Search results for: civil rights

Authors: Rachida Malaoui, Leila Arabet , Asma Benbouza

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The use of mining waste rock as a material for construction is one of the biggest concerns grabbing the attention of many mining countries. As these materials are abandoned, more effective solutions have been made to offset some of the building materials, and to avoid environmental pollution. The sands of the Djemi Djema deposit mines of the Djebel Onk mines are sedimentary materials of several varieties of layers with varying thicknesses and are worth far more than 300m deep. The sands from the Djemi Djema business area are medium to coarse and are discharged and accumulated, generating a huge estimated quantity of more than 77424250 tonnes. This state of "resource" is of great importance so as to be oriented towards the fields of public works and civil engineering after having reached the acceptable properties of this resource

Keywords: reuse, sands, shear tests, waste rock

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Authors: Ashbeelah Shafaqat Ali

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Pakistan is a country where the transgender community has not been accepted as a third gender yet, but in recent years Pakistani drama industry has taken an initiative to include Transgender characters in the past few years. This research based on qualitative method i.e. content analysis and in-depth interviews investigates the depiction of transgender community in Pakistani television dramas. This study examined two dramas i.e.' Khuda Mera Bhi Hai' and 'Alif Allah Aur Insaan' to analyze the representation of transgender community whereas, in-depth Interviews from 15 transgender people lived in Lahore to observe their opinion regarding their representation in Pakistani television dramas. Snow-ball sampling technique was used for conducting interviews from the transgender community. The results concluded that transgender community did not get equal coverage in Pakistani television dramas but inclusion as characters were observed. This study is helpful in providing a base for observing role of Pakistani television dramas in the development of transgender identity. The major finding revealed is that the inclusion of representation of transgender community in Pakistani television dramas has indicated a successful development towards positive representation. Although, it was suggested by the interviewers that before producing a television drama, appropriate research must be conducted to depict the real life story, problems and struggles of the transgender community. Furthermore, it was analyzed that only fair and equal representation of transgender community by Pakistani drama industry can be beneficial in promoting the third gender rights in the society.

Keywords: Pakistani dramas, portrayal, stereotypes, transgender

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Authors: Suneet Jagdev

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17 Sustainable Development Goals were adopted by the world leaders in September 2015 at the United Nations Sustainable Development Summit. These goals were adopted by UN member states to promote prosperity, health and human rights while protecting the planet. Around the same time, the Government of India launched the Smart City Initiative to speed up development of state of the art infrastructure and services in 100 cities with a focus on sustainable and inclusive development. These cities are meant to become role models for other cities in India and promote sustainable regional development. This paper examines goals set under the Smart City Initiative and evaluates them in terms of the Sustainable Development Goals, using case studies of selected Smart Cities in India. The study concludes that most Smart City projects at present actually consist of individual solutions to individual problems identified in a community rather than comprehensive models for complex issues in cities across India. Systematic, logical and comparative analysis of important literature and data has been done, collected from government sources, government papers, research papers by various experts on the topic, and results from some online surveys. Case studies have been used for a graphical analysis highlighting the issues of migration, ecology, economy and social equity in these Smart Cities.

Keywords: housing, migration, smart cities, sustainable development goals, urban infrastructure

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Authors: R. Naveen, E. Vanitha, S. Gayathri

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The use of Sandwich composite materials in aerospace and civil infrastructure application has been increasing especially due to their enormously low weight that leads to a reduction in the total weight and fuel consumption, high flexural and transverse shear stiffness, and corrosion resistance. The essential properties of sandwich materials vary according to the application area of the structure. The objectives of this study are to identify the mechanical behaviour and failure mechanisms of sandwich structures made of bamboo, V- board and metal (Aluminium as face sheet and Foam as Core material). The three-point bending test and UTM (Universal testing machine) experimental tests are done for three specimens for each type of sandwich composites. From the experiment results of three sandwich composites, bamboo shows high Young’s modulus of elasticity and low density.

Keywords: bamboo sandwich composite, metal sandwich composite, sandwich composite, v-board sandwich composite

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Authors: Nizar Ahmad

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Peace without community participation will remain a vision, so, this study presents the contribution and efforts made by community base organization in views of local conflict affect population in Pakhtun society. A four conflict affected villages of Malakad Division were selected and a sample size of 278 household respondents were determined through online survey system software out of total 982 households. A Chi-square test was applied to ascertain association between various communication base organizations factors with state of peace in the area. It was found that provision of humanitarian aid, rehabilitation of displaced population, rebuilding of trust in government and peace festivals by communication organization had significant association with state of peace in the area. In contrast provision of training, peace education monitoring and reporting of human rights violation in war zone by local organization was non-significantly related to the state of peace in the area. Community base organization play an active role in building peace in the area but lack capacity, linkages with external actors and outside support. National and international organization actors working in the area of peace and conflict resolution need to focus on the capacity, networking and peace initiatives of local organizations working in fragile context.

Keywords: community base peacebuilding, conflict resolution, terrorism, violence

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Authors: Edmilson Nhambe, Belisario Machaieie

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Since the signing of the General Peace Agreement-GPA in 1992, Mozambique has seen successive setbacks in the search for effective peace, civil war, social conflicts, terrorism, and armed conflicts mix the reality of Mozambican democracy. The article seeks to understand the dynamics of conflict and peace in Mozambique. Specifically, it seeks to analyze the structural factors that lead to (violent) conflict situations and the factors that favor or promote peace. For this purpose, desk research was chosen to analyze studies of peace and conflict. This article develops the argument that the non-violation of the peace agreement, in particular the GPA in Rome, as it had a structuring effect on the Mozambican political system, no longer guarantees in itself the irreversibility of the pacification process. In fact, the country is currently stagnating in the category of a fragile peace process with the risk of slipping into a situation of war or open armed conflict.

Keywords: peace, conflict, GPA, instability

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Authors: Jeanne-Mari Retief

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As of November 2016, three African states have withdrawn from the International Criminal Court (ICC) and more are expected to follow. The alleged abuse of universal jurisdiction and targeting of African states by the ICC motivated the withdrawals. These historical exits raise many questions, especially in regard to the adequate investigation and prosecution of international crimes in a continent with a history of impunity. Even though African courts exist and one more is proposed, many issues remain i.e. adequate access to the courts, the extent of the courts’ jurisdiction, and proposed methods of effectively dealing with international crimes in Africa. This paper seeks to address the practical effects of the withdrawal from the ICC and the problems posed through utilizing regional courts. It will specifically look at the practical challenges existing courts face, the lack of access to the latter, issues concerning the proposed African Court for Justice and Human Rights, and the shocking promotion of impunity in Africa. These all have severe implications for African citizens and victims of the most heinous crimes. The mantra of African solutions to African problems places an important duty on states to ensure the actual provision of these solutions, which can only be achieved through a critical analysis of the questions above.

Keywords: ACJHR, Africa, impunity, justice, Malabo protocol

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Authors: Daniela Pellin, Wilson Engelmann

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Brazil has sought to accelerate your development through technology and innovation as a response to the global influences, which has received in internal management practices. For this, it had edited the Brazilian Law of Innovation 13.243/2016. However observing the Law overestimated economic aspects the respective application will not consider the stakeholders and the technological risks because there is no legal treatment. The economic exploitation and the technological risks must be controlled by limits of democratic system to find better social development to contribute with the economics agents for making decision to conform with global directions. The research understands this is a problem to face given the social particularities of the country because there has been the literal import of the North American Triple Helix Theory consolidated in developed countries and the negative consequences when applied in developing countries. Because of this symptomatic scenario, it is necessary to create adjustment to conduct the management of the law besides social democratic interests to increase the country development. For this, therefore, the Government will have to adopt some conducts promoting side by side with universities, civil society and companies, informational transparency, catch of partnerships, create a Confort Letter document for preparation to ensure the operation, joint elaboration of a Manual of Good Practices, make accountability and data dissemination. Also the Universities must promote informational transparency, drawing up partnership contracts and generating revenue, development of information. In addition, the civil society must do data analysis about proposals received for discussing to give opinion related. At the end, companies have to give public and transparent information about investments and economic benefits, risks and innovation manufactured. The research intends as a general objective to demonstrate that the efficiency of the propeller deployment will be possible if the innovative decision-making process goes through the institutional logic. As specific objectives, the American influence must undergo some modifications to better suit the economic-legal incentives to potentiate the development of the social system. The hypothesis points to institutional model for application to the legal system can be elaborated based on emerging characteristics of the country, in such a way that technological risks can be foreseen and there will be global conformity with attention to the full development of society as proposed by the researchers.The method of approach will be the systemic-constructivist with bibliographical review, data collection and analysis with the construction of the institutional and democratic model for the management of the Law.

Keywords: development, governance of law, institutionalization, triple helix

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Authors: Cai Qianyi

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In the midst of global digital revolution, the flow of data poses security threats that call China's existing legislative framework for protecting personal information into question. As a preliminary procedure for risk analysis and prevention, the risk assessment of personal data transmission lacks detailed guidelines for support. Existing provisions reveal unclear responsibilities for network operators and weakened rights for data subjects. Furthermore, the regulatory system's weak operability and a lack of industry self-regulation heighten data transmission hazards. This paper aims to compare the regulatory pathways for data information transmission risks between China and Europe from a legal framework and content perspective. It draws on the “Data Protection Impact Assessment Guidelines” to empower multiple stakeholders, including data processors, controllers, and subjects, while also defining obligations. In conclusion, this paper intends to solve China's digital security shortcomings by developing a more mature regulatory framework and industry self-regulation mechanisms, resulting in a win-win situation for personal data protection and the development of the digital economy.

Keywords: personal information data transmission, risk assessment, DPIA, internet service provider, personal information data transimission, risk assessment

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Authors: Boualla Nabila

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The problems created by the water in Civil Engineering are sometimes neglected or often badly posed when they are not completely ignored, and yet they are fundamental as regards both the conditions of execution of the worksites and the stability. Several damages were caused by the infiltration of water in the soils, in particular in clay regions which can swell under the effect of an increase in their water content as in the case of the Oued Tlelat clay which is made up of yellow-colored marly clays and red-colored El Maleh area. This study was carried out on soil from a site, located near the city of Oran and the city of Ain Tmouchent (northern Algeria) where we encounter many problems of cracking of buildings and bottom uplift of excavations. The study consists first of all in determining the mechanical and physical characteristics of the clay, namely the parameters of sheer, simple compression, and that of the odometer. Then the study focused on a comparison of the influence of water type on the mechanical and physical properties of swelling clay soil.

Keywords: clay, water, liquidity limit, plastic limit

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Authors: Maryam Sheikhzadeh Noshabadi

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There is no doubt that the Internet has connected the entire world. As a result of this flexible environment, virtual businesses have grown in importance and become one of the most important types of businesses. Although many governments use the internet and have free access to it, some are not happy with the free space and wide accessibility. As a result of recent events and civil protests in Iran, the country's government leaders have decided to once again cut off and filter its free and global Internet. Several issues were impacted by this decision; this includes the lives of businesses that were formed in virtual spaces platform. In this study, we explored the definitive impact of the Internet in Iran in September 1401, using semi-structured interviews with 20 digital marketing activists. This group was discussed in detail in terms of their financial and psychological damages. As a result of these conditions, this group has experienced a crisis of livelihood.

Keywords: internet, Iran, filtering, digital marketing.

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Authors: Renee Nank

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Nongovernmental organizations that operate in other countries are, under American law, permitted to apply for and receive special tax status even when their programs and services are situated in other countries. NGO's are lauded as incubators for innovation as they typically tackle difficult problems that public and private organizations are unable or uninterested in addressing. Little research has been undertaken that explores both the extent of these organizations in number and reach, their impact on addressing local issues they seek to resolve, and their effect on local social economies - namely job creation. This study explores the landscape of these NGOs that are afforded tax benefits in the U.S., but operate in other countries, the degree to which they are entrepreneurial and innovate, and their effect on local social economies. This applies this lens to particular cases by exploring in greater depth several American NGO's operating in Mexico.

Keywords: civil society, nongovernmental organizations, social entrepreneurship, social economy, NGO innovation

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Authors: Zeynep Selin Balci, Altug Gunal

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Religion has always an effect on the policies of states. In the case of religion having a central role in defining identity, especially when becoming an independent state, the bond between religious authority and state cannot easily be broken. As independence of Greece from the Ottoman Empire was acquired at the same time with the creation of its own church under the name of the Church of Greece by declaring its independence from the Greek Orthodox Patriarchate in Istanbul, the new church became an important part of Greek national identity. As the Church has the ability to influence Greeks, its rituals, public appearances, and practices are used to provide support to the state. Although there sometimes have been controversies between church and state, it has always been a fact that church is an integral part of the state, which is proved by that paying the salaries of priest by state payroll and them being naturally civil servants. European Union membership, on the other hand, has a changing impact on this relationship. This impact started to be more visible in 2000 when then government decided to exclude the religion section from identity cards. Church’s reaction was to gather people around recalling their religious identity and followed by redefining the content of nationality, which aspired nationalist fronts. After 2015 when leftist coalition Syriza and its self-described atheist leader came to power, the situation for nationalists and Church became more tangling in addition to the economic crisis started in 2010 and evolved into the Eurozone crisis by affecting not only Greece but also other members. Although the church did not have direct confrontations with the government, the fact that Tsipras refused to take the oath on Bible created tensions because it was not acceptable for a state whose Constitution starts ‘in the name of the Holy, Consubstantial and Indivisible Trinity’. Moreover, austerity measures to overcome the economic crisis, which affected the everyday life of citizens in terms of both prices and salaries, did not harm the church’s economic situation much. Considering church being the second biggest landowner after state and paying no taxes, the fact that church was exempt from austerity measures showed to the government the necessity to find a way to make church contribute to solution for the crisis. In 2018, when the government agreed with the head of the church on cutting off the priests from government payroll automatically meaning to end priests’ civil servant status, it created tensions both for church and in society. As a result of the elections held in July 2019, Tsipras could not have the chance to apply the decision as he left the office. In light of these, this study aims to analyze the position of the church in the economic crisis and its effects on Tsipras term. In order to sufficiently understand this, it is to look at the historical changing points of Church’s influence in Greek’s eyes.

Keywords: Eurozone crisis, Greece, Orthodox Church, Tsipras

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Authors: A. Saimen, E. Armstrong, C. Manitshana

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Intimate partner violence (IPV) has been recognised as a global human rights violation. It is universally under diagnosed and the institution of timeous multi-faceted interventions has been noted to benefit IPV victims. Currently, the concept of using a screening tool to detect IPV has not been widely explored in a primary healthcare setting in South Africa, and it was for this reason that this study has been undertaken. A systematic random sampling of 1 in 8 women over a period of 3 months was conducted prospectively at the OPD of a Level 1 Hospital. Participants were asked about their experience of IPV during the past 12 months. The WAST-short, a two-question tool, was used to screen patients for IPV. To verify the result of the screening, women were also asked the remaining questions from the WAST. Data was collected from 400 participants, with a response rate of 99.3%. The prevalence of IPV in the sample was 32%. The WAST-short was shown to have the following operating characteristics: sensitivity 45.2%, specificity 98%,positive predictive value 98%, negative predictive value 79%. The WAST-short lacks sufficient sensitivity and therefore is not an ideal screening tool for this setting. Improvement in the sensitivity of the WAST-short in this setting may be achieved by lowering the threshold for a positive result for IPV screening, and modification of the screening questions to better reflect IPV as understood by the local population.

Keywords: domestic violence, intimate partner violence, screening, screening tools

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Authors: Paula C. Latorre Arroyo, Andrea C. Latorre Arroyo

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In the present society, children are exposed to and impacted by technology from very early on in various ways. Artificial intelligence (AI), in particular, directly affects them, be it positively or negatively. The concept of artificial intelligence is commonly defined as the technological programming of computers or robotic mechanisms with humanlike capabilities and characteristics. These technologies are often designed as helpful machines or disguised as handy tools that could ultimately steal private information for illicit purposes. Children, being one of the most vulnerable groups due to their lack of experience and knowledge, do not have the ability to recognize or have the malice to distinguish if an apparatus with artificial intelligence is good or bad for them. For this reason, as a society, there must be a sense of responsibility to regulate and monitor different types of uses for artificial intelligence to protect children from potential risks that might arise. This article aims to investigate the many implications that artificial intelligence has in the lives of children, starting from a home setting, within the classroom, and, ultimately, in online spaces. Irrefutably, there are numerous beneficial aspects to the use of artificial intelligence. However, due to its limitless potential and lack of specific and substantial regulations to prevent the illicit use of this technology, safety and privacy concerns surface, specifically regarding the youth. This written work aims to provide an in-depth analysis of how artificial intelligence can both help children and jeopardize their safety. Concluding with resources and data supporting the aforementioned statement.

Keywords: artificial intelligence, children, privacy, rights, safety

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Authors: Noman Ahmed, Fariha Tahseen

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Since several decades, unplanned urbanization and rapid growth of informal settlements have evolved and increased in size and number. Large cities such as Karachi have been impacted with sprawl and rising share of unplanned settlements where poor communities reside. Threats of eviction, deteriorating law and order situation, lack of essential amenities and infrastructure, extortion and bullying from local and non-local musclemen and feeble response of government agencies towards their development needs are some predicaments. Non-governmental organizations (NGOs) have caused important interventions in such locations. Appraisal of the community-based mapping as a tool in supporting the development work in less privileged areas in Karachi has been the objective of this research. The Orangi Pilot Project (OPP), under the leadership of its slain director Perween Rahman had a significant role to play in developing and extending this approach in low income locations in Karachi and beyond. The paper investigates the application of mapping in the process of peri urban land invasion causing rapid transformation of traditional settlements in Karachi. Mixed methodology components comprising literature review, archival research, and unstructured interviews with key informants and case studies have been used.

Keywords: squatters (katchi abadis), land grabbing, community empowerment, housing rights, mapping, infrastructure development

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Authors: M. M. Mekkakia, M. P Luong, A. Arab

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These controlling the water content of compaction are a major concern of fundamental civil engineers. Also, the knowledge of the fundamentals of the behaviour of compacted clay soils is essential to predict and quantify the effects of a change in water content. The study of unsaturated soils is a very complex area which several studies are directed to in recent years. Our job work is to perform tests of Proctor, Oedometer and shear, on samples of unsaturated clay in order to see the influence of water content on the compressibility and the shear strength. The samples were prepared at different amounts of water from water content to optimum water contents close to saturation. This study thus allowed us to measure and monitor the parameters of compressibility and shear strength as a function of water content.

Keywords: laboratory tests, clay, unsaturated soil, atterberg limits, compaction, compressibility, shear

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Authors: Ravinder Barn, Balbir Barn

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This paper outlines ethical and practical challenges in the building of social technology for use with socially excluded and marginalised groups. The primary aim of this study was to design, deploy and evaluate social technology that may help to promote better engagement between case workers and young people to help prevent recidivism, and support young people’s transition towards social inclusion in society. A total of 107 practitioners/managers (n=64), and young people (n=43) contributed to the data collection via surveys, focus groups and 1-1 interviews. Through a process of co-design where end-users are involved as key contributors to social technological design, this paper seeks to make an important contribution to the area of participatory methodologies by arguing that whilst giving ‘voice’ to key stakeholders in the research process is crucial, there is a risk that competing voices may lead to tensions and unintended outcomes. The paper is contextualized within a Foucauldian perspective to examine significant concepts including power, authority and surveillance. Implications for youth justice policy and practice are considered. The authors conclude that marginalized youth and over-stretched practitioners are better served when such social technology is perceived and adopted as a tool of empowerment within a framework of child welfare and child rights.

Keywords: youth justice, social technology, marginalization, participatory research, power

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Authors: Boo-Sung Koh, Seung-Eock Kim

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In this paper, a direct design using a nonlinear inelastic analysis is suggested. Also, this paper compares the load carrying capacity obtained by a nonlinear inelastic analysis with experiment results to verify the accuracy of the results. The allowable stress design results of a railroad through a plate girder bridge and the safety factor of the nonlinear inelastic analysis were compared to examine the safety performance. As a result, the load safety factor for the nonlinear inelastic analysis was twice as high as the required safety factor under the allowable stress design standard specified in the civil engineering structure design standards for urban magnetic levitation railways, which further verified the advantages of the proposed direct design method.

Keywords: direct design, nonlinear inelastic analysis, residual stress, initial geometric imperfection

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Authors: W. Scott Jackson

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This paper explains the declension of Puritan clerical power following the Great Migration up until when Massachusetts lost its charter in 1684. Historian Perry Miller argued that an overall declension in Puritan culture occurred during this period. However, that notion has been dispelled. There is a resurging field exploring declension in areas outside of Miller’s scope of Puritan culture. I determine that colonial New England existed as a functional theocracy by using Pierre Bourdieu’s theory of symbolic capital to explain clerical power through symbolic and religious misdirection and conversion. I explore civil and economic power struggles in colonial New England during the decades following the Great Migration to establish that Puritan culture did not largely decline. Instead, it was the Puritan clergy’s power that waned during this period.

Keywords: Bourdieu, Historical Sociology, Symbolic Capital, Puritan

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Authors: Muzaffer Topgul, Hasan Atac

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After the September 11 attacks, fight against terrorism has risen to higher levels in security concepts of the countries. The following reactions of some nation states have led to the formation of unstable areas in different parts of the World. Especially, in Iraq and Syria, the influences of radical groups have risen with the weakening of the central governments. Turkey (with the geographical proximity to the current crisis) has become a stop on the movement of people who were displaced because of terrorism. In the process, the policies of the Syrian regime resulted in a civil war which is still going on since 2011, and remain as an unresolved crisis. With the extension of the problem, changes occurred in foreign policies of the World Powers; moreover, the ongoing effects of the riots, conflicts of interests of foreign powers, conflicts in the region because of the activities of radical groups increased instability within the country. This case continues to affect the security of Turkey, particularly illegal immigration. It has exceeded the number of two million Syrians who took refuge in Turkey due to the civil war, while continuing uncertainty about the legal status of asylum seekers, besides the security problems of asylum-seekers themselves, there are problems in education, health and communication (language) as well. In this study, we will evaluate the term of immigration through the eyes of national and international law, place the disorganized and illegal immigration in security sphere, and define the elements/components of irregular migration within the changing security concept. Ultimately, this article will assess the effects of the Syrian refuges to Turkey’s short-term, mid-term, and long-term security in the light of the national and international data flows and solutions will be presented to the ongoing problem. While explaining the security problems the data and the donnees obtained from the nation and international corporations will be examined thorough the human security dimensions such as living conditions of the immigrants, the ratio of the genders, especially birth rate occasions, the education circumstances of the immigrant children, the effects of the illegal passing on the public order. In addition, the demographic change caused by the immigrants will be analyzed, the changing economical conditions where the immigrants mostly accumulate, and their participation in public life will be worked on and the economical obstacles sourcing due to irregular immigration will be clarified. By the entire datum gathered from the educational, cultural, social, economic, demographical extents, the regional factors affecting the migration and the role of irregular migration in Turkey’s future security will be revealed by implication to current knowledge sources.

Keywords: displaced people, human security, irregular migration, refugees

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Authors: Baratali Monfaredraz

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The concept of justice has been able to occupy a lot of people’s minds and speeches for a long time. Justice has various dimensions such as economic justice, judicial justice, political justice, educational justice, ethnical justice and etc. Educational justice as one of the most basic dimensions of justice can alter our education in every field and it can flourish the talents and capabilities on macro level. One of the most efficient ways for social justice realization is to provide equal opportunities for all people in the society to be able to access equally to education as their human rights since today how progress occurs in education is regarded as the index of social development. On this basis, especially developing countries try to provide equal opportunities for all people in terms of access to education, specifically in higher education. At present, private education system violates the principles of conducting effort, meeting the needs and in part realizing the capabilities and so it cannot be justified to be a fair conductance. It seems that providing higher quality education in public schools and lowering role of teacher and educational facilities in educational achievement can be considered as a proper way to remove the discrimination in terms of unequal distribution of educational facilities. In addition, higher education development in deprived regions can initialize social activities among the inhabitants of these regions. Justice in educational field can result in access of all people to economic and social situations and job opportunities in future.

Keywords: educational justice, deprivation, private schools, higher education, job opportunities

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Authors: Vedat Senol, Gursoy Turan, Anders Helmersson, Vortechz Andersson

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In developing a mathematical model of a real structure, the simulation results of the model may not match the real structural response. This is a general problem that arises during dynamic motion of the structure, which may be modeled by means of parameter variations in the stiffness, damping, and mass matrices. These changes in parameters need to be estimated, and the mathematical model is updated to obtain higher control performances and robustness. In this study, a linear fractional transformation (LFT) is utilized for uncertainty modeling. Further, a general approach to the design of an H∞ control of a magneto-rheological damper (MRD) for vibration reduction in a building with mass, damping, and stiffness uncertainties is presented.

Keywords: uncertainty modeling, structural control, MR Damper, H∞, robust control

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Authors: Hao Huang

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INTRODUCTION: The Association of American Colleges and Universities (AACU) recommends the development of ‘high-impact practices,’ in an effort to increase rates of student retention and student engagement at undergraduate institutions. To achieve these goals, the Scripps College Humanities Institute and HI Fellows Seminar not only featured distinguished academics presenting their scholarship about current immigration policy and its consequences in the USA and around the world but integrated socially significant community leaders and creative activists/artivists in public talks, student workshops and collaborative art events. Students participated in experiential learning that involved guest personal presentations and discussions, oral history interviews that applied standard oral history methodologies, detailed cultural documentation, collaborative artistic interventions, and weekly posts in Internet Digital Learning Environment Sakai collaborative course forums and regular responses to other students’ comments. Our teaching pedagogies addressed the four learning styles outlined in Kolb’s Learning Style Inventory. PROJECT DESCRIPTION: Over the academic year 2017-18, the Scripps College Humanities Institute and HI Fellows Seminar presented a Fall 2017 topic, ‘The World at Our Doorsteps: Immigration and Deportation in Los Angeles’. Our purpose was to address how current federal government anti-immigration measures have affected many students of color, some of whom are immigrants, many of whom are related to and are friends with people who are impacted by the attitudes as well as the practices of the U.S. Citizenship and Immigration Services. In Spring 2018, we followed with the topic, ‘Exclusive Nationalisms: Global Migration and Immigration’. This addresses the rise of white supremacists who have ascended to position of power worldwide, in America, Europe, Russia, and xenophobic nationalisms in China, Myanmar and the Philippines. Recent scholarship has suggested the existence of categories of refugees beyond the political or social, who fit into the more inclusive category of migrants. ASSESSMENT METHODOLOGIES: Assessment methodologies not only included qualitative student interviews and quantitative student evaluations in standard rubric format, but also Outcome Assessments, Formative Evaluations, and Outside Guest Teacher feedback. These indicated that the most effective educational practices involved collaborative inquiry in undergraduate research, community-based learning, and capstone projects. Assessments of E-portfolios, written and oral coursework, and final creative projects with associated 10-12 page analytic paper revealed that students developed their understanding of how government and social organizations work; they developed communication skills that enhanced working with others from different backgrounds; they developed their ability to thoughtfully evaluate their course performance by adopting reflective practices; they gained analytic and interpretive skills that encouraged self-confidence and self- initiative not only academically, but also with regards to independent projects. CONCLUSION: Most importantly, the Scripps Humanities Institute experiential learning project spurred on real-world actions by our students, such as a public symposium on how to cope with bigots, a student tutoring program for immigrant staff children, student negotiations with the administration to establish meaningful, sustainable diversity and inclusion programs on-campus. Activism is not only to be taught to and for our students– it has to be enacted by our students.

Keywords: immigration, migration, human rights, learning assessment

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Authors: Renan Caseiro De Almeida, Mateus Mello Garrute

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The world walks to be ever more globalised. This trend promotes an increase on the number of transnational commercial transactions. The main modal for carriage of goods is by sea, and many countries have their economies dependent on the maritime freightage – it could be because they exercise largely this activity or because they follow the tendency of using the maritime logistic widely. Among these ones, Brazil is included. This nation counts with sixteen ports with good capacities, which receive most of the international income by sea. It is estimated that 85 per cent of the total influx of goods in Brazil is by maritime modal, leaving mere 15 per cent for the other ones. This made it necessary to develop maritime law in international and national basis, to create a standard to be applied with the intention to harmonize the transnational carriage of goods by sea. Maritime contracts are very specific and have interesting peculiarities, but in their range, little research has been made on what causes the main divergences when it comes to international contracts: the jurisdiction conflict. Likewise any other international contract, it is common for the parties to set a forum selection clause to choose the forum which will be able to judge the litigations that could rise from a maritime transport contract and, consequently, also which law should be applied to the cases. However, the forum choice in Brazil has always been somewhat polemical – not only in the maritime law sphere - for sometimes national tribunals overlook the parties’ choice and call the competence for themselves. In this sense, it is interesting to mention that the Mexico Convention of 1994 about the law applicable to international contracts did not gain strength in Brazil, nor even reached the Congress to be considered for ratification. Furthermore, it is also noteworthy that Brazil has a new Civil Procedure Code, which was put into reinforcement in 2016 bringing new legal provisions specifically about the forum selection. This represented a mark in the national legal system in this matter. Therefore, this paper intends to give an insight through Brazilian jurisprudence, making an analysis of how this issue has been treated on litigations about maritime contracts in the national tribunals, as well as the solutions found by the Brazilian legal system for the jurisdiction conflicts in those cases. To achieve the expected results, the hypothetical-deductive method will be used in combination with researches on doctrine and legislations. Also, jurisprudential research and case law study will have a special role, since the main point of this paper is to verify and study the position of the courts in Brazil in a specific matter. As a country of civil law, the Brazilian judges and tribunals are very attached to the rules displayed on codes. However, the jurisprudential understanding has been changing during the years and with the advent of the new rules about the applicable law and forum selection clause, it is noticeable that new winds are being blown.

Keywords: applicable law, forum selection clause, international business, international maritime contracts, litigation in courts

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Authors: Latika Choudhary

Abstract:

“The potential benefits of Artificial Intelligence are huge, So are the dangers.” - Dave Water. Artificial intelligence is one of the facet of Information technology domain which despite several attempts does not have a clear definition or ambit. However it can be understood as technology to solve problems via automated decisions and predictions. Artificial intelligence is essentially an algorithm based technology which analyses the large amounts of data and then solves problems by detecting useful patterns. Owing to its automated feature it will not be wrong to say that humans & AI have more utility than humans alone or computers alone.1 For many decades AI experienced enthusiasm as well as setbacks, yet it has today become part and parcel of our everyday life, making it convenient or at times problematic. AI and related technology encompass Intellectual Property in multiple ways, the most important being AI technology for management of Intellectual Property, IP for protecting AI and IP as a hindrance to the transparency of AI systems. Thus the relationship between the two is of reciprocity as IP influences AI and vice versa. While AI is a recent concept, the IP laws for protection or even dealing with its challenges are relatively older, raising the need for revision to keep up with the pace of technological advancements. This paper will analyze the relationship between AI and IP to determine how beneficial or conflictual the same is, address how the old concepts of IP are being stretched to its maximum limits so as to accommodate the unwanted consequences of the Artificial Intelligence and propose ways to mitigate the situation so that AI becomes the friend it is and not turn into a potential foe it appears to be.

Keywords: intellectual property rights, information technology, algorithm, artificial intelligence

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Authors: Zeynep Ozkan, Cigdem Serra Uzunpinar

Abstract:

Citizenship is a legal bond that binds a person to a certain state. How constitutions define ‘the citizen’ and how they regulate the elements of citizenship have great importance in terms of individuals’ duties before the state as well as the rights they own. Especially in multi-segmented societies that contain foreign elements, it becomes necessary to examinate the institution of naturalization in terms of individuals’ duty of constitutional citizenship. The meaning of citizenship in Turkey has transformed due to the changes in practices of naturalization, in parallel to receiving huge amount of immagrants with the recent Syrian Crisis, the change in the governmental system and facing economic crisis. This transformation took place in the way of a diversion from the states’ initial motive of building the bond of citizenship with the aim of founding/sustaining political unity. Hence, rising of the economic and political motives in naturalization practices are in question, instead of objective and subjective criterias, that are traditionally used on defining the notion of nation. In this study, firstly the regime of citizenship and the legal regime of aliens in Turkish legislation will be given place. Then, the transformation, that the notion of constitutional citizenship underwent, will be studied, especially on the basis of governmental practices of naturalization. The assessment will be made in the context of legal institutions brought with the new governmental system as a result of recent constitutional amendment.

Keywords: constitutional citizenship, naturalization, naturalization practices in Turkish legal system, transformation of the notion of constitutional citizenship

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Authors: Prof. Hao Mao, Phd Qia Wei, Dr.Siwei Cao

Abstract:

The administrative system is the organisational carrier for managing the operation of the market and the basic guarantee for achieving innovation incentives. This paper takes the reform of provincial administrative institutions in the process of Chinese national intellectual property administrative system reform in 2018 as a quasi-natural experiment to assess the impact of IP administrative system reform on enterprise innovation. The study finds that reducing the independence of some provincial administrative institutions will lead to a reduction in the number of local enterprises' innovations and a decrease in the quality of innovations, which is mainly triggered by a decrease in R&D investment due to a decrease in the strength of subsidy policies. The new round of intellectual property administrative system reform in 2023 elevated the administrative status of China National Intellectual Property Administration (CNIPA), and re-strengthened the top-level design and centralization of IP administration. This paper clarifies the role of the 2018 IP administrative system reform on China's market innovation, provides empirical evidence for the properly handling government market relations and property rights incentives and other institutional designs, and also provides empirical references for further promoting the improvement of national and local IP institutional mechanisms and the implementation of the innovation-driven development strategy in the new round of reform.

Keywords: intellectual property, administrative systems, reform, high-quality innovation

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Authors: Uluhan Berk Ondul

Abstract:

This article aims to shed light on the new stage of transitional justice in Argentina through examining the representations of the 2x1 decision of the Supreme Court and Santiago Maldonado’s Disappearance in the newspaper, La Nación. The two events hold the key to understanding Argentina’s journey since return to democracy as they are about the same crimes of the dictatorship, namely, the forced disappearance of civilians and the subsequent impunity that follows. In the case of a convicted torturer, The Supreme Court of Argentina ruled on 3rd of May 2017 that the days spent in preventive detention after two years should be counted double for the overall sentence. This court decision was met with severe resistance from the members of the parliament as well as the human rights movement. The second item on the list still continues and divides the country into two camps: (1) those who think that the police force has committed another act of forced disappearance in the case of activist Santiago Maldonado and (2) the others who blame the peronistas (the party and supporters of the ex-president Cristina Fernandez de Kirchner) of using this subject as a means to score political points. As a newspaper known for its proximity to the current administration, La Nación offers an insight to the direction of the country and also demonstrates how the neoliberal mindset works. The results of the study show that the transitional justice process in Argentina is far from being complete as the Promise of Nunca Más is still not a shared value but a political statement.

Keywords: Argentina, Fallo 2x1, impunity, Santiago Maldonado, transitional justice

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Authors: Igor Michel Gachig, Samanta Tiague

Abstract:

Baka ‘Pygmies’ is an indigenous community living in the rainforest region of Cameroon. This community is known to be poor and marginalized from the political, economic and social life, regardless of sedentarization and development efforts. In fact, the social exclusion of ‘Pygmy’ people prevents them from gaining basic citizen’s rights, among which access to education, land, healthcare, employment and justice. In this study, social interactions, behaviors, and perceptions were considered. An interview guide and focus group discussions were used to collect data. A sample size of 97 was used, with 60 Baka Pygmies and 37 Bantus from two Baka-Bantu settlements/villages of the south region of Cameroon. The data were classified in terms of homogenous, exhaustive and exclusive categories. This classification has enabled factors explaining social exclusion in the Baka community to be highlighted using content analysis. The study shows that (i) limited access to education, natural resources and care in modern healthcare organizations, and (ii) different views on the development expectations and integration approaches both highlight the social exclusion in the Baka ‘Pygmies’ community. Therefore, an effective and adequate social integration of ‘Pygmies’ based on cultural peculiarities and identity, as well as reduction of disparities and improvement of their access to education should be of major concern to the government and policy makers.

Keywords: development, indigenous people, integration, social exclusion

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