Search results for: legal translation
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 2099

Search results for: legal translation

809 ‘The Guilt Complex’: Assessing the Guilt of Youth Returning From Terrorist Groups in the Narratives of Justice Presentation on the Methodological Opportunities and Concerns in Operational Research

Authors: Arpita Mitra

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The research explores the concept of ‘guilt’ as understood in relation to children and young individuals associated with terrorist groups who are exiting these groups and returning to civilian lives (‘young returnees’). The study explores young returnees’ guilt – in its psychological, legal, and sociological manifestations and how it contributes to experiences of reintegration and justice administration. Streamlining it further, the research question on assessing guilt engages with young adults – between 18 and 30 years – who were part of a terrorist organization during their formative years and have returned to civilian life. Overall, the findings of the said research are intended to contribute first-hand operational research to criminological literature as well as transitional justice mechanisms with regard to narratives on truth, justice, reparations and institutional reform/guarantees of non-recurrence. Particularly for this paper, the focus of the paper shall be on one aspect of this research, that is, on the added value of conducting operational research and the methodological challenges encountered during this process with regard to informed consent, data protection, mental health and security considerations for the respondents and researcher.

Keywords: terrorism, reintegration, young returnees, criminology

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808 Dynamic Analysis of Mono-Pile: Spectral Element Method

Authors: Rishab Das, Arnab Banerjee, Bappaditya Manna

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Mono-pile foundations are often used in soft soils in order to support heavy mega-structures, whereby often these deep footings may undergo dynamic excitation due to many causes like earthquake, wind or wave loads acting on the superstructure, blasting, and unbalanced machines, etc. A comprehensive analytical study is performed to study the dynamics of the mono-pile system embedded in cohesion-less soil. The soil is considered homogeneous and visco-elastic in nature and is analytically modeled using complex springs. Considering the N number of the elements of the pile, the final global stiffness matrix is obtained by using the theories of the spectral element matrix method. Further, statically condensing the intermediate internal nodes of the global stiffness matrix results to a smaller sub matrix containing the nodes experiencing the external translation and rotation, and the stiffness and damping functions (impedance functions) of the embedded piles are determined. Proper plots showing the variation of the real and imaginary parts of these impedance functions with the dimensionless frequency parameter are obtained. The plots obtained from this study are validated by that provided by Novak,1974. Further, the dynamic analysis of the resonator impregnated pile is proposed within this study. Moreover, with the aid of Wood's 1g laboratory scaling law, a proper scaled-down resonator-pile model is 3D printed using PLA material. Dynamic analysis of the scaled model is carried out in the time domain, whereby the lateral loads are imposed on the pile head. The response obtained from the sensors through the LabView software is compared with the proposed theoretical data.

Keywords: mono-pile, visco-elastic, impedance, LabView

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807 Designing a Corpus Database to Enhance the Learning of Old English Language

Authors: Raquel Mateo Mendaza, Carmen Novo Urraca

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The current paper presents the elaboration of a corpus database that aligns two different corpora in order to simplify the search of information both for researchers and students of Old English. This database comprises the information contained in two main reference corpora, namely the Dictionary of Old English Corpus (DOEC), compiled at the University of Toronto, and the York-Toronto-Helsinki Parsed Corpus of Old English (YCOE). The first one provides information on all surviving texts written in the Old English language. The latter offers the syntactical and morphological annotation of several texts included in the DOEC. Although both corpora are closely related, as the YCOE includes the DOE source text identifier, the main problem detected is that there is not an alignment of texts that allows for the search of whole fragments to be further analysed in terms of morphology and syntax. The database proposed in this paper gathers all this information and presents it in a simple, more accessible, visual, and educational way. The alignment of fragments has been done in an automatized way. However, some problems have emerged during the creating process particularly related to the lack of correspondence in the division of fragments. For this reason, it has been necessary to revise the whole entries manually to obtain a truthful high-quality product and to carefully indicate the gaps encountered in these corpora. All in all, this database contains more than 60,000 entries corresponding with the DOE fragments annotated by the YCOE. The main strength of the resulting product is its research and teaching implications in the study of Old English. The use of this database will help researchers and students in the study of different aspects of the language, such as inflectional morphology, syntactic behaviour of given words, or translation studies, among others. By means of the search of words or fragments, the annotated information on morphology and syntax will be automatically displayed, automatizing, and speeding up the search of data.

Keywords: alignment, corpus database, morphosyntactic analysis, Old English

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806 The European Legislation on End-of-Waste

Authors: Claudio D'Alonzo

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According to recent tendencies, progress on resource efficiency is possible and it will lead to economic, environmental, and social benefits. The passage to a circular economy system, in which all the materials and energy will maintain their value for as long as possible, waste is reduced and only a few resources are used, is one of the most relevant parts of the European Union's environmental policy to develop a sustainable, competitive and low-carbon economy. A definition of circular economy can be found in Decision 1386/2013/EU of the European Parliament and of the Council on a General Union Environment Action Programme to 2020 named “Living well, within the limits of our planet”. The purpose of renewing waste management systems in the UE and making the European model one of the most effective in the world, a revised waste legislative framework entered into force in July 2018. Regarding the Italian legislation, the laws to be modified are the Legislative Decree 3 April 2006, n. 152 and the laws ruling waste management, end-of-waste, by-products and, the regulatory principles regarding circular economy. European rules on end-of-waste are not fully harmonised and so there are legal challenges. The target to be achieved is full consistency between the laws implementing waste and chemicals policies. Only in this way, materials will be safe, fit-for-purpose and designed for durability; additionally, they will have a low environmental impact.

Keywords: circular economy, end-of-waste, legislation, secondary raw materials

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805 An Assessment of Poland's Current Macroeconomic Conditions to Determine Whether It Is in a Middle Income Trap

Authors: Bozena Leven

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The middle-income trap (MIT) describes a situation faced by countries at a relatively mature stage of development that often poses an obstacle to sustainable long-term growth. MIT is characterized by declining factor productivity from the exhaustion of labor intensive, import and Foreign Direct Investment (FDI) based strategies when middle-income status is achieved. In this paper, we focus on MIT and Poland. In the past two decades, Poland experienced steady growth based largely on imported technologies and low-cost labor. Recently, that economic growth has slowed, prompting economists to ask whether Poland is experiencing MIT. To answer this question, we analyze changes in investment in Poland; specifically- its growth and composition – as well as savings, FDI, educational attainments of the labor force, development of new technologies and products, the role of imports, diversification of exports, and product complexity. We also examine the development of modern infrastructure, institutions (including legal environment) and demographic changes in Poland that support growth. Our findings indicate that certain factors consistent with MIT are gaining importance in Poland, and represent a challenge to that country’s future growth rate.

Keywords: engines of growth, factor productivity, middle income trap, sustainable development

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804 A Study of Intellectual Property Issues in the Indian Sports Industry

Authors: Ashaawari Datta Chaudhuri

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India is a country that worships sports, especially cricket and football. This paper investigates the different intellectual property law issues that arise for sports. The paper will be a study of the legal precedents and landmark judgements in India for sports law. Some of the issues, such as brand abuse, misbranding, and infringement of IP, are very common and will be studied through case-based analysis. As a developing country, India is coping with new issues for theft of IP in different sectors. It has sportspersons of various kinds representing the country in many international events. This invites various problems in terms of recognition, credit, brand promotions, sponsorships, endorsements, and merchandising. Intellectual property is vital in many such endeavors for both brands and sportspersons. One of the major values associated with sport is ethics. Fairness, equality, and basic concern for credit are crucial in this industry. This paper will focus mostly on issues pertaining to design, trademarks, and copyrights. The contribution of this paper would be to study different problems and identify the gaps that require legislative intervention and policymaking. This is important to help boost businesses and brands associated with this industry to help occupy spaces in the market.

Keywords: copyright, design, intellectual property, Indian landscape for sports law, patents, trademark, licensing, infringement

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803 Stigma and Discrimination toward Mental Illness: Translation and Validation of the Attribution Questionnaire-27 (AQ-27)

Authors: Gokcen Akyurek, Hulya Kayihan, Deniz Yuce, Selen Yilmaz

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The stigma towards mental illness is still very rooted in our society, despite the number of studies, campaigns, and anti-stigma programs developed in recent years. Stigma represents a serious obstacle to recovery and social integration for people who experience a mental illness, affecting directly their well-being and quality of life. It implies that these persons have to deal with many other barriers apart from the disease symptoms (1-5). Convergent, recent literature suggests that less positive attitudes by mental health professionals interfere with the self-determination and recovery process (4-10).The aim of this study was to translate the Attribution Questionnaire-27 (AQ-27) to the Turkish language (AQ-27-T), and to examine the reliability and validity of this new Turkish version. Cultural adaptation was implemented according to the internationally suggested method. To determine the understandability and appropriateness of this measure for the Turkish culture, a pretest was administered and the final form was generated. Then, 424 randomly chosen people took part in the study. Participant’s mean age was 36.9±12.7 years and %52 of them female. Cronbach's alpha and intra-class coefficients were used to estimate instrument reliability. The AQ-27-T was assessed again 14 days later for test retest reliability. The AQ-27-T demonstrated acceptable internal consistency, with a Cronbach's alpha of 0.88 for the total scale and ranging between 0.86 and 0.89 for the items. The test-retest reliability was good, with Pearson correlation coefficients of 0.79 for the total scale and ranging between 0.35 and 0.77 for the items (p<0.05). Correlation between subscales was moderate-good, with Pearson correlation coefficients of 0.18-0.88 (p<0.05). Fit indices of the model supported the factor structure and paths. The AQ-27-T is a reliable measure to assess stigmatizing attitudes in Turkish.

Keywords: attribution questionnaire, validity, reliability, stigma

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802 An Analysis of Urban Institutional Arrangements and Their Implications on Wetlands Allocation for Development Purposes: A Case of Harare, Zimbabwe

Authors: Effort M. Magoso

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This study analyses urban institutional arrangements and their implications on allocation of wetlands for development purposes in Zimbabwe using a case study of Harare. It was driven by the need to get to the root of the current urban assault on wetlands. The study sought to analyse institutions that influence wetlands governance in Harare, to ascertain level of wetlands loss and to determine the adequacy of the legal and regulatory framework for governing wetlands. Theories of common property resources and of institutions are the paradigms that undergird this study. A qualitative research methodology was employed, while in-depth interviews, observations and document review were used to gather data. The study found out that unchecked infrastructure developments are taking place in the city’s wetlands. Urban institutional arrangements in Harare were exposed as having negative implications on the protection of wetlands. It is the key argument of this study that good institutional arrangements are priceless in the protection of commons such as wetlands. This study also recommends a new framework that has environmentalists and technocrats as the final decision maker in land allocation as the solution to protect wetlands from undue anthropogenic activities.

Keywords: institutional arrangements, common property resources, wetlands, institutions

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801 A Review on Future Safety Conditions and Requirements for E-Bikes

Authors: Jonas Palmer, Leon Brüning, Lukas Himmelsbach

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The worldwide ambitions to transform the transportation sector are increasingly affecting the safety conditions for all traffic participants and the required infrastructure. To contribute to the transformation and for health aspects, individuals search for carbon-free alternatives that include physical excitation. Especially e-bikes experience a growing demand within the last few years and consequently change the safety requirements. E-cyclists are exposed to amplified risks due to higher velocity in comparison to classic cyclists. Furthermore, cyclists suffer from a lack of infrastructure, rider assistance systems as well as awareness of other road users. For minimizing the risk of accidents, it is crucial to identify, develop and implement safety measures for cyclists. The paper aims to contribute to future research with delivering an overview of the latest publications and to subsequently identify essential research gaps. Therefore, it is essential to analyze the areas of technical adjustments as well as legal aspects and the correlation of both. The review`s insights can intensify the awareness of safety issues related to e-bikes and promote the development and implementation of appropriate measures.

Keywords: e-bike safety measures, future mobility, risk management, road safety

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800 Contemporary Living Spaces – Exploring, Differentiating, and Defining the Terms and Requirements of “Micro” and “Small” Homes in Bulgaria

Authors: Evgenia Dimova-Aleksandrova, Elitsa Deianova

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Dynamic changes in modern life and habitation due to demographic, urban, technology, and ecological factors affect the size of modern homes leading to a trend of decreasing their area. The current paper aims to investigate the differences between “micro” homes and “small” homes. In Bulgaria, these two types are not included in legal regulations, and therefore, a precise definition and special requirements are needed and sought in order to include their characteristic features in contemporary individual habitation. The purpose of the current study is to determine limits in built-up volume for the two types, to create a definition of the terms “micro” and “small” home, and to find methods to distinguish them. A comparative analysis will differentiate these types of habitation units, thus determining the boundaries for the built-up area for both concepts. The analysis is based on a case study from European practices and is focused on defining minimal requirements for “micro” and “small” home in the context of contemporary demands for high quality habitation in limited areas.

Keywords: Bulgaria, differentiation, micro home, requirements, small home

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799 Perceived Stigma, Perception of Burden and Psychological Distress among Parents of Intellectually Disable Children: Role of Perceived Social Support

Authors: Saima Shafiq, Najma Iqbal Malik

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This study was aimed to explore the relationship of perceived stigma, perception of burden and psychological distress among parents of intellectually disabled children. The study also aimed to explore the moderating role of perceived social support on all the variables of the study. The sample of the study comprised of (N = 250) parents of intellectually disabled children. The present study utilized the co-relational research design. It consists of two phases. Phase-I consisted of two steps which contained the translation of two scales that were used in the present study and tried out on the sample of parents (N = 70). The Affiliated Stigma Scale and Care Giver Burden Inventory were translated into Urdu for the present study. Phase-1 revealed that translated scaled entailed satisfactory psychometric properties. Phase -II of the study was carried out in order to test the hypothesis. Correlation, linear regression analysis, and t-test were computed for hypothesis testing. Hierarchical regression analysis was applied to study the moderating effect of perceived social support. Findings revealed that there was a positive relationship between perceived stigma and psychological distress, perception of burden and psychological distress. Linear regression analysis showed that perceived stigma and perception of burden were positive predictors of psychological distress. The study did not show the moderating role of perceived social support among variables of the present study. The major limitation of the study is the sample size and the major implication is awareness regarding problems of parents of intellectually disabled children.

Keywords: perceived stigma, perception of burden, psychological distress, perceived social support

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798 Worldwide Overview of Homologation for Radio Products

Authors: Nekzad R Doctor, Shubham Bhonde, Shashwat Gawande

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The homologation, also known as “type approval,” describes primarily the granting of approval by an official authority. For the use and the import of Keys & ID transmitters as well as Body Control Modules with radio transmission around the globe, homologation is necessary. Depending on country requirements or technical properties (e.g., frequency or transmission power), different approaches need to be fulfilled. The requirements could vary in the form of certifications requirement or exemptions, any technologies forbidden, additional legal requirements and type approval for manufacturing locations. This research will give an overview of all different types of approval and technical requirement for worldwide countries.Information is not available for a lot of countries which is challenging for an entrant in the field of homologation. Also, even if the information is available, there could be a language barrier as different countries sometimes upload their regulations in a local language. Also, there is a lot of unclarity in many countries regarding type approval requirements (Safety, EMC certification,2nd factory certification). To have a clear overview and understanding of type approval requirements, in this document, the Worldwide country will be divided into 4 groups based on technology. After which, a region country-specific type approval requirement will be checked in detail. This document will facilitate in providing global Homologation requirements.

Keywords: homologation, type approval, EMC, body control modules

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797 Homogeneity and Trend Analyses of Temperature Indices: The Case Study of Umbria Region (Italy) in the Mediterranean Area

Authors: R. Morbidelli, C. Saltalippi, A. Flammini, A. Garcia-Marin, J. L. Ayuso-Munoz

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The climate change, mainly due to greenhouse gas emissions associated to human activities, has been modifying hydrologic processes with a direct effect on air surface temperature that has significantly increased in the last century at global scale. In this context the Mediterranean area is considered to be particularly sensitive to the climate change impacts on temperature indices. An analysis finalized to study the evolution of temperature indices and to check the existence of significant trends in the Umbria Region (Italy) is presented. Temperature data were obtained by seven meteorological stations uniformly distributed in the study area and characterized by very long series of temperature observations (at least 60 years) spanning the 1924-2015 period. A set of 39 temperature indices represented by monthly and annual mean, average maximum and average minimum temperatures, has been derived. The trend analysis was realized by applying the non-parametric Mann-Kendall test, while the non-parametric Pettit test and the parametric Standard Normal Homogeneity test (SNHT) were used to check the presence of breakpoints or in-homogeneities due to environmental changes/anthropic activity or climate change effects. The Umbria region, in agreement with other recent studies exploring the temperature behavior in Italy, shows a general increase in all temperature indices, with the only exception of Gubbio site that exhibits very light negative trends or absence of trend. The presence of break points and in-homogeneity was widely explored through the selected tests and the results were checked on the basis of the well-known metadata of the meteorological stations.

Keywords: reception theory, reading, literary translation, horizons of expectation, reader

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796 The Role of Gender Ideology in the Legality of Same-Sex Marriage: A Cross-National Analysis

Authors: Amber Salamanca-Blazek

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This paper explores the connection between gender ideology and the legality of same-sex marriage cross-nationally. The author questions what role gender ideology plays in the cultural shift concerning same-sex marriage currently underway around the world and the variations in the legal treatment of same-sex marriage at the national level. Existing literature on gender, gender ideology, the role of gender ideology in traditional and same-sex marriage, and the extent to which this connection has previously been examined is explored. Also, the author explores the relationship between gender ideology and the legality of same-sex marriage in three countries with the differing legality of same-sex marriage - The United States, where same-sex marriage was legalized in 2015, Australia, where same-sex marriage was legalized in 2017, and Iran, where the death penalty for homosexuality still exists. A comparison of gender ideology frameworks and an analysis of the political rhetoric surrounding same-sex marriage in each country are performed. It is argued that the important role of gender ideology in the legality of same-sex marriage has been greatly ignored and is in need of increased attention to assist gay rights activists in their framework. The link of gender ideology and patriarchal authority between the gay rights movement and the women’s rights movement are subsequently discussed. The author argues that because of this linkage between movements, there is a necessity for joint frameworks. Suggestions for future research are also provided.

Keywords: gender ideology, same-sex marriage, same-sex marriage legality, women's rights movement

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795 The Role of Structure Input in Pi in the Acquisition of English Relative Clauses by L1 Saudi Arabic Speakers

Authors: Faraj Alhamami

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The effects of classroom input through structured input activities have been addressing two main lines of inquiry: (1) measuring the effects of structured input activities as a possible causative factor of PI and (2) comparing structured input practice versus other types of instruction or no-training controls. This line of research, the main purpose of this classroom-based research, was to establish which type of activities is the most effective in processing instruction, whether it is the explicit information component and referential activities only or the explicit information component and affective activities only or a combination of the two. The instruments were: a) grammatical judgment task, b) Picture-cued task, and c) a translation task as pre-tests, post-tests and delayed post-tests seven weeks after the intervention. While testing is ongoing, preliminary results shows that the examination of participants' pre-test performance showed that all five groups - the processing instruction including both activities (RA), Traditional group (TI), Referential group (R), Affective group (A), and Control group - performed at a comparable chance or baseline level across the three outcome measures. However, at the post-test stage, the RA, TI, R, and A groups demonstrated significant improvement compared to the Control group in all tasks. Furthermore, significant difference was observed among PI groups (RA, R, and A) at post-test and delayed post-test on some of the tasks when compared to traditional group. Therefore, the findings suggest that the use of the sole application and/or the combination of the structured input activities has succeeded in helping Saudi learners of English make initial form-meaning connections and acquire RRCs in the short and the long term.

Keywords: input processing, processing instruction, MOGUL, structure input activities

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794 Research Cooperation between of Ukraine in Terms of Food Chain Safety Control in the Frame of MICRORISK Project

Authors: Kinga Wieczorek, Elzbieta Kukier, Remigiusz Pomykala, Beata Lachtara, Renata Szewczyk, Krzysztof Kwiatek, Jacek Osek

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The MICRORISK project (Research cooperation in assessment of microbiological hazard and risk in the food chain) was funded by the European Commission under the FP7 PEOPLE 2012 IRSES call within the International Research Staff Exchange Scheme of Marie Curie Action and realized during years from 2014 to 2015. The main aim of the project was to establish a cooperation between the European Union (EU) and the third State in the area important from the public health point of view. The following organizations have been engaged in the activity: National Veterinary Research Institute (NVRI) in Pulawy, Poland (coordinator), French Agency for Food, Environmental and Occupational Health & Safety (ANSES) in Maisons Alfort, France, National Scientific Center Institute of Experimental and Clinical Veterinary Medicine (NSC IECVM), Kharkov and State Scientific and Research Institute of Laboratory Diagnostics and Veterinary and Sanitary Expertise (SSRILDVSE) Kijev Ukraine. The results of the project showed that Ukraine used microbiological criteria in accordance with Commission Regulation (EC) No 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs. Compliance concerns both the criteria applicable at the stage of food safety (retail trade), as well as evaluation criteria and process hygiene in food production. In this case, the Ukrainian legislation also provides application of the criteria that do not have counterparts in the food law of the European Union, and are based on the provisions of Ukrainian law. Partial coherence of the Ukrainian and EU legal requirements in terms of microbiological criteria for food and feed concerns microbiological parameters such as total plate count, coliforms, coagulase-positive Staphylococcus spp., including S. aureus. Analysis of laboratory methods used for microbiological hazards control in food production chain has shown that most methods used in the EU are well-known by Ukrainian partners, and many of them are routinely applied as the only standards in the laboratory practice or simultaneously used with Ukrainian methods. The area without any legislation, where the EU regulation and analytical methods should be implemented is the area of Shiga toxin producing E. coli, including E. coli O157 and staphylococcal enterotoxin detection. During the project, the analysis of the existing Ukrainian and EU data concerning the prevalence of the most important food-borne pathogens on different stages of food production chain was performed. Particularly, prevalence of Salmonella spp., Campylobacter spp., L. monocytogenes as well as clostridia was examined. The analysis showed that poultry meat still appears to be the most important food-borne source of Campylobacter and Salmonella in the UE. On the other hand, L. monocytogenes were seldom detected above the legal safety limit (100 cfu/g) among the EU countries. Moreover, the analysis revealed the lack of comprehensive data regarding the prevalence of the most important food-borne pathogens in Ukraine. The results of the MICRORISK project are networking activities among researches originations participating in the tasks will help with a better recognition of each other regarding very important, from the public health point of view areas such as microbiological hazards in the food production chain and finally will help to improve food quality and safety for consumers.

Keywords: cooperation, European Union, food chain safety, food law, microbiological risk, Microrisk, Poland, Ukraine

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793 Promoting Child Rights in Africa: The Untold Positive Aspect of the African Culture and Tradition

Authors: Seraphina Bakta

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On many occasions, the link between human rights and culture in Africa is tainted with speculations that African traditions and culture impede human rights. Seemingly also, literature from Africa highly supports the approach of cultural relativism instead of the universalism approach to human rights. This approach has been regarded by many as an unwillingness to accept human rights as universal. While it has to be appreciated that in different communities, there are positive and negative elements of culture, including in Africa, the positive aspect is hardly seen in African culture. This paper, employed documentary review and interviews to collect data. Various documents were reviewed including international and domestic legal materials and literature. Data from documentary review were verified through interviews in Morogoro and Shinyanga regions in Tanzania. Qualitative approach was used to analyse such data where a thematic content analysis was used. The study found that there are positive aspects of African tradition and culture including those promoting child work (as opposed to child labour); some aspects on child protection which should be embraced. However, still some aspects such as child marriage and inconsistent with child rights. It is pivotal that therefore that measures are be adopted to address them.

Keywords: child rights, customs, tradition, Africa

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792 Community Based Disaster Risk Reduction in Mizoram, India

Authors: Lalrokima Chenkual

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Legal provision and various guidelines issued by the National Disaster Management Authority in India strives for setting up of disaster management authority from the central government to the district level. Community-Based Disaster Risk Reduction practice is still relevant as the communities are the victim as well as the first responder in any incidents. The primary goal of Community Based Disaster Risk Reduction is to reduce vulnerability of the concerned community and strengthen its existing capacity to cope with disaster. By involving the community in the preparedness phase, it not only increases the likelihood of coordinated action by the communities to help in mitigating disasters and lessening the impact of disaster but also brings the community together to address the issue collectively. Community participation ensures local ownership, addresses local needs, and promotes volunteerism and mutual help to prevent and minimise damage. Community-Based Disaster Risk Reduction is very much relevant for Mizoram as the society is closed knit, population is very less, religion homogeneity i.e Christianity, very active and widespread community-based organization viz, Young Mizo Association, MHIP (Women Federation), MUP (Elders Clubs which are guided together by Mizo code of morals conduct termed as Tlawmngaihna.

Keywords: community, close-knit, first responder, Tlawmngaihna

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791 The Implementation of the European Landscape Convention in Turkey: Opportunities and Constraints

Authors: Tutku Ak, Abdullah Kelkit, Cihad Öztürk

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An increase has been witnessed with the number of multinational environmental agreements in the past decade, particularly in Europe. Success with implementation, however, shows variation. While many countries are willing to join these agreements, they do not always fully honor their obligations to put their commitments into practice. One reason for this is that countries have different legal and administrative systems. One example of an international multilateral environmental agreement is the European Landscape Convention (ELC). ELC expresses a concern to achieve sustainable development based on a balanced and harmonious relationship between social needs, economic activity, and the environment. Member states are required to implement the convention in accordance with their own administrative structure, respecting subsidiarity. In particular, the importance of cooperation in the protection, management, and planning of the resources is expressed through the convention. In this paper, it is intended to give a broad view of ELC’s implementation process in Turkey and what factors have influenced by the process. Under this context, the paper will focus on the objectives of the convention for addressing the issue of the loss of European landscapes, and the justification and tools used to accomplish these objectives. The degree to which these objectives have been implemented in Turkey and the opportunities and constraints that have been faced during this process have been discussed.

Keywords: European landscape convention, implementation, multinational environmental agreements, policy tools

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790 A Handheld Light Meter Device for Methamphetamine Detection in Oral Fluid

Authors: Anindita Sen

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Oral fluid is a promising diagnostic matrix for drugs of abuse compared to urine and serum. Detection of methamphetamine in oral fluid would pave way for the easy evaluation of impairment in drivers during roadside drug testing as well as ensure safe working environments by facilitating evaluation of impairment in employees at workplaces. A membrane-based point-of-care (POC) friendly pre-treatment technique has been developed which aided elimination of interferences caused by salivary proteins and facilitated the demonstration of methamphetamine detection in saliva using a gold nanoparticle based colorimetric aptasensor platform. It was found that the colorimetric response in saliva was always suppressed owing to the matrix effects. By navigating the challenging interfering issues in saliva, we were successfully able to detect methamphetamine at nanomolar levels in saliva offering immense promise for the translation of these platforms for on-site diagnostic systems. This subsequently motivated the development of a handheld portable light meter device that can reliably transduce the aptasensors colorimetric response into absorbance, facilitating quantitative detection of analyte concentrations on-site. This is crucial due to the prevalent unreliability and sensitivity problems of the conventional drug testing kits. The fabricated light meter device response was validated against a standard UV-Vis spectrometer to confirm reliability. The portable and cost-effective handheld detector device features sensitivity comparable to the well-established UV-Vis benchtop instrument and the easy-to-use device could potentially serve as a prototype for a commercial device in the future.

Keywords: aptasensors, colorimetric gold nanoparticle assay, point-of-care, oral fluid

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789 Access to Climate Change Information Through the Implementation of the Paris Agreement

Authors: Ana Cristina A. P. Carvalho, Solange Teles Da Silva

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In April, 174 countries signed the Paris Agreement, a multilateral agreement on climate change which deals with greenhouse gas emissions, mitigation, adaptation, finance, access to information, transparency, among other subjects related to the environment. Since then, Parties shall cooperate in taking measures, as appropriate, to enhance climate change education, training, public awareness, public participation and public access to information, recognizing the importance of these steps with respect to enhancing actions under this Agreement. This paper aims to analyze the consequences of this new rule in terms of the implementation of the Agreement, collecting data from Brazilian and Canadian legislations in order to identify if these countries have rules complying with the Treaty, the steps that have been already taken and if they could be used as examples for other countries. The analysis will take into consideration the different kinds of climate change information, means of transparency, reliability of the data and how to spread the information. The methodology comprehends a comparative legal research based on both the Paris Agreement and domestic laws of Brazil and Canada, as well as on doctrine and Court decisions. The findings can contribute to the implementation of the Paris Agreement through compliance with this Treaty at countries’ domestic and policy level.

Keywords: climate change information, domestic legislation, Paris Agreement, public policy

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788 Single Item Presenteeism Question Reliability and Validity of Persian Version in Low Back Pain Patients

Authors: Mohammadreza Khanmohammadi, Noureddin Nakhostin Ansari, Soofia Naghdi

Abstract:

Purpose: Our study aimed to validate single item presenteeism question (SIPQ) into the Persian language for patients with low back pain. Background information: low back pain is a common health problem, and it is one of the most prevalent disorder in working people. There are the different subjective way to evaluate the effect of back pain on work productivity that one of them is by implementing single item presenteeism question. This question has not been validated into the Persian language. Method: Patients were asked to answer SIPQ and pain from 0 to 10 according to numerical rating scale (NRS). The functional rating index was administrated to evaluate construct validity. For test-retest reliability, almost 50 patients re-completed the Persian SIPQ. The construct validity of SIPQ was assessed by analyzing Spearman rank correlation between this question and the Persian version of Functional rating index questionnaire. To analyze test-retest reliability, we assessed intraclass correlation coefficient (agreement) (ICC agreement) (two-way random effects model, single measure). Results: The SIPQ score of two groups of patients (84 males, 16 females, mean age ±SD: 33.85±11.16 years, range: 19-67 years) and healthy subjects (48 male, 2 female ones, mean age ±SD: 24.24 ±8.07 years) was statistically significant. (Mann-Whitney U =198.00, P<.001). The Spearman correlation of data showed that there is a significant correlation between Persian SIPQ score and Persian FRI band (r= .559, P<.001). The ICC was .62. So, the analysis indicated good, test-retest reliability. Conclusion: This study showed that Persian version of SIPQ is reliable and valid when applied to back pain patients.

Keywords: cross cultural adaptation, economic burden, low back pain, Persian language, translation

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787 Interpreting Possibilities: Teaching Without Borders

Authors: Mira Kadric

Abstract:

The proposed paper deals with a new developed approach for interpreting teaching, combining traditional didactics with a new element. The fundamental principle of the approach is taken from the theatre pedagogy (Augusto Boal`s Theatre of the Oppressed) and includes the discussion on social power relations. From the point of view of education sociology this implies strengthening students’ individual potential for self-determination on a number of levels, especially in view of the present increase in social responsibility. This knowledge constitutes a starting point and basis for the process of self-determined action. This takes place in the context of a creative didactic policy which identifies didactic goals, provides clear sequences of content, specifies interdisciplinary methods and examines their practical adequacy and ultimately serves not only individual translators and interpreters, but all parties involved. The goal of the presented didactic model is to promote independent work and problem-solving strategies; this helps to develop creative potential and self-confident behaviour. It also conveys realistic knowledge of professional reality and thus also of the real socio-political and professional parameters involved. As well as providing a discussion of fundamental questions relevant to Translation and Interpreting Studies, this also serves to improve this interdisciplinary didactic approach which simulates interpreting reality and illustrates processes and strategies which (can) take place in real life. This idea is illustrated in more detail with methods taken from the Theatre of the Oppressed created by Augusto Boal. This includes examples from (dialogue) interpreting teaching based on documentation from recordings made in a seminar in the summer term 2014.

Keywords: augusto boal, didactic model, interpreting teaching, theatre of the oppressed

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786 Determination of International Jurisdiction of Courts over Disputes Arising from Electronic Consumer Contracts

Authors: Aslihan Coban

Abstract:

As a result of the rapid development of information communication technology, especially the internet, consumers have become an active party in commerce and in law. Consequently, the protection of consumers in cross-border contracts has become increasingly important. This paper is confined to the international jurisdiction of courts over disputes arising from electronic consumer contracts according to the ‘5718 Turkish Act on Private International Law and Civil Procedure’ and the ‘1215/2012 Council Regulation On Jurisdiction and The Recognition and Enforcement Of Judgments In Civil and Commercial Matters’ (Hereafter ‘Brussels I Regulation’). The international jurisdiction of courts for consumer contracts is recognized under both acts above-mentioned; however, there exist some differences between the said legal regulations. Firstly, while there is a specific provision for electronic consumer contracts in Brussels I Regulation, there is no specific provision in the Turkish Act. Secondly, under the Turkish Act, habitual residence, domicile, and workplace of the other party who is not a consumer are all accepted as jurisdiction elements; while domicile is the only jurisdiction element in Brussels I Regulation. Thirdly, the ability to make jurisdiction agreements in disputes arising from electronic consumer contracts is a controversial issue under the Turkish Act while it is explicitly regulated under Brussels I Regulation that such jurisdiction agreements can be concluded by complying with certain conditions.

Keywords: Brussels I Regulation, electronic consumer contracts, jurisdiction, jurisdiction agreement

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785 Challenge of the Credibility of Witnesses in the International Criminal Court and the Precondition to Establish the Truth

Authors: Romina Beqiri

Abstract:

In the context of the prosecution of those responsible for the commission of the most hideous crimes and the fight against impunity, a fundamental role is played by witnesses of the crimes who contribute to ascertaining the ‘procedural truth’. This article examines recent decisions and legislation of the Hague-based International Criminal Court in terms of the endangerment of the integrity of the criminal proceedings in consequence of witness tampering. The analysis focuses on the new developments in the courtroom and the academia, in particular, on the first-ever sentence confirming the charges of corruptly influencing witnesses, interpretation of presenting false evidence and giving false testimony when under an obligation to tell the truth. Confronted with recent tampering with witnesses and their credibility at stake in the ongoing cases, the research explores different Court’s decisions and scholars’ legal disputes concerning the deterrence approach to punish the authors of offences against the administration of justice when committed intentionally. Therefore, the analysis concludes that the Court cannot tolerate any witness false testimony and should enhance consistency and severity of sanctions for the sake of fair trial and end impunity.

Keywords: International Criminal Court, administration of justice, credibility of witness, fair trial, false testimony, witness tampering

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784 Impact of Small and Medium Enterprises on Economic Development in the Gulf Cooperation Council: Quantitative Approaches

Authors: Hanadi Al-Mubaraki, Michael Busler

Abstract:

Both in the developed and developing countries as well as Gulf Cooperation Council (GCC), the small and medium-sized enterprises (SMEs) proven to be main drivers of jobs creation and tools to accelerate economic development and economic diversification. This paper seeks to investigate and identify the strengths and weakness of SME as a veritable tool in economic development. A survey method was used to gather data from 171 SME from Gulf Cooperation Council (GCC). The research methodology uses a quantitative approach (survey) while data were collected with a structured questionnaire and analyzed with several descriptive statistics. The results of the study, therefore, will present sets of the strengths of SME in GCC such as 1) government supported local products (59%), 2) promoting SME local products rather than international products (47%), 3) reduce the legal and administrative procedures of SME establishment (46%) and weakness of SME in GCC such as: 1) lack of funding during the initial phase of the project (46%), 2) lack of liquidity during project continuity (39%), and 3) strong competition in the domestic and global market (38%). The study findings will be guidelines for academia and practitioners such as governments, policymakers, funded organizations, universities and strategic institutions for successful implementation.

Keywords: SME, economic development, GCC, strengths and weaknesses

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783 Sexual Violence against Men in Conflicts: A Neglected Serious Issue

Authors: Olalekan Olaluwoye, Joanne Williams, Elizabeth Hoban, Sonia Brockington

Abstract:

Cases of sexual violence against men have been reported in at least twenty-five conflict situations in history. However, there is a paucity of academic literature and minimal media, policy and legal discussions on sexual violence against men. Most studies and discussions remain locked in the ‘male perpetrators, female victims’ paradigm. Male victims continue to suffer the consequences of sexual violence in conflict and post-conflict settings in silence. A rigorous narrative systematic review of the literature revealed few studies on the subject and those that exist have a narrow focus on rape as the only form of sexual violence despite the existence of other forms of sexual violence that have equally devastating effects. This paper argues that while research and discussions on sexual violence against women should continue, it is time to conduct rigorous mixed methods research to understand the experiences of men and boys survivors of sexual violence. There is a need to study sexual violence more broadly, without limiting it to rape, and to understand the determinants and health implications of sexual violence perpetrated on men. The paper concludes by proposing a research approach that gives voice to the experiences of male survivors of sexual violence in conflict and post-conflict settings.

Keywords: conflict, male survivors, post-conflict settings, sexual violence

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782 Progressive Watershed Management Approaches in Iran

Authors: S. H. R. Sadeghi, A. Sadoddin, A. Najafinejad

Abstract:

Expansionism and ever-increasing population menace all different resources worldwide. The issue, hence, is critical in developing countries like Iran where new technologies are rapidly luxuriated and unguardedly applied, resulting in unexpected outcomes. However, uncommon and comprehensive approaches are introduced to take all the different aspects involved into consideration. In the last decade, few approaches such as community-based, stakeholders-oriented, adaptive and ultimately integrated management, have emerged and are developing for efficient, Co-management or best management, economic and sustainable development and management of watershed resources in Iran. In the present paper, an attempt has been made to focus on state-of-the-art approaches for the management of watershed resources applied in Iran. The study has been then supported by reports of some case studies conducted throughout the country involving previously mentioned approaches. Scrutinizing results of the researches verified a progressive tendency of the managerial approaches in watershed management strategies leading to a general approaching balance situation. The approaches are firmly rooted in educational, research, executive, legal and policy-making sectors leading to some recuperation at different levels. However, there is a long way ahead to naturalize detrimental effects of unscientific, illegal and over exploitation of the watershed resources in Iran.

Keywords: comprehensive management, ecosystem balance, integrated watershed management, land resources optimization

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781 Auction Theory In Competitive Takeovers: Ideas For Regulators

Authors: Emanuele Peggi

Abstract:

The regulation of competitive takeover bids is one of the most problematic issues of any legislation on takeovers since it concerns a particular type of market, that of corporate control, whose peculiar characteristic is that companies represent "assets" unique of their kind, for each of which there will be a relevant market characterized by the presence of different subjects interested in acquiring control. Firstly, this work aims to analyze, from a comparative point of view, the regulation of takeover bids in competitive scenarios, characterized by the presence of multiple takeover bids for the same target company, and contribute to the debate on the impact that various solutions adopted in some legal systems examined (Italy, UK, and USA) have had on the efficiency of the market for corporate control. Secondly, the different auction models identified by the economic literature and their possible applications to corporate acquisitions in competitive scenarios will be examined, as well as the consequences that the application of each of them causes on the efficiency of the market for corporate control and the interests of the target shareholders. The scope is to study the possibility of attributing to the management of the target company the power to design the auction in order to better protect the interests of shareholders through the adoption of ad hoc models according to the specific context. and in particular on the ground of their assessment of the buyer's risk profile.

Keywords: takeovers, auction theory, shareholders, target company

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780 Structural Challenges, the Forgotten Elephant in the Quest of Access to Justice: The Case of the South African Labour and Labour Appeal Courts

Authors: Carlos Joel Tchawouo Mbiada

Abstract:

This paper intends to refrain from debating the different meanings of justice, such as its social or moral meaning, nor to discuss the different theories of justice. This paper focuses on the legal understanding of access to justice to mean access to the court. Using the Labour and Labour Appeal Courts as a case study, this paper investigates whether the composition of the bench, the personnel and state mechanisms to promote access to court offer ideal conditions to access to court. The investigation is benchmarked against the South African new constitutional order underpinned by the concept of social justice to eradicate past injustices. To provide justice to all, the Constitution of the Republic of South Africa 1996 guarantees the right to access to the court. The question that takes centre stage in this paper is whether litigants are denied the right to access the Labour and Labour Appeal Courts. The paper argues that factors such as the status of the Labour and Labour Appeal Courts, the number of judges, and the building structure prevent litigants from accessing these courts. The paper advocates for a legislative overhaul of the Labour and Labour Appeal Courts structure so that litigants may access the courts. Until such time, the paper argues that the right to access the Labour and Labour Appeal Courts would remain far from the reach of many litigants.

Keywords: access to justice, access to court, labour court, labour appeal court

Procedia PDF Downloads 71