Search results for: judicial reasons

Authors: Natalia Khvorostianov, Larissa Remennick

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Recent immigrants seldom join the ranks of volunteers for various social causes. This gap reflects both material reasons (immigrants’ lower income and lack of free time) and cultural differences (value systems, religiosity, language barrier, attitudes towards host society, etc.). Immigrants from the former socialist countries are particularly averse to organized forms of volunteering for a host of reasons rooted in their past, including the memories of false or forced forms of collectivism imposed by the state. In this qualitative study, based on 21 semi-structured interviews, we explored the perceptions and practices of volunteer work among FSU immigrants - participants in one volunteering project run by an Israeli NGO for the benefit of elderly ex-Soviet immigrants. Our goal was to understand the motivations of immigrant volunteers and the role of volunteering in the processes of their own social and economic integration in their adopted country – Israel. The results indicate that most volunteers chose causes targeting fellow immigrants, their resettlement and well-being, and were motivated by the wish to build co-ethnic support network and overcome marginalization in the Israeli society. Other volunteers were driven by the need for self-actualization in the context of underemployment and occupational downgrading.

Keywords: FSU immigrants, integration, volunteering, participation, social capital

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Authors: Mustafa Arikan, Ibrahim Ercan

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In this paper, protection of program formats was investigated in terms of program formats. Protection of program formats was studied in the French Law in the sense of competition law and CPI. Since the English Judicial system exhibits differences from the legal system of Continental Europe, its investigation bears a special significance. The subject was also handled in German Law at length. Indeed, German Law was investigated in detail within the overall framework of the study. Here, the court decisions in the German Law and the views in the doctrine were expressed in general. There are many court decisions in the American legal system concerning the subject. These decisions also present alternatives in terms of a solution to the problem.

Keywords: comparative law, protection of television programme formats, intellectual property, american legal system

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Authors: Kayode Julius Oni

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Without mincing words, democracy is by far the most popular form of government in the world today. No matter how we look at it, and regardless of the variant, most leaders in the world today wish to be seen or labeled as Democrats. Perhaps, its attractions in terms of freedom of allocation, accountability, smooth successions of leadership and a lot more, account for its appeal to the ordinary people. The governance style in Nigeria since 1999 cannot be said to be different from the military. Elections are manipulated, judicial processes abused, and the ordinary people do not have access to the dividends of democracy. The paper seeks to address the existing failures experienced under democratic rule in Nigeria which have to transcend into violation of human rights in the conduct of government business. The paper employs the primary and secondary sources of data collection, and it is highly descriptive and critical.

Keywords: democracy, human rights, Nigeria, politics, republic

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Authors: Julie A. LaRose

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Native American youth, ages 10-24, have the highest rate of suicide in the United States. The hopelessness experienced by the native American youth is linked to psychosocial reasons more than biological or intrapsychic reasons. Two significant social determinants of health that diminish their hope include historical trauma and cultural loss. Intergenerational grief is caused by historical trauma from hundreds of years of colonization, broken treaties, and forced migration, leading to land, resources, and sovereignty loss. Forced acculturation through boarding schools that native children were required to attend led to the loss of traditions and culture. The result is hopelessness. This paper reviewed peer-reviewed research literature, government reports, non-government organizations reports, and video and written publications by Native Americans. Building hope through healing historical trauma and embracing cultural traditions may reduce suicide rates among Native American youth.

Keywords: culture loss, historical trauma, Native American, suicide, suicide rates

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Authors: Nur Ashida Salim, Muhammad Murtadha Othman, Ismail Musirin, Mohd Salleh Serwan

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Uncertainty of system operating conditions is one of the causative reasons which may render to the instability of a transmission system. This will encumber the performance of transmission system to efficiently transmit the electrical power between areas. For that reason, accurate assessment of Transmission Reliability Margin (TRM) is essential in order to ensure effective power transfer between areas during the occurrence of system uncertainties. The power transfer is also called as the Available Transfer Capability (ATC) in which it is the information required by the utilities and marketers to instigate selling and buying the electric energy. This paper proposes a computationally effective approach to estimate TRM and ATC by considering the uncertainties of system cascading collapse and transmission line outages which is identified as the main reasons in power system instability. In accordance to the results that have been obtained, the proposed method is essential for the transmission providers which could help the power marketers and planning sectors in the operation and reserving transmission services based on the ATC calculated.

Keywords: system cascading collapse, transmission line outages, transmission reliability margin, available transfer capability

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Authors: Roger-Claude Liwanga

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Over the last seven decades, there has been a proliferation of international tribunals. Yet, they have not received unanimous approval, raising a question about their legitimacy. A legitimate international tribunal is one whose authority to adjudicate international disputes is perceived as justified. Using the case study of the International Court of Justice (ICJ), this article highlights the three criteria that should be considered in assessing the legitimacy of an international tribunal, which include legal, sociological, and moral elements. It also contends that the ICJ cannot claim 'full' legitimacy if any of these components of legitimacy is missing in its decisions. The article further suggests that the legitimacy of the ICJ has a dynamic nature, as litigating parties may constantly change their perception of the court’s authority at any time before, during, or after the judicial process. The article equally describes other factors that can contribute to maintaining the international court’s legitimacy, including fairness and unbiasedness, sound interpretation of international legal norms, and transparency.

Keywords: international tribunals, legitimacy, human rights, international law

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Authors: Bouchaib Gazzaz, Mounir Mehdi

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In order to ensure consumer food protection, the food industry has a legal obligation to provide food products that comply with the requirements of the legislation in force. National regulations in this area occupy an important place in the food control system in terms of consumer protection. This article discusses the legal and regulatory framework of food safety and consumer protection in Moroccan law. We used the doctrinal research approach by analyzing the judicial normative and bibliographic legal research. As a result, we were able to present the basic principles of consumer food protection by showing to what extent the food safety law provides effective consumer protection in Morocco. We have concluded that there is an impact -in terms of consumer legal protection- of food law reform on the concept of food safety.

Keywords: food safety, Morocco, consumer protection, framework, food law

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Authors: Mohammad Rahmani Rezaiyeh, Mojtaba Rahmani Rezaiyeh, Mehrdad Rahmani Rezaiyeh

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Smart speed bump is a new invention and I am invented it. Smart speed bump is a system that can change the position of speed bumps either active or passive in necessary situations. The basic system of smart speed bumps is based on a robotic system which includes mechanic, electronic and artificial intelligence. The smart speed bump is capable of smart decision making and can change its position by anticipating the peak of terrific hours. It can be noted to the advantages of this system such as preventing the waste of petrol while crossing speed bumps, traffic management, accelerating, flowing and securing traffic, reducing accidents and judicial records.

Keywords: invention, smart, robotic system, speed bump, traffic, management

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Authors: Hasan Alrashid

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The 2005 Hague Convention seeks to ensure legal certainty and predictability between parties in international business transactions. It harmonies exclusive choice of court agreements at the international level between parties to commercial transactions and to govern the recognition and enforcement of judgments resulting from proceedings based on such agreements to promote international trade and investment. Although the choice of court agreements is significant in international business transactions, the United Arab Emirates refuse to recognise it by Article 24 of the Federal Law No. 11 of 1992 of the Civil Procedure Code. A review of judicial judgments in United Arab Emirates up to the present day has revealed that several cases appeared before the Court in different states of United Arab Emirates regarding the recognition of exclusive choice of court agreements. In all the cases, the courts regarded the exclusive choice of court agreements as a direct assault on state authority and sovereignty and refused categorically to recognize choice of court agreements by refusing to stay proceedings in favor of the foreign chosen court. This has created uncertainty and unpredictability in international business transaction in the United Arab Emirates. In June 2011, the first Gulf Judicial Seminar on Cross-Frontier Legal Cooperation in Civil and Commercial Matters was held in Doha, Qatar. The Permanent Bureau of the Hague Conference attended the conference and invited the states of the Gulf Cooperation Council (GCC) namely, The United Arab Emirates, Bahrain, Saudi Arabia, Oman, Qatar and Kuwait to adopt some of the Hague Conventions, one of which was the Hague Convention on Choice of Court Agreements. One of the recommendations of the conference was that the GCC states should research ‘the benefits of predictability and legal certainty provided by the 2005 Convention on Choice of Court Agreements and its resulting advantages for cross-border trade and investment’ for possible adoption of the Hague Convention. Up to today, no further step has been taken by the any of the GCC states to adapt the Hague Convention nor did they conduct research on the benefits of predictability and legal certainty in international business transactions. This paper will argue that the approach regarding the recognition of choice of court agreements in United Arab Emirates states can be improved in order to help the parties in international business transactions avoid parallel litigation and ensure legal certainty and predictability. The focus will be the uncertainty and gaps regarding the choice of court agreements in the United Arab Emirates states. The Hague Convention on choice of court agreements and the importance of harmonisation of the rules of choice of court agreements at international level will also be discussed. Finally, The feasibility and desirability of recognizing choice of court agreements in United Arab Emirates legal system by becoming a party to the Hague Convention will be evaluated.

Keywords: choice of court agreements, party autonomy, public authority, sovereignty

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Authors: N. D. Hiripitiya, H. V. H. De Soysa, H. S. U. Thrimavithana, B. R. Epitawala, K. A. D. D. Kuruppu, D. J. K. Lokupathirage

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This research was related to identify the reasons which lead for early wear and tear of aircraft tyres. Further this research focused to rectify those issues in tyres with some modifications. The aircraft tyres of Y12 aircraft was selected for the study as due to Y12 aircraft fly frequently. Self-structured questionnaire was prepared and it was distributed among Y12 aircraft technicians. Based on their feedback several issues were identified related to tyre wear and tear. One of the reasons was uneven tyre wearing. But it could rectify after interchanging the tyre sides after completion of 50 landings. Several modifications were done in order to rectify all the identified issues. Several devices were constructed in order to enhance the life time of the Y12 aircraft tyre. Mechanical properties were measured for the worn-out tyres. The properties were compared with the control tyre sample. It was found that there was an average increment of tensile strength by 38.14 % of control tyre, when compared with the worn-out tyres which were completed 50 number of landings. The suggested modifications are in the process of implementation. It is confident that above mentioned solutions will lead to increase the life span of tyres in Y12 aircraft.

Keywords: aircraft, devices, enhance life span, modifications for tyre wear

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Authors: Brian Carey Sims

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The current study examines psychological factors relevant to child custody litigation among African American fathers. Thirty-seven fathers engaged in various stages of custody litigation involving their children were surveyed about their perceptions of racial stereotypes, parental motivations, and racialized dynamics of the court/ legal process. Data were analyzed using a Critical Race Theory model designed to statistically isolate fathers’ perceptions of the existence and maintenance of structural racism through the legal process. Results indicate significant correlations between fathers’ psychological measures and structural outcomes of their cases. Findings are discussed in terms of ethical implications for family court judicial systems and attorney practice.

Keywords: ethics, family, legal psychology, policy, race

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Authors: S. Opadere Olaolu

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Religion, as a belief-system, has been with humanity for a long time. It has been recognised to impact the lives of individuals, groups, and communities that hold it dear. Whether the impact is regarded as positive or not depends on the assessor. Thus, for reasons of likely subjectiveness, possible irrationality, and even outright deliberate abuse, most emerging economies seek to follow the pattern of separating the State from religion; yet it is certain that the influence of religion on the State is incontrovertible. Corruption, on the other hand, though difficult to define in precise terms, is clearly perceptible. It could manifest in very diverse ways, including the abuse of a position of trust for the gain of an individual, or of a group with shared ulterior motive. Religion has been perceived, among others, as a means to societal stability, marital stability, infusion of moral rectitude, and conscience with regards to right and wrong. In time past, credible and dependable characters reposed largely and almost exclusively with those bearing deep religious conviction. Even in the political circle, it was thought that the involvement of those committed to religion would bring about positive changes, for the benefit of the society at large. On the contrary, in recent times, religion has failed in these lofty expectations. The level of corruption in most developing economies, and the increase of religion seem to be advancing pari passu. For instance, religion has encroached into political space, and vice versa, without any differentiable posture to the issue of corruption. Worse still, religion appears to be aiding and abetting corruption, overtly and/or covertly. Therefore, this discourse examined from the Nigerian perspective—as a developing economy—, and from a multidisciplinary stand-point of Law and Religion, the issue of religion; secularism; corruption; romance of religion and politics; inability of religion to exemplify moral rectitude; indulgence of corruption by religion; and the need to keep religion in private sphere, with proper checks. The study employed primary and secondary sources of information. The primary sources included the Constitutions of the Federal Republic of Nigeria 1999, as amended; judicial decisions; and the Bible. The secondary sources comprised of information from books, journals, newspapers, magazines and Internet documents. Data obtained from these sources were subjected to content analysis. Findings of this study include the breach of constitutional provisions to keep religion out of State affairs; failure of religion to curb corruption; outright indulgence of corruption by religion; and religion having become a political tool. In conclusion, it is considered apposite still to keep the State out of religion, and to seek enforcement of the constitutional provisions in this respect. The stamp of legality placed on overt and covert corruption by religion should be removed by all means.

Keywords: corruption, complicity, legalizing, religion

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Authors: Tina Naser Torabi

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Prevalence of allergy is affected by different factors according to its base and seasonal weather changes, and it also needs various treatments.Although reasons of allergy existence are not clear but generally, allergens cause reaction between antigen and antibody because of their antigenic traits. In this state, allergens cause immune system to make mistake and identify safe material as threat, therefore function of immune system impaired because of histamine secretion. There are different reasons for allergy, but herbal reasons are on top of the list, although animal causes cannot be ignored. Important point is that allergenic compounds, cause making dedicated antibody, so in general every kind of allergy is different from the other one. Therefore, most of the plants in herbal allergenic category can cause various allergies for human beings, such as respiratory allergies, nutritional allergies, injection allergies, infection allergies, touch allergies, that each of them show different symptoms based on the reason of allergy and also each of them requires different prevention and treatment. Geographical condition is another effective factor in allergy. Seasonal changes, weather condition, herbal coverage variety play important roles in different allergies. It goes without saying that humid climate and herbal coverage variety in different seasons especially spring cause most allergies in human beings in Iran and India that are discussed in this article. These two countries are good choices for allergy prevalence because of their condition, various herbal coverage, human and animal factors. Hay fever is one of the allergies, although the reasons of its prevalence are unknown yet. It is one of the most popular allergies in Iran and India because of geographical, human, animal and herbal factors. Hay fever is on top of the list in these two countries. Significant point about these two countries is that herbal factor is the most important factor in prevalence of hay fever. Variety of herbal coverage especially in spring during herbal pollination is the main reason of hay fever prevalence in these two countries. Based on the research result of Pharmacognosy and Phytochemistry, pollination of some plants in spring is major reason of hay fever prevalence in these countries. If airborne pollens in pollination season enter the human body through air, they will cause allergic reactions in eyes, nasal mucosa, lungs, and respiratory system, and if these particles enter the body of potential person through food, they will cause allergic reactions in mouth, stomach, and other digestive systems. Occasionally, chemical materials produced by human body such as Histamine cause problems like: developing of nasal polyps, nasal blockage, sleep disturbance, risk of asthma developing, blood vasodilation, sneezing, eye tears, itching and swelling of eyes and nasal mucosa, Urticaria, decrease in blood pressure, and rarely trauma, anesthesia, anaphylaxis and finally death. This article is going to study the reasons of hay fever prevalence in Iran and India and presents prevention and treatment Method from Phytochemistry and Pharmocognocy point of view by using local natural products in these two countries.

Keywords: hay fever, India, Iran, natural treatment, phytochemistry

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Authors: Narjes Tahmasbi

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Burnout is considered a work-related syndrome made from a person’s recognition of a gap between expecting success in professional performance and less satisfying reality. Teaching, as one of the most stressful jobs in the world, creates a sense of burnout that disturbs the competency of teachers’ personal and professional features, and it can be dangerous for themselves as well as their students. Recently, there has been growing research on the different effects of burnout; however, it is necessary to investigate the causes of this issue, especially in universities. This study aims to investigate the causes and recommended solutions to burnout in the teaching careers of university professors. The participants of the study were 5 EFL university professors from an institution of higher education in Shiraz, Iran. The current study used a qualitative design. Data were obtained from an interview with all participants. The participants were asked to answer 8 questions that were made through a semi-instructional interview. The results of the interview with the participants indicated that there were 4 main reasons that cause burnout in teachers: lack of student motivation, environmental factors, interpersonal problems, and financial problems. Recommended solutions were different according to the different personalities, creativity, and experiences of participants. The discussion of each of the causes of burnout represents how these categories cause burnout, and the discussion of each of the solutions shows how a teacher can handle burnout.

Keywords: burnout, EFL teachers, reasons, solutions, work-related syndrome

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Authors: S. Sunaina, Neha Saini

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Children are considered as future of a country. In order to have a better future, better laws are required in the present, especially for the children. Their development primarily revolves around physical, mental, psychological, emotional and financial facets. Hence the holistic development of a child in the contemporary society is a must in order to secure a better future. The present paper is an endeavour to analyse the development of children in India vis-a-vis The Child Development Bill 2016 and Child Labour (Abolition) Bill 2016 pending before the Indian Parliament. The findings of the study will attempt to highlight the flaws of the Bills and their probable repercussions, supporting the same with Constitutional provisions, judicial precedents, and the international perspective. Finally, the paper will conclude with concrete suggestions to overcome the flaws of the Bills so that the Bills, when passed, can be sincerely implemented.

Keywords: bill, children, development, repercussion

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Authors: V. V. Prasada Rao P., K. Venkata Subbaiah, J. Sudhir Kumar

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Most Indian cities or townships are facing greater challenges in proper disposal of their municipal solid wastes, which are growing exponentially with the rising urban population and improvement in the living standards. As per the provisional figures, 377 million people live in the urban areas accounting for 31.16 % of the Country’s total population, and expected to grow by 3.74% every year. In India, the municipal authority is liable for the safe management & disposal of Municipal Solid Wastes. However, even with the current levels of MSW generation, a majority of the local governments are unable to comply with their constitutional responsibility due to reasons ranging from cultural aspects to technological and financial constraints. In contrast, it is expected that the MSW generation in India is likely to increase from 68.8 MTD in 2011 to 160.5 MTD by 2041. Thus, the immediate challenge before the urban local bodies in India is to evolve suitable strategies not only to cope up with the current levels, but also to address the anticipated generation levels of MSW. This paper discusses the reasons for the low levels of enforcement of MSW Rules and suggests effective management strategies for the safe disposal of MSW.

Keywords: biodegradable waste, dumping sites, management strategy, municipal solid waste (MSW), MSW rules, vermicompost

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Authors: Daniel Suarez Alonso

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Cybercrime is a growing international threat and a challenge for law enforcement agencies and judicial systems worldwide. International cooperation is necessary to solve this problem because cybercrime knows no borders and often involves multiple jurisdictions, being related to organised crime. The purpose of this article is to analyse international cooperation in the investigation and prosecution of cybercrime, focusing on the framework of the Regulation of the European Union Agency for Law Enforcement Cooperation (EUROPOL), cooperation that takes place between police authorities from different countries. It examines the legal and operational mechanisms in place to facilitate international cooperation in Europe in this area and assesses their effectiveness in the fight against cybercrime. In addition, the study of a Spanish investigation where cooperation with EUROPOL took place will be examined, analyzing how international cooperation was carried out to investigate and track down criminals. Lessons learned from this case will be discussed and recommendations for improving international cooperation in the fight against cybercrime will be proposed.

Keywords: Europol, international cooperation, cybercrime, computer crime, law

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Authors: Huang Gui

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This paper supplies some possible approaches of the death penalty reform in China basic on the analyzing the reformation conducted by the Ninth Amendment. There now are 46 crimes punishable by death, and this penalty still plays a significant role in the criminal punishment structure. In order to abolish entirely the death penalty in Penal Code, the legislature of China should gradually abolish the death penalty for the nonviolent crimes and then for the nonlethal violent crimes and finally for the lethal violent crimes. In the case where the death penalty has not yet been abolished completely, increasing the applicable conditions of suspension of execution of death penalty and reducing the scope of applicable objects (elderly defendant and other kinds of special objects) of death penalty would be an effective road to control and limit the use of death penalty in judicial practice.

Keywords: death penalty, the eighth amendment, the ninth amendment, suspension of execution of death, immediate execution of death, China

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Authors: Sadeq Al Yaari, Muhammad Alkhunayn, Ayman Al Yaari, Montaha Al Yaari, Aayah Al Yaari, Adham Al Yaari, Sajedah Al Yaari, Fatehi Eissa

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Stuttering is a multidimensional disorder that is influenced by different factors. As a result of their un-understanding of the genuine reasons behind stuttering, psychiatrists and Speech and Language Pathologists/Therapists (SLP/Ts) are often unfamiliar with the psychoneurolinguistic characteristics, support needs, and the disability measurement impacting requested rehabilitation of the stuttering population. PubMed, PsycInfo, Web of Science, Scopus, and Google scholar searches, in addition to some unpublished literature, were conducted in this Systematic Literature Review and Meta-analysis (SLR and Meta-analysis) to identify whether stuttering is caused by psychological or neurological reasons. The study concluded that psychological, not neurolinguistic factors were identified as most significant for the causality of childhood stuttering. Stutterers have intact language skills, but impaired ability more to communicate with others than to form letters in the brain or to articulate them. The study recommends research in the future that sheds light on the adult stuttering population often left out of the focus of diagnosis and in need of further exploration vis-a-vis issues they encounter, as well as the possible ways to deal with them psychoneurolinguistically.

Keywords: causality, childhood stuttering, psychology, neurolinguistics, systematic literature review, meta-analysis

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Authors: Amir Shafiq, Asif Shahzad, Shabbar Mehmood, Muhammad Saeed, Hamid Mustafa

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Administration of justice in a society is evolutionary process. In pre-modern societies vital organs that we consider separate today i.e. legislation, implementation and adjudication were controlled by a King, the sovereign authority. Whereas now it is recognized that Development of a country revolves in seven arenas i.e. Civil Society, Political Society, Economic Society, Legislature, Judiciary, Executive & Bureaucracy. Each society whether developing or developed, has need of institutions and structures that can resolve difference of opinions of private or public nature between contending parties. Administration of justice has a key-role in the development of the society. Through this paper, it is to highlight that an independent judiciary having the support of public opinion therefore is inevitable to wriggle out from such problems in order to restore and protect the fundamental rights, constitution and democratic political system in third world countries like Pakistan.

Keywords: role of judiciary, developing countries, judicial activism, present scenario

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Authors: V. Bezverbny

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The actuality of the project deals with stable growing of deviant behavior’ statistics among Moscow citizens. During the recent years the socioeconomic health, wealth and life expectation of Moscow residents is regularly growing up, but the limits of crime and drug addiction have grown up seriously. Another serious Moscow problem has been economical stratification of population. The cost of identical residential areas differs at 2.5 times. The project is aimed at complex research and the development of methodology for main factors and reasons evaluation of deviant behavior growing in Moscow. The main project objective is finding out the links between the urban environment quality and dynamics of citizens’ deviant behavior in regional and municipal aspect using the statistical research methods and GIS modeling. The conducted research allowed: 1) to evaluate the dynamics of deviant behavior in Moscow different administrative districts; 2) to describe the reasons of crime increasing, drugs addiction, alcoholism, suicides tendencies among the city population; 3) to develop the city districts classification based on the level of the crime rate; 4) to create the statistical database containing the main indicators of Moscow population deviant behavior in 2010-2015 including information regarding crime level, alcoholism, drug addiction, suicides; 5) to present statistical indicators that characterize the dynamics of Moscow population deviant behavior in condition of expanding the city territory; 6) to analyze the main sociological theories and factors of deviant behavior for concretization the deviation types; 7) to consider the main theoretical statements of the city sociology devoted to the reasons for deviant behavior in megalopolis conditions. To explore the level of deviant behavior’ factors differentiation, the questionnaire was worked out, and sociological survey involved more than 1000 people from different districts of the city was conducted. Sociological survey allowed to study the socio-economical and psychological factors of deviant behavior. It also included the Moscow residents’ open-ended answers regarding the most actual problems in their districts and reasons of wish to leave their place. The results of sociological survey lead to the conclusion that the main factors of deviant behavior in Moscow are high level of social inequality, large number of illegal migrants and bums, nearness of large transport hubs and stations on the territory, ineffective work of police, alcohol availability and drug accessibility, low level of psychological comfort for Moscow citizens, large number of building projects.

Keywords: deviant behavior, megapolis, Moscow, urban environment, social stratification

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Authors: Athanasia Petropoulou

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While there is a common understanding that a person’s sex, gender, gender identity, and sexual orientation shape every stage of the migration experience, theories of international migration had until recently not been focused on exploring and incorporating a gender perspective in their analysis. In a similar vein, refugee law has long been the object of criticisms for failing to recognize and respond appropriately to women’s and sexual minorities’ experiences of persecution. The present analysis attempts to depict the challenges faced by the European Court of Human Rights (ECtHR) and U.S. courts when adjudicating in cases involving asylum claims with a gendered perspective. By providing a comparison between adjudicating strategies of international and national jurisdictions, the article aims to identify common or distinctive approaches in addressing gendered based claims. The paper argues that, despite the different nature of the judicial bodies and the different legal instruments applied respectively, judges face similar challenges in this context and often fail to qualify and address the gendered dimensions of asylum claims properly. The ECtHR plays a fundamental role in safeguarding human rights protection in Europe not only for European citizens but also for people fleeing violence, war, and dire living conditions. However, this role becomes more difficult to fulfill, not only because of the obvious institutional constraints but also because cases related to claims of asylum seekers concern a domain closely linked to State sovereignty. Amid the current “refugee crisis,” risk assessment performed by national authorities, like in the process of asylum determination, is shaped by wider geopolitical and economic considerations. The failure to recognize and duly address the gendered dimension of non - refoulement claims, one of the many shortcomings of these processes, is reflected in the decisions of the ECtHR. As regards U.S. case law, the study argues that U.S. courts either fail to apply any connection between asylum claims and their gendered dimension or tend to approach gendered based claims through the lens of the “political opinion” or “membership of a particular social group” reasons of fear of persecution. This exercise becomes even more difficult, taking into account that the U.S. asylum law inappropriately qualifies gendered-based claims. The paper calls for more sociologically informed decision-making practices and for a more contextualized and relational approach in the assessment of the risk of ill-treatment and persecution. Such an approach is essential for unearthing the gendered patterns of persecution and addressing effectively related claims, thus securing the human rights of asylum seekers.

Keywords: asylum, European court of human rights, gender, human rights, U.S. courts

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Authors: Guadalupe Fuentes-Lombardo, Manuel Carlos Vallejo-Martos, Rubén Fernández-Ortiz, Miriam Cano-Rubio

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The different ways in which companies enter foreign markets, exporting their products and direct investment and using strategic alliances or not, are influenced by a series of peculiarities specific to family businesses. In these companies, different systems, such as the family, property, and business overlap; giving them unique and specific characteristics which on occasions can enhance the development of cooperation agreements and in other situations can hinder them. Previous research has shown that these companies are more likely to enter into strategic alliances with certain specific features, and are more reluctant to take part in others in which some of the advantages of the family business are put at risk, such as control of ownership and decision-making over the company by the family, among others. These arguments show that there is a wide range of interesting aspects and peculiarities in the process of internationalization of the family business, although the research objectives of this paper focus on three in particular. Our first objective will be to discover why family businesses decide to establish or not strategic alliances in their internationalization processes in comparison with other companies that are not family owned. Secondly we will be identifying the idiosyncratic aspects of family businesses that favor or hinder the use of strategic alliances as a means of entering foreign markets. Our third and final objective will be to define the types of strategic alliance most commonly used by family businesses and the reasons why they choose these particular forms of alliance rather than others. We chose these research objectives for three main reasons. Firstly because research on this subject shows that alliances are the best way to begin the international expansion process, among other reasons because they provide the partners with different kinds of resources and capacity, so increasing the probability of successful internationalization. Secondly, because family and non-family businesses are often equipped with different types of resources and strategic alliances, offer them the chance to acquire resources less frequently found in family businesses. Thirdly, because the strengths and weaknesses of these companies could affect their decisions whether or not to use strategic alliances in their international expansion process and the success achieved in these alliances. As a result, these companies prefer to enter into cooperation agreements with conditions that do not put their specific status as family companies at risk.

Keywords: family business, internationalization, strategic alliances, olive-oil and wine industry

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Authors: Ruqaya Sabeeh Al-Taie

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The present study strives to answer the question if translation is sometimes betrayal of the original or not. Such a question emanates from the Italian phrase traduttore-traditore – ‘translator, traitor’ or betrayer, which constitutes a problem for all translators since the lexical words, linguistic structures and cultural terms sometimes do not have literal equivalents in diverse languages. To answer the debated question of fidelity and infidelity in translation, and ascertain the implication of the above Italian phrase, the researcher has collected different kinds of parallel texts which are analyzed to examine the reasons behind the translator’s infidelity in translation in general, and in translating literary texts in particular, and how infidelity can be intended and/or unintended by the translator. It has been found that there are four reasons behind intended infidelity: deliberate adaptation to fit the original, modification for specific purposes, translator’s desire, and unethical translation in favor of government or interest group monopolization; whereas there are also four different motives behind unintended infidelity: translator’s misunderstanding, translator’s sectarianism, intralingual translation, and censorship for political, social and religious purposes. As a result, the investable linguistic and cultural dissimilarities between languages, for instance, between English and Arabic, make absolute fidelity impossible, and infidelity in its two kinds, i.e. intended and unintended, unavoidable.

Keywords: deliberate adaptation, intended infidelity, literary translation, unintended infidelity

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Authors: Rajni Singh, Rakesh Mishra, Mukunda Upadhyay

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India is among the nations born out of partition that led to one of the greatest forced migrations that marked the past century. The Indian subcontinent got partitioned into two nation-states, namely India and Pakistan. This led to an unexampled mass displacement of people accounting for about 20 million in the subcontinent as a whole. This exemplifies the socio-political version of displacement, but there are other identified reasons leading to human displacement viz., natural calamities, development projects and people-trafficking and smuggling. Although forced migrations are rare in incidence, they are mostly region-specific and a very less percentage of population appears to be affected by it. However, when this percentage is transcripted in terms of volume, the real impact created by such migration can be realized. Forced migration is thus an issue related to the lives of many people and requires to be addressed with proper intervention. Forced or involuntary migration decimates peoples' assets while taking from them their most basic resources and makes them migrate without planning and intention. This in most cases proves to be a burden on the destination resources. Thus, the question related to their security concerns arise profoundly with regard to the protection and safeguards to these migrants who need help at the place of destination. This brings the human security dimension of forced migration into picture. The present study is an analysis of a sample of 1501 persons by NSSO in India (National Sample Survey Organisation), which identifies three reasons for forced migration- natural disaster, social/political problem and displacement by development projects. It was observed that, of the total forced migrants, about 4/5th comprised of the internally displaced persons. However, there was a huge inflow of such migrants to the country from across the borders also, the major contributing countries being Bangladesh, Pakistan, Sri Lanka, Gulf countries and Nepal. Among the three reasons for involuntary migration, social and political problem is the most prominent in displacing huge masses of population; it is also the reason where the share of international migrants to that of internally displaced is higher compared to the other two factors /reasons. Second to political and social problems, natural calamities displaced a high portion of the involuntary migrants. The present paper examines the factors which increase people's vulnerability to forced migration. On perusing the background characteristics of the migrants it was seen that those who were economically weak and socially fragile are more susceptible to migration. Therefore, getting an insight about this fragile group of society is required so that government policies can benefit these in the most efficient and targeted manner.

Keywords: involuntary migration, displacement, natural disaster, social and political problem

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Authors: Anurag Devkota

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Foreign employment serves to be the strongest pillar in engendering employment options for a large number of the young Nepali population. Nepali workers are forced to leave the comfort of their homes and are exposed to precarious conditions while on a journey to earn enough money to live better their lives. The exponential rise in foreign labour migration has produced a snowball effect on the economy of the nation. The dramatic variation in the economic development of the state has proved to establish the fact that migration is increasingly significant for livelihood, economic development, political stability, academic discourse and policy planning in Nepal. The foreign employment practice in Nepal largely incorporates the role of individual agents in the entire process of migration. With the fraudulent acts and false promises of these agents, the problems associated with every Nepali migrant worker starts at home. The workers encounter tremendous pre-departure malpractice and exploitation at home by different individual agents during different stages of processing. Although these epidemic and repetitive ill activities of intermediaries are dominant and deeply rooted, the agents have been allowed to walk free in the absence of proper laws to curb their wrongdoings and misconduct. It has been found that the existing regulatory mechanisms have not been utilised to their full efficacy and often fall short in addressing the actual concerns of the workers because of the complex legal and judicial procedures. Structural changes in the judicial setting will help bring perpetrators under the law and victims towards access to justice. Thus, a qualitative improvement of the overall situation of Nepali migrant workers calls for a proper 'regulatory' arrangement vis-à-vis these brokers. Hence, the author aims to carry out a doctrinal study using reports and scholarly articles as a major source of data collection. Various reports published by different non-governmental and governmental organizations working in the field of labour migration will be examined and the research will focus on the inductive and deductive data analysis. Hence, the real challenge of establishing a pro-migrant worker regime in recent times is to bring the agents under the jurisdiction of the court in Nepal. The Gulf Visit Study Report, 2017 prepared and launched by the International Relation and Labour Committee of Legislature-Parliament of Nepal finds that solving the problems at home solves 80 percent of the problems concerning migrant workers in Nepal. Against this backdrop, this research study is intended to determine the ways and measures to curb the role of agents in the foreign employment and labour migration process of Nepal. It will further dig deeper into the regulatory mechanisms of Nepal and map out essential determinant behind the impunity of agents.

Keywords: foreign employment, labour migration, human rights, migrant workers

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Authors: Mukesh Ranjan

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Applying probit model on the micro data of NSS 71st round on education for understanding the access to education post the passage of Right to Education act,2009 in India. The empirical analysis shows that at all India level the mean age of enrollment in school is 5.5 years and drop-out age is around 14 years (or studied up to class 7) and around 60 percent females never get enrolled in any school in their lifetime. Nearly 20 percent children in Bihar never seen school and surprisingly, the relatively developed states like Gujarat, Maharashtra, Karnataka, Kerala and Tamil Nadu have more than one-third of the children and half of the children in Andhra Pradesh, West Bengal and Orissa as educationally wasted. The relative contribution in educational wastage is maximum by Bengal (10 %) while UP contributed a maximum of 30 % in educational non-enrollment in the country. Educational wastage is more likely to increase with age. Marriage is a resistive factor in getting education. Muslims are educationally more deprived than Hindus. Larger family and rich household are less likely to be educationally deprived. Major reasons for drop-out until 9 years were lack of interest in education and financial constraint; between 10-12 years, lack of interest and unable to cope up with studies and post 12 years financial constraint, marriage and other household reasons.

Keywords: probit model, educational wastage, educational non-enrollment, educational deprivation

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Authors: Mingsiang Chen

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The increasing transactions among countries worldwide have brought about a trend of comparative law research in the legal community. An important branch of legal research, i.e., constitutional law, is no exception to the trend. The comparative study of constitutional law takes various forms, and one of these is to study the use of foreign law by constitutional courts. There are, in essence, three sources of foreign law usually used by constitutional courts: foreign constitutions, decisions by foreign constitutional courts, and legal theories developed by foreign scholars. There are two types of using foreign law by constitutional courts: citing any of the forenamed sources for reference purpose, ruling based on the contents or logic of any of the forenamed sources. This paper examines all the decisions handed down by the Constitutional Court of Taiwan from 1990 to 2017. Its purpose is to seek out the occasions, the extent, the significance, and the approach of such usage.

Keywords: comparative constitutional law, constitutional court, judicial review, Taiwan judiciary

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Authors: Jaejun Jong

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Many teachers in South Korea conduct research to improve the quality of their instruction. Unfortunately, many researchers generalize the results of measurements based on one subgroup to other students or to the entire population, which can cause problems. This study aims to determine examples of possible problems resulting from generalizing measurements based on one subgroup to an entire population or another group. This study is needed, as teachers’ instruction and class quality significantly affect the overall quality of education, but the quality of research conducted by teachers can become questionable due to overgeneralization. Thus, finding potential problems of overgeneralization can improve the overall quality of education. The data in this study were gathered from 145 sixth-grade elementary school students in South Korea. The result showed that students in different classes could differ significantly in various ways; thus, generalizing the results of subgroups to an entire population can engender erroneous student predictions and evaluations, which can lead to inappropriate instruction plans. This result shows that finding the reasons for such overgeneralization can significantly improve the quality of education.

Keywords: generalization, measurement, research methodology, teacher education

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Authors: Talib Jan Abasindhi

Abstract:

Democracy has reached almost every nuke & corner of the globe. It is well embedded in the political systems found in the majority of the countries in the world. Political parties, their manifestos, and programs are educating their people for better democracy and good governance, as well as service delivery in many countries around the globe. Although democracy in Pakistan by itself is in its infancy stage, yet, there is a region consisting of three districts (administrative units) lying in the North of the country where democracy is yet unknown to a wide range of population bounded into a series of mountains from Himalayan and Karakuram ranges. Political parties are struggling now to get their roots in the area while disrupting the traditional and tribal electoral system prevailing in the region. This paper will shed light on an interesting subject of casting lots for nomination as candidatures for general and local bodies’ elections in Kohistani region in Pakistan. The people of wisdom and knowledge in the modern world deem such societies as uncivilized where these practices are found. No one can believe it in today’s world, yet, this practice has been common in Kohistani region over the past many decades, and there have been many reasons for this too. Through this paper, we shall not only make others aware of the process and procedure practiced in casting the lots in elections in democratic Pakistan, but rather we shall also talk about its very basic reasons and suggestions as a solution for this menace to be eliminated.

Keywords: democracy, casting lots, governance, Kohistani region

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