Search results for: the international covenant on civil and political rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 7175

Search results for: the international covenant on civil and political rights

5945 BAN Logic Proof of E-passport Authentication Protocol

Authors: Safa Saoudi, Souheib Yousfi, Riadh Robbana

Abstract:

E-passport is a relatively new electronic document which maintains the passport features and provides better security. It deploys new technologies such as biometrics and Radio Frequency identification (RFID). The international civil aviation organization (ICAO) and the European union define mechanisms and protocols to provide security but their solutions present many threats. In this paper, a new mechanism is presented to strengthen e-passport security and authentication process. We propose a new protocol based on Elliptic curve, identity based encryption and shared secret between entities. Authentication in our contribution is formally proved with BAN Logic verification language. This proposal aims to provide a secure data storage and authentication.

Keywords: e-passport, elliptic curve cryptography, identity based encryption, shared secret, BAN Logic

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5944 Maritime Transportation and Environmental Pollution: Emerging Trends and Challenges

Authors: Emil Mathew

Abstract:

Liberalisation policies adopted by a large number of countries, implementation of technological innovations with development in communication networks and continuous reduction in transport costs contributed towards the growth of international transportation of goods over the last 50 to 60 years. The present paper examines the environmental externalities of maritime transportation, that is, externalities associated with the movement of cargoes, as distinct from those emanate from production and consumption of goods. Though shipping is less polluting compared to other modes of transportation, considering the huge volume of goods transported and future growth prospects, it is important to examine environmental externalities of maritime transportation. It focuses on varied types of environmental externalities of maritime transportation and suggests that appropriate policies may be adopted by international agencies to address this issue without adversely affecting the course of international trade and also its possibility to get diverted to alternate modes of transportation.

Keywords: externalities of globalisation, maritime environment, maritime externality, transportation externality

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5943 Mediation in Turkish Health Law for Healthcare Disputes

Authors: V. Durmus, M. Uydaci

Abstract:

In order to prevent overburdened courts, rising costs of litigation, and lengthy trial resolutions, the Law on Mediation for Civil Disputes was enacted, which was aimed at defining the procedure and guiding principles for dispute resolutions under Civil Law, in 2012. This “Mediation Code” also applies for civil healthcare disputes in Turkey. Aside from mediation, reconciliation, governed by Articles 253-255 of Criminal Procedure Law, has emerged as an alternative way to resolve criminal medical disputes, but the difference between mediation and conciliation is mostly procedural. This article deals with mediation in Turkish health law and aspect of medical malpractice mediation in Turkey. In addition, this study examines the issue of mediation in health law from both a legal and normative point of view, including codes of mediation which regulate both the structural and professional practice of mediation providers. As a result, although there is not official record about success rate of medical malpractice litigations and malpractice mediation in Turkey, it is widely accepted that the success rate for medical malpractice cases is relatively low compared to other personal injury cases even if it is generally considered that medical malpractice case filings have gradually increased recently. According to the Justice Ministry’s Department of Mediation in Turkey, 719 civil disputes have referred to mediators since 2013 (when the first mediation law came into force) with a 98% success rate.

Keywords: malpractice mediation, medical disputes, reconciliation, health litigation, Turkish health law

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5942 Creating Legitimate Expectations in International Energy Investments: Role of the Stability Provisions

Authors: Rahmi Kopar

Abstract:

Legitimate expectations principle is considered one of the most dominant elements of the Fair and Equitable Treatment Standard which is today’s most relied upon treaty standard. Since its utilization by arbitral tribunals is relatively new, the contours of the legitimate expectations concept under investment treaty law have not been precisely defined yet. There are various fragmented views arising both from arbitral tribunals and scholarly writings with respect to its limits and use even though the principle is ‘firmly rooted in arbitral practice.’ International energy investments, due to their characteristics, are more prone to certain types of risks, especially the political risks. Thus, there are several mechanisms to protect an energy investment against those risks. Stabilisation is one of these investment protection methods. Stability provisions can be found under domestic legislations, as a contractual clause, or as a separate legal stability agreement. This paper will start by examining the roots of the contentious concept of legitimate expectations with reference to its application in domestic legal systems from where the doctrine under investment treaty law context was transplanted. Then the paper will turn to the investment treaty law and analyse the main contours of the doctrine as understood and applied by arbitral tribunals. 'What gives rise to the investor’s legitimate expectations?' question is answered mainly by three categories of sources: the general legal framework prevalent in a host state, the representations made by the officials or organs of a host state, and the contractual commitments. However, there is no unanimity among the arbitral tribunals and the scholars with respect to the form these sources should take. At this point, the study will discuss the sources of a stability provision and the effect of these stability provisions found in various legal sources in creating a legitimate expectation for the investor. The main questions to be discussed in this paper are as follows: a) Do the stability provisions found under different legal sources create a legitimate expectation on the investor side? b) If yes, what levels of legitimate expectations do they create? These questions will be answered mainly by reference to investment treaty jurisprudence.

Keywords: fair and equitable treatment standard, international energy investments, investment protection, legitimate expectations, stabilization

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5941 Detention Experiences of Asylum Seeking Children in Canada: An Interpretative Phenomenological Analysis

Authors: Zohra Faize

Abstract:

Globalization has expanded the mobility privileges of the Global North population while simultaneously, those in the Global South, namely poor, and racialized minorities are increasingly criminalized for crossing international borders. As part of this global trend, Canada also engages in tight border control practices, which often result in marginalization and criminalization of asylum seekers, including children. Using Interpretative Phenomenological Analysis as a theoretical framework and methodology, this research explores the effects of tight border control practices on children asylum-seekers; with a specific focus on detention experiences in Canadian prisons and immigration Holding Centers. The preliminary results of interviews with 8 participants confirm the violations of child rights that stem from the detention practice. Children also report that they find immigration detention to be a stressful and a confusing experience, often resulting in feeling of shame and guilt after their release into the community.

Keywords: border control, crimmigration, Canada, children asylum seekers, immcarceration, interpretative phenomenological analysis (IPA)

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5940 Socio-Demographic, Cause, and Benefit of Internal and International Migration: A Case Study of Mazar-i-Sharif, Balkh Province, Afghanistan

Authors: Baqir Khawari

Abstract:

Migration has a long history in Afghanistan even before, but it has been exacerbated in the last decade. Using actual household data of 1060 in Mazar-i-Sharif, the capital of Balkh province, obtained from a strictly random process, the study examined to evaluate the main causes and benefits of the migration. It is found that the main reasons for internal migration are unemployment and income inequality, in addition to war and poverty as international parameters for migration. Furthermore, the study demonstrated that households receive benefits from their migrants through remittances to increase their income and smooth consumption. Thus, the study suggests that to manage migration in Afghanistan, the government and international organizations should work together for peace and reduction of poverty in Afghanistan otherwise, the crisis of migration will continue in the future as well.

Keywords: migration, remittances, socio-demographic, household, Afghanistan

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5939 Stakeholder Engagement to Address Urban Health Systems Gaps for Migrants

Authors: A. Chandra, M. Arthur, L. Mize, A. Pomeroy-Stevens

Abstract:

Background: Lower and middle-income countries (LMICs) in Asia face rapid urbanization resulting in both economic opportunities (the urban advantage) and emerging health challenges. Urban health risks are magnified in informal settlements and include infectious disease outbreaks, inadequate access to health services, and poor air quality. Over the coming years, urban spaces in Asia will face accelerating public health risks related to migration, climate change, and environmental health. These challenges are complex and require multi-sectoral and multi-stakeholder solutions. The Building Health Cities (BHC) program is funded by the United States Agency for International Development (USAID) to work with smart city initiatives in the Asia region. BHC approaches urban health challenges by addressing policies, planning, and services through a health equity lens, with a particular focus on informal settlements and migrant communities. The program works to develop data-driven decision-making, build inclusivity through stakeholder engagement, and facilitate the uptake of appropriate technology. Methodology: The BHC program has partnered with the smart city initiatives of Indore in India, Makassar in Indonesia, and Da Nang in Vietnam. Implementing partners support municipalities to improve health delivery and equity using two key approaches: political economy analysis and participatory systems mapping. Political economy analyses evaluate barriers to collective action, including corruption, security, accountability, and incentives. Systems mapping evaluates community health challenges using a cross-sectoral approach, analyzing the impact of economic, environmental, transport, security, health system, and built environment factors. The mapping exercise draws on the experience and expertise of a diverse cohort of stakeholders, including government officials, municipal service providers, and civil society organizations. Results: Systems mapping and political economy analyses identified significant barriers for health care in migrant populations. In Makassar, migrants are unable to obtain the necessary card that entitles them to subsidized health services. This finding is being used to engage with municipal governments to mitigate the barriers that limit migrant enrollment in the public social health insurance scheme. In Indore, the project identified poor drainage of storm and wastewater in migrant settlements as a cause of poor health. Unsafe and inadequate infrastructure placed residents of these settlements at risk for both waterborne diseases and injuries. The program also evaluated the capacity of urban primary health centers serving migrant communities, identifying challenges related to their hours of service and shortages of health workers. In Da Nang, the systems mapping process has only recently begun, with the formal partnership launched in December 2019. Conclusion: This paper explores lessons learned from BHC’s systems mapping, political economy analyses, and stakeholder engagement approaches. The paper shares progress related to the health of migrants in informal settlements. Case studies feature barriers identified and mitigating steps, including governance actions, taken by local stakeholders in partner cities. The paper includes an update on ongoing progress from Indore and Makassar and experience from the first six months of program implementation from Da Nang.

Keywords: informal settlements, migration, stakeholder engagement mapping, urban health

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5938 Political Corruption in an Authoritarian Regime: a Story from the Kingdom of Morocco

Authors: Noureddine Radouai

Abstract:

Corruption is an endemic phenomenon in many countries around the globe. Morocco, as an authoritarian regime, relies on corruption for monarchy survival. I analyze the Makhzen structure and methods that it follows to exchange corruption for political loyalty. The abuse of power in Morocco is sponsored by the monarch itself as it is its way to remain its importance in the regime.

Keywords: corruption, Clientelism, authoritarian regime, Morocco

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5937 The Representation of Women in Iraq: Gender Wage Gap and the Position of Women within Iraqi Society

Authors: Hanaa Sameen Ameen Bajilan

Abstract:

Human rights should be protected and promoted without regard to race, ethnicity, religion, political philosophy, or sexual orientation, following our firm convictions. Thus, any infringement of these rights or disdain for; any use of violence against women undermines the principles and human values of equality and endangers the entire society, including its potential to live in peace and to make growth and development. This paper represents the condition of the new Iraqi women regarding issues such as the gender wage gap, education, health, and violence against women. The study aims to determine the impact of traditions and customs on the legal position of Iraqi women. First, it seeks to assess the effects of culture as a historical agency on the legal status of Iraqi women. Second, the influence of cultural developments in the later part of the twentieth century on Iraqi women's legal standing, and third, the importance of cultural variety as a progressive cultural component in women's legal position. Finally, the study highlights the representation of women in Iraq: Gender wage Gap, Women's liberation between culture and law, and the role of women within Iraqi society based on an Iraqi novel named (Orange Light) in Arabic: برتقالو ضو. in her book, the Iraqi writer Nadia Al-Abru succeeds in portraying the post-war society's devotion to the sexual, emotional and mental marginalization of women in terms of the value of attendance. Since the study of Iraqi women's literature in Arabic-English translation is a new avenue of research that contributes to all three areas, this investigation aims to establish critical lines of engagement between contemporary Iraqi women's literature in English translation and feminist translation conceptual frameworks, and this is accomplished by first focusing on why analyzing Iraqi women writers' novels in Arabic-English translation is a timeline of inquiry that contributes to existing and emerging knowledge fields concerning Iraqi women writers' contemporary critical contexts and scholarship on Arab women's literature in Arabic-English translation.

Keywords: women in İraq, equality, violence, gender wage gap, Nadia Al-Abru, (orange light), women's liberation, İraqi women's literature,

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5936 Non-Fungible Token (NFT) - Used in the Music Industry for Independent Artists without a Music Recording Label

Authors: Bartholomew Badar

Abstract:

An NFT is a digital certificate with rights to own an asset, including various valuable digital goods such as art pieces, music items, collectibles, etc. The market for NFTs started developing in 2017 and has lately seen increased growth as crypto-currencies and the blockchain market continue to gain popularity. This study aims to understand potential uses for NFTs concerning the music industry and record labels. Independent artists struggle to distribute and sell their music without the help of a record label. The NFT marketplace could be a great tool to eliminate this problem. The research objective is to identify possibilities for independent artists to own their music rights and share value with an audience. We see a trend of new-school music artists trying to enter the music NFT market by creating visualizers, beats, cover art, etc. To analyze various existing music NFT assets and determine whether or not independent artists could monetize their music without a record label is the main focus of this scholarly paper.

Keywords: blockchain, crypto-currency, music, artist, NFT

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5935 Curbing of Excesses of Women in Politics: Islamic Law Perspective

Authors: Muhammad Jumat Dasuki

Abstract:

The curbing of excesses of women in politics is a topic that has been extensively studied in the field of Islamic law. This issue is complex and involves various cultural and religious factors, making it a highly debated topic. This paper examines the role of Islamic law in regulating the behavior of women in politics. In many Islamic societies, women face restrictions and limitations when it comes to their participation in the political sphere. This paper investigates the reasons behind these restrictions and analyzes how Islamic law can be used to curb any excesses that may arise from women's involvement in politics. By examining various case studies and analyzing the principles of Islamic law, this paper sheds light on the issue of women's participation in politics and provides potential solutions for balancing their rights and duties according to Islamic law. The methodology includes primary sources through in-depth oral interviews and secondary sources like textbooks and journals, aiming for a holistic understanding of the ethical dimensions of support initiatives within the context of Islamic Law to establish the fairness of Islam Law in its approach to women in politics. The paper concludes with suggestions and recommendations.

Keywords: excess, Islamic law, principles, women

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5934 Presentation of Transgender identities

Authors: Tony Chapman-Wilson

Abstract:

Applied theatre is not an ultimate vehicle to create social change; but is more an opportunity of hope that the production material might affect this. Theatre-makers are able to deconstruct socially and politically challenging themes to encourage their audience to witness lived experiences as they consider themes of concern and injustice. This allows writers to (re) present the lived experiences of trans people, and for social injustice, continued transphobia, and lack of equity to be presented to an audience for debate. There needs to be a stronger position and presence of trans voices and active participation presented of these rather than just that of the cisgender-lens and standpoint. This research examines the relationship between human rights and theatre and considers global examples of this practice, as well as exploring the negatives formed from this relationship, and how this may be developed in the future. This focusses on the ability of theatre to denounce the violations of human rights and considers the power of theatre to support the importance of the awareness of violations to human rights for the raised awareness and potential for action of the audience – who may themselves be part of the oppressed, or indeed an oppressor. The fundamental assertion here is not one of evidenced social change, but of awareness raising of the audience and the potential for social activism and action. The practice of applied theatre is one that is experienced by the audience and the project participants alike, with the intention that theatre may consider how people interact with one another. This paper examines the opportunity of verbatim theatre techniques to allow for a cis-led trans-collaborative research project to (re) present intergenerational trans identities.

Keywords: applied theatre, verbatim, transgender, social justice

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5933 Foreign Artificial Intelligence Investments and National Security Exceptions in International Investment Law

Authors: Ying Zhu

Abstract:

Recent years have witnessed a boom of foreign investments in the field of artificial intelligence (AI). Foreign investments provide critical capital for AI development but also trigger national security concerns of host states. A notable example is an increasing number of cases in which the Committee on Foreign Investment in the United States (CFIUS) has denied Chinese acquisitions of US technology companies on national security grounds. On July 19, 2018, the Congress has reached a deal on the final draft of a new provision to strengthen CFIUS’s authority to review overseas transactions involving sensitive US technology. The question is: how to reconcile the emerging tension between, on the one hand, foreign AI investors’ expectations of a predictable investment environment, and on the other hand, host states’ regulatory power on national security? This paper provides a methodology to reconcile this tension under international investment law. Based on an examination, the national security exception clauses in international investment treaties and the application of national security justification in investor-state arbitration jurisprudence, the paper argues that a traditional interpretation of the national security exception, based on the necessity concept in customary international law, fails to take into account new risks faced by countries, including security concerns over strategic industries such as AI. To overcome this shortage, the paper proposes to incorporate an integrated national security clause in international investment treaties, which includes a two-tier test: a ‘self-judging’ test in the pre-establishment period and a ‘proportionality’ test in the post-establishment period. At the end, the paper drafts a model national security clause for future treaty-drafting practice.

Keywords: foreign investment, artificial intelligence, international investment law, national security exception

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5932 Sovereign Characters of Police in Turkey: Discretionary Use of Force on Criminalized Political Opponents

Authors: Emrah Denizhan

Abstract:

Policing studies have drawn attention to the changing role of law enforcement in favour of harsh policing strategies throughout the world. Turkey has become part of this global transition process by restructuring its policing through a series of allegedly democratic amendments to Turkish law. Nevertheless, severe violations of human rights continue to be widely experienced phenomena. This paper suggests problematizing the changing judicial framework of policing together with the persistent aggressive policing in Turkey, by considering Agamben's concept of police as a sovereign entity – sovereign police. In so doing, the paper analytically dissects sovereign police into three premises: the criminalization of the (perceived) enemy, the militarization of the police, and finally, the discretionary use of force. This examination of the state’s early ethno-racial policies and the history of the Turkish police force, and of the changing judicial framework of police-related laws in the 2000s, demonstrates that certain ‘internal enemies’ have been criminalized by increasingly militarized police using escalating discretionary use of force.

Keywords: criminalization, discretionary use of force, policing, sovereignty

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5931 Positive Shock: The PhD Journey of International Students at UK Universities: A Qualitative Interpretative Phenomenological Study

Authors: Dounyazad Sour

Abstract:

This research examines international doctoral students’ reflections on their journey and experiences of studying for a PhD in the UK. Since the early 1990s, the international students’ number in the UK has increased. The significant contribution of these international students to the cultural and academic diversity of the UK universities’ doctoral programmes is widely acknowledged. The substantial fees these students bring to British Higher Education institutions is also much appreciated. The rationale for undertaking this study grew from personal experience of studying in the UK. Through membership in different groups both online and, when regulations permitted it, face to face social groups, it quickly became apparent that among all students, there were both shared and individual experiences of struggles and triumphs. This insight led to the decision to investigate these matters in greater detail. This in-depth qualitative interpretative study, inspired by a phenomenological approach, offers fresh insights into academic, social and cultural experiences of international PhD students in the UK. Data collection was carried out in the UK over a period of three months, deploying focus groups, individual semi-structured interviews, and images selected by participants that represent their feelings towards their experiences. The ten participants are attending different UK universities, studying a range of disciplines and have diverse backgrounds. Interviews and discussions took place in the participants' preferred languages; Arabic, English and French. The analysis shows that the participants had experienced two types of shock: negative and positive. Negative shocks, which have seen considerable attention in the field of international students’ experiences, relate to unexpected incidents that happened to the participants in relation to their interactions with others: people from different backgrounds and people from the same background. This impacted their experience negatively through experiencing feelings of anxiety, stress, low self-esteem and xenophobia, all these hindering factors contribute to make international students struggle to adapt to the new environment. Positive shocks, which have remained largely under-researched in the field of international students’ experiences, refer to all the positive occurrences that participants experienced. For instance, a shop assistant saying: “do you need any help, honey?” which brought a sense of belonging, feeling home, safety, and satisfaction to the respondents, and made their experiences less challenging. This investigation will offer insights into the PhD international students’ experiences and shed new light on the shocks that can work as facilitators, rather than as inhibitors.

Keywords: international students, PhD journey, phenomenological approach, positive shock

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5930 Plethora of Drivers Transforming Colonial Cities: The Case of Allahabad

Authors: Akanksha Gupta, Vishal Dubey

Abstract:

In the Neoliberal era, there has been a much-talked discourse about urban issues that arise from a narrow approach of the single rationality of market-driven planning in Indian cities. More to this, India's urban planning is already jeopardized by the captious shortage of infrastructure, a cluster of incoherent governing bodies and implementation mechanism, leading cities to lie in the plethora of urban challenges. In this context, Allahabad (now known as Prayagraj) a city in North India is not an exception. Once known as the most planned splendid Colonial city of the British regime in India collapsed phenomenally because of the incompetent approach of planning machinery, straightforward market-driven accession and lack of attention on urban equity and sustainability. Particularly Civil Lines a Colonial neighbourhood, reached to the zenith of the glorified legacy of the Colonial era, transformed into filthy and congested urban form. Contextually this study contemplates and assesses the chronological episodes of major changes in land management reforms and policies under the ad hoc approach of political economy and land use planning which radically degraded the living environment in the present context. This study would empirically showcase the selected sample area detailing some of the major consequences in terms of gradual change in urban morphology, land use, and function. Here the method of study is primarily a qualitative study implying oral history and other historical methods to exhibit the idiom of planning conundrum. This subsequently reflects the repercussions translated into major issues like unclear land titles, encroachment, and unauthorized development and mushrooming of informal and squatter settlements. In nutshell, the study seeks to distinct out the limitations of the land reform and land management policies, which impacted the general degradation to the beautiful setting of Colonial neighbourhood. The Colonial legacy of Civil Lines now exists in the traces of history- memories of people, who once took pride in its serenity have now witnessed the transformation bit by bit till neo-liberal market forces completely swallow it.

Keywords: civil lines, land reforms, policies, urban challenges

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5929 Perpetrators of Ableist Sexual Violence: Understanding Who They Are and Why They Target People with Intellectual Disabilities in Australia

Authors: Michael Rahme

Abstract:

Over the past decade, there is an overwhelming consensus spanning across academia, government commissions, and civil societies that concede that individuals with disabilities (IWDs), particularly those with intellectual differences, are a demographic most ‘vulnerable’ to experiences of sexual violence. From this global accord, numerous policies have sprouted in the protection of this ‘pregnable’ sector of society, primarily framed around liberal obligations of stewardship over the ‘defenceless.’ As such, these initiatives mainly target post-incident or victim-based factors of sexual violence, which is apparent in proposals for more inclusive sexual education and accessible contact lines for IWDs. Yet despite the necessity of these initiatives, sexual incidents among this demographic persist and, in nations such as Australia, continue to rise. Culture of Violence theory reveals that such discrepancies in theory and practice stem from societal structures that frame individuals as ‘vulnerable’, ‘impregnable’, or ‘defenceless’ because of their disability, thus propagating their own likelihood of abuse. These structures, as embodied by the Australian experience, allow these sexual violences to endure through cultural ideologies that place the IWDs ‘failures’ at fault while sidelining the institutions that permit this abuse. Such is representative of the initiatives of preventative organizations like People with Disabilities Australia, which have singularly strengthened victim protection networks, despite abuse continuing to rise dramatically among individuals with intellectual disabilities alone. Yet regardless of this rise, screenings of families and workers remain inadequate and practically untouched, a reflection of a tremendous societal warp in understanding surrounding the lived experiences of IWDs. This theory is also representative of broader literature, where the study of the perpetrators of disability rights, particularly sexual rights, is almost unapparent in a field that is already seldom studied. Therefore, placing power on the abuser via stripping that of the victims. As such, the Culture of Violence theory (CVT) sheds light on the institutions that allow these perpetrators to prosper. This paper, taking a CVT approach, aims to dissipate this discrepancy in the Australian experience by way of a qualitative analysis of all available court proceedings and tribunals between 2020-2022. Through an analysis of the perpetrator, their relation to the IWD, and the motives for their actions granted by court and tribunal transcripts and the psychological, and behavioural reports, among other material, that have been presented and consulted during these proceedings. All of which would be made available under the 1982 Freedom of Information Act. The findings from this study, through the incorporation of CVT, determine the institutions in which these abusers function and the ideologies which motivate such behaviour; while being conscious of the issue of re-traumatization and language barriers of the abusees. Henceforth, this study aims to be a potential policy guide on strengthening support institutions that provide IWDs with their basic rights. In turn, undermining sexual violence among individuals with intellectual disabilities at its roots.

Keywords: criminal profiling, intellectual disabilities, prevention, sexual violence

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5928 Factors Influencing International Second Language Student's Perceptions of Academic Writing Practices

Authors: A. Shannaq

Abstract:

English is the accepted lingua franca of the academic world, and English medium higher education institutions host many second-language speakers of English (L2) who wish to pursue their studies through the medium of English. Assessment in higher education institutions is largely done in writing, which makes the mastery of academic writing essential. While such mastery can be, and often is, difficult for students who speak English as a first language, it is undoubtedly more so for L2 students attempting to adopt Anglophone academic written norms. There does not appear to be a great deal of research with regard to L2 students’ perceptions of their academic writing practices. This research investigates the writing practices of international L2 students in their first year of undergraduate study at NZ universities. Qualitative longitudinal data in the form of semi-structured interviews and documentation (assignments’ written instructions, students’ written assignments, tutors’ feedback on the students’ assignments) were collected from 4 undergraduate international L2 students at the beginning, middle, and end of the academic year 2017. Findings reveal that motivation, agency, and self-efficacy impact students’ perceptions of their academic writing practices and define the course of actions learners take under the time constraints which are set for their assignments.

Keywords: academic writing, English as a second language, international second language students, undergraduate writing practices

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5927 Violence against Women: Exploring Discursive Resistance in the Frames of Gender Violence in South Africa

Authors: Kunle Oparinde, Rachel Matteau-Matsha, Felix Awung

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In recent times, the issue of gender-based violence against women in South Africa is prevalent in headlines due to the high rate of attacks directed towards women. Ranging from teenagers to adults, women are continuously targeted indiscriminately in what is seemingly becoming a prolonged cycle in the country. To this end, human rights activists, organisations, and political leaders have managed to somewhat verbally condemn the atrocious acts. Further, interested people in South Africa, through walks and protests, have continued to speak against the swinging violence against women in the country. The thrust in this study is to explore and analyse how discourse (language) has been employed as a resounding voice against gender violence in the country. Through a purposive sampling of materials employed during walks and protests, collected from online sources, we examine how language is being used to combat and confront the issue of gender violence viz-a-viz how it continues to serve as a crucial tool in repelling gender violence.

Keywords: gender, violence, language, discourse, resistance

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5926 First Year Experience of International Students in Malaysian Universities

Authors: Nur Hidayah Iwani Mohd Kamal

Abstract:

The higher education institutions in Malaysia is challenged with a more socially and culturally diverse student population than ever before, especially with the increasing number of international students studying in Malaysia in the recent years. First year university is a critical time in students’ lives. Students are not only developing intelectually, they are also establishing and maintaining personal relationships, developing an identity, deciding about career and lifestyle, maintaining personal health and wellness, and developing an integrated philosohy of life. The higher education institutions work as a diverse community of learners to provide a supportive environment for these first year students in assisting them in their transition from high school to university. Although many universities are taking steps to improve the first year experience for their new local and international students, efforts must be taken to ensure organized and coordinated manner in order for the initiatives to be successful. The objectives of the study are to examine the international students’ perceptions and interpretation of their first year experiences in shaping and determining their attitudes toward study and the quality of their entire undergraduate academic career; and identify an appropriate mechanism to encounter the international students’ adjustment in the new environment in order to facilitate cross-functional communication and create a coherent and meaningful first year experience. A key construct in this study is that if universities wish to recruiting and retaining international students, it is their ethical responsibility to determine how they can best meet their needs at the academic and social level, create a supportive ‘learning community’ as a foundation of their educational experience, hence facilitate cross-cultural communication and create a coherent and meaningful first year experience. This study is simultaneously frames in relation to focus on the factors that influence a successful and satisfying transition to university life by the first year international students. The study employs a mixed-method data collection involving semi-structured interviews, questionnaire, classroom observation and document analysis. This study provides valuable insight into the struggles that many international students face as they attempt to make the adjustment not only to a new educational system but factors such as psychosocial and cultural problems. It would discuss some of the factors that impact the international students during their first year in university in their quest to be academically successful. It concludes with some recommendations on how Malaysian universities provide these students with a good first year experience based on some the best practices of universities around the world.

Keywords: first year experience, Malaysian universities, international students, education

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5925 The Roots of the Robust and Looting Economy (poverty and inequality) in Iran after the 1979 Revolution, From the Perspective of Acem Oglu & Robinson theory

Authors: Vorya Shabrandi

Abstract:

The study factors of poverty and inequality causes in countries is the subject of many scholars and economists in the last century, theorists in various areas of economic science know different factors as the roots of poverty and inequality in Iran after the 1979 revolution. Economists have emphasized political elements and political scientists on political elements. This research reviews the political economy of poverty and corruption in Iran after the revolution. The findings of this research, based on AcemOgluand Robinson theory, show how the institutional structural dependence of Iran's economy to raw has led to the growth of its non-economic economic institutions and its consequence of the continuity of the release and looting economy and poverty and inequality in Iran's political economy Is. This research was carried out using descriptive-analytical and comparative methods. Many economists try to justify the conditions of the country based on war, sanctions; And the external factors, and ... knows. In this study, we tried to examine the roots of poverty and the looting economy of Iran by implementing Research AcemOgluand Robinson on the institutions and roots of poverty. Looking for a framework for understanding why countries, such as Iran, the reason for the difference in revenue in different countries, as well as the poor or wealth of countries, regardless of the non-effective and non-professional institutions, and why inefficient institutions in some countries, such as Iran, such as Iran It remains and does not have a voluntary political powers to change these institutions. Findings The research shows that institutions are broadly the main reason for the roots of the robust and looting economy (poverty and inequality) in Iran.

Keywords: Iran, plunderable (Loot) economy, raw shopping, poverty and inequality, acem oglu and robinson, non-inclusive institutions

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5924 An Institutional Mapping and Stakeholder Analysis of ASEAN’s Preparedness for Nuclear Power Disaster

Authors: Nur Azha Putra Abdul Azim, Denise Cheong, S. Nivedita

Abstract:

Currently, there are no nuclear power reactors among the Association of Southeast Asian Nations (ASEAN) member states (AMS) but there are seven operational nuclear research reactors, and Indonesia is about to construct the region’s first experimental power reactor by the end of the decade. If successful, the experimental power reactor will lay the foundation for the country’s and region’s first nuclear power plant. Despite projecting confidence during the period of nuclear power renaissance in the region in the last decade, none of the AMS has committed to a political decision on the use of nuclear energy and this is largely due to the Fukushima nuclear power accident in 2011. Of the ten AMS, Vietnam, Indonesia and Malaysia have demonstrated the most progress in developing nuclear energy based on the nuclear power infrastructure development assessments made by the International Atomic Energy Agency. Of these three states, Vietnam came closest to building its first nuclear power plant but decided to delay construction further due to safety and security concerns. Meanwhile, Vietnam along with Indonesia and Malaysia continue with their nuclear power infrastructure development and the remaining SEA states, with the exception of Brunei and Singapore, continue to build their expertise and capacity for nuclear power energy. At the current rate of progress, Indonesia is expected to make a national decision on the use of nuclear power by 2023 while Malaysia, the Philippines, and Thailand have included the use of nuclear power in their mid to long-term power development plans. Vietnam remains open to nuclear power but has not placed a timeline. The medium to short-term power development projection in the region suggests that the use of nuclear energy in the region is a matter of 'when' rather than 'if'. In lieu of the prospects for nuclear energy in Southeast Asia (SEA), this presentation will review the literature on ASEAN radiological emergency and preparedness response (EPR) plans and examine ASEAN’s disaster management and emergency framework. Through a combination of institutional mapping and stakeholder analysis methods, which we examine in the context of the international EPR, and nuclear safety and security regimes, we will identify the issues and challenges in developing a regional radiological EPR framework in the SEA. We will conclude with the observation that ASEAN faces serious structural, institutional and governance challenges due to the AMS inherent political structures and history of interstate conflicts, and propose that ASEAN should either enlarge the existing scope of its disaster management and response framework or that its radiological EPR framework should exist as a separate entity.

Keywords: nuclear power, nuclear accident, ASEAN, Southeast Asia

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5923 ASEAN Citizenship in the Internationalization of Thai Higher Education

Authors: Bella Llego

Abstract:

This research aims to study on “ASEAN Citizenship in the Internationalization of Thai Higher Education.” The purposes of this research are (1) to examine the Thai academics and scholars defined in the concept of internationalization of higher education, (2) to know how Thailand tries to fulfill its internationalization on education goal, (3) to find out the advantages and disadvantages of Thailand hub for higher education in Asia. Sequential mixed methods, qualitative and quantitative research methods were utilized to gather the data collected. By using a qualitative method (individual interviews from key Thai administrators and educators in the international higher education sector), a quantitative method (survey) was utilized to draw upon and to elaborate the recurring themes present during the interviews. The study found that many aspects of Thai international higher education programs received heavy influence from both the American and European higher education systems. Thailand’s role and leadership in the creation and launch of the ASEAN Economic Community (AEC) by 2015 gives its unique context for its internationalization efforts. English is being designated as the language of all Thai international programs; its influence further strengthened being the current language of academia, international business, and the internet, having global influence.

Keywords: ASEAN citizenship, internationalization, Thai higher education, academics

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5922 Disability and Education towards Inclusion

Authors: Amratpal Kaur

Abstract:

The right to education is universal in nature. This right has been enshrined in Indian Constitution and in various significant international documents. Unfortunately, despite of comprehensive legislation at the regional and international level 98% children with disabilities in developing countries don’t attend schools. Vast majority of children suffering from disability in developing nations lack basic literacy. The paper discusses in detail that the term inclusive education has got impetus all over the world and more so in India in the last decade. India has committed itself to the development of an inclusive education system as it is signatory to the Salamanca Statement and it has strived to achieve it thereon. Due to the shift from medical to social model of disability the emphasis is on inclusive school, so that the disabled children can be integrated in the mainstream easily. Thus, the idea is to educate disabled children along with their peers. The paper focuses on developing a clear understanding of inclusive education and identifying strategies to enhance the education of all children at the regional and international level.

Keywords: inclusion, disability, education, policy

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5921 The Relationship between the Feeling of Distributive Justice and National Identity of the Youth

Authors: Leila Batmany

Abstract:

This research studies the relationship between the feeling of distributive justice and national identity of the youth. The present analysis intends to experimentally investigate the various dimensions of the justice feeling and its effect on the national identity components. The study has taken justice into consideration from four different points of view on the basis of availability of valuable social sources such as power, wealth, knowledge and status in the political, economic, and cultural and status justice respectively. Furthermore, the national identity has been considered as the feeling of honour, attachment and commitment towards national society and its seven components i.e. history, language, culture, political system, religion, geographical territory and society. The 'field study' has been used as the method for the research with the individual as unit, taking 368 young between the age of 18 and 29 living in Tehran, chosen randomly according to Cochran formula. The individual samples have been randomly chosen among five districts in north, south, west, east, and centre of Tehran, based on the multistage cluster sampling. The data collection has been performed with the use of questionnaire and interview. The most important results are as follows: i) The feeling of economic justice is the weakest one among the youth. ii) The strongest and the weakest dimensions of the national identity are, respectively, the historical and the social dimension. iii) There is a positive and meaningful relationship between the feeling political and statues justice and then national identity, whereas no meaningful relationship exists between the economic and cultural justice and the national identity. iv) There is a positive and meaningful relationship between the feeling of justice in all dimensions and legitimacy of the political system. There is also such a relationship between the legitimacy of the political system and national identity. v) Generally, there is a positive and meaningful relationship between the feeling of distributive justice and national identity among the youth. vi) It is through the legitimacy of the political system that justice feeling can have an influence on the national identity.

Keywords: distributive justice, national identity, legitimacy of political system, Cochran formula, multistage cluster sampling

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5920 Voters' Acceptance of Anti-guardians' Narratives: Electoral Politics in Establishmentarian Democracies

Authors: Rai Mansoor Imtiaz

Abstract:

Guardians in hybrid regimes fragment opposition parties and ban their political leaders, and disenfranchise their voters' political participation. When guardians in hybrid regimes are so powerful that they remain decisive on electoral politics of states, and have powers to ban political parties and their leadership, then "why do political parties backed by those powerful guardians lose elections" and "how do anti-establishment parties make electoral inroads at the local and national levels." These two questions are interrelated with the key research question of my research "why do people vote for political parties rejected by powerful guardians in establishmentarian democracies." Furthermore, this research question is important to be explored for two reasons. First, existing literature only reflects the electoral victories of opposition parties or defeats of military-sponsored parties (see Thailand and Turkey) but remains silent on political change that led the anti-military parties to win the elections. Second, why is it a case that people belonging to the countries where militaries remain popular among the public (see Turkey and Pakistan) have started putting their trust in anti-establishment politicians who criticise the military against their intervention in politics? For instance, in Pakistan, where commenting against the military is meant to comment against the state –– an anti-military narrative is getting popular support. The conceptual framework of hybrid states in this research relies on the concept of a 'reserved domain/tutelary body' (guardians of hybrid states). However, this research makes a case that hybrid states are not consolidated separate political entities but rather vacillated states that fluctuate between democratic and authoritarian practices. This paper, therefore, uses the term establishmentarian democracy as a subtype of the hybrid regime, which is more consolidated than a hybrid democracy.

Keywords: Guardians, Hybrid Regimes, Voters, Elections, Democracy, South Asia

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5919 Environment-Specific Political Risk Discourse, Environmental Reputation, and Stock Price Crash Risk

Authors: Sohanur Rahman, Elisabeth Sinnewe, Larelle (Ellie) Chapple, Sarah Osborne

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Greater political attention to global climate change exposes firms to a higher level of political uncertainty, which can lead to adverse capital market consequences. However, a higher level of discourse on environment-specific political risk (EPR) between management and investors can mitigate information asymmetry, followed by less stock price crash risk. This study examines whether EPR discourse in discourse in the earnings conference calls (ECC) reduces firm-level stock price crash risk in the US market. This research also explores if adverse disclosures via media channels further moderates the association between EPR on crash risk. Employing a dataset of 28,933 firm-year observations from 2002 to 2020, the empirical analysis reveals that EPR discourse in ECC reduces future stock price crash risk. However, adverse disclosures via media channels can offset the favourable effect of EPR discourse on crash risk. The results are robust to the potential endogeneity concern in a quasi-natural experiment setting.

Keywords: earnings conference calls, environment, environment-specific political risk discourse, environmental disclosures, information asymmetry, reputation risk, stock price crash risk

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5918 The Hijras of Odisha: A Study of the Self-Identity of the Eunuchs and Their Identification with Stereotypical Feminine Roles

Authors: Purnima Anjali Mohanty, Mousumi Padhi

Abstract:

Background of the study: In the background of the passage of the Transgender Bill 2016, which is the first such step of formal recognition of the rights of transgender, the Hijras have been recognized under the wider definition of Transgender. Fascinatingly, in the Hindu social context, Hijras have a long social standing during marriages and childbirths. Other than this ironically, they live an ostracized life. The Bill rather than recognizing their unique characteristics and needs, reinforces the societal dualism through a parallelism of their legal rights with rights available to women. Purpose of the paper: The research objective was to probe why and to what extent did they identify themselves with the feminine gender roles. Originality of the paper: In the Indian context, the subject of eunuch has received relatively little attention. Among the studies that exist, there has been a preponderance of studies from the perspective of social exclusion, rights, and physical health. There has been an absence of research studying the self-identity of Hijras from the gender perspective. Methodology: The paper adopts the grounded theory method to investigate and discuss the underlying gender identity of transgenders. Participants in the study were 30 hijras from various parts of Odisha. 4 Focus group discussions were held for collecting data. The participants were approached in their natural habitat. Following the methodological recommendations of the grounded theory, care was taken to select respondents with varying experiences. The recorded discourses were transcribed verbatim. The transcripts were analysed sentence by sentence, and coded. Common themes were identified, and responses were categorized under the themes. Data collected in the latter group discussions were added till saturation of themes. Finally, the themes were put together to prove that despite the demand for recognition as third gender, the eunuchs of Odisha identify themselves with the feminine roles. Findings: The Hijra have their own social structure and norms which are unique and are in contrast with the mainstream culture. These eunuchs live and reside in KOTHIS (house), where the family is led by a matriarch addressed as Maa (mother) with her daughters (the daughters are eunuchs/effeminate men castrated and not castrated). They all dress up as woman, do womanly duties, expect to be considered and recognized as woman and wife and have the behavioral traits of a woman. Looking from the stance of Feminism one argues that when the Hijras identify themselves with the gender woman then on what grounds they are given the recognition as third gender. As self-identified woman; their claim for recognition as third gender falls flat. Significance of the study: Academically it extends the study of understanding of gender identity and psychology of the Hijras in the Indian context. Practically its significance is far reaching. The findings can be used to address legal and social issues with regards to the rights available to the Hijras.

Keywords: feminism, gender perspective, Hijras, rights, self-identity

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5917 Constitution and Self-Consciousness in Hegel's Philosophy

Authors: Akbar Jamali

Abstract:

According to Hegel’s philosophy, constitution of any given nation is the best expression of its national Self-Consciousness. Since constitution is the place in which freedom and Universal Rights is expressed, and since the essence of Self-consciousness is freedom, the development of self-consciousness and consequently freedom, is the direct cause of the development of constitution. Self-consciousness develops in the human history according to its own internal and external dialectic; therefore, it is essentially a dynamic phenomenon. However, constitution is supposed to be a stable foundation for the legal system of state and society. Therefore, the dilemma is: how the dynamic and contradictory nature of Self-Consciousness is the foundation of constitution that supposed to be the stable base of legal system of state and society. According to Hegel’s philosophy, the contradiction between the dynamic self- consciousness and the static constitution and state has an essential role in the formation of social movements within any given state. Self-consciousness is the phenomenology of Spirit in the human history. Subjective Spirit expresses itself in the different shapes of Self-consciousness in human spirit. These different shapes of self-consciousness must be identical with its contradiction; Objective Spirit. State is the highest form of the objective Spirit. Therefore, state and its foundation namely ‘constitution’ must be identical with Self-consciousness. "Spirit cannot remain forever alienated from its expression." Hegel states. Self-consciousness is the Subjective Spirit, it freely develops according to its internal and external contradictions, but since it must be always identical with its expression namely constitution, its development results to alienation. They way by which self-consciousness became again identical with the constitution determines the nature of legal and political development of any given society and state. In the democratic states, self-consciousness shows itself partially in the public opinion. In the process of election, this public opinion changes the ruling parties that construct the government. In democracies, self-consciousness or subjective spirit is in a dialectical relationship with state or the Objective Spirit. Therefore, it cannot remain alienated with its expression that is political system and its constitution. But, in the autocracies Self-consciousness cannot easily express itself in the government and its constitution. More Self-consciousness develops more it becomes alienated with its expression that is the state and its constitution. Rebel and revolution are the symptom of alienation of Spirit (self-consciousness) with its expression (state and its constitution).

Keywords: alienation, constitution, self-consciousness, spirit

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5916 Urban Refugees and Education in Developing Countries

Authors: Sheraz Akhtar

Abstract:

In recent years, a massive influx of refugees into developing countries has placed significant constraints on the host government’s capacities to provide social services, including education, to all. As a result, the refugee communities often find themselves deprived of their rights to education in these host countries, particularly for those who to live outside camps in urban locations. While previous research has examined the educational experiences of refugees who have resettled in developed nations, there remains a dearth of research on the educational experiences of urban refugees in developing nations. This study examines this issue through a case study of Pakistani Christian refugees living in urban settings in Thailand. Using a combination of observations within community learning centres set up by international non-government organisations (INGOs) working with these communities, and interviews with young Pakistani Christian refugees and their families, the research aims to give greater voice to the Pakistani Christian refugee community living in Thailand, and better understand their educational aspirations.

Keywords: Education, Developing Countries , INGOs, Urban Refugees

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