Search results for: legal frame
566 Programmatic Actions of Social Welfare State in Service to Justice: Law, Society and the Third Sector
Authors: Bruno Valverde Chahaira, Matheus Jeronimo Low Lopes, Marta Beatriz Tanaka Ferdinandi
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This paper proposes to dissect the meanings and / or directions of the State, in order, to present the State models to elaborate a conceptual framework about its function in the legal scope. To do so, it points out the possible contracts established between the State and the Society, since the general principles immanent in them can guide the models of society in force. From this orientation arise the contracts, whose purpose is by the effect to modify the status (the being and / or the opinion) of each of the subjects in presence - State and Society. In this logic, this paper announces the fiduciary contracts and “veredicção”(portuguese word) contracts, from the perspective of semiotics discourse (or greimasian). Therefore, studies focus on the issue of manifest language in unilateral and bilateral or reciprocal relations between the State and Society. Thus, under the biases of the model of the communicative situation and discourse, the guidelines of these contractual relations will be analyzed in order to see if there is a pragmatic sanction: positive when the contract is signed between the subjects (reward), or negative when the contract between they are broken (punishment). In this way, a third path emerges which, in this specific case, passes through the subject-third sector. In other words, the proposal, which is systemic in nature, is to analyze whether, since the contract of the welfare state is not carried out in the constitutional program on fundamental rights: education, health, housing, an others. Therefore, in the structure of the exchange demanded by the society according to its contractual obligations (others), the third way (Third Sector) advances in the empty space left by the State. In this line, it presents the modalities of action of the third sector in the social scope. Finally, the normative communication organization of these three subjects is sought in the pragmatic model of discourse, namely: State, Society and Third Sector, in an attempt to understand the constant dynamics in the Law and in the language of the relations established between them.Keywords: access to justice, state, social rights, third sector
Procedia PDF Downloads 145565 Strategic Development of Urban Environmental Management Base on Good Governance - Case study of (Waste Management of Tehran)
Authors: A. Farhad Sadri, B. Ali Farhadi, C. Nasim Shalamzari
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Waste management is a principle of urban and environmental governance. Waste management in Tehran metropolitan requires good strategies for better governance. Using of good urban governance principles together with eight main indexes can be an appropriate base for this aim. One of the reasonable tools in this field is usage of SWOT methods which provides possibility of comparing the opportunities, threats, weaknesses, and strengths by using IFE and EFE matrixes. The results of the above matrixes, respectively 2.533 and 2.403, show that management system of Tehran metropolitan wastes has performed weak regarding to internal factors and has not have good performance regarding using the opportunities and dealing with threats. In this research, prioritizing and describing the real value of each 24 strategies in waste management in Tehran metropolitan have been surveyed considering good governance derived from Quantitative Strategic Planning Management (QSPM) by using Kolomogrof-Smirnoff by 1.549 and significance level of 0.073 in order to define normalization of final values and all of the strategies utilities and Variance Analysis of ANOVA has been calculated for all SWOT strategies. Duncan’s test results regarding four WT, ST, WO, and SO strategies show no significant difference. In addition to mean comparison by Duncan method in this research, LSD (Lowest Significant Difference test) has been used by probability of 5% and finally, 7 strategies and final model of Tehran metropolitan waste management strategy have been defined. Increasing the confidence of people with transparency of budget, developing and improving the legal structure (rule-oriented and law governance, more responsibility about requirements of private sectors, increasing recycling rates and real effective participation of people and NGOs to improve waste management (contribution) and etc, are main available strategies which have been achieved based on good urban governance management principles.Keywords: waste, strategy, environmental management, urban good governance, SWOT
Procedia PDF Downloads 321564 Advancing Spatial Mapping and Monitoring of Illegal Landfills for Deprived Urban Areas in Romania
Authors: ȘercăIanu Mihai, Aldea Mihaela, Iacoboaea Cristina, Luca Oana, Nenciu Ioana
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The emergence and neutralization of illegal waste dumps represent a global concern for waste management ecosystems with a particularly pronounced impact on disadvantaged communities. All over the world, and in this particular case in Romania, a relevant number of people resided in houses lacking any legal forms such as land ownership documents or building permits. These areas are referred to as “informal settlements”. An increasing number of regions and cities in Romania are struggling to manage their waste dumps, especially in the context of increasing poverty and lack of regulation related to informal settlements. An example of such informal settlement can be found at the terminus of Bistra Street in Câlnic, which falls under the jurisdiction of the Municipality of Reșița in Caras Severin County. The article presents a case study that focuses on employing remote sensing techniques and spatial data to monitor and map illegal waste practices, with subsequent integration into a geographic information system tailored for the Reșița community. In addition, the paper outlines the steps involved in devising strategies aimed at enhancing waste management practices in disadvantaged areas, aligning with the shift toward a circular economy. Results presented in the paper contain a spatial mapping and visualization methodology calibrated with in situ data collection applicable for identifying illegal landfills. The emergence and neutralization of illegal dumps pose a challenge in the field of waste management. These approaches, which prove effective where conventional solutions have failed, need to be replicated and adopted more wisely.Keywords: waste dumps, waste management, monitoring, GIS, informal settlements
Procedia PDF Downloads 86563 How Defining the Semi-Professional Journalist Is Creating Nuance and a Familiar Future for Local Journalism
Authors: Ross Hawkes
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The rise of hyperlocal journalism and its role in the wider local news ecosystem has been debated across both industry and academic circles, particularly via the lens of structures, models, and platforms. The nuances within this sphere are now allowing for the semi-professional journalist to emerge as a key component of the landscape at the fringes of journalism. By identifying and framing the labour of these individuals against a backdrop of change within the professional local newspaper publishing industry, it is possible to address wider debates around the ways in which participants enter and exist in the space between amateur and professional journalism. Considerations around prior experience and understanding allow us to better shape and nuance the hyperlocal landscape in order to understand the challenges and opportunities facing local news via this emergent form of semi-professional journalistic production. The disruption to local news posed by the changing nature of audiences, long-established methods of production, the rise of digital platforms, and increased competition in the online space has brought questions around the very nature and identity of local news, as well as the uncertain future and precarity which surrounds it. While the hyperlocal sector has long been associated as a potential future direction for local journalism through an alternative approach to reporting and as a mechanism for participants to pass between amateurism towards professionalism, there is now a semi-professional space being occupied in a different way. Those framed as semi-professional journalists are not necessarily transiting through this space at the fringes of the professional industry; instead, they are occupying and claiming the space as an entity within itself. By framing the semi-professional journalist through a lens of prior experience and knowledge of the sector, it is possible to identify how their motivations vary from the traditional metrics of financial gain, personal progression, or a sense of civic or community duty. While such factors may be by-products of their labour, the desire of such reporters to recreate and retain experiences and values from their past as a participant or consumer is the central basis of the framework to define the semi-professional journalist. Through understanding the motivations, aims and factors shaping the semi-professional journalist within the wider journalism and hyperlocal journalism debates and landscape, it will be possible to better frame the role they can play in sustaining the longer term provision of local news and addressing broader issues and factors within the sector.Keywords: hyperlocal, journalism, local news, semi-professionalism
Procedia PDF Downloads 28562 Hybrid Materials Obtained via Sol-Gel Way, by the Action of Teraethylorthosilicate with 1, 3, 4-Thiadiazole 2,5-Bifunctional Compounds
Authors: Afifa Hafidh, Fathi Touati, Ahmed Hichem Hamzaoui, Sayda Somrani
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The objective of the present study has been to synthesize and to characterize silica hybrid materials using sol-gel technic and to investigate their properties. Silica materials were successfully fabricated using various bi-functional 1,3,4-thiadiazoles and tetraethoxysilane (TEOS) as co-precursors via a facile one-pot sol-gel pathway. TEOS was introduced at room temperature with 1,3,4-thiadiazole 2,5-difunctiunal adducts, in ethanol as solvent and using HCl acid as catalyst. The sol-gel process lead to the formation of monolithic, coloured and transparent gels. TEOS was used as a principal network forming agent. The incorporation of 1,3,4-thiadiazole molecules was realized by attachment of these later onto a silica matrix. This allowed covalent linkage between organic and inorganic phases and lead to the formation of Si-N and Si-S bonds. The prepared hybrid materials were characterized by Fourier transform infrared, NMR ²⁹Si and ¹³C, scanning electron microscopy and nitrogen absorption-desorption measurements. The optic and magnetic properties of hybrids are studied respectively by ultra violet-visible spectroscopy and electron paramagnetic resonance. It was shown in this work, that heterocyclic moieties were successfully attached in the hybrid skeleton. The formation of the Si-network composed of cyclic units (Q3 structures) connected by oxygen bridges (Q4 structures) was proved by ²⁹Si NMR spectroscopy. The Brunauer-Elmet-Teller nitrogen adsorption-desorption method shows that all the prepared xerogels have isotherms type IV and are mesoporous solids. The specific surface area and pore volume of these materials are important. The obtained results show that all materials are paramagnetic semiconductors. The data obtained by Nuclear magnetic resonance ²⁹Si and Fourier transform infrared spectroscopy, show that Si-OH and Si-NH groups existing in silica hybrids can participate in adsorption interactions. The obtained materials containing reactive centers could exhibit adsorption properties of metal ions due to the presence of OH and NH functionality in the mesoporous frame work. Our design of a simple method to prepare hybrid materials may give interest of the development of mesoporous hybrid systems and their use within the domain of environment in the future.Keywords: hybrid materials, sol-gel process, 1, 3, 4-thiadaizole, TEOS
Procedia PDF Downloads 180561 Community Activism for Sustainable Forest Management in Nepal: Lessons fromTarpakha Community Forest Siranchok, Gorkha
Authors: Prem Bahadur Giri, Trilochana Pokhrel
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The nationalization of forest during early 1960s had become a counterproductive for the conservation of forest in Nepal. Realizing this fact, the Government of Nepal initiated a paradigm shift from government-controlled forestry system to people’s direct participation for managing forestry, conceptualizing community forest approach in the early 1980s. The community forestry approach is expected to promote sustainable forest management, restoring degraded forests for enhancing the forest condition on one hand, and on the other, improvement of livelihoods, particularly of low-income people and forest dependent communities, as well as promoting community ownership to forest. As a result, establishment of community forests started and had taken faster momentum in Nepal. Of the total land in Nepal, forest occupies 6.5 million hectares which is around 45 percent of the forest area. Of the total forest area 1.8 million hectarehas been handed-over to community management. A total of 19,361 ‘community forest users groups’ are already created to manage the community forest.Tostreamlinethe governance of community forest, the enactment of ‘Forest Act 1993’ provides a clear legal basis for managing community forest in Nepal. This article is based on an in-depth study taking a case of Tarpakha Community Forest (TCF) located in Siranchok Rural Municipality of Gorkha District in Nepal. It mainly discusses on to extent the TCF able to achieve twin objectives of this community forest for catalyzing socio-economic improvement of the targeted community and conservation of forest. The primary information was generated through in-depth interviews along with group discussion with members, management committee, and other relevant stakeholders. The findings reveal that there is significant improvement of regeneration of forest and also changes in the socio-economic status of local community. However, coordination with local municipality and forest governing entities is still weak.Keywords: community forest, nepal, socio-economic benefit, sustainable forest management
Procedia PDF Downloads 82560 Rights, Differences and Inclusion: The Role of Transdisciplinary Approach in the Education for Diversity
Authors: Ana Campina, Maria Manuela Magalhaes, Eusebio André Machado, Cristina Costa-Lobo
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Inclusive school advocates respect for differences, for equal opportunities and for a quality education for all, including for students with special educational needs. In the pursuit of educational equity, guaranteeing equality in access and results, it becomes the responsibility of the school to recognize students' needs, adapting to the various styles and rhythms of learning, ensuring the adequacy of curricula, strategies and resources, materials and humans. This paper presents a set of theoretical reflections in the disciplinary interface between legal and education sciences, school administration and management, with the aim of understand the real inclusion characteristics in a balance with the inclusion policies and the need(s) of an education for Human Rights, especially for diversity. Considering the actual social complexity but the important education instruments and strategies, mostly patented in the policies, this paper aims expose the existing contexts opposed to the laws, policies and inclusion educational needs. More than a single study, this research aims to develop a map of the reality and the guidelines to implement the action. The results point to the usefulness and pertinence of a school in which educational managers, teachers, parents, and students, are involved in the creation, implementation and monitoring of flexible curricula and adapted to the educational needs of students, promoting a collaborative work among teachers. We are then faced with a scenario that points to the need to reflect on the legislation and curricular management of inclusive classes and to operationalize the processes of elaboration of curricular adaptations and differentiation in the classroom. The transdisciplinary is a pedagogic and social education perfect approach using the Human Rights binomio – teaching and learning – supported by the inclusion laws according to the realistic needs for an effective successful society construction.Keywords: rights, transdisciplinary, inclusion policies, education for diversity
Procedia PDF Downloads 389559 Implementation of Gender Policy in the Georgian National Defence: Key Issues and Challenges
Authors: Vephkhvia Grigalashvili
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The defense of Georgia is every citizen’s duty. The present article reviews the principles and standards of gender policy in the Georgian national defense sector. In addition, it looks at mechanisms for ensuring gender equality, going through the relevant Georgian legislation. Furthermore, this work aims to conduct a comparative analysis of defense models of Georgia, Finland, and the Baltic States in order to identify core institutional challenges. The study produced the following findings:(a) The national defense planning is based on the Total Defense approach, which implies a wide involvement of the country`s population in state defense. (b) This political act does not specify gender equality aspects of the Total Defense strategy; (c) According to the Constitution of Georgia, irrespective of gender factors, every citizen of Georgia is legally obliged to participate in state security activities. However, the state has an authority (power of choice) to decide which gender group (male or/and female citizen) must fulfill above mentioned their constitutional commitment. For instance, completion of compulsory military and reserve military services is a male citizen’s duty, whereas professional military service is equally accessible to both genders. The study concludes that effective implementation of the Total Defense concept largely depends on how Georgia uses its capabilities and human resources. Based on the statistical fact that more than 50% of the country’s population are women, Georgia has to elaborate on relevant institutional mechanisms for implementation of gender equality in the national defense organization. In this regard, it would be advisable: (i) to give the legal opportunity to women to serve in compulsory military service, and (ii) to develop labor reserve service as a part of the anti-crisis management system of Georgia.Keywords: gender in defense organisation, gender mechanisms, gender in defense policy, gender policy
Procedia PDF Downloads 161558 Cloud Computing Impact on e-Government Adoption
Authors: Ali Elshabrawy
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Cloud computing is expected to be important for e Government in near future. Governments need it for solving some of its e Government, financial, infrastructure, legacy systems and integration problems. It reduces information technology (IT) infrastructure needs and support costs, and offers on-demand infrastructure and computational power, improved collaboration capabilities, which are important for e Government projects start up and sustainability. Budget pressures will continue to drive more and more government IT to hybrid and even public clouds, and more cooperation between cloud service providers and governmental agencies are expected, Or developing governmental private, community clouds. Motivation to convince governments to use cloud computing services, will create a pressure on cloud service providers to cope with government's requirements for interoperability, security standards, open data and integration between their cloud systems There will be significant legal action arising out of governmental uses of cloud computing, and legislation addressing both IT and business needs and consumer fears and protections. Cloud computing is a considered a revolution for IT and E business in general and e commerce, e Government in particular. As governments faces increasing challenges regarding IT infrastructure required for e Government projects implementation. As a result of Lack of required financial resources allocated for e Government projects in developed and developing countries. Cloud computing can play a major role to solve some of e Government projects challenges such as, lack of financial resources, IT infrastructure, Human resources trained to manage e Government applications, interoperability, cost efficiency challenges. If we could solve some security issues related to cloud computing usage which considered critical for e Government projects. Pretty sure it’s Just a matter of time before cloud service providers will find out solutions to attract governments as major customers for their business.Keywords: cloud computing, e-government, adoption, supply side barriers, e-government requirements, challenges
Procedia PDF Downloads 346557 Factors Affecting M-Government Deployment and Adoption
Authors: Saif Obaid Alkaabi, Nabil Ayad
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Governments constantly seek to offer faster, more secure, efficient and effective services for their citizens. Recent changes and developments to communication services and technologies, mainly due the Internet, have led to immense improvements in the way governments of advanced countries carry out their interior operations Therefore, advances in e-government services have been broadly adopted and used in various developed countries, as well as being adapted to developing countries. The implementation of advances depends on the utilization of the most innovative structures of data techniques, mainly in web dependent applications, to enhance the main functions of governments. These functions, in turn, have spread to mobile and wireless techniques, generating a new advanced direction called m-government. This paper discusses a selection of available m-government applications and several business modules and frameworks in various fields. Practically, the m-government models, techniques and methods have become the improved version of e-government. M-government offers the potential for applications which will work better, providing citizens with services utilizing mobile communication and data models incorporating several government entities. Developing countries can benefit greatly from this innovation due to the fact that a large percentage of their population is young and can adapt to new technology and to the fact that mobile computing devices are more affordable. The use of models of mobile transactions encourages effective participation through the use of mobile portals by businesses, various organizations, and individual citizens. Although the application of m-government has great potential, it does have major limitations. The limitations include: the implementation of wireless networks and relative communications, the encouragement of mobile diffusion, the administration of complicated tasks concerning the protection of security (including the ability to offer privacy for information), and the management of the legal issues concerning mobile applications and the utilization of services.Keywords: e-government, m-government, system dependability, system security, trust
Procedia PDF Downloads 381556 The Re-Emergence of Slavery in Libya Is a Crime against Humanity That Must Be Eradicated without Delay
Authors: Vincent Jones
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The North African country of Libya is in crisis and is currently a humanitarian disaster. The current American ‘hands off’ foreign policy appear to have contributed to this crisis. The research upon which this paper is based focused on a qualitative analysis of migration to Libya and its history with slavery, current conditions that have contributed to the re-emergence of slavery, an analysis of available resources in the effected region, and an analysis of legal remedies pursuant to international law. In addition, a qualitative analysis of American foreign policy from the Reagan Administration through the current Trump administration has been a focus of analysis. The major findings of this research are: (1) Since the removal of Muammar Gadhafi, a move that the United States played a major role in achieving, the nation of Libya has been in free fall and the rule of law has all but disappeared. As a major port stop for refugees and migrants fleeing atrocities in sub-Saharan African states, Libya has become the gate way to European ports of asylum. The problem is these migrant refugees are unwanted, caught between rival and often ineffective governments, profiteers, and inaction from the international community. (2) The outlook for these refugees is bleak: the ineffective government of Libya is ill-equipped to handle the large influx, European refugee destination states like Italy and Greece are already overburdened by the Syrian refugee crisis and are reluctant to accept more refugees, leaving the powerful and armed Libyan militia in control of a situation that is ripe for exploitation. (3) The combined intervention of the international community, led by a newly committed and engaged American foreign policy. In conclusion, a new American foreign policy approach along with the active engagement of the United Nations, EU, and the African Union can effectively resolve this humanitarian crisis.Keywords: slavery, Libya, migrants, slave auction
Procedia PDF Downloads 234555 Description of a Structural Health Monitoring and Control System Using Open Building Information Modeling
Authors: Wahhaj Ahmed Farooqi, Bilal Ahmad, Sandra Maritza Zambrano Bernal
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In view of structural engineering, monitoring of structural responses over time is of great importance with respect to recent developments of construction technologies. Recently, developments of advanced computing tools have enabled researcher’s better execution of structural health monitoring (SHM) and control systems. In the last decade, building information modeling (BIM) has substantially enhanced the workflow of planning and operating engineering structures. Typically, building information can be stored and exchanged via model files that are based on the Industry Foundation Classes (IFC) standard. In this study a modeling approach for semantic modeling of SHM and control systems is integrated into the BIM methodology using the IFC standard. For validation of the modeling approach, a laboratory test structure, a four-story shear frame structure, is modeled using a conventional BIM software tool. An IFC schema extension is applied to describe information related to monitoring and control of a prototype SHM and control system installed on the laboratory test structure. The SHM and control system is described by a semantic model applying Unified Modeling Language (UML). Subsequently, the semantic model is mapped into the IFC schema. The test structure is composed of four aluminum slabs and plate-to-column connections are fully fixed. In the center of the top story, semi-active tuned liquid column damper (TLCD) is installed. The TLCD is used to reduce effects of structural responses in context of dynamic vibration and displacement. The wireless prototype SHM and control system is composed of wireless sensor nodes. For testing the SHM and control system, acceleration response is automatically recorded by the sensor nodes equipped with accelerometers and analyzed using embedded computing. As a result, SHM and control systems can be described within open BIM, dynamic responses and information of damages can be stored, documented, and exchanged on the formal basis of the IFC standard.Keywords: structural health monitoring, open building information modeling, industry foundation classes, unified modeling language, semi-active tuned liquid column damper, nondestructive testing
Procedia PDF Downloads 151554 CRYPTO COPYCAT: A Fashion Centric Blockchain Framework for Eliminating Fashion Infringement
Authors: Magdi Elmessiry, Adel Elmessiry
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The fashion industry represents a significant portion of the global gross domestic product, however, it is plagued by cheap imitators that infringe on the trademarks which destroys the fashion industry's hard work and investment. While eventually the copycats would be found and stopped, the damage has already been done, sales are missed and direct and indirect jobs are lost. The infringer thrives on two main facts: the time it takes to discover them and the lack of tracking technologies that can help the consumer distinguish them. Blockchain technology is a new emerging technology that provides a distributed encrypted immutable and fault resistant ledger. Blockchain presents a ripe technology to resolve the infringement epidemic facing the fashion industry. The significance of the study is that a new approach leveraging the state of the art blockchain technology coupled with artificial intelligence is used to create a framework addressing the fashion infringement problem. It transforms the current focus on legal enforcement, which is difficult at best, to consumer awareness that is far more effective. The framework, Crypto CopyCat, creates an immutable digital asset representing the actual product to empower the customer with a near real time query system. This combination emphasizes the consumer's awareness and appreciation of the product's authenticity, while provides real time feedback to the producer regarding the fake replicas. The main findings of this study are that implementing this approach can delay the fake product penetration of the original product market, thus allowing the original product the time to take advantage of the market. The shift in the fake adoption results in reduced returns, which impedes the copycat market and moves the emphasis to the original product innovation.Keywords: fashion, infringement, blockchain, artificial intelligence, textiles supply chain
Procedia PDF Downloads 261553 Overview of Environmental and Economic Theories of the Impact of Dams in Different Regions
Authors: Ariadne Katsouras, Andrea Chareunsy
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The number of large hydroelectric dams in the world has increased from almost 6,000 in the 1950s to over 45,000 in 2000. Dams are often built to increase the economic development of a country. This can occur in several ways. Large dams take many years to build so the construction process employs many people for a long time and that increased production and income can flow on into other sectors of the economy. Additionally, the provision of electricity can help raise people’s living standards and if the electricity is sold to another country then the money can be used to provide other public goods for the residents of the country that own the dam. Dams are also built to control flooding and provide irrigation water. Most dams are of these types. This paper will give an overview of the environmental and economic theories of the impact of dams in different regions of the world. There is a difference in the degree of environmental and economic impacts due to the varying climates and varying social and political factors of the regions. Production of greenhouse gases from the dam’s reservoir, for instance, tends to be higher in tropical areas as opposed to Nordic environments. However, there are also common impacts due to construction of the dam itself, such as, flooding of land for the creation of the reservoir and displacement of local populations. Economically, the local population tends to benefit least from the construction of the dam. Additionally, if a foreign company owns the dam or the government subsidises the cost of electricity to businesses, then the funds from electricity production do not benefit the residents of the country the dam is built in. So, in the end, the dams can benefit a country economically, but the varying factors related to its construction and how these are dealt with, determine the level of benefit, if any, of the dam. Some of the theories or practices used to evaluate the potential value of a dam include cost-benefit analysis, environmental impacts assessments and regressions. Systems analysis is also a useful method. While these theories have value, there are also possible shortcomings. Cost-benefit analysis converts all the costs and benefits to dollar values, which can be problematic. Environmental impact assessments, likewise, can be incomplete, especially if the assessment does not include feedback effects, that is, they only consider the initial impact. Finally, regression analysis is dependent on the available data and again would not necessarily include feedbacks. Systems analysis is a method that can allow more complex modelling of the environment and the economic system. It would allow a clearer picture to emerge of the impacts and can include a long time frame.Keywords: comparison, economics, environment, hydroelectric dams
Procedia PDF Downloads 197552 The Role of the Federal Supreme Court in Preventing the Exercise of the Right to Self-Determination
Authors: Shaho Ghafur Ahmed
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The right to self-determination of peoples is a fundamental human right recognized by the principles of international law. It could be embodied in the internal level in the form of federalism. Most federal constitutions prevented the secession of constituent entities, while some remained silent, as the case of Iraq, and rare instances of them recognize it. But, after the failure of federalism, these entities seek to separate whenever the opportunity arises. In several cases, they have resort to peaceful methods in some others they resort to force. The constitutional Supreme Court, which guaranty the unity and integrity of the State, often prevent these attempts. After not a commitment of federalism in Iraq, which has been founded since 2004, the Kurdistan region, as the only federated entity, has conducted a unilateral referendum on 25 September 2017 for its independence. The Iraqi government refused it. The Iraqi Federal Supreme Court, through interpreting the constitutional provisions, decided that this referendum and it’s purposes, which was the independence of the region, was unconstitutional. Subsequently, the Iraqi government used forces and blockaded the region so as to force it to turn off this process. So, in this paper, the right to self-determination of the peoples in federated entities and its obstacles will be discussed through the comparative legal basis and analyzing the decisions of the Federal Constitutional Courts. We will compare the role that the Supreme Court of Canada played regarding the referendum that operated in Quebec in 1995, in which it refused only the unilaterally attempts for the independence of this province. While, in the case of the Kurdistan region, the Iraqi Federal Supreme Court has definitively refused this right. No measures were taken by this Court to protect the region from the Iraqi government reactions. This decision led to the questioning of the neutrality of this Court. So, from the point of view of the Kurdistan region, this Court became a political instrument to prevent it to be independent in the international community, in the absence of a clear constitutional provision, through an abstract and an incomplete interpretation of federal constitutional provisions.Keywords: right of self-determination, federal supreme court, supremacy of federal constitution
Procedia PDF Downloads 167551 A Resource-Based Understanding of Health and Social Care Regulation
Authors: David P. Horton, Gary Lynch-Wood
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Western populations are aging, prone to various lifestyle health problems, and increasing their demand for health and social care services. This demand has created enormous fiscal and regulatory challenges. In response, government institutions have deployed strategies of behavior modification to encourage people to exercise greater personal responsibility over their health and care needs (i.e., welfare responsibilisation). Policy strategies are underpinned by the assumption that people if properly supported, will make better health and lifestyle selections. Not only does this absolve governments of the responsibility for meeting all health and care needs, but it also enables government institutions to assert fiscal control over welfare spending. Looking at the regulation of health and social care in the UK, the authors identify and outline a suite of regulatory tools that are designed to extract and manage the resources of health and social care services users and to encourage them to make (‘better’) use of these resources. This is important for our understanding of how health and social care regulation is responding to ongoing social and economic challenges. It is also important because there has been a failure to systematically examine the relevance of resources for regulation, which is surprising given that resources are crucial to how and whether regulation succeeds or fails. In particular, drawing from the regulatory welfare state concept, the authors analyse the key legal and regulatory changes and mechanisms that have been introduced since the 2008 financial crisis, focusing on critical measures such as the Health and Social Care Act and regulations introduced under the National Health Service Act. The authors show how three types of user resources (i.e., tangible, labor, and data) are being used to assert fiscal control and increase welfare responsibilisation. Amongst other things, the paper concludes that service users have become more than rule followers and targets of behavioral modification; rather, they are producers of resources that regulatory systems have come to rely on.Keywords: health care, regulation, resources, social care
Procedia PDF Downloads 94550 Learners' Attitudes and Expectations towards Digital Learning Paths
Authors: Eirini Busack
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Since the outbreak of the Covid-19 pandemic and the sudden transfer to online teaching, teachers have struggled to reconstruct their teaching and learning materials to adapt them to the new reality of online teaching and learning. Consequently, the pupils’ learning was disrupted during this orientation phase. Due to the above situation, teachers from all fields concluded that it is vital that their pupils should be able to continue their learning even without the teacher being physically present. Various websites and applications have been in use since then in hope that pupils will still enjoy a qualitative education; unfortunately, this was often not the case. To address this issue, it was therefore decided to focus the research on the development of digital learning paths. The fundamentals of these learning paths include the implementation of scenario-based learning (digital storytelling), the integration of media-didactic theory to make it pedagogically appropriate for learners, alongside instructional design knowledge and the drive to promote autonomous learners. This particular research is being conducted within the frame of the research project “Sustainable integration of subject didactic digital teaching-learning concepts” (InDiKo, 2020-2023), which is currently conducted at the University of Education Karlsruhe and investigates how pre-service teachers can acquire the necessary interdisciplinary and subject-specific media-didactic competencies to provide their future learners with digitally enhanced learning opportunities, and how these competencies can be developed continuously and sustainably. As English is one of the subjects involved in this project, the English Department prepared a seminar for the pre-service secondary teachers: “Media-didactic competence development: Developing learning paths & Digital Storytelling for English grammar teaching.” During this seminar, the pre-service teachers plan and design a Moodle-based differentiated lesson sequence on an English grammar topic that is to be tested by secondary school pupils. The focus of the present research is to assess the secondary school pupils’ expectations from an English grammar-focused digital learning path created by pre-service English teachers. The nine digital learning paths that are to be distributed to 25 pupils were produced over the winter and the current summer semester as the artifact of the seminar. Finally, the data to be quantitatively analysed and interpreted derive from the online questionnaires that the secondary school pupils fill in so as to reveal their expectations on what they perceive as a stimulating and thus effective grammar-focused digital learning path.Keywords: digital storytelling, learning paths, media-didactics, autonomous learning
Procedia PDF Downloads 80549 Sociological Analysis on Prisoners; with Special Reference to Prisoners of Death Penalty and Life Imprisonment in Sri Lanka
Authors: Wasantha Subasinghe
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Crimes are one of big social problems in Sri Lanka. Crimes can be seen as simply way as an activity that against for the society or public law. There are offences in minor crimes and grave crimes including murder, rape, trafficking, robbery, excise, narcotic, kidnapping and so on. There are various forms of punishment such as bailing, fining, and prisoning to the death penalty. Death penalty contains the killing of an offender for an offense. There are 23 prison institutions in Sri Lanka including 03 closed prisoners and 20 remand prisons. There are 10 work camps, 02 open prison camps, 01 training school for youthful offenders and 02 correctional centers for youthful offenders. Capital punishment is legal in Sri Lanka as many other countries as India, Japan, Bangladesh, Iran and Iraq so on. When compared unconvicted prisoners from 2006-2010 there is an increase. It was 89190 in 2006 and it was 100191 in 2010. There were 28732 of convicted prisoners and it was 32128 in 2010. There were 165 Death sentences in 2006 and it was 96 in 2010. There are 540 individuals had been sentenced to death. The death penalty has not been implemented in Sri Lanka since 1976. Research problem: What are the feelings of prisoners as waiting for death?’ Objectives of the study were identifying prisoners’ point of view on their punishment and root causes for their offence. Case studies were conducted to identify the research problem and data were collected using formal interviews. Research area was Welikada prison. Stratified sampling method in probability samplings was used. Sample size was 20 cases from death penalty and life in prison prisoners and 20 from other convicted prisoners. Findings revealed causes and feelings them as offenders. They need if death penalty or freedom. Some of them need to convert death sentence to life imprisonment. They are physically and mentally damaged after their imprisonment. Lack of hope and as well as lack of welfare and rehabilitation programs they suffered their lives.Keywords: death penalty, expectations, life imprisonment, rehabilitation
Procedia PDF Downloads 282548 Technological Development of a Biostimulant Bioproduct for Fruit Seedlings: An Engineering Overview
Authors: Andres Diaz Garcia
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The successful technological development of any bioproduct, including those of the biostimulant type, requires to adequately completion of a series of stages allied to different disciplines that are related to microbiological, engineering, pharmaceutical chemistry, legal and market components, among others. Engineering as a discipline has a key contribution in different aspects of fermentation processes such as the design and optimization of culture media, the standardization of operating conditions within the bioreactor and the scaling of the production process of the active ingredient that it will be used in unit operations downstream. However, all aspects mentioned must take into account many biological factors of the microorganism such as the growth rate, the level of assimilation to various organic and inorganic sources and the mechanisms of action associated with its biological activity. This paper focuses on the practical experience within the Colombian Corporation for Agricultural Research (Agrosavia), which led to the development of a biostimulant bioproduct based on native rhizobacteria Bacillus amyloliquefaciens, oriented mainly to plant growth promotion in cape gooseberry nurseries and fruit crops in Colombia, and the challenges that were overcome from the expertise in the area of engineering. Through the application of strategies and engineering tools, a culture medium was optimized to obtain concentrations higher than 1E09 CFU (colony form units)/ml in liquid fermentation, the process of biomass production was standardized and a scale-up strategy was generated based on geometric (H/D of bioreactor relationships), and operational criteria based on a minimum dissolved oxygen concentration and that took into account the differences in the capacity of control of the process in the laboratory and pilot scales. Currently, the bioproduct obtained through this technological process is in stages of registration in Colombia for cape gooseberry fruits for export.Keywords: biochemical engineering, liquid fermentation, plant growth promoting, scale-up process
Procedia PDF Downloads 112547 Traditional Mechanisms of Conflict Resolution in Africa: A Pathway to Sustainable Peace in Nigeria
Authors: Ejovi Eghwubare Augustine
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This study delved into the traditional mechanisms of conflict resolution in Africa, a pathway to sustainable peace in Nigeria. It deployed the quantitative and qualitative methods of data collection and content analysis. The work adopted the Peace Process theory propounded by John Darby and Roger Macunity. It ascertained that disputes or disagreements are unarguably and necessarily an inevitable part of human existence, flowing directly from communication, interaction, and relationships which can occur at individual and national levels, even at international levels in view of the current trend of globalization. The alternative Dispute Resolution (ADR) mechanism is a basket of procedures outside the traditional process of litigation or strict determination of legal rights. It may also be elucidated as a range of procedures that serve as generally involve the intercession and assistance of a neutral and impartial third party. The traditional mechanisms of conflict resolution in Africa are alien to the Western world; this paper is of utmost importance to the Western world and also enriched their pool of literature. Nigeria is a country that is dominated by various ethnic groups anchored on diverse cultures, customs, and traditions. It is, therefore, not surprising to see conflicts arise, and despite the various attempts at resolving these conflicts through litigation, they still remained unabated. The paper investigated the lessons learned from Traditional Mechanisms of Conflict resolution; it also interrogated its impact and the way forward. In light of the lessons that were learned and the impact of the traditional mechanisms of conflict resolution, suggestions on how to attain a sustainable, peaceful society were proffered. In conclusion, the study crystallized reforms on the alternative dispute resolution introduced through the traditional mechanism, which includes, amongst others, that constitutional recognition should be given to traditional institutions of conflict resolution to enable quick dispensation of matters.Keywords: traditional, conflict, peace, resolution
Procedia PDF Downloads 72546 The Influence of Nyerere in Integrating Ubuntu Knowledge and Social Work in Tanzania – A Literature Review
Authors: Meinrad Haule Lembuka
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Ubuntu is an African philosophy and model with the meaning of 'humanity to others' or 'care for other’s needs because of the guiding principle of interdependence’ that embraces collective and holistic efforts in development through the human face. The study uses a literature review method reflecting Julius Nyerere’s contributions in realizing Ubuntu and social work practice. Nyerere strived to restore Africa development in the lens of humanism through the values of solidarity, communal participation, compassion, care, justice etc; He later founded developmental social work through Ujamaa model, educational for self reliance and African dignity. Nyerere was against post-colonial syndromes through African socialism that envisioned values and principles of social work to provide social justice, human dignity, social change and social development. Also, he managed to serve the primary mission of the social work profession to enhance human wellbeing and help meet basic human needs of all people, with particular attention to the needs and empowerment of people who are vulnerable, oppressed, and living in poverty with African Ubuntu practice of equal distribution of resources. Nyerere further endorsed social work legal framework that embraced universal human rights: service, equality, social justice, and human dignity, Importance of human relationship, integrity and competence. Nyerere proved that Indigenous model can work with formal system like Social work profession. In 2014 the National Heritage Council of South Africa (NHC) honored him an Award of African Ubuntu champion. Nyerere strongly upheld to be an ambassador of social work through his remarkably contributions in developmental social work (Ujamaa model), social change, human dignity, equality, social unity and social justice in Africa and globe at large.Keywords: ubuntu, Indiginious knowledge, Indiginious social work, ubuntu social work
Procedia PDF Downloads 103545 Prevention of Ragging and Sexual Gender Based Violence (SGBV) in Higher Education Institutions in Sri Lanka
Authors: Anusha Edirisinghe
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Sexual Gender based violence is a most common social phenomenon in higher education institutions. It has become a hidden crime of the Universities. Masculinities norms and attitudes are more influential and serve as key drivers and risk for ragging and SGBV. This research will reveal that in Sri Lankan universities, SGBV takes from the violence and murder of women students, assault and battery coerced sex, sexual harassment including harassment via information technology. This study focus is to prevention of ragging and SGBV in University system. Main objective of this paper describes and critically analyses of plight of ragging and SGBV in higher education institutions and legal and national level policy implementation to prevent these crimes in society. This paper is with special reference to ragging case from University of Kelaniya 2016. University Grant commission introduced an Act for the prevention of Ragging and gender standing committee established in Sri Lanka in 2016. And each university has been involved in the prevention of SGBV and ragging in higher education institutions. Case study from first year female student, reported sexual harassment was reported to the police station in May in 2016. After this case, the university has been implementing emergency action plan, short term and long term action plan. Ragging and SGBV task force was established and online complaint center opened to all students and academic and non- academics. Under these circumstances student complained to SGBV and other harassment to the university. University security system was strong support with police and marshals, and vigilant committees including lecturers. After this case all universities start to several programmes to stop violence in universityKeywords: higher Education, ragging, sexual gender-based violence, Sri Lanka
Procedia PDF Downloads 380544 The Work Conditions of Women Refugees: The Case of Syrian Refugees in Lebanon
Authors: Saja Al Zoubi, Humam Wardeh
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This study aims to shed light on the work conditions of female refugees and the most important constraints and challenges preventing them from accessing good earning work. The study was conducted in the Syrian refugee camps in Bekaa province, Lebanon, with a field survey carried out between 2016-2017 through face-to-face interviews of 69 female refugee workers, in addition to 4 focus groups. The results show that 97% of the Syrian female refugees are agricultural workers, they form more than 53% of the agricultural labor work among the refugees. Women predominantly perform all agricultural activities (Planting, weeding, fertilization, irrigation, compacting, cutting, sorting, packaging), except the carriage of heavy objects and sometimes irrigation are exclusive for men. The female child labor is 66% of the child labor. To maintain the livelihoods of their families, women accept to be paid for 4-8 $/day with gender gap around 6 $/day. Women’s acceptance of these low wages is one of the main reasons for landowners’ preference of hiring women under bad work conditions. The less educated and skilled (40% of the women are illiterate, and 2% have some skills) women are more likely to be limited to farm work. In addition, there are other reasons as traditions, labor market demand and other challenges related to security and legal issues. This study finds that enhancing the women capacities (for both refugees and host community) through vocational training and cooperative micro enterprises matched with income generating activities and opening new market channels for local manufactured products can play important role to improve the work skills and conditions, and that can improve the livelihood of their families. The study also recommends to adopt a strategy by all humanitarian agencies to make the aid on educating children condition.Keywords: agricultural work conditions, gender wage gap, women refugees, work constraints
Procedia PDF Downloads 132543 Designing and Formulating Action Plan for Development of Corporate Citizenship in Producing Units in Iran
Authors: Freyedon Ahmadi
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Corporate citizenship is considered as one of the most discussed topics in the developed countries, in which a citizen considers a Corporate just like a usual citizen with every civil right as respectful for corporate as for actual citizens, and in return citizens expect that corporate would pay a reciprocal respect to them. The current study’s purpose is to identify the impact of the current state of corporate citizenship along effective factors on its condition on industrial producing units, in order to find an accession plane for corporate citizenship development. In this study corporate citizenship is studied in four dimensions like legal corporate, economical corporate, ethical corporate and voluntary corporate. Moreover, effective factors’ impact on corporate citizenship is explored based on threefold dimensional model: behavioral, structural, and content factors, as well. In this study, 50 corporate of Food industry and of petrochemical industry, along with 200 selected individuals from directors’ board on Tehran province’s scale with stratified random sampling method, are chosen as actuarial sample. If based on functional goal and compilation methods, the present study is a description of correlation type; questionnaire is used for accumulation of initial Data. For Instrument Validity expert’s opinion is used and structural equations and its reliability is qualified by using Cronbach Alpha. The results of this study indicate that close to 70 percent of under survey corporate have not a good condition in corporate citizenship. And all of structural factors, behavioral factors, contextual factors, have a great deal of impression and impact on the advent corporate citizenship behavior in the producing Units. Among the behavioral factors, social responsibility; among structural factors, organic structure and human centered orientation, medium size, high organizational capacity; and among the contextual factors, the clientele’s positive viewpoints toward corporate had the utmost importance in impression on under survey Producing units.Keywords: corporate citizenship, structural factors, behavioral factors, contextual factors, producing units
Procedia PDF Downloads 230542 Research and Implementation of Cross-domain Data Sharing System in Net-centric Environment
Authors: Xiaoqing Wang, Jianjian Zong, Li Li, Yanxing Zheng, Jinrong Tong, Mao Zhan
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With the rapid development of network and communication technology, a great deal of data has been generated in different domains of a network. These data show a trend of increasing scale and more complex structure. Therefore, an effective and flexible cross-domain data-sharing system is needed. The Cross-domain Data Sharing System(CDSS) in a net-centric environment is composed of three sub-systems. The data distribution sub-system provides data exchange service through publish-subscribe technology that supports asynchronism and multi-to-multi communication, which adapts to the needs of the dynamic and large-scale distributed computing environment. The access control sub-system adopts Attribute-Based Access Control(ABAC) technology to uniformly model various data attributes such as subject, object, permission and environment, which effectively monitors the activities of users accessing resources and ensures that legitimate users get effective access control rights within a legal time. The cross-domain access security negotiation subsystem automatically determines the access rights between different security domains in the process of interactive disclosure of digital certificates and access control policies through trust policy management and negotiation algorithms, which provides an effective means for cross-domain trust relationship establishment and access control in a distributed environment. The CDSS’s asynchronous,multi-to-multi and loosely-coupled communication features can adapt well to data exchange and sharing in dynamic, distributed and large-scale network environments. Next, we will give CDSS new features to support the mobile computing environment.Keywords: data sharing, cross-domain, data exchange, publish-subscribe
Procedia PDF Downloads 124541 Disentangling an Ethnographic Study of the Imagined Inca: How the Yale-Peruvian Expedition of 1911 Created an Inca Heritage
Authors: Charlotte Williams
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Yale University Professor Hiram Bingham’s discovery of Machu Picchu in 1911 spurred an international interest in the Inca Empire, and with it, a dispute with the Peruvian government over who had rightful jurisdiction and curatorship over Inca history. By 2011, the Peruvian government initiated a legal battle for the return of artifacts that Bingham had removed from Machu Picchu, successfully returning them not to the site of Machu Picchu, but to Cusco, employing the rationale that the ancient Inca capital housed descendants of the Inca empire. This conflation of the past and present can be traced to a largely unanalyzed study that accompanied Bingham’s expedition: an ethnographic analysis of Inca descendants, which at the time portrayed indigenous Peruvian Andean peoples as remnants of a lost civilization, using Cusco as an assumed repository for people with 'Inca' characteristics. This study draws from the original Yale Peruvian Expedition archives, the Cusco Library archives, and in-depth interviews with curators of the Inca Museum and Machu Picchu Museum to analyze both the political conflict that emerged as a reaction to the ethnographic study, and how the study articulated with an inflating tourism market attempting to define what it meant to be Inca to an international public. The construction of the modern Inca as both directors of tourism management and purveyors of their archaeological material culture points to a unique case in which modern Peruvian citizens could claim heritage to an Inca past despite a lack of recognition as a legally defined group. The result has far-reaching implications, since Bingham’s artifacts returned not necessarily to a traditional nation-state, but to an imagined one, broadening the conditions under which informal repatriations can occur.Keywords: archaeology of memory, imagined communities, Incanismo, repatriation
Procedia PDF Downloads 168540 Building a Comprehensive Repository for Montreal Gamelan Archives
Authors: Laurent Bellemare
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After the showcase of traditional Indonesian performing arts at the Vancouver Expo 1986, Canadian universities inherited sets of Indonesian gamelan orchestras and soon began offering courses for music students interested in learning these diverse traditions. Among them, Université de Montréal was offered two sets of Balinese orchestras, a novelty that allowed a community of Montreal gamelan enthusiasts to form and engage with this music. A few generations later, a large body of archives have amassed, framing the history of this niche community’s achievements. This data, scattered in public and private archive collections, comes in various formats: Digital Audio Tape, audio cassettes, Video Home System videotape, digital files, photos, reel-to-reel audiotape, posters, concert programs, letters, TV shows, reports and more. Attempting to study these documents in order to unearth a chronology of gamelan in Montreal has proven to be challenging since no suitable platform for preservation, storage, and research currently exists. These files are, therefore, hard to find due to their decentralized locations. Additionally, most of the documents in older formats have yet to be digitized. In the case of recent digital files, such as pictures or rehearsal recordings, their locations can be even messier and their quantity overwhelming. Aside from the basic issue of choosing a suitable repository platform, questions of legal rights and methodology arise. For posterity, these documents should nonetheless be digitized, organized, and stored in an easily accessible online repository. This paper aims to underline the various challenges encountered in the early stages of such a project as well as to suggest ways of overcoming the obstacles to a thorough archival investigation.Keywords: archival work, archives, Balinese gamelan, Canada, Gamelan, Indonesia, Javanese gamelan, Montreal
Procedia PDF Downloads 119539 A Family Development Approach to Understanding the Transfer of Family Business Ownership
Authors: Susan Lanz, Gary T. Burke, Omid Omidvar
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The intention to transfer ownership control across family generations is acknowledged to be central to developing a theoretical understanding of how family businesses differ and are distinct as a business group. However, in practice, most business-owning families face challenges to transfer their business ownership from one family generation to the next. To date, researchers have paid little attention to how and when ownership is passed across family generations and what the dynamics of such transitions are. This is primarily due to the prevailing assumption that ownership transfer is an unimportant and legalistic issue that occurs within a wider family management succession process. Yet, the limited evidence available suggests that family ownership transfer occurs inside and outside of the management succession process and is a difficult process for business-owning families to navigate. As a result, many otherwise viable family businesses are closing, leading to unnecessary loss of jobs and knowledge. This qualitative paper examines how family members understand and navigate the ownership transfer process. This study uses an inductive qualitative research design, conducted through in-depth interviews within eight business-owning families. It draws on family development theory and shows how a wide range of family-related events and dynamics outside of family business involvement underlie and shape the ownership transfer process. The findings extend the theory on how these events trigger ownership transfer and how they shape the ownership meanings held within business-owning families. This study found that ownership transfer meanings extend beyond that of transferring the legal control and financial appropriation rights of shareholders. The study concludes there are three different stages in the process of ownership transfer -symbolic, re-balancing, and protectionist. Each stage creates distinct family social constructions of the rights of family members to hold business ownership, and each stage occurs within a specific family development phase.Keywords: business-owning family, family development theory, ownership transfer, process
Procedia PDF Downloads 154538 Exchanges between Literature and Cinema: Scripted Writing in the Novel "Miguel e os Demônios", by Lourenço Mutarelli
Authors: Marilia Correa Parecis De Oliveira
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This research looks at the novel Miguel e os demônios (2009), by the contemporary Brazilian author Lourenço Mutarelli. In it, the presence of film language resources is remarkable, creating thus a kind of scripted writing. We intend to analyze the presence of film language in work under study, in which there is a mixture of the characteristics of the novel and screenplay genres, trying to explore which aesthetic and meaning effects of the ownership of a visual language for the creation of a literary text create in the novel. The objective of this research is to identify and analyze the formal and thematic aspects that characterize the hybridity of literature and film in the novel by Lourenço Mutarelli. The method employed comprises reading and production cataloging of theoretical and critical texts, literary and film theory, historical review about the author, and also the realization of an analytical and interpretative reading of novel. In Miguel e os demônios there is a range of formal and thematic elements of popular narrative genres such as the detective story and action film, with a predominance of verb forms in the present and NPs - features that tend to make present the narrated scenes, as in the cinema. The novel, in this sense, is located in an intermediate position between the literary text and the pre-film text, as though filled with proper elements of the language of film, you can not fit it categorically in the genre script, since it does not reduce the script because aspires to be read as a novel. Therefore, the difficulty of fitting the work in a single gender also refused to be extra-textual factors - such as your publication as novel - but, rather, by the binary classifications serve solely to imprison the work on a label, which impoverish not only reading the text, as also the possibility of recognizing literature as a constant dialogue space and interaction with other media. We can say, therefore, that frame the work Miguel e os demônios in one of the two genres (novel or screenplay) proves not enough, since the text is revealed a hybrid narrative, consisting in a kind of scripted writing. In this sense, it is like a text that is born in a society saturated by audiovisual in their daily lives in order to be consumed by readers who, in ascending scale, exchange books by visual narratives. However, the novel uses film's resources without giving up its constitution as literature; on the contrary, it enriches the visual and linguistically, dialoguing with the complex contemporary horizon marked by the cultural industry.Keywords: Brazilian literature, cinema, Lourenço Mutarelli, screenplay
Procedia PDF Downloads 311537 The Legal Effects of Coronavirus (COVID-19) on the Implementation of Administrative Contracts in Saudi Arabia: Application of Emergency Circumstances Theory
Authors: Ali Obaid Alyami
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In Saudi Arabia, the pandemic of Coronavirus (COVID-19) has been affecting administrative contracts in many different ways. Lots of planned projects were stopped temporarily or implemented partially. Many contractors have suffered financial struggles and the absence of manpower. These administrative contracts are governed by Government Tenders and Procurement Law (GTPL) which was issued by a royal decree in 2019. This law addresses some challenges that could be stumbling blocks in the way of implementing a contract. One significant challenge is emergency circumstances that occur during the implementation of an administrative contract. The law provides some solutions for this disruption, but these solutions may not compensate for the whole damages that contractors suffer. This study will use the doctrinal methodology to analyze the rules of law and their application to the research problem. Most importantly, the issue that arises in this research is the possibility of governmental entities’ consideration, in administrative contracts, of the pandemic Coronavirus (COVID-19) as an emergency circumstance. This study points out the conditions for applying the theory of emergency circumstances on administrative contracts in addition to the definition of the theory and analyzing its elements. The other significant question is the limits on governmental entities to make a change in an administrative contract to achieve contractual rebalancing. GPTL and its implementing regulation set the conditions and limits of contractual rebalancing. However, this study finds that although GTPL provides rules for contractual rebalancing, there are some other mechanisms that contractors may take to fully compensate for the damages. For instance, when the loss cannot be minimized by GTPL, contractors might file lawsuits before the administrative judiciary. The study concludes that GTPL is a very comprehensive law system that stipulates specific rules for contractual rebalance and treats the emergency circumstances that obstruct the performance of administrative contracts.Keywords: administrative contracts, emergency circumstances, balance of contract, administrative judiciary, government tenders, procurement law
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