompanying insurgency in Nigeria. Arguing from the perspective of the theory of Social Movement, the analyses and discussions note that the current state of affairs in Ghana could foster domestic terrorism in the country. What is more, the research shows that Ghana faces threats from transnational terrorism given the tendency for elements in Ghana to sympathize and subscribe to the ideological dictates and appeals from Boko Haram and other terrorist organizations. As a consequence, the study recommends that adverse conditions of poverty, poor governance, unemployment, and rising levels of (Islamic) religious radicalization should be remedied by economic improvements, good governance, job creation, and de-radicalization programs by government officials to aid mitigate the incidence of terrorism in the country.

Keywords: Boko Haram, Ghana, Nigeria, terrorism

Procedia PDF Downloads 427

Authors: Barrere Sarah

Abstract:

The area of liberty, security, and justice within the European Union is still a work in progress. No one can deny that the EU struggles between a monistic and a dualist approach. The aim of our essay is to first review how the European law is perceived by the rest of the international scene. It will then discuss two main mechanisms at play: the interpretation of larger international treaties and the penal mechanisms of European law. Finally, it will help us understand the role of a penal Europe on the international scene with concrete examples. Special attention will be paid to cases that deal with fundamental rights as they represent an interesting case study in Europe and in the rest of the World. It could illustrate the aforementioned duality currently present in the Union’s interpretation of international public law. On the other hand, it will explore some specific European penal mechanism through mutual recognition and the European arrest warrant in the transnational criminality frame. Concerning the interpretation of the treaties, it will first, underline the ambiguity and the general nature of some treaties that leave the EU exposed to tension and misunderstanding then it will review the validity of an EU act (whether or not it is compatible with the rules of International law). Finally, it will focus on the most complete manifestation of liberty, security and justice through the principle of mutual recognition. Used initially in commercial matters, it has become “the cornerstone” of European construction. It will see how it is applied in judicial decisions (its main event and achieving success is via the European arrest warrant) and how European member states have managed to develop this cooperation.

Keywords: European penal law, international scene, liberty security and justice area, mutual recognition

Procedia PDF Downloads 407

Authors: Louiza C. Duncker, Duarte Gonçalves

Abstract:

Wildlife crime is a complex problem with many interconnected facets, which are generally responded to in parts or fragments in efforts to “break down” the complexity into manageable components. However, fragmentation increases complexity as coherence and cooperation become diluted. A whole-of-society approach has been developed towards finding a common goal and integrated approach to preventing wildlife crime. As part of this development, research was conducted in rural communities adjacent to conservation areas in South Africa to define and comprehend the challenges faced by them, and to understand their perceptions of wildlife crime. The results of the research showed that the perceptions of community members varied - most were in favor of conservation and of protecting rhinos, only if they derive adequate benefit from it. Regardless of gender, income level, education level, or access to services, conservation was perceived to be good and bad by the same people. Even though people in the communities are poor, a willingness to stop rhino poaching does exist amongst them, but their perception of parks not caring about people triggered an attitude of not being willing to stop, prevent or report poaching. Understanding the nuances, the history, the interests and values of community members, and the drivers behind poaching mind-sets (intrinsic or driven by transnational organized crime) is imperative to create sustainable and resilient communities on multiple levels that make a substantial positive impact on people’s lives, but also conserve wildlife for posterity.

Keywords: community perceptions, conservation, rhino poaching, whole-of-society approach, wildlife crime

Procedia PDF Downloads 236

Authors: Anita De Melo

Abstract:

Today we live in a crucial time of ecological crisis, of environmental catastrophes worldwide, and this scenario is, arrogantly, overlooked by powerful economic forces and their politics. Thus, a critical pedagogy that leads to action and that fosters ecoliteracy, environment education, is now inevitable, and it must become an integral part of the school curriculum across the disciplines, including the social sciences and the humanities. One of the most important contemporary and emerging movement of today is ecopedagogy, a movement that blends theory and ethics towards a curriculum that focus on an environmental education that will promote ecological justice, respect, and care by educating students to become planetary citizens. This paper aims, first, to emphasize the need for discussions and investigations regarding ecoliteracy within our field of teaching foreign languages, which will consider, among others, the of role language in stimulating sustainability, and the role of second language proficiency in fostering positive transnational dialogues conducive to fighting our current planetary crisis. Second, this paper suggests and discusses some critical ecopedagogical practices -- in the form of project-based learning, service-learning and environmental-oriented study abroad programs – apropos to ecoliteracy. These interdisciplinary projects can and should bring students in contact with communities speaking the target language, and such encounter would facilitate cultural exchanges and promote positive language proficiency whilst it would also give students the opportunity to work with finding ideas/projects to fight our current ecological catastrophe.

Keywords: critical pedagogy, ecoliteracy, ecopedagogy, planetary crisis

Procedia PDF Downloads 250

Authors: Sajedeh Salehi, Marco Giacalone

Abstract:

This paper examines the role of existing online dispute resolution (ODR) mechanisms and their effects on ameliorating access to justice – as a protected right by Art. 47 of the EU Charter of Fundamental Rights – for consumers in EU. The major focus of this study will be on evaluating ODR as the means of dispute resolution for Business-to-Consumer (B2C) cross-border small claims raised in e-commerce transactions. The authors will elaborate the consequences of implementing ODR methods in the context of recent developments in EU regulatory safeguards on promoting consumer protection. In this analysis, both non-judiciary and judiciary ODR redress mechanisms are considered, however, the significant consideration is given to – obligatory and non-obligatory – judiciary ODR methods. For that purpose, this paper will particularly investigate the impact of the EU ODR platform as well as the European Small Claims Procedure (ESCP) Regulation 861/2007 and their role on accelerating the access to justice for consumers in B2C e-disputes. Although, considerable volume of research has been carried out on ODR for consumer claims, rather less (or no-) attention has been paid to provide a combined doctrinal and empirical evaluation of ODR’s potential in resolving cross-border small e-disputes, in EU. Hence, the methodological approach taken in this study is a mixed methodology based on qualitative (interviews) and quantitative (surveys) research methods which will be mainly based on the data acquired through the findings of the Small Claims Analysis Net (SCAN) project. This project contributes towards examining the ESCP Regulation implementation and efficiency in providing consumers with a legal watershed through using the ODR for their transnational small claims. The outcomes of this research may benefit both academia and policymakers at national and international level.

Keywords: access to justice, consumers, e-commerce, small e-Disputes

Procedia PDF Downloads 128

Authors: Mengwei Li

Abstract:

Since the 1990s, biennials, and large-scale transnational art exhibitions, have proliferated exponentially across the globe, particularly in Asia, Africa, and Latin America. It has spurred debates regarding the inclusion of "new art cultures" and the deconstruction of the mechanism of exclusion embedded in the Western monopoly on art. Hans Belting introduced the concept of "global art" in 2013 to denounce the West's privileged canons in art by emphasising the inclusion of art practices from alleged non-Western regions. Arguably, the rise of new biennial networks developed by these locations has contributed to the asserted "inclusion of new art worlds." However, phrases such as "non-Western" and "beyond Euro-American" attached to these discussions raise the question of non- or beyond- in relation to whom. In this narrative, to become "integrated" and "equal" implies entry into the "core," a universal system in which preexisting authoritative voices define "newcomers" by what they are not. Possibly, if there is a global biennial system that symbolises a "universal language" of the contemporary art world, it is centered on the inherently dynamic yet asymmetrical interaction and negotiation between the "core" and the rest of the world's "periphery." Engaging with theories of "minor literature" developed by Deleuze and Guattari, this research proposes an epistemological framework to comprehend the global biennial discourse since the 1990s. Using this framework, this research looks at two biennial models in China: the 13th Shanghai Biennale, which was organised in the country's metropolitan art centre, and the 2nd Yinchuan Biennale, which was inaugurated in a geographically and economically marginalised city compared to domestic centres. By analysing how these two biennials from different locations in China positioned themselves and conveyed their local profiles through the universal language of the biennial, this research identifies a potential "minor" positionality within the global biennial discourse from China's perspective.

Keywords: biennials, China, contemporary, global art, minor literature

Procedia PDF Downloads 87

Authors: David Cobham

Abstract:

In higher education, a great degree of importance is placed on the internationalization of the student experience. This is seen as a valuable contributor to elements such as building confidence, broadening knowledge, creating networks and connections, and enhancing employability for current students who will become the next generation of managers in technology and business. The COVID-19 pandemic has affected all areas of people’s lives. The limitations of travel coupled with the fears and concerns generated by the health risks have dramatically reduced the opportunity for students to engage with this agenda. Institutions of higher education have been required to rethink fundamental aspects of their business model from recruitment and enrolment through learning approaches, assessment methods, and the pathway to employment. This paper presents a case study which focuses on student mobility and how the physical experience of being in another country, either to study, to work, to volunteer or to gain cultural and social enhancement, has of necessity been replaced by alternative approaches. It considers trans-national education as an alternative to physical study overseas, virtual mobility and internships as an alternative to international work experience, and adopting collaborative online projects as an alternative to in-person encounters. The paper concludes that although these elements have been adopted to address the current situation, the lessons learned and the feedback gained suggests that they have contributed successfully in new and sometimes unexpected ways and that they will persist beyond the present to become part of the 'new normal' for the future. That being the case, senior leaders of institutions of higher education will be required to revisit their international plans and to rewrite their international strategies to take account of and build upon these changes.

Keywords: higher education management, internationalization, transnational education, virtual mobility

Procedia PDF Downloads 104

Authors: Ezinne M. Igwe

Abstract:

Statements of facts have been made about Nollywood, a segment of the Nigerian film industry that has in recent times become phenomenal due largely to its quantity of production and specific production style. In the face of recent transformations reshaping the industry, matters have been arising which have not been given due academic attention from an industry player perspective. While re-addressing such issues like structure, policy and informality, this study benefits from a new perspective – that of a community member adopting participant observation to research into a familiar culture. With data drawn from an extensive ethnographic study of the industry, this paper examines these matters with an emphasis on structure and the industry’s overall political economy. Drawing from discourses on the new and old Nollywood labels and other current matters arising within the industry such as the MOPICON bill redraft, corporate financing and possibilities of regeneration, this paper examines structure and power struggle within Nollywood. These are championing regenerative processes that bring about formalization, professionalism and the quest for a transnational presence, which have only been superficially evaluated. Focused essentially on Nollywood’s political economy, this study critically analyses the transforming face of an informal industry, the consistent quest for structure, quality and standard, and issues of corporate sponsorship as possible trends of regeneration. It evaluates them as indicators of regeneration, questioning the possibilities of their sustenance in an industry experiencing increased interactions with the formal economy and an influx of young professionals. With findings that make sustained regeneration both certain (due to increased formal economy interaction) and uncertain (due to the dysfunctionality of the society and its political system), it concludes that the transforming face of the industry suggests impending gentrification of the industry.

Keywords: formalisation, MOPICON, Nollywood, structure

Procedia PDF Downloads 281

Authors: Jessy Abouarab

Abstract:

For more than half a century, international norms related to refugee security and protection have proliferated, yet their role in alleviating war’s negative impacts on human life remains limited. The impact of refugee-security processes often manifests asymmetrically within populations. Many issues and people get silenced due to narrow security policies that focus either on abstract threat containment and refugee control or refugee protection and humanitarian aid. (In)security practices are gendered and experienced. Examining the case study of Syrian refugees in Lebanon, this study explores the gendered impact of refugee security mechanisms on local realities. A transnational feminist approach will be used to position this research in relation to existing studies in the field of security and the refugee-protection regime, highlighting the social, cultural, legal, and political barriers to gender equality in the areas of violence, rights, and social inclusion. Through Photovoice methodology, the Syrian refugees’ (in)securities in Lebanon were given visibility by enabling local volunteers to record and reflect their realities through pictures, at the same time voice the participants’ anxieties and recommendations to reach normative policy change. This Participatory Action Research approach helped participants observe the structural barriers and lack of culturally inclusive refugee services that hinder security, increase discrimination, stigma, and poverty. The findings have implications for a shift of the refugee protection mechanisms to a community-based approach in ways that extend beyond narrow security policies that hinder women empowerment and raise vulnerabilities such as gendered exploitation, abuse, and neglect.

Keywords: gender, (in)security, Lebanon, refugee, Syrian refugees, women

Procedia PDF Downloads 143

Authors: Nkatow Mafany Christian

Abstract:

No other period in human history has offered such great opportunities for grievances not only to last long but also to be manifested across international boundaries. This state of affairs is likely a common feature of the advent of social media. The Anglophone Question in Cameroon has been a problem of poor constitutional arrangements that can be traced to 1961 when the former French Cameroon reunified with former British Southern Cameroons following a plebiscite in which the latter overwhelmingly voted to reunify with the former. Though Southern/Anglophone Cameroons complained of perceived marginalization and an attempt by the majority French section to assimilate them, the manifestation was subtle and took place only through protests, petitions, strikes movements and demonstrations. However, with the advent of social media, a new cream of leaders emerged in the diaspora, including the US, Canada, Europe, Asia and the Middle East, to champion the manifestations leading to violence and conflicts that have bedeviled the region since 2017. The feeling of political subjugation, economic exploitation, social suppression and cultural assimilation among Anglophone Cameroonians united them under diaspora leaders against the government of Cameroon, calling for the creation of a separate state for Anglophones. This paper draws from this lead-up to analyze the current Anglophone Crisis in Cameroon in the light of the Grievance Theory and Transnationalism. The paper makes an appeal to field experience, interviews, official sources, documentation, and the internet to succor its central thesis. From the fertility of its sources, the paper submits that social media is a potent source of conflicts and makes nonsense of the principle of sovereignty and territorial integrity by its capacity to promote the transnational manifestation of grievances.

Keywords: grievance, transnationalism, anglophone crisis, Cameroon, crisis and social media

Procedia PDF Downloads 63

Authors: Charlotte Lülf

Abstract:

Migration flows, resulting from war, climate change or economic crisis cannot be tackled by single states but need to be addressed as a transnational and international responsibility. The traditional architecture surrounding the work of the UNHCR and the 1951 Convention, however, is not equipped to deal with these challenges. Widely excluded from legal protection are people not individually persecuted for the statutory criteria, people that flee from the indiscriminate effects of an armed conflict as well as people fleeing natural disasters. With the lack of explicit legal protection and the political reluctance of nation states worldwide to extend their commitment in new asylum laws, the judiciary must be put in focus: it plays a unique role in interpreting and potentially expanding the application of existing regulations. This paper as part of an ongoing Ph.D. Project deals with the current and partly contradicting approaches to the protection of war- and climate refugees. Changing jurisprudential practice of national and regional courts will be assessed, as will be their dialogue to interpret the international obligations of human rights law, migration laws, and asylum laws in an interacting world. In recent judgments refoulment to an armed conflict as well as countries without adequate disaster relief or health care was argued as violating fundamental human and asylum law rights and therefore prohibited – even for applicants without refugee status: The first step towards access to subsidiary protection could herewith be established. Can one observe similar developments in other parts of the world? This paper will evaluate the role of the judiciary to define, redefine and potentially expand protection for people seeking refuge from armed conflicts and natural disasters.

Keywords: human rights law, asylum-seekers, displacement, migration

Procedia PDF Downloads 275

Authors: Giovanna Carugno

Abstract:

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

Keywords: comparative law, intellectual property, invention, patents

Procedia PDF Downloads 181

Authors: Karun K. Karki

Abstract:

Globalization has intensified the transnational movement of people, mainly from the Global South to the Global North. In this context of transnationalism, migration is framed within the national interests required for economic prosperity. More specifically, the competition for the ‘best and the brightest of highly educated immigrants from around the world can be perceived as evidence that countries in the North are competing in the knowledge-based global economy. Canada is not an exception. Since the early 1970s, Canada has successfully admitted, on average, 200,000 to 280,000 immigrants annually for permanent residency, primarily for economic development, family reunification and humanitarian affairs. Among these three components, economic class immigrants are the highest priority in its immigration policy. Although Canada admits highly qualified immigrant professionals with the expectation of easily integrating them, many highly skilled immigrants are marginalized in the labour market due to a myriad of layered structural and institutional barriers that prevent them from working in the professions for which they were trained in their country of origin. More than 67% of highly skilled immigrants are more likely to be in jobs for which they are formally overqualified. The deteriorating employment situation of highly educated immigrants, particularly the immigrants of racialized groups, needs analytical scrutiny of the immigration policy of Canada. In this paper, author examine how the historical legacy of colonialism still continues in Canada’s immigration policymaking and how this legacy has impacted developing countries in the global South. Author argue that the Canadian immigration policy is based on the notion of exploiting/dominating smaller countries and immigrants from these countries. Such colonial policies have systematically ‘Othered’ immigrants based on their race, ethnicity, gender, culture, and linguistic characteristics. Recommendations are made to revisit contemporary immigration and settlement policies to effectively integrate immigrants into Canadian society.

Keywords: colonialism, Canadian immigration policy, racialized immigrants, skilled immigrants

Procedia PDF Downloads 63

Authors: Targba Aondowase

Abstract:

Undocumented migration along Nigeria’s boarder with Cameroon, Chad and Niger is a key issue in tackling the human security challenges in the region as the security situation cannot be contained without proper boarder control. The paper adopts migration systems theory which asserts that migration alters the social, cultural, economic, and institutional conditions at both the sending and receiving ends to explain the influence of unregistered migrants on institutional changes as it affects the security situation in Northern Nigeria. It was found that undocumented migration is majorly influenced by poverty, illegal trade, wars and asylum. The study also discovers that Nigerian boarders are porous with over 250 footpaths that link directly to Cameroon, Chad and Niger, making the proliferation of small arms and light weapons a transnational organized crime in the region. These porous borders are unmanned by security operatives with limited government presence in the boarder communities. The study also found that undocumented immigrants are easily integrated into the northern communities due to common religious beliefs and race where they carry out normal and civic functions without obstruction. The paper concluded that the level of undocumented migration in Northern Nigeria is high due to unmanned and porous borders. The paper therefore recommended that the security agencies should be strengthened through adequate funding, innovative technology, sound policies and proficient processes that will help protect the country’s borders. The National Populations Commission and the National Identity Management Commission should be strengthened to have a good data base of the country’s citizens and there should be international cooperation between the neighbouring countries to tackle illegal migration and illegal trade along the borders. The findings and recommendations of this paper will serve as a guide towards curtailing the impact of undocumented migration on human security in Northern Nigeria.

Keywords: human security, impact, migration, undocumented

Procedia PDF Downloads 334

Authors: Ilona Copik

Abstract:

The aim of this study is to analyze the representation of memories of the forced displacement of Poles and Germans from the eastern territories in 1945 as depicted by Polish and German feature films between the years 1945-1960. The aftermath of World War II and the Allied agreements concluded at Yalta and Potsdam (1945) resulted in changes in national borders in Central and Eastern Europe and the large-scale transfer of civilians. The westward migration became a symbol of the new post-war division of Europe, new spheres of influence separated by the Iron Curtain. For years it was a controversial topic in both Poland and Germany due to the geopolitical alignment (the socialist East and capitalist West of Europe), as well as the unfinished debate between the victims and perpetrators of the war. The research premise is to take a comparative view of the conflicted cultures of Polish and German memory, to reflect on the possibility of an international dialogue about the past recorded in film images, and to discover the potential of film as a narrative warning against totalitarian inclinations. Until now, films made between 1945 and 1960 in Poland and the German occupation zones have been analyzed mainly in the context of artistic strategies subordinated to ideology and historical politics. In this study, the intention is to take a critical approach leading to the recognition of how films work as collective memory media, how they reveal the mechanisms of memory/forgetting, and what settlement topoi and migration myths they contain. The main hypothesis is that feature films about forced displacement, in addition to the politics of history - separate in each country - reveal comparable transnational individual experiences: the chaos of migration, the trauma of losing one's home, the conflicts accompanying the familiar/foreign, the difficulty of cultural adaptation, the problem of lost identity, etc.

Keywords: forced displacement, Polish and German cinema, war victims, World War II

Procedia PDF Downloads 67

Authors: Pratiwi Retnaningdyah, Sofie Dewayani

Abstract:

Foreign domestic workers are arguably one of the most exploited and subordinated groups of women in the labor division under global capitalism. However, foreign domestic workers (FDWs) actively engage in activities to negotiate the prevailing structures of power in the transnational labor market. This paper seeks to understand the significance of Indonesian Domestic Workers (IDWs) cultural representations in relation to the themes of literacy and space. In particular, this paper addresses the issue of how IDWs in Hong Kong make use of the practice of suitcase libraries to make meaning of space within material limits. The term ‘suitcase libraries’ is used to refer to a literacy practice of book borrowing at outdoor public spaces in Hong Kong during IDWs’ days off. The books are displayed in open suitcases and mats, with IDWs both as administrators and consumers engaged in the practice. This paper argues that suitcase libraries can be considered representing Thirdspace in the form of a vernacular, grassroots literacy practice that creates a productive space of resistance and community empowerment. Employing participant observation and a textual analysis of IDWs’ literacy narratives, the study traced IDWs’ literacy trajectories to the period of IDWs’ permanent return to Indonesia. Through extended engagement in community literacy practices in their hometowns, former IDWs develop their literacy capital and break the stereotypes of uneducated and passive maids and change them into literate figures. In the context of literacy movement that has gained momentum in Indonesia recently, the practice of IDWs’ suitcase libraries is also useful as a reference point to further investigate how community literacy sponsors in Indonesia also create Thirdspace and develop literacy capital through community libraries (TBM, Taman Baca Masyarakat).

Keywords: identity, Indonesian domestic workers, literacy narratives, Thirdspace

Procedia PDF Downloads 177

Authors: Shivam Dwivedi, Saumya Kapoor

Abstract:

The Israeli Supreme Court in Public Committee against Torture in Israel v. Government of Israel observed the presence of non-state actors in cross-border terrorist activities thereby making the role of non-state actors in terrorism the center of discussion under the scope of International Humanitarian Law. Non-state actors and their role in a conflict have also been traversed upon by the Tadic case decided by the International Criminal Tribunal for the former Yugoslavia. However, there still are lacunae in International Humanitarian Law when it comes to determining the nature of a conflict, especially when non-state groups act within the ambit of various states, for example, Taliban in Afghanistan or the groups operating in Ukraine and Georgia. Thus, the objective of writing this paper would be to observe the ways by which non-state actors particularly terrorist organizations could be brought under the ambit of Additional Protocol I. Additional Protocol I is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international conflicts which basically outlaws indiscriminate attacks on civilian populations, forbids conscription of children and preserves various other human rights during the war. In general, the Additional Protocol I reaffirms the provisions of the original four Geneva Conventions. Since provisions of Additional Protocol I apply only to cases pertaining to International Armed Conflicts, the answer to the problem should lie in including the scope for ‘transnational armed conflict’ in the already existing definition of ‘International Armed Conflict’ within Common Article 2 of the Geneva Conventions. This would broaden the applicability of the provisions in cases of non-state groups and render an international character to the conflict. Also, the non-state groups operating or appearing to operate should be determined by the test laid down in the Nicaragua case by the International Court of Justice and not under the Tadic case decided by the International Criminal Tribunal for Former Yugoslavia in order to provide a comprehensive system to deal with such groups. The result of the above proposal, therefore, would enhance the scope of the application of International Humanitarian Law to non-state groups and individuals.

Keywords: Geneva Conventions, International Armed Conflict, International Humanitarian Law, non-state actors

Procedia PDF Downloads 377

Authors: Stellina Jolly

Abstract:

July 18th to August 19th 2013 has gone down in the history of India for undertaking the country’s first environment referendum. The Supreme Court had ruled that the Vedanta Group's bauxite mining project in the Niyamgiri Hills of Orissa will have to get clearance from the gram sabha, which will consider the cultural and religious rights of the tribals and forest dwellers living in Rayagada and Kalahandi districts. In the Niyamgiri hills, people of small tribal hamlets were asked to voice their opinion on bauxite mining in their habitat. The ministry has reiterated its stand that mining cannot be allowed on the Niyamgiri hills because it will affect the rights of the Dongria Kondhs. The tribal person who occupies the Niyamgiri Hills in Eastern India accomplished their first success in 2010 in their struggle to protect and preserve their existence, culture and land against Vedanta a London-based mining giant. In August, 2010 Government of India revoked permission for Vedanta Resources to mine bauxite from hills in Orissa State where the Dongria Kondh live as forest dwellers. This came after various protests and reports including amnesty report wherein it highlighted that an alumina refinery in eastern India operated by a subsidiary of mining company. Vedanta was accused of causing air and water pollution that threatens the health of local people and their access to water. The abuse of human rights by corporate is not a new issue it has occurred in Africa, Asia and other parts of the world. Paper focuses on the instances and extent of human right especially in terms of environment violations by corporations. Further Paper details on corporations and sustainable development. Paper finally comes up with certain recommendation including call for a declaration by United Nations on Corporate environment Human Rights Liability.

Keywords: environment, corporate, human rights, sustainable development

Procedia PDF Downloads 475

Authors: Su-Lin Yu

Abstract:

In recent years, we have witnessed the growing scholarship on transnational theorizing and activism within disability. In particular, the universalizing discourses of disability formulated in the Global North seem inadequate in engaging the vast diversity of discourses of disability that emerge in global and local policies as well as the everyday experiences of disabled people in the Global South. This study will further consider the future possibilities of how Taiwanese and global disability studies might interchange disability knowledge. First, this study will determine how a local literature of disability can be formed in Taiwan by examining life writings written by Taiwanese disabled women. Both the texts and the personal experiences are treated as social products which can, through their discourses, offer insight into the socio-cultural practices and norms of disability and womanhood in Taiwan. This paper argues that more than by the impairment in itself, the experiences of disabled women are shaped by the social and cultural discourses and practices that define disability and womanhood as well as the normative roles, places, and contexts associated with them. Simultaneous analysis of disability and womanhood exemplifies the way in which disability operates in a complex interaction with the socio-cultural discourses and practices of womanhood, thus producing gender-differentiated disabling obstacles for disabled women. Another purpose of this study is to gain an understanding of the transformative experience of women with disabilities and their perceptions of the self. Designed to provide positive, realistic pictures of the lives of women with disabilities and the social, economic, and political issues they face, their life writings demonstrate how they as disabled women simultaneously struggle with writing a new identity and creating an ethical narrative. These strong and articulate women construct narratives that attempt to recount the remarkable journey that transformed them from dependent women to community activists and writers who speak forcefully about the needs of people with disabilities. More than a story of one woman's struggle for independence, their writing, then, is a testimony to the importance of community building and organizing to enable local people with disabilities to live fulfilling lives.

Keywords: gender, disability, representation, agency

Procedia PDF Downloads 302

Authors: E. N. Vetrova, L.V. Lapochkina, N. V. Nikulina

Abstract:

In the national economy, entrepreneurship plays the role of a buffer between economy and policy for it contributes to improving budget effectiveness and decreasing dependence of economy on the state. Entrepreneurship in industry makes it possible to increase the added value that is formed in production chains and to decrease dependence on import. Under the current circumstances, when sanctions are being imposed, this is especially relevant for Russia and for the realization of projects in the Russian Arctic. However, development of entrepreneurship in industry requires an enlightened state policy. The purpose of the research is elaboration of recommendations for improving economic effectiveness of the realization of the Arctic projects on the basis of conceptual proposals for the development of entrepreneurship in industry. The paper presents the studies of the extractive industry role in the Russian economy and proves its raw material character. The analysis of production chains in industry on the basis of the conception of the added value global chains demonstrated a low added value formed by Russian companies. The study of changes in the structure of economy based on systemic, statistical and comparative analyses revealed no positive changes in the structure of economy over the period under consideration. This is a manifestation of ineffectiveness of the Russian industrial policy in general and within the Arctic region in particular. The authors identified the problems information and implementation of the state industrial policy in the Arctic region and in the development of national entrepreneurship, analyzed the shortcomings of the current state policy in the sphere of the Russian industry. On the basis of the conducted studies, the authors formulated conceptual approaches to change the state policy in the Arctic. The basic idea of the authors is to substantiate the focus of the state regulation on the development of entrepreneurship in industry in the process of the Russian Arctic exploration. At the same time another problem is solved–that of the development of the manufacturing industry in the southern regions of the northwestern part of Russia. The criterion of effectiveness in this case is the economic effectiveness.

Keywords: entrepreneurship in industry, global chains of the added value, government regulation, industrial policies, production chains in the arctic region, economic effectiveness

Procedia PDF Downloads 386

Authors: Soraya Tharani

Abstract:

Social media has changed how public opinion is shaped by enabling more diversified and inclusive participation of audiences. New online forums provide spaces in which governments, NGOs and other organizations can create content and receive feedback. These forums are sites where debate can constitute public opinion. Studies of audience engagement can give an understanding of how different voices from the civil society participate in debates and how discussions can reinforce or bring into question established societal beliefs. The UN’s refugee agency, UNHCR, produces audio-visual stories about displaced people for global audiences on social media platforms. The availability of many views in these forums can give insight into how dialogues regarding transnational issues are formed. The public sphere, as defined by Habermas, is a discursive arena where reasoned debate can take place. Habermas’ concept is combined with theories on celebrity advocacy, and discussions about the role and effect celebrities have in raising public awareness for humanitarian issues. The personal and public lives of celebrities often create emotional engagement from their fans and other audiences. In this study, quantitative and qualitative methods have been used on YouTube comments for uncovering how emotion and reason are constituted in a global public debate on celebrity endorsed UNHCR stories of displaced people. The study shows that engagement intensity is not equally distributed between comment threads; comments presented as facts or emotional claims are often supported by recourse to intertextuality, and specific linguistic strategies are used to put forward emotional and reasoned claims regarding individual and group identities. The findings from this research aim to contribute to an understanding of audience engagement on issues of human survival and solidarity in a global social media public sphere.

Keywords: emotions, engagement, global public sphere, linguistic strategies, reason, refugees, social media, UNHCR

Procedia PDF Downloads 140

Authors: Niloofar Yousefi, Marie Alaghband, Ivan Garibay

Abstract:

With the increase of credit card usage, the volume of credit card misuse also has significantly increased, which may cause appreciable financial losses for both credit card holders and financial organizations issuing credit cards. As a result, financial organizations are working hard on developing and deploying credit card fraud detection methods, in order to adapt to ever-evolving, increasingly sophisticated defrauding strategies and identifying illicit transactions as quickly as possible to protect themselves and their customers. Compounding on the complex nature of such adverse strategies, credit card fraudulent activities are rare events compared to the number of legitimate transactions. Hence, the challenge to develop fraud detection that are accurate and efficient is substantially intensified and, as a consequence, credit card fraud detection has lately become a very active area of research. In this work, we provide a survey of current techniques most relevant to the problem of credit card fraud detection. We carry out our survey in two main parts. In the first part, we focus on studies utilizing classical machine learning models, which mostly employ traditional transnational features to make fraud predictions. These models typically rely on some static physical characteristics, such as what the user knows (knowledge-based method), or what he/she has access to (object-based method). In the second part of our survey, we review more advanced techniques of user authentication, which use behavioral biometrics to identify an individual based on his/her unique behavior while he/she is interacting with his/her electronic devices. These approaches rely on how people behave (instead of what they do), which cannot be easily forged. By providing an overview of current approaches and the results reported in the literature, this survey aims to drive the future research agenda for the community in order to develop more accurate, reliable and scalable models of credit card fraud detection.

Keywords: Credit Card Fraud Detection, User Authentication, Behavioral Biometrics, Machine Learning, Literature Survey

Procedia PDF Downloads 121