Search results for: dispute resolutions

Authors: Thu Thuy Nguyen

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In recent years, mediation has gained a great attention from many jurisdictions thanks to its advantages. With respect to Asia, mediation has a long history of development in this region with various types to amicably settle disputes in civil and commercial issues. The modern mediation system in several Asian countries and territories comprises three main categories, namely court-annexed mediation, mediation within arbitral proceedings and institutional mediation. Court-annexed mediation (or in-court mediation) is mediation conducted by the court in the course of judicial procedures. In dealing with cross-border business disputes, in-court mediation exposes a number of advantages in comparison with two other types of mediation, especially in terms of enforcement of final result. However, the confidentiality of mediation process in subsequent judicial proceedings, qualifications of court judges and the issue of recognition and enforcement of foreign judgment are normally seen as drawbacks of court-annexed mediation as in court-annexed mediation judges will be casts as dual roles as both mediator and ultimate adjudicator in the same dispute. This paper will examine the strengths and weaknesses of in-court mediation in settling transnational business disputes in selected Asian countries, including China, Hong Kong, Japan, Singapore and Vietnam.

Keywords: court-annexed mediation, international commercial disputes, Asia, strengths and weaknesses

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Authors: Gokhan Erkal, Gulsen Aydin, Muge Yuce, Lokman Sahin

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This study aims to analyze the impacts of involving in mediation of conflicts in the Middle East from the perspective of the economic growth of the mediators. The Middle East is a highly volatile region of the world with rampant crises whose affects spill beyond its borders. Therefore, management and resolution of the conflicts in the region are of great significance. Mediation is an instrument used for abating violence and settling dispute. The recourse to mediation has grown to an important degree in recent years. However, for mediators, it is a daunting task to involve in the mediation of the deadlocks in the Middle East. This study tries to shed light on the positive correlation between economic growth of the mediator and the successful outcome of the mediation process to provide motivation for mediators. To this end, first, it briefly introduces the conflicts ongoing in the region and their negative impacts. Second, the methodology, time series analysis, and the data to be used, International Crisis Behavior Project Data, are presented. Third, the empirical test is carried out and the findings are evaluated. The conclusion highlights the benefits of successful mediation for the economic growth of the mediators of Middle Eastern crises.

Keywords: international crises, mediation, Middle East, times series analysis

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Authors: Ibrahim Uba Yusuf

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Conflict is a subject or, better put, theme that primarily dominates Hausa home videos. Conflict in Hausa home videos is one of the sources of attraction to viewers, but do such films achieve anything? The Hausa home video industry in Northern Nigeria, popularly called Kannywood has been making attempts by producing cultural products for consumption within and outside the country. The ability of the industry to connect issues of concern within the region is an effort to reckon with. This paper, therefore, examines how Hausa home videos on peacebuilding can serve as a template for peacebuilding. This is coming at a time when global attention to peacebuilding is increasing. The inclusion of peacebuilding as SDG Goal suggests the need for utilizing other approaches that can enhance peace in risk societies like Nigeria. The paper based its arguments using the key proponents of the auteur theory—the director’s bias, thoughts, and sense of reasoning shape the issues emphasized in the home videos. The paper argues that Hausa home video industry is one medium amongst the many producing discourse about peacebuilding, conflict, and justice, social cohesion, education, and understanding, as well as raising social consciousness on issues of public concern. It is the conclusion of the paper that Hausa home videos produced on sustaining peacebuilding in Northern Nigeria are cultural products that have become lenses to understanding the interplay between representations or portrayal of conflict and peaceful resolutions of the conflicting issues.

Keywords: hausa home videos, peacebuilding, conflict, northern Nigeria

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Authors: Renz Paolo B. Ramos, Jake S. Espina

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The Local Government Academy of the Philippines explains that Local legislation is both a power and a process by which it enacts ordinances and resolutions that have the force and effect of law while engaging with a range of stakeholders for their implementation. Legislative effectiveness is crucial for the development of any given area. This study's objective is to evaluate the legislative performance of the 10th Sangguniang of Kawayan, a legislative body in a fifth-class municipality in the Province of Biliran, during the height of the COVID-19 pandemic (2019-2021) with a focus on legislation, accountability, and participation, institution-building, and intergovernmental relations. The aim of the study was that a mixed-methods strategy was used to gather data. The Local Legislative Performance Appraisal Form (LLPAF) was completed, while Focus Interviews for Local Government Unit (LGU) personnel, a survey questionnaire for constituents, and ethnographic diary-writing were conducted. Convenience Sampling was utilized for LGU workers, whereas Simple Random Sampling was used to identify the number of constituents participating. Interviews were analyzed using thematic analysis, while frequency data analysis was employed to describe and evaluate the nature and connection of the data to the underlying population. From this data, the researchers draw opportunities and challenges met by the local legislature during the height of the pandemic.

Keywords: local legislation, local governance, legislative effectiveness, legislative analysis

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Authors: Invernizzi Agostina

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From the 1930s, it is possible to find a phenomenon that persists through to the sixties in the national filmographies of different southern latitudes (Spain, Mexico, Argentina): the proliferation of ensemble films of groups of women who serve base to elaborate broader social conflicts and to construct imaginaries of the nation and of genders. This paper will address the modes of figuration of some affective imaginaries among women where the forms of sociability and the bonds of sisterhood are determined by the spaces in which the women are grouped. In these films, there are forms of affectivity that dispute the meanings of the patriarchal order of the time. One of the hypotheses is that these films formulate communities of women that carry out a reconfiguration of affective and transnational spaces. This research presents a multidisciplinary approach that simultaneously combines film and audiovisual studies, gender studies, decolonial feminist theories, and affects theories. The study of this phenomenon will provide us with keys for articulating with current problematics, such as the genealogies of women's movements, of which the cinema offers echoes and is a privileged medium for reflection and social change, as well as the international contact flows between these three geographical points, their migratory processes and cultural exchanges, transnationalism and integration.

Keywords: affects, feminisms, film studies, gender

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Authors: Tae Ho Kim

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Using the center of gravity method, we intend to find the center of gravity of Eurasia and North America, focusing on the local population, and study economic development plans in Eurasia and North America. By analyzing the strengths and opportunities of an industrial location for each region, we find ways for the country to grow and develop. Through economic cooperation and support between countries, we want to reduce the cause of conflict and dispute through economic growth in countries or regions. Furthermore, we want to create conditions for peaceful and happy regions or countries. Eurasia and North America are rich in resources, have great growth potential in terms of global supply chains, and have a good position to develop further. By analyzing intimacy between countries using REM, a CRM method, we intend to transform it into a region where a hopeful future of peace and prosperity begins. The future can be transformed through positive thinking or love for humanity. Indicators of intimacy between countries or regions can also be created anew if they change how they view each other. The Earth we live on is facing great risks, such as climate change and war. In order to reduce this crisis and maintain peace and prosperity, we must cooperate with each other in new directions.

Keywords: supply chain economy, REM, Indicators of intimacy, peace and prosperity

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Authors: Sungwoo Park

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The paper attempts to investigate the correlation between climate change and migration that has caused violent disputes in some regions of the world. Recently, NGOs and educational institutions have proposed claims that migratory patterns and violent uprisings are intertwined with climate change. Thus, the paper is primarily concerned with collecting evidences provided from scholars, validating this significant connection between climate change and migration, and evaluating and suggesting current and future research approaches respectively to enhance the acknowledgment and protection of environmental refugees. In order to examine the linkage of environmental migration, primary sources, such as political speeches, and secondary sources like theses from environmental policy analysts, books, and reports are used. More specifically, the investigation focuses on an civil war in Syria to draw a connection between environmental migration and violent dispute that threatens the global security. The examination undertaken specifically analyzes examples where forced migration occurred due to climate change. In Bangladesh, Pakistan, and Kiribati, residents have been at risk of fleeing their countries because of abnormal climate patterns, such as the rise of sea level or an excessive heat stress. As the brutal uprising in Syria has proven that climate change can pose a significant threat to global security, correlation between climate change and migration is surely worth delving into.

Keywords: climate change, climate migration, global security, refugee crisis

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Authors: Sara Mahesar, Saleem M. Chandio, Hira Soomro

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Nonlinear system of equations in two variables is a system which contains variables of degree greater or equal to two or that comprises of the transcendental functions. Mathematical modeling of numerous physical problems occurs as a system of nonlinear equations. In applied and pure mathematics it is the main dispute to solve a system of nonlinear equations. Numerical techniques mainly used for finding the solution to problems where analytical methods are failed, which leads to the inexact solutions. To find the exact roots or solutions in case of the system of non-linear equations there does not exist any analytical technique. Various methods have been proposed to solve such systems with an improved rate of convergence and accuracy. In this paper, a new scheme is developed for solving system of non-linear equation in two variables. The iterative scheme proposed here is modified form of the conventional Newton’s Method (CN) whose order of convergence is two whereas the order of convergence of the devised technique is three. Furthermore, the detailed error and convergence analysis of the proposed method is also examined. Additionally, various numerical test problems are compared with the results of its counterpart conventional Newton’s Method (CN) which confirms the theoretic consequences of the proposed method.

Keywords: conventional Newton’s method, modified Newton’s method, order of convergence, system of nonlinear equations

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Authors: Sara Vora (Hoxha)

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An essential feature of any international lawsuit is the ability of the parties to pick the law that would apply in the event of a tort claim. This option to choose the law to use in tort cases is based on Article 14 and 4/3 of the Rome II Regulation. The purpose of this article is to examine the boundaries of this freedom, as well as its relevance in international legal disputes. The article opens with a brief introduction to the basics of tort law. After a short introduction, the article demonstrates why Article 14 and 4/3 of the Rome II Regulation are so crucial to the right to select appropriate law in tort cases. The notion of the right to select the law to use in tort cases is examined, along with its breadth and possible restrictions. The article presents case studies to demonstrate how the right to select relevant law in tort might be put into practise. Case results and the judges' rationales for their rulings are examined. The possible influence of the right to select applicable law in tort on the process of harmonisation is also explored in this study. The results are summarised and the primary research question is addressed in the last section of the paper. In conclusion, the parties' ability to pick the law that rules their dispute via the freedom to choose relevant law in tort is a crucial feature of cross-border litigation. Despite certain restrictions, this freedom is nevertheless an important part of the legal structure that governs international conflicts.

Keywords: applicable law, tort, Rome II regulation, freedom to choose, cross-border litigation, harmonization of tort law

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Authors: Moschos Vogiatzis, K. Perakis

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Spatial-explicit and up-to-date land use/land cover information is fundamental for spatial planning, land management, sustainable development, and sound decision-making. In the last decade, many satellite-derived land cover products at different spatial, spectral, and temporal resolutions have been developed, such as the European Copernicus Land Cover product. However, more efficient and detailed information for land use/land cover is required at the regional or local scale. A typical Mediterranean basin with a complex landscape comprised of various forest types, crops, artificial surfaces, and wetlands was selected to test and develop our approach. In this study, we investigate the improvement of Copernicus Land Cover product (CLC2018) using Landsat 8 and Sentinel-2 pixel-based classification based on all available existing geospatial data (Forest Maps, LPIS, Natura2000 habitats, cadastral parcels, etc.). We examined and compared the performance of the Random Forest classifier for land use/land cover mapping. In total, 10 land use/land cover categories were recognized in Landsat 8 and 11 in Sentinel-2A. A comparison of the overall classification accuracies for 2018 shows that Landsat 8 classification accuracy was slightly higher than Sentinel-2A (82,99% vs. 80,30%). We concluded that the main land use/land cover types of CLC2018, even within a heterogeneous area, can be successfully mapped and updated according to CLC nomenclature. Future research should be oriented toward integrating spatiotemporal information from seasonal bands and spectral indexes in the classification process.

Keywords: classification, land use/land cover, mapping, random forest

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Authors: Moon Moon Devi, Ran Budnik

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The current large area cosmic ray detector surface arrays typically measure only the net flux and arrival-time of the charged particles produced in an extensive air shower (EAS). Measurement of the individual charged particles at a surface array will provide additional distinguishing parameters to identify the primary and to map the very high energy interactions in the upper layers of the atmosphere. In turn, these may probe anomalies in QCD interactions at energies beyond the reach of current accelerators. The recent attempts of studying the individual muon tracks are limited in their expandability to larger arrays and can only probe primary particles with energy up to about 10^15.5 eV. New developments in detector technology allow for a realistic cost of large area detectors, however with limitations on energy resolutions, directional information, and dynamic range. In this study, we perform a simulation study using CORSIKA to combine the energy spectrum and lateral spread of the muons with the longitudinal depth (Xmax) of an EAS initiated by a primary at ultra high energies (10¹⁶ – 10¹⁹) eV. Using proton and iron as the shower primaries, we show that the muon observables and Xmax together can be used to distinguish the primary. This study can be used to design a future detector for the surface array, which will be able to enhance our knowledge of primaries and QCD interactions.

Keywords: ultra high energy extensive air shower, muon tracking, air shower primaries, QCD interactions

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Authors: Mounir Ben Zid

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The controversy over the most effective teaching method to facilitate the increase of a student's knowledge has remained a frustration for poetry teachers at Sultan Qaboos University in Oman for the last ten years. Scholars and educationists have pursued answers to this question, and tremendous effort has been marshalled to discover the optimum teaching strategy, with little success. The present study stems from this perpetual frustration among teachers of poetry and the dispute about the repertoire of teaching methods. It attempts to shed light on an alternative direction which, it is believed, has received less scholarly attention than deserved. It emphasizes the need to create a democratic and human atmosphere of learning, arouses students' genuine interest, provides students with aesthetic pleasure, and enable them to appreciate and enjoy the beauty and musicality of words in poems. More important, this teaching-learning style should aim to secure rapport with students, invite teachers to inspire the passion and love of poetry in their students and help them not to lose the sense of wonder and enthusiasm that should be in the forefront of enjoying poetry. Hence, it is the need of the time that, after they have an interest, feeling and desire for poetry, university students can move to heavier tasks and discussions about poetry and how to further understand and analyze what is being portrayed. It is timely that the pendulum swung in support of the humanization of education and building rapport with students at Sultan Qaboos University.

Keywords: education, humanization, learning style, Rapport

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Authors: Gurjeet Singh, Rabindra K. Panda

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Soil moisture is a key hydrologic state variable and is intrinsically linked to the Earth's water, climate and carbon cycles. On ecological point of view, the soil moisture is a fundamental natural resource providing the transpirable water for plants. Soil moisture varies both temporally and spatially due to spatiotemporal variation in rainfall, vegetation cover, soil properties and topography. Satellite derived soil moisture provides spatio-temporal extensive data. However, the spatial resolution of a typical satellite (L-band radiometry) is of the order of tens of kilometers, which is not good enough for developing efficient agricultural water management schemes at the field scale. In the present study, the soil moisture from radiometer data has been disaggregated using blending approach to achieve higher resolution soil moisture data. The radiometer estimates of soil moisture at a 40 km resolution have been disaggregated to 10 km, 5 km and 1 km resolutions. The disaggregated soil moisture was compared with the observed data, consisting of continuous sensor based soil moisture profile measurements, at three monitoring sites and extensive spatial near-surface soil moisture measurements, concurrent with satellite monitoring in the 500 km2 study watershed in the Eastern India. The estimated soil moisture status at different spatial scales can help in developing efficient agricultural water management schemes to increase the crop production and water use efficiency.

Keywords: disaggregation, eastern India, radiometers, soil moisture, water use efficiency

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Authors: Prama Mukhopadhyay

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Starting from transport to food, today’s world platform economy and digital markets have taken over almost every sphere of consumers’ lives. Sellers and buyers are getting connected through platforms, which is acting as an intermediary. It has made consumer’s life easier in terms of time, price, choice and other factors. Having said that, there are several concerns regarding platforms. There are competition law concerns like unfair pricing, deep discounting by the platforms which affect the consumer welfare. Apart from that, the biggest problem is lack of transparency with respect to the business models, how it operates, price calculation, etc. In most of the cases, consumers are unaware of how their personal data are being used. In most of the cases, they are unaware of how algorithm uses their personal data to determine the price of the product or even to show the relevant products using their previous searches. Using personal or non-personal data without consumer’s consent is a huge legal concern. In addition to this, another major issue lies with the question of liability. If a dispute arises, who will be responsible? The seller or the platform? For example, if someone ordered food through a food delivery app and the food was bad, in this situation who will be liable: the restaurant or the food delivery platform? In this paper, the researcher tries to examine the legal concern related to platform economy from the consumer protection and consumer welfare perspectives. The paper analyses the cases from different jurisdictions and approach taken by the judiciaries. The author compares the existing legislation of EU, US and other Asian Countries and tries to highlight the best practices.

Keywords: competition, consumer, data, platform

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Authors: Donglian Sun, Yu Li, Paul Houser, Xiwu Zhan

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California experienced severe drought conditions in the past years. In this study, the drought conditions in California are analyzed using soil moisture anomalies derived from integrated optical and microwave satellite observations along with auxiliary land surface data. Based on the U.S. Drought Monitor (USDM) classifications, three typical drought conditions were selected for the analysis: extreme drought conditions in 2007 and 2013, severe drought conditions in 2004 and 2009, and normal conditions in 2005 and 2006. Drought is defined as negative soil moisture anomaly. To estimate soil moisture at high spatial resolutions, three approaches are explored in this study: the universal triangle model that estimates soil moisture from Normalized Difference Vegetation Index (NDVI) and Land Surface Temperature (LST); the basic model that estimates soil moisture under different conditions with auxiliary data like precipitation, soil texture, topography, and surface types; and the refined model that uses accumulated precipitation and its lagging effects. It is found that the basic model shows better agreements with the USDM classifications than the universal triangle model, while the refined model using precipitation accumulated from the previous summer to current time demonstrated the closest agreements with the USDM patterns.

Keywords: soil moisture, high resolution, regional drought, analysis and monitoring

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Authors: Edoba Bright Omoregie

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Nigeria became a federation in 1954 six years before it gained independence away from British colonial rule. The country has remained a federation since then despite the challenging circumstances of military rule and civil strife which have tasked its federal credentials. Since 1961, when it first decided a federalism dispute, cases over vertical and horizontal powers have inundated the country’s Supreme Court. In its current practice of federalism after democratic rule was resumed in 1999, the country has witnessed a spell of intergovernmental disputes over a good number of federalism issues. Such conflicts have eventually found their way to the Supreme Court for resolution, not as a final appellate court (which it is in other non-federal matters) but as a court of first and final instance following the constitutional provision granting the court such power. However, in April 2014 one of such disputes was denied hearing by the court when it declined original jurisdiction to determine the matter. The suit was instituted by one state of the federation against the federal government and the other 35 states challenging the collection of value added tax (a consumption tax)on certain goods and services within the state. The paper appraises the rationale of the court’s decision and reason that its decision to decline jurisdiction is the result of an avoidable misunderstanding of the dual sovereignty instituted by the federal system of Nigeria as well as a misconception of the role which the court is constitutionally assigned to play in resolving intergovernmental schisms in the federal system.

Keywords: dual sovereignty, federalism, intergovernmental conflict, Supreme Court

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Authors: Shu Tao

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Based on a global fuel consumption data product (PKU-FUEL-2007) compiled recently and a series of databases for emission factors of various sources, global emission inventories of a number of greenhouse gases and air pollutants, including CO2, CO, SO2, NOx, primary particulate matter (total, PM 10, and PM 2.5), black carbon, organic carbon, mercury, volatile organic carbons, and polycyclic aromatic hydrocarbons, from combustion sources have been developed. The inventories feather high spatial and sectorial resolutions. The spatial resolution of the inventories are 0.1 by 0.1 degree, based on a sub-national disaggregation approach to reduce spatial bias due to uneven distribution of per person fuel consumption within countries. The finely resolved inventories provide critical information for chemical transport modeling and exposure modeling. Emissions from more than 60 sources in energy, industry, agriculture, residential, transportation, and wildfire sectors were quantified in this study. With the detailed sectorial information, the inventories become an important tool for policy makers. For residential sector, a set of models were developed to simulate temporal variation of fuel consumption, consequently pollutant emissions. The models can be used to characterize seasonal as well as inter-annual variations in the emissions in history and to predict future changes. The models can even be used to quantify net change of fuel consumption and pollutant emissions due to climate change. The inventories has been used for model ambient air quality, population exposure, and even health effects. A few examples of the applications are discussed.

Keywords: air pollutants, combustion, emission inventory, sectorial information

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Authors: Rasha A. Salameh

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This research attempts to evaluate the treatment provided by the Qatari media to the decision to allow Saudi women to drive, and then activate this decision after a few months, that is, within the time frame between September 26, 2017 until June 30, 2018. This is through asking several questions, including whether the political dispute between Qatar and Saudi Arabia has cast a shadow over this handling, and if these Qatari media handlings are used to criticize the Saudi regime for delaying this step. Here emerges one of the research hypotheses that says that the coverage did not have the required professionalism, due to the fact that the decision and its activation took place in light of the political stalemate between Qatar and the Kingdom of Saudi Arabia, which requires testing the media framing and agenda theories to know to what extent they apply to this case. The research dealt with a sample of five Qatari media read in this sample: Al-Jazeera Net, The New Arab Newspaper, Al-Sharq Newspaper, The Arab Newspaper, and Al-Watan Newspaper. The results showed that most of the authors who covered the decision to allow Saudi women to drive a car did not achieve a balance in their writing, and that almost half of them did not have objectivity, and this indicates the proof of the hypothesis that there is a defect in the professional competence in covering the decision to allow Saudi women to drive cars by means of Qatari media, and the researcher attributes this result to the political position between Qatar and Saudi Arabia, in addition to the fact that the Arab media in most of them are characterized by a low ceiling of freedom, and most of them are identical in their position with the position of the regime’s official view.

Keywords: Saudi women, objectivity, hate speech, stereotype

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Authors: Hang Thuy Tran, Hanh Hong Pham, Ha Thanh Hoa

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From 2009 up to now, the water quantity and water quality of the Mekong River, located in the South of Vietnam, have been significantly reduced. The phenomenon happened as a result of climate change and human activities. The Mekong River is an international source of water, flowing across the borders of 6 countries, with Vietnam downstream. Activities to block the flow or build dams to construct hydroelectricity or diversion in upstream countries are either the direct cause or the risk of further deterioration of the water quality and quantity of the Mekong River, as evidenced by two phenomena which are a saline intrusion and transboundary water pollution. The protection of the crucial source of water is done through bilateral and multilateral cooperation mechanisms, notably the Mekong River Commission, established by members of the Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin 1995. In this document, under Article 7, the 'no-harm' principle requires member states to take appropriate measures to prevent causing substantial damage to other member states. This principle has been practiced through the work of a number of committees established by the commission. However, the content of the rules is undetailed, lacks an implementation monitoring mechanism, and has an unreasonable dispute solution. With such difficulties, the provisions in the principle of no-harm are not adequate to protect the Mekong River's water resources in the current context.

Keywords: no-harm principle, transboundary water pollution, Mekong Commission, international source of water

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Authors: Adriano Mortada

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Human history is rife with conflict, and the question of refugee status determination and their rehabilitation has been up for debate since. Refugee Status Determination is the administrative or legal process by which UNHCR or governments determine whether a person seeking international protection or asylum can be identified as a refugee under international, regional, or national law. Refugee Status Determination is considered to be a vital process in aiding refugees’ realization of their rights under international law. One of the major reasons why the refugee status determination is considered an “issue”, and is one that is much debated upon annually, is the fact that the national bureaucratic systems are rigid and unbending. This is particularly concerning in the 21st century despite human advancement in policy and diplomacy, working in tandem with the United Nations and their charters and resolutions on human rights and dignity. The paper seeks to criticize the European member states' response to the refugee crisis and their inflexible and prejudiced bureaucratic systems when it comes to refugee status determination. The paper looks at multiple case studies as primary evidence and the alternate case studies where the system helped refugees, like those in Jordan, Pakistan, Turkey, and Lebanon. The main concern of the paper is to highlight the bias in the selected European systems, which do not stem from the Human Rights Charter but rather on the basis of geographical backgrounds, cultural and religious affiliations of those seeking refugee status or asylum in their respective countries. The paper hopes to not only create awareness about this issue but also provide a research background to advocacy programs to bring a change in the systems.

Keywords: refugee status determination, human rights, bureaucracy, United Nations, European Union

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Authors: Joseph Kimutai Langat

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Tea typology is the science of classifying tea. This study was carried out between November 2023 and July 2024, whose main objective was to investigate the typological classification nomenclature of processed tea in the world, narrowing down to Kenya. Centres of origin, historical background, tea growing region, scientific naming system, market, fermentation levels, processing/ oxidation levels and cultural reasons are used to classify tea at present. Of these, the most common typology is by oxidation, and more specifically, by the production methods within the oxidation categories. While the Asian tea producing countries categorises tea products based on the decreasing oxidation levels during the manufacturing process: black tea, green tea, oolong tea and instant tea, Kenya’s tea typology system is based on the degree of fermentation process, i.e. black tea, purple tea, green tea and white tea. Tea is also classified into five categories: black tea, green tea, white tea, oolong tea, and dark tea. Black tea is the main tea processed and exported in Kenya, manufactured mainly by withering, rolling, or by use of cutting-tearing-curling (CTC) method that ensures efficient conversion of leaf herbage to made tea, oxidizing, and drying before being sorted into different grades. It is from these varied typological methods that this review paper concludes that different regions of the world use different classification nomenclature. Therefore, since tea typology is not standardized, it is recommended that a global tea regulator dealing in tea classification be created to standardize tea typology, with domestic in-country regulatory bodies in tea growing countries accredited to implement the global-wide typological agreements and resolutions.

Keywords: classification, fermentation, oxidation, tea, typology

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Authors: Cassandra Seery

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During the twentieth century, the notion of child rights at the international level began with the League of Nations’ Geneva Declaration of the Rights of the Child 1924, culminating in the development and adoption of the UN Convention on the Rights of the Child (‘the Convention’) in 1989. A key foundation of child rights lies in the development of the ‘best interests of the child’ principle and its subsequent incorporation into domestic legislation across the globe. This principle has become a key concept in child rights protection and has become a widely recognized principle in the protection of child rights. However, despite its status as the primary operating standard in child and family law and its ‘deepening hold in domestic and international instruments’, the meaning of the ‘best interests of the child’ principle has been criticised as open-ended and vague. This paper explores the evolution and development of the principle in the context of parental separation at international law throughout the 21st century and identifies opportunities for the Nation States to further improve legislative responses in associated child protection cases. An extensive review of relevant United Nations documentation (including instruments, resolutions and comments, jurisprudence, reports, guidelines and policies, training materials and so forth) explores: (i) what progress has been made to further develop the principle at the international level with regard to parental separation; and (ii) what developments participating the Nation States should consider as part of future legal and social policy reforms in this space. It will highlight opportunities for improvement and explore the benefit and relevance of international approaches for the Nation States moving forward.

Keywords: international human rights, best interests of the child, legal and social policy, child rights

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Authors: Ateeth Shetty, K. S. Jayappa, Ratheesh Ramakrishnan, A. S. Rajawat

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Suspended Sediment Concentration (SSC) was estimated for the period of four months (November, 2013 to February 2014) using Oceansat-2 (Ocean Colour Monitor) satellite images to understand the coastal dynamics and regional sediment transport, especially distribution and budgeting in coastal waters. The coastal zone undergoes continuous changes due to natural processes and anthropogenic activities. The importance of the coastal zone, with respect to safety, ecology, economy and recreation, demands a management strategy in which each of these aspects is taken into account. Monitoring and understanding the sediment dynamics and suspended sediment transport is an important issue for coastal engineering related activities. A study of the transport mechanism of suspended sediments in the near shore environment is essential not only to safeguard marine installations or navigational channels, but also for the coastal structure design, environmental protection and disaster reduction. Such studies also help in assessment of pollutants and other biological activities in the region. An accurate description of the sediment transport, caused by waves and tidal or wave-induced currents, is of great importance in predicting coastal morphological changes. Satellite-derived SSC data have been found to be useful for Indian coasts because of their high spatial (360 m), spectral and temporal resolutions. The present paper outlines the applications of state‐of‐the‐art operational Indian Remote Sensing satellite, Oceansat-2 to study the dynamics of sediment transport.

Keywords: suspended sediment concentration, ocean colour monitor, sediment transport, case – II waters

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Authors: Pratyusha Das

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A paradigm shift has been noticed in the interpretation of DNA evidence for determining paternity. Sometimes DNA evidence has been accepted while sometimes it was rejected by the Indian Courts. Courts have forwarded various justifications for acceptance and rejection of such evidence through legal and scientific means. Laws have also been changed to accommodate the necessities of society. Balances between both the legal and scientific approaches are required, to make the best possible use of DNA evidence for the well-being of the society. Specifications are to be framed as to when such evidence can be used in the future by pointing out the pros and cons. Judicial trend is to be formulated to find out the present situation. The study of cases of superior courts of India using an analytical and theoretical approach is driving the questions regarding the shared identity of the legal and scientific approaches. To assimilate the differences between the two approaches, the basic differences between them have to be formulated. Revelations are required to access the favorable decisions using the DNA evidence. Reasons are to be forwarded for the unfavorable decisions and the approach preferred in such cases. The outcome of the two methods has to be assessed in relation to the parties to the dispute, the society at large, the researcher and from the judicial point of view. The dependability of the two methods is to be studied in relation to the justice delivery system. A highlight of the chronological study of cases along with the changes in the laws with the aid of presumptions will address the questions of necessity of a method according to the facts and situations. Address is required in this respect whether the legal and scientific forces converge somewhere pushing the traditional identification of paternity towards a fundamental change.

Keywords: cases, evidence, legal, scientific

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Authors: Saroj Kumar Rath

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When insurgency erupted in Kashmir in 1989, it was quickly backed by Pakistan. Kashmir witnessed terrorism for more than a decade till 2004 when Indian forces decimated militancy. After the US pressure in 1992, terrorist training camps of Pakistan shifted to Afghanistan and al Qaeda and the Taliban had taken over training of Kashmiri militants in Afghanistan after 1997 as part of their global jihad. The Indo-Pak rivalry over Kashmir dispute had taken a new turn in the aftermath of 9/11 developments. Islamabad viewed its Afghan policy through the prism of denying India any advantage in Kabul. Pakistan was successful in refuting Indian presence in Kabul for a decade through the Taliban. After the 9/11 attacks the Inter Services Intelligence (ISI) saw Northern Alliance, supported by the Americans and all of Pakistan’s regional rivals – India, Iran, and Russia – as claiming victory in Kabul. For Pakistan’s military regime, this was a strategic disaster and prompted the ISI to give refuge to the escaping Taliban, while denying full support to Hamid Karzai. The new development in Afghanistan prompted India to establish a foothold it had lost nearly a decade earlier. India established diplomatic contacts with Afghanistan; supported the Karzai government and funded aid programs. Pakistan alleged that Indian agents are training Baloch and Sindhi dissidents in Pakistan through Afghanistan. Kabul had suddenly become the new Kashmir – the new battleground for India-Pakistan rivalry.

Keywords: Afghan imbroglio, Kashmir conflict, Indo-Pak rivalry, US policy in South Asia

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Authors: A. Nawaz

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The present study uses Halliday’s transitivity model to analyze and interpret ideological stance in PM Nawaz Sharif’s political discourse. His famous speech at the 71st UN assembly was analyzed qualitatively using clausal analysis approach to investigate the communicative functions of the linguistic choices made in the address. The study discovers that among the six process types under the transitivity model, material, relational and mental processes appear most frequently in the speech, making up almost 86% of the whole. Verbal processes rank 4th, whereas existential and behavioral are the least occurring processes covering only 2 and 1 percent respectively. The dominant use of material processes suggests that Nawaz Sharif and his government are the main actors working on several concrete projects to produce a sense of developmental progression and continuity. Using relational and mental processes the PM, along with establishing proximity with masses and especially Kashmiri, gives guarantees and promises. The linguistic analysis concludes Kashmir dispute as being the central theme of the address, since it covers more than half of the discourse. The address calls for a strong action instead of formal assurances and wishful thoughts. The study establishes that language structures can yield certain connotations and ideologies which are not overt for readers. This is in affirmation to the supposition that language form performs a communicative function and is not merely fortuitous.

Keywords: Hallidian perspective on language, implicit meanings, Nawaz Sharif, political ideologies, political speeches, transitivity, UN Assembly

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Authors: Arjun Chatterjee

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The India-China border clash in Galwan valley in June 2020, the first deadly skirmish between the two Asian giants in the Himalayan border area in over four decades, highlighted the need to examine the notion of ‘authenticity’ in journalistic practices. Information emanating from such remotely located, sparsely populated, and not well-demarcated international land borders have limited sources, restricted to official sources, which have their own narrative. Geopolitical goals and ambitions embolden narratives of nationalism in the media, and these often challenge the notion and understanding of authenticity in journalism. The Indian press, contrary to the Chinese press, which is state-owned, is diverse and also confrontational, where narratives of nationalism are differentially interpreted, embedded, and realised. This paper examines how authenticity has become a variable, rather than a constant, in conflict reporting of the Sino-Indian border clash and how authenticity is interpreted similarly or differently in conflict journalism. The paper reports qualitative textual analysis of two leading English language newspapers – The Times of India and The Hindu, and two mainstream regional language newspapers, Amar Ujala (Hindi) and Ananda Bazar Patrika (Bengali), to evaluate the ways in which representations of information function in conflict reporting and to recontextualize (and thus change or modify the meaning of) that which they represent, and with what political and cultural implications.

Keywords: India-China, framing, conflict, media narratives, border dispute

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Authors: Ali Asghar Sotoudeh

Abstract:

Since the US invasion of Iraq in 2003 and the subsequent regime change, internal conflicts between political and ethnic-religious groups have become a hallmark of Iraqi political dynamism. The most important manifestations of these conflicts are the Kurdish-central government conflicts, as well as fundamentalism since 2003. As a result, it seems not only US presence in Iraq under the pretext of fighting terrorism and expanding democracy has not had a positive effect on controlling fundamentalism and political stability in Iraq, but it has paved the way for the formation and continuation of geopolitical crises in the form of disputes over territory and sources of power. In this regard, given the importance of the study, the main purpose of this study is to examine the process of the impact of US regime-change policy on the formation and continuation of geopolitical crises in Iraq. The central question of this study is, what effect has the US regime change policy had on Iraq's domestic political processes? Findings show that regime change and subsequent imposed federalism have widened the gaps in Iraq's sectarian-ethnic system. As a result, the geopolitical crisis in the context of the dispute over geographical territory and sources of power between ethnic-religious groups has become the most important political dynamic in Iraq since the occupation. The research method in this article is descriptive-analytical, and the data collection method is library and internet resources.

Keywords: Iraq, united states, geopolitical crisis, ethno-religious conflict, political federalism

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Authors: Nazli Ustunes Demirhan

Abstract:

Norms of any nature are subject to pressures of change throughout their lifespans, as they are interpreted and re-interpreted every time they are used rhetorically or practically by international actors. The inevitable contestation of different interpretations may lead to an erosion of the norm, as well as to its strengthening. This paper aims to question the role of formal legality on the change of norm strength, using a norm contestation framework and a multidimensional norm strength conceptualization. It argues that the role of legality is not necessarily linked to the formal legal characteristics of a norm, but is about the legality of the contestation processes. In order to demonstrate this argument, the paper examines the evolutionary path of the humanitarian intervention norm as a case study. Humanitarian intervention, as a norm of very low formal legal characteristics, has been subject to numerous cycles of contestation, demonstrating a fluctuating pattern of norm strength. With the purpose of examining the existence and role of legality in the selected contestation periods from 1999 to 2017, this paper uses process tracing method with a detailed document analysis on the Security Council documents; including decisions, resolutions, meeting minutes, press releases as well as individual country statements. Through the empirical analysis, it is demonstrated that the legality of the contestation processes has a positive effect at least on the authoritativeness dimension of norm strength. This study tries to contribute to the developing dialogue between international relations (IR) and internal law (IL) disciplines with its better-tuned understanding of legality. It connects to further questions in IR/IL nexus, relating to the value added of norm legality, and politics of legalization as well as better international policies for norm reinforcement.

Keywords: humanitarian intervention, legality, norm contestation, norm dynamics, responsibility to protect

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Authors: Laura Ramona Nae

Abstract:

The issue of risks faced by companies providing tourist and hotel services in the HoReCa field, related to the goods belonging to consumer tourists left in hotel storage, has acquired a new dimension in the context of the economic and geo-political influences that have recently intervened at the global level. Thus, hoteliers and not only had to create contractual mechanisms regarding the risks and to protect the businesses in this field of activity. This situation has led to a reassessment of the importance of insurance, in particular with regard to hotel liability insurance-premises liability, safety, and security of goods. Interpretation of clauses in contracts concluded between hoteliers and tourists consuming hotel services and products, all the more so in the current pandemic context of Covid 19, stressed the increase in the number of disputes generated by them. This article presents a general picture of the significance of the risks related to the activity carried out in the hospitality industry, tourism, respectively within the HoReCa field. The study mainly marks the specificities of the hotel deposit contract, as well as the related insurance specific to the field, as a way to cover these risks. The article also refers to alternative methods of out-of-court settlement of disputes (ADR) in the HoReCa domain, generally used in both Romania and the European Union.

Keywords: consumer tourist, disputes and ADR methods, deposit contract, hotel warehouse and hotelier insurance, hotel services and tourist products, HoReCa

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