Search results for: rules of civil procedure
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 4171

Search results for: rules of civil procedure

2491 Rohingya Problem and the Impending Crisis: Outcome of Deliberate Denial of Citizenship Status and Prejudiced Refugee Laws in South East Asia

Authors: Priyal Sepaha

Abstract:

A refugee crisis is manifested by challenges, both for the refugees and the asylum giving state. The situation turns into a mega-crisis when the situation is prejudicially handled by the home state, inappropriate refugee laws, exploding refugee population, and above all, no hope of any foreseeable solution or remedy. This paper studies the impact on the capability of stateless Rohingyas to migrate and seek refuge due to the enforcement of rigid criteria of movement imposed both by Myanmar as well as the adjoining countries in the name of national security. This theoretical study identifies the issues and the key factors and players which have precipitated the crisis. It further discusses the possible ramifications in the home, asylum giving, and the adjoining countries for not discharging their roles aptly. Additionally, an attempt has been made to understand the scarce response given to the impending crisis by the regional organizations like SAARC, ASEAN and CHOGAM as well as international organizations like United Nations Human Rights Council, Security Council, Office of High Commissioner for Refugees and so on, in the name of inadequacy of monetary funds and physical resources. Based on the refugee laws and practices pertaining to the case of Rohingyas, this paper analyses that the Rohingya Crisis is in dire need of an effective action plan to curb and resolve the biggest humanitarian crisis situation of the century. This mounting human tragedy can be mitigated permanently, by strengthening existing and creating new interdependencies among all stakeholders, as further ignorance can drive the countries of the Indian Sub-continent, in particular, and South East Asia, by and large into a violent civil war for seizing long-awaited civil rights by the marginalized Rohingyas. To curb this mass crisis, it will require the application of coercive pressure and diplomatic pursuance on the home country to acknowledge the rights of its fleeing citizens. This further necessitates mustering adequate monetary funds and physical resources for the asylum providing state. Additional challenges such as devising mechanisms for the refugee’s safe return, comprehensive planning for their holistic economic development and rehabilitation plan are needed. These, however, can only come into effect with a conscious strive by the regional and international community to fulfil their assigned role.

Keywords: asylum, citizenship, crisis, humanitarian, human rights, refugee, rohingya

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2490 The Interoperability between CNC Machine Tools and Robot Handling Systems Based on an Object-Oriented Framework

Authors: Pouyan Jahanbin, Mahmoud Houshmand, Omid Fatahi Valilai

Abstract:

A flexible manufacturing system (FMS) is a manufacturing system having the capability of handling the variations of products features that is the result of ever-changing customer demands. The flexibility of the manufacturing systems help to utilize the resources in a more effective manner. However, the control of such systems would be complicated and challenging. FMS needs CNC machines and robots and other resources for establishing the flexibility and enhancing the efficiency of the whole system. Also it needs to integrate the resources to reach required efficiency and flexibility. In order to reach this goal, an integrator framework is proposed in which the machining data of CNC machine tools is received through a STEP-NC file. The interoperability of the system is achieved by the information system. This paper proposes an information system that its data model is designed based on object oriented approach and is implemented through a knowledge-based system. The framework is connected to a database which is filled with robot’s control commands. The framework programs the robots by rules embedded in its knowledge based system. It also controls the interactions of CNC machine tools for loading and unloading actions by robot. As a result, the proposed framework improves the integration of manufacturing resources in Flexible Manufacturing Systems.

Keywords: CNC machine tools, industrial robots, knowledge-based systems, manufacturing recourses integration, flexible manufacturing system (FMS), object-oriented data model

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2489 Designing and Evaluating Pedagogic Conversational Agents to Teach Children

Authors: Silvia Tamayo-Moreno, Diana Pérez-Marín

Abstract:

In this paper, the possibility of children studying by using an interactive learning technology called Pedagogic Conversational Agent is presented. The main benefit is that the agent is able to adapt the dialogue to each student and to provide automatic feedback. Moreover, according to Math teachers, in many cases students are unable to solve the problems even knowing the procedure to solve them, because they do not understand what they have to do. The hypothesis is that if students are helped to understand what they have to solve, they will be able to do it. Taken that into account, we have started the development of Dr. Roland, an agent to help students understand Math problems following a User-Centered Design methodology. The use of this methodology is proposed, for the first time, to design pedagogic agents to teach any subject from Secondary down to Pre-Primary education. The reason behind proposing a methodology is that while working on this project, we noticed the lack of literature to design and evaluate agents. To cover this gap, we describe how User-Centered Design can be applied, and which usability techniques can be applied to evaluate the agent.

Keywords: pedagogic conversational agent, human-computer interaction, user-centered design, natural language interface

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2488 Review, Analysis and Simulation of Advanced Technology Solutions of Selected Components in Power Electronics Systems (PES) of More Electric Aircraft

Authors: Lucjan Setlak, Emil Ruda

Abstract:

The subject of this paper is to review, comparative analysis and simulation of selected components of power electronic systems (PES), consistent with the concept of a more electric aircraft (MEA). Comparative analysis and simulation in software environment MATLAB / Simulink were carried out based on a group of representatives of civil aircraft (B-787, A-380) and military (F-22 Raptor, F-35) in the context of multi-pulse converters used in them (6- and 12-pulse, and 18- and 24-pulse), which are key components of high-tech electronics on-board power systems of autonomous power systems (ASE) of modern aircraft (airplanes of the future).

Keywords: converters, electric machines, MEA (more electric aircraft), PES (power electronics systems)

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2487 Multiclass Analysis of Pharmaceuticals in Fish and Shrimp Tissues by High-Performance Liquid Chromatography-Tandem Mass Spectrometry

Authors: Reza Pashaei, Reda Dzingelevičienė

Abstract:

An efficient, reliable, and sensitive multiclass analytical method has been expanded to simultaneously determine 15 human pharmaceutical residues in fish and shrimp tissue samples by ultra-high-performance liquid chromatography-tandem mass spectrometry. The investigated compounds comprise ten classes, namely analgesic, antibacterial, anticonvulsant, cardiovascular, fluoroquinolones, macrolides, nonsteroidal anti-inflammatory, penicillins, stimulant, and sulfonamide. A simple liquid extraction procedure based on 0.1% formic acid in methanol was developed. Chromatographic conditions were optimized, and mobile phase namely 0.1 % ammonium acetate (A), and acetonitrile (B): 0 – 2 min, 15% B; 2 – 5 min, linear to 95% B; 5 – 10 min, 95% B; and 10 – 12 min was obtained. Limits of detection and quantification ranged from 0.017 to 1.371 μg/kg and 0.051 to 4.113 μg/kg, respectively. Finally, amoxicillin, azithromycin, caffeine, carbamazepine, ciprofloxacin, clarithromycin, diclofenac, erythromycin, furosemide, ibuprofen, ketoprofen, naproxen, sulfamethoxazole, tetracycline, and triclosan were quantifiable in fish and shrimp samples.

Keywords: fish, liquid chromatography, mass spectrometry, pharmaceuticals, shrimp, solid-phase extraction

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2486 Effect of Electron Beam Irradiated Cottonseed Meal on Carcass and Blood Parameters of Broiler Chickens

Authors: Somayyeh Salari, Marziyeh Nayefi, Mohsen Sari, Mehdi Behgar

Abstract:

This study was conducted to evaluate the effect of electron beam- irradiated cottonseed meal at a dose of 30 KGy on carcass characteristics and some blood parameters of broiler chicks. Various levels of cottonseed meal (CSM) (0, 12, and 24%, radiation and no radiation) were used with 5 dietary treatments, 4 replicates and 10 birds of each for 42 days in completely randomized design. At 42 d of age, two birds per pen were randomly selected for determination of carcass characteristics and blood parameters. Relative weights of liver, gastrointestinal tract (GI), pancreatic, gizzard and abdominal fat were increased with increasing levels of CSM in the diet (p<0/05). Glucose, cholesterol, HDL, triglyceride, and phosphorous concentrations increased and LDL concentration decreased as the dietary CSM levels increased (p<0/05). But radiation had not significant effect on blood parameters. Electron irradiation seems to be a good procedure to improve the nutritional quality of CSM but it seems higher dose of it was needed to improve blood parameters of chickens.

Keywords: blood parameters, carcass characteristics, cottonseed meal, electron beam

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2485 Comparison between Radiocarbon and Dendrochronology Ages Obtained on a 700 Years Tree-Ring Sequence from Northern Romania

Authors: G. Sava, I. Popa, T. Sava, A. Ion, M. Ilie, C. Manailescu, A. Robu

Abstract:

At the RoAMS laboratory in Bucharest we have looked for a head-to-head meeting between AMS radiocarbon dating and dendrochronology dating, aiming to point out and explain any differences or similarities that might appear between their output results. As a subject of this investigation, we have fixed our attention on a sequence of tree rings spanning on a period of 700 years, starting with 1000 AD. The samples were collected from the northern Romanian territory within Moldavia region, and were provided by the ‘Marin Dracea - National Institute for Research and Development in Forestry’. All the 23 single ring wood samples were radiocarbon dated using alpha-cellulose extraction, followed by graphitization in an AGE3 installation. A wiggle matching procedure was applied to reduce the radiocarbon uncertainties for the calibrated ages. The results showed a good agreement on 3 out of 4 wood cores, the age-shifting of one of the wood cores being interpreted as an uncertain dendrochronology matching, which was further corrected.

Keywords: wiggle matching, tree-ring radiocarbon dating, dendrochronology, AMS radiocarbon dating, radiocarbon dating in Romania

Procedia PDF Downloads 186
2484 Hydraulic Headloss in Plastic Drainage Pipes at Full and Partially Full Flow

Authors: Velitchko G. Tzatchkov, Petronilo E. Cortes-Mejia, J. Manuel Rodriguez-Varela, Jesus Figueroa-Vazquez

Abstract:

Hydraulic headloss, expressed by the values of friction factor f and Manning’s coefficient n, is an important parameter in designing drainage pipes. Their values normally are taken from manufacturer recommendations, many times without sufficient experimental support. To our knowledge, currently there is no standard procedure for hydraulically testing such pipes. As a result of research carried out at the Mexican Institute of Water Technology, a laboratory testing procedure was proposed and applied on 6 and 12 inches diameter polyvinyl chloride (PVC) and high-density dual wall polyethylene pipe (HDPE) drainage pipes. While the PVC pipe is characterized by naturally smooth interior and exterior walls, the dual wall HDPE pipe has corrugated exterior wall and, although considered smooth, a slightly wavy interior wall. The pipes were tested at full and partially full pipe flow conditions. The tests for full pipe flow were carried out on a 31.47 m long pipe at flow velocities between 0.11 and 4.61 m/s. Water was supplied by gravity from a 10 m-high tank in some of the tests, and from a 3.20 m-high tank in the rest of the tests. Pressure was measured independently with piezometer readings and pressure transducers. The flow rate was measured by an ultrasonic meter. For the partially full pipe flow the pipe was placed inside an existing 49.63 m long zero slope (horizontal) channel. The flow depth was measured by piezometers located along the pipe, for flow rates between 2.84 and 35.65 L/s, measured by a rectangular weir. The observed flow profiles were then compared to computer generated theoretical gradually varied flow profiles for different Manning’s n values. It was found that Manning’s n, that normally is assumed constant for a given pipe material, is in fact dependent on flow velocity and pipe diameter for full pipe flow, and on flow depth for partially full pipe flow. Contrary to the expected higher values of n and f for the HDPE pipe, virtually the same values were obtained for the smooth interior wall PVC pipe and the slightly wavy interior wall HDPE pipe. The explanation of this fact was found in Henry Morris’ theory for smooth turbulent conduit flow over isolated roughness elements. Following Morris, three categories of the flow regimes are possible in a rough conduit: isolated roughness (or semi smooth turbulent) flow, wake interference (or hyper turbulent) flow, and skimming (or quasi-smooth) flow. Isolated roughness flow is characterized by friction drag turbulence over the wall between the roughness elements, independent vortex generation, and dissipation around each roughness element. In this regime, the wake and vortex generation zones at each element develop and dissipate before attaining the next element. The longitudinal spacing of the roughness elements and their height are important influencing agents. Given the slightly wavy form of the HDPE pipe interior wall, the flow for this type of pipe belongs to this category. Based on that theory, an equation for the hydraulic friction factor was obtained. The obtained coefficient values are going to be used in the Mexican design standards.

Keywords: drainage plastic pipes, hydraulic headloss, hydraulic friction factor, Manning’s n

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2483 How to Modernise the ECN

Authors: Dorota Galeza

Abstract:

This paper argues that networks, such as the ECN and the American network, are affected by certain small events which are inherent to path dependence and preclude the full evolution towards efficiency. It is advocated that the American network is superior to the ECN in many respects due to its greater flexibility and longer history. This stems in particular from the creation of the American network, which was based on a small number of cases. Such structure encourages further changes and modifications which are not necessarily radical. The ECN, by contrast, was established by legislative action, which explains its rigid structure and resistance to change. It might be the case that the ECN is subject not so much to path dependence but to past dependence. It might have to be replaced, as happened to its predecessor. This paper is an attempt to transpose the superiority of the American network on to the ECN. It looks at concepts such as judicial cooperation, harmonization of procedure, peer review and regulatory impact assessments (RIAs), and dispute resolution procedures. The aim is to adopt these concepts into the EU setting without recourse to legal transplantation. The major difficulty is that many of these concepts have been tested only in the US and it is difficult to tell whether they could be modified to meet EU standards. Concepts such as judicial cooperation might be difficult due to different language traditions in EU member states. It is hoped that greater flexibility, as in the American network, would boost legitimacy and transparency.

Keywords: ECN, networks, regulation, competition

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2482 Influence of the Mixer on the Rheological Properties of the Fresh Concrete

Authors: Alexander Nitsche, Piotr-Robert Lazik, Harald Garrecht

Abstract:

The viscosity of the concrete has a great influence on the properties of the fresh concrete. Fresh concretes with low viscosity have a good flowability, whereas high viscosity has a lower flowability. Clearly, viscosity is directly linked to other parameters such as consistency, compaction, and workability of the concrete. The above parameters also depend very much on the energy induced during the mixing process and, of course, on the installation of the mixer itself. The University of Stuttgart has decided to investigate the influence of different mixing systems on the viscosity of various types of concrete, such as road concrete, self-compacting concrete, and lightweight concrete, using a rheometer and other testing methods. Each type is tested with three different mixers, and the rheological properties, namely consistency, and viscosity are determined. The aim of the study is to show that different types of concrete mixed with different types of mixers reach completely different yield points. Therefore, a 3 step procedure will be introduced. At first, various types of concrete mixtures and their differences are introduced. Then, the chosen suspension mixer and conventional mixers, which are going to be used in this paper, will be discussed. Lastly, the influence of the mixing system on the rheological properties of each of the select mix designs, as well as on fresh concrete, in general, will be presented.

Keywords: rheological properties, flowability, suspension mixer, viscosity

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2481 Seismic Performance Evaluation of Existing Building Using Structural Information Modeling

Authors: Byungmin Cho, Dongchul Lee, Taejin Kim, Minhee Lee

Abstract:

The procedure for the seismic retrofit of existing buildings includes the seismic evaluation. In the evaluation step, it is assessed whether the buildings have satisfactory performance against seismic load. Based on the results of that, the buildings are upgraded. To evaluate seismic performance of the buildings, it usually goes through the model transformation from elastic analysis to inelastic analysis. However, when the data is not delivered through the interwork, engineers should manually input the data. In this process, since it leads to inaccuracy and loss of information, the results of the analysis become less accurate. Therefore, in this study, the process for the seismic evaluation of existing buildings using structural information modeling is suggested. This structural information modeling makes the work economic and accurate. To this end, it is determined which part of the process could be computerized through the investigation of the process for the seismic evaluation based on ASCE 41. The structural information modeling process is developed to apply to the seismic evaluation using Perform 3D program usually used for the nonlinear response history analysis. To validate this process, the seismic performance of an existing building is investigated.

Keywords: existing building, nonlinear analysis, seismic performance, structural information modeling

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2480 Enhancing Human Security Through Conmprehensive Counter-terrorism Measures

Authors: Alhaji Khuzaima Mohammed Osman, Zaeem Sheikh Abdul Wadudi Haruna

Abstract:

This article aims to explore the crucial link between counter-terrorism efforts and the preservation of human security. As acts of terrorism continue to pose significant threats to societies worldwide, it is imperative to develop effective strategies that mitigate risks while safeguarding the rights and well-being of individuals. This paper discusses key aspects of counter-terrorism and human security, emphasizing the need for a comprehensive approach that integrates intelligence, prevention, response, and resilience-building measures. By highlighting successful case studies and lessons learned, this article provides valuable insights for policymakers, law enforcement agencies, and practitioners in their quest to address terrorism and foster human security.

Keywords: human security, risk mitigation, terrorist activities, civil liberties

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2479 African Traders Beyond China: Delving Into Their Entrepreneurial Activities Following COVID-19

Authors: Phillip Thebe

Abstract:

African traders in China have generated magnanimous attention from scholars because of their choices to take short-term trips to Guangzhou and other places in search of cheaper products taking advantage of the status of China as a "global manufacturing hub". Nevertheless, their activities only gained traction at the turn of the millennium, with their presence in China incrementally dwindling over the next two decades. Now, with the devastating effects of COVID-19, their journeys have had to be totally cut short by unending lockdowns and stiff migration rules due to China's zero-tolerance of COVID-19 policy. This unfortunate yet untimely occurrence has left many scholars wondering if this marks the end of African traders in China and, indeed, the end of their business careers. Between March and September 2022, 20 traders were followed back to Africa, Zimbabwe, to find out what they are doing after having been shut out of China. Data was collected through ethnographic immersion and purposive in-depth interviewing in and around the city of Bulawayo. Snowballing was employed to reach out to the traders until a saturation point was reached and interview transcripts were filed for analysis. The findings revealed that some still trading online in China, report different opinions and feelings about doing business during COVID-19. Others have left the Chinese marketplace, now pursuing European industries in Turkey and other places. Others are still getting Chinese goods but in African countries such as Tanzania, Mozambique, South Africa, and Botswana. Some are now into the second-hand clothing trade, whereas others have stopped doing business to pursue other life-course interests. These and other issues are addressed in this paper from the anthropology of migration and globalization perspectives.

Keywords: entrepreneurship, African traders, China, COVID-19, Africans in China

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2478 Revisiting the Donning and Doffing Procedure: Ensuring a Coordinated Practice

Authors: Deanna Ruano-Meas, Laura Shenkman

Abstract:

Variances are seen in the way healthcare personnel (HCP) don and doff PPE risking contamination to self and others. By standardizing practice, variances in technique decrease, and so does the risk of contamination. To implement this change, the Model for Improvement will be used. A system change will be developed that will outline the role of the organizational leader’s support of HCP in the proper donning and doffing of PPE. Interventions will include environmental surveys to assess the safety and work situation ensuring a permissible environment, plan audits to confirm consistency, and the assessment of PPE wear for standardization. The change will also include an educational plan that will involve instruction of the current guidelines recommended by the Centers for Disease Control and Prevention (CDC) to all pertinent HCP, and the incorporation of PPE education in yearly educational training. The goal is a standardized practice and a reduced risk of contamination through education and organizational support. Personal protective equipment has had recent attention with the coming of the SARS-CoV-2. The realization that proper technique is important to decreasing contamination of pathogens has led to the revising of current processes.

Keywords: donning and doffing, HAI, infection control, PPE

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2477 A Comparative Analysis of Evacuation Behavior in Case of Cyclone Sidr, Typhoon Yolanda and the Great East Japan Earthquake

Authors: Swarnali Chakma, Akihiko Hokugo

Abstract:

Research on three case studies reviewed here explains many aspects and complications of evacuation behavior during an emergency period. The scenario and phenomenon of the disaster were different, but the similarities are that after receiving the warning peoples does not take it seriously. Many individuals evacuated after taking some kind of action, for example; return to home, searching for family members, prepared valuable things etc. Based on a review of the literature, the data identified a number of factors that help explain evacuation behavior during the disaster. In the case of Japan, cultural inhibitors impact people’s behavior; for example, following the traffic rules, some people lost their time to skip because of the slow-moving car makes overcrowded traffic and some of them were washed away by the tsunami. In terms of Bangladeshi culture, women did not want to evacuate without men because staying men and women who do not know each other under the same roof together is not regular practice or comfortable. From these three case studies, it is observed that early warning plays an important role in cyclones, typhoons and earthquakes. A high level of trust from residents in the warning system is important to real evacuation. It is necessary to raise awareness of disaster and provide information on the vulnerability to cyclones, typhoons and earthquakes hazards at community levels. The local level may help decision makers and other stakeholders to make a better decision regarding an effective disaster management.

Keywords: disaster management, emergency period, evacuation, shelter, typhoon

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2476 Analysis of Legal System of Land Use in Archaeological Sites

Authors: Yen-Sheng Ho

Abstract:

It is important to actively adjust the legal system of land use in archaeological sites and the reward system to meet the needs of modern society and to solve the dilemma of government management. Under the principle of administration according to law and the principle of the clarity of law, human rights, legal orders and legitimate expectation shall be regulated. The Cultural Heritage Preservation Act has many norms related to archaeological sites in Taiwan. However, in practice, the preservation of archaeological sites still encounters many challenges. For instance, some archaeological sites have ‘management and maintenance plans’. The restrictions of land uses are not clearly defined making it difficult to determine how planting types and cultivation methods will impact the underground relics. In addition, there are questions as follows. How to coordinate the ‘site preservation plan’ with the Regional Planning Act and the Urban Planning Act? How to define preservation of land, preservation area and other uses of land or area? How to define land use in practice? How to control land use? After selecting three sites for the case investigation, this study will analyze the site’s land use status and propose the direction of land use and control methods. This study suggests that the prerequisite to limit the use of land is to determine the public interest in the preservation of the site. Another prerequisite is to establish a mechanism for permitting the use of the site and for setting the site preservation and zoning maintenance practices according to the Regional Planning Act, Urban Planning Act and other relevant rules, such as, land use zoning, land use control, land management, land maintenance, regional development and management and etc.

Keywords: archaeological site, land use and site preservation plan, regional planning, urban planning

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2475 Sport Facilities and Social Change: European Funds as an Opportunity for Urban Regeneration

Authors: Lorenzo Maiorino, Fabio Fortuna, Giovanni Panebianco, Marco Sanzari, Gabriella Arcese, Valerio Maria Paolozzi

Abstract:

It is well known that sport is a factor of social cohesion and the breaking down of barriers between people. From this point of view, the aim is to demonstrate how, through the (re)generation of sustainable structures, it is possible to give life to a new social, cultural, and economic pathway, where possible, in peripheral areas with problems of abandonment and degradation. The aim of this paper is, therefore, to study realities such as European programs and funds and to highlight the ways in which planning can be used to respond to critical issues such as urban decay, abandonment, and the mitigation of social differences. For this reason, the analysis will be carried out through the Multiannual Financial Framework (MFF) package, the Next Generation EU, the Recovery and Resilience Facility (RRF), the Cohesion Fund, the European Social Fund, and other managed funds. The procedure will rely on sources and data of unquestionable origin, and the relation to the object of study in question will be highlighted. The project lends itself to be ambitious and exploring a further aspect of the sports theme, which, as we know, is one of the foundations for a healthy society.

Keywords: sport, social inclusion, urban regeneration, sports facilities, European funds

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2474 Designing Inventory System with Constrained by Reducing Ordering Cost, Lead Time and Lost Sale Rate and Considering Random Disturbance in Ordering Quantity

Authors: Arezoo Heidary, Abolfazl Mirzazadeh, Aref Gholami-Qadikolaei

Abstract:

In the business environment it is very common that a lot received may not be equal to quantity ordered. in this work, a random disturbance in a received quantity is considered. It is assumed a maximum allowable limit for storage space and inventory investment.The impact of lead time and ordering cost reductions once they act dependently is also investigated. Further, considering a mixture of back order and lost sales for allowable shortage system, the effect of investment on reducing lost sale rate is analyzed. For the proposed control system, a Lagrangian method is applied in order to solve the problem and an algorithmic procedure is utilized to achieve optimal solution with the global minimum expected cost. Finally, proves on concavity and convexity of the model in the decision variables are shown.

Keywords: stochastic inventory system, lead time, ordering cost, lost sale rate, inventory constraints, random disturbance

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2473 Striking a Balance between Certainty and Flexibility: The Role of Ubuntu in South African Contract Law

Authors: Yeukai Mupangavanhu

Abstract:

The paper examines the concept of ubuntu and the extent to which it can play a role in ensuring fairness and justice in contractual relationships. Courts are expected to balance sanctity of contract and fairness. Public policy is currently a mechanism which is used by courts when balancing the above two competing interests. It, however, generally favours the freedom and sanctity of contract. The question which is addressed in this paper is whether the concept of ubuntu is an alternative mechanism that may be used to mitigate the sometimes harsh and unfair consequences of the doctrine of freedom and sanctity of contract. A comparative study and case analysis is the methodology that is used in this article. Unfairness in contracts is generally related to the problem of inequality in bargaining power underscored by deeply entrenched social and economic inequalities that are a consequence of apartheid and patriarchy. The transformative nature of the constitution demands the inclusion of African legal ideas and values in the legal order. There is a need for the harmonisation of western ideals which are based on the classical model of law of contract with relevant African principles. In order to attain a transformative legal order that promotes a societal transformation and enhances the lives of everyone courts cannot continue to frown upon African values. Ubuntu has the potential of steering the law of contract in a more equitable direction. The substantive rules of contract law undoubtedly need to be infused with the notion of ubuntu. The reconciliation of Western and African values is at the heart of legal transformation.

Keywords: fairness, sanctity of contract, contractual justice, transformative constitutionalism

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2472 Functions of Public Policy in Private International Law

Authors: Fedorova Elena

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In this article, we draw a distinction between two important functions of public policy in private international law. The first function is widely recognized and relates to the prevention of application of foreign laws and enforcement of foreign court judgments whenever their effects are incompatible with the domestic legal system of the forum. This effectively protects sovereign rights of the forum state as it allows to resist against the undesirable effects of foreign law-making and law-enforcement policies. The second function is less obvious, but not less important. As the internal private legal relationships, international private relationships are usually governed by rules of public policy, to which the parties can not derogate by mutual agreement. Thefore, for international private law relations public policy has a different function than previously mentioned: in this case, the public policy acts as a defense against unacceptable effects of the party autonomy. Thus, this second function of public policy consists in the limitation of the party autonomy wich effects would be unacceptable for the local legal system. In the frame of this second function the author will analyse two types of public policy which can limit the party autonomy: « substantial » public policy (which regulates the substance of international legal relationship) and « conflictual » public policy (which regulates the party autonomy to choose the law applicable for the substance of relationship). The author provides an analysis of these functions of the public policy in the field of international contract law because of the important role of the principle of party autonomy for international contract relations.

Keywords: public policy, general theory of private international law, substantial public policy, conflictual public policy

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2471 The Development of the Quality Management Processes for the Building and Environment of the Basic Education Schools

Authors: Suppara Charoenpoom

Abstract:

The objectives of this research was to design and develop a quality management of the school buildings and environment. A quantitative and qualitative mixed research methodology was used. The population sample included 14 directors of primary schools. Two research tools were used. The first research tool included an in-depth interview and questionnaire. The second research tool included the Quality Business Process and Quality Work Procedure, and a Key Performance Indicator of each activity. The statistics included mean and standard deviation. The findings for the development of a quality management process of buildings and environment administration of the basic schools consisted of one quality business process (QBP) and seven quality work processes (QWP). The result from the experts’ evaluation revealed that the process and implementation of quality management of the school buildings and environment has passed the inspection process with consensus. This implies that the process of quality management of the school buildings and environment is suitable for implementation. Moreover, the level of agreement in the feasibility of the implementation of this plan had the mean in the range of 0.64-1.00 which suggests the design of the new plan is acceptable.

Keywords: process, building, environment, management

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2470 Nigerian Central Bank Governor’s Autonomy: Disregard of Procedure for Removal Vis-A-Vis the Rule of Law

Authors: Adeola Ayodele Oluwabiyi

Abstract:

The study undertook an in depth examination of the relevant sections of the Nigerian Constitution and the Central Bank of Nigeria (CBN) Act as it relates to the appointment and removal of the CBN Governor; It analysed the Constitutional issues that arose from the removal of the immediate past Governor of the CBN; and made recommendations as appropriate. The study relied on primary and secondary sources of information. The primary sources included the Constitution of the Federal Republic of Nigeria, Statutes, Conventions and Judicial decisions, while the secondary sources included Books, Journals Articles, Newspapers and Internet Materials. The study revealed that the removal of the CBN Governor was not in accordance with the Nigerian Constitution and the CBN Act that Guarantee such. It also revealed some of the arguments in support of the removal. The study concluded that the removal of the immediate past Governor of CBN was an outright disregard for the rule of law. The study concluded that if Government treat the laws in question with levity and contempt the confidence of the citizens in such government will be seriously eroded and the effect of that will be the beginning of anarchy in replacement of the rule of law. It could also have serious economic implications on the economy of any nation.

Keywords: central bank, governor, laws, Nigeria

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2469 The Effectiveness of Using Video Modeling Procedures on the ipad to Teach Play Skills Children with ASD

Authors: Esra Orum Cattik

Abstract:

This study evaluated the effects of using video modeling procedures on the iPad to teach play skills to children with autism spectrum disorders. A male student with autism spectrum disorders participated in this study. A multiple baseline-across-skills single-subject design was used to evaluate the effects of using video modeling procedures on the iPad. During baseline, no prompts were presented to participants. In the intervention phase, the teacher gave video model on iPad to the first skill and asked play with toys for him. When the first play skill completed the second play skill began intervention. This procedure continued till all three play skill completed intervention. Finally, the participant learned all three play skills to use video modeling presented on the iPad. Based upon findings of this study, suggestions have been made to future researches.

Keywords: autism spectrum disorders, play, play skills, video modeling, single subject design

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2468 Capability of Available Seismic Soil Liquefaction Potential Assessment Models Based on Shear-Wave Velocity Using Banchu Case History

Authors: Nima Pirhadi, Yong Bo Shao, Xusheng Wa, Jianguo Lu

Abstract:

Several models based on the simplified method introduced by Seed and Idriss (1971) have been developed to assess the liquefaction potential of saturated sandy soils. The procedure includes determining the cyclic resistance of the soil as the cyclic resistance ratio (CRR) and comparing it with earthquake loads as cyclic stress ratio (CSR). Of all methods to determine CRR, the methods using shear-wave velocity (Vs) are common because of their low sensitivity to the penetration resistance reduction caused by fine content (FC). To evaluate the capability of the models, based on the Vs., the new data from Bachu-Jianshi earthquake case history collected, then the prediction results of the models are compared to the measured results; consequently, the accuracy of the models are discussed via three criteria and graphs. The evaluation demonstrates reasonable accuracy of the models in the Banchu region.

Keywords: seismic liquefaction, banchu-jiashi earthquake, shear-wave velocity, liquefaction potential evaluation

Procedia PDF Downloads 244
2467 The Implementation of Anti-Circumvention Legislations in Thai Copyright System

Authors: Chuencheewin Yimfuang

Abstract:

The WIPO copyright treaty (WCT) was established by the World Intellectual Property Organisation (WIPO). This agreement required the contracting nations to provide adequate protection to technological measures to prevent massive copyright infringement in the internet system. Thailand had to implement the anti-circumvention rules into domestic legislation to comply with this international obligation. The purpose of this paper is to critically discuss the legislative standard under the WCT. It also aims to examine the legal development of technological protection measures in Thailand and demonstrate that the scope of prohibitions under the copyright Act 2022 (NO.5) is similar to the Digital Millennium Copyright Act 1998 (DMCA) of the United States (US). It could be found that the anti-circumvention laws of Thailand prohibit the circumvention of access-control technologies, and the regulation on trafficking circumvention devices has been added to the latest version of the Thai Copyright Act. These legislative evolutions have revealed the attempt to reinforce the legal protection of technological measures and copyright holders in order to be in line with global practices. However, the amendment has problems concerning the legal definitions of effective technological measure and the prohibited act of circumvention. The vagueness might affect the scope of protection and the boundary of prohibition. With this aspect, the DMCA will be evaluated and compared to gain guidelines for interpretation and enforcement in Thailand. The lessons and experiences learned from this study might be useful to correct the flaws or at least clarify the ambiguities embodied in Thai copyright legislation.

Keywords: legal development, technological protection measure, circumvention, Thailand

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2466 Exploring Entrepreneurship Intension Aptitude along Gender Lines among Business Decision Students in Nigeria

Authors: Paul O. Udofot, Emem B. Inyang

Abstract:

The study investigated the variability in aptitude amidst interactive effects of several social and environmental factors that could influence individual tendencies to engage in entrepreneurship in Nigeria. Consequently, the study targeted a population having similar backgrounds in type and level of higher education that are tailored toward enterprise management and development in the Niger Delta region of Nigeria. A two-stage sampling procedure was used to select 67 respondents. Primarily, the study assessed the salient pattern of entrepreneurship aptitude of respondents, and estimated and analyzed the index against their personal characteristics. Male respondents belonged to two extremes of aptitude index ranges (poor and high). Though female respondents did not exhibit a poor entrepreneurship aptitude index, the incidence percentage of the high index range of entrepreneurship aptitude among male trainees was more than the combined incidence percentage of their female counterparts. Respondents’ backgrounds outside gender presented a serious influence on entrepreneurship uptake likelihood if all situations were normal.

Keywords: aptitude, entrepreneurship, entrepreneurial orientation, gender divide, intention, trainee

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2465 Experimental Analysis of Tuned Liquid Damper (TLD) for High Raised Structures

Authors: Mohamad Saberi, Arash Sohrabi

Abstract:

Tuned liquid damper is one the passive structural control ways which has been used since mid-1980 decade for seismic control in civil engineering. This system is made of one or many tanks filled with fluid, mostly water that installed on top of the high raised structure and used to prevent structure vibration. In this article, we will show how to make seismic table contain TLD system and analysis the result of using this system in our structure. Results imply that when frequency ratio approaches 1 this system can perform its best in both dissipate energy and increasing structural damping. And also results of these serial experiments are proved compatible with Hunzer linear theory behaviour.

Keywords: TLD, seismic table, structural system, Hunzer linear behaviour

Procedia PDF Downloads 339
2464 Comparing Perceived Restorativeness in Natural and Urban Environment: A Meta-Analysis

Authors: Elisa Menardo, Margherita Pasini, Margherita Brondino

Abstract:

A growing body of empirical research from different areas of inquiry suggests that brief contact with natural environment restore mental resources. The Attention Restoration Theory (ART) is the widespread used and empirical founded theory developed to explain why exposure to nature helps people to recovery cognitive resources. It assumes that contact with nature allows people to free (and then recovery) voluntary attention resources and thus allows them to recover from a cognitive fatigue situation. However, it was suggested that some people could have more cognitive benefit after exposure to urban environment. The objective of this study is to report the results of a meta-analysis on studies (peer-reviewed articles) comparing the restorativeness (the quality to be restorative) perceived in natural environments than those perceived in urban environments. This meta-analysis intended to estimate how much nature environments (forests, parks, boulevards) are perceived to be more restorativeness than urban ones (i.e., the magnitude of the perceived restorativeness’ difference). Moreover, given the methodological difference between study, it studied the potential role of moderator variables as participants (student or other), instrument used (Perceived Restorativeness Scale or other), and procedure (in laboratory or in situ). PsycINFO, PsycARTICLES, Scopus, SpringerLINK, Web of Science online database were used to identify all peer-review articles on restorativeness published to date (k = 167). Reference sections of obtained papers were examined for additional studies. Only 22 independent studies (with a total of 1371 participants) met inclusion criteria (direct exposure to environment, comparison between one outdoor environment with natural element and one without natural element, and restorativeness measured by self-report scale) and were included in meta-analysis. To estimate the average effect size, a random effect model (Restricted Maximum-likelihood estimator) was used because the studies included in the meta-analysis were conducted independently and using different methods in different populations, so no common effect-size was expected. The presence of publication bias was checked using trim and fill approach. Univariate moderator analysis (mixed effect model) were run to determine whether the variable coded moderated the perceived restorativeness difference. Results show that natural environments are perceived to be more restorativeness than urban environments, confirming from an empirical point of view what is now considered a knowledge gained in environmental psychology. The relevant information emerging from this study is the magnitude of the estimated average effect size, which is particularly high (d = 1.99) compared to those that are commonly observed in psychology. Significant heterogeneity between study was found (Q(19) = 503.16, p < 0.001;) and studies’ variability was very high (I2[C.I.] = 96.97% [94.61 - 98.62]). Subsequent univariate moderator analyses were not significant. Methodological difference (participants, instrument, and procedure) did not explain variability between study. Other methodological difference (e.g., research design, environment’s characteristics, light’s condition) could explain this variability between study. In the mine while, studies’ variability could be not due to methodological difference but to individual difference (age, gender, education level) and characteristics (connection to nature, environmental attitude). Furthers moderator analysis are working in progress.

Keywords: meta-analysis, natural environments, perceived restorativeness, urban environments

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2463 Engineering Method to Measure the Impact Sound Improvement with Floor Coverings

Authors: Katarzyna Baruch, Agata Szelag, Jaroslaw Rubacha, Bartlomiej Chojnacki, Tadeusz Kamisinski

Abstract:

Methodology used to measure the reduction of transmitted impact sound by floor coverings situated on a massive floor is described in ISO 10140-3: 2010. To carry out such tests, the standardised reverberation room separated by a standard floor from the second measuring room are required. The need to have a special laboratory results in high cost and low accessibility of this measurement. The authors propose their own engineering method to measure the impact sound improvement with floor coverings. This method does not require standard rooms and floor. This paper describes the measurement procedure of proposed engineering method. Further, verification tests were performed. Validation of the proposed method was based on the analytical model, Statistical Energy Analysis (SEA) model and empirical measurements. The received results were related to corresponding ones obtained from ISO 10140-3:2010 measurements. The study confirmed the usefulness of the engineering method.

Keywords: building acoustic, impact noise, impact sound insulation, impact sound transmission, reduction of impact sound

Procedia PDF Downloads 326
2462 An Investigation on Designing and Enhancing the Performance of H-Darrieus Wind Turbine of 10KW at the Medium Range of Wind Speed in Vietnam

Authors: Ich Long Ngo, Dinh Tai Dang, Ngoc Tu Nguyen, Minh Duc Nguyen

Abstract:

This paper describes an investigation on designing and enhancing the performance of H-Darrieus wind turbine (HDWT) of 10kW at the medium wind speed. The aerodynamic characteristics of this turbine were investigated by both theoretical and numerical approaches. The optimal design procedure was first proposed to enhance the power coefficient under various effects, such as airfoil type, number of blades, solidity, aspect ratio, and tip speed ratio. As a result, the overall design of the 10kW HDWT was well achieved, and the power characteristic of this turbine was found by numerical approach. Additionally, the maximum power coefficient predicted is up to 0.41 at the tip speed ratio of 3.7 and wind speed of 8 m/s. Particularly, a generalized correlation of power coefficient with tip speed ratio and wind speed is first proposed. These results obtained are very useful for enhancing the performance of the HDWTs placed in a country with high wind power potential like Vietnam.

Keywords: computational fluid dynamics, double multiple stream tube, h-darrieus wind turbine, renewable energy

Procedia PDF Downloads 126