Search results for: legal rights

Authors: Lara Góes Da Costa

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This paper analyzes the social dimension of the empowerment of women in Brazil, following the principles of human development of the UN WOMEN, in particular the sixth principle, which establishes the promotion of gender equality through social policy initiatives and activism in general aimed at community. In Brazil, women's empowerment has taken social networks through the creation of avatars and pages of dissemination and promotion of gender equality, as well as denunciations and educational posts such as 'Observe Gender', 'Empower Two Women', 'Black Intellectual Women', among others. At the same time, women's social inclusion bills in various sectors are trailing in the legislative apparatus, with little or no relation to the current discussion of gender diversity and intersectionality. In this sense, this article establishes an analytical parallel between the media manifestations of social networks and the social distance of the representatives of the legislative power. This parallelly shows the political failing to meet the social demands of inclusion, as to multiply the creation of laws and the effectiveness of the principle of promoting gender equality.

Keywords: gender, rights, justice, social networks

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Authors: Helyeh Doutaghi

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The United Nations Security Council (UNSC) is one of the six principal organs of the United Nations. Under the Charter of the United Nations (UN Charter), the UNSC’s primary responsibility is maintaining international peace and security, which it does through establishing and adopting a Security Council resolution. United Nations resolutions are formal expressions of the opinion or will of United Nations organs. However, there have been times when powerful politicians (or governments with great political power) had the first say in situations where the UNSC should have had jurisdiction based on the principle of rule of law, which is the notion that people are governed by the law rather than by officials. This paper will assess the effectiveness of the UNSC by analyzing its actions during the Iran-Iraq war for it has been found that one of the major reasons for the prolongation of the war was a result of the one-sided positions taken by the UNSC and many nations. The UNSC’s success in achieving its primary goal during the war will be discussed, including an examination of the duties and structure of the UNSC by reviewing the articles in the UN Charter; this will include examples of the UNSC’s role in other international disputes as well.

Keywords: UN Security Council, Iran, Iraq, charter, international law

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Authors: Brianna Z. Ross, Jonathan N. Livingston

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Given that discussions of racism and racial tensions have become more salient, there is a need to evaluate the impacts of racialization among Black individuals. Racial discrimination has become one of the most common experiences within the Black American population. Likewise, Black individuals have indicated a need to address their racial identities at an earlier age than their non-Black peers. Further, Black individuals have been found at the forefront of multiple social and political movements, including but not limited to the Civil Rights Movement, Black Lives Matter, MeToo, and Say Her Name. Moreover, the present study sought to explore the predictive relationships that exist between racial discrimination, racial identity, and activism in the Black community. The results of standard and hierarchical regression analyses revealed that racial discrimination and racial identity significantly predict each other, but only racial discrimination is a significant predictor for the relationship to activism. Nonetheless, the results from this study will provide a basis for social scientists to better understand the impacts of racialization on the Black American population.

Keywords: activism, racialization, racial discrimination, racial identity

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Authors: Emiliano Castillo

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The aim of this research is to analyze the origins, the development and possible outcomes of the environmental conflict between grassroots organizations, indigenous communities, Kinder Morgan Corporation, and the Canadian government over the Trans Mountain pipeline expansion in Burnaby, British Columbia, Canada. Building on the political ecology and the environmental justice theoretical framework, this research examines the impacts and risks of tar sands extraction, production, and transportation on climate change, public health, the environment, and indigenous people´s rights over their lands. This study is relevant to the environmental justice and political ecology literature because it discusses the unequal distribution of environmental costs and economic benefits of tar sands development; and focuses on the competing interests, needs, values, and claims of the actors involved in the conflict. Furthermore, it will shed light on the context, conditions, and processes that lead to the organization and mobilization of a grassroots movement- comprised of indigenous communities, citizens, scientists, and non-governmental organizations- that draw significant media attention by opposing the Trans Mountain pipeline expansion. Similarly, the research will explain the differences and dynamics within the grassroots movement. This research seeks to address the global context of the conflict by studying the links between the decline of conventional oil production, the rise of unconventional fossil fuels (e.g. tar sands), climate change, and the struggles of low-income, ethnic, and racial minorities over the territorial expansion of extractive industries. Data will be collected from legislative documents, policy and technical reports, scientific journals, newspapers articles, participant observation, and semi-structured interviews with representatives and members of the grassroots organizations, indigenous communities, and Burnaby citizens that oppose the Trans Mountain pipeline. These interviews will focus on their perceptions of the risks of the Trans Mountain pipeline expansion; the roots of the anti-tar sands movement; the differences and dynamics within the movement; and the strategies to defend the livelihoods of local communities and the environment against tar sands development. This research will contribute to the understanding of the underlying causes of the environmental conflict between the Canadian government, Kinder Morgan, and grassroots organizations over tar sands extraction, production, and transportation in Burnaby, British Columbia, Canada. Moreover, this work will elucidate the transformations of society-nature relationships brought by tar sands development. Research findings will provide scientific information about how the resistance movement in British Columbia can challenge the dominant narrative on tar sands, exert greater influence in environmental politics, and efficiently defend Indigenous people´s rights to lands. Furthermore, this research will shed light into how grassroots movements can contribute towards the building of more inclusive and sustainable societies.

Keywords: environmental conflict, environmental justice, extractive industry, indigenous communities, political ecology, tar sands

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Authors: Nino Grigolaia

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The paper discusses the importance of the development of the gig economy in the economy of Georgia, analyzes the trends of the development of the gig economy, and identifies the main challenges in this field. Objective. The objective of the study is to assess the role of the gig economy, identify the main challenges and develop recommendations. Methodologies. Analysis, synthesis, comparison, induction and other methods are used; A desk study has been conducted. Findings. The advantages and disadvantages of the gig economy are identified, and the impact of the changes caused by the development of the gig economy on labor relations and employment is determined. It is argued that the ongoing technological changes have led to the emergence of new global trends in the labor market and increased the inequality of income distribution. Conclusions. Based on the analysis of the gig economy in the world and in Georgia, relevant recommendations are proposed, namely: establishing a new system of regulating the incomes of employees in this field, developing a real social protection mechanism, Development of political and legal instruments for regulation of gig economy and others.

Keywords: gig economy, economy of Georgia, digital platforms, labor relations

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Authors: Dilip Gogoi

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This paper attempts to explore the notion of sovereign state system, its emergence and legitimization by the treaty of Westphalia, 1648 in Europe and examines how the very notion of sovereign state is subject to changes in the later part of the 20th century both politically and economically in the wake of globalisation. The paper firstly traces the tradition of Westphalian sovereign state system which influenced the dominant understanding about sovereign state system till mid 20th century. Secondly, it explores how the notion of sovereign nation state is subjected to change in the post World War II specially in the context of universal acceptance of human rights and right to intervene in internal affairs of a sovereign state to protect the same, the decolonization and legitimization of the principle of self determination and through the experience of European Integration. Thirdly, it analyses how globalisation drives certain fundamental changes and poses challenges to the sovereign state system. The concluding part of the paper argues that sovereign state system is relevant and will continue to be relevant although it needs to redefine its role in the changing global environment.

Keywords: Westphalia, sovereignty, nation-state system, intervention, globalisation

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Authors: Farhin Delawala

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In the context of Palestine and the broader Middle East, this study delves into the Apartheid regime in Palestine, the country under occupation, and the intricate ties between the United States of America (USA) and the settler colony of ‘Israel’. The paper provides an explanation of the colonisation of Palestine as well as the forms of Apartheid. Moreover, it explains the provisions of United Nations (UN) international laws and how they have been broken by the settler colony of ‘Israel’. The paper contends that the US, motivated by its security interests in the region, has strategically influenced the political instability in the Middle East and the illegal occupation of Palestine. Furthermore, this paper proposes an alternative path of a one-state solution to foster a more peaceful and stable society and advocates for the integration of the Palestinian population into the region, from Gaza and the West Bank, under equal citizen rights. Thereby, the ethno-theocratic nature of the settler colony as an ethno-theocratic state is dismantled.

Keywords: apartheid, one-state solution, Palestine, political instability, settler colony

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Authors: Shen Xiaoyun

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The AI-generated works must intersect with the right holder’s work, thus having a certain impact on the rights and interests of the right holder’s work. The law needs to explore and improve the regulation of the fair use of AI creations and build a compensation system to adapt to the development of the times. The development of AI technology has brought about problems such as the unclear relationship between fair use and infringement of copyright, the unclear general terms and conditions of application, and the incomplete criteria for judging at different stages. Through different theoretical methods, the legitimacy of the rational use of the system can be demonstrated. The compensation standard for fair use of copyright in AI creation can refer to the market pricing of the right holder's work, and the compensation can construct a formula for the amount of damages for AI copyright infringement, and construct the compensation standard based on the main factors affecting the market value of the work, so as to provide a reference for the construction of a compensation system for fair use of works generated by AI.

Keywords: artificial intelligence, creative acts, fair use of copyright, copyright compensation system

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Authors: Christian Bruss, Simona Gamba, Davide Azzolini, Federico Podestà

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In this paper, the authors assess the impact of different political and environmental shocks on the size and on the age and gender composition of asylum-related migration flows to Europe. With this paper, the authors contribute to the literature by looking at the impact of different political and environmental shocks on the gender and age composition of migration flows in addition to the size of these flows. Conflicting theories predict different outcomes concerning the relationship between political and environmental shocks and the migration flows composition. Analyzing the relationship between the causes of migration and the composition of migration flows could yield more insights into the mechanisms behind migration decisions. In addition, this research may contribute to better informing national authorities in charge of receiving these migrant, as women and children/the elderly require different assistance than young men. To be prepared to offer the correct services, the relevant institutions have to be aware of changes in composition based on the shock in question. The authors analyze the effect of different types of shocks on the number, the gender and age composition of first time asylum seekers originating from 154 sending countries. Among the political shocks, the authors consider: violence between combatants, violence against civilians, infringement of political rights and civil liberties, and state terror. Concerning environmental shocks, natural disasters (such as droughts, floods, epidemics, etc.) have been included. The data on asylum seekers applying to any of the 32 Schengen Area countries between 2008 and 2015 is on a monthly basis. Data on asylum applications come from Eurostat, data on shocks are retrieved from various sources: georeferenced conflict data come from the Uppsala Conflict Data Program (UCDP), data on natural disasters from the Centre for Research on the Epidemiology of Disasters (CRED), data on civil liberties and political rights from Freedom House, data on state terror from the Political Terror Scale (PTS), GDP and population data from the World Bank, and georeferenced population data from the Socioeconomic Data and Applications Center (SEDAC). The authors adopt a Difference-in-Differences identification strategy, exploiting the different timing of several kinds of shocks across countries. The highly skewed distribution of the dependent variable is taken into account by using count data models. In particular, a Zero Inflated Negative Binomial model is adopted. Preliminary results show that different shocks - such as armed conflict and epidemics - exert weak immediate effects on asylum-related migration flows and almost non-existent effects on the gender and age composition. However, this result is certainly affected by the fact that no time lags have been introduced so far. Finding the correct time lags depends on a great many variables not limited to distance alone. Therefore, finding the appropriate time lags is still a work in progress. Considering the ongoing refugee crisis, this topic is more important than ever. The authors hope that this research contributes to a less emotionally led debate.

Keywords: age, asylum, Europe, forced migration, gender

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Authors: Ugur Karakaya, Hasan Bulent Kantarcı

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In this study, firstly democratic thoughts which directly or indirectly affect economic development and/or the interaction between authoritarian regimes and the economic development and the direction and channels of this interaction were studied and then the study tried to determine how democracy affects economic development. It was concluded that the positive contributions of democracy to economic development were more determinant than the effects that were either negative or restrictive in terms of development. When compared to autocracy, since democracy is more successful in managing social conflicts, ensuring political stability and preventing social disasters such as famine, it contributes more to economic development. Democracy also facilitates delegation of authority, provides a stable investment environment and accelerates mobilization of resources in accordance with economic growth/development. Democracy leads to an increase in human capital accumulation and increases the growth rate through reducing income inequality. It can be said that democratic regimes are the most appropriate ones in terms of increasing economic performance and supporting economic development through their strong institutional structures and the assurance they will ensure in property rights.

Keywords: democracy, economic growth, economic freedom, autocratic regime

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Authors: Faith G. Ehiemua, Chandra E. Ulinfun

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This work presents two approaches that use competing models to combat criminality in human trafficking. It argues that oath-taking is an approach used to combat and repress crime by natives of African descent. Therefore, certain value choices reflected explicitly or implicitly in its habitual functioning are features of crime control, a model of the criminal process used to repress and prevent crime. By pitting the approaches against each other, the work examines the utility of the purpose of each approach with the aim of assessing moral worthiness. The approaches adopted are descriptive, normative, and theoretical. The findings reveal that oath-taking is effective in human trafficking mainly because Africans believe that the African traditional system is efficient. However, the utilitarian ethical theory applied to the use of oath-taking in human trafficking shows oath-taking as protecting the interest of human traffickers against the general good of society.

Keywords: human rights, human trafficking, oath taking, utilitarianism, victim-centered approach

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Authors: Sabera Sultana

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In today's war-torn world, it is crucial to identify, understand, and apply the laws aimed at minimizing civilian casualty during wartime. The purpose of this paper is to analyze the provisions of protected status under international humanitarian law and evaluate the historical facts and shreds of evidences of violation of protected status during the Liberation War of Bangladesh. This legal research paper evaluates the international humanitarian laws and case laws regarding protected status of people during wartime and evaluates them against the historical facts and well-documented evidences of violation of protected status during the Liberation War of Bangladesh. This paper will help to create a brief guideline on Protected Status under international humanitarian law, which will help to protect our civilians during wartime if ever required.

Keywords: civilian protection, international humanitarian laws, liberation war of Bangladesh, protected status

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Authors: P. S. Van Staden, M. M. Campbell

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Vacant City of Cape Town-owned land lying un-utilized and -productive could be developed for land uses such as urban agriculture that may improve the livelihoods of low income families. The new City of Cape Town zoning scheme includes an Urban Agriculture zoning for the first time. Unstructured qualitative interviews among town planners revealed their optimism about this inclusion as it will provide low-income residents with opportunities to generate an income. An existing farming community at Philippi, located within the municipal boundary of the city, was approached and empirical data obtained through questionnaires provided proof that urban agriculture could be viable in a coastal metropolitan city such as Cape Town even if farmers only produce for their own households. The lease method proposed for urban agriculture is a usufruct agreement conferring the right to another party, other than the legal owner, to enjoy the use and advantages of the property.

Keywords: land uses, urban agriculture, agriculture, food engineering

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Authors: Manushi Srivastava

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Introduction: Doctor’s role, and relation with respect to patient care is at the core of medical ethics. The rapid pace of medical advances along with increasing consumer awareness about their rights and hike in cost of effective health care demand a robust, transparent and patient-friendly medical care system. However, doctors’ role performance is still in the frame of activity-passivity model of Doctor-Patient Relationship (DPR) where doctors act as parent and use to instruct their patients, without their consensus that is not going to help in the 21st century. Thus the current situation is a new challenge for traditional doctor-patient relationship after the introduction of Consumer Protection Act (CPA) in medical profession and the same is evidenced by increasing cases of medical litigation. To strengthen this system of medical services, the doctor plays a vital role, and the same should be reviewed in the present context. Objective: To understand the opinion of consultants regarding medical negligence and effect of Consumer Protection Act in terms of current practices of patient care. Method: This is a cross-sectional study in which both quantitative and qualitative methods are applied. Total 69 consultants were selected from multi-specialty hospitals of densely populated Varanasi city catering a population of about 1.8 million. Two-stage sampling was used for selection of respondents. At the first stage, selection of major wards (Medicine, Surgery, Ophthalmology, Gynaecology, Orthopaedics, and Paediatrics) was carried out, which are more susceptible to medical negligence. At the second stage, selection of consultants from the respective wards was carried out. In-depth Interviews were conducted with the help of semi-structured schedule. Two case studies of medical negligence were also carried out as part of the qualitative study. Analysis: Data were analyzed with the help of SPSS software (21.0 trial version). Semi-structured research tool was used to know consultant’s opinion about the pattern of medical negligence cases, litigations and claims made by patient community and inclusion of government medical services in CPA. Statistical analysis was done to describe data, and non-parametric test was used to observe the association between the variables. Analysis of Verbatim was used in case-study. Findings and Conclusion: Majority (92.8%) of consultants felt changes in the behaviour of community (patient) after implementation of CPA, as it had increased awareness about their rights. Less than half of the consultants opined that Medical Negligence is an Unintentional act of doctors and generally occurs due to communication gap and behavioural problem between doctor and patients. Experienced consultants ( > 10 years) pointed out that unethical practice by doctors and mal-intention of patient to harass doctors were additional reasons of Medical Negligence. In-depth interview revealed that now patients’ community expects more transparency and hence they demand cafeteria approach in diagnosis and management of cases. Thus as study results, we propose ‘Agreement Model’ of DPR to re-ensure ethical practice in medical profession.

Keywords: doctors, communication, consumer protection act (CPA), medical error

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Authors: Taye O. Famuditi, Jonathan Potts, Malcolm Bray

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This paper examines the shoreline management planning policy in England and its suitability for ameliorating the diverse environmental problems associated with Nigeria’s coastal zones. It examines the success of SMPs in England since the mid-1990s and progress achieved, with the aim of understudying the current management approach that can be transferred to Nigeria to strengthen its adoption, and as a necessary corollary, implementation of the SMPs. This paper also examines key elements of the shoreline management frameworks in England and provides answers to the question: Would shoreline management planning approach in England be appropriate and feasible in Nigeria? It further concludes that many of the action plans and principles of participation should be adoptable provided that a participatory approach that involves all stakeholders including community members and relevant sectorial ministries as well as appropriate legal framework is encouraged.

Keywords: shoreline management plans, coastal zone management, stakeholder engagement, participatory approach, Nigeria

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Authors: Amrisha Pandey

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Indian constitution has distributed the powers to govern and legislate between the centre and the state governments based on the list of subject-matter provided in the seventh schedule. By that schedule, the states are authorized to regulate the water resource within their territory. However, the centre/union government is authorized to regulate the inter-state water disputes. The powers entrusted to the union government mainly deals with the sharing of river water which flows through the territory of two or more states. For that purpose, a provision enumerated in Article 262 of the Constitution of India which empowers the parliament to resolve any such inter-state river water dispute. Therefore, the parliament has enacted the - ‘Inter-State River Water Dispute Tribunal, Act’, which allows the central/union government to constitute the tribunal for the adjudication of the disputes and expressly bars the jurisdiction of the judiciary in the concerned matter. This arrangement was intended to resolve the dispute using political or diplomatic means, without deliberately interfering with the sovereign power of the states to govern the water resource. The situation in present context is complicated and sensitive. Due to the change in climatic conditions; increasing demand for the limited resource; and the advanced understanding of the freshwater cycle, which is missing from the existing legal regime. The obsolete legal and political tools, the existing legislative mechanism and the institutional units do not seem to accommodate the rising challenge to regulate the resource. Therefore, resulting in the rise of the politicization of the inter-state water disputes. Against this background, this paper will investigate the inter-state river water dispute in India and will critically analyze the ability of the existing constitutional, and institutional units involved in the task. Moreover, the competence of the tribunal as the adjudicating body in present context will be analyzed using the long ongoing inter-state water dispute in India – The Cauvery Water Dispute, as the case study. To conduct the task undertaken in this paper the doctrinal methodology of the research is adopted. The disputes will also be investigated through the lens of sovereignty, which is accorded to the states using the theory of ‘separation of power’ and the ‘grant of internal sovereignty’, to its federal units of governance. The issue of sovereignty in this paper is discussed in two ways: 1) as the responsibility of the state - to govern the resource; and 2) as the obligation of the state - to govern the resource, arising from the sovereign power of the state. Furthermore, the duality of the sovereign power coexists in this analysis; the overall sovereign authority of the nation-state, and the internal sovereignty of the states as its federal units of governance. As a result, this investigation will propose institutional, legislative and judicial reforms. Additionally, it will suggest certain amendments to the existing constitutional provisions in order to avoid the contradictions in their scope and meaning in the light of the advanced hydrological understanding.

Keywords: constitution of India, federalism, inter-state river water dispute tribunal of India, sovereignty

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Authors: Stephen Fanale

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Criminalization creates sizable barriers to housing and perpetuates the cycle of homelessness. Not only does criminalization leave people on the streets and in shelters indefinitely, but it also unnecessarily costs the taxpayers. Homelessness is a growing issue throughout the world, and criminalizing these human beings is a violation of basic human rights. While this may seem like an insurmountable obstacle, there is something that can be done while fighting that battle. While they are under-researched as a whole, specialty courts, specifically homeless courts, are a growing vessel that can address some of the barriers associated with the criminalization of homelessness. They divert individuals away from jail while connecting them to services that will help their situation instead of hindering it. The model being used in Salt Lake City, while similar to others throughout the United States, stands alone in its outreach efforts and should be paving the way for the rest of the world. The following will look at criminalization and different ways of addressing it, and, finally, Salt Lake City’s current operations, including the unique outreach court: Kayak Court.

Keywords: barriers to housing, criminalization, cycle of homelessness, homeless court, diversion, kayak court

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Authors: Chen Xi, Kuan Sinman, LI Haofeng, Huang Hongming, Zeng Chengyu, Tong Zhiyuan

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Stray animals are on the rise in mainland China's cities. There are legal reasons for this, namely the lack of protection for domestic pets in mainland China, where only wildlife protection laws exist. At a social level, the ease with which families adopt pets and the lack of a social view of animal nature has led to the frequent abandonment and loss of stray animals. If left unmanaged, conflicts between humans and stray animals can also increase. This project provides an inexpensive and widely applicable management tool for urban management by collecting videos and pictures of stray animals captured by surveillance or transmitted by humans and using artificial intelligence technology (mainly using YOLOv5 recognition technology) and recording and managing them in a database.

Keywords: urban planning, urban governance, artificial intelligence, convolutional neural network

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Authors: Henry Okechukwu Onyeiwu

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The role of media in the transformation of contemporary Nigeria's democracies is multifaceted and profoundly impactful. As Nigeria navigates its complex socio-political landscape, media serves as both a catalyst for democratic engagement and a platform for public discourse. This paper explores the various dimensions through which media influences democracy in Nigeria, including its role in informing citizens, shaping public opinion, and providing a forum for diverse voices. The increasing penetration of social media has revolutionized the political sphere, empowering citizens to participate in governance and hold leaders accountable. However, challenges such as misinformation, censorship, and media bias continue to pose significant threats to democratic integrity. This study critically analyzes the interplay between traditional and new media, highlighting their contributions to electoral processes, civic education, and advocacy for human rights. Ultimately, the findings illustrate that while media is a crucial agent for democratic transformation, its potential can only be realized through a commitment to journalistic integrity and the promotion of media literacy among the Nigerian populace. The media plays a critical role in shaping public democracies in Nigeria, yet it faces a myriad of challenges that hinder its effectiveness. This paper examines the various obstacles confronting media broadcasting in Nigeria, which range from political interference and censorship to issues of professionalism and the proliferation of fake news. Political interference is particularly pronounced, as government entities and political actors often attempt to control narratives, compromising the independence of media outlets. This control often manifests in the form of censorship, where journalists face threats and harassment for reporting on sensitive topics related to governance, corruption, and human rights abuses. Moreover, the rapid rise of social media has introduced a dual challenge; while it offers a platform for citizen engagement and diverse viewpoints, it also facilitates the spread of misinformation and propaganda. The lack of media literacy among the populace exacerbates this issue, as citizens often struggle to discern credible information from false narratives. Additionally, economic constraints deeply affect the sustainability and independence of many broadcasting organizations. Advertisers may unduly influence content, leading to sensationalism over substantive reporting. This paper argues that for media to effectively contribute to Nigerian public democracies, there needs to be a concerted effort to address these challenges. Strengthening journalistic ethics, enhancing regulatory frameworks, and promoting media literacy among citizens are essential steps in fostering a more vibrant and accountable media landscape. Ultimately, this research underscores the necessity of a resilient media ecosystem that can truly support democratic processes, empower citizens, and hold power to account in contemporary Nigeria.

Keywords: media, democracy, socio-political, governance

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Authors: Nik Abdul Rahim Nik Abdul Ghani, Mat Noor Mat Zain, Ahmad Dahlan Salleh

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Ownership of asset is an important aspect in ensuring the validity of sale contract. Nevertheless, in Islamic finance, the issue of beneficial ownership as practiced in the current system is seriously debated among Shariah scholars. It has been argued as violating the real concept of ownership (milkiyyah) in Shariah law. This article aims at studying the status of beneficial ownership from the Shariah perspective. This study begins with examining the meaning of ownership and its attributes from the Islamic point of view and followed by the discussion on the origin of beneficial ownership from the legal perspective. The approach that is applied to clarify the concept of beneficial ownership is content analysis. Subsequently, this study explains some current applications of beneficial ownership in Islamic finance to be analyzed further from the Shariah aspect. The research finding suggests that beneficial ownership should be recognized as a real ownership due to the fact that Shariah allows the transfer of ownership after the execution of offer (ijab) and acceptance (qabul).

Keywords: beneficial ownership, ownership, Islamic finance, parameter

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Authors: Haga Elimam

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The study has contributed to determine the degree to which the women of Saudi Arabia play an imperative role in the developmental processes. This research provided a twofold objective to motivate Saudi females to take part in the development of society. The quantitative design has been implied for assessing outcomes through descriptive statistics techniques. The data has been analyzed by regression analysis. The outcomes of the study showed that when women were provided with health and educational necessities and adequate opportunities, they were able to contribute effectively in achieving desired developmental objectives for the nation. Saudi women constitute approximately half of the society; thus, they are equally provided health and justice rights. It has been concluded through the results of the study that the nature of Saudi society, customs, traditions, and beliefs affect the role played by women of Saudi Arabia. This study examines the tangible changes that comprised all aspects of life due to international exposure.

Keywords: social development, social service, sustainable development, civil society and educational sector

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Authors: Muhammad Jumat Dasuki

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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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Authors: Bo Sun, Ni Zhong

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Bilateral investment treaties have played a role in the construction of the Belt and Road, providing institutional protection for Chinese companies' overseas investments. However, such treaties between China and countries along the Belt and Road were signed in the 1980s and 1990s, and their provisions are outdated and insufficiently detailed to provide adequate legal protection for Chinese investors when they initiate investment arbitration against host countries. By studying cases involving China in international investment arbitration, this paper suggests that China should pay attention to further clarifying the identity of "investors", the scope of disputes that can be submitted to arbitration, and the concept of "indirect expropriation" when updating bilateral investment treaties in the future, in order to reduce the risk of losing cases for Chinese investors.

Keywords: belt and road, bilateral investment agreement, investment arbitration, indirect expropriation

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Authors: M. Bukowski, K. Kreissl

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Social and environmental pressures in our times bear threats that often cross-border in scale, such as climate change, poverty-driven migration, demographic change as well as socio-economic developments. One of the hot topics is prevailing in many societies across Europe and worldwide, concerns 'affordable housing' and poverty-driven international and domestic migration (including displacements through gentrification processes), focusing here on the urban and regional context. The right to adequate housing and shelter is one of the recognized in the Universal Declaration of Human rights and International Covenant on Economic, Social and Cultural Rights, and as such considered as a human right of the second generation. The decreasing supply of affordable housing, especially in urban areas, has reached dimensions that have led to an increasing 'housing crisis'. This crisis, which has even reached middle-income homes, has an even more devastating impact on low income and poor households raising poverty levels. Therefore, the understanding of the connection between housing and poverty is vital to integrate and support the different stakeholders in order to tackle poverty. When it comes to issues of inequalities and poverty within the SDG framework, multi-faceted stakeholders with different claims, distribution of resources and interactions with other development goals (spill-over and trade-offs) account for a highly complex context. To contribute to a sustainable and fair society and hence to support the UN Sustainable Development Goals, the University of Salzburg participates in the Austrian-wide universities' network 'UniNEtZ'. Our joint target is to develop an options report for the Austrian Government regarding the seventeen SDGs, so far hosted by 18 Austrian universities. In this vein, the University of Salzburg; i.e., the Centre for Ethics and Poverty Research, the departments of Geography and Geology and the Department of Sociology and Political Science are focusing on the SDG 1 (No Poverty) and SDG 10 (Reduced Inequalities). Our target and research focus is to assess and evaluate the status of SDG 1 and 10 in Austria, to find possible solutions and to support stakeholders' integration. We aim at generating and deducing appropriate options as scientific support, from interdisciplinary research studies to 'Sustainability Developing Goals and their Targets' in action. For this reason, and to deal with the complexity of the Agenda 2030, we have developed a special Model for Inequalities and Poverty Assessment (IPAM). Through the example of 'affordable housing' we provide insight into the situation focusing on sustainable outcomes, including ethical and justice perceptions. The IPAM has proven to be a helpful tool in detecting the different imponderables on the Agenda 2030, assessing the situation, showing gaps and options for ethical SDG actions combining different SDG targets. Supported by expert and expert group interviews, this assessment allows different stakeholders to overview a complex and dynamic SDG challenge (here housing) which is necessary to be involved in an action finding process.

Keywords: affordable housing, inequality, poverty, sustainable development goals

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Authors: Sara Muslat Alsahali, Nout Mohammed Alqahtani

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Digital technology has changed the world, and with the increasing number of children accessing the Internet, it has now become an integral part of children's lives from their early years. With the rapid development of digital technology, the risks children face on the internet also evolve from cyberbullying to misuse, sexual exploitation, and abuse of their private information over the Internet. Digital technology, with its advantages and disadvantages, is now a fact of our life. Therefore, knowledge of how to reduce its risks and maximize its benefits will help shape the growth and future of a new generation of digital citizens. This paper will discuss access control techniques that help to create secure cyberspace where children can be safe without depriving them of their rights and freedom to use the internet and preventing them from its benefits. Also, it sheds light on its challenges and problems by classifying the methods of parental controlling into two possibilities asynchronous and synchronous techniques and choosing YouTube as a case study of access control techniques.

Keywords: access control, cyber security, kids, parental monitoring

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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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Authors: Salsabila Rizka Pratama

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In this day and age, delinquency has become common to young children, and it is a violation of the norms, and legal systems of a society that are carried out during adolescenceIt is the transition from childhood to adulthood. PerversionYouth from criminal law are a common problem among adolescents in homes, schools, and communities. Without proper treatment, delinquency can turn into a crime and is likely to send a child to prison. If dug deeper, the development of delinquency is strongly influenced by family and community life. Families play an important role in the prevention of delinquency. One way a family can help prevent delinquency is by using the proper upbringing. The upbringing that parents use affects children's behavior. Improper parenting can lead to delinquency. On the other hand, proper parenting will prevent delinquency. But delinquency is not influenced only by parental upbringing, the appearance of delinquency can be influenced by the environment, religion, economic factors, information technology factors.

Keywords: parenting, parents, juvenile delinquency, family, youth, crime, environment, religion, economy, information technology

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Authors: Hamed Tofangsaz

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In the absence of an internationally agreed definition of terrorism, the question which needs to be posed is whether there is a clear and common understanding of what constitutes terrorism, terrorist acts and terrorist groups, the financing of which needs to be stopped. That is, from a criminal law perspective, whether the Terrorist Financing Convention, as the backbone of the counter-terrorist financing regime, clarifies what types of conduct, by who, in what circumstances and when, against whom (targets or victims) and with what intention or motivation should be considered terrorism? It will be explained how and why it has been difficult to reach an agreement on the definition of terrorism. The endeavour of the drafters of the Terrorist Financing Convention and others involved in countering terrorist financing to establish a general definition of terrorism will be examined. The record of attempts to define the elements of terrorism proves that it is hardly possible to reach an agreement on a generic definition of terrorism because the concept of terrorism is elusive and subject to various understandings. Even the definition provided by the Terrorist Financing Convention, is not convincing. With regard to the findings, this paper calls for further research on the legal consequences of the implementation of the terrorist financing-counter measures while the scope of terrorism, terrorist acts and terrorist organizations have been left vague.

Keywords: terrorism, terrorist financing, crime, convention

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Authors: Shishir Kumar, Chhaya Gangwal, Seema Raj

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Public health informatics (PHI) which has seen successful implementation in the developed world, become the buzzword in the developing countries in providing improved healthcare with enhanced access. In rural areas especially, where a huge gap exists between demand and supply of healthcare facilities, PHI is being seen as a major solution. There are factors such as growing network infrastructure and the technological adoption by the health fraternity which provide support to these claims. Public health informatics has opportunities in healthcare by providing opportunities to diagnose patients, provide intra-operative assistance and consultation from a remote site. It also has certain barriers in the awareness, adaptation, network infrastructure, funding and policy related areas. There are certain medico-legal aspects involving all the stakeholders which need to be standardized to enable a working system. This paper aims to analyze the potential and challenges of public health informatics services in rural communities.

Keywords: PHI, e-health, public health, health informatics

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Authors: Andrei Nastas, Sergiu Cernomopret

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This research addresses trafficking in human beings, in terms of the active subject and the victim of this crime, through the prism of national and international regulations in material and procedural criminal matters. For the correlative approach of both mentioned aspects, the active subject and the victim of trafficking in human beings, the research addresses both its constituent elements and the way to prevent and combat this phenomenon through criminal proceedings. As follows, trafficking in human beings, from a material criminal point of view, involves two subjects of this crime (active subject - offender and passive subject - victim), while their procedural status differs depending on the case (victim or injured party). The result of the research highlights some clarifications, which find a theoretical-practical basis in the legal provisions, the specialized doctrine, and the judicial practice.

Keywords: victim, active subject, abuse, injured party, crime

Procedia PDF Downloads 129