Search results for: legal texts

Authors: Ahmed Farouk Radwan, Sheren Mousa

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There are many laws and regulations governing the use of new and social media in the United Arab Emirates. During the past few years, the importance of using these platforms in the fields of media and government communication has increased, as well as at the level of individual use. In 2016, the National Media Council Law was issued to regulate traditional and new media field, and gave the council the power to oversee and undertake the media affairs in the state. NMC is mandated to: Develop the UAE’s media policy, Draft media legislation and ensure its execution and Prohibited media content ,Co-ordinate the media policy between the emirates in line with the UAE’s domestic and foreign policy, Ensure support for the federation and project national unity. All media organizations in the UAE must comply with the regulations and rules issued by council. Social media influencers have to be licensed by NMC if they accept paid ads to be published on their accounts. The study explores other laws concerning of new media and social media regulations and ethics including Combatting Cybercrimes law, Combating Discrimination and Hatred law, The Government Guidelines for social media users in the UAE, The Guidelines for the practices of electronic participation and social networking, Copyright Law, and Child Rights Law. The study clarifies the legal articles, items and standards in all these laws which related with the new media and social platforms and also determines the prohibited digital practices and the cultural norms governing it.

Keywords: media laws, media ethics, new media , UAE

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Authors: Ashfaq M. Naikwadi

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Decided cases of medical negligence, mostly are not settled in the lower courts. Majority of them reach up to the apex courts. This is mostly due to different interpretations of the term medical negligence. After studying various cases of medical negligence it is found that in most of the cases the doctors/hospitals are not held liable. There are different interpretations of law concerning medical services. Globally the principles deciding medical negligence are same, viz. Legal duty of care - breach of that duty - direct causation resulting in damages. Since ordinary negligence is not punishable by law, doctors/hospitals have defenses to save themselves from liability. Complaints of negligence come to the courts whose judges mostly are not oriented with medical services or health sciences. Matters of medical negligence are decided on the basic principles of reasonableness and prudence or by relying on the expert’s opinion. Deciding reasonableness or prudence is a complex issue in case of medical services. Again expert opinion is also questionable as an expert in case of medical negligence is appointed from the same field and same faculty. There is a chance of favoritism to the doctor/hospital. The concept of vicarious liability is not widely applied to in many of the medical negligence cases. Established cases used as precedents were studied to understand the basic principles in deciding medical negligence. This paper evaluates the present criteria in interpreting medical negligence and concludes with suggesting reforms required to be made in deciding matters of medical negligence under the consumer laws.

Keywords: consumer, doctors, laws, medical negligence

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Authors: Linqing Ma, Huiling Feng, Jihong Liang, Yi Qian

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In China, some villages have survived in the long history of changes and remain until today with their unique styles and featured culture developed in the past. Those ancient villages, usually aged for hundreds or thousands of years, are the mirror for traditional Chinese culture, especially the farming-studying culture represented by the Confucianism. Gaoqian, an ancient village with a population of 3,000 in Zhejiang province, is such a case. With a history dating back to Yuan Dynasty, Gaoqian Village has 13 well-preserved traditional Chinese houses with a courtyard, which were built in the Ming and Qing Dynasty. It is a fine specimen to study traditional rural China. In China, some villages have survived in the long history of changes and remain until today with their unique styles and featured culture developed in the past. Those ancient villages, usually aged for hundreds or thousands of years, are the mirror for traditional Chinese culture, especially the farming-studying culture represented by the Confucianism. Gaoqian, an ancient village with a population of 3,000 in Zhejiang province, is such a case. With a history dating back to Yuan Dynasty, Gaoqian Village has 13 well-preserved traditional Chinese houses with a courtyard, which were built in the Ming and Qing Dynasty. It is a fine specimen to study traditional rural China. Then a repository for the memory of the Village will be completed by doing arrangement and description for those multimedia resources such as texts, photos, videos and so on. Production of Creative products with digital technologies is also possible based a thorough understanding of the culture feature of Gaoqian Village using research tools for literature and history studies and a method of comparative study. Finally, the project will construct an exhibition platform for the Village and its culture by telling its stories with completed structures and treads.

Keywords: ancient villages, digital exhibition, multimedia, traditional culture

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Authors: Hayle Makda Gebru

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Companies are inevitable for society. They are the building blocks of every development in a country aimed at producing continuous goods and services for the people and, in turn, obliged to pay taxes, which enhances the economy of the nation. For the proper functioning of companies, their relationship with their stakeholders must be secure. The major stakeholders are suppliers, consumers, employees, creditors, etc. The law plays an important role in enhancing the relationship between these different stakeholders. If the law fails to keep track of the relationship, both the company and stakeholders remain unprotected. As a result, the potential benefits are prejudiced. This paper makes a comparative analysis of the types and formation of companies under the Transitional Commercial Code of Eritrea and the Company Law of the Peoples Republic of China. In particular, the paper addresses the legal lacuna under the TCrCE on handling the failure of shareholders to pay the promised capital. So, the methodology of the study is entirely analyzing the two countries' laws using practical cases. After analyzing the practical problems on the ground using real cases, this paper calls on Eritrea to update its outdated Commercial Code to give proper protection to the stakeholders.

Keywords: companies, company law of the People's Republic of China, transitional commercial code of Eritrea, protection of stakeholders, failure to pay the promised capital

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Authors: Nasurullah Qureshi

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Shaikh Ahmad Sirhindi Mujadid Alif Thani (1564-1624) and his philosophy had influenced sub-continent as the whole; its rulers and nation. In his reign, he convinced the rulers toward Islamic way of life and succeed in his goal. After his death in 1624, his family consecutively produced prominent scholars to present. Some of them moved to Afghanistan and Pakistan's cities i.e., Jalalabad, Qandhar, Peshawar, Queta, Shikarpur, Hyderabad, and Sehwan. They played a vital role in their areas and transmitted spiritual and legal Islamic teachings to people. This research is aimed to elaborate efforts of the family's Sindh settled branch from 1898-present in fields of politics and Islamic education. Their link with Shaikh Ahmad Sirhindi will be provided in the introduction. After that, the work will explain their scholarly published work briefly in different fields of Islamic studies such as Quran exegeses and its translation in Sindhi language, Hadith and its sciences, Islamic Jurisprudence, Sufism and etc. In addition, their political role will be briefly discussed in the research throughout the period, especially their noticeable role in the separate homeland for Muslims in the subcontinent. Furthermore, the impact of their scholarly work, political influence and spirituality will be enlightened. Lastly, the research will present the critical viewpoint on their struggle.

Keywords: Shaikh Ahmad Sirhindi, Sirhindi scholars, Sindh, Sufism

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Authors: Behnam Habibi Dargah

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The economics of cost-benefit theory seeks to monitor claims and determine their final price. The cost of litigation is important because it is a measure of the efficiency of the justice system. From an economic point of view, the cost of litigation is considered to be the point of equilibrium of litigation, whereby litigation is regarded as a high-risk investment and is initiated when the costs are less than the probable and expected benefits. Costs are economically separated into private and social costs. Private cost includes material (direct and indirect) and spiritual costs. The social costs of litigation are also subsidized-centric due to the public and governmental nature of litigation and cover both types of bureaucratic bureaucracy and the costs of judicial misconduct. Macroeconomic policy in the economics of justice is the reverse engineering of controlling the social costs of litigation by employing selective litigation and working on the judicial culture to achieve rationality in the monopoly system. Procedures for controlling and managing court costs are also circumscribed to economic patterns in the field. Rational cost allocation model and cost transfer model. The rational allocation model deals with cost-tolerance systems, and the transfer model also considers three models of transferability, including legal, judicial and contractual transferability, which will be described and explored in the present article in a comparative manner.

Keywords: cost of litigation, economics of litigation, private cost, social cost, cost of litigation

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Authors: Qazi Sarah Rasheed

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Feminism and religion have been regarded as opposing binaries. The reason being that religion is regarded as a tool to legitimize the patriarchal control over women, and therefore, it stands in contrast with the basic feminist principle of gender equity. Hence, the issue of incompatibility between religion and gender parity is often discussed by the feminist as well as secular/liberal discourses, but the feminist discourse has suffered a serious backlash in the recent times for it alienates those women who want to liberate but not at the expense of their religious identity. Though in the Western feminist thought, religion is regarded as a tool of patriarchy that promotes women’s suppression, but for many women, religion can be a source of liberation that advances their rights. The feminists in general, fail to realize that religion, as a social phenomenon may not necessarily promote a series of dogmatic doctrines which are inevitably retrogressive or instinctively status-quoist especially when it comes to the social reforms affecting gender orders. The traditional institution of religion could be instrumental to provide what the women in contemporary situation demand. This paper highlights how the Muslim women in India negotiate and mediate this opposition in an Islamic context. To advance the socio-legal recognition of women’s rights, they question the male privilege and patriarchy in a meaningful way without challenging their Islamic doctrines and try to build a feminist consciousness from within religion.

Keywords: feminism, Islam, Muslim women's rights, religious identity

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Authors: Anum Javed

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This study identifies the dynamical image of human body that continues its metamorphosis in the virtual field of reality. It calls attention to the ways where humans start co-evolving with other life forms; technology in particular and are striving to establish a realm outside the physical framework of matter. The problem exceeds the area of technological ethics by explicably and explanatorily entering the space of literary texts and criticism. Textual analysis of Geek Love (1989) by Katherine Dunn is adjoined with posthumanist perspectives of Pramod K. Nayar to beget psycho-somatic changes in man’s nature of being. It uncovers the meaning people give to their experiences in this budding social and cultural phenomena of material representation tied up with personal practices and technological innovations. It also observes an ethical, physical and psychological reassessment of man within the context of technological evolutions. The study indicates the elements that have rendered morphological freedom and new materialism in man’s consciousness. Moreover this work is inquisitive of what it means to be a human in this time of accelerating change where surgeries, implants, extensions, cloning and robotics have shaped a new sense of being. It attempts to go beyond individual’s body image and explores how objectifying media and culture have influenced people’s judgement of others on new material grounds. It further argues a decentring of the glorified image of man as an independent entity because of his energetic partnership with intelligent machines and external agents. The history of the future progress of technology is also mentioned. The methodology adopted is posthumanist techno-ethical textual analysis. This work necessitates a negotiating relationship between man and technology in order to achieve harmonic and balanced interconnected existence. The study concludes by recommending a call for an ethical set of codes to be cultivated for the techno-human habituation. Posthumanism ushers a strong need of adopting new ethics within the terminology of neo-materialist humanism.

Keywords: corporeality, dematerialism, human ethos, posthumanism

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Authors: Tessa Verhallen, Mama Africa

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By co-constructing personal narratives of sex workers in Namibia this paper represents how sex workers experience their violation of rights in Namibia. It is written from an emic (as an advisor for a sex worker-led organization named Rights not Rescue Trust) and an etic (as an ethnographer) point of view, in collaboration with the staff of the organization Rights not Rescue Trust. This organization represents circa 3000 members. The paper describes the current deplorable situation of sex workers in Namibia, encompassing the stigma and discrimination they face, their struggle to have their work decriminalized and their urge to advocate for human rights and the end of violations. Based on a triangular research design (ethnography, narratives, literature study, human rights’ training and counseling sessions) the authors show that sex workers, particularly LGBTI sex workers, are extremely vulnerable to emotional, physical, and sexual violence in Namibia. The main perpetrators of violence turn out to be not only clients and intimate partners but also law enforcement officers and health care workers who are supposed to protect and support sex workers. The sex workers’ narratives voice their disgraceful circumstances regarding how their rights are violated. It also highlights their importance to fight for their rights and access to health care, legal services and education in order to improve the sexual reproductive health of sex workers.

Keywords: HIV/aids, LGBTI, methodological innovative, sex work

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Authors: Shaun G. Abbott, Rebecca C. Reynolds, James B. Etter, John B. F. de Wit

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The benefits of physical activity (PA) on health are well documented. Low socioeconomic status (SES) is associated with poor health, with PA a suggested mediator. Pedometers and accelerometers offer an effective behavior change tool to increase PA levels. While the role of pedometer and accelerometer use in increasing PA is recognized in many populations, little is known in low-SES groups. We are aiming to assess the effectiveness of pedometer- and accelerometer-based interventions for increasing PA step count and improving subsequent health outcomes among low-SES groups of high-income countries. Medline, Embase, PsycINFO, CENTRAL and SportDiscus databases were searched to identify articles published before 10th July, 2015; using search terms developed from previous systematic reviews. Inclusion criteria are: low-SES participants classified by income, geography, education, occupation or ethnicity; study duration minimum 4 weeks; an intervention and control group; wearing of an unsealed pedometer or accelerometer to objectively measure PA as step counts per day for the duration of the study. We retrieved 2,142 articles from our database searches, after removal of duplicates. Two investigators independently reviewed titles and abstracts of these articles (50% each) and a combined 20% sample were reviewed to account for inter-assessor variation. We are currently verifying the full texts of 430 articles. Included studies will be critically appraised for risk of bias using guidelines suggested by the Cochrane Public Health Group. Two investigators will extract data concerning the intervention; study design; comparators; steps per day; participants; context and presence or absence of obesity and/or chronic disease. Heterogeneity amongst studies is anticipated, thus a narrative synthesis of data will be conducted with the simplification of selected results into percentage increases from baseline to allow for between-study comparison. Results will be presented at the conference in December if selected.

Keywords: accelerometer, pedometer, physical activity, socioeconomic, step count

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Authors: Barbara Janari

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In this paper it is argued that the effect of the disjunctive temporality in Summertime (the third of J.M. Coetzee’s fictionalised memoirs) is two-fold: firstly, it reflects the memoir’s ambivalent, contradictory representations of place in order to emphasize the fractured sense of self growing up in South Africa during apartheid entailed for Coetzee. Secondly, it reconceives the autobiographical discourse as one that foregrounds the inherent fictionality of all texts. The memoir’s narrative is filtered through intricate textual strategies that disrupt the chronological movement of the narrative, evoking the labyrinthine ways in which the past and present intersect and interpenetrate each other. It is framed by entries from Coetzee’s Notebooks: it opens with entries that cover the years 1972–1975, and ends with a number of undated fragments from his Notebooks. Most of the entries include a short ‘memo’ at the end, added between 1999 and 2000. While the memos follow the Notebook entries in the text, they are separated by decades. Between the Notebook entries is a series of interviews conducted by Vincent, the text’s putative biographer, between 2007 and 2008, based on recollections from five people who had known Coetzee in the 1970s – a key period in John’s life as it marks both his return to South Africa after a failed emigration attempt to America, and the beginning of his writing career, with the publication of Dusklands in 1974. The relationship between the memoir’s various parts is a key feature of Coetzee’s representation of place in Summertime, which is constructed as a composite one in which the principle of reflexive referencing has to be adopted. In other words, readers have to suspend individual references temporarily until the relationships between the parts have been connected to each other. In order to apprehend meaning in the text, the disparate narrative elements have to first be tied together. In this text, then, the experience of time as ordered and chronological is ruptured. Instead, the memoir’s themes and patterns become apparent most clearly through reflexive referencing, by which relationships between disparate sections of the text are linked. The image of the fictional John that emerges from the text is a composite of this John and the author, J.M. Coetzee, and is one which embodies Coetzee’s often fraught relationship with his home country, South Africa.

Keywords: autobiography, place, reflexive referencing, temporality

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Authors: Jessica BrodeFrank, Beka Bryer, Lacey Wilson, Sierra Van Ryck deGroot

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Museums are enjoying quite the moment in pop culture. From discussions of labor in Bob’s Burger to introducing cultural repatriation in The Black Panther, discussions of various museum issues are making their way to popular media. “Talking Back to Hollywood” analyzes the impact museums have on movies and television. The paper will highlight a series of cultural cameos and discuss what each reveals about critical themes in museums: repatriation, labor, obfuscated histories, institutional legacies, artificial intelligence, and holograms. Using a mixed methods approach to include surveys, descriptive research, thematic analysis, and context analysis, the authors of this paper will explore how we, as the museum staff, might begin to cite museums and movies together as texts. Drawing from their experience working in museums and public history, this contingent of mid-career professionals will highlight the impact museums have had on movies and television and the didactic lessons these portrayals can provide back to cultural heritage professionals. From tackling critical themes in museums such as repatriation, labor conditions/inequities, obfuscated histories, curatorial choice and control, institutional legacies, and more, this paper is grounded in the cultural zeitgeist of the 2000s and the message these media portrayals send to the public and the cultural heritage sector. In particular, the paper will examine how portrayals of AI, holograms, and more technology can be used as entry points for necessary discussions with the public on mistrust, misinformation, and emerging technologies. This paper will not only expose the legacy and cultural understanding of the museum field within popular culture but also will discuss actionable ways that public historians can use these portrayals as an entry point for discussions with the public, citing literature reviews and quantitative and qualitative analysis of survey results. As Hollywood is talking about museums, museums can use that to better connect to the audiences who feel comfortable at the cinema but are excluded from the museum.

Keywords: museums, public memory, representation, popular culture

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Authors: Luiz Nolasco Jr. Rezende, Antonio Villar M. Sá, Claudia Marcia L. Pato

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The increasing urban violence in Brazil involves more and more infractions committed by children and youths. The challenges faced by the institutional environments responsible for the education and resocialization of adolescents in conflict with the law are enormous, especially of those deprived of their liberty. These institutions have an inadequate educational structure. They are characterized by a dirty and unhealthy environment without the minimum basic conditions for their activities, by frequent practices of degradation, humiliation, and the physical and psychological punishment of inmates. This mixed-method study investigated the personal values of adolescents with restriction of freedom in a socio-educational institutional environment aiming to contribute to the development of their morality through an educational process. For that, we used a survey and transdisciplinary play workshops involving thirty-two boys aged between 15 and 19 years old and at least two years out of school. To evaluate the survey the reduced version of the Portrait Questionnaire—PQ21—was used. The workshops happened once a week, lasting 80 minutes each, totaling twelve meetings. By using the game of chess and its metaphors, participants produced texts and engaged in critical brainstorming about their lives. The survey results pointed out that these young people showed a predominance of values of openness to change and self-transcendence, dissatisfaction with one's own reality and surroundings, not considering the consequences of their actions on themselves and others, difficulties in speaking and writing, and desire for changes in their lives. After the pedagogical interventions, these adolescents demonstrated an understanding of the implications of their actions for themselves, for their families, especially for the mothers, with whom they demonstrated stronger bonds. It was possible to observe evidence of improvement in the capacity of linguistic expression, more autonomy and critical vision, including about themselves and their respective contexts. These results demonstrated the educational potential of lively, symbolic, dynamic and playful activities that favor the mediation and identification of these adolescents with their lives, and contribute to the projection of dreams.

Keywords: adolescents arrested, human values, moral development, playful workshops

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Authors: Damian Winczewski

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Carl von Clausewitz’s political theory of war was criticized in the 20th century in several ways. It was also the source of many disagreements over readings of its most popular theses. Among them, the reflections of thinkers categorized as part of the broader postmodern current stand out, such as Michael Foucault and his successors, who presented a nuanced and critical approach to strategy theory. Foucault viewed it as part of a broader political–legal discourse of sovereignty rooted in the Middle Ages, which underlies modern biopower. Clausewitz’s theory of strategy underpinned a new humanist discourse rationalizing the phenomenon of war while, in a methodological sense, becoming an epistemic model of how Foucault conceived power strategy. Foucault’s contemporary commentators try to develop his position by arguing the analogy between the discourse prevailing in Clausewitz’s time and the contemporary neoliberal discourse and technological revolution on the battlefield, which create a new order of power. Meanwhile, they recognize that the modern development of strategy was to make Clausewitz’s understanding of war obsolete. However, postmodernists focusing on showy stylistics in their assessments rely on a mythologized narrative about Clausewitz, reducing his theories to a discourse of war as a way for nation-states to conduct foreign policy. In this article, Clausewitz shows that his theory goes much deeper and provides a critical perspective on the relationship between war and politics. The dialectical structure makes it possible to understand war as a historically variable but constantly policy-dependent phenomenon.

Keywords: Clausewitz, Foucault, Virilio, postmodernism, war and politics, power

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Authors: Bilal Ahmad Malik

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With the fall of Soviet Union in 1991 the whole Central Asian region saw a dramatic rise in Muslim identity, a call back to Islamic legacy. Today, many Central Asian Muslims demand, what Islam has termed legal (Halal) and, avoid what Islam has termed illegal (Haram). The process of Islamic resurgence kicked off very quickly soon after the integration of Central Asian republics with other Muslim geographies through the membership of Organization of Islamic Conference (OIC) and other similar organizations. This interaction proved to be a vital push factor to the already existing indigenous reviving trends and sentiments. As a result, along with many other requirements, Muslim customer demand emerged as navel trend in the market in general and in banking and financial sector in particular. To get this demand fulfilled, the governments of CIS states like Kazakhstan, Uzbekistan, Azerbaijan, Turkmenistan, Kyrgyzstan and Tajikistan introduced Halal banking and financial products in the market. Firstly, the present paper would briefly discuss the core composition of Halal banking and financial products. Then, coming to its major theme, it would try to identify and analyze the causes that lead to the emergence of Islamic banking and finance industry in the Muslim majority Post-Soviet CIS States.

Keywords: causes, Central Asia, interest-free banking, Islamic Revival

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Authors: Aaron Akinloye

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This research examined the influence of jungle justice as it affects the emotional health challenges among residents in Lagos metropolitan city. Descriptive survey research design was used along with the questionnaire as research instrument. Population for the study comprised residents in Yaba and Shomolu Communities of Lagos State, Nigeria. Accidental sampling technique was used to sample 300 Residents. Self-developed questionnaire was used to obtain data on the variables under investigation. Research instrument was validated following the face, content, and construct validation of the instrument. Thereafter, the reliability coefficient yielded 0.84. It is therefore concluded and recommended that; there is a significant influence of jungle justice on trauma among residents- df (298) t= 2.33, p< 0.05; there is a significant influence of jungle justice on pressure among residents- df (298) t= 2.16, p< 0.05: there is a significant influence of jungle justice on fear among residents- df (298) t= 2.20, p< 0.05; there is a significant influence of jungle justice on depression among residents- df (298) t= 2.14, p< 0.05. Recommendations were made that; there should be deliberate effort to implement comprehensive awareness campaigns to educate the residents on the detrimental effects of jungle justice on individuals and the community members as a whole; there should be an improvement in the effectiveness and efficiency of the existing law enforcement agencies in Lagos metropolitan city; development and implementation of support systems for victims of jungle justice, which include trauma, counselling, mental health services, and rehabilitation programmes; there should be proper review and revision of the legal framework to address the issue of jungle justice effectively.

Keywords: jungle justice, emotional health, depression, fear

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Authors: Gonca Z. Tuncbilek

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Architectural research tends to define architecture in terms of its permanence. In this study, the term ‘temporality’ and its use in architectural discourse is re-visited. The definition, proposition, and efficacy of the temporality occur both in architecture and in its related knowledge. The temporary architecture not only fulfills the requirement of the architectural programs, but also plays a significant role in generating an environment of architectural discourse. In recent decades, there is a great interest on the temporary architectural practices regarding to the installations, exhibition spaces, pavilions, and expositions; inviting the architects to experience and think about architecture. The temporary architecture has a significant role among the architecture, the architect, and the architectural discourse. Experiencing the contemporary materials, methods and technique; they have proposed the possibilities of the future architecture. These structures give opportunities to the architects to a wide-ranging variety of freedoms to experience the ‘new’ in architecture. In addition to this experimentation, they can be considered as an agent to redefine and reform the boundaries of the architectural discipline itself. Although the definition of architecture is re-analyzed in terms of its temporality rather than its permanence; architecture, in reality, still relies on historically codified types and principles of the formation. The concept of type can be considered for several different sciences, and there is a tendency to organize and understand the world in terms of classification in many different cultures and places. ‘Type’ is used as a classification tool with/without the scope of the critical invention. This study considers theories of type, putting forward epistemological and discursive arguments related to the form of architecture, being related to historical and formal disciplinary knowledge in architecture. This study has been to emphasize the importance of the temporality in architecture as a creative tool to reveal the position within the architectural discourse. The temporary architecture offers ‘new’ opportunities in the architectural field to be analyzed. In brief, temporary structures allow the architect freedoms to the experimentation in architecture. While redefining the architecture in terms of temporality, architecture still relies on historically codified types (pavilions, exhibitions, expositions, and installations). The notion of architectural types and its varying interpretations are analyzed based on the texts of architectural theorists since the Age of Enlightenment. Investigating the classification of type in architecture particularly temporary architecture, it is necessary to return to the discussion of the origin of the knowledge and its classification.

Keywords: classification of architecture, exhibition design, pavilion design, temporary architecture

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Authors: Obinna Emmanuel Nkomadu

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A major maritime problem in the African continent is the widespread proliferation of threats to maritime security, and one of which is the traffic in persons (TIP) at sea, which victims are sometimes assaulted, injured, killed, and in many cases go missing. The South African and Nigerian law on TIP at sea is the Prevention and Combating of Trafficking in Persons Act and the Trafficking in Persons (Prohibition) Enforcement and Administration Act, respectively. These legislation prohibits TIP at sea but does not provides effective and efficient national coordination structures and international cooperation measures against traffickers who engage on human trafficking on the African maritime domain. As a result of the limitations on the maritime security laws of most African States and the maritime security threats on the continent, the African Union in 2016 adopted the African Charter on Maritime Security and Safety and Development in Africa (Lome Charter). The Lomé Charter provides mechanisms for national and international cooperation on maritime security threats, including TIP at sea. However, the Charter is yet to come into force due to the number of States required to accede or ratify the Charter. This paper identifies gaps on existing instruments on TIP at sea by those States and justify on South Africa and Nigeria should adopt the Charter. The justification flow from analysing relevant international law instruments, as well as legislation on human trafficking.

Keywords: cooperation against trafficking in persons at sea, lomé charter, maritime security, Nigerian legislation on trafficking in persons, South African legislation on trafficking in person, and trafficking in persons at sea

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Authors: Qiang Ren

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A growing number of states are improving domestic law to better protect and promote foreign investment by changing/upgrading the existing law. However, inconsistency occurs because the new law is different from the ‘old’ law. For example, China has issued an unprecedented Foreign Investment Law and several regulations allowing comprehensive market access for foreign investment in most energy sectors since 2020. However, some laws, rules, regulations, etc. enacted previously remain valid, and the provisions regulating foreign investment do not grant full market access to foreign investment as such. The inconsistency above makes it necessary to investigatehow the international investment treaty law and dispute settlement practice respond to the ‘inconsistency and conflict’ in municipal law andwhat remedy foreign investors can seek under international law if the investment is denied due to inconsistency. Ultimately, it aims to examine how international tribunals should balance the gradually developing legal system of host states and the protection of foreign investors and investments if the host states cannot provide consistency during such a transition period of law development. The research seeks to answer these questions by making a comparative analysis of domestic law on market access to foreign investment, international investment treaties, and dispute arbitral practice. The objective is to examine how international investment treaty law and international investment dispute settlement practice evaluate the conflicts in the municipal law of host states in the admission of foreign investment. It also explores the possibility of harmonisation among them.

Keywords: municipal law, protect and promote foreign investment, international law, host states

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Authors: K. Y. Chen, H. Chua, C. W. Kan

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Japan is a well-developed country but the environmental issues are still a hot issue. In this study, we will analyse how the environmental investment affects the sustainable development in Japan. This paper will first describe the environmental policy of Japan and the effort input by the Japan government. Then, we will collect the yearly environmental data and also information about the environmental investment. Based on the data collected, we try to figure out the relationship between environmental investment and sustainable development in Japan. In addition, we will analyse the SWOT of environmental investment in Japan. Based on the economic information collected, Japan established a sound material-cycle society through changes in business and life styles. A comprehensive legal system for this kind of society was established in Japan. In addition, other supporting measures, such as financial measures, utilization of economic instruments, implementation of research and promotion of education and science and technology, help Japan to cope with the recent environmental challenges. Japan’s excellent environmental technologies changed its socioeconomic system. They are at the highest global standards. This can be reflected by the number of patents registered in Japan which has been on the steady growth. Country by country comparison in the application for patents on environmental technologies also indicates that Japan ranks high in such areas as atmospheric pollution and water quality management, solid waste management and renewable energy. This is a result of the large expenditure invested on research and development.

Keywords: Japan, environmental investment, sustainable development, analysis

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Authors: Joseph Osafo, Winifred Asare-Doku, Charity Akotia

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Decriminalizing suicide is one of the major goals of suicide prevention worldwide. In Ghana, suicide is legally prescribed and there is a wide-spread societal condemnation of the act, the survivor and families share the stigma. Evidence and advocacy continue to mount towards pressuring the government, the legal fraternity and lawmakers to consider decriminalizing the act. However, within this discourse, the views of families of attempt survivors are absent. The purpose of this study was to explore from relatives of suicide attempters their reactions towards the criminality of suicide attempt in the country. A total of 10 relatives of suicide attempters were interviewed using a semi-structured interview guide. Thematic analysis was used to analyze the data. We found that there were divergent views from families on decriminalizing suicide. We generated two major themes; Out-group bias versus In-group bias. Half of the participants opined that suicide attempt should not be decriminalized and others advocated for help and mental health care for victims of the suicide attempt. It was generally observed that although all 10 participants were cognizant that suicide attempt is a crime in Ghana, they preferred their relatives were spared from prosecution. The findings indicate incongruity, especially when participants want their relatives to avoid jail term but want the law that criminalizes suicide to remain. Findings are explained using the Fundamental Attribution Error and the concept of Kin selection. Implications for public education on decriminalization and advocacy are addressed.

Keywords: decriminalization, families, Ghana suicide, suicide attempt

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Authors: Khaled Ali Soltan

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Iran can be considered a triangle that is affected by 3 forces: the government, the elite, and the people. Over the last 100 years, these three forces have been at odds with each other. This lack of coordination and sometimes antagonism among these three forces has led to lawlessness in Iran (both the government and the people have entered the cycle of lawlessness) and the spread of destructive processes in the country and the destruction of resources, both natural and human resources. The direct and negative impact of this issue on people's lives as well as the environment highlights the importance of this article. This article descriptively deals with the issue and suggests solutions and examines possible problems and obstacles. There seems to be a way to establish a connection’ closeness and coordination among these three forces and put them on the path of development. ELITE RAIN is a scientific-popular process that can create coordination and cooperation between these forces, prevent destructive processes in the country and put it on the path of sustainable development and a better life. This solution is a more advanced model of brainstorming technique introduced by Alex Osborn in 1953. Given that people have tried different types of protests to improve the status quo, such as the change of government in 1979 which led to the establishment of the theocracy, participating in elections that resulted in more frustration and corruption due to the lack of real parties, and sporadic street protests that resulted in nothing more than repression, it seems that this solution can be successful.

Keywords: corruption, destruction of resources, elite rain, Iran, legal complaints, sustainable development, the elite

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Authors: Smita Singh

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Through the constructivist perspective, this paper explores the transformation of India’s nuclear identity from an irresponsible nuclear weapon power to a ‘de-facto nuclear power’ in the emerging international nuclear order From a nuclear abstainer to a bystander and finally as a ‘de facto nuclear weapon state’, India has put forth its case as a unique and exceptional nuclear power as opposed to Iran, Iraq and North Korea with similar nuclear ambitions, who have been snubbed as ‘rogue states’ by the international community. This paper investigates the reasons behind international community’s gradual acceptance of India’s nuclear weapons capabilities and nuclear identity after the Indo-U.S. Nuclear Deal. In this paper, the central concept of analysis is the inter-subjective nature of identity in the nuclear arena. India’s nuclear behaviour has been discursively constituted by India through evolving images of the ‘self’ and the ‘other.’ India’s sudden heightened global status is not solely the consequence of its 1998 nuclear tests but a calibrated projection as a responsible stakeholder in other spheres such as economic potential, market prospects, democratic credentials and so on. By examining India’s nuclear discourse this paper contends that India has used its material and discursive power in presenting a n striking image as a responsible nuclear weapon power (though not yet a legal nuclear weapon state as per the NPT). By historicising India’s nuclear trajectory through an inter-subjective analysis of identities, this paper moves a step ahead in providing a theoretical interpretation of state actions and nuclear identity construction.

Keywords: nuclear identity, India, constructivism, international stakeholder

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Authors: Monika Lipska

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Drinking water is water with a very high quality, and as such represents only 2.5% of the total quantity of all water in the world. For many years we have observed continuous increase in its consumption as a result of many factors such as: Growing world population (7 billion in 2011r.), increase of human lives comfort and – above all – the economic growth. Due to the rocketing consumption and growing costs of production of water with such high-quality parameters, we experience accelerating interest in alternative sources of obtaining potable water. One of the ways of saving this valuable material is using rainwater in the Urban Building. With an exponentially growing demand, the acquisition of additional sources of water is necessary to maintain the proper balance of all ecosystems. The first part of the paper describes what rainwater is and what are its potential sources and means of use, while the main part of the article focuses on the description of the methods of obtaining water from rain on the example of new urban building in Poland. It describes the method and installations of rainwater in the new urban building (“MBJ2030”). The paper addresses also the issue of monitoring of the whole recycling systems as well as the particular quality indicators important because of identification of the potential risks to human health. The third part describes the legal arrangements concerning the recycling of rainwater existing in different European Union countries with particular reference to Poland on example the new urban building in Warsaw.

Keywords: rainwater, potable water, non-potable water, Poland

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Authors: Satoshi Furukawa, Satomu Morita, Katsuji Nishi, Masahito Hitosugi

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We experience the autopsy cases that the deceased was alive in emergency room on arrival. Bleeding is the leading cause of preventable death after injury. This retrospective study aimed to characterize opportunities for performance improvement identified in patients who died from traffic trauma and were considered by the quality improvement of education system. The Japan Advanced Trauma Evaluation and Care (JATEC) education program was introduced in 2002. We focused the abdominal traffic trauma injury. An autopsy-based cross-sectional study conducted. A purposive sampling technique was applied to select the study sample of 41 post-mortems of road traffic accident between April 1999 and March 2014 subjected to medico-legal autopsy at the department of Forensic Medicine, Shiga University of Medical Science. 16 patients (39.0%) were abdominal trauma injury. The mean period of survival after meet with accident was 13.5 hours, compared abdominal trauma death was 27.4 hours longer. In road traffic accidents, the most injured abdominal organs were liver followed by mesentery. We thought delayed treatment was associated with immediate diagnostic imaging, and so expected to expand trauma management examination.

Keywords: abdominal traffic trauma, preventable death, autopsy, emergency medicine

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Authors: Latika Choudhary

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“The potential benefits of Artificial Intelligence are huge, So are the dangers.” - Dave Water. Artificial intelligence is one of the facet of Information technology domain which despite several attempts does not have a clear definition or ambit. However it can be understood as technology to solve problems via automated decisions and predictions. Artificial intelligence is essentially an algorithm based technology which analyses the large amounts of data and then solves problems by detecting useful patterns. Owing to its automated feature it will not be wrong to say that humans & AI have more utility than humans alone or computers alone.1 For many decades AI experienced enthusiasm as well as setbacks, yet it has today become part and parcel of our everyday life, making it convenient or at times problematic. AI and related technology encompass Intellectual Property in multiple ways, the most important being AI technology for management of Intellectual Property, IP for protecting AI and IP as a hindrance to the transparency of AI systems. Thus the relationship between the two is of reciprocity as IP influences AI and vice versa. While AI is a recent concept, the IP laws for protection or even dealing with its challenges are relatively older, raising the need for revision to keep up with the pace of technological advancements. This paper will analyze the relationship between AI and IP to determine how beneficial or conflictual the same is, address how the old concepts of IP are being stretched to its maximum limits so as to accommodate the unwanted consequences of the Artificial Intelligence and propose ways to mitigate the situation so that AI becomes the friend it is and not turn into a potential foe it appears to be.

Keywords: intellectual property rights, information technology, algorithm, artificial intelligence

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Authors: Leijun Zhang

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Reading literacy has become a powerful tool for academic success and an essential goal of education. The ability to read is not only fundamental for pupils’ academic success but also a prerequisite for successful participation in today’s vastly expanding multi-literate textual environment. It is also important to recognize that, in many educational settings, students are expected to learn a foreign/second language for successful participation in the increasingly globalized world. Therefore, it is crucial to help learners become skilled foreign-language readers. Research indicates that students’ reading comprehension can be significantly improved through explicit instruction of multiple reading strategies. Despite the wealth of research on how to enhance learners’ reading comprehension achievement by identifying an enormous range of reading strategies and techniques for assisting students in comprehending specific texts, relatively scattered studies have centered on whether these reading comprehension strategies and techniques are used in classrooms, especially in Chinese academic settings. Given the central role of ‘the teacher’ in reading instruction, the study investigates the degree of importance that EFL teachers attach to reading comprehension strategies and their classroom employment of those strategies in secondary schools in China. It also explores the efficiency of reading strategy instruction on pupils’ reading comprehension performance. As a mix-method study, the analysis drew on data from a quantitative survey and interviews with seven teachers. The study revealed that the EFL teachers had positive attitudes toward the use of cognitive strategies despite their insufficient knowledge about and limited attention to the metacognitive strategies and supporting strategies. Regarding the selection of reading strategies for instruction, the mandated curriculum and high-stakes examinations, text features and demands, teaching preparation programs and their own EFL reading experiences were the major criteria in their responses, while few teachers took into account the learner needs in their choice of reading strategies. Although many teachers agreed upon the efficiency of reading strategy instruction in developing students’ reading comprehension competence, three challenges were identified in their implementation of the strategy instruction. The study provides some insights into reading strategy instruction in EFL contexts and proposes implications for curriculum innovation, teacher professional development, and reading instruction research.

Keywords: reading comprehension strategies, EFL reading instruction, language teacher cognition, teacher education

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Authors: Summer Jackson

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September 11, 2001 terrorist attacks exposed weaknesses in federal law enforcement’s ability to proactively counter threats to American homeland security. Following the attacks, legislative reforms and policy changes cleared both bureaucratic and legal obstacles to anti-terrorism efforts. The Federal Bureau of Investigation (FBI) transformed into a domestic intelligence agency responsible for preventing future terrorist attacks. Likewise, the passage of the 2001 USA Patriot Act gave federal agents new discretionary powers to more easily collect intelligence on those suspected of supporting terrorism. Despite these changes, there has been only limited scholarly attention paid to terrorism responses by the federal criminal justice system. This study sought to examine the investigative and prosecutorial changes made in the Post-9/11 era. The methodology employed bivariate and multivariate statistics using data from the American Terrorism Study (ATS). This analysis examined how policy changes are reflected in the nature of terrorism investigations, the handling of terrorist defendants by federal prosecutors, and the outcomes of terrorism cases since 2001. The findings indicate significant investigative and prosecutorial changes in the Post-9/11 era. Specifically, this study found terrorism cases involved younger defendants, fewer indictees per case, less use of human intelligence, less complicated attacks, less serious charges, and more plea bargains. Overall, this study highlights the important shifts in responses to terrorism following the 9/11 attacks.

Keywords: terrorism, law enforcement, post-9/11, federal policy

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Authors: Patricia Shirley Almeida Prado, Selma Paixão Argollo, Maria De Fátima Teixeira Guimarães, Leticia Matos Sobrinho

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Skeletal differential diagnosis is essential in forensic anthropology in order to differentiate skeletal trauma from normal osseous variation and pathological processes. Thus, part of forensic anthropological field is differentiate skeletal criminal injuries from the normal skeletal variation (bone fusion or nonunion, transitional vertebrae and other non-metric traits), non-traumatic skeletal pathology (myositis ossificans, arthritis, bone metastasis, osteomyelitis) from traumatic skeletal pathology (myositis ossificans traumatic) avoiding misdiagnosis. This case shows the importance of effective pathological diagnosis in order to accelerate the identification process of skeletonized human remains. THE CASE: An unidentified skeletal remains at the medico legal institute Nina Rodrigues-Salvador, of a male young adult (29 to 40 years estimated) showing a massive heterotopic ossification on its right tibia at upper epiphysis and adjacent articular femur surface; an extensive ossification on the right clavicle (at the sternal extremity) also presenting an heterotopic ossification at right scapulae (upper third of scapulae lateral margin and infraglenoid tubercule) and at the head of right humerus at the shoulder joint area. Curiously, this case also shows an unusual porosity in certain vertebrae´s body and in some tarsal and carpal bones. Likewise, his left fifth metacarpal bones (right and left) showed a healed fracture which led both bones distorted. Based on identification, of pathological conditions in human skeletal remains literature and protocols these alterations can be misdiagnosed and this skeleton may present more than one pathological process. The anthropological forensic lab at Medico-legal Institute Nina Rodrigues in Salvador (Brazil) adopts international protocols to ancestry, sex, age and stature estimations, also implemented well-established conventions to identify pathological disease and skeletal alterations. The most compatible diagnosis for this case is hematogenous osteomyelitis due to following findings: 1: the healed fracture pattern at the clavicle showing a cloaca which is a pathognomonic for osteomyelitis; 2: the metacarpals healed fracture does not present cloaca although they developed a periosteal formation. 3: the superior articular surface of the right tibia shows an extensive inflammatory healing process that extends to adjacent femur articular surface showing some cloaca at tibia bone disease. 4: the uncommon porosities may result from hematogenous infectious process. The fractures probably have occurred in a different moments based on the healing process; the tibia injury is more extensive and has not been reorganized, while metacarpals and clavicle fracture is properly healed. We suggest that the clavicle and tibia´s fractures were infected by an existing infectious disease (syphilis, tuberculosis, brucellosis) or an existing syndrome (Gorham’s disease), which led to the development of osteomyelitis. This hypothesis is supported by the fact that different bones are affected in diverse levels. Like the metacarpals that do not show the cloaca, but then a periosteal new bone formation; then the unusual porosities do not show a classical osteoarthritic processes findings as the marginal osteophyte, pitting and new bone formation, they just show an erosive process without bone formation or osteophyte. To confirm and prove our hypothesis we are working on different clinical approaches like DNA, histopathology and other image exams to find the correct diagnostic.

Keywords: bone disease, forensic anthropology, hematogenous osteomyelitis, human identification, human remains

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Authors: Wogu Ikedinachi Ayodele Power, Agbude Godwyns, Eniayekon Eugenia, Nchekwube Excellence-Oluye, Abasilim Ugochukwu David

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Contemporary ethicists and writers on leadership, in their quest to address the problem of leadership crisis in Nigeria, have identified the absence of practical prudence -which manifests in variables such as corruption, ethnicity and greed- as one of the major factors which breeds leadership crises. These variables are further fuelled by the lack of a consistent theory of leadership among scholars that could guide the pertinent actions of political leaders, hence the rising cases of leadership crises in the country. The theoretical framework that guides this study emanates from Aristotle’s notion of prudence as contained in the Nicomachean Ethics, which states that prudence is a central moral resource for political leaders. The method of conceptual analysis shall be used to clarify the concepts of virtue, prudence and leadership. The traditional method of critical analysis and the reconstructive method of ideas in philosophy are used to conceptually and contextually analyze all relevant texts and archival materials in the subject areas of this study. The study identifies a high degree of ideological bias and logical inconsistencies inherent in the theories of leadership proposed by the realist and the moralist schools of thought. The conflicting ideologies regarding what political leadership should be among scholars of leadership is identified as one of the major factors militating against ascertaining a practicable theory of leadership, which has the capacity to guide the pertinent actions of political leaders all over the world. This paper therefore identifies the absence of practical prudence, ‘wisdom’, as the major factor associated with leadership crises in Nigeria. We therefore argue that only prudent leaders will have the capacity to identify salient aspects of political situations which leaders have obligations to consider before making political decisions. Seven frameworks were prescribed from Aristotle’s Notion of prudence to strengthen this position, they include: Disciplined reason and openness to experience; Foresight and attention to the long term, among others. We submit that leadership devoid of crisis can be attained through the application of the virtue of prudence. Where this theory is adopted, it should eliminate further leadership crises in Nigeria.

Keywords: Aristotle, leadership crisis, political leadership, prudence

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