Search results for: International Court of Justice
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 4679

Search results for: International Court of Justice

3239 The Role and Function of National Land Authority as Mediator in Land Dispute Settlements in Indonesia

Authors: Nia Kurniati, Efa Laela Fakhriah

Abstract:

The regulation in Indonesia provides space for the land dispute to be settled outside the court by the government through National Land. In this case, the bureaucrat of Badan Pertanahan Nasional (BPN) acts as mediator to reach a fair agreement between the disputing parties. Land dispute is from a party who denies the ownership of the other party of a land and denies legal-technical facts written on land certificate published by BPN. Appointing the bureaucrat of BPN as mediator in dispute settlements may possibly create conflict of interest since the object. It has become a concern since bureaucrat of BPN acts as mediator, he will be bias and partial in assisting the dispute settlement, thus the spirit and purposes of mediation will be hampered. This issue triggers to be thoroughly examined further in a relation with the role and function of BPN as land dispute mediator. The methodology used in this research is a normative-legal one with qualitative-legal analytical method. The object of this research is in the form of random sampling of land dispute cases being occurred in some areas. Several principles in mediation have to be made as the base of the consideration to appoint bureaucrat of BPN as mediator since the mediator is an impartial third party, working with both disputing parties and assisting them to reach a fair resolution written in agreement as a foundation of land dispute settlement. The existence of BPN as mediator in land dispute settlement encounters conflict of interest which uphold legal uncertainty to act objectively.

Keywords: Indonesia, land dispute, mediator, national land authority

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3238 The Problem of Reconciling the Principle of Confidentiality in Foreign Investment Arbitration with the Public Interest

Authors: Bárbara Magalhães Bravo, Cláudia Figueiras

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The economical globalization through the liberalization of the markets and capitals boosted the economical development of the nations and the needs for sorting out the disputes arising from the foreign investment. The arbitration, for all the inherent advantages, such as swiftness, arbitrators’ specialise skills and impartiality sets a pacifier tool for the interest in account. Safeguarded the public interest, we face the problem of the confidentiality in the arbitration. The urgent development of impelling mechanisms concerning transparency, guaranty and protection of the interest in account, reveals itself urgent. Through a bibliography review, we will dense the state of art, by going through the several solutions concerning, and pointing out the most suitable. Through the jurisprudential analysis we will point out the solution for the conflict confidentiality/public interest. The transparency, inextricable from the public interest, imposes the arbitration process can be open to all citizens. Transparency rules have been considered at the UNCITRAL in attempting to conciliate the necessity of publicity and the public interest, however still insufficient. The arbitration of foreign investment carries consequences to the citizens of the State. Articulating mechanisms between the arbitral procedures secrecy and the public interest should be adopted. The arbitration of foreign investment, being a tertius genius between the international arbitration and the administrative arbitration would claim its own regulation in each and every States where the confidentiality rules and its exceptions could be identified. One should enquiry where the limit of the citizens’ individual rights protection and the public interest should give way to the principle of transparency

Keywords: arbitration, foreign investment, transparency, confidenciality, International Centre for Settlement of Investment Disputes UNCITRAL

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3237 Unfolding Prison Crisis in India: An Evaluation from a Human Rights Perspective

Authors: Sharmila Sakravarthy

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Prison administration in India, even though an important limb of the criminal justice system are worse off in terms of overcrowding, prolonged detention of under-trial prisoners, and a host of other problems. Considering the statistics of the prison population, over a thousand three hundred prisons across the country were overcrowded, even to the extent of more than six hundred percent. A total of eighteen thousand eight hundred and fifty-eight female prisoners were in India, out of which thirteen thousand hundred and sixty-five were under trials and five thousand and sixty-three convicts. A total of around one thousand seven hundred thirty-five children are residing in prisons along with their mothers. District prisons are more overcrowded than the other prisons, and their practices are at odd with human rights standards. This article examines a range of issues in prisons throughout India including pretrial detention, overcrowding, resources and governance, women and children in prison and rehabilitation. A substantial amount of space is devoted to the reforms that are occurring across the nation, and recommendations are made with regard to what further reforms are necessary.

Keywords: human rights, overcrowding, prisons, rehabilitation

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3236 The Structure of Financial Regulation: The Regulators Perspective

Authors: Mohamed Aljarallah, Mohamed Nurullah, George Saridakis

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This paper aims and objectives are to investigate how the structural change of the financial regulatory bodies affect the financial supervision and how the regulators can design such a structure with taking into account; the Central Bank, the conduct of business and the prudential regulators, it will also consider looking at the structure of the international regulatory bodies and what barriers are found. There will be five questions to be answered; should conduct of business and prudential regulation be separated? Should the financial supervision and financial stability be separated? Should the financial supervision be under the Central Bank? To what extent the politician should intervene in changing the regulatory and supervisory structure? What should be the regulatory and supervisory structure when there is financial conglomerate? Semi structure interview design will be applied. This research sample selection contains a collective of financial regulators and supervisors from the emerged and emerging countries. Moreover, financial regulators and supervisors must be at a senior level at their organisations. Additionally, senior financial regulators and supervisors would come from different authorities and from around the world. For instance, one of the participants comes from the International Bank Settlements, others come from European Central Bank, and an additional one will come from Hong Kong Monetary Authority and others. Such a variety aims to fulfil the aims and objectives of the research and cover the research questions. The analysis process starts with transcription of the interview, using Nvivo software for coding, applying thematic interview to generate the main themes. The major findings of the study are as follow. First, organisational structure changes quite frequently if the mandates are not clear. Second, measuring structural change is difficult, which makes the whole process unclear. Third, effective coordination and communication are what regulators looking for when they change the structure and that requires; openness, trust, and incentive. In addition to that, issues appear during the event of crisis tend to be the reason why the structure change. Also, the development of the market sometime causes a change in the regulatory structure. And, some structural change occurs simply because of the international trend, fashion, or other countries' experiences. Furthermore, when the top management change the structure tends to change. Moreover, the structure change due to the political change, or politicians try to show they are doing something. Finally, fear of being blamed can be a driver of structural change. In conclusion, this research aims to provide an insight from the senior regulators and supervisors from fifty different countries to have a clear understanding of why the regulatory structure keeps changing from time to time through a qualitative approach, namely, semi-structure interview.

Keywords: financial regulation bodies, financial regulatory structure, global financial regulation, financial crisis

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3235 Legal Warranty in Real Estate Registry in Albania

Authors: Elona Saliaj

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The registration of real estate in Albania after the 90's has been a long process in time and with high cost for the country. Passing the registration system from a centralized system to a free market private system, it’s accompanied by legal uncertainties that have led to economic instability. The reforms that have been undertaken in terms of property rights have been numerous and continuous throughout the years. But despite the reforms, the system of registration of real estate, has failed to be standards requirements established by the European Union. The completion of initial registration of real estate, legal treatment of previous owners or legalization of illegal constructions remain among the main problems that prevent the development of the country in its economic sector. The performance of the registration of real estate system and dealing with issues that have appeared in the Court of First Instance, the civil section of the Albanian constitute the core of handling this analysis. This paper presents a detailed analysis on the registration system that is chosen to be applied in our country for real estate. In its content it is also determined the institution that administrates these properties, the management technique and the law that determinate its functionality. The strategy is determined for creating a modern and functional registration system and for the country remains a challenge to achieve. Identifying practical problems and providing their solutions are also the focus of reference in order to improve and modernize this important system to a state law that aims to become a member of the European Union.

Keywords: real estates registration system, comparative aspects, cadastral area, property certificate, legal reform

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3234 Preserving Wetlands: Legal and Ecological Challenges in the Face of Degradation: The Case Study of Miankaleh, Iran

Authors: Setareh Orak

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Wetlands are essential guardians of global ecosystems, yet they remain vulnerable to increasing human interference and environmental stress. The Miankaleh wetland in northern Iran, designated as a Ramsar Convention site, represents a critical habitat known for its rich biodiversity and essential ecological functions. Despite the existence of national and international environmental laws aimed at preserving such critical ecosystems, the regulatory frameworks in place often fall short in terms of enforcement, monitoring, and overall effectiveness. Unfortunately, this wetland is undergoing severe degradation due to overexploitation, industrial contamination, unsustainable tourism, and land-use alterations. This study aims to assess the strengths and limitations of these regulations and examine their practical impacts on Miankaleh’s ecological health. Adopting a multi-method research approach, this study relies on a combination of case study analysis, legal and literature reviews, environmental data examination, stakeholder interviews, and comparative assessments. Through these methodologies, we scrutinize current national policies, international conventions, and their enforcement mechanisms, revealing the primary areas where they fail to protect Miankaleh effectively. The analysis is supported by two satellite maps linked to our tables, offering detailed visual representations of changes in land use, vegetation, and pollution sources over recent years. By connecting these visual data with quantitative measures, the study provides a comprehensive perspective on how human activities and regulatory shortcomings are contributing to environmental degradation. In conclusion, this study’s insights into the limitations of current environmental legislation and its recommendations for enhancing both policy and public engagement underscore the urgent need for integrated, multi-level efforts in conserving the Miankaleh wetland. Through strengthened legal frameworks, better enforcement, increased public awareness, and international cooperation, the hope is to establish a model of conservation that not only preserves Miankaleh but also serves as a template for protecting similar ecologically sensitive areas worldwide.

Keywords: wetlands, tourism, industrial pollution, land use changes, Ramsar convention

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3233 Physician and Theologian: An Analysis of Ibn Rabban’s Approach on Sīra Nabawiyya

Authors: Ahmad Sanusi Azmi, Amiruddin Mohd Sobali, Zulhilmi Mohamed Nor, Mohd Yusuf Ismail, Amran Abdul Halim

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The non-Muslim communities’ reactions to the denials of the prophethood of Muḥammad in the ninth century created an impact on the development of Islamic prophetology. Vigorous refutations from non-Muslim community, specifically the Jews, Christians and Brahmins urged Muslims to develop a solid mechanism in defense of the status of their beloved prophet. One of the works that has been recognized as an apparatus to defend the Prophet Muḥammad veracity is al-Dīn wa al-Dawla composed by Ibn Rabban, a physician of the Caliph’s court. This study analyses the novelty of his approaches in exploring Sīra Nabawiyya and defending the prophethood of Muḥammad. The study employed a descriptive, comparative and critical approach where it analyses and extracts the author original approach in explaining the legitimacy of Muḥammad’s prophethood and enlightening the Prophet’s biography. The study in its finding argues that most of Ibn Rabban arguments in this work are actually developed from the foundations of Biblical scripture. His style of interpreting Biblical passages indicates a possible dependence on Ibn al-Layth’s letter. However, the way in which he presents Qur’ānic references seems not to be in accordance with Ibn al-Layth’s perspective. This is where the novelty of his approach is distinguished. As a result, the study also affirms that Ibn Rabban imposes his own standards of selection and interpretation of Qur’ānic verses when he applies it as reference to the Prophet life.

Keywords: Sīra Nabawiyya, Ibn Rabban, al-Dīn wa al-Dawla, Christian, Dalāil Nubuwwa

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3232 The Digital Desert in Global Business: Digital Analytics as an Oasis of Hope for Sub-Saharan Africa

Authors: David Amoah Oduro

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In the ever-evolving terrain of international business, a profound revolution is underway, guided by the swift integration and advancement of disruptive technologies like digital analytics. In today's international business landscape, where competition is fierce, and decisions are data-driven, the essence of this paper lies in offering a tangible roadmap for practitioners. It is a guide that bridges the chasm between theory and actionable insights, helping businesses, investors, and entrepreneurs navigate the complexities of international expansion into sub-Saharan Africa. This practitioner paper distils essential insights, methodologies, and actionable recommendations for businesses seeking to leverage digital analytics in their pursuit of market entry and expansion across the African continent. What sets this paper apart is its unwavering focus on a region ripe with potential: sub-Saharan Africa. The adoption and adaptation of digital analytics are not mere luxuries but essential strategic tools for evaluating countries and entering markets within this dynamic region. With the spotlight firmly fixed on sub-Saharan Africa, the aim is to provide a compelling resource to guide practitioners in their quest to unearth the vast opportunities hidden within sub-Saharan Africa's digital desert. The paper illuminates the pivotal role of digital analytics in providing a data-driven foundation for market entry decisions. It highlights the ability to uncover market trends, consumer behavior, and competitive landscapes. By understanding Africa's incredible diversity, the paper underscores the importance of tailoring market entry strategies to account for unique cultural, economic, and regulatory factors. For practitioners, this paper offers a set of actionable recommendations, including the creation of cross-functional teams, the integration of local expertise, and the cultivation of long-term partnerships to ensure sustainable market entry success. It advocates for a commitment to continuous learning and flexibility in adapting strategies as the African market evolves. This paper represents an invaluable resource for businesses, investors, and entrepreneurs who are keen on unlocking the potential of digital analytics for informed market entry in Africa. It serves as a guiding light, equipping practitioners with the essential tools and insights needed to thrive in this dynamic and diverse continent. With these key insights, methodologies, and recommendations, this paper is a roadmap to prosperous and sustainable market entry in Africa. It is vital for anyone looking to harness the transformational potential of digital analytics to create prosperous and sustainable ventures in a region brimming with promise. In the ever-advancing digital age, this practitioner paper becomes a lodestar, guiding businesses and visionaries toward success amidst the unique challenges and rewards of sub-Saharan Africa's international business landscape.

Keywords: global analytics, digital analytics, sub-Saharan Africa, data analytics

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3231 Choice Analysis of Ground Access to São Paulo/Guarulhos International Airport Using Adaptive Choice-Based Conjoint Analysis (ACBC)

Authors: Carolina Silva Ansélmo

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Airports are demand-generating poles that affect the flow of traffic around them. The airport access system must be fast, convenient, and adequately planned, considering its potential users. An airport with good ground access conditions can provide the user with a more satisfactory access experience. When several transport options are available, service providers must understand users' preferences and the expected quality of service. The present study focuses on airport access in a comparative scenario between bus, private vehicle, subway, taxi and urban mobility transport applications to São Paulo/Guarulhos International Airport. The objectives are (i) to identify the factors that influence the choice, (ii) to measure Willingness to Pay (WTP), and (iii) to estimate the market share for each modal. The applied method was Adaptive Choice-based Conjoint Analysis (ACBC) technique using Sawtooth Software. Conjoint analysis, rooted in Utility Theory, is a survey technique that quantifies the customer's perceived utility when choosing alternatives. Assessing user preferences provides insights into their priorities for product or service attributes. An additional advantage of conjoint analysis is its requirement for a smaller sample size compared to other methods. Furthermore, ACBC provides valuable insights into consumers' preferences, willingness to pay, and market dynamics, aiding strategic decision-making to provide a better customer experience, pricing, and market segmentation. In the present research, the ACBC questionnaire had the following variables: (i) access time to the boarding point, (ii) comfort in the vehicle, (iii) number of travelers together, (iv) price, (v) supply power, and (vi) type of vehicle. The case study questionnaire reached 213 valid responses considering the scenario of access from the São Paulo city center to São Paulo/Guarulhos International Airport. As a result, the price and the number of travelers are the most relevant attributes for the sample when choosing airport access. The market share of the selection is mainly urban mobility transport applications, followed by buses, private vehicles, taxis and subways.

Keywords: adaptive choice-based conjoint analysis, ground access to airport, market share, willingness to pay

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3230 Early Modern Controversies of Mobility within the Spanish Empire: Francisco De Vitoria and the Peaceful Right to Travel

Authors: Beatriz Salamanca

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In his public lecture ‘On the American Indians’ given at the University of Salamanca in 1538-39, Francisco de Vitoria presented an unsettling defense of freedom of movement, arguing that the Spanish had the right to travel and dwell in the New World, since it was considered part of the law of nations [ius gentium] that men enjoyed free mutual intercourse anywhere they went. The principle of freedom of movement brought hopeful expectations, promising to bring mankind together and strengthen the ties of fraternity. However, it led to polemical situations when those whose mobility was in question represented a harmful threat or was for some reason undesired. In this context, Vitoria’s argument has been seen on multiple occasions as a justification of the expansion of the Spanish empire. In order to examine the meaning of Vitoria’s defense of free mobility, a more detailed look at Vitoria’s text is required, together with the study of some of his earliest works, among them, his commentaries on Thomas Aquinas’s Summa Theologiae, where he presented relevant insights on the idea of the law of nations. In addition, it is necessary to place Vitoria’s work in the context of the intellectual tradition he belonged to and the responses he obtained from some of his contemporaries who were concerned with similar issues. The claim of this research is that the Spanish right to travel advocated by Vitoria was not intended to be interpreted in absolute terms, for it had to serve the purpose of bringing peace and unity among men, and could not contradict natural law. In addition, Vitoria explicitly observed that the right to travel was only valid if the Spaniards caused no harm, a condition that has been underestimated by his critics. Therefore, Vitoria’s legacy is of enormous value as it initiated a long lasting discussion regarding the question of the grounds under which human mobility could be restricted. Again, under Vitoria’s argument it was clear that this freedom was not absolute, but the controversial nature of his defense of Spanish mobility demonstrates how difficult it was and still is to address the issue of the circulation of peoples across frontiers, and shows the significance of this discussion in today’s globalized world, where the rights and wrongs of notions like immigration, international trade or foreign intervention still lack sufficient consensus. This inquiry about Vitoria’s defense of the principle of freedom of movement is being placed here against the background of the history of political thought, political theory, international law, and international relations, following the methodological framework of contextual history of the ‘Cambridge School’.

Keywords: Francisco de Vitoria, freedom of movement, law of nations, ius gentium, Spanish empire

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3229 Inclusive Cultural Heritage Tourism Project

Authors: L. Cruz-Lopes, M. Sell, P. Escudeiro, B. Esteves

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It might be difficult for deaf people to communicate since spoken and written languages are different from sign language. When it comes to getting information, going to places of cultural heritage, or using services and infrastructure, there is a clear lack of inclusiveness. By creating assistive technology that enables deaf individuals to get around communication hurdles and encourage inclusive tourism, the ICHT- Inclusive Cultural Heritage Tourism initiative hopes to increase knowledge of sign language. The purpose of the Inclusive Cultural Heritage Tourism (ICHT) project is to develop online and on-site sign language tools and material for usage at popular tourist destinations in the northern region of Portugal, including Torre dos Clérigos, the Lello bookstore, Maia Zoo, Porto wine cellars, and São Pedro do Sul (Viseu) thermae. The ICHT system consists of an application using holography, a mobile game, an online platform for collaboration with deaf and hearing users, and a collection of International Sign training courses. The project also offers a prospect for a more inclusive society by introducing a method of teaching sign languages to tourism industry professionals. As a result, the teaching and learning of sign language along with the assistive technology tools created by the project sets up an inclusive environment for the deaf community, producing results in the area of automatic sign language translation and aiding in the global recognition of the Portuguese tourism industry.

Keywords: inclusive tourism, games, international sign training, deaf community

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3228 Identification of Ice Hockey World Championship International Sports Event through Brand Personality

Authors: Eva Čáslavová, Andrej Višněvský

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This research focused on the dimensions of brand personality of the Ice Hockey World Championship sporting event. The authors compared the elements in relation to different demographic groups including gender, age, level of education and student status of the population of Prague. Moreover, the differences of opinions of respondents who had experience of visiting a sports event and those who had not were assessed. In the research, the modified brand personality scale was used. This modified scale consists of five dimensions: responsibility, activity, toughness, individuality and emotionality, none of which was previously tested. The authors had an intentional sample of 291 respondents from Prague available, ranging in age from 18 years to 75 years, with either a high school or university education. The respondents rated the characteristic features in a seven-point Likert Scale and the data was collected in November 2012. The results suggest that the Ice Hockey World Championship is most identified with these dimensions: responsibility, emotionality and activity. Men had higher mean scores (4.93) on the Likert Scale in the emotionality dimension, while women had higher mean scores (4.91) in the activity dimension. Those respondents with experience visiting an Ice Hockey World Championship match had the highest mean score (5.10) in the emotionality dimension. This research had expected to show more pronounced mean values (above six) on the Likert scale in the emotionality and activity dimensions that more strongly characterize the brand personality of the Ice Hockey World Championship, however this expectation was not confirmed.

Keywords: dimensions, brand personality, ice hockey, international sports event, marketing

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3227 Determinants of Extra Charges for Container Shipments: A Case Study of Nexus Zone Logistics

Authors: Zety Shakila Binti Mohd Yusof, Muhammad Adib Bin Ishak, Hajah Fatimah Binti Hussein

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The international shipping business is related to numerous controls or regulations of export and import shipments. It is costly and time consuming, and when something goes wrong or when the buyer or seller fails to comply with the regulations, it can result in penalties, delays, and unexpected costs etc. For the focus of this study, the researchers have selected a local forwarder that provides forwarding and clearance services, Nexus Zone Logistics. It was identified that this company currently has many extra costs to be paid including local and detention charges, which negatively impacts the flow of income and reduces overall stability. Two variables have been identified as factors of extra charges; loaded containers entering the port by exceeded closing time and late delivery of empty containers to the container yard. This study is a qualitative in nature and the secondary data collected was analyzed using self-administered observation. The findings of this study were covered by one selected case for each export and import shipment between July and December 2014. The data were analyzed using frequency analysis based on tables and graphs. The researcher recommends Nexus Zone Logistics impose a 1% deposit payment per container for each shipment (export and import) to its customers.

Keywords: international shipping, export and import, detention charges, container shipment

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3226 Assessment of Physical Learning Environments in ECE: Interdisciplinary and Multivocal Innovation for Chilean Kindergartens

Authors: Cynthia Adlerstein

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Physical learning environment (PLE) has been considered, after family and educators, as the third teacher. There have been conflicting and converging viewpoints on the role of the physical dimensions of places to learn, in facilitating educational innovation and quality. Despite the different approaches, PLE has been widely recognized as a key factor in the quality of the learning experience , and in the levels of learning achievement in ECE . The conceptual frameworks of the field assume that PLE consists of a complex web of factors that shape the overall conditions for learning, and that much more interdisciplinary and complementary methodologies of research and development are required. Although the relevance of PLE attracts a broad international consensus, in Chile it remains under-researched and weakly regulated by public policy. Gaining deeper contextual understanding and more thoughtfully-designed recommendations require the use of innovative assessment tools that cross cultural and disciplinary boundaries to produce new hybrid approaches and improvements. When considering a PLE-based change process for ECE improvement, a central question is what dimensions, variables and indicators could allow a comprehensive assessment of PLE in Chilean kindergartens? Based on a grounded theory social justice inquiry, we adopted a mixed method design, that enabled a multivocal and interdisciplinary construction of data. By using in-depth interviews, discussion groups, questionnaires, and documental analysis, we elicited the PLE discourses of politicians, early childhood practitioners, experts in architectural design and ergonomics, ECE stakeholders, and 3 to 5 year olds. A constant comparison method enabled the construction of the dimensions, variables and indicators through which PLE assessment is possible. Subsequently, the instrument was applied in a sample of 125 early childhood classrooms, to test reliability (internal consistency) and validity (content and construct). As a result, an interdisciplinary and multivocal tool for assessing physical learning environments was constructed and validated, for Chilean kindergartens. The tool is structured upon 7 dimensions (wellbeing, flexible, empowerment, inclusiveness, symbolically meaningful, pedagogically intentioned, institutional management) 19 variables and 105 indicators that are assessed through observation and registration on a mobile app. The overall reliability of the instrument is .938 while the consistency of each dimension varies between .773 (inclusive) and .946 (symbolically meaningful). The validation process through expert opinion and factorial analysis (chi-square test) has shown that the dimensions of the assessment tool reflect the factors of physical learning environments. The constructed assessment tool for kindergartens highlights the significance of the physical environment in early childhood educational settings. The relevance of the instrument relies in its interdisciplinary approach to PLE and in its capability to guide innovative learning environments, based on educational habitability. Though further analysis are required for concurrent validation and standardization, the tool has been considered by practitioners and ECE stakeholders as an intuitive, accessible and remarkable instrument to arise awareness on PLE and on equitable distribution of learning opportunities.

Keywords: Chilean kindergartens, early childhood education, physical learning environment, third teacher

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3225 Culture as a Barrier: Political Rights of Women in Pakhtun Society

Authors: Muhammad Adil

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Women in different parts of the world confront several barriers to accomplishing their legal rights, particularly political rights. One of the common barriers in this respect is the indigenous culture of the locality. In the same way, women in Khyber Pakhtunkhwa are facing difficulties in accomplishing their political rights. The most significant obstacle in this context is Pakhtunwali, the traditional code of conduct in Pakhtun society, which is perceived as a substantial impediment for Pakhtun women in practicing their political rights as guaranteed by the Constitution of Pakistan and international legal instruments. Several codes of Pakhtunwali, like peghor (slander or abuse), tor (blame or disgraced), sharam (shame and dishonor), purdah (gender segregation), and ghayrat (honor) have a prominent role in this regard. The research approach employed a combination of both qualitative and quantitative methods to ensure a thorough exploration of the subject. Not only different documents have been analyzed but also a questionnaire has been developed to get accurate findings. Simultaneously, both primary and secondary data have been utilized. The finding shows that the Pakhtun culture is a formidable hurdle in accomplishing women’s political rights in Pakhtun society, particularly in rural areas. Observation reveals that a prevailing societal perception is that having women as their representatives would be viewed as a challenge to the honor of Pakhtun men. Consequently, women candidates who participated in the general elections in Khyber Pakhtunkhwa received only 1 percent or less than 1 percent of the votes compared to their male counterparts. It is recommended that certain codes of Pakhtunwali should be redefined and made compatible with international legal instruments.

Keywords: constitution, fundamental rights, honor, pakhtunwali.

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3224 The Challenge of the Decarbonization of Shipping and Complex Imo Regulations

Authors: Saiyeed Jakaria Baksh Imran

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The earth is being endangered by many of the climate related issues today. The most serious issue for the world today is the global warming. Increase in Greenhouse gas (GHG) emissions post-industrial revolution period is the prime reason for global warming. Shipping is the fifth largest GHG emitting sector worldwide. The key reason for this is because, over 90% of the world trade is conducted through ocean as the ocean alone covers 70% of the earth surface. While the countries continue to develop, trade and commerce continue to increase between them simultaneously. However, there is no sign of reduction in GHG emission from shipping because of many concerned issues. Firstly, there is technological barrier for which ships cannot just become environment friendly immediately. Secondly, there is no alternative fuel available as well. Thirdly, there is no proper mechanism to measure how much ships emit as emission from ships vary according to the size, engine type and loading capacity of ships. The International Maritime Organization (IMO) being the governing body of the international shipping has implemented MARPOL Annex VI. However, the policy alone is not enough unless there is a proper data available regarding ship emissions, which the IMO is yet to figure out. This paper will present a critical analysis of existing IMO policies such as the Energy Efficiency Design Index (EEDI), Ship Energy Efficiency Management Plan (SEEMP), Data Collection System (SEEMP) and the IMO’s Initial Strategy on Reduction of Greenhouse Gas emissions from shipping. Also, the challenges exist in implementing such policies have been presented in the paper.

Keywords: GHG, IMO, EEDI, SEEMP, DCS, greenhouse gas, decarbonization, shipping

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3223 Post-Conflict; The Shift of Social Values of Women in Aceh Indonesia Islamic Law

Authors: Khairul Hasni

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A Memorandum of Understanding (MoU) for the cessation of hostilities was signed by Aceh's longstanding adversaries (the Government of Indonesia and the Free Aceh Movement (GAM) in August 2005. The Government of Indonesia has given the autonomy to Aceh Province of Indonesia, the Law Number 11 of 2006 the authority of the Aceh government to the implementation of the Islamic Sharia. The implementation of Islamic Sharia, Aceh can be a role model of Islam that glorifies women, the implementation of Islamic law in Aceh when enacted and got legality because it supported the socio-cultural and historical community. The value of the value of women's lives is shifted under the pressure of applying Islamic law, with this argument, the importance of justice and equality of policy enforcement in women's lives. Based on interviews conducted in 2016 and 2017 with women's activists, government officials, women non-governmental organizations in Aceh, this paper finds that there is lack of gender balance because of the many problems involving women in the enactment of regional regulations and control policies on women's bodies. The research points to ensure the implementation of Islamic Sharia practitioners have only directed to women and discrimination against women.

Keywords: women, policy, Islamic law, social

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3222 Tagging a corpus of Media Interviews with Diplomats: Challenges and Solutions

Authors: Roberta Facchinetti, Sara Corrizzato, Silvia Cavalieri

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Increasing interconnection between data digitalization and linguistic investigation has given rise to unprecedented potentialities and challenges for corpus linguists, who need to master IT tools for data analysis and text processing, as well as to develop techniques for efficient and reliable annotation in specific mark-up languages that encode documents in a format that is both human and machine-readable. In the present paper, the challenges emerging from the compilation of a linguistic corpus will be taken into consideration, focusing on the English language in particular. To do so, the case study of the InterDiplo corpus will be illustrated. The corpus, currently under development at the University of Verona (Italy), represents a novelty in terms both of the data included and of the tag set used for its annotation. The corpus covers media interviews and debates with diplomats and international operators conversing in English with journalists who do not share the same lingua-cultural background as their interviewees. To date, this appears to be the first tagged corpus of international institutional spoken discourse and will be an important database not only for linguists interested in corpus analysis but also for experts operating in international relations. In the present paper, special attention will be dedicated to the structural mark-up, parts of speech annotation, and tagging of discursive traits, that are the innovational parts of the project being the result of a thorough study to find the best solution to suit the analytical needs of the data. Several aspects will be addressed, with special attention to the tagging of the speakers’ identity, the communicative events, and anthropophagic. Prominence will be given to the annotation of question/answer exchanges to investigate the interlocutors’ choices and how such choices impact communication. Indeed, the automated identification of questions, in relation to the expected answers, is functional to understand how interviewers elicit information as well as how interviewees provide their answers to fulfill their respective communicative aims. A detailed description of the aforementioned elements will be given using the InterDiplo-Covid19 pilot corpus. The data yielded by our preliminary analysis of the data will highlight the viable solutions found in the construction of the corpus in terms of XML conversion, metadata definition, tagging system, and discursive-pragmatic annotation to be included via Oxygen.

Keywords: spoken corpus, diplomats’ interviews, tagging system, discursive-pragmatic annotation, english linguistics

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3221 Evaluation of Sustainable Blue Economy Development Performance: Method and Case

Authors: Mingbao Chen

Abstract:

After Rio+20, the blue economy rises all over the world, and it has become the focus field of national development. At present, the blue economy has become a new growth point in the field of global economy and the direction of the development of ‘green’ in the ocean. However, in fact, the key factors affecting the development of the blue economy have not been explored in depth, and the development policies and performance of the blue economy have not been scientifically evaluated. This cannot provide useful guidance for the development of the blue economy. Therefore, it is urgent to establish a quantitative evaluation framework to measure the performance of the blue economic development. Based on the full understanding of the connotation and elements of the blue economy, and studying the literature, this article has built an universality and operability evaluation index system, including ecological environment, social justice, sustainable growth, policy measures, and so on. And this article also established a sound evaluation framework of blue economic development performance. At the same time, this article takes China as a sample to test the framework of the adaptability, and to assess the performance of China's blue economic.

Keywords: Blue economy, development performance, evaluation framework, assess method

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3220 New Environmental Culture in Algeria: Eco Design

Authors: S. Tireche, A. Tairi abdelaziz

Abstract:

Environmental damage has increased steadily in recent decades: Depletion of natural resources, destruction of the ozone layer, greenhouse effect, degradation of the quality of life, land use etc. New terms have emerged as: "Prevention rather than cure" or "polluter pays" falls within the principles of common sense, their practical implementation still remains fragmented. Among the avenues to be explored, one of the most promising is certainly one that focuses on product design. Indeed, where better than during the design phase, can reduce the source of future impacts on the environment? What choices or those of design, they influence more on the environmental characteristics of products? The most currently recognized at the international level is the analysis of the life cycle (LCA) and Life Cycle Assessment, subject to International Standardization (ISO 14040-14043). LCA provides scientific and objective assessment of potential impacts of the product or service, considering its entire life cycle. This approach makes it possible to minimize impacts to the source in pollution prevention. It is widely preferable to curative approach, currently majority in the industrial crops, led mostly by a report of pollution. The "product" is to reduce the environmental impacts of a given product, taking into account all or part of its life cycle. Currently, there are emerging tools, known as eco-design. They are intended to establish an environmental profile of the product to improve its environmental performance. They require a quantity sufficient information on the product for each phase of its life cycle: raw material extraction, manufacturing, distribution, usage, end of life (recycling or incineration or deposit) and all stages of transport. The assessment results indicate the sensitive points of the product studied, points on which the developer must act.

Keywords: eco design, impact, life cycle analysis (LCA), sustainability

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3219 Bilateral Relations in Matter of Defense between Argentina-United States and Argentina-China along the Period 2005-2015: Advice to Develop a Rational Defense Foreign Policy for Peripheral Countries

Authors: Alvarez Magañini, María Victoria-Rubbi, Lautaro Nahuel

Abstract:

At present, we are facing an unstable international context, conditioned by a relative decline of the US power, primarily in the economic sphere and, to a lesser extent, in the military sphere. This scenario of multipolarity creates tension and uncertainty in the peripheral countries when the issue of their foreign policy arises. This paper presents an analysis of the bilateral relations that were maintained by the Argentine Republic, a peripheral country, along with the United States and China during the period of 2005-2015 in matters of defense in order to identify the empirical consequences resulted from the Argentine actions. Based on the conceptual framework of Peripheral Realism, we analyze indicators related to the weapon trade, defense loans, joint exercises, and personnel training, among others. There will also be a comparative analysis of the conventional military forces of the two powers in question, United States and China. As a conclusion, the cost of having closer relations with China instead of the United States in the defense agenda has been clearly higher than the benefits obtained. The conclusions drawn are empirically aligned with the theoretical paradigm of peripheral realism. Although there are certain conceptual and methodological digressions, these conclusions they could be useful to update and adapt the theory to the current complex international scenario.

Keywords: China, United States, Argentine, peripheral country, peripheral realism

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3218 Impact of Changes of the Conceptual Framework for Financial Reporting on the Indicators of the Financial Statement

Authors: Nadezhda Kvatashidze

Abstract:

The International Accounting Standards Board updated the conceptual framework for financial reporting. The main reason behind it is to resolve the tasks of the accounting, which are caused by the market development and business-transactions of a new economic content. Also, the investors call for higher transparency of information and responsibility for the results in order to make a more accurate risk assessment and forecast. All these make it necessary to further develop the conceptual framework for financial reporting so that the users get useful information. The market development and certain shortcomings of the conceptual framework revealed in practice require its reconsideration and finding new solutions. Some issues and concepts, such as disclosure and supply of information, its qualitative characteristics, assessment, and measurement uncertainty had to be supplemented and perfected. The criteria of recognition of certain elements (assets and liabilities) of reporting had to be updated, too and all this is set out in the updated edition of the conceptual framework for financial reporting, a comprehensive collection of concepts underlying preparation of the financial statement. The main objective of conceptual framework revision is to improve financial reporting and development of clear concepts package. This will support International Accounting Standards Board (IASB) to set common “Approach & Reflection” for similar transactions on the basis of mutually accepted concepts. As a result, companies will be able to develop coherent accounting policies for those transactions or events that are occurred from particular deals to which no standard is used or when standard allows choice of accounting policy.

Keywords: conceptual framework, measurement basis, measurement uncertainty, neutrality, prudence, stewardship

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3217 The Mechanism of Upgrading and Urban Development in the Egyptian City: Case Study of Damietta

Authors: Lina Fayed Amin

Abstract:

The research studied, in the beginning, the related urban concepts such as the urban, development, urban development. As it also deals with the upgrading, urban upgrading, community participation and the role of local administration in development and upgrading projects. Then it studies some regional upgrading & urban development projects in Egypt followed by international projects, and the analysis the strategies followed in dealing with these projects. Afterwards, we state the regional aspects of both Damietta governorate & city, dealing with its potentials & development constraints. Followed by studying the upgrading and urban development projects strategies in reflection to the city’s crucial problems, and the constraints that faced the upgrading & development project. Then, it studied the implementation of the project’s strategies & it provided the financial resources needed for the development project in Damietta city. Followed by the studying of the urban and human development projects in the upgrading of Damietta city, as well as analyzing the different projects &analyzing the results of these projects on the aspects of the city’s needs. Then the research analysis in comparison the upgrading and urban development project in Damietta and the regional upgrading and development projects in Egypt. As well as the comparison between the upgrading and urban development project and the international projects in some Arabic and foreign countries in relation to the goals, problems, obstacles, the community participation, the finance resources and the results. Finally, it reviews the results and recommendations that were reached as a result of studying the similar urban upgrading projects in Egypt and in some Arabic and foreign countries. Followed by the analytical analysis of the upgrading and urban development in Egypt

Keywords: Damietta city, urban development, upgrading mechanisms, urban upgrading

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3216 Counter-Terrorism Policies in the Wider Black Sea Region: Evaluating the Robustness of Constantza Port under Potential Terror Attacks

Authors: A. V. Popa, C. Barna, V. Mihalache

Abstract:

Being the largest port at the Black Sea and functioning as a civil and military nodal point between Europe and Asia, Constantza Port has become a potential target on the terrorist international agenda. The authors use qualitative research based on both face-to-face and online semi-structured interviews with relevant stakeholders (top decision-makers in the Romanian Naval Authority, Romanian Maritime Training Centre, National Company "Maritime Ports Administration" and military staff) in order to detect potential vulnerabilities which might be exploited by terrorists in the case of Constantza Port. Likewise, this will enable bringing together the experts’ opinions on potential mitigation measures. Subsequently, this paper formulates various counter-terrorism policies to enhance the robustness of Constantza Port under potential terror attacks and connects them with the attributions in the field of critical infrastructure protection conferred by the law to the lead national authority for preventing and countering terrorism, namely the Romanian Intelligence Service. Extending the national counterterrorism efforts to an international level, the authors propose the establishment – among the experts of the NATO member states of the Wider Black Sea Region – of a platform for the exchange of know-how and best practices in the field of critical infrastructure protection.

Keywords: Constantza Port, counter-terrorism policies, critical infrastructure protection, security, Wider Black Sea Region

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3215 Equal Right to Inherit: A South African Perspective

Authors: Rika van Zyl

Abstract:

South Africa’s racial discrimination past has led to the drafting of the Constitution with the Bill of Rights for the people of South Africa. The Bill of Rights prohibits the state from unfairly discriminating directly or indirectly on certain grounds, one of which is race and another is gender. This has forced changes to the law of succession. The customary law rule of male primogeniture was abolished to ensure that women were not excluded from the intestate succession of the male head of the family in 2005. It was said that this rule cannot be reconciled with the notions of equality and human dignity contained in the Bill of Rights. The freedom of testation has further come under fire in South Africa, where it was found to be unfair discrimination and against public policy to exclude a specific gender (women) from inheriting in a private will. Although no one has the right to inherit in South Africa, any person with an interest can approach the court alleging that a right in the Bill of Rights has been infringed. A will that is found inconsistent with the South African Bill of Rights then cannot be enforced. Recent case law found that to leave out a specific gender (women) from a will, based entirely on the fact that they are of said specific gender, is in contravention of the Constitution and should, therefore, be declared invalid. It was said that the courts should take a transformative constitutional approach when equality rights are affected. Otherwise, the historical and insidious unequal distribution of wealth in South Africa will continue along the fault lines such as gender. This decision has opened the debate on the extent to which the state can interfere with the private autonomy of an individual who is deceased. Some of these arguments will be discussed, including the ambit of public policy in this regard.

Keywords: equality, discrimination, succession, public policy

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3214 Cross- Cultural Cooperation and Innovation: An Exploration of Chinese Foreign Direct Investment in Europe

Authors: Yongsheng Guo, Shuchao Li

Abstract:

This study explores Chinese foreign direct investment (FDI) in Europe and the cross-cultural cooperation between Chinese and European managers. The aim of this research is to shed light on the phenomenon of investments in developed countries from an emerging market and to gain insights into the cooperation process. A grounded theory approach is adopted, and 46 semi-structured interviews were conducted with 10 case companies in Germany and 13 case companies in the UK. Grounded theory models are developed from primary data and interview quotes are used to support the themes. The interviewees perceived differences between the two parties in cultural traits, management concepts, knowledge structure and resource endowment between the two parties. Chinese and European partners can take advantage of different resources and cooperate in innovative ways to improve corporate performance. Moreover, both parties appreciate different ethical and cultural characteristics and complement each other to develop a combined organizational culture. This study proposes an ethical and cultural diversity theory in international management arguing that a team with diversified values and behaviors may be more excited and motivated. This study suggests that “resource complement” and “cross-cultural cooperation” might be an advantage for international investment. Firms are encouraged to open their minds and cooperate with partners with different resources and cultures. The authorities may review the FDI policies to reduce social and political barriers.

Keywords: cross-culture, FDI, cooperation, innovation, China, Europe

Procedia PDF Downloads 98
3213 Information Technology Impacts on the Supply Chain Performance: Case Study Approach

Authors: Kajal Zarei

Abstract:

Supply chain management is becoming an increasingly important issue in many businesses today. In such circumstances, a number of reasons such as management deficiency in different segments of the supply chain, lack of streamlined processes, resistance to change the current systems and technologies, and lack of advanced information system have paved the ground to ask for innovative research studies. To this end, information technology (IT) is becoming a major driver to overcome the supply chain limitations and deficiencies. The emergence of IT has provided an excellent opportunity for redefining the supply chain to be more effective and competitive. This paper has investigated the IT impact on two-digit industry codes in the International Standard Industrial Classification (ISIC) that are operating in four groups of the supply chains. Firstly, the primary fields of the supply chain were investigated, and then paired comparisons of different industry parts were accomplished. Using experts' ideas and Analytical Hierarchy Process (AHP), the status of industrial activities in Kurdistan Province in Iran was determined. The results revealed that manufacturing and inventory fields have been more important compared to other fields of the supply chain. In addition, IT has had greater impact on food and beverage industry, chemical industry, wood industry, wood products, and production of basic metals. The results indicated the need to IT awareness in supply chain management; in other words, IT applications needed to be developed for the identified industries.

Keywords: supply chain, information technology, analytical hierarchy process, two-digit codes, international standard industrial classification

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3212 Protection and Education of Consumer Interest through Competition Laws: A Comparative Appraisal

Authors: Gurbinder Kaur

Abstract:

It is notable that due to advanced technology and trends adopted by service providers to kill competition, the concept of ‘consumer interest’ is no longer limited to a domestic extent, but it is extended to extraterritorial limits. Therefore, the focus of this research work is to examine the regulation of consumer protection at the international level and its correspondence with the domestic laws of various countries. Consumer interest is tendered by various trade practices like pricing policies, financing practices, and quality of goods and services. Nowadays, the term ‘consumer’ is not limited merely to the person who consumes the goods and avails services as an end user. In fact, every individual is a consumer, regardless of occupation, age, gender, community or religious affiliation. The term ‘consumer’ would therefore include not only the consumer of the final product but also the consumer of raw material and intermediate products. Despite apparent variation among domestic laws of various countries, the veneer is almost the same, with the emphasis on purchasing, consuming or using goods or services. Thus, the definition of ‘consumer’ is widened to those of old laws while keeping in consideration the present scenario of the victimization of consumers and their exploitation or unfair advantages taken by the trading world. Moreover, Lack of awareness, illiteracy and consumer buying behaviour, ignorant behaviour or reluctance to take the initiative to check the problem or tolerance against trade tricks and frauds are some of the reasons behind the victimization of consumers. All governments must protect consumers from fraud, unfair trade tricks and practices from within and outside of their respective countries. This paper not only evaluates the modern concept of the consumer but also analyzes the consumer behaviour, rights and liabilities of consumers along with their protection through various corresponding laws of the governments of other nations. These laws empower competition regulatory authorities to enter into a memorandum or arrangement with the prior approval of their domestic Governments, with any relevant agency of any foreign country. For the said purpose, an overview has been made about comparative and critical analyses of the working of International Organizations in the form of treaties, covenants, conventions and reports submitted by international economists, experts and jurists internationally, which are crucial parts of today’s business jurisprudence (specifically relating to the consumer interest) of developed and developing countries. After analyzing them, the researcher has made an earnest attempt to encapsulate the chronological background of consumer jurisprudence along with current situations in various countries.

Keywords: consumer interest, consumer education, trade, consumer protection

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3211 The Genetic Basis of the Lack of Impulse Control: What is Provided for the Criminal Law?

Authors: Amir Bastani

Abstract:

The result of the research in the field of human behavioural genetics demonstrates a genetic contribution of behavioural differences in aggression, violence, drug and substance abuse, antisocial personality disorder and other related traits. As the field of human behavioural genetics progresses and achieves credibility, the criminal accused continue to use its types of evidence into the criminal law. One of the most important genetic factors which controls certain neurotransmitters like dopamine and serotonin is the Monoamine Oxidase Acid A (MAOA) gene, known as the 'warrior gene'. The high-profile study by Caspi and colleagues in 2002 showed that the combination between one type of variation of the MAOA gene and childhood maltreatment noticeably predisposes a person to antisocial behaviour. Moreover, further scientific research shows that individuals with the MAOA gene have to some degree difficulties in controlling their impulses. Based on the evidence of MAOA, some criminal accused claimed difficulties in self-control. In the first case – the famous case of Mobley – the court rejected the MAOA evidence on the ground of the lack of scientific support. In contrast, in other cases after the Mobley trial, courts accepted the evidence of MAOA. In this paper, the issue of lack of impulse control produced by the MAOA gene and cases which relied on the MAOA evidence and successfully being accepted will be reviewed in detail. Finally, the anticipation of the paper for the future use of the MAOA evidence in criminal cases will be presented.

Keywords: genetic defence, criminal responsibility, MAOA, self-control

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3210 A Corpus-Based Approach to Understanding Market Access in Fisheries and Aquaculture: A Systematic Literature Review

Authors: Cheryl Marie Cordeiro

Abstract:

Although fisheries and aquaculture studies might seem marginal to international business (IB) studies in general, fisheries and aquaculture IB (FAIB) management is currently facing increasing pressure to meet global demand and consumption for fish in the next coming decades. In part address to this challenge, the purpose of this systematic review of literature (SLR) study is to investigate the use of the term ‘market access’ in its context of use in the generic literature and business sector discourse, in comparison to the more specific literature and discourse in fisheries, aquaculture and seafood. This SLR aims to uncover the knowledge/interest gaps between the academic subject discourses and business sector practices. Corpus driven in methodology and using a triangulation method of three different text analysis software including AntConc, VOSviewer and Web of Science (WoS) analytics, the SLR results indicate a gap in conceptual knowledge and business practices in how ‘market access’ is conceived and used in the context of the pharmaceutical healthcare industry and FAIB research and practice. While it is acknowledged that the product orientation of different business sectors might differ, this SLR study works with the assumption that both business sectors are global in orientation. These business sectors are complex in their operations from product to market. This SLR suggests a conceptual model in understanding the challenges, the potential barriers as well as avenues for solutions to developing market access for FAIB.

Keywords: market access, fisheries and aquaculture, international business, systematic literature review

Procedia PDF Downloads 147