Search results for: underpinning legal theory
Commenced in January 2007
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Paper Count: 6242

Search results for: underpinning legal theory

5042 The Impact of China’s Waste Import Ban on the Waste Mining Economy in East Asia

Authors: Michael Picard

Abstract:

This proposal offers to shed light on the changing legal geography of the global waste economy. Global waste recycling has become a multi-billion-dollar industry. NASDAQ predicts the emergence of a worldwide 1,296G$ waste management market between 2017 and 2022. Underlining this evolution, a new generation of preferential waste-trade agreements has emerged in the Pacific. In the last decade, Japan has concluded a series of bilateral treaties with Asian countries, and most recently with China. An agreement between Tokyo and Beijing was formalized on 7 May 2008, which forged an economic partnership on waste transfer and mining. The agreement set up International Recycling Zones, where certified recycling plants in China process industrial waste imported from Japan. Under the joint venture, Chinese companies salvage the embedded value from Japanese industrial discards, reprocess them and send them back to Japanese manufacturers, such as Mitsubishi and Panasonic. This circular economy is designed to convert surplus garbage into surplus value. Ever since the opening of Sino-Japanese eco-parks, millions of tons of plastic and e-waste have been exported from Japan to China every year. Yet, quite unexpectedly, China has recently closed its waste market to imports, jeopardizing Japan’s billion-dollar exports to China. China notified the WTO that, by the end of 2017, it would no longer accept imports of plastics and certain metals. Given China’s share of Japanese waste exports, a complete closure of China’s market would require Japan to find new uses for its recyclable industrial trash generated domestically every year. It remains to be seen how China will effectively implement its ban on waste imports, considering the economic interests at stake. At this stage, what remains to be clarified is whether China's ban on waste imports will negatively affect the recycling trade between Japan and China. What is clear, though, is the rapid transformation in the legal geography of waste mining in East-Asia. For decades, East-Asian waste trade had been tied up in an ‘ecologically unequal exchange’ between the Japanese core and the Chinese periphery. This global unequal waste distribution could be measured by the Environmental Stringency Index, which revealed that waste regulation was 39% weaker in the Global South than in Japan. This explains why Japan could legally export its hazardous plastic and electronic discards to China. The asymmetric flow of hazardous waste between Japan and China carried the colonial heritage of international law. The legal geography of waste distribution was closely associated to the imperial construction of an ecological trade imbalance between the Japanese source and the Chinese sink. Thus, China’s recent decision to ban hazardous waste imports is a sign of a broader ecological shift. As a global economic superpower, China announced to the world it would no longer be the planet’s junkyard. The policy change will have profound consequences on the global circulation of waste, re-routing global waste towards countries south of China, such as Vietnam and Malaysia. By the time the Berlin Conference takes place in May 2018, the presentation will be able to assess more accurately the effect of the Chinese ban on the transboundary movement of waste in Asia.

Keywords: Asia, ecological unequal exchange, global waste trade, legal geography

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5041 Balancing Justice: A Critical Analysis of Plea Bargaining's Impact on Uganda's Criminal Justice System

Authors: Mukisa Daphine Letisha

Abstract:

Plea bargaining, a practice often associated with more developed legal systems, has emerged as a significant tool within Uganda's criminal justice system despite its absence in formal legal structures inherited from its colonial past. Initiated in 2013 with the aim of reducing case backlogs, expediting trials, and addressing prison congestion, plea bargaining reflects a pragmatic response to systemic challenges. While rooted in international statutes and domestic constitutional provisions, its implementation relies heavily on the Judicature (Plea Bargain) Rules of 2016, which outline procedural requirements and safeguards. Advocates argue that plea bargaining has yielded tangible benefits, including a reduction in case backlog and efficient allocation of resources, with notable support from judicial and prosecutorial authorities. Case examples demonstrate successful outcomes, with accused individuals benefitting from reduced sentences in exchange for guilty pleas. However, challenges persist, including procedural irregularities, inadequate statutory provisions, and concerns about coercion and imbalance of power between prosecutors and accused individuals. To enhance efficacy, recommendations focus on establishing monitoring mechanisms, stakeholder training, and public sensitization campaigns. In conclusion, while plea bargaining offers potential advantages in streamlining Uganda's criminal justice system, addressing its challenges requires careful consideration of procedural safeguards and stakeholder engagement to ensure fairness and integrity in the administration of justice.

Keywords: plea-bargaining, criminal-justice system, uganda, efficacy

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5040 Cultural Heritage, Manga, and Film: Japanese Tourism at Petit Trianon, Versailles

Authors: Denise C. I. Maior-Barron

Abstract:

This conference presentation proposes to discuss the Japanese tourist perception of Marie Antoinette, at the heritage site which represents the home par excellence of the last Queen of France: Petit Trianon, Versailles. The underpinning analysis has a two-fold aim of firstly identifying the elements that contributed at the said perception and secondly of placing this in the wider context of tabi (travel) culture. The contribution of the presentation lies in its relevance to the analysis of postmodern trends of Japanese travel culture in relation to the consumption of European cultural heritage, through an insight into Japanese contemporary perception of heritage sites and their associated historical figures subject to controversy. Based upon the author’s doctoral studies field research at Petit Trianon - survey led in situ between 2010-2012, applied with the questionnaire method on a total of 307 respondents out of which 53 Japanese nationals - the media sources that were revealed to have had a direct influence on these nationals’ perception of Marie Antoinette, were Riyoko Ikeda’s shōjo manga La Rose de Versailles (1972) and Sofia Coppola’s film Marie-Antoinette (2006). The interpretation of the survey results through an assessment of visitor discourse determined the research methodology to be qualitative as opposed to quantitative, thus what confirmed the empirical hypothesis of the survey was a pattern of perception instead of percentages. Consequently, the interpretation focused on the answers to the questions relating to the image of Marie Antoinette in relation to historical knowledge, cultural background and last but not least media influences.

Keywords: cultural heritage, manga, film, tabi

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5039 Shiite and Secular Approaches to Gender Minorities: A Comparative Study of Iran, Turkey, and Germany

Authors: Morteza Azimi

Abstract:

The demand for recognition among LGBTQIA+ groups has grown significantly in modern times, particularly since the second half of the twentieth century, when human rights discourse became increasingly prominent, especially in the West. In contrast, the classic readings of the Quran and Hadith, whose roots lie in pre-modern times, and the Shiite Figh (Islamic jurisprudence) seem not to be updated and responsive to the need for recognition by gender minority identities. Moreover, the recognition of such minority identities within Shiite Islam and its intersection with secular frameworks remains an underexplored topic. This paper explores what Islamic texts, such as the Quran, Hadith, and Shiite Fiqh, address regarding the recognition and rights of gender minorities. It further examines the Islamic Republic of Iran as an example of a dominant Shiite political system, comparing it with Turkey and Germany as secular models. While Turkey, a secular state, is deeply influenced by its predominantly Muslim population and culture, Germany represents a Western model characterized by the widespread recognition of LGBTQIA+ rights. The rationale for this comparative approach lies in understanding how different political systems influence the recognition of gender minorities. Moreover, the study investigates whether Shiite Islamic frameworks can provide solutions to these demands or whether secular systems, as exemplified by Turkey and Germany, are more effective in addressing issues of gender minorities. Hence, this study offers a novel perspective by juxtaposing Shiite Islamic textual interpretations with secular legal frameworks to explore the evolving recognition of gender minorities, demonstrating how varying political and cultural contexts shape the lived experiences of LGBTQIA+ individuals in Iran, Turkey, and Germany. This research relies on secondary literature as the primary data source, especially regarding the issue of gender in Shiite Islamic texts. The author employs a comparative textual analysis of Shiite Islamic texts (e.g., Quran, Hadith, and Fiqh) and secular legal frameworks in Turkey and Germany to explore how different systems address the recognition of gender minorities. Findings reveal that classical interpretations of Islamic texts and Shiite Fiqh employed by the Islamic Republic of Iran fail to provide laws and frameworks that recognize LGBTQIA+ identities. This gap contributes to the marginalization of gender minority identities, fostering environments of suppression, violence, and exclusion. The findings of this study could inform policymaking and advocacy efforts by shedding light on the necessity of a change toward inclusive legal and cultural frameworks for gender minorities in Muslim countries like Iran.

Keywords: gender minorities, LGBTQIA+ recognition, shiite islam, comparative analysis

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5038 Critical Realism as a Bridge between Critical Pedagogy and Queer Theory

Authors: Mike Seal

Abstract:

This paper explores the traditions of critical and queer pedagogy, its intersections, tensions and paradoxes. Critical pedagogy, with a materialist realist ontology, and queer theory, which is often post-modern, post-structural and anti-essential, may not seem compatible. Similarly, there are tensions between activist orientations, often enacted through essential sexual identities, and a queer approach that questions such identities and subjectivities. It will argue that critical realism gives us a bridge between critical and queer pedagogy in preserving a realist materialist ontology, where economic forces are real, and independent of consciousness and hermeneutic constructions of them. At the same time, it offers an epistemology that does not necessitate a binary view of the roles of the oppressed, liberator, or even oppressor. It accepts that our knowledge is contingent, partial and contestable, but has the potential, and enough validity, to demand action and potentially inform the actions of others.

Keywords: critical pedagogy, queer pedagogy, critical realsim, heteronormativity

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5037 The Contribution of the Lomé Charter to Combating Drugs Trafficking at Sea: Nigerian and South African Legal Perspectives

Authors: Obinna Emmanuel Nkomadu

Abstract:

The sea attracts many criminal activities including drug trafficking. The illicit traffic in narcotic drugs and psychotropic substances by sea poses a serious threat to maritime security globally. The seizure of drugs, particularly, on the African continent is on the raise. In terms of Southern Africa, South Africa is a major transit point for Latin American drugs and South Africa is the largest market for illicit drugs entering the Southern African region. Nigeria and South Africa have taken a number of steps to address this scourge, but, despite those steps, drugs trafficking at sea continues. For that reason and to combat a number of other threats to maritime security around the continent, a substantial number of AU members in 2016 adopted the African Charter on Maritime Security and Safety and Development in Africa (“the Charter”). However, the Charter is yet to come into force due to the number of States required to accede or ratify the Charter. This paper set out the pre-existing international instruments on drugs, to ascertain the domestic laws of Nigeria and South Africa relating to drugs with the relevant provisions of the Lomé Charter in order to establish whether any legal steps are required to ensure that Nigeria and South Africa comply with its obligations under the Charter. Indeed, should Nigeria and South Africa decide to ratify it and should it come into force, both States must cooperate with other relevant States in establishing policies, as well as a regional and continental institutions, and ensure the implementation of such policies. The paper urged the States to urgently ratify the Charter as it is a step in the right direction in the prevention and repression of drugs trafficking on the African maritime domain.

Keywords: cooperation against drugs trafficking at sea, Lomé Charter, maritime security, Nigerian and South Africa legislation on drugs

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5036 Analysis of Complex Business Negotiations: Contributions from Agency-Theory

Authors: Jan Van Uden

Abstract:

The paper reviews classical agency-theory and its contributions to the analysis of complex business negotiations and gives an approach for the modification of the basic agency-model in order to examine the negotiation specific dimensions of agency-problems. By illustrating fundamental potentials for the modification of agency-theory in context of business negotiations the paper highlights recent empirical research that investigates agent-based negotiations and inter-team constellations. A general theoretical analysis of complex negotiation would be based on a two-level approach. First, the modification of the basic agency-model in order to illustrate the organizational context of business negotiations (i.e., multi-agent issues, common-agencies, multi-period models and the concept of bounded rationality). Second, the application of the modified agency-model on complex business negotiations to identify agency-problems and relating areas of risk in the negotiation process. The paper is placed on the first level of analysis – the modification. The method builds on the one hand on insights from behavior decision research (BRD) and on the other hand on findings from agency-theory as normative directives to the modification of the basic model. Through neoclassical assumptions concerning the fundamental aspects of agency-relationships in business negotiations (i.e., asymmetric information, self-interest, risk preferences and conflict of interests), agency-theory helps to draw solutions on stated worst-case-scenarios taken from the daily negotiation routine. As agency-theory is the only universal approach able to identify trade-offs between certain aspects of economic cooperation, insights obtained provide a deeper understanding of the forces that shape business negotiation complexity. The need for a modification of the basic model is illustrated by highlighting selected issues of business negotiations from agency-theory perspective: Negotiation Teams require a multi-agent approach under the condition that often decision-makers as superior-agents are part of the team. The diversity of competences and decision-making authority is a phenomenon that overrides the assumptions of classical agency-theory and varies greatly in context of certain forms of business negotiations. Further, the basic model is bound to dyadic relationships preceded by the delegation of decision-making authority and builds on a contractual created (vertical) hierarchy. As a result, horizontal dynamics within the negotiation team playing an important role for negotiation success are therefore not considered in the investigation of agency-problems. Also, the trade-off between short-term relationships within the negotiation sphere and the long-term relationships of the corporate sphere calls for a multi-period perspective taking into account the sphere-specific governance-mechanisms already established (i.e., reward and monitoring systems). Within the analysis, the implementation of bounded rationality is closely related to findings from BRD to assess the impact of negotiation behavior on underlying principal-agent-relationships. As empirical findings show, the disclosure and reservation of information to the agent affect his negotiation behavior as well as final negotiation outcomes. Last, in context of business negotiations, asymmetric information is often intended by decision-makers acting as superior-agents or principals which calls for a bilateral risk-approach to agency-relations.

Keywords: business negotiations, agency-theory, negotiation analysis, interteam negotiations

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5035 Lyapunov and Input-to-State Stability of Stochastic Differential Equations

Authors: Arcady Ponosov, Ramazan Kadiev

Abstract:

Input-to-State Stability (ISS) is widely used in deterministic control theory but less known in the stochastic case. Roughly speaking, the theory explains when small perturbations of the right-hand sides of the system on the entire semiaxis cause only small changes in the solutions of the system, again on the entire semiaxis. This property is crucial in many applications. In the report, we explain how to define and study ISS for systems of linear stochastic differential equations with or without delays. The central result connects ISS with the property of Lyapunov stability. This relationship is well-known in the deterministic setting, but its stochastic version is new. As an application, a method of studying asymptotic Lyapunov stability for stochastic delay equations is described and justified. Several examples are provided that confirm the efficiency and simplicity of the framework.

Keywords: asymptotic stability, delay equations, operator methods, stochastic perturbations

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5034 Testing Two Actors Contextual Interaction Theory in a Multi Actors Context: Case of COVID-19 Disease Prevention and Control Policy

Authors: Muhammad Fayyaz Nazir, Ellen Wayenberg, Shahzadaah Faahed Qureshi

Abstract:

Introduction: The study is based on the Contextual Interaction Theory (CIT) constructs to explore the role of policy actors in implementing the COVID-19 Disease Prevention and Control (DP&C) Policy. The study analyzes the role of healthcare workers' contextual factors, such as cognition, motives, and resources, and their interactions in implementing Social Distancing (SD). In this way, we test a two actors policy implementation theory, i.e., the CIT in a three-actor context. Methods: Data was collected through document analysis and semi-structured interviews. For a qualitative study design, interviews were conducted with questions on cognition, motives, and resources from the healthcare workers involved in implementing SD in the local context in Multan – Pakistan. The possible interactions resulting from contextual factors of the policy actors – healthcare workers were identified through framework analysis protocol guided by CIT and supported by trustworthiness criterion and data saturation. Results: This inquiry resulted in theory application, addition, and enrichment. The theoretical application in the three actor's contexts illustrates the different levels of motives, cognition, and resources of healthcare workers – senior administrators, managers, and healthcare professionals. The senior administrators working in National Command and Operations Center (NCOC), Provincial Technical Committees (PTCs), and Districts Covid Teams (DCTs) were playing their role with high motivation. They were fully informed about the policy and moderately resourceful. The policy implementors: healthcare managers working on implementing the SD within their respective hospitals were playing their role with high motivation and were fully informed about the policy. However, they lacked the required resources to implement SD. The target medical and allied healthcare professionals were moderately motivated but lack of resources and information. The interaction resulted in cooperation and the need for learning to manage the future healthcare crisis. However, the lack of resources created opposition to the implementation of SD. Objectives of the Study: The study aimed to apply a two actors theory in a multi actors context. We take this as an opportunity to qualitatively test the theory in a novel situation of the Covid-19 pandemic and make way for its quantitative application by designing a survey instrument so that implementation researchers can apply CIT through multivariate analyses or higher-order statistical modeling. Conclusion: Applying two actors' implementation theory in exploring a complex case of healthcare intervention in three actors context is a unique work that has never been done before, up to the best of our knowledge. So, the work will contribute to the policy implementation studies by applying, extending, and enriching an implementation theory in a novel case of the Covi-19 pandemic, ultimately fulfilling the gap in implementation literature. Policy institutions and other low or middle-income countries can learn from this research and improve SD implementation by working on the variables with weak significance levels.

Keywords: COVID-19, disease prevention and control policy, implementation, policy actors, social distancing

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5033 Multidimensional Item Response Theory Models for Practical Application in Large Tests Designed to Measure Multiple Constructs

Authors: Maria Fernanda Ordoñez Martinez, Alvaro Mauricio Montenegro

Abstract:

This work presents a statistical methodology for measuring and founding constructs in Latent Semantic Analysis. This approach uses the qualities of Factor Analysis in binary data with interpretations present on Item Response Theory. More precisely, we propose initially reducing dimensionality with specific use of Principal Component Analysis for the linguistic data and then, producing axes of groups made from a clustering analysis of the semantic data. This approach allows the user to give meaning to previous clusters and found the real latent structure presented by data. The methodology is applied in a set of real semantic data presenting impressive results for the coherence, speed and precision.

Keywords: semantic analysis, factorial analysis, dimension reduction, penalized logistic regression

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5032 Using the Theory of Reasoned Action and Parental Mediation Theory to Examine Cyberbullying Perpetration among Children and Adolescents

Authors: Shirley S. Ho

Abstract:

The advancement and development of social media have inadvertently brought about a new form of bullying – cyberbullying – that transcends across physical boundaries of space. Although extensive research has been conducted in the field of cyberbullying, most of these studies have taken an overwhelmingly empirical angle. Theories guiding cyberbullying research are few. Furthermore, very few studies have explored the association between parental mediation and cyberbullying, with majority of existing studies focusing on cyberbullying victimization rather than perpetration. Therefore, this present study investigates cyberbullying perpetration from a theoretical angle, with a focus on the Theory of Reasoned Action and the Parental Mediation Theory. More specifically, this study examines the direct effects of attitude, subjective norms, descriptive norms, injunctive norms and active mediation and restrictive mediation on cyberbullying perpetration on social media among children and adolescents in Singapore. Furthermore, the moderating role of age on the relationship between parental mediation and cyberbullying perpetration on social media are examined. A self-administered paper-and-pencil nationally-representative survey was conducted. Multi-stage cluster random sampling was used to ensure that schools from all the four (North, South, East, and West) regions of Singapore were equally represented in the sample used for the survey. In all 607 upper primary school children (i.e., Primary 4 to 6 students) and 782 secondary school adolescents participated in our survey. The total average response rates were 69.6% for student participation. An ordinary least squares hierarchical regression analysis was conducted to test the hypotheses and research questions. The results revealed that attitude and subjective norms were positively associated with cyberbullying perpetration on social media. Descriptive norms and injunctive norms were not found to be significantly associated with cyberbullying perpetration. The results also showed that both parental mediation strategies were negatively associated with cyberbullying perpetration on social media. Age was a significant moderator of both parental mediation strategies and cyberbullying perpetration. The negative relationship between active mediation and cyberbullying perpetration was found to be greater in the case of children than adolescents. Children who received high restrictive parental mediation were less likely to perform cyberbullying behaviors, while adolescents who received high restrictive parental mediation were more likely to be engaged in cyberbullying perpetration. The study reveals that parents should apply active mediation and restrictive mediation in different ways for children and adolescents when trying to prevent cyberbullying perpetration. The effectiveness of active parental mediation for reducing cyberbullying perpetration was more in the case of children than for adolescents. Younger children were found to be more likely to respond more positively toward restrictive parental mediation strategies, but in the case of adolescents, overly restrictive control was found to increase cyberbullying perpetration. Adolescents exhibited less cyberbullying behaviors when under low restrictive strategies. Findings highlight that the Theory of Reasoned Action and Parental Mediation Theory are promising frameworks to apply in the examination of cyberbullying perpetration. The findings that different parental mediation strategies had differing effectiveness, based on the children’s age, bring about several practical implications that may benefit educators and parents when addressing their children’s online risk.

Keywords: cyberbullying perpetration, theory of reasoned action, parental mediation, social media, Singapore

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5031 Discourse Analysis and Semiotic Researches: Using Michael Halliday's Sociosemiotic Theory

Authors: Deyu Yuan

Abstract:

Discourse analysis as an interdisciplinary approach has more than 60-years-history since it was first named by Zellig Harris in 'Discourse Analysis' on Language in 1952. Ferdinand de Saussure differentiated the 'parole' from the 'langue' that established the principle of focusing on language but not speech. So the rising of discourse analysis can be seen as a discursive turn for the entire language research that closely related to the theory of Speech act. Critical discourse analysis becomes the mainstream of contemporary language research through drawing upon M. A. K. Halliday's socio-semiotic theory and Foucault, Barthes, Bourdieu's views on the sign, discourse, and ideology. So in contrast to general semiotics, social semiotics mainly focuses on parole and the application of semiotic theories to some applicable fields. The article attempts to discuss this applicable sociosemiotics and show the features of it that differ from the Saussurian and Peircian semiotics in four aspects: 1) the sign system is about meaning-generation resource in the social context; 2) the sign system conforms to social and cultural changes with the form of metaphor and connotation; 3) sociosemiotics concerns about five applicable principles including the personal authority principle, non-personal authority principle, consistency principle, model demonstration principle, the expertise principle to deepen specific communication; 4) the study of symbolic functions is targeted to the characteristics of ideational, interpersonal and interactional function in social communication process. Then the paper describes six features which characterize this sociosemiotics as applicable semiotics: social, systematic, usable interdisciplinary, dynamic, and multi-modal characteristics. Thirdly, the paper explores the multi-modal choices of sociosemiotics in the respects of genre, discourse, and style. Finally, the paper discusses the relationship between theory and practice in social semiotics and proposes a relatively comprehensive theoretical framework for social semiotics as applicable semiotics.

Keywords: discourse analysis, sociosemiotics, pragmatics, ideology

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5030 Impact of Newspaper Coverage of 2015 General Elections in Nigeria

Authors: Shola H. Adeosun, Lekan M. Togunwa, Kolawole Z. Amos

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This paper appraises ‘Newspaper Coverage of 2015 General Election: A study of The Punch and Guardian Newspapers’. The objectives of the study were to examine how credible newspaper reports of 2015 election were and to examine the significant role Nigeria Newspapers played in the 2015 general elections. Also this study examined the extent at which the print media contributed to the success of 2015 general election and to ascertain the extent at which print media reports serve as a tool for sensitizing the masses. The research questions that guided this research include: How credible was newspaper report of 2015 general election? To what extent did the print media contributed to the success of 2015 general elections? To what extent did the print media reports serve as a tool for sensitizing the masses? The research work was given solid theoretical foundation with the review of Agenda-setting theory, Media System Dependency Theory and Normative theories. This study was given solid theoretical foundation with the review of Agenda-setting theory, Media Dependency Theory and Normative theories. The theory was conducted using content analysis method of research and 30 publications of both The Guardian and Punch Newspaper between January 1st and March 30, 2015 forms the population for this research work. Selection of the dates and editions of Newspaper under study were done using the composite week sampling technique. All the days of the week were used for the newspapers because they (The Punch and The Guardian) are published all the days of the week. Coding sheet was the tool of data collection for the content analysis of this study. Findings of the study revealed that by the Punch newspaper and Guardian has played a significant role in eradicating election malpractices in Nigeria. It therefore concludes that media is metaphoric when we termed it to be a watchdog of the nation as well the mirror through which the nation see and recognize itself. The study also recommends that Nigerian media should strike balance between entertainment stories, crisis stories, economic stories, law story, education stories, terrorism stories, health stories, sport stories, metropolitan stories instead of portraying the country as being crime oriented.

Keywords: newspaper, coverage, general elections, impact

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5029 The Significance of Islamic Concept of Good Faith to Cure Flaws in Public International Law

Authors: M. A. H. Barry

Abstract:

The concept of Good faith (husn al-niyyah) and fair-dealing (Nadl) are the fundamental guiding elements in all contracts and other agreements under Islamic law. The preaching of Al-Quran and Prophet Muhammad’s (Peace Be upon Him) firmly command people to act in good faith in all dealings. There are several Quran verses and the Prophet’s saying which stressed the significance of dealing honestly and fairly in all transactions. Under the English law, the good faith is not considered a fundamental requirement for the formation of a legal contract. However, the concept of Good Faith in private contracts is recognized by the civil law system and in Article 7(1) of the Convention on International Sale of Goods (CISG-Vienna Convention-1980). It took several centuries for the international trading community to recognize the significance of the concept of good faith for the international sale of goods transactions. Nevertheless, the recognition of good faith in Civil law is only confined for the commercial contracts. Subsequently to the CISG, this concept has made inroads into the private international law. There are submissions in favour of applying the good faith concept to public international law based on tacit recognition by the international conventions and International Tribunals. However, under public international law the concept of good faith is not recognized as a source of rights or obligations. This weakens the spirit of the good faith concept, particularly when determining the international disputes. This also creates a fundamental flaw because the absence of good faith application means the breaches tainted by bad faith are tolerated. The objective of this research is to evaluate, examine and analyze the application of the concept of good faith in the modern laws and identify its limitation, in comparison with Islamic concept of good faith. This paper also identifies the problems and issues connected with the non-application of this concept to public international law. This research consists of three key components (1) the preliminary inquiry (2) subject analysis and discovery of research results, and (3) examining the challenging problems, and concluding with proposals. The preliminary inquiry is based on both the primary and secondary sources. The same sources are used for the subject analysis. This research also has both inductive and deductive features. The Islamic concept of good faith covers all situations and circumstances where the bad faith causes unfairness to the affected parties, especially the weak parties. Under the Islamic law, the concept of good faith is a source of rights and obligations as Islam prohibits any person committing wrongful or delinquent acts in any dealing whether in a private or public life. This rule is applicable not only for individuals but also for institutions, states, and international organizations. This paper explains how the unfairness is caused by non-recognition of the good faith concept as a source of rights or obligations under public international law and provides legal and non-legal reasons to show why the Islamic formulation is important.

Keywords: good faith, the civil law system, the Islamic concept, public international law

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5028 Foreign News Coverage in Conservative and Liberal U.S. Newspapers: A Case Study of Saudi Arabia

Authors: Mohammed Huraysi

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This research will investigate the historical coverage of foreign issues in U.S. newspapers. The study will focus on three main areas, which are coverage of wars, foreign leaders, and human rights in foreign countries, and analyze them by applying the framing theory to news stories about Saudi Arabia, used as a case study, within two different newspapers over some time Wall Street Journal and The New York Times will be investigated and representative of two distinct newspaper orientations, which are conservative and liberal ideological orientations. By the end of this research study, comprehensive coverage of these topics in U.S. newspapers from past to present will be provided, leading to an ability to discover consistency or lack thereof, explain the present, and devise future expectations.

Keywords: framing theory, US newspapers, historical research, Saudi Arabia

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5027 Comparing the Motion of Solar System with Water Droplet Motion to Predict the Future of Solar System

Authors: Areena Bhatti

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The geometric arrangement of planet and moon is the result of a self-organizing system. In our solar system, the planets and moons are constantly orbiting around the sun. The aim of this theory is to compare the motion of a solar system with the motion of water droplet when poured into a water body. The basic methodology is to compare both motions to know how they are related to each other. The difference between both systems will be that one is extremely fast, and the other is extremely slow. The role of this theory is that by looking at the fast system we can conclude how slow the system will get to an end. Just like ripples are formed around water droplet that move away from the droplet and water droplet forming those ripples become small in size will tell us how solar system will behave in the same way. So it is concluded that large and small systems can work under the same process but with different motions of time, and motion of the solar system is the slowest form of water droplet motion.

Keywords: motion, water, sun, time

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5026 A New Framework for ECG Signal Modeling and Compression Based on Compressed Sensing Theory

Authors: Siavash Eftekharifar, Tohid Yousefi Rezaii, Mahdi Shamsi

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The purpose of this paper is to exploit compressed sensing (CS) method in order to model and compress the electrocardiogram (ECG) signals at a high compression ratio. In order to obtain a sparse representation of the ECG signals, first a suitable basis matrix with Gaussian kernels, which are shown to nicely fit the ECG signals, is constructed. Then the sparse model is extracted by applying some optimization technique. Finally, the CS theory is utilized to obtain a compressed version of the sparse signal. Reconstruction of the ECG signal from the compressed version is also done to prove the reliability of the algorithm. At this stage, a greedy optimization technique is used to reconstruct the ECG signal and the Mean Square Error (MSE) is calculated to evaluate the precision of the proposed compression method.

Keywords: compressed sensing, ECG compression, Gaussian kernel, sparse representation

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5025 Cognitive Semantics Study of Conceptual and Metonymical Expressions in Johnson's Speeches about COVID-19

Authors: Hussain Hameed Mayuuf

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The study is an attempt to investigate the conceptual metonymies is used in political discourse about COVID-19. Thus, this study tries to analyze and investigate how the conceptual metonymies in Johnson's speech about coronavirus are constructed. This study aims at: Identifying how are metonymies relevant to understand the messages in Boris Johnson speeches and to find out how can conceptual blending theory help people to understand the messages in the political speech about COVID-19. Lastly, it tries to Point out the kinds of integration networks are common in political speech. The study is based on the hypotheses that conceptual blending theory is a powerful tool for investigating the intended messages in Johnson's speech and there are different processes of blending networks and conceptual mapping that enable the listeners to identify the messages in political speech. This study presents a qualitative and quantitative analysis of four speeches about COVID-19; they are said by Boris Johnson. The selected data have been tackled from the cognitive-semantic perspective by adopting Conceptual Blending Theory as a model for the analysis. It concludes that CBT is applicable to the analysis of metonymies in political discourse. Its mechanisms enable listeners to analyze and understand these speeches. Also the listener can identify and understand the hidden messages in Biden and Johnson's discourse about COVID-19 by using different conceptual networks. Finally, it is concluded that the double scope networks are the most common types of blending of metonymies in the political speech.

Keywords: cognitive, semantics, conceptual, metonymical, Covid-19

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5024 The Targeting Logic of Terrorist Groups in the Sahel

Authors: Mathieu Bere

Abstract:

Al-Qaeda and Islamic State-affiliated groups such as Ja’amat Nusra al Islam Wal Muslimim (JNIM) and the Islamic State-Greater Sahara Faction, which is now part of the Boko Haram splinter group, Islamic State in West Africa, were responsible, between 2018 and 2020, for at least 1.333 violent incidents against both military and civilian targets, including the assassination and kidnapping for ransom of Western citizens in Mali, Burkina Faso and Niger, the Central Sahel. Protecting civilians from the terrorist violence that is now spreading from the Sahel to the coastal countries of West Africa has been very challenging, mainly because of the many unknowns that surround the perpetrators. To contribute to a better protection of civilians in the region, this paper aims to shed light on the motivations and targeting logic of jihadist perpetrators of terrorist violence against civilians in the central Sahel region. To that end, it draws on relevant secondary data retrieved from datasets, the media, and the existing literature, but also on primary data collected through interviews and surveys in Burkina Faso. An analysis of the data with the support of qualitative and statistical analysis software shows that military and rational strategic motives, more than purely ideological or religious motives, have been the main drivers of terrorist violence that strategically targeted government symbols and representatives as well as local leaders in the central Sahel. Behind this targeting logic, the jihadist grand strategy emerges: wiping out the Western-inspired legal, education and governance system in order to replace it with an Islamic, sharia-based political, legal, and educational system.

Keywords: terrorism, jihadism, Sahel, targeting logic

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5023 Neurosciences in Entrepreneurship: The Multitasking Case in Favor of Social Entrepreneurship Innovation

Authors: Berger Aida

Abstract:

Social entrepreneurship has emerged as an active area of practice and research within the last three decades and has called for a focus on Social Entrepreneurship innovation. Areas such as academics, practitioners , institutions or governments have placed Social Entrepreneurship on the priority list of reflexion and action. It has been accepted that Social entrepreneurship (SE) shares large similarities with its parent, Traditional Entrepreneurship (TE). SE has grown over the past ten years exploring entrepreneurial cognition and the analysis of the ways of thinking of entrepreneurs. The research community believes that value exists in grounding entrepreneurship in neuroscience and notes that SE, like Traditional Entrepreneurship, needs to undergo efforts in clarification, definition and differentiation. Moreover, gaps in SE research call for integrative multistage and multilevel framework for further research. The cognitive processes underpinning entrepreneurial action are similar for SE and TE even if Social Entrepreneurship orientation shows an increased empathy value. Theoretically, there is a need to develop sound models of how to process functions and how to work more effectively as entrepreneurs and research on efficiency improvement calls for the analysis of the most common practices in entrepreneurship. Multitasking has been recognized as a daily and unavoidable habit of entrepreneurs. Hence, we believe in the need of analyzing the multiple task phenomena as a methodology for skill acquisition. We will conduct our paper including Social Entrepreneurship within the wider spectrum of Traditional Entrepreneurship, for the purpose of simplifying the neuroscientific lecture of the entrepreneurial cognition. A question to be inquired is to know if there is a way of developing multitasking habits in order to improve entrepreneurial skills such as speed of information processing , creativity and adaptability . Nevertheless, the direct link between the neuroscientific approach to multitasking and entrepreneurship effectiveness is yet to be uncovered. That is why an extensive Literature Review on Multitasking is a propos.

Keywords: cognitive, entrepreneurial, empathy, multitasking

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5022 Traditional Mechanisms of Conflict Resolution in Africa: A Pathway to Sustainable Peace in Nigeria

Authors: Ejovi Eghwubare Augustine

Abstract:

This study delved into the traditional mechanisms of conflict resolution in Africa, a pathway to sustainable peace in Nigeria. It deployed the quantitative and qualitative methods of data collection and content analysis. The work adopted the Peace Process theory propounded by John Darby and Roger Macunity. It ascertained that disputes or disagreements are unarguably and necessarily an inevitable part of human existence, flowing directly from communication, interaction, and relationships which can occur at individual and national levels, even at international levels in view of the current trend of globalization. The alternative Dispute Resolution (ADR) mechanism is a basket of procedures outside the traditional process of litigation or strict determination of legal rights. It may also be elucidated as a range of procedures that serve as generally involve the intercession and assistance of a neutral and impartial third party. The traditional mechanisms of conflict resolution in Africa are alien to the Western world; this paper is of utmost importance to the Western world and also enriched their pool of literature. Nigeria is a country that is dominated by various ethnic groups anchored on diverse cultures, customs, and traditions. It is, therefore, not surprising to see conflicts arise, and despite the various attempts at resolving these conflicts through litigation, they still remained unabated. The paper investigated the lessons learned from Traditional Mechanisms of Conflict resolution; it also interrogated its impact and the way forward. In light of the lessons that were learned and the impact of the traditional mechanisms of conflict resolution, suggestions on how to attain a sustainable, peaceful society were proffered. In conclusion, the study crystallized reforms on the alternative dispute resolution introduced through the traditional mechanism, which includes, amongst others, that constitutional recognition should be given to traditional institutions of conflict resolution to enable quick dispensation of matters.

Keywords: traditional, conflict, peace, resolution

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5021 Existing International Cooperation Mechanisms and Proposals to Enhance Their Effectiveness for Marine-Based Geoengineering Governance

Authors: Aylin Mohammadalipour Tofighi

Abstract:

Marine-based geoengineering methods, proposed to mitigate climate change, operate primarily through two mechanisms: reducing atmospheric carbon dioxide levels and diminishing solar absorption by the oceans. While these approaches promise beneficial outcomes, they are fraught with environmental, legal, ethical, and political challenges, necessitating robust international governance. This paper underscores the critical role of international cooperation within the governance framework, offering a focused analysis of existing international environmental mechanisms applicable to marine-based geoengineering governance. It evaluates the efficacy and limitations of current international legal structures, including treaties and organizations, in managing marine-based geoengineering, noting significant gaps such as the absence of specific regulations, dedicated international entities, and explicit governance mechanisms such as monitoring. To rectify these problems, the paper advocates for concrete steps to bolster international cooperation. These include the formulation of dedicated marine-based geoengineering guidelines within international agreements, the establishment of specialized supervisory entities, and the promotion of transparent, global consensus-building. These recommendations aim to foster governance that is environmentally sustainable, ethically sound, and politically feasible, thereby enhancing knowledge exchange, spurring innovation, and advancing the development of marine-based geoengineering approaches. This study emphasizes the importance of collaborative approaches in managing the complexities of marine-based geoengineering, contributing significantly to the discourse on international environmental governance in the face of rapid climate and technological changes.

Keywords: climate change, environmental law, international cooperation, international governance, international law, marine-based geoengineering, marine law, regulatory frameworks

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5020 Computing Some Topological Descriptors of Single-Walled Carbon Nanotubes

Authors: Amir Bahrami

Abstract:

In the fields of chemical graph theory, molecular topology, and mathematical chemistry, a topological index or a descriptor index also known as a connectivity index is a type of a molecular descriptor that is calculated based on the molecular graph of a chemical compound. Topological indices are numerical parameters of a graph which characterize its topology and are usually graph invariant. Topological indices are used for example in the development of quantitative structure-activity relationships (QSARs) in which the biological activity or other properties of molecules are correlated with their chemical structure. In this paper some descriptor index (descriptor index) of single-walled carbon nanotubes, is determined.

Keywords: chemical graph theory, molecular topology, molecular descriptor, single-walled carbon nanotubes

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5019 Pro Grow Business Partnerships: Unlocking the Potential of SMEs Indonesia With Resource Advantage Theory of Competition Approach

Authors: Kesi Widjajanti

Abstract:

To develop the growth of small and medium enterprises (SMEs), it is important to unlock potential resources that can improve their performance. Business Partnerships (BP) are currently an interesting topic of strategy to use to expand markets and maximize financial and marketing performance. However, many business partnerships have not quite a role among small and medium companies in the creative industry in the Batik Craft sector in Indonesia. This study is rooted in the Resource Advantage Theory of Competition ( RAToC), which emphasizes that the advantage of company resources can be sourced from organizational and relational resources. With the basis of this theory, SMEs can optimize the allocation of relational resources and organizational goals, improve operational efficiency, and gain a strategic advantage in the market. Companies that are able to actualize organizational and relational resources better than other market players can be used for the process of increasing their superior performance. This study explores key elements from the RAToC perspective and shows how Business Partnerships have the potential to drive SMEs' growth. By aligning visions, and organizational resources, sharing knowledge and leveraging complementary relational resources, SMEs can increase their competitiveness, enter new markets, and achieve superior performance. The theoretical contribution of RAToC in small companies is due to the role of Pro-Grow Business Partnership strength as an important antecedent for improving SMEs' performance. The benefits (scenarios) of a Business Partnership to grow together are directed at optimizing resources that can create additional value for customers so that they can outperform competitors. Furthermore, managerial implications for SMEs who wish to unlock their resource potential can encourage the role of Pro-Grow Business Partnerships, which have specific characteristics, can absorb experience/knowledge capacity and utilize this knowledge for the development of "together" business ventures.

Keywords: pro grow business partnership, performance, SMEs, resources advantage theory of competition, industry kreatif batik handycraft indonesia

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5018 A Survey on Protests Against Compulsory Hejab in Iran From Iranian Women’s Point of View After Mahsa Amini`S Death: A Grounded Theory Approach

Authors: Shirin Arefi

Abstract:

In Iran, women and girls are treated as second class citizens and suffer from many discrimination and inequality such as compulsory Hejab, a phenomena which has required all women to wear the hijab head-covering since the 1979 Islamic revolution. Now, the crackdown of new government has caused a massive uproar in the country. The morality police also continue to curb the choices of women, and the latest unfortunate incidents accelerate the hardened rules. The author is going to survey the views and of women against compulsory Hejab and morality and chastity police arrests. The methodology is a qualitative one in which narratives of them are coded based on grounded theory and horizons of the process is explained by phenomenological research as well. The findings and results will show the current attitudes of women of Hejab and their reactions against morality police behaviors.

Keywords: compulsory hejab, morality police, people, arrest

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5017 Determinants of Corporate Social Responsibility in Indonesia

Authors: Bela Sulistyaguna, Yuli Chomsatu Samrotun, Endang Masitoh Wahyuningsih

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The purpose of this research was to analyze the influence of company size, liquidity, profitability, leverage, company age, industry type, board of director, board of commissioner, audit committee and public ownership on the corporate social responsibility disclosure. The grand theories of this research are agency theory, stakeholders theory, and legitimacy theory. Analysis of data using multiple linear regression method with SPSS 22.0 for mac. The sample consists of companies listed on the Indonesia Stock Exchange (IDX) and disclosed the Global Reporting Initiative (GRI) sustainability reports from 2013 to 2018. The final sample of this research was 19 companies that obtained by purposive sampling. The results of the research showed that, simultaneously, company size, liquidity, profitability, leverage, company age, industry type, board of director, board of commissioner, audit committee and public ownership has an influence on the corporate social responsibility disclosure. Partially, the results showed that liquidity and leverage has an influence on the corporate social responsibility disclosure. Meanwhile, company size, profitability, company age, industry type, board of director, board of commissioner, audit committee and public ownership has no influence on corporate social responsibility disclosure.

Keywords: corporate social responsibility, CSR disclosure, Indonesia

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5016 A Theoretical Framework on Using Social Stories with the Creative Arts for Individuals on the Autistic Spectrum

Authors: R. Bawazir, P. Jones

Abstract:

Social Stories are widely used to teach social and communication skills or concepts to individuals on the autistic spectrum. This paper presents a theoretical framework for using Social Stories in conjunction with the creative arts. The paper argues that Bandura’s social learning theory can be used to explain the mechanisms behind Social Stories and the way they influence changes in response, while Gardner’s multiple intelligences theory can be used simultaneously to demonstrate the role of the creative arts in learning. By using Social Stories with the creative arts for individuals on the autistic spectrum, the aim is to meet individual needs and help individuals with autism to develop in different areas of learning and communication.

Keywords: individuals on the autistic spectrum, social stories, the creative arts, theoretical framework

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5015 The Dismantling of the Santa Ana Riverbed Homeless Encampment: A Case Study

Authors: Shasta Bula

Abstract:

This research provides the first case study of the Santa Ana riverbed homeless encampment. It contributes valuable information about the little-studied factors contributing to the formation and dismantling of transient homeless encampments. According to the author’s best knowledge, this is the discussion of three reoccurring characteristics of homeless camps: camps form a self-governing system, camps are viewed by the community as unsavory places, and the campers are viewed as being unable or unwilling to participate in normal society. Three theories are proposed as explanations for these characteristics: the social capital theory as a reason for homeless campers to develop a system of self-government, the aesthetics theory as rationale for camps being viewed as unsavory places, and the theory of vulnerable and inevitable inequality as a reason why campers are seen as being unable or unwilling to participate in normal society. Three hypotheses are introduced to assess these theories: The encampment was created because it provided inhabitants a sense of safety and autonomy. It was dismantled due to its highly visible location and lack of adherence to the Orange County consumption and leisure aesthetic. Most homeless people from this encampment relocated approximately thirty miles east to Riverside County to avoid harassment by police. An extensive review of interviews with camp inhabitants revealed that fifty-one percent resided in the camp because it gave them a sense of safety and autonomy. An examination of Anaheim city council meeting meetings showed that thirty-eight percent of complaints were related to aesthetic concerns. Analysis of population reports from the U.S. Department of Housing and Urban Development indicated that there was a notable increase in homelessness in Orange County the year after the camp was dismantled. These results reflect that the social capital theory is an applicable explanation for the homeless being drawn to set up camp as a collective. The aesthetics theory can be used to explain why a third of residents complained about the encampment. Camp residents did not move East to Riverside after the camp was dismantled. Further investigation into the enforcement of anti-camping ordinances needs to be conducted to evaluate if policing contributed to the vulnerability of the homeless.

Keywords: poverty, social relations, transformation of urban settlements, urban anthropology

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5014 Statistical Mechanical Approach in Modeling of Hybrid Solar Cells for Photovoltaic Applications

Authors: A. E. Kobryn

Abstract:

We present both descriptive and predictive modeling of structural properties of blends of PCBM or organic-inorganic hybrid perovskites of the type CH3NH3PbX3 (X=Cl, Br, I) with P3HT, P3BT or squaraine SQ2 dye sensitizer, including adsorption on TiO2 clusters having rutile (110) surface. In our study, we use a methodology that allows computing the microscopic structure of blends on the nanometer scale and getting insight on miscibility of its components at various thermodynamic conditions. The methodology is based on the integral equation theory of molecular liquids in the reference interaction site representation/model (RISM) and uses the universal force field. Input parameters for RISM, such as optimized molecular geometries and charge distribution of interaction sites, are derived with the use of the density functional theory methods. To compare the diffusivity of the PCBM in binary blends with P3HT and P3BT, respectively, the study is complemented with MD simulation. A very good agreement with experiment and the reports of alternative modeling or simulation is observed for PCBM in P3HT system. The performance of P3BT with perovskites, however, seems as expected. The calculated nanoscale morphologies of blends of P3HT, P3BT or SQ2 with perovskites, including adsorption on TiO2, are all new and serve as an instrument in rational design of organic/hybrid photovoltaics. They are used in collaboration with experts who actually make prototypes or devices for practical applications.

Keywords: multiscale theory and modeling, nanoscale morphology, organic-inorganic halide perovskites, three dimensional distribution

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5013 Estimating Age in Deceased Persons from the North Indian Population Using Ossification of the Sternoclavicular Joint

Authors: Balaji Devanathan, Gokul G., Raveena Divya, Abhishek Yadav, Sudhir K. Gupta

Abstract:

Background: Age estimation is a common problem in administrative settings, medico legal cases, and among athletes competing in different sports. Age estimation is a problem in medico legal problems that arise in hospitals when there has been a criminal abortion, when consenting to surgery or a general physical examination, when there has been infanticide, impotence, sterility, etc. Medical imaging progress has benefited forensic anthropology in various ways, most notably in the area of determining bone age. An efficient method for researching the epiphyseal union and other differences in the body's bones and joints is multi-slice computed tomography. There isn't a significant database on Indians available. So to obtain an Indian based database author has performed this original study. Methodologies: The appearance and fusion of ossification centre of sternoclavicular joint is evaluated, and grades were assigned accordingly. Using MSCT scans, we examined the relationship between the age of the deceased and alterations in the sternoclavicular joint during the appearance and union in 500 instances, 327 men and 173 females, in the age range of 0 to 25 years. Results: According to our research in both the male and female groups, the ossification centre for the medial end of the clavicle first appeared between the ages of 18.5 and 17.1 respectively. The age range of the partial union was 20.4 and 20.2 years old. The earliest age of complete fusion was 23 years for males and 22 years for females. For fusion of their sternebrae into one, age range is 11–24 years for females and 17–24 years. The fusion of the third and fourth sternebrae was completed by 11 years. The fusions of the first and second and second and third sternebrae occur by the age of 17 years. Furthermore, correlation and reliability were carried out which yielded significant results. Conclusion: With numerous exceptions, the projected values are consistent with a large number of the previously developed age charts. These variations may be caused by the ethnic or regional heterogeneity in the ossification pattern among the population under study. The pattern of bone maturation did not significantly differ between the sexes, according to the study. The study's age range was 0 to 25 years, and for obvious reasons, the majority of the occurrences occurred in the last five years, or between 20 and 25 years of age. This resulted in a comparatively smaller study population for the 12–18 age group, where age estimate is crucial because of current legal requirements. It will require specialized PMCT research in this age range to produce population standard charts for age estimate. The medial end of the clavicle is one of several ossification foci that are being thoroughly investigated since they are challenging to assess with a traditional X-ray examination. Combining the two has been shown to be a valid result when it comes to raising the age beyond eighteen.

Keywords: age estimation, sternoclavicular joint, medial clavicle, computed tomography

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