Search results for: civil proceedings

Authors: Molshree A. Sharma

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As a result of globalization, it is increasingly common for people to live in different parts of the world. However there is a corresponding rise of international family law issues and competing jurisdictions. The Hague Convention on the Civil Aspects of Child Abduction is a multilateral treaty that provides an expeditious method to return a child to their country of habitual residence when ‘internationally abducted’ by a parent from one member country to another. Specifically, the Convention provides a protocol for expeditious return of the child to their habitual residence unless there is a valid exception, the most common being that return would result in an intolerable situation or cause grave risk of harm to the child. This paper analyzes case law from various signatory countries including the United States, highlighting the differences in interpretation of key terms under the Convention, as well as case law in non-Hague signatory countries, with a focus on India and the Middle East.

Keywords: best interest of the child, grave risk of harm, habitual residence, well-settled

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Authors: Denia Prameswari

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The impacts of divorce are not only felt by parents but also by children. Preschool children are the most distressed while facing parental divorce. The negative impacts of divorce on children can be minimized when children had pervious knowledge about the event. One of the method to give knowledge about divorce to children is through picture book. Unfortunately, in Indonesia, researchers have not found picture books for preschoolers about divorce. This study aims to test the effectiveness of picture book in increasing knowledge of preschool children about divorce. Formulation of picture books in this study is based on three sources of information: (1) the study of literature, (2) analysis of picture books, and (3) need assessment. This picture book that have been prepared, then used to test its effectiveness for increasing knowledge of preschool children about divorce. The test was conducted using pre and post test on 5 participants. The statistical method used in this study is paired sample t-test. The purposive sampling method was used to select the participants. The participants for this study are preschool children with parents that is undergoing divorce proceedings. The result shows that picture books in this study significantly increase preschool children's knowledge about divorce. As an additional result, parents find it easier to explain divorce to their children using the picture book from this study. For further study, researcher can make another picture book about divorce for children at different age or to face another challenging situation in life.

Keywords: divorce, parent, picture book, preschool children

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Authors: Csilla Paksi-Petró

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The Hungarian national public administration training system providing continuous, lifelong further training to some ten thousand executives in public administration was launched in 2014, adding skills and competency development to the previous training solutions, which had a mainly legal and professional approach. The executive training system is being continuously developed since tackling the existing qualitative, and quantitative challenges calls for the introduction of novel, innovative solutions. With a gap-filling character, this study presents, in brief, the last eight years of system of executive training in public administration, supported by the outcomes of the author's empirical research, makes suggestions for the possible directions of its further development. Through this article, the reader may obtain an overview of the current Hungarian civil service further training system, its institution system, the method of its application, its target groups, its results, and its development prospects. By reading the article, the reader will get acquainted with the good practices of the Hungarian civil service further training system.

Keywords: coaching, e-learning, executive development, further-training

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Authors: Ye Zhang, Chuanjun Liu

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In-service aircraft is exposed to different types of threaten, e.g. bird strike, ground vehicle impact, and run-way debris, or even lightning strike, etc. To satisfy the aircraft damage tolerance design requirements, the designer has to understand the threatening level for different types of the aircraft structures, either metallic or composite. Exposing to low-velocity impacts may produce very serious internal damages such as delaminations and matrix cracks without leaving visible mark onto the impacted surfaces for composite structures. This internal damage can cause significant reduction in the load carrying capacity of structures. The semi-probabilistic method provides a practical and proper approximation to establish the impact-threat based energy cut-off level for the damage tolerance evaluation of the aircraft components. Thus, the probabilistic distribution of impact threat and the realistic impact energy level cut-offs are the essential establishments required for the certification of aircraft composite structures. A new survey of impact threat to civil aircraft in-service has recently been carried out based on field records concerning around 500 civil aircrafts (mainly single aisles) and more than 4.8 million flight hours. In total 1,006 damages caused by low-velocity impact events had been screened out from more than 8,000 records including impact dents, scratches, corrosions, delaminations, cracks etc. The impact threat dependency on the location of the aircraft structures and structural configuration was analyzed. Although the survey was mainly focusing on the metallic structures, the resulting low-energy impact data are believed likely representative to general civil aircraft, since the service environments and the maintenance operations are independent of the materials of the structures. The probability of impact damage occurrence (Po) and impact energy exceedance (Pe) are the two key parameters for describing the statistic distribution of impact threat. With the impact damage events from the survey, Po can be estimated as 2.1x10-4 per flight hour. Concerning the calculation of Pe, a numerical model was developed using the commercial FEA software ABAQUS to backward estimate the impact energy based on the visible damage characteristics. The relationship between the visible dent depth and impact energy was established and validated by drop-weight impact experiments. Based on survey results, Pe was calculated and assumed having a log-linear relationship versus the impact energy. As the product of two aforementioned probabilities, Po and Pe, it is reasonable and conservative to assume Pa=PoxPe=10-5, which indicates that the low-velocity impact events are similarly likely as the Limit Load events. Combing Pa with two probabilities Po and Pe obtained based on the field survey, the cutoff level of realistic impact energy was estimated and valued as 34 J. In summary, a new survey was recently done on field records of civil aircraft to investigate the probabilistic distribution of impact threat. Based on the data, two probabilities, Po and Pe, were obtained. Considering a conservative assumption of Pa, the cutoff energy level for the realistic impact energy has been determined, which provides potential applicability in damage tolerance certification of future civil aircraft.

Keywords: composite structure, damage tolerance, impact threat, probabilistic

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Authors: Zoe Polk

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In cities across the US, race continues to predict an individual’s likelihood to be employed, to receive a quality education, to live in a safe neighborhood, to life expectancy to contacts with the criminal justice system. Deep and pervasive disparities exist despite laws enacted at the federal, state and local level to eliminate discrimination. This paper examines the strengths of the U.S. civil rights movement in making discrimination a moral issue. Following the passage of the 1964 Civil Rights Act, cities throughout the US adopted laws that mirror the language, theories of practice and enforcement of the law. This paper argues that while those laws were relevant to the way discrimination was conducted in that time, they are limited in their ability to help cities address discrimination today. This paper reviews health indicators This paper concludes that in order for cities to create environments where race no longer predicts one’s success, cities must conduct institutional and structural racism audits.

Keywords: racism, racial equity, constitutional law, social justice

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Authors: O. V. Jurieva, O. U. Jurieva, R. H. Yagudin, P. B. Chursin

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In the recent scientific researches on the problems of public service the idea of the use of innovative technologies of management of personnel processes is accurately formulated. Authors made an attempt to analyze the changes in the public service organizations and to understand how the studied situation is interpreted by the government employees themselves. For this purpose the strategy of sociological research was carried out on the basis of application of questionnaire developed by M. Rokich and focus group research. For the research purposes it was necessary to get to microlevel in order to include daily activities of employees of an organization, their life experience and values in the focus of the analysis. Based on P. Bourdieu's methodology, authors investigated the established patterns of consciousness and behavior of officials (doxa) and also analyzed the tendencies of re-thinking (change) of the settled content of values (heterodoxy) by them. The distinctive feature of the conducted research is that the public servants who have different length of service in the public service took part in the research procedure. The obtained data helped to answer the following question: what are the specifics of doxs of the public servants who work in the public civil service more than 7-10 years and what perception of values of civil service have junior experts whose work experience doesn't exceed 3 years. Respondents were presented by two groups: (1) public servants of the level of main positions in the public civil service of the Republic of Tatarstan. (2) Public servants of the level of lower positions in the ministries and departments of the Republic of Tatarstan. For the study of doxa or of the existing values of public servants, the research with use of the questionnaire based on M. Rokich's system is conducted. Two types of values are emphasised: terminal and instrumental, which are united by us in the collective concept doxa. Doxa: the instrument of research of the established patterns of consciousness and behavior which can either resist to changes in the organization or, on the contrary, support their implementation. In the following stage an attempt to deepen our understanding of the essence and specifics of doxa of officials by means of the applied sociological research which is carried out by focus group method is made. Information obtained by authors during the research convinces that for the success of policy of changes in the organizations of public service it is necessary to develop special technologies of informing employees about the essence and inevitability of the developed innovations, to involve them in the process of changes, to train and to develop the younger generation of civil servants, seriously to perceive additional training and retraining of officials.

Keywords: innovative technologies, public service organizations, public servants

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Authors: Sevgi Karaca

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Since December 6, 2018, mediation has become mandatory for commercial disputes under the Turkish Commercial Code. Mandatory mediation became one of the “causes of action”, and being compulsory means starting the mediation process before going to court. As it contemplates looking at “the causes of the action”, the terminology may lead to misinterpretation of the core of the phrases. However, the terms pertain to a prerequisite for starting the lawsuit. The court will examine failure to comply with such requirements, and the case will be dismissed without further action. Türkiye’s use of obligatory mediation is highly unusual. It is neither judge-led nor judge-assisted mediation but rather a mediation conducted outside of court with the participation of a third party (mediators). What distinguishes it is the incorporation of obligatory mediation into the causes of actions listed in the Code of Civil Procedure. Being one of the causes of action in a legal case implies that the absence of any of them may result in the procedural dismissal of the case without any further action. The case must be presented to the mediator first, and if the parties are unable to reach an agreement, they must deliver the results of the mediation session. Other than submitting the minutes, parties are ineligible to file a lawsuit. However, despite a lengthy history of use in England and Wales, there are considerable reservations about making mediation mandatory. The Civil Procedure Code does not explicitly mention making mediation mandatory. For the time being, there is no Mediation Code, and case law limits the growth of obligatory mediation. Some renowned judges voiced their desire to re-evaluate the notion of required mediation, prompting the Civil Justice Council to release a study in 2021 on the significance of amending case law and the high value of mandatory mediation. By contrasting the approaches to mandatory mediation in England and Wales, the study will investigate the method of controlled mandatory mediation and its effects on the success of mediation in Türkiye.

Keywords: alternative dispute resolution, case law, cause of action, litigation process, mandatory mediation

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Authors: Rose Hattab

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Women have been an important dynamic in religious context and the state-building process of Arab countries throughout history. During the 1970s as the movement for women’s activism and rights developed, the Iraqi state under the Ba’ath Party began to provide Iraqi women with legal and civil rights. This was done to liberate women from the grasps of social traditions and was a tangible espousing of equality between men and women in the process of nation-building. Whereas women’s rights were stronger and more supported throughout the earliest years of the Ba’ath Regime (1970-1990), the aftermath of the Gulf War and economic sanctions on the conditions of Iraqi society laid the foundation for a division of women’s rights between civil and religious authorities. Personal status codes that were secured in 1959 were being pushed back by amendments made in coordination with religious leaders. Civil laws were present on paper, but religious authority took prominence in practice. The written legal codes were inclusive of women’s rights, but there is not an active or ensured practice of these rights within Iraqi society. This is due to many different factors, such as religious, sectarian, political and conservative reasons that hold back or limit the ability for Iraqi women to have autonomy in aspects such as participation in the workforce, getting married, and ensuring social justice. This paper argues that the Personal Status Code introduced in 1959 – which replaced Sharia-run courts with personal status courts – provided Iraqi women with equality and increased mobility in social and economic dynamics. The statewide crisis felt after the Gulf War and the economic sanctions imposed by the United Nations led to a stark shift in the Ba’ath party’s political ideology. This ideological turn guided the social system to the embracement of social conservatism and religious traditions in the 1990s. The effect of this implementation continued after the establishment of a new Iraqi government during 2003-2005. Consequently, Iraqi women's rights in employment, marriage, and family became divided into paper and practice by religious authorities and civil law from that period to the present day. This paper also contributes to the literature by expanding on the gap between legal codes on paper and in practice, through providing an analysis of Iraqi women’s rights in the Iraqi Constitution of 2005 and Iraq’s Penal Code. The turn to conservative and religious traditions is derived from the multiplicity of identities that make up the Iraqi social fabric. In the aftermath of a totalitarian regime, active wars, and economic sanctions, the Iraqi people attempted to unite together through their different identities to create a sense of security in the midst of violence and chaos. This is not an excuse to diminish the importance of women’s rights, but in the process of building a new nation-state, women were lost from the narrative. Thus, the presence of gender equity is found in the written text but is not practiced and upheld in the social context.

Keywords: civil rights, Iraqi women, nation building, religion and conflict

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Authors: S. Saroop, D. Allopi

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In the area of civil infrastructure, there is an urgent need to apply technologies that deliver infrastructure sustainably in a way that is cost-effective. Civil engineering projects can have a significant impact on ecological and social systems if not correctly planned, designed and implemented. It can impact climate change by addressing the issue of flooding and sustainability. Poor design choices now can result in future generations to live in a climate with depleted resources and without green spaces. The objectives of the research study were to rate the sensitivity of various greener infrastructure technologies that can be used in township infrastructure, at the various stages of the project. This paper discusses the Green Township Infrastructure Design Toolkit, that is used to rate the sustainability of infrastructure service projects. Various case studies were undertaken on a range of infrastructure projects to test the sensitivity of various design solution against sustainability criteria. The Green reporting tools ensure efficient, economical and sustainable provision of infrastructure services.

Keywords: eco-efficiency, green infrastructure, green technology, infrastructure design, sustainable development

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Authors: Fatemeh Aghamohammadzadeh, Mahdi Asghari Ozma

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SARS-CoV-2 was transmitted from animals to humans in China and through air transport to almost all world countries, including Iran, creating the first pandemic of the 21st century. The virus was spread through droplets from sneezing, coughing, loud talking, and exhalation of sick and asymptomatic people, even during incubation. It was transmitted from human to human directly by inhalation of viruses in droplets or indirectly through contact with infected surfaces, resulting in the death of a significant number of patients, especially the elderly and those with underlying diseases. The virus is more likely to be transmitted in places with high population densities. The chain of transmission of infection can be broken by observing the following: risk perception, reduced travel, complete quarantine in a particular area, home quarantine, social distancing, use of personal protective equipment (PPE), prevention of gatherings, cleaning and disinfection of public utilities and busy places, identifying, isolating and treating infected people, tracking calls, continuing health education, following health principles by people, especially in poor areas, and washing their hands frequently with soap and water or disinfecting them with 70% ethanol.

Keywords: COVID-19, transmission, population density, home quarantine, social distancing

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Authors: Hussain Adnan Alsalman, Khalid Alhajri, Humoud Alrashidi, Abdulkareem Almakrami, Badie Alguwaisem, Said Alshahrani, Abdullah Alrowaished

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Most of the cost of installing a new fiber optic cable is attributed to civil work-trenching-cost. In many cases, information technology departments receive project proposals in their eReview system, but not all projects are visible to everyone. Additionally, if there was no IT scope in the proposed project, it is not likely to be visible to IT. Sometimes it is too late to add IT scope after project budgets have been finalized. Finally, the eReview system is a repository of PDF files for each project, which commits the reviewer to manual work and limits automation potential. This paper details a solution to address the late notification of the eReview system by integrating IT Sites GIS data-sites locations-with land use permit (LUP) data-civil work activity, which is the first step before securing the required land usage authorizations and means no detailed designs for any relevant project before an approved LUP request. To address the manual nature of eReview system, both the LUP System and IT data are using ArcGIS Desktop, which enables the creation of a geoprocessing tool with either Python or Model Builder to automate finding and evaluating potentially usable LUP requests to reduce trenching between two sites in need of a new FOC. To achieve this, a weekly dump was taken from LUP system production data and loaded manually onto ArcMap Desktop. Then a custom tool was developed in model builder, which consisted of a table of two columns containing all the pairs of sites in need of new fiber connectivity. The tool then iterates all rows of this table, taking the sites’ pair one at a time and finding potential LUPs between them, which satisfies the provided search radius. If a group of LUPs was found, an iterator would go through each LUP to find the required civil work between the two sites and the LUP Polyline feature and the distance through the line, which would be counted as cost avoidance if an IT scope had been added. Finally, the tool will export an Excel file named with sites pair, and it will contain as many rows as the number of LUPs, which met the search radius containing trenching and pulling information and cost. As a result, multiple projects have been identified – historical, missed opportunity, and proposed projects. For the proposed project, the savings were about 75% ($750,000) to install a new fiber with the Euclidean distance between Abqaiq GOSP2 and GOSP3 DCOs. In conclusion, the current tool setup identifies opportunities to bundle civil work on single projects at a time and between two sites. More work is needed to allow the bundling of multiple projects between two sites to achieve even more cost avoidance in both capital cost and carbon footprint.

Keywords: GIS, fiber optic cable installation optimization, eliminate redundant civil work, reduce carbon footprint for fiber optic cable installation

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Authors: Keo Mbebe

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The South African Truth and Reconciliation Commission (TRC) is widely regarded as a blueprint for countries seeking to transcend the atrocities of their past and create a new human rights-based administration. The aim of these societies is to establish historical truth. Within the TRC, the aspects of truth-finding and truth-telling were considered to be catalysts for national unity and reconciliation. Truth-seeking, in addition, was mandated in the Promotion of National Unity and Reconciliation Act (TRC Act), which is the legislation behind the TRC. However, there is an incongruency between the conception of truth outlined in the Act, and the conception of truth explained in the Report of the TRC proceedings. The aim of this paper is to delineate these two kinds of “truth” and to critically analyze them. Doing so, it will then be evident in the discussion that there is a need for substantial clarity in the conception of truth used in transitional justice settings based on truth-finding and truth-seeking, and the paper will present ways in which such clarity may be achieved. The paper will begin with a philosophical engagement on the notion of historical truth used by the TRC legislation. Thereafter, the historical background to the political context in which the TRC Act was mandated will be provided. The next section would then be a sketch of the conceptions of historical truth and historical injustice in the Act, as well as its supporting documents. Lastly, it will be argued that the subversion of the TRC’s mandate to promote reconciliation and national unity by bringing to light past human rights violations during apartheid is betrayed by its amorphous conception of historical truth.

Keywords: historical truth, human rights, transitional justice, truth commission

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Authors: Mohsen Abotalebi Esfahani, Amin Rahimi

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Maintenance and management of route and roads infrastructure is one of the most important and the most fundamental principles of the countries. Several methods have been under investigation as preventive proceedings for the maintenance of asphalt pavements for many years. Using a mixture of salt, sand and gravel is the most common method of deicing, which could have numerous harmful consequences. Icy or snow-covered road is one of the major reasons of accidents in rainy seasons, which causes substantial damages such as loss of time and energy, environmental pollution, destruction of buildings, traffic congestion and rising possibility of accidents. Regarding this, every year the government incurred enormous costs to secure traverses. In this study, asphalt pavements have been cured, in terms of compressive strength, tensile strength and resilient modulus of asphalt samples, under the influence of Magnesium Chloride, Calcium Chloride, Sodium Chloride, Urea and pure water; and showed that de-icing with the calcium chloride solution and urea have the minimum negative effect and de-icing with pure water has most negative effect on laboratory specimens. Hence some simple techniques and new equipment and less use of sand and salt, can reduce significantly the risks and harmful effects of excessive use of salt, sand and gravel and at the same time use the safer roads.

Keywords: maintenance, sodium chloride, icyroad, calcium chloride

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Authors: Keshav Raj Dhakal, Jit Bahadur Rokaya Chhetri

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The Micro Hydro (MH) is one of the successful technology in Rural Nepal. Out of 75 district, 59 districts have installed 1287 MH projects with a total capacity of 24 Mega Watt (MW). Now, the challenge is how to sustain them. Dolakha is a prominent district for sustainable endues of power to sustain the MH projects. A total of 37 MH projects have been constructed with producing 886 Kilo Watt (KW) of energy in the district. This study traces out the impact of earthquake in MH sector in Dolakha district. It shows that 59 % of projects have been affected by devastating earthquake in April and May, 2015 where 29 % are completely damaged. Most of the damages are in civil structures like Penstock, forebay, power house, Canal, Intake. Transmission and distribution line have been partially damaged. This paper analysis failure of the civil structural component of MH projects and its financial consequence to the community. This study recommends that a disaster impact assessment is essential before construction of MH projects.

Keywords: micro hydro, earthquake, structural failure, financial consequence

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Authors: Foluke Abimbola

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There are two separate groups of a recognised body of human rights. These are known as Civil and Political Rights, and Economic and Social Rights. There is however an impression that civil and political rights are enforceable in courts while socio-economic rights are not. Nigeria is an example of one of such countries whose constitution has social, economic and cultural rights’ provisions as well as civil and political rights. However, the socio-economic rights provided in the Nigerian constitution are not justiciable or are unenforceable in a court of law. On the other hand, a comparative examination of the socio-economic right provisions in the South African constitution and judgments of the constitutional court of South Africa reveals that socio-economic rights may be enforceable. This position may ensure the protection of the socio-economic rights of the poor and vulnerable groups. These rights include the rights to food, adequate shelter, health, and education. Moreover, the African Charter on Human and Peoples’ Rights (African Charter) which incorporates similar socio-economic right provisions, has been recognized as a domestic law in Nigeria and its provisions are enforceable by the domestic courts by virtue of the African Charter on Human and People’s Rights (Ratification and Enforcement) Act Cap A9 Laws of the Federation of Nigeria 2004. It is not only a regional treaty signed and adopted by Nigeria but has been passed into law by the National Assembly and can be enforced like any other local law. This paper will propose that in view of the provisions of the African Charter and mechanisms for implementation as well as other international conventions and national constitutional provisions on human rights, domestic courts may be able to assess state responsibilities in the light of socio-economic rights. Cases decided by South African courts and other jurisdictions will be discussed in order to lend weight to the notion that socio-economic rights can be enforced in jurisdictions such as Nigeria even though the constitution provides otherwise.

Keywords: african charter, constitutional court of south africa, nigerian constitution, socio-economic rights, south african constitution

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Authors: Sameer Ansari, Suhas Nitsure

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Biomimicry has made a big move into the built environment by adapting nature's solutions to human designs and inventions. We can examine numerous aspects of the built environment right from generating energy, fed by rainwater and powered by sun to over all land use impacts. This paper discusses the potential of a man made building which will work for the welfare of humans and reduce the impact of the harmful environment on us which we ourselves created for us. Building services inspired by nature such as building walls from homeostasis in organisms, natural ventilation from termites, artificial aggregates from natural aggregates, solar panels from photosynthesis and building structure itself compared to tree as a cantilever. Environmental services such as using CO2 as a feedstock for construction related activities, using Ornilux glasses and  saving birds from collision with buildings, using prefabricated steel for fast building members- save time and also negligible waste as no formwork is used. Maglev inspired car elevators in building which is unique and giving all together new direction to technology.

Keywords: biomimicry, green technology, maglev car elevator, civil engineering

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Authors: Mohamed Zakareia Ghazy Aly Belal

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Commercial law is the set of legal rules that apply to business and regulates the trade of trade. The meaning of this is that the commercial law regulates certain relations only that arises as a result of carrying out certain businesses. which are business, as it regulates the activity of a specific sect, the sect of merchants, and the commercial law as other branches of the law has characteristics that distinguish it from other laws and various, and various sources from which its basis is derived from It is the objective or material source. the historical source, the official source and the interpretative source, and we are limited to official sources and explanatory sources. so what do you see what these sources are, and what is their degree and strength in taking it in commercial disputes. The first topic / characteristics of commercial law. Commercial law has become necessary for the world of trade and economics, which cannot be dispensed with, given the reasons that have been set as legal rules for commercial field. In fact, it is sufficient to refer to the stability and stability of the environment, and in exchange for the movement and the speed in which the commercial environment is in addition to confidence and credit. the characteristic of speed and the characteristic of trust, and credit are the ones that justify the existence of commercial law. Business is fast, while civil business is slow, stable and stability. The person concludes civil transactions in his life only a little. And before doing any civil action. he must have a period of thinking and scrutiny, and the investigation is the person who wants the husband, he must have a period of thinking and scrutiny. as if the person who wants to acquire a house to live with with his family, he must search and investigate Discuss the price before the conclusion of a purchase contract. In the commercial field, transactions take place very quickly because the time factor has an important role in concluding deals and achieving profits. This is because the merchant in contracting about a specific deal would cause a loss to the merchant due to the linkage of the commercial law with the fluctuations of the economy and the market. The merchant may also conclude more than one deal in one and short time. And that is due to the absence of commercial law from the formalities and procedures that hinder commercial transactions.

Keywords: law, commercial law, business, commercial field

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Authors: Kelly Grani Yuen

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Accounting scandals and auditing frauds are perceived to be driven by aggressive companies and misrepresentation of audit reports. However, local legal systems and law enforcements may affect the services auditors provide to their ‘important’ clients. Under the civil law and common law jurisdictions, the standard setters, the government, and the regulatory bodies treat cases differently. As such, whether or not different forms of legal systems and extent of law enforcement plays an important role in auditor’s Audit Quality is a question this paper attempts to explore. The paper focuses on the investigation in Asia, where Hong Kong represents the common-law jurisdiction, while Taiwan and China represent the civil law jurisdiction. Only the ten reputable accounting firms are used in this study due to the differences in rankings and establishments of some of the small local audit firms. This will also contribute to the data collected between the years 2007-2013. By focusing on the use of multiple regression based on the dependent (Audit Quality) and independent variables (Client Importance, Law Enforcement, and Press Freedom), six different models are established. Results demonstrate that since different jurisdictions have different legal systems and market regulations, auditor’s treatment on ‘important’ clients will vary. However, with the moderators in place (law enforcement and press freedom), the relationship between client importance and audit quality may be smoothed out. With that in mind, this study contributes to local governments and standard setters’ consideration on legal reform and proper law enforcement in the market. Perhaps, with such modifications on the economic systems, collusion between companies and auditors can finally be put to a halt.

Keywords: audit quality, client importance, jurisdiction, modified audit opinions

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Authors: Joel Zapata

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Chicana/o Activism in the Southern Plains Through Time and Space, a digital history project available at PlainsMovement.com, helps reveal an understudied portion of the Chicana/o Civil Rights Movement: the way it unfolded on the Southern Plains. The project centers around an approachable interactive map and timeline along with a curated collection of materials. Therefore, the project provides a digital museum experience that has not emerged within the region’s museums. That is, this digital history project takes scholarly research to the wider public, making it is also a publicly facing history project. In this way, the project adds to both scholarly and socially significant conversations, showing that the region was home to a burgeoning wing of the Chicana/o Movement and that instances of police brutality largely spurred this wing of the social justice movement. Moreover, the curated collection of materials demonstrates that police brutality united the plains’ Mexican population across political ideology, a largely overlooked aspect within the study of Mexican American civil rights movements. Such a finding can be of use today since contemporary Latina/o social justice organizations generally ignore policing issues even amid a rise in national awareness regarding police abuse. In making history accessible to Mexican origin and Latina/o communities, these same communities may in-turn use the knowledge gained from historical research towards the betterment of their social positions—the foundational goal of Chicana/o history and the related field of Chicana/o Studies. Ultimately, this digital history project is intended to draw visitors to further explore the Chicana/o Civil Rights Movement within and beyond the plains.

Keywords: Chicana/o Movement, digital history, police brutality, newspapers, protests, student activism

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Authors: Huilei Wang, Yuanfeng Wang

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In the early period of China, economy developed rapidly at the cost of environment. Recently, it is generally recognized that the heavily polluted environment not only puts a brake on economic development but also paces negative impact on people’ health as well as probably next decades of generations. Accordingly, the latest Environmental Protection Law revised in 2014 makes a clear-cut division of environmental responsibility and regulates stricter penalties of breaching law. As the new environmental law is enforced gradually, environmental forensic is increasingly required in the process of ascertaining facts in judicial proceedings of environmental cases. Based on the outcomes of documentary analysis for all environmental cases judged on the basis of new environmental law, it is concluded that there still exists problems in present system of environmental forensic. Thus, this paper is aimed to make proposition on improving Chinese environmental forensic system, which involves: (i) promoting capability of environmental forensic system (EFS) to handle professional questions; (ii) develop price mechanism; (iii) multi-departments cooperate to establish unifying and complete EFS system;(iv) enhance the probative value of results of EFS. Such protocol for amending present regulation on environmental forensic is of significant importance because a quality report of environmental forensic will contributes to providing strong probative evidence of culprits’ activity of releasing contaminant into environment, degree of damages for victims and above all, causality between the behavior of public nuisance and damages.

Keywords: China, environmental cases, environmental forensic system, proposition

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Authors: Meseret Gebeyehu Yehuala

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Women represent the majority of urban farmers engaged in vegetable and fruit production in Bahir Dar, Ethiopia. We examine urban agriculture in Bahir Dar city in the context of disruptions caused by the civil war and COVID-19. The Sustainable Livelihoods Framework serves as a conceptual frame to explore the vulnerability context, the structural and institutional challenges faced by women, and how this impacts their livelihoods. A total of 25 urban women farmers and 6 key informants were involved in the study through explorative and structured interviews conducted in 2021. Observations and informal conversations during repeated visits provided deeper insights. In addition, key informants employed in civil service institutions and experts were interviewed. Data were analysed by applying qualitative content analysis by using Atlas tia software. Women report that they experience a lack of access to land, insecurity of tenure, irregular technical support and input provision by agricultural extension services, and lack of access to credit and formal marketplaces. The COVID-19 pandemic restrictions aggravated this situation by delaying agricultural extension offices’ provision of necessary inputs and disrupting food handling and storage leading to the loss of perishable products. Bombing in relation to the civil war has destroyed harvests and left women in fear of returning to their fields. Women stated that vegetable and fruit production could contribute to their incomes, household food supplies, and more diversified diets. However, the city municipal office has, so far, not committed to supporting urban agriculture as a livelihood strategy.

Keywords: urban agriculture, institutional challenges, Bahir Dar, sustainable livelihood framework

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Authors: Angsumalin Puntho

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Disruptive technology has had a great influence on our everyday lives and the existence of an organization. Geologists in the public sector need to keep up with digital technology and be able to work and collaborate in a more effective manner. The result from SWOT and 7S McKinsey analyses suggest that there are inadequate IT personnel, no individual digital literacy development plan, and a misunderstanding of management policies. The Office of Civil Service Commission develops digital literacy skills that civil servants and government officers should possess in order to work effectively; it consists of nine dimensions, including computer skills, internet skills, cyber security awareness, word processing, spreadsheets, presentation programs, online collaboration, graphics editors and cyber security practices; and six steps of digital literacy development including self-assessment, individual development plan, self-learning, certified test, learning reflection, and practices. Geologists can use digital literacy as a learning tool to develop themselves for better career opportunities.

Keywords: disruptive technology, digital technology, digital literacy, computer skills

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Authors: Livhuwani Muthelo, Tebogo Maria Mothiba, Rambelani Nancy Malema

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Background: Despite occupational legislation/standards being in place in the industry, there are many reported health and safety incidents, including both occupational injuries and illnesses in the South African mining industry. Purpose: This systematic literature review aimed to describe and identify the existing gaps in health and safety compliance within the South African mining industry and propose future research areas. Methodology: A systematic literature review was conducted using the key concepts of health and safety, compliance, standards, and mining. A total of 102 papers issued from 1994 to April 2020 were extracted from an online database search, which included a combination of South African and international government OHS legislation documents, policies, standards, reports from the mineral departments and international labour office, qualitative and quantitative journal articles, dissertations, seminars and conference proceedings. Results: The literature review revealed that, though there are laws, regulations, standards to guide the industry on health and safety issues in South Africa, the main challenge is with the compliance with the existing health and safety systems, wherein systems are not being implemented. Conclusion: Gaps between research, policy, and implementation in occupational health practice in the South African mining industry were also identified.

Keywords: circumstances, non-compliance, health and safety, standards, mining industry

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Authors: Lidija Simunovic

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A Close-out netting cause is a clause within master agreements which reduces credit risks. This clause contains the parties ' advance agreement that the occurrence of a certain event (such as the commencement of bankruptcy proceedings) will result in the termination of the contract and that their mutual claims will be calculated as a net lump-sum to be paid by one party to the other. The legal treatment of the enforceability of close-out netting clauses opens up many legal matters in comparative legal systems because it is not uniformly treated in comparative laws. Certain legal systems take a liberal approach and allow the enforcement of close-out netting clauses. Others are much stricter, and they limit or completely prohibit the enforcement of close-out netting clauses through the mandatory provisions of their national bankruptcy laws. The author analyzes the concept of close-out netting clauses in selected comparative legal systems and examines the differences in their legal treatment by using the historical, analytical, and comparative method. It results that special treatment of the close-out netting in national laws with a liberal approach is often forced by financial industry lobbies and introduced in national laws without the justified reasons. Contrary to that in legal systems with limited or prohibited approach on close-out netting the uncertain enforceability of the close-out netting clause causes potential credit risks. The detected discrepancy on the national legal treatment and national financial markets regarding close-out netting lead to the conclusion to author’s best knowledge that is not possible to use any national model of close-out netting as a role model which perfectly fits all.

Keywords: close-out netting clauses, derivatives, insolvency, offsetting

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Authors: Shimaa Abdel-Rahman Amin El-Badawy

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Commercial law is the set of legal rules that apply to business and regulates the trade of trade. The meaning of this is that the commercial law regulates certain relations only that arises as a result of carrying out certain businesses. which are business, as it regulates the activity of a specific sect, the sect of merchants, and the commercial law as other branches of the law has characteristics that distinguish it from other laws and various, and various sources from which its basis is derived from It is the objective or material source. the historical source, the official source and the interpretative source, and we are limited to official sources and explanatory sources. so what do you see what these sources are, and what is their degree and strength in taking it in commercial disputes. The first topic / characteristics of commercial law. Commercial law has become necessary for the world of trade and economics, which cannot be dispensed with, given the reasons that have been set as legal rules for commercial field.In fact, it is sufficient to refer to the stability and stability of the environment, and in exchange for the movement and the speed in which the commercial environment is in addition to confidence and credit. the characteristic of speed and the characteristic of trust, and credit are the ones that justify the existence of commercial law.Business is fast, while civil business is slow, stable and stability. The person concludes civil transactions in his life only a little. And before doing any civil action. he must have a period of thinking and scrutiny, and the investigation is the person who wants the husband, he must have a period of thinking and scrutiny. as if the person who wants to acquire a house to live with with his family, he must search and investigate. Discuss the price before the conclusion of a purchase contract. In the commercial field, transactions take place very quickly because the time factor has an important role in concluding deals and achieving profits. This is because the merchant in contracting about a specific deal would cause a loss to the merchant due to the linkage of the commercial law with the fluctuations of the economy and the market. The merchant may also conclude more than one deal in one and short time. And that is due to the absence of commercial law from the formalities and procedures that hinder commercial transactions.

Keywords: law, commercial law, Islamic law, custom and Islamic law

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Authors: Bin Mohamed Ebrahim, Aminesh Singla, Henry Pleass

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Aim: There is an ongoing gap in renal transplantation between organs available for donation and recipients on the waiting list. Live donors with pre-existing or a history of renal calculi were thought to be a relative contraindication due to safety concerns for donors. We aim to review current literature assessing outcomes of donors who were found to have a history of renal calculi. Methods: Ovid and Embase were searched between 1960 to 2021 using key terms and Medical Subject Headings (MeSH) – nephrolithiasis, renal stones, renal transplantation and renal graft. Articles included conference proceedings and journal articles and were not excluded based on patient numbers. Studies were excluded if the specific organ was not identified, duplicated reports found or if post-transplant outcomes were not recorded. Outcomes were donor’s renal function or renal calculi recurrence postoperatively. Results: Upon reviewing 344 articles, 14 manuscripts met inclusion criteria. A total of 152 live donors were identified as having pre-existing or with a history of renal calculi at pre-operative workup. The mean stone size was 2.6 4mm (1 – 16) with a mean follow-up duration of 31.8 months (1 – 96). Seven studies had both outcomes. None showed renal complications or stone recurrence. The remaining studies contained 2 out of 84 patients having recurrent nephrolithiasis. Conclusion: Data suggests minimal morbidity involved for live renal donors with a history of nephrolithiasis. This should encourage surgeons to continue recruiting such donors for kidney transplantation.

Keywords: renal transplantation, renal graft, nephrolithiasis, renal calculi, live donor

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Authors: Aman Guru, Chiron Singhi

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The Earth’s climate is being changed at an unrivalled rate since beginning of the evolution of the Earth, 4–5 billion years back, but presently it gained pace due to unintentional anthropogenic disturbances and also increased global warming since the mid-20th century, and these incessant changes in the climatic pattern may bring unpropitious effect on global health and security. Today, however, it is not only the air, or water that are polluted, but the whole atmosphere is prone to pollution and this resulted in other cascading ramification in the form of change in the pattern of rainfall, melting of ice, the rise in the sea level etc. Human activities like production, transport, burning of fuels are adding umpteen dangerous pollutants to the atmosphere which in turn gives rise to global warming. Agriculture plays an imperative part in India's economy. Agriculture, along with fisheries and forestry, is one of the largest contributors to the Gross Domestic Product in India. Research on the effect of climate change and vulnerability of agriculture is a high need in India. A steady increase of CO2 is a primary cause of climate change and global warming and which in turn have a great impact on Indian agriculture. The research focuses on the effect of climate change on Indian agriculture and the proceedings and legal control of legislative measures on such issues and the ways to implement such laws which can help to provide a solution to these problems which can prove beneficial to Indian farmers and their agricultural produce.

Keywords: agriculture, climate change, global warming, India laws, legislative measures

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Authors: Iara Rezende, Djalma Silva, Alcino Costa Neto

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Considering the transformations of the contemporary world linked to globalization and climate changes caused by global warming, the environmental and energy issues have been increasingly present in the decisions of the world scenario. Thus, the aim of reducing the impacts caused by human activities there are the energy efficiency measures, which are also applicable in the scope of Civil Engineering. Considering that a large part of the energy demand from buildings is related to the need to adapt the internal environment to the users comfort and productivity, measures capable of reducing this need can minimize the climate changes impacts and also the energy consumption of the building. However, these important measures are currently little used by civil engineers, either because of the interdisciplinarity of the subject, the time required to apply certain methods or the difficult interpretation of the results obtained by computational programs that often have a complex and little applied approach. Thus, it was proposed the development of a Java application with a simpler and applied approach to evaluate the thermal performance of a building in order to obtain results capable of assisting the civil engineers in the decision making related to the users thermal comfort. The program was built in Java programming language and the method used for the evaluation was the Center Scientifique et Technique du Batiment (CSTB) method. The program was used to evaluate the thermal performance of a university classroom. The analysis was carried out from simulations considering the worst climatic situation of the building occupation. Thus, at the end of the process, the favorable result was obtained regarding the classroom comfort zone and the feasibility of using the program, thus achieving the proposed objectives.

Keywords: building occupation, CSTB method, energy efficiency measures, Java application, thermal comfort

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Authors: Manar Al-Ateeq

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The building construction industry plays a major role in the economy of the word and the state of Kuwait. This paper evaluates existing new civil site engineers, describes a new system for improvement and insures the importance of prequalifying and developing for new engineers. In order to have a strong base in engineering, educational institutes and workplaces should be responsible to continuously train engineers and update them with new methods and techniques in engineering. As to achieve that, school of engineering should constantly update computational resources to be used in the professions. A survey was prepared for graduated Engineers based on stated objectives to understand the status of graduate engineers in both the public and private sector. Interviews were made with different sectors in Kuwait, and several visits were made to different training centers within different workplaces in Kuwait to evaluate training process and try to improve it. Virtual Reality (VR) technology could be applied as a complement to three-dimensional (3D) modeling, leading to better communication whether in job training, in education or in professional practice. Techniques of 3D modeling and VR can be applied to develop the models related to the construction process. The 3D models can support rehabilitation design as it can be considered as a great tool for monitoring failure and defaults in structures; also it can support decisions based on the visual analyses of alternative solutions. Therefore, teaching computer-aided design (CAD) and VR techniques in school will help engineering students in order to prepare them to site work and also will assist them to consider these technologies as important supports in their later professional practice. This teaching technique will show how the construction works developed, allow the visual simulation of progression of each type of work and help them to know more about the necessary equipment needed for tasks and how it works on site.

Keywords: three dimensional modeling (3DM), civil engineers (CE), professional practice (PP), virtual reality (VR)

Procedia PDF Downloads 176

Authors: Nevine Henry Wasef

Abstract:

The research discusses how Egyptian citizens perceive the performance of public sector officials, particularly the ethical values manifested in their behavior. It aims at answering the question of how Egyptian citizens’ perception of public officials affects citizens' trust in the government at large and the process of public service delivery specifically. The hypothesis is that public opinion about civil servants’ ethical values would be proportional to citizens’ trust in the government, which means that the more citizens regard administrators with high ethical standards, the higher trust in the government they would have and vice versa. The research would focus on the independent variable of trust in the government and the dependent variable of public perception of administrators’ ethical performance. The data would be collected through surveys designed to measure the public evaluation of public officials they are interacting with and the quality of services delivered to them. The study concludes that implementing ethical values in public administration has a crucial role in improving citizens’ trust in the government based on various case studies of governments that successfully adopted ethical training programs for their civil servants.

Keywords: trust, distrust, ethics, performance, integrity, values, public service

Procedia PDF Downloads 88