Search results for: normative spouses
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 318

Search results for: normative spouses

168 Increasing Business Competitiveness in Georgia in Terms of Globalization

Authors: Badri Gechbaia, Levan Gvarishvili

Abstract:

Despite the fact that a lot of Georgian scientists have worked on the issue of the business competitiveness, it think that it is necessary to deepen the works in this sphere, it is necessary also to perfect the methodology in the estimation of the business competitiveness, we have to display the main factors which define the competitive advantages in the business sphere, we have also to establish the interconnections between the business competitiveness level and the quality of states economical involvement in the international economic processes, we have to define the ways to rise the business competitiveness and its role in the upgrading of countries economic development. The introduction part justifies the actuality of the studied topic and the thesis; It defines the survey subject, the object, and the goals with relevant objectives; theoretical-methodological and informational-statistical base for the survey; what is new in the survey and what the value for its theoretical and practical application is. The aforementioned study is an effort to raise public awareness on this issue. Analysis of the fundamental conditions for the efficient functioning of business in Georgia, identification of reserves for increasing its efficiency based on the assessment of the strengths and weaknesses of the business sector. Methods of system analysis, abstract-logic, induction and deduction, synthesis and generalization, and positive, normative, and comparative analysis are used in the research process. Specific regularities of the impact of the globalization process on the determinants of business competitiveness are established. The reasons for business competitiveness in Georgia have been identified

Keywords: competitiveness, methodology, georgian, economic

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167 Adolescent Gamers: The Relationship between Berzonsky’s Style of Identity and Immersion: Pilot Study

Authors: Monika Paleczna, Barbara Szmigielska

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Adolescence is a developmental period, covering the period from 10 to 20 years of age, in which young people face many challenges. One of the most important tasks of the adolescence period is getting a structured identity. The development of identity is possible by undertaking various activities. Nowadays, virtual activities are very common among young people. One of the main adolescents’ activities in the online environment is playing computer games. The main aim of this work is to answer the question about the relationship between the identity style of adolescents and immersion, -a phenomenon often observed while playing computer games. The concept of identity created by Berzonsky is considered as one of the best-defined concepts of identity. He defines identity as both a structure and a process and distinguishes three styles of identity: informational, normative, and diffuse/avoidant. Immersion is a concept that can be applied in a broad context, but in the game environment, it is a specific psychological experience of being involved in a computer game. It refers to the relocation of the attention resources to the game world, with a limited or impossible perception of stimuli from reality. Considering how much time adolescents spend playing computer games, the question about the relationship between their identity and the immersion in the game seems to be extremely interesting. Fifty adolescents aged 15-17 participated in the study. They played a computer game and completed the Identity Style Inventory and the Immersion Questionaire.

Keywords: identity, immersion, computer games, adolescence

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166 Spatial Analysis of the Perception of Family Planning among Teenage Mothers in Nigeria

Authors: Mbuotidem Brendan, Nathanael Afolabi

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Teenage pregnancy is a major health concern because of its association with high morbidity and mortality for both mother and child. In 2013, 23% of women in Nigeria, aged 15 - 19 yr have begun childbearing: 17% have had a child and 5% are pregnant with their first child. Reported differences across locations have been attributed to factors such as educational attainment and exposure to mass media. This study therefore seeks to determine the difference in the level of exposure among teenage mothers and older women of reproductive age in Nigeria. Over 12,000 women of reproductive age (18 – 49 yr) were interviewed across 8 states from the Northern and Southern region of Nigeria. The women were further segregated into two groups of 0 (women aged 18 – 20 yr who had children of their own) and 1 (women of reproductive age excluding teenage mothers). Data was collected via structured questionnaires on mobile devices using the open data kit platform. Initial data formatting and recoding was done using STATA 13 package. Initial analysis was also conducted using SPSS version 21 and the data points were mapped on QuantumGIS package. From the results of analyzed data obtained from the studied states, there were various mean ages of first births across the supported states. Though Akwa Ibom had one of the oldest mean ages (21.2 yr) at first birth and the lowest fertility rate of 3.9 births/woman according to the National Demographic Health Survey 2013, Akwa Ibom had the highest rate of teenage pregnancy (18.2%) across the respondents. Based on education, the respondents that had completed secondary school education (56.9%) made up the greatest cohorts of the teenage parents. This is counter indicative of the initial thinking that there is an inverse relationship between level of education and teenage pregnancy. Akwa Ibom, Bauchi and Delta states are states where respondents felt that contraceptive use is dangerous to health and they were the top 4 states that had a large proportion of teenage mothers. Similarly, across the states examined, all the women of reproductive age felt they could convince their spouses to use contraceptives, as using family planning does not cause women to be promiscuous. This study thus reveals that across the states studied, there was no marked variation in the perception of family planning between teenage parents and women of reproductive age. The study also highlights the need for future planning and exposure to family planning messages at secondary school level.

Keywords: adolescent, family planning, mass media, teenage mothers

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165 Language Rights and the Challenge of National Integration: The Nigerian Experience

Authors: Odewumi Olatunde, Adegun Sunday

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Linguistic diversity is seen to complicate attempts to build a stable and cohesive political community. Hence, the challenge of integration is enormous in a multi-ethno-lingual country like Nigeria. In the same vein, justification for minority language rights claims in relation to broader political theories of justice, freedom and democracy cannot be ignored. It is in the light of the fore-going that this paper explores Nigeria’s experiments at language policy and planning(LPP) and the long drawn agitations for self-determination and linguistic freedom by the minority ethnic groups in the polity which has been exacerbated by the National Policy on Education language provisions. The paper succinctly reviews Nigeria’s LPP efforts and its attendant theater of conflicts; explores international attempts at evolving normative principles of freedom and equality for language policy and finally evaluates the position of the Nigerian LPP in the light of evolving international conventions. On this premise, it is concluded that giving a conscientious and honest implementation of the Nigerian language provisions as assessed from their face validity, the nation’s efforts could be exonerated from running afoul of any known civilized values and best practices. It is, therefore, recommended that an effectual and consistent commitment to implementation driven by a renewed political will is what is required for the nation to succeed in this direction.

Keywords: integration, rights, challenge, conventions, policy

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164 Short-Term Incarceration in South Africa and the Shaping of Legal Consciousness

Authors: Thato Masiangoako

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While being home to one of the greatest constitutions in the world, South Africa is also notorious for brutal policing practices, endemic corruption, and an overstrained criminal justice system. This apparent gap between the normative conceptions of the law and the actual experiences of being subjected to the criminal justice system forms the crux of this study. This study explores how community activists, student activists, and migrants in Johannesburg, who rely on the law for protection and effective political expression and participation and understand the law through their experiences of arrest and short-term incarceration. This work introduces the concept of legal consciousness to the South African context, whilst also drawing very heavily from South African literature of the law and criminal justice system. This research is grounded in the experiences of arrest and pre-trial and immigration detention shared by these individuals, which are used to develop a rich account of legal consciousness in South Africa. It also sheds light on some of the ways in which the criminal justice system sustains its legitimacy within a post-apartheid framework despite the gaps between what the law ought to be and it actually is. The study argues that the ways in which these groups make sense of their experiences of the criminal justice system and the law, more broadly, are closely bound to their socio-political identities. This calls the core values of equality and dignity that undergird South Africa’s Constitution into question.

Keywords: criminal justice, immigrant detention, legal consciousness, remand detention

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163 Necessity of Recognition of Same-Sex Marriages and Civil Partnerships Concluded Abroad from Civil Status Registry Point of View

Authors: Ewa Kamarad

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Recent problems with adopting the EU Regulation on matrimonial property regimes have clearly proven that Member States are unable to agree on the scope of the Regulation and, therefore, on the definitions of matrimonial property and marriage itself. Taking into account that the Regulation on the law applicable to divorce and legal separation, as well as the Regulation on matrimonial property regimes, were adopted in the framework of enhanced cooperation, it is evident that lack of a unified definition of marriage has very wide-ranging consequences. The main problem with the unified definition of marriage is that the EU is not entitled to adopt measures in the domain of material family law, as this area remains under the exclusive competence of the Member States. Because of that, the legislation on marriage in domestic legal orders of the various Member States is very different. These differences concern not only issues such as form of marriage or capacity to enter into marriage, but also the most basic matter, namely the core of the institution of marriage itself. Within the 28 Member States, we have those that allow both different-sex and same-sex marriages, those that have adopted special, separate institutions for same-sex couples, and those that allow only marriage between a man and a woman (e.g. Hungary, Latvia, Lithuania, Poland, Slovakia). Because of the freedom of movement within the European Union, it seems necessary to somehow recognize the civil effects of a marriage that was concluded in another Member State. The most crucial issue is how far that recognition should go. The thesis presented in the presentation is that, at an absolute minimum, the authorities of all Member States must recognize the civil status of the persons who enter into marriage in another Member State. Lack of such recognition might cause serious problems, both for the spouses and for other individuals. The authorities of some Member States may treat the marriage as if it does not exist because it was concluded under foreign law that defines marriage differently. Because of that, it is possible for the spouse to obtain a certificate of civil status stating that he or she is single and thus eligible to enter into marriage – despite being legally married under the law of another Member State. Such certificate can then be used in another country to serve as a proof of civil status. Eventually the lack of recognition can lead to so-called “international bigamy”. The biggest obstacle to recognition of marriages concluded under the law of another Member State that defines marriage differently is the impossibility of transcription of a foreign civil certificate in the case of such a marriage. That is caused by the rule requiring that a civil certificate issued (or transcribed) under one country's law can contain only records of legal institutions recognized by that country's legal order. The presentation is going to provide possible solutions to this problem.

Keywords: civil status, recognition of marriage, conflict of laws, private international law

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162 The Urgency of ASEAN Human Rights Court Establishment to Protect Human Rights in Southeast Asia

Authors: Tareq M. Aziz Elven

Abstract:

The issue of Human Rights enforcement in Southeast Asia has become the serious problem and attract the attention of international community. Principally, Association of Southeast Asian Nations (ASEAN) has mentioned the Human Rights as one of the focus and be a part of the ASEAN Charter in 2008. It was followed by the establishment of ASEAN Inter-Governmental Commission on Human Rights (AICHR). AICHR is the commission of Human Rights enforcement in Southeast Asia which has a duty, function, and an authority to conduct dissemination and protection of Human Rights. In the end of 2016, however, the function of protection mandated to AICHR have not achieved yet. It can be proved by several cases of Human Rights violation which still exist and have not settled yet. One of case which attracts the public attention recently is human rights violation towards Rohingya in Myanmar. Using the juridical-normative method, the research aims to examine the urgency of Human Rights court establishment in Southeast Asia region which able to issue the decision that binds the ASEAN members or the violating parties. The data shows that ASEAN needs to establish a regional court which intended to settle the Human Rights violations in ASEAN region. Furthermore, the research also highlights three strong factors should be settled by ASEAN for establishing human rights court i.e. the significant distinction of democracy and human rights development among the members, the strong implementation of non-intervention principle, and the financial matter to sustain the court.

Keywords: AICHR, ASEAN, human rights, human rights court

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161 Steps towards the Development of National Health Data Standards in Developing Countries

Authors: Abdullah I. Alkraiji, Thomas W. Jackson, Ian Murray

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The proliferation of health data standards today is somewhat overlapping and conflicting, resulting in market confusion and leading to increasing proprietary interests. The government role and support in standardization for health data are thought to be crucial in order to establish credible standards for the next decade, to maximize interoperability across the health sector, and to decrease the risks associated with the implementation of non-standard systems. The normative literature missed out the exploration of the different steps required to be undertaken by the government towards the development of national health data standards. Based on the lessons learned from a qualitative study investigating the different issues to the adoption of health data standards in the major tertiary hospitals in Saudi Arabia and the opinions and feedback from different experts in the areas of data exchange and standards and medical informatics in Saudi Arabia and UK, a list of steps required towards the development of national health data standards was constructed. Main steps are the existence of: a national formal reference for health data standards, an agreed national strategic direction for medical data exchange, a national medical information management plan and a national accreditation body, and more important is the change management at the national and organizational level. The outcome of this study can be used by academics and practitioners to develop the planning of health data standards, and in particular those in developing countries.

Keywords: interoperabilty, medical data exchange, health data standards, case study, Saudi Arabia

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160 Merging Appeal to Ignorance, Composition, and Division Argument Schemes with Bayesian Networks

Authors: Kong Ngai Pei

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The argument scheme approach to argumentation has two components. One is to identify the recurrent patterns of inferences used in everyday discourse. The second is to devise critical questions to evaluate the inferences in these patterns. Although this approach is intuitive and contains many insightful ideas, it has been noted to be not free of problems. One is that due to its disavowing the probability calculus, it cannot give the exact strength of an inference. In order to tackle this problem, thereby paving the way to a more complete normative account of argument strength, it has been proposed, the most promising way is to combine the scheme-based approach with Bayesian networks (BNs). This paper pursues this line of thought, attempting to combine three common schemes, Appeal to Ignorance, Composition, and Division, with BNs. In the first part, it is argued that most (if not all) formulations of the critical questions corresponding to these schemes in the current argumentation literature are incomplete and not very informative. To remedy these flaws, more thorough and precise formulations of these questions are provided. In the second part, how to use graphical idioms (e.g. measurement and synthesis idioms) to translate the schemes as well as their corresponding critical questions to graphical structure of BNs, and how to define probability tables of the nodes using functions of various sorts are shown. In the final part, it is argued that many misuses of these schemes, traditionally called fallacies with the same names as the schemes, can indeed be adequately accounted for by the BN models proposed in this paper.

Keywords: appeal to ignorance, argument schemes, Bayesian networks, composition, division

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159 An Exploratory Case Study on Patient Transference and Cultural Sensitivity in the Context of Jinn Perception

Authors: Mehravar Javid, Rohma Hassan

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Understanding a patient’s hallucinations requires a degree of cultural humility when these experiences are consistent with beliefs that are normative to the patient’s respective culture and religion, and in this exploratory case study, the treatment history of a 32-year-old female Iranian patient who sought psychoanalytic treatment in Iran is explored, who stated that she had been witnessing jinn since she was fifteen-years-old. She experienced considerable disempowerment and lack of support in her upbringing and curiously believes that the jinn provide her with comfort and power, yet simultaneously create a sense of fear and horror. When her analyst wonders about a possible link between the jinn and the patient’s self-object needs and what was denied for her in her youth, the patient becomes resistant to treatment, especially when the possibility of the jinn existing as hallucinations is raised. Throughout the course of therapy, the patient discusses her tumultuous marriage, her strained relationship with her family, and inner conflicts. She also begins to find solace in her relationship with her therapist, satisfying her self-object needs and enabling her to widen her self-awareness and wish for deeper connections with others. In understanding her needs and fears, the role of the jinn in her psychological landscape aims to be understood, with a larger discussion of how to work with patients experiencing supernatural phenomena and how the phenomena serve as an object, whether real or imaginary. The overall aim is to shed light on the intricate interplay between cultural and religious beliefs and psychological manifestations.

Keywords: cultural considerations, jinn, projective identification, self-object needs, transference

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158 Organizational Decision to Adopt Digital Forensics: An Empirical Investigation in the Case of Malaysian Law Enforcement Agencies

Authors: Siti N. I. Mat Kamal, Othman Ibrahim, Mehrbakhsh Nilashi, Jafalizan M. Jali

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The use of digital forensics (DF) is nowadays essential for law enforcement agencies to identify analysis and interpret the digital information derived from digital sources. In Malaysia, the engagement of Malaysian Law Enforcement Agencies (MLEA) with this new technology is not evenly distributed. To investigate the factors influencing the adoption of DF in Malaysia law enforcement agencies’ operational environment, this study proposed the initial theoretical framework based on the integration of technology organization environment (TOE), institutional theory, and human organization technology (HOT) fit model. A questionnaire survey was conducted on selected law enforcement agencies in Malaysia to verify the validity of the initial integrated framework. Relative advantage, compatibility, coercive pressure, normative pressure, vendor support and perceived technical competence of technical staff were found as the influential factors on digital forensics adoption. In addition to the only moderator of this study (agency size), any significant moderating effect on the perceived technical competence and the decision to adopt digital forensics by Malaysian law enforcement agencies was found insignificant. Thus, these results indicated that the developed integrated framework provides an effective prediction of the digital forensics adoption by Malaysian law enforcement agencies.

Keywords: digital forensics, digital forensics adoption, digital information, law enforcement agency

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157 The Concept of Development: A Normative Restructured Model in the Light of Indian Political Thought and Classical Liberalism

Authors: Sarthak S. Salunke

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Development, as a notion, is seen in perspective of western philosophical conceptions, and the western developed nations have become a yardstick for setting up development goals for developing and underdeveloped nations around the world. This blanket term of development becomes superficial and materialistic in context of the vast geopolitical, territorial, cultural and behavioral diversities existing in countries of the Africa and the Asia, and tends to undermine the atomistic aspect of development. Indian political theories, which are often seen as religious philosophies, have inherent structure of development of human being as an individual and as a part of the society, and, in result, development of the State. These theories, primarily individualistic in nature, have a combination of altruism and rationalism which guides human beings towards constructing a collectively developed and morally sustainable society. This research focuses on the application of this Indian thought in combination of classical liberal thought to tackle the issues of development in diverse societies. The proposed restructured model of development is based on molecular individualism, instead of atomic individual approach of liberalists, which lets development modelers to target meaningful clusters for designating goals for development based on the particular needs based on geopolitical, cultural and ethical requirements, and making it meaningful in conjunction with global development to establish a harmony between western and eastern worlds.

Keywords: Indian political thought, development, liberalism, molecular individualism

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156 Implementing Text Using Political and Current Issues to Create Choreography: “The Pledge 2.0”

Authors: Muhammad Fairul Azreen bin Mohd Zahid, Melissa Querk, Aimi Nabila bt Anizaim

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For this particular research, the focus is based on the practice as research which will produce a choreography as the outcome. The ideas organically develop as an “epiphany” from the meeting, brainstorming, or situation that revolves around surroundings. In this study, the researchers are approaching the national pillar of Malaysia known as ‘Rukun Negara’ to develop a choreographic idea. The concept theory of Speech Act by J.L Austin is used to compose the choreography alongside with national pillar ‘Rukun Negara’ as a guideline for a contemporary work titled, The Pledge 2.0, besides fostering the spirit of unity. These approaches will offer flexibility in creating a choreography piece. The pledge has crossed the boundaries by using texts and heavy issues in choreography developments. It will emphasize the concept of delivering the speech via verbal and nonverbal body language. Besides using the Theory of Speech Acts, the development process of creating this piece will lay the bare normative structure implicit in performance practice. Converging current issues into the final choreographic piece for this research is vital as this research will explore a few choreography methods from different perspectives. Hence, the audience will be able to see the world of dance that always revolves in line with the diachronic process in many ways. The method used in this research is qualitative, which will be used in finding the movement that fits the given facts.

Keywords: performing arts, speech act, performative, nationalism, choreography, politic in dance

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155 Drop-Out Rate in Leocadio Alejo Entienza High School for SY 2013-2014: Its Causes and Interventions

Authors: Raquel Balon Quintana

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This study aims to help the Students-At-Risk of Dropping Out to finish their studies in their grade/year level category for this school year by finding out students’ behavior in and out the school, community involvement in the learning process and the causes or reasons behind drop-out rate that affect the performance level of the school. This study also looked for the intervention measures to reduce the drop-out rate of the school. The Normative Survey Method of research was used to achieve its purpose and objective of conducting interview with students and their parents, subject teachers, classmates and friends; undertaking observation and monitoring to find out the whereabouts of SARDO’s on and off classes hours; using questionnaires; and conducting home visitation to be able to link the community involvement into dropping-out of student. Results of the study revealed that out of 32 Students-At-Risk of Dropping Out, 50% were over age for high school (16 years old to 21 years old) while the other 50% came from the regular high school students. These 16 students came from the 41 students who dropped-out from their classes last school year. All Students-At-Risk of Dropping-Out are single and seventy-eight percent of them are male. Top five (5) among the factors that affect their school performance were peer pressure, self-drive, malnutrition, family problem/support and truancy. The five (5) least factors that affect their schooling were problems within their community, school-administration factor, harassment, teacher factor and distance from the school.

Keywords: students-at-risk of dropping-out, drop-out rate, Leocadio Alejo Entienza High School, Philippines

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154 The Role and Function of National Land Authority as Mediator in Land Dispute Settlements in Indonesia

Authors: Nia Kurniati, Efa Laela Fakhriah

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The regulation in Indonesia provides space for the land dispute to be settled outside the court by the government through National Land. In this case, the bureaucrat of Badan Pertanahan Nasional (BPN) acts as mediator to reach a fair agreement between the disputing parties. Land dispute is from a party who denies the ownership of the other party of a land and denies legal-technical facts written on land certificate published by BPN. Appointing the bureaucrat of BPN as mediator in dispute settlements may possibly create conflict of interest since the object. It has become a concern since bureaucrat of BPN acts as mediator, he will be bias and partial in assisting the dispute settlement, thus the spirit and purposes of mediation will be hampered. This issue triggers to be thoroughly examined further in a relation with the role and function of BPN as land dispute mediator. The methodology used in this research is a normative-legal one with qualitative-legal analytical method. The object of this research is in the form of random sampling of land dispute cases being occurred in some areas. Several principles in mediation have to be made as the base of the consideration to appoint bureaucrat of BPN as mediator since the mediator is an impartial third party, working with both disputing parties and assisting them to reach a fair resolution written in agreement as a foundation of land dispute settlement. The existence of BPN as mediator in land dispute settlement encounters conflict of interest which uphold legal uncertainty to act objectively.

Keywords: Indonesia, land dispute, mediator, national land authority

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153 New Managerialism and Organizational Commitment: Impact towards Employees' Work Performance in a Malaysian Public University

Authors: Kamarul Fairuz Hassim, Sharifah Fatimah Syed-Ahmad

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New managerialism has become the current trend in managing public sector which emphasizes on efficiency, effectiveness, and accountability. Public universities are not exempted from experiencing this new system. This study tries to explore the direct impact of new managerialism towards work performance of the employees in a public university in Malaysia and the indirect impact through a mediating factor – Organizational Commitment. Feedback were gathered from 204 respondents comprises of academics and non-academics managers in the University of Malaya using a 39 items, self-administered questionnaire. Respondents’ views were asked in the aspects of managerialism level of the university, their organizational commitment, and self-rated work performance level. The findings exhibit that there is a direct impact of new managerialism towards employees’ work performance in a positive way. This is contradicting to the established Hypotheses of this study. Furthermore, there is no significant finding on the role of all three components of organizational commitment – affective, normative, and continuance as the mediating factors in new managerialism approach that gave impact towards work performance. Consequently these insignificant found failed to corroborate the remaining six hypotheses in this study. On another note, findings gathered from this study show some contradiction to the original research conducted earlier by Smeenk et al. in 2009. Therefore, results obtained from this study do contribute to the existing pool of knowledge as previous studies on this topic are scarce especially in the Malaysia’s context.

Keywords: new managerialism, Malaysia public universities, organizational commitment, work performance

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152 Banking Risk Management between the Prudential and the Operational Approaches

Authors: Mustapha Achibane, Imane Allam

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Since the nineties, all Moroccan banking institutions have to respect an arsenal of prudential ratios. The respect of these prudential measures aims to ensure the financial system stability. In order to do so, regulatory authorities tried to reduce the financial and operational risks incurred by the banking entities. Meanwhile, regulatory authorities demanded a balance sheet management work from banks. They also asked them to establish a management control system to manage operational risk, as well as an effort in terms of incurred risk-based commitments. Therefore, the prudential approach has a macroeconomic nature and it is presented as a determinant of the operational, microeconomic approach. This operational approach takes the form of a strategy that each banking entity must develop to manage the different banking risks. This study seeks to analyze the problem of risk management between the prudential and the operational approaches. It was processed through a literature review followed by an analysis of the Moroccan banking sector’s performance. At first, we will reconcile the inductive logic and then, the analytical one. The first approach consists of analyzing the phenomenon from a normative and conceptual perspective, while the second one will consist of considering the Moroccan banking system and analyzing the behavior of Moroccan banking entities in terms of risk management and performance. The results identified a favorable growth in terms of performance, despite the huge provisioning effort made to meet the international standards and the harmonization of the regulations.

Keywords: banking performance, financial intermediation, operational approach, prudential standards, risk management

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151 The Meaning of the Best Interests of the Child in Indonesia’s Rampant Phenomenon of Child Marriage

Authors: Elisabeth Sundari, Anny Retnowati

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This research aims to examine the meaning of 'the best interests of the child' in Indonesia's rampant phenomenon of child marriage. The methodology used empirical and normative legal research by examining the parent's reason and the judges' considerations in granting child marriage dispensation applications. It takes data samples from judges' decisions purposively in two courts that differ in geographical and religious backgrounds to see data variation. Namely, the District Court and Religious Court of Yogyakarta City, as well as Gunung Kidul Regency, in the last three years (2020-2022). It analyses the data qualitatively to explore how judges interpreted 'the best interests of the child' in their decision. The results show that judges granted 100% of all child marriage dispensation applications filed by parents. The three reasons parents gave for applying for dispensation were that they were ashamed of having a pregnant child without being married, followed religious teachings, and obtained legal status for the baby. The judges supported those reasons by granting the dispensation application. The external factor of the child itself influenced the meaning of 'The best interests of the child' in marrying off children in Indonesia, such as cultural taboos, religious teachings, and obtaining legal status for the baby, rather than internal factors of the child, such as the will to marry, the mental and psychological readiness of the child to become a mother, as well as a wife. This research contributes to the finding that external factors, such as local culture and religion, can influence the meaning of 'the best interests of the child.'

Keywords: interests, child, Indonesia, marriage

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150 The Effect of Technology on Human Rights Rules

Authors: Adel Fathy Sadek Abdalla

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The issue of respect for human rights in Southeast Asia has become a major concern and is attracting the attention of the international community. Basically, the Association of Southeast Asian Nations (ASEAN) made human rights one of its main issues and in the ASEAN Charter in 2008. Subsequently, the Intergovernmental Commission on Human Rights ASEAN Human Rights (AICHR) was established. AICHR is the Southeast Asia Human Rights Enforcement Commission charged with the responsibilities, functions and powers to promote and protect human rights. However, at the end of 2016, the protective function assigned to the AICHR was not yet fulfilled. This is shown by several cases of human rights violations that are still ongoing and have not yet been solved. One case that has recently come to light is human rights violations against the Rohingya people in Myanmar. Using a legal-normative approach, the study examines the urgency of establishing a human rights tribunal in Southeast Asia capable of making a decision binding on ASEAN members or guilty parties. Data shows ASEAN needs regional courts to deal with human rights abuses in the ASEAN region. In addition, the study also highlights three important factors that ASEAN should consider when establishing a human rights tribunal, namely: Volume. a significant difference in terms of democracy and human rights development among the members, a consistent implementation of the principle of non-interference and the financial issue of the continuation of the court.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security.

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149 The Post-Hegemony of Post-Capitalism: Towards a Political Theory of Open Cooperativism

Authors: Vangelis Papadimitropoulos

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The paper is part of the research project “Techno-Social Innovation in the Collaborative Economy'', funded by the Hellenic Foundation of Research and Innovation for the years 2022-2024. The research project examines the normative and empirical conditions of grassroots technologically driven innovation, potentially enabling the transition towards a commons-oriented post-capitalist economy. The project carries out a conceptually led and empirically grounded multi-case study of the digital commons, open-source technologies, platform cooperatives, open cooperatives and Distributed Autonomous Organizations (DAOs) on the Blockchain. The methodological scope of research is interdisciplinary inasmuch as it comprises political theory, economics, sustainability science and computer science, among others. The research draws specifically on Michel Bauwens and Vasilis Kostakis' model of open cooperativism between the commons, ethical market entities and a partner state. Bauwens and Kostakis advocate for a commons-based counter-hegemonic post-capitalist transition beyond and against neoliberalism. The research further employs Laclau and Mouffe's discourse theory of hegemony to introduce a post-hegemonic conceptualization of the model of open cooperativism. Thus, the paper aims to outline the theoretical contribution of the research project to contemporary political theory debates on post-capitalism and the collaborative economy.

Keywords: open cooperativism, techno-social innovation, post-hegemony, post-capitalism

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148 Multi Campus Universities: Exploring Structures and Administrative Relationships:; A Comparative Study of Eight Universities in UK and Five in Pakistan

Authors: Laila Akbarali

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In the small scale study, an attempt is made to explore the structure and administrative relationships adopted by Multi Campus Universities [MCU] in UK and Pakistan and how these universities deal with some selected issues with respect to student related functions. For this study, literature on multi-site, divisionalized and other complex organizations related to business and Industry was consulted and an attempt was made to empirically test the normative models in the literature with respect to centralized , deconcentrated and decentralized structures. A questionnaire was used to gather data for this study. Purposive sampling was used. The findings of this study are somewhat different for UK and Pakistan. Contrary to a substantial body of organization theory, the results show that deconcentrated and decentralized universities in the UK are prone to delays in decision making and tend not to sensitive to local needs. In Pakistan on the other hand, deconcentrated and decentralized universities are more sensitive to local needs and there are less delays in decision making. The findings suggest that distance and reporting relationships could perhaps be responsible for the contradiction. The results also suggest that there is better coordination when the subsidiary campus sub-registrar reports to the registrar. The findings also highlight, that in both contexts, leadership at the campus level remains an issue. The results suggest that there may be factors other than structure that allow universities to keep their identity intact. The study highlights that MCU are inclined to use Information Technology and develop broad policies within which they allow their campuses to operate.

Keywords: administrative relationships, Multi-Campus, organization structure, registrar

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147 The Implementation of Sovereignty over Natural Resources Principle: Case Study Indonesian Forest

Authors: Sri Wartini

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Based on the sovereignty over natural resources principle, the Indonesian government has an authority to exploit the natural resources within a national jurisdiction of Indonesia. The forest is one of the natural resources which is very valuable for Indonesia. It becomes the source of raw material for many industrial activities, such as pharmaceutical industry, pulp industry, and household furniture industry. Hence, it contributes to the economic development of Indonesia. However, the exploitation of the forest may cause negative impacts, such as environmental pollution and environmental degradation. The implementation of the sovereignty over natural resources principle in Indonesia may jeopardize the forest and affect the sustainability of the forest if there is no appropriate policy of the government to exploit the forest in a sustainable manner. The exploitation of the forest in Indonesia, in some extent, has caused serious impact to environment and biodiversity. Hence, in order to sustain and to maintain the forest as the valuable resources to the future generation, the government of Indonesia has already adopted many programmes and action plans. The aim of the research is to undertake a critical examination of the issues relating to the the implementation of sovereignty over natural resources to the exploitation of the forest in Indonesia. It is a normative research and the methodology employed in this research is library research. While the approaches employed in the research are conceptual approach., statutory approach, and comparative approach. The research finds that the implementation of sovereignty over natural resources principle in the exploitation of the forest in Indonesia is limited by other principles of international environmental law, such as sustainable development principle, intergenerational principle and common concern principle which have been adopted in the government policy and various regulations regarding the exploitation of the forest in Indonesia.

Keywords: Environmental damage, negative impacts, pollution, the sovereignty over natural resources

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146 Implementation of Unclos 1982 on Capture Fisheries in the Case of Illegal Fishing in the Waters of Indonesia’s Exclusive Economic Zone

Authors: Habson Batubara, Patawari, Lisa Mery, Mohammad Syaichuddin, Sitti Faridah, Hamzah, Akmal, Abdul Gafur, Iman Sudrajad, Lideman, Yuani Mundaya, Kamaruddin, Muslimin, Herlina Jompa, Joula Sondack, Nani Undap, Suciati, Elisa Winanda, Arfandi Amin, Suciati

Abstract:

This study aims to determine the status of the law, legislation, and its implementation against Foreign Nationals (WNA) Illegal Fishing Business Actors in the waters of the Indonesian Exclusive Economic Zone (EEZ), based on the Indonesian Positive Law and UNCLOS 1982. The research method used is normative juridical with a qualitative approach to study the Fisheries Criminal Verdict (Tipikan) and the Bitung District Court / Fisheries SIPP from 2019 to 2020. The results showed that cases of Illegal Fishing by Foreign Nationals (WNA) in the Indonesian Exclusive Economic Zone (EEZ) were examined, tried, and decided in accordance with the fisheries law, criminal sanctions were not in accordance with and contrary to Indonesian positive law, both criminal law and fisheries law, but followed and were in line with UNCLOS Year 1982. Legal status and responsibility are only imposed on the master as the leader on board the ship as the representative of the ship owner/company. Meanwhile, the application of Indonesia's positive law to Unclos in 1982 was only in the form of fines and confiscation of evidence as an effort to seek compensation for illegal fishing activities in the waters of the Indonesian Exclusive Zone (EEZ).

Keywords: EEZ, illegal fishing, WNA, positive law, Unclos 1982

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145 Investigating the Critical Drivers of Behavior: The Case of Online Taxi Services

Authors: Rosa Hendijani, Mohammadhesam Hajighasemi

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As of late, the sharing economy has become an important type of business model. Online taxi services are one example that has grown rapidly around the world. This study examines the factors influencing the use of online taxis as one form of IT-enabled sharing services based on the theory of planned behavior (TPB). Based on the theory of planned behavior, these factors can be divided into three categories, including the ones related to attitude (e.g., image and perceived usefulness), normative believes (e.g., subjective norms), and behavioral control (e.g., technology facilitating conditions and self-efficacy). Three other factors were also considered based on the literature, including perceived economic benefits, openness towards using shared services, and perceived availability. The effect of all these variables was tested both directly and indirectly through intention as the mediating variable. A survey method was used to test the research hypotheses. In total, 361 individuals partook in the study. The results of a multiple regression analysis on behavior showed that perceived economic benefits, compatibility, and subjective norms were important factors influencing behavior among online taxi users. In addition, intention partially mediated the effect of perceived economic benefits and compatibility on behavior. It can be concluded that perceived economic benefits, compatibility, and subjective norms are the three main factors that influence behavior among online taxi users.

Keywords: collaborative consumption, IT-enabled sharing services model, online taxi, sharing economy, theory of planned behavior

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144 Intertextuality in Choreography: Investigation of Text and Movements in Making Choreography

Authors: Muhammad Fairul Azreen Mohd Zahid

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Speech, text, and movement intensify aspects of creating choreography by connecting with emotional entanglements, tradition, literature, and other texts. This research focuses on the practice as research that will prioritise the choreography process as an inquiry approach. With the driven context, the study intervenes in critical conjunctions of choreographic theory, bringing together new reflections on the moving body, spaces of action, as well as intertextuality between text and movements in making choreography. Throughout the process, the researcher will introduce the level of deliberation from speech through movements and text to express emotion within a narrative context of an “illocutionary act.” This practice as research will produce a different meaning from the “utterance text” to “utterance movements” in the perspective of speech acts theory by J.L Austin based on fragmented text from “pidato adat” which has been used as opening speech in Randai. Looking at the theory of deconstruction by Jacque Derrida also will give a different meaning from the text. Nevertheless, the process of creating the choreography will also help to lay the basic normative structure implicit in “constative” (statement text/movement) and “performative” (command text/movement). Through this process, the researcher will also look at several methods of using text from two works by Joseph Gonzales, “Becoming King-The Pakyung Revisited” and Crystal Pite's “The Statement,” as references to produce different methods in making choreography. The perspective from the semiotic foundation will support how occurrences within dance discourses as texts through a semiotic lens. The method used in this research is qualitative, which includes an interview and simulation of the concept to get an outcome.

Keywords: intertextuality, choreography, speech act, performative, deconstruction

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143 Immigrant Women's Voices and Integrating Feminism into Migration Theory

Authors: Florence Nyemba, Rufaro Chitiyo

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This work features the voices of women as they describe their experiences living in the diaspora either with their families or alone. The contributing authors of this work pursued this project to understand how the women’s personal lives (and those of their families back home) changed (both positively and negatively). The work addressed the following important questions, what is female migration? What are the factors causing women to migrate? What types of migration do women engage in? What is the influence of family relationships on migration? What are the challenges of migration? How do migrant women maintain ties with their home countries? What is the role of social networks in migration? How can feminist theories and methodologies be incorporated in migration studies? Women continue to contribute significantly to mass movements of people across the yet, their voices silent in the literature on migration. History shows that women have always been on the move trying to make a living just like their male counterparts. Whether they migrate as spouses, daughters, or alone, women make up a sizeable portion of migration statistics around the world. These women are migrating independently without the accompaniment of male relatives. This calls for the need to expand research on women as independent migrants without generalizing their experiences as in the case with early studies on international migration. The goal of this work is to offer a rich and detailed description of the lives of immigrant women across the globe using theoretical frameworks that advance gender and migration research. Methodology: This work invited scholars and researchers from across the globe whose research interests were in gender and migration. The work incorporated a variety of methodologies for data collection and analysis, which included oral narratives, interviews, systematic literature reviews and interviews. Conclusion: There is a considerable amount of interest in various topics on gender, violence, and equality throughout social science disciplines in higher education. Therefore, the three major topics covered in this work, Women’s Immigration: Theories and Methodologies, Women as Migrant Workers, and Women as Refugees, Asylees, and Permanent Migrants, can be of interest across social sciences disciplines. Feminist theories can expand the curriculum on identity and gendered roles and norms in societies. Findings of this work advance knowledge of population movements across the globe. This work will also appeal to students and scholars wanting to expand their knowledge on women and migration, migration theories, gender violence, and women empowerment. The topics and issues presented in this work will also assist the international community and lawyers concerned with global migration.

Keywords: gender, feminism, identity formation, international migration

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142 Realising the Socio-Economic Rights of Refugees Under Human Rights Law: A Case Study of South Africa

Authors: Taguekou Kenfack Alexie

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For a long time, refugee protection has constituted one of the main concerns of the international community as a whole and for the South African government in particular.The focus of this paper is on the challenges refugees face in accessing their rights in South Africa. In particular, it analyses the legal framework for the protection of the socio economic rights of refugees under international law, regional and domestic law and the extent to which the rights have been realized. The main hypothesis of the study centered on the fact that the social protection of refugees in South Africa is in conformity with international standards. To test this hypothesis, the qualitative research method was applied. Refugee related legal instruments were analyzed as well as academic publications, organizational reports and internet sources. The data analyzed revealed that there has been enormous progress in meeting international standards in the areas of education, emergency relief and assistance, protection of women and refugee children. The results also indicated that much remain to be desired in such areas as nutrition, shelter, health care, freedom of movement and very importantly, employment and social security. The paper also seeks to address the obstacles which prevent the proper treatment of refugees and to make recommendations as how the South African government can better regulate the treatment of refugees living in its territory.Recommendations include the amendment of the legal instruments that provide the normative framework for protection and improvement of protection policies to reflect the changing dynamics.

Keywords: international community, refugee, socioeconomic rights, social protection

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141 Gaybe-Boom TV: Reading Homonormative Fatherhood on Israeli Television

Authors: Itay Harlap

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Over the past decade, LGBT figures have become increasingly visible on Israeli television in its various channels and genres. In recent years, however, the representation of gays on Israeli television has undergone an interesting shift, whereby many television texts feature gay people as fathers. These texts, mostly news items and documentaries, usually present gay parenthood as a positive phenomenon. The question in paper is whether LGBT parenting (in reality and as representation) fated to be part of the homonormativity that characterizes the LGBT community in Israel, or can it be an alternative to the hegemonic discourse? This paper embraces a dialectical position and explores the tension between mainstream and radical, or homonormativity and queer politics in the specific Israeli Jewish context through a textual and discursive reading of a selection of television programs that revolve principally around gay parenting in Israel. The first part of this lecture addresses the cultural and social context that generated these representations, dealing with three key Israeli areas: The fertility cult, the evolution of the LGBT community, and the evolution of local television. The second part offers a queer reading of these ‘positive’ representations (mainly in special reports on the news and programs labeled as ‘documentaries’ by broadcasters) and highlight the possible price of the ‘bear hug’ given by Israeli media to gay parents. The last part focuses on a single case study, the TV serial drama Ima Veabaz, and suggests that this drama exposes the performative aspect of parenting and the connection between ethnicity and fertility, and offers an alternative to normative displays of gay parenting.

Keywords: fatherhood, heteronormativity, Israel, queer theory, television

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140 Re-Examining Contracts in Managing and Exploiting Strategic National Resources: A Case in Divestation Process in the Share Distribution of Mining Corporation in West Nusa Tenggara, Indonesia

Authors: Hayyan ul Haq, Zainal Asikin

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This work aims to explore the appropriate solution in solving legal problems stemmed from managing and exploiting strategic natural resources in Indonesia. This discussion will be focused on the exploitation of gold mining, i.e. divestation process in the New Mont Corporation, West Nusa Tenggara. These legal problems relate to the deviation of the national budget regulation, UU. No. 19/2012, and the implementation of the divestastion process, which infringes PP. No. 50/2007 concerning the Impelementation Procedure of Regional Cooperation, which is an implementation regulation of UU No. 1/2004 on State’s Treasury. The cooperation model, have been developed by the Provincial Government, failed to create a permanent legal solution through normative approach. It has merely used practical approach that tends (instant solution), by using some loopholes in the divestation process. The above blunders have accumulated by other secondary legal blunders, i.e. good governance principles, particularly justice, transparency, efficiency, effective principles and competitiveness principle. To solve the above problems, this work offers constitutionalisation of contract that aimed at reviewing and coherencing all deviated contracts, rules and policies that have deprived the national and societies’ interest to optimize the strategic natural resources towards the greatest benefit for the greatest number of people..

Keywords: constitutionalisation of contract, strategic national resources, divestation, the greatest benefit for the greatest number of people, Indonesian Pancasila values

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139 Rethinking Gender Roles within the Family: Single Fathers and the Domestic Sphere

Authors: Mohamad Chour

Abstract:

Nowadays, a record number of households are headed by single fathers in most of the European societies. Our research aims to explore how French single fathers experience the domestic sphere, a traditionally feminized field while accomplishing their role of fathers. We adopt a gender role and a parenting role construction theoretical perspectives. Indeed, the interior domestic sphere has been traditionally considered as related to the role of the mother. Moreover, according to the masculine domination theory of Bourdieu, men avoid caregiving and domestic practices that are economically and culturally undervalued. Hence, mothers are considered as more likely to handle the expressive dimension of duties whereas fathers’ role is represented as instrumental, functional and independent. Long interviews have been conducted with twenty French single fathers in order to investigate how the absence of the mother affects the practices of fatherhood. We combined the long interviews with projective techniques method in order to better understand their conception of the family and their family values. Seeking a qualitative diversity, our respondents are from various ages (between 30 and 60); they are coming from different regions in France; living in rural, semi-rural and urban areas. Based on the analysis of 427 pages of data, we identify three main categories of single fathers depending on their strategies to copy and/or delegate the role of the mother. 1) Nurturing fathers completely assume the role of the absent mother as well as her functions. Their discourse is characterized by abnegation and sacrifices reflecting a nurturing role. 2) Juggling fathers are those who take charge of a part of the household duties and delegate the other part to the market or to 'feminine resources' for lacking skills or time. 3) Resistant fathers are the very few respondents who refuse to assume any activities related to the domestic sphere that they perceive as feminine. For lacking competences and even for ideological reasons, they have tendency to delegate all the tasks that were assumed by their ex-spouses. Generally, the majority of fathers seem to experience the domestic sphere differently, and their domestic involvement has been underestimated and even misunderstood. Household duties such as cooking and housekeeping in addition to the nurturing role are experienced by many of the respondents as constructing elements of their fatherhood. Our respondents do not seem to accomplish house holding duties in a functional way. The domestic sphere is managed by those fathers with a strong dimension of abnegation. Thus, our research contributes to illustrating the evolution of gender roles and shows how being simultaneously 'a father and a mother' seems to be an emerging social norm in a French and European cultural context.

Keywords: fathering, gender roles, gender studies, identity construction, single fathers

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