Search results for: Islamic legal texts

Authors: Rodrigo Buaiz Boabaid

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Tokenization of Blue Bonds is an emerging Green Finance tool that has the potential to scale Blue Carbon Projects to fight climate change. This innovative solution has a huge potential to democratize the green finance market and catalyze innovations in the climate change finance sector. Switzerland has emerged as a leader in the Green Finance space and is well-positioned to drive the adoption of Tokenization of Blue & Green Bonds. This unique approach has the potential to unlock new sources of capital and enable global investors to participate in the financing of sustainable blue carbon projects. By leveraging the power of blockchain technology, Tokenization of Blue Bonds can provide greater transparency, efficiency, and security in the investment process, while also reducing transaction costs. Investments are in line with the highest regulations and designed according to the stringent legal framework and compliance standards set by Switzerland. The potential benefits of Tokenization of Blue Bonds are significant and could transform the way that sustainable projects are financed. By unlocking new sources of capital, this approach has the potential to accelerate the deployment of Blue Carbon projects and create new opportunities for investors to participate in the fight against climate change.

Keywords: blue carbon, blue bonds, green finance, Tokenization, blockchain solutions

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Authors: Shagufta Jahangir, Raisa Jahangir, Nadeemullah

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In many societies sports is considered inappropriate for women. It traditionally associated with mascunity. The proposed study aims at undertaking a critical situation analysis of sports women in Pakistan from a gender perspective by examining various aspects of sports women by gender including wrong social values, unstable economical position, wrong religious perspective and the role of media towards women in sports, while sports can provide a channel for informing women about their social and legal rights as well as their health issues, productive health and others. A major concern of the study is to identify the basic causes which depriving Pakistani women from sports. The Human Rights Commission of Pakistan and the Joint Action Committee for People’s Rights organized a symbolic mini marathon on 21 May 2005 in Pakistan to challenge arbitrary curbs on women’s public participation in sport and to highlight rising violence against women. Historically, sport has engaged the perception of gender-hierarchy in order to reproduce the ideology of male superiority, a notion which is often translated into ‘usual superiority’ within the superior communal order. However, it is argued here that we are presently in a state of communal instability with esteem to women's participation in sport.

Keywords: mascunity, gender, productive health, inappropriate, rights

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Authors: A. B. Elistina, S. Norhafifah, R. N. Nashaqilla, M. A. Afida Mastura., O. Mohhidin

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The issue of halal, especially in food products, raises lots of concern among Muslim consumers. Halal is often associated with safe, clean and nutritious food, according to the principle of halal toyyiban. Apart from that, the importance of halal food is not only emphasized by Muslim consumers but also non-Muslims. This is because the halal product is something that has been recognized for its cleanliness and safety. Nevertheless, consumers often face problems to ensure that the products they buy are genuinely halal as they can only rely on the certification of the authorities. However, the issue is the extent to which consumers place trust in the responsible certification authorities to determine the status of halal for a product. Therefore, this paper is intended to identify the relationship between consumer values and trust towards responsible parties such as Department of Islamic Development Malaysia (JAKIM), the Ministry of Health (MOH), foreign halal certification body and producers with consumers’ behavior. Apart from that, this study will also determine the value which consumers hold when choosing halal food and its relationship with consumers’ behavior. The total of 400 respondents who had been selected through stratified random sampling had participated in this study, and the data were collected through a set of self-administered questionnaire. The results showed that trust towards JAKIM is the highest, followed by trust towards MOH, foreign Halal certification agency and lastly the producers. Meanwhile, the values associated with halal foods are the quality, followed by emotional, economic and lastly social values. Results show that all factors can explain 20.3% variance in consumers’ behavior when consuming halal food products and trust towards the producers become the main determinant factor. Therefore, this study is expected to help the certification authorities local or abroad to inculcate trust among consumers as well as assisting food products manufacturers to enhance the halal food industry in Malaysia.

Keywords: behavior, consumers, halal food, trust, value

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Authors: Ikediobi Lottanna Samuel

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Days are gone when perpetrators of core international crimes hide under the cloak of sovereignty to go with impunity. The principle of international criminal responsibility is a reality. This move to end impunity for violation of human rights has led to the creation of international and hybrid tribunals, a permanent international criminal court, and increased prosecution of human rights violations in domestic courts. This article examines the attempts by the international community to bring perpetrators of heinous crimes to book. The work reveals the inadequacy of the current international mechanism for prosecuting core international crimes in order to end the culture of impunity and entrench the culture of accountability. It also identifies that ad hoc international criminal tribunals and the international criminal court face similar challenges ranging from lack of cooperation by nation states, non-existence of hierarchy of crimes, lack of effective enforcement mechanism, limited prosecutorial capacity and agenda, difficulty in apprehending suspects, difficulty in blending different legal tradition, absence of a coherent sentencing guideline, distant location of courts, selective indictment, etc. These challenges adversely affect the functioning of these courts. It is suggested that a more helpful way to end impunity would be to have a more robust and synergistic relationship between national, regional, and international approaches to prosecuting core international crimes.

Keywords: prosecution, criminal, international, tribunal, justice, ad hoc

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Authors: Khaled Nagaty, Heba Nagaty, Gerard McKee

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A signature is a behavioral biometric that is used for authenticating users in most financial and legal transactions. Signatures can be easily forged by skilled forgers. Therefore, it is essential to verify whether a signature is genuine or forged. The aim of any signature verification algorithm is to accommodate the differences between signatures of the same person and increase the ability to discriminate between signatures of different persons. This work presented in this paper proposes an automatic signature verification system to indicate whether a signature is genuine or not. The system comprises four phases: (1) The pre-processing phase in which image scaling, binarization, image rotation, dilation, thinning, and connecting ridge breaks are applied. (2) The feature extraction phase in which global and local features are extracted. The local features are minutiae points, curvature orientation, and curve plateau. The global features are signature area, signature aspect ratio, and Hu moments. (3) The post-processing phase, in which false minutiae are removed. (4) The classification phase in which features are enhanced before feeding it into the classifier. k-nearest neighbors and support vector machines are used. The classifier was trained on a benchmark dataset to compare the performance of the proposed offline signature verification system against the state-of-the-art. The accuracy of the proposed system is 92.3%.

Keywords: signature, ridge breaks, minutiae, orientation

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Authors: Elahe Kamari

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Research on translation process has been conducted for more than 20 years, investigating various issues and using different research methodologies. Most recently, researchers have started to use eye tracking to study translation processes. They believed that the observable, measurable data that can be gained from eye tracking are indicators of unobservable cognitive processes happening in the translators’ mind during translation tasks. The aim of this study was to investigate directionality in translation processes through using eye tracking. The following hypotheses were tested: 1) processing the target text requires more cognitive effort than processing the source text, in both directions of translation; 2) L2 translation tasks on the whole require more cognitive effort than L1 tasks; 3) cognitive resources allocated to the processing of the source text is higher in L1 translation than in L2 translation; 4) cognitive resources allocated to the processing of the target text is higher in L2 translation than in L1 translation; and 5) in both directions non-professional translators invest more cognitive effort in translation tasks than do professional translators. The performance of a group of 30 male professional translators was compared with that of a group of 30 male non-professional translators. All the participants translated two comparable texts one into their L1 (Persian) and the other into their L2 (English). The eye tracker measured gaze time, average fixation duration, total task length and pupil dilation. These variables are assumed to measure the cognitive effort allocated to the translation task. The data derived from eye tracking only confirmed the first hypothesis. This hypothesis was confirmed by all the relevant indicators: gaze time, average fixation duration and pupil dilation. The second hypothesis that L2 translation tasks requires allocation of more cognitive resources than L1 translation tasks has not been confirmed by all four indicators. The third hypothesis that source text processing requires more cognitive resources in L1 translation than in L2 translation and the fourth hypothesis that target text processing requires more cognitive effort in L2 translation than L1 translation were not confirmed. It seems that source text processing in L2 translation can be just as demanding as in L1 translation. The final hypothesis that non-professional translators allocate more cognitive resources for the same translation tasks than do the professionals was partially confirmed. One of the indicators, average fixation duration, indicated higher cognitive effort-related values for professionals.

Keywords: translation processes, eye tracking, cognitive resources, directionality

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Authors: Oyuna Weina

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This study examines how musicians use visual and zoological metaphors for singing technique and voice quality in a genre of traditional music called urtiin duu (‘long song’) in Alshaa, Inner Mongolia, China. Previous studies have discussed melodic contour in Mongol music, but little study of the intersection of singing technique, visual and zoological metaphors has yet been undertaken. The purpose of this study is to address this lack by analysing urtiin duu itself, traditional pedagogy and performances, all of which have been inspired and are assessed by reference to nature and mobile pastoral herding practices. This study investigates the visual and zoological metaphors related to urtiin duu especially colour, the shape of the circle and animals in the Mongol community. Urtiin duu singing is associated with certain colours in song texts, in selection of repertoire and in the status of singers. Musicians also use colour to describe timbre. These colours in turn reference worship of nature, religions, and daily practices of most Mongols in Alshaa. Moreover, voice quality and singing technique are often related to the animals not only in song text but also in the approach to breathing and to melodic contour. Additionally, the concept of boronhoi (‘the shape of circle’), not only is applied to the melodic contour but also to the voice quality and singing technique. These three factors illustrate the connections among nature, spiritual world and everyday herding life of Mongols. These different connections provide evidence of multi-layered meanings. In contemporary Alshaa, urtiin duu singers received Western musical training from the city and returned to their homelands to perform urtiin duu. In doing so, they are also trying to reconnect with the history, nature and spiritual world in order to achieve their ideal sound. Within a multicultural society, singers negotiate amongst themselves, and with ethnic groups, audiences and government officials. The power of the metaphor therefore assists and reconnects the strength of regional identity and ethnic identity in Alshaa.

Keywords: Alshaa, urtiin duu, visual, zoological metaphors

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Authors: Santiago Martínez Hernández

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The establishment of the European Union signified the culmination of the supra-national power addressing economic, political, legal and humanitarian matters within and above a national territory. Human rights have taken a protagonist role as one of the pressing concerns that the EU addresses, and one of the most critical problems is that of human trafficking. This multi-billion dollar criminal business represents $31.6 per year made out of 2.5 million trafficked persons worldwide, making it one of the most crucial human rights problems in the world to address. The EU has developed strategies to tackle this issue through supra-national governance, however, how have they fared? What is the impact of its development on the issue? This paper will address the direct and indirect impact of the formation of the European Union as a supranational political and economic entity on the illicit industry of human trafficking in Europe. It attempts to analyse first, the situation of human trafficking in Europe, as an attempt to understand its importance in the region, addressing its root causes and the role of the states addressed. Second, the paper will examine the impact of the EU on human breaking down its policy-making at a supranational level, the role of the economic integration of the region, and the change of migration patterns since its inception.

Keywords: human trafficking, human rights, European union, criminal business

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Authors: Aurélie Cassiers

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In this presentation, an overview is given of the freedom of states to legislate concerning abortion. Today, access to safe and legal abortion is still a hot topic in many countries in the world. Abortion policies try to strike a balance between women’s rights to self-determination and private life on the one hand, and the protection of the life of unborn children on the other. Each country has different religious, cultural and political views on abortion, and therefore specific legislations. However, citizens may submit a complaint at international courts when they find their national legislation too restrictive. The study is discussed of the development of the ECtHR, UNCHR, and IACHR case law, regarding the question of the ‘right to abort’ and indirectly of the protection of the unborn children. Each relevant case is analyzed to answer the following questions: Is the unborn child protected, and if so, how? Why does the woman want to abort and how is her interest or right protected? How is a fair balance reached between the different interests? Is the state completely free to write policies that restrict abortion? What are the factors to determine the margin of appreciation of the state? In conclusion, does this specific court recognize a right to abort, and if so, under which conditions? To conclude, this presentation shows that each court has its own perspective on and perception of abortion, and its own criteria to determine whether the state is complying with international norms regarding individual liberty and protection of the children.

Keywords: abortion, international courts, unborn children, women rights

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Authors: Dean Sinković, Tea Golja, Morena Paulišić

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Upon the end of the vicious war in former Yugoslavia in 1995, international development community widely promoted microfinance as the key development framework to eradicate poverty, create jobs, increase income. Widespread claims were made that microfinance institutions would play vital role in creating a bedrock for sustainable ‘bottom-up’ economic development trajectory, thus, helping newly formed states to find proper way from economic post-war depression. This uplifting neoliberal narrative has no empirical support in the Republic of Croatia. Firstly, the type of enterprises created via microfinance sector are small, unskilled, labor intensive, no technology and with huge debt burden. This results in extremely high failure rates of microenterprises and poor individuals plunging into even deeper poverty, acute indebtedness and social marginalization. Secondly, evidence shows that microcredit is exact reflection of dangerous and destructive sub-prime lending model with ‘boom-to-bust’ scenarios in which benefits are solely extracted by the tiny financial and political elite working around the microfinance sector. We argue that microcredit providers are not proper financial structures through which developing countries should look way out of underdevelopment and poverty. In order to achieve sustainable long-term growth goals, public policy needs to focus on creating, supporting and facilitating the small and mid-size enterprises development. These enterprises should be technically sophisticated, capable of creating new capabilities and innovations, with managerial expertise (skills formation) and inter-connected with other organizations (i.e. clusters, networks, supply chains, etc.). Evidence from South-East Europe suggest that such structures are not created via microfinance model but can be fostered through various forms of social enterprises. Various legal entities may operate as social enterprises: limited liability private company, limited liability public company, cooperative, associations, foundations, institutions, Mutual Insurances and Credit union. Our main hypothesis is that cooperatives are potential agents of social and economic transformation and community development in the region. Financial cooperatives are structures that can foster more efficient allocation of financial resources involving deeper democratic arrangements and more socially just outcomes. In Croatia, pioneers of the first social enterprises were civil society organizations whilst forming a separated legal entity. (i.e. cooperatives, associations, commercial companies working on the principles of returning the investment to the founder). Ever since 1995 cooperatives in Croatia have not grown by pursuing their own internal growth but mostly by relying on external financial support. The greater part of today’s registered cooperatives tend to be agricultural (39%), followed by war veterans cooperatives (38%) and others. There are no financial cooperatives in Croatia. Due to the above mentioned we look at the historical developments and the prevailing social enterprises forms and discuss their advantages and disadvantages as potential agents for social and economic transformation and community development in the region. There is an evident lack of understanding of this business model and of its potential for social and economic development followed by an unfavorable institutional environment. Thus, we discuss the role of governance and management in the formation of social enterprises in Croatia, stressing the challenges for the governance of the country’s social enterprise movement.

Keywords: financial cooperatives, governance and management models, microfinance institutions, social enterprises

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Authors: Stanislaw Kosmynka

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Although the genesis of the activity of fighting salafist radicalism in Spain dates back to the 80’s, the development of extremism of this kind manifested itself only in the next decade. Its first permanently functioning structures in this country in the second half of 90’s of 20th century came from Algieria and Syria. At the same time it should be emphasized that this distinction is in many dimensions conventional, the more so because they consisted also of immigrants from other coutries of Islam, particularly from Morocco. The paper seeks to understand the radical salafist challenge for Spain in the context of some terrorist networks consisted of immigrants from Morocco. On the eve of the new millennium Moroccan jihadists played an increasingly important role. Although the activity of these groups had for many years mainly logistical and propaganda character, the bomb attack carried out on 11 March 2004 in Madrid constituted an expression of open forms of terrorism, directed against the authorities and society of Spain and reflected the narration of representatives of the trend of the global jihad. The people involved in carrying out that act of violence were to a large extent Moroccan immigrants; also in the following years among the cells of radicals in Spain Moroccans stood out many times. That is why the forms and directions of activity of these extremists in Spain, also after 11th March 2004 and in the actual context of the impact of Islamic State, are worth presenting. The paper is focused on threats to the security of Spain and the region and remains connected with the issues of mutual relations of the society of a host country with immigrant communities which to a large degree come from this part of Maghreb.

Keywords: jihadi terrorism, Morocco, radical salafism, security, Spain, terrorist cells, threat

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Authors: Jordan Daud, Satriya Wibawa, Wahyu Wardhana

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The US Global War on Terror has had effect on Southeast Asia as Second Front of Global War on Terror. Since 2001, ASEAN had adopted legal framework to counter the terrorist threat through numerous approach which accommodate various counterterrorism policy of the ten member states. ASEAN have also enhanced multilateral cooperation with US and its allies in Asia Pacific region in addressing terrorist threat, terrorist funding, cyber terrorism and other forms of terrorism. This cooperation is essential to maintain international security and stability and also assure economic development. This work focuses on the US-ASEAN counterterrorism cooperation due to they identified terrorism as a mutual enemy that posed to human security, infrastructure security, and national security. Having in mind that international terrorism usually connected with Muslim community, this paper will also elaborate the concept of Jihad and Islam revivalism in politics to avoid negative image of Islam and Muslim. This paper argues that as region with large Muslim community, Southeast Asia still need to tighten counter terrorism cooperation and also lessening Muslim stereotypes with terrorism through educating public understanding and inter-faith and intra-faith dialogue to create a better world.

Keywords: ASEAN, U.S., counter terrorism, Muslim stereotypes

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Authors: V. Durmus, M. Uydaci

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In order to prevent overburdened courts, rising costs of litigation, and lengthy trial resolutions, the Law on Mediation for Civil Disputes was enacted, which was aimed at defining the procedure and guiding principles for dispute resolutions under Civil Law, in 2012. This “Mediation Code” also applies for civil healthcare disputes in Turkey. Aside from mediation, reconciliation, governed by Articles 253-255 of Criminal Procedure Law, has emerged as an alternative way to resolve criminal medical disputes, but the difference between mediation and conciliation is mostly procedural. This article deals with mediation in Turkish health law and aspect of medical malpractice mediation in Turkey. In addition, this study examines the issue of mediation in health law from both a legal and normative point of view, including codes of mediation which regulate both the structural and professional practice of mediation providers. As a result, although there is not official record about success rate of medical malpractice litigations and malpractice mediation in Turkey, it is widely accepted that the success rate for medical malpractice cases is relatively low compared to other personal injury cases even if it is generally considered that medical malpractice case filings have gradually increased recently. According to the Justice Ministry’s Department of Mediation in Turkey, 719 civil disputes have referred to mediators since 2013 (when the first mediation law came into force) with a 98% success rate.

Keywords: malpractice mediation, medical disputes, reconciliation, health litigation, Turkish health law

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Authors: Poonam A. Trambadia, Ashish V. Trambadia

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The architecture of sultanate period of Ahmedabad had evolved just before the establishment of Mughal rule in North India. After shifting the capital of the kingdom from Patan to Ahmedabad, when the buildings and structures were being built, an interesting cultural blend happened in architecture. Many sultanate buildings in Ahmedabad historic city have resemblance with Patan including the names. Outer fortification walls and Gates were built during the rule of the third ruler in the late 15th century. All the gates had sandstone slabs supported by three arched entrance in sandstone with wooden shutter. A restoration project of Khanpur Gate was initiated in 2016. The paper identifies some evidences and some hidden layers of structures as important elements of cultural interchange while some were just forgotten in the process. The recycling of pre-existing elements of structures are examined and compared. There were layers uncovered that were hidden behind later repairs using traditional brick arch, which was taken out in the process. As the gate had partially collapsed, the restoration included piece by piece dismantling and restoring in the same sequence wherever required. The recycled materials found in the process were recorded and provided the basis for this study. The gate after this discovery sets a new example of fortification Gate built in Sultanate era. The comparison excludes Maratha and British Period Gates to avoid further confusion and focuses on 15th – 16th century sultanate architecture of Ahmedabad.

Keywords: Ahmedabad World Heritage, fortification, Indo-Islamic style, Sultanate architecture, cultural interchange

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Authors: Burak Unveren, Ecem Uygun, Özdemi̇r Teke

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A large body of literature documents how the Ottoman Empire's economic decline in relation to Western Europe was exacerbated by the unequal legal treatment of its subjects based on creed. Motivated by this debate, we empirically explore whether property taxes collected from businesses in Istanbul discriminated against or favored non-Muslims after the cadastral survey of the capital in 1875. The survey was conducted to determine the property taxes. And the process was potentially susceptible to the biased views of the surveyors who calculated the taxes payable via their subjective appraisals of all real properties. According to our results, in contrast to widely held beliefs regarding 19th-century Istanbul, the number of Muslim shop owners is higher than that of non-Muslims. Moreover, we find evidence for taxes collected from non-Muslim shop and store owners to be higher compared to Muslims, even after controlling for all physical features (e.g., size, location, etc.). These results directly pertain to the fiscal capacity of the Ottoman state and its economic divergence from Europe in the 19th century. Surprisingly, the data also indicates no statistically different tax differentials between male and female property owners.

Keywords: economic history, taxation, small business, discrimination

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Authors: Mohamed Moheyeldin Mahmoud

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Various Islamic, Coptic and Jewish archeological places are located in many Egyptian neighborhoods such as Alsayeda zainab, Aldarb Alahmar, Algammaleya and many other in which they are daily exposed to a great traffic intensity causing vibrations. Vibrations could be stated as one of the most important challenges that face the archeological buildings and threaten their survival. The impact of vibrations varies according to the nature of the soil, nature and building conditions, how far the source of vibration is and the period of exposure. Traffic vibrations could be also stated as one of the most common types of vibrations having the greatest impact on buildings and archaeological installations. These vibrations result from the way that the vehicles act with different types of roads which vary according to the shape, nature, and type of obstacles. Other elements concerning the vehicle itself such as speed, weight, and load have a direct impact on the vibrations resulting from the vehicle movement that couldn't be neglected. The research aims to determine some of the requirements that must be observed when designing the public means of transport operating in the archaeological areas, in order to preserve the archaeological nature of the place. The research concludes that light weight slow motion vehicles should be used (25-50 km/h at maximum) having a multi-leaf steel spring suspension system instead of having an air-bag one should be used in order to reduce generated vibrations that could destroy the archeological buildings. Isolation layers could be used in the engine chamber in order to reduce the resulting noise causing vibrations. Electrically operated engines that use solar photovoltaic cells as a source of electricity could be used instead of gas ones in order to reduce the resulting engine noise.

Keywords: archeological, design, isolation layers, suspension, vibrations

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Authors: Julinda Keçi

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In many countries, governments have been promoting the involvement of private sector entities to enter into long-term agreements for the development and delivery of large infrastructure projects, with a focus on overcoming the limitations upon public fund of the traditional approach. The involvement of private sector through public-private partnerships (PPP) brings in new capital investments, value for money and additional risks to handle. Worldwide research studies have shown that an objective, systematic, reliable and user-oriented risk assessment process and an optimal allocation mechanism among different stakeholders is crucial to the successful completion. In this framework this paper, which is the first stage of a research study, aims to identify the main risks for the delivery of PPP projects. A review of cross-countries research projects and case studies was performed to map the key risks affecting PPP infrastructure delivery. The matrix of mapping offers a summary of the frequency of factors, clustered in eleven categories: Construction, Design, Economic, Legal, Market, Natural, Operation, Political, Project finance, Project selection and Relationship. Results will highlight the most critical risk factors, and will hopefully assist the project managers in directing the managerial attention in the further stages of risk allocation.

Keywords: construction, infrastructure, public private partnerships, risks

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Authors: Sonny Dewi Judiasih

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Every person retains the right to marry and starts a family through a legitimized marriage. Indonesian Marriage Act has regulated the minimum age for boys to marry is 19 while the girls is 16, with an exception that the parents could ask for an exemption to the court or to the authorized official. Despite the age limit is set by the Marriage Act, however, with the influences from adat law and islamic law which allows younger persons to marry, the child marriage phenomenon is inevitable to happen in Indonesia. Child marriages in Indonesia have shown such alarming fact where 4.8 percentage of total marriage number come from persons with the age of 10 to 14 years old. The percentage was the result from a research conducted by the National Population and Family Planning Board (BKKBN). The result shows 41.9 percent of child marriages was contributed by girls who marry in the age of 15 to 19, which mostly comes from villagers. Other fact shows 50 percent of child marriages end in divorce with grounds varied from the mental health of the children, economic situation, and so on. With more children committed early marriages, more babies will be borned from indebted families. Subsequently, the government’s program to alleviate poverty will be short of expectations. Other risk for child marriages includes death of the mother and the child after giving birth. The people have challenged the legality of child marriages through judicial review filed to the Constitutional Court. The Court decided to reinforce the age limitation previously set by the Marriage Act by issuing judicial decision no: 30-74/PUU-Xii/2014. The Court stated that changes to the age limit must be in conform with cultural and traditional situation. Further, it stated child marriages are allowed to be arranged as an “emergency exit” if the parents filed such request to an exemption on the grounds of coercive situation and after the court or the authorized officials issued its approval.

Keywords: child, marriage, court, Indonesia

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Authors: Si On Na

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The development of American radio and print media since World War II has allowed people with disabilities to engage more directly with the public, gradually changing the perception that disabled people constitute a kind of social impairment or burden. People with disabilities have rarely been portrayed as equal to the non-disabled. In the postwar period, a dramatic shift from eugenicist conceptualizations of disability and widespread institutionalization gradually evolved into conditions of greater openness in public discourse. This discourse was marked at mid-century by telethons and news media (both print and television) which sought to commodify people with disabilities for commercial gain through stories that promoted alienating forms of empowerment alternating with paternalistic pity. By comparing studies of the history of American disability advocacy in the twentieth century and the evolution of the image of disability characteristic of mid-century media discourse, this paper will examine the relationship between the passage of the American with Disabilities Act of 1990 (ADA) and the expanded media representation of people with disabilities. This paper will argue that the legal mandate of the ADA ultimately transformed the image of people with disabilities from those who are weak and in need of support to viable consumers, encouraging traditional American print, film, and television media outlets to solicit the agency of people with disabilities in the authentic portrayal of themselves and their disabilities.

Keywords: ADA, disability representation, media portrayal, postwar United States

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Authors: Kyu-Jeoung Lee, Jae-Uk Choo

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This paper focuses on investigating The Strange Case of Dr Jekyll and Mr Hyde from Utterson’s point of view, referring to: Gabriel John Utterson, a central character in the book. Utterson is no different from a forensic investigator, as he tries to collect evidence on the mysterious Mr. Hyde’s relationship to Dr. Jekyll. From Utterson's perspective, Jekyll is the 'victim' of a potential scandal and blackmail, and Hyde is the 'suspect' of a possible 'crime'. Utterson intends to figure out Hyde's identity, connect his motive with his actions, and gather witness accounts. During Utterson’s quest, the outside materials available to him along with the social backgrounds of Hyde and Jekyll will be analyzed. The archives left from Jekyll’s chamber will also play a part providing evidence. Utterson will investigate, based on what he already knows about Jekyll his whole life, and how Jekyll had acted in his eyes until he was gone, and finding out possible explanations for Jekyll's actions. The relationship between Jekyll and Hyde becomes the major question, as the social background offers clues pointing in the direction of illegitimacy and prostitution. There is still a possibility that Jekyll and Hyde were, in fact, completely different people. Utterson received a full statement and confession from Jekyll himself at the end of the story, which gives the reader the possible truth on what happened. Stevenson’s Dr. Jekyll and Mr. Hyde led readers, as it did Utterson, to find the connection between Hyde and Jekyll using methods of history, culture, and science. Utterson's quest to uncover Hyde shows an example of applying the various fields to in his act to see if Hyde's inheritance was legal. All of this taken together could technically be considered forensic investigation.

Keywords: Dr. Jekyll and Mr. Hyde, forensic investigation, illegitimacy, prostitution, Robert Louis Stevenson

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Authors: Hicham Amine, Abdelouahab Mesnaoui

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Electronic data interchange EDI is the computer-to-computer exchange of structured business information. This information typically takes the form of standardized electronic business documents, such as invoices, purchase orders, bills of lading, and so on. The purpose of this study is to identify the impact EDI might have on supply chain and typically on customer satisfaction keeping in mind the constraints the organization might face. This study included 139 subject matter experts (SMEs) who participated by responding to a survey that was distributed. 85% responded that they are extremely for the implementation while 10% were neutral and 5% were against the implementation. From the quality assurance department, we have got 75% from the clients agreed to move on with the change whereas 10% stayed neutral and finally 15% were against the change. From the legal department where 80% of the answers were for the implementation and 10% of the participants stayed neutral whereas the last 10% were against it. The survey consisted of 40% male and 60% female (sex-ratio (F/M=1,5), who had chosen to participate. Our survey also contained 3 categories in terms of technical background where 80% are from technical background and 15% were from nontechnical background and 5% had some average technical background. This study examines the impact of EDI on customer satisfaction which is the primary hypothesis and justifies the importance of the implementation which enhances the customer satisfaction.

Keywords: electronic data interchange, supply chain, subject matter experts, customer satisfaction

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Authors: Yolanda Indah Permatasari, Sudarsono Hardjosoekarto

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Public private partnership (PPP) scheme was considered as an alternative source of funding for infrastructure provision. However, the performance of PPP scheme and interest of private sector to participate in the provision of infrastructure was still practically low. This phenomenon motivates the research to reconstruct the form of collaborative governance at the policy level from the perspective of transaction cost of the PPP scheme. Soft-system methodology (SSM)-based action research was used as this research methodology. The result of this study concludes that the emergence of transaction cost sources at the policy level is caused by the absence of a law that governs infrastructure investment, especially the implementation of PPP scheme. This absence is causing the imbalance in risk allocation and risk mitigation between the public and private sector. Thus, this research recommended the formulation of infrastructure investment law that aims to minimize asymmetry information, to anticipate the principal-principal problems, and to provide legal basis that ensures risk certainty and guarantee fair risk allocation between public and private sector.

Keywords: public governance, public private partnership, soft system methodology, transaction cost

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Authors: Rafał Wonicki

Abstract:

We live in an increasingly unstable world - the 2008 Euro crisis, the 2011-2015 immigration crisis in the EU, the pandemic of COVID-19, China's rivalry with the US, and the war in Ukraine are just some of the phenomena that show that current model of international justice is more and more contested. One of the answers to these challenges - apart from the return to the multipolar world or the growth of populism (Zakaria, Mouffe, etc.) - is the idea of global egalitarianism in the form of cosmopolitan democracy. The work will analyze this project and present the legal and institutional dimensions of the idea of global egalitarianism, which will examine the relationship between the axiological assumptions of this approach and its outcome in the shape of international institutions. In order to examine the project, a historical outline will be presented, which will anchor the idea of cosmopolitan democracy in the background of earlier philosophical ideas about the world state. Next, thanks to this, it will be possible to see to what extent this model is consistent with the postulates of its creators (Archibugi, Held, and others) and to what extent it solves the problems that they diagnose in today's globalized world. At the same time, the inclusion of the model of cosmopolitan democracy in the latest discussion concerning the theoretical and practical advantages and disadvantages of the world state will reveal the axiology behind the idea of state sovereignty and give the audience the possibility to reflect how such philosophical concepts help to better understand contemporary times.

Keywords: cosmopolitan democracy, global egalitarianism, held, Archibugi

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Authors: Linqing Ma, Huiling Feng, Jihong Liang, Yi Qian

Abstract:

In China, some villages have survived in the long history of changes and remain until today with their unique styles and featured culture developed in the past. Those ancient villages, usually aged for hundreds or thousands of years, are the mirror for traditional Chinese culture, especially the farming-studying culture represented by the Confucianism. Gaoqian, an ancient village with a population of 3,000 in Zhejiang province, is such a case. With a history dating back to Yuan Dynasty, Gaoqian Village has 13 well-preserved traditional Chinese houses with a courtyard, which were built in the Ming and Qing Dynasty. It is a fine specimen to study traditional rural China. In China, some villages have survived in the long history of changes and remain until today with their unique styles and featured culture developed in the past. Those ancient villages, usually aged for hundreds or thousands of years, are the mirror for traditional Chinese culture, especially the farming-studying culture represented by the Confucianism. Gaoqian, an ancient village with a population of 3,000 in Zhejiang province, is such a case. With a history dating back to Yuan Dynasty, Gaoqian Village has 13 well-preserved traditional Chinese houses with a courtyard, which were built in the Ming and Qing Dynasty. It is a fine specimen to study traditional rural China. Then a repository for the memory of the Village will be completed by doing arrangement and description for those multimedia resources such as texts, photos, videos and so on. Production of Creative products with digital technologies is also possible based a thorough understanding of the culture feature of Gaoqian Village using research tools for literature and history studies and a method of comparative study. Finally, the project will construct an exhibition platform for the Village and its culture by telling its stories with completed structures and treads.

Keywords: ancient villages, digital exhibition, multimedia, traditional culture

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Authors: C. M. Cebola, V. H. Ferreira

Abstract:

In the past decade mediation has been legally implemented in European legal systems, especially after the publication by the European Union of the Directive 2008/52/EC on certain aspects of mediation in civil and mercantile matters. Developments in international trade and globalization in this new century have led to an increase of the number of litigations, often cross-border, and the courts have failed to respond adequately. We do not advocate that mediation should be promoted as the solution for all justice problems, but as a means with its own specificities that the parties may choose to consider as the best way to resolve their disputes. Thus, the implementation of mediation should be based on the advantages of its application. From the economic point of view, competitive negotiation can generate negative external effects in social terms. A solution reached in a court of law is not always the most efficient one considering all elements of society (economic social benefit). On the other hand, the administration of justice adds in economic terms transaction costs that can be mitigated by the application of other forms of conflict resolution, such as mediation. In this paper, the economic benefits of mediation will be analysed in the light of various studies on the functioning of justice. Several theoretical arguments will be confronted with empirical studies to demonstrate that mediation has significant positive economic effects. The objective is to contribute to the dissemination of mediation between companies and citizens, but also to demonstrate the cost to governments and states of still limited use of mediation, particularly in the current economic crisis and propose actions to develop the application of mediation.

Keywords: economic impact, litigation costs, mediation, solutions

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Authors: Ahmed Farouk Radwan, Sheren Mousa

Abstract:

There are many laws and regulations governing the use of new and social media in the United Arab Emirates. During the past few years, the importance of using these platforms in the fields of media and government communication has increased, as well as at the level of individual use. In 2016, the National Media Council Law was issued to regulate traditional and new media field, and gave the council the power to oversee and undertake the media affairs in the state. NMC is mandated to: Develop the UAE’s media policy, Draft media legislation and ensure its execution and Prohibited media content ,Co-ordinate the media policy between the emirates in line with the UAE’s domestic and foreign policy, Ensure support for the federation and project national unity. All media organizations in the UAE must comply with the regulations and rules issued by council. Social media influencers have to be licensed by NMC if they accept paid ads to be published on their accounts. The study explores other laws concerning of new media and social media regulations and ethics including Combatting Cybercrimes law, Combating Discrimination and Hatred law, The Government Guidelines for social media users in the UAE, The Guidelines for the practices of electronic participation and social networking, Copyright Law, and Child Rights Law. The study clarifies the legal articles, items and standards in all these laws which related with the new media and social platforms and also determines the prohibited digital practices and the cultural norms governing it.

Keywords: media laws, media ethics, new media , UAE

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Authors: Ashfaq M. Naikwadi

Abstract:

Decided cases of medical negligence, mostly are not settled in the lower courts. Majority of them reach up to the apex courts. This is mostly due to different interpretations of the term medical negligence. After studying various cases of medical negligence it is found that in most of the cases the doctors/hospitals are not held liable. There are different interpretations of law concerning medical services. Globally the principles deciding medical negligence are same, viz. Legal duty of care - breach of that duty - direct causation resulting in damages. Since ordinary negligence is not punishable by law, doctors/hospitals have defenses to save themselves from liability. Complaints of negligence come to the courts whose judges mostly are not oriented with medical services or health sciences. Matters of medical negligence are decided on the basic principles of reasonableness and prudence or by relying on the expert’s opinion. Deciding reasonableness or prudence is a complex issue in case of medical services. Again expert opinion is also questionable as an expert in case of medical negligence is appointed from the same field and same faculty. There is a chance of favoritism to the doctor/hospital. The concept of vicarious liability is not widely applied to in many of the medical negligence cases. Established cases used as precedents were studied to understand the basic principles in deciding medical negligence. This paper evaluates the present criteria in interpreting medical negligence and concludes with suggesting reforms required to be made in deciding matters of medical negligence under the consumer laws.

Keywords: consumer, doctors, laws, medical negligence

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Authors: Farida Prihatini

Abstract:

As a largest Muslim country in the world with around 215 Muslim inhabitants, Indonesia interestingly is not an Islamic country. Yet, Indonesia is not a secular country as well. The country has committed to be a unity in diversity country where people from various socio-political background may be coexistent live in this archipelago country. However, many provinces and Muslim groups are disposed of special regulation for Muslim people, namely local ordinances with sharia nuances, applied specifically in provinces, cities or regions where Muslim inhabitants are the majority. For the last two decades, particularly since Indonesia reform movement of 1998, a lot of local ordinances (Peraturan Daerah) with Sharia nuance have been enacted and applied in several provinces, cities and regions in Indonesia. The local ordinances are mostly deal with restriction of alcohol, prohibition of prostitution, Al Qur'an literacy, obligation to wear Muslim attire and zakat or alms management. Some of local ordinances have been warmly welcomed by society, while other ordinances have created tension. Those who oppose the ordinances believe that such things regulated by the ordinances are in violation of human rights and democracy, part of privacy rights of the people and must not be regulated by the State or local government. This paper describes the dynamic of local Ordinances with sharia nuances in Indonesia, in this research is limited to three ordinances: on the restriction of alcohol, prohibition of prostitution and obligation to wear Muslim attire. The researcher employs a normative method by studying secondary data and local ordinances in selected areas in Indonesia. The findings of the paper are that local ordinances with sharia nuances are indeed part of the needs of society, yet, in their implementation must take the pluralism of Indonesia and the state basic foundation, which is Pancasila (five pillars) into account.

Keywords: local, ordinances, sharia, rights

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Authors: Hayle Makda Gebru

Abstract:

Companies are inevitable for society. They are the building blocks of every development in a country aimed at producing continuous goods and services for the people and, in turn, obliged to pay taxes, which enhances the economy of the nation. For the proper functioning of companies, their relationship with their stakeholders must be secure. The major stakeholders are suppliers, consumers, employees, creditors, etc. The law plays an important role in enhancing the relationship between these different stakeholders. If the law fails to keep track of the relationship, both the company and stakeholders remain unprotected. As a result, the potential benefits are prejudiced. This paper makes a comparative analysis of the types and formation of companies under the Transitional Commercial Code of Eritrea and the Company Law of the Peoples Republic of China. In particular, the paper addresses the legal lacuna under the TCrCE on handling the failure of shareholders to pay the promised capital. So, the methodology of the study is entirely analyzing the two countries' laws using practical cases. After analyzing the practical problems on the ground using real cases, this paper calls on Eritrea to update its outdated Commercial Code to give proper protection to the stakeholders.

Keywords: companies, company law of the People's Republic of China, transitional commercial code of Eritrea, protection of stakeholders, failure to pay the promised capital

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Authors: Behnam Habibi Dargah

Abstract:

The economics of cost-benefit theory seeks to monitor claims and determine their final price. The cost of litigation is important because it is a measure of the efficiency of the justice system. From an economic point of view, the cost of litigation is considered to be the point of equilibrium of litigation, whereby litigation is regarded as a high-risk investment and is initiated when the costs are less than the probable and expected benefits. Costs are economically separated into private and social costs. Private cost includes material (direct and indirect) and spiritual costs. The social costs of litigation are also subsidized-centric due to the public and governmental nature of litigation and cover both types of bureaucratic bureaucracy and the costs of judicial misconduct. Macroeconomic policy in the economics of justice is the reverse engineering of controlling the social costs of litigation by employing selective litigation and working on the judicial culture to achieve rationality in the monopoly system. Procedures for controlling and managing court costs are also circumscribed to economic patterns in the field. Rational cost allocation model and cost transfer model. The rational allocation model deals with cost-tolerance systems, and the transfer model also considers three models of transferability, including legal, judicial and contractual transferability, which will be described and explored in the present article in a comparative manner.

Keywords: cost of litigation, economics of litigation, private cost, social cost, cost of litigation

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