Search results for: English civil justice system

Authors: John Kong Shan Ho

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In June 2022, the Law Commission of England and Wales published an options paper to examine how the law on corporate criminal liability can be reformed under the English system. The paper merely details options for reform and does not seek to make recommendations. However, the paper has ruled out the “respondeat superior” approach of the US and “corporate culture” approach of Australia as reform options. On balance, the preferred reform option of the Law Commission is the “senior officer” approach as currently adopted in Canada. This article is written against such background and argues that due to similarities between the English and Canadian systems, the latter’s approach is more ideal to be adopted by the former as a model for reform in this area.

Keywords: corporate criminal liability, identification principle, directing mind and will, England, Canada

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Authors: Eny Syatriana

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English proficiency of Indonesian secondary school students is below standard. The low proficiency may come from poor teaching materials that do not meet the students’ need. The main objective for English teachers is to improve the English proficiency of the students. The purpose of this study is to explore the application Mapping, Practicing, Using (MPU) strategy with Instructional Materials Based on the School Curriculum toward the English achievement of Indonesian EFL Students. This paper is part my dissertation entitles 'Designing instructional materials for secondary school students based on the school curriculum' consisting of need analysis, design, development, implementation, and evaluation; this paper discusses need analysis and creates a model of creating instructional materials through deep discussion among teachers of secondary schools. The subject consisted of six English teachers and students of three classes at three different secondary schools in Makassar, South Sulawesi, Indonesia. Pretest and posttest design were administered to see the effectiveness of the MPU strategy. Questionnaires were administered to see the teachers and students’ perception toward the instructional materials. The result indicates that the MPU strategy is effective in improving the English achievement; instructional materials with different strategies improve the English achievement of the students. Both teachers and students argue that the presented instructional materials are effective to be used in the teaching and learning process to increase the English proficiency of the students.

Keywords: proficiency, development, English for secondary school students, instructional materials

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Authors: Mairo Musa Galadima, Phoebe Mshelia

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In Nigeria, the national policy of education stipulates that the kindergarten-primary schools and the legislature are to use the three popular Nigerian Languages namely: Hausa, Igbo, and Yoruba. However, the English language seems to be preferred and this calls for this paper. Attempts were made to draw out the challenges faced by learners in understanding English speech sounds and using them to communicate effectively in English; using 5 (five) selected secondary school in Bauchi. It was discovered that challenges abound in the wrong use of stress and intonation, transfer of phonetic features from their first language. Others are inadequately qualified teachers and relevant materials including textbooks. It is recommended that teachers of English should lay more emphasis on the teaching of supra-segmental features and should be encouraged to go for further studies, seminars and refresher courses.

Keywords: stress and intonation, phonetic and challenges, teaching and learning English, secondary schools

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Authors: Forbah Julius Ajamah

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The protection of human rights and respect of the rule of law in Sub-Saharan African is a constant challenge due to ongoing and protracted conflict situations, political instability, shrinking democratic space and allegations of large-scale corruption in some countries. Conflict and/or crisis is most often resulting from constant violations of individual rights, with the risk increasing when many human rights are violated in a systematic or widespread fashion. Violations related to economic, social and cultural rights at times are as significant as violations of civil and political rights. Cameroon a country in Sub-Saharan African, for many years now has been confronted by numerous crises across different regions. Despite measures carried out, it has been reported that lesser and lesser attention has been placed on various conflict/crisis across Cameroon. To reach a common understanding of how both the economic, social and cultural rights has been violated and related impact on the quality of life, this paper evaluates justice, security and human rights violations in the present crisis situations. Without the prevention of human rights violations, wider conflict and/or crisis, will continue to have a negative impact in the lives of the inhabitants. This paper aims at providing evidence to support the fact that effective prevention requires early identification of risks that could allow for preventive and/or mitigatory measures to be designed and implemented.

Keywords: justice, security, human rights abuses, conflicts, crisis

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Authors: John Bankier

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Development of academic English occurs not only in communities of practice but also within wider social networks, referred to by Zappa-Hollman and Duff as individual networks of practice. Such networks may exist whether students are developing academic English in English-dominant contexts or in contexts in which English is not a majority language. As yet, little research has examined how newcomers to universities interact with a variety of social ties in such networks to receive academic and emotional support as they develop the academic English necessary to succeed in local and global academia. The one-year ethnographic study described in this presentation followed five Japanese university students enrolled on an academic English program in their home country. We graphically represent participants’ individual networks of practice related to academic English and display the role of interaction in these networks to socialization. Specific examples of academic practices will be linked to specific instances of social interaction. Interaction supportive of the development of academic practices often occurred during unplanned interactions outside the classroom and among small groups of close friends who were connected to each other in more than one way, such as those taking multiple classes together. These interactions occurred in study spaces, in hallways between class periods, at lunchtimes, and online. However, constraints such as differing accommodation arrangements, class scheduling and the hierarchical levelling of English classes by test scores discouraged some participants both from forming strong ties related to English and from interacting with existing ties. The presentation will briefly describe ways in which teachers in all contexts can maximise interaction outside the classroom.

Keywords: academic, english, practice, network

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Authors: Cheng Shuk Ling

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This paper examines the English syntactic errors and their patterns in the written assignments of a General Education course at City University of Hong Kong. Subjects are 60 local and non-local (exchange) undergraduate students who are all EFL learners and L2 users with diversified education and disciplinary background (i.e. their major of study), which are unrelated to English language studies. The objective of this paper brings to the foreground a broad discussion of EFL/L2 undergraduate learners’ average syntactic ability in terms of written assessment. This paper is an attempt in classifying the patterns and categories of syntactic errors committed by students who were brought up and educated in non-native English-speaking countries. Thus, pedagogical recommendations are offered for both EFL/L2 learners and educators in tertiary education settings in such ways as to calibrate how and in what manner English language as the medium of instruction can lead to more enduring effects in learners within non-native English-speaking countries.

Keywords: syntactic errors, english as a foreign language, second language users, pedagogy

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Authors: Seemal Mazhar Khan, Tahira Mubashar

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The present research aimed to investigate the relationship in perceived organizational justice, organizational trust and employee engagement in bank employees. It was hypothesized: there is likely to be a relationship in perceived organizational justices, organizational trust and employee engagement; perceived organizational justice and organizational trust are likely to predict employee engagement; there is likely to be effect of bank type and designation on perceived organizational justice, organizational trust and employee engagement. The sample consisted of 150 bank employees (50 from government, 50 from private and 50 from privatized banks) selected from different banks in Lahore, Pakistan. Correlational research design was used to conduct this study. Perceived Organizational Justices Questionnaire, Organizational Trust Questionnaire and Employee Engagement Scale were used for assessment. Pearson product moment correlation, hierarchical regression and multivariate analysis of covariance were applied. Results showed a positive significant relationship in perceived organizational justice and organizational engagement and there were also a positive significant relation between organizational trust and job and organizational engagement. Results showed that organizational trust predicts organizational engagement after controlling the effect of age, marital status and socio-economic status and there is a significant interaction effect of bank type and designation level on organizational trust in bank employees. The findings of the research can serve as a platform for the awareness of important antecedents of employee engagement and organizations can inculcate trust for better and improved engagement of its employees, thereby, enhancing the productivity of their employees.

Keywords: bank employees, organizational engagement, perceived organizational justice, trust

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Authors: Jane O`Halloran

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Japanese university students have traditionally shown antipathy towards English due to a generally unsatisfactory language-learning experience at the secondary level with a focus on grammar and translation rather than communication. The situation has become urgent, however, due to the rapid decline in the Japanese population, which will present both difficulties and opportunities as employees will increasingly be forced to use English in the workplace. For university lecturers, the challenge is to overcome the students` apathy and convince them of the need for English in the increasingly diverse workplaces they will be entering. This article will illustrate how English teachers and content teachers at a private science university came together to address this quandary.

Keywords: student motivation, CLIL, globalization, demographics

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Authors: Csilla Paksi-Petró

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

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

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Authors: A. Chabert

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The present paper is motivated by the current influence of communicative approaches in language policies around the globe (especially through the Common European Framework of Reference), along with the exponential spread of English as a Lingua Franca worldwide. This study focuses on English language learning and teaching in the last year of primary education in Spain (in the bilingual Valencian region), Norway (in the Trondelag region), and China (in the Hunan region) and proposes a plurilingual communicative approach to ELT in line with ELF awareness and the current retheorisation of ELF within multilingualism (Jenkins, 2018). This study, interdisciplinary in nature, attempts to find a convergence point among English Language Teaching, English as a Lingua Franca, Language Ecology and Multilingualism, breaking with the boundaries that separate languages in language teaching and acknowledging English as international communication, while protecting the mother tongue and language diversity within multilingualism. Our experiment included over 400 students across Spain, Norway, and China, and the outcomes obtained demonstrate that despite the different factors involved in different cultures and contexts, a plurilingual approach to English learning improved English scores by 20% in each of the contexts. Through our study, we reflect on the underestimated value of the mother tongue in ELT, as well as the need for a sustainable ELF perspective in education worldwide.

Keywords: English as a Lingua Franca, English language teaching, language ecology, multilingualism

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Authors: Arenkala Kichu

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This paper consolidates and tries to bring out the findings that investigated in Kohima and Mokokchung districts in Nagaland, which is in the northeastern part of India. The aim of this paper is to test the speaking and writing skills of the undergraduate learners who opt functional English as one of their papers. functional English is taught in just two colleges; Fazl Ali College and Kohima Colleges, out of 15 government and 36 private colleges in the state. This research (based on several observations made by Naga researchers) hypothesizes that functional English enhances competencies at the undergraduate level, which would open doors to work, learn more and better prospects. It is expected that learners in Functional English class, which follows the communicative language teaching method, might be the answers to those problems, as to why proficiency level still leaves much to be desired, in spite of the advent of the education over a hundred years ago. This type of teaching follows only in functional English class in these two colleges.

Keywords: enhancing competencies, speaking skills, undergraduate level, writing skills

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Authors: Nguyen Van Anh Le, Mafuyu Kitahara

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In several languages, it is widely acknowledged that vowels are longer before voiced consonants than before voiceless ones such as English. However, in Mandarin Chinese, Vietnamese, Japanese, and Korean, the distribution of voiced-voiceless stop contrasts and long-short vowel differences are vastly different from English. The purpose of this study is to determine whether these targeted learners' L2 English production and perception change in terms of vowel duration as a function of stop voicing. The production measurements in the database of Asian learners revealed a distinct effect than the one observed in native speakers. There was no evident vowel lengthening patterns. The results of the perceptual experiment with 24 participants indicated that individuals tended to prefer voiceless stops when preceding vowels were shortened, but there was no statistically significant difference between intermediate, upper-intermediate, and advanced-level learners. However, learners demonstrated distinct perceptual patterns for various vowels and stops. The findings have valuable implications for L2 English speech acquisition. Keywords: voiced/voiceless stops, preceding vowel duration, voiced/voiceless perception, L2 English, L1 Mandarin Chinese, L1 Vietnamese, L1 Japanese, L1 Korean

Keywords: voiced/voiceless stops, preceding vowel duration, voiced/voiceless perception, L2 english

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Authors: Qusai Alshahwan

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The arbitrator’s duties of independence and impartiality play a significant role in delivering arbitral awards which legitimate the fundamental of arbitration concepts. For this reason, the international and national arbitration rules require arbitrators to be independent and impartial to solve the arbitration disputes fairly between the parties. However, solving the disputes fairly also requires arbitrators to disclose any existing conflicts of interest with the parties to avoid misunderstanding and late challenges. In contrary with the international and national arbitration rules, the English Arbitration Act 1996 does not include independence as a separate ground for arbitrator’s removal, and importantly the English Arbitration Act 1996 is deliberately silent to the arbitrator duty of disclosure. The absence of arbitrator duty of disclosure is an issue had generated uncertainty and concerns for the arbitration community under the English jurisdiction, particularly when the English courts rejected the IBA guidelines of arbitrator conflict of interest such as in case of Halliburton v Chubb for example. This article is highlighting on the legal consequences of the absence of arbitrator duty of disclosure under the English Arbitration Act 1996 and the arbitrator's contractual obligations.

Keywords: arbitration, impartiality, independence, duty of disclosure, English Arbitration Act 1996

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Authors: Shashwat Mookherjee, Shruti Dutta

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This study explores linguistic distinctions among American, Indian, and Irish English dialects and assesses various Language Models (LLMs) in their ability to generate British English translations from these dialects. Using cosine similarity analysis, the study measures the linguistic proximity between original British English translations and those produced by LLMs for each dialect. The findings reveal that Indian and Irish English translations maintain notably high similarity scores, suggesting strong linguistic alignment with British English. In contrast, American English exhibits slightly lower similarity, reflecting its distinct linguistic traits. Additionally, the choice of LLM significantly impacts translation quality, with Llama-2-70b consistently demonstrating superior performance. The study underscores the importance of selecting the right model for dialect translation, emphasizing the role of linguistic expertise and contextual understanding in achieving accurate translations.

Keywords: cross-dialect translation, language models, linguistic similarity, multilingual NLP

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Authors: Shin-Shin Kao

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This paper reviews the crucial situation in higher education in Taiwan due to the rapid decline of the birth rate in the past three decades, and how the government and local colleges/universities work to face the challenge. Recruiting international students is one of the possible ways to resolve the problem, but offering enough courses in English is one of the main obstacles when the majority of learners are still Taiwanese students. In the academic year of 2012, Chung Yuan Christian University determined to make its campus international and began to enforce two required courses for freshmen taught in English. It failed in the beginning, but succeeded in the following academic year of 2013. Using the teaching evaluations accumulated in the past three years, this paper aims to clarify the myths which had been bothering most faculties. It also offers some suggestions for college/university teachers interested in giving lectures in English to English as Second Language (ESL) learners. A conclusion is presented at the end of the paper, in which the author explained why Taiwanese students could learn their profession in English.

Keywords: calculus, English, teaching evaluation, teaching strategy, vocabulary

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Authors: Majno Ajbani

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Difficulties in teaching and learning English pronunciation in Sindh province, Pakistan Abstract Sindhi language is widely spoken in Sindh province, and it is one of the difficult languages of the world. Sindhi language has fifty-two alphabets which have caused a serious issue in learning and teaching of English pronunciation for teachers and students of Colleges and Universities. This study focuses on teachers’ and students’ need for extensive training in the pronunciation that articulates the real pronunciation of actual words. The study is set to contribute in the sociolinguistic studies of English learning communities in this region. Data from 200 English teachers and students was collected by already tested structured questionnaire. The data was analysed using SPSS 20 software. The data analysis clearly demonstrates the higher range of inappropriate pronunciations towards English learning and teaching. The anthropogenic responses indicate 87 percentages teachers and students had an improper pronunciation. This indicates the substantial negative effects on academic and sociolinguistic aspects. It is suggested an improper speaking of English, based on rapid changes in geopolitical and sociocultural surroundings.

Keywords: alphabets, pronunciation, sociolinguistic, anthropogenic, imprudent, malapropos

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Authors: Humaira Irfan Khan

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The paper discusses that Pakistan is a multilingual, multicultural, and multiethnic society. The findings from quantitative and qualitative data collected in two public universities look at the importance of English language and the role and status of national and regional languages in the country. The evidence implies that postgraduate students having diverse linguistic, cultural, ethnic, socio-economic, and educational backgrounds display negative attitudes towards the use of English language for academic and interactive functions in universities. It is also discovered that language anxiety of postgraduate students is an outcome of their language learning difficulties. It is suggested that considering the academic needs of students, universities should introduce a language proficiency course to enable them to use English with confidence.

Keywords: Multilingualism, Ethnicity, Cultural Diversity, Importance of English, National language, Regional languages, Language Anxiety

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Authors: Adnan Z. Mkhelif

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The production of number forms in English tends to be problematic for Iraqi learners of English as a foreign language (EFL), even at the undergraduate level. To help better understand and consequently address this problem, it is important to identify its sources. This study aims at: (1) statistically analysing Iraqi EFL undergraduates' performance in the production of number forms in English; (2) classifying learners' errors in terms of their possible major causes; and (3) outlining some pedagogical recommendations relevant to the teaching of number forms in English. It is hypothesized in this study that (1) Iraqi EFL undergraduates still face problems in the production of number forms in English and (2) errors pertaining to the context of learning are more numerous than those attributable to the other possible causes. After reviewing the literature available on the topic, a written test comprising 50 items has been constructed and administered to a randomly chosen sample of 50 second-year college students from the Department of English, College of Education, Wasit University. The findings of the study showed that Iraqi EFL undergraduates still face problems in the production of number forms in English and that the possible major sources of learners’ errors can be arranged hierarchically in terms of the percentages of errors to which they can be ascribed as follows: (1) context of learning (50%), (2) intralingual transfer (37%), and (3) interlingual transfer (13%). It is hoped that the implications of the study findings will be beneficial to researchers, syllabus designers, as well as teachers of English as a foreign/second language.

Keywords: L2 number forms, L2 vocabulary learning, productive knowledge, proficiency

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Authors: Seyedeh Sajedeh Salehi

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The Regulation No. 1215/2012/EC also known as the Brussels I Regulation (Recast) deals with jurisdictional disputes in civil and commercial matters. The main aim of the Recast (as in-line with its predecessor Regulation) is to bring a reform in procuring more simplified and faster circulation of civil and commercial judgments within the EU. Hence it is significant to take a closer look at the function of this regulatory tool. Therefore, the main objective of this paper is to analyze a clear understanding of the post-Recast situation on e-commerce relevant jurisdictional matters. The e-consumer protection and the choice-of-court agreements along with the position of the Court of Justice of the European Union in its decisions within the Recast Regulation will be also taken into consideration throughout this paper.

Keywords: choice-of-court agreements, consumer protection, e-commerce, jurisdiction, Recast Brussels I Regulation

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Authors: Benyamin Ahmadnia, Javier Serrano

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In this paper we compare two different approaches for translating from Persian to Spanish, as a language pair with scarce parallel corpus. The first approach involves direct transfer using an statistical machine translation system, which is available for this language pair. The second approach involves translation through English, as a pivot language, which has more translation resources and more advanced translation systems available. The results show that, it is possible to achieve better translation quality using English as a pivot language in either approach outperforms direct translation from Persian to Spanish. Our best result is the pivot system which scores higher than direct translation by (1.12) BLEU points.

Keywords: statistical machine translation, direct translation approach, pivot language translation approach, parallel corpus

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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: Mutwakel Abdalla Ali Garalzain

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The aim of this study is to develop university EFL students’ communicative competence. The descriptive, analytical method was used in this study. To collect the data, the researcher designed two questionnaires, one for university EFL students and the other for English language teachers. The respondents of the study were eighty-eight; 76 university EFL students, and 12 English language teachers. The data obtained were analyzed by using statistical package for social science (SPSS). The findings of the study have revealed that most of the university EFL students are unable to express their ideas properly, although they have an abundance of vocabulary. The findings of the study have also shown that most of the university EFL students have positive attitudes towards communicative competence. The results of the study also identified the best strategies that can be used to enhance university EFL students’ communicative competence in English language teaching. The study recommends that English language textbooks should be compatible with the requirements of the student-centered approach. It also recommends that English language teachers should adopt the communicative approach’s strategies in the EFL classroom.

Keywords: applied linguistics, communicative competence , English language teaching, university EFL students

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Authors: Haneen Alrawashdeh, Naciye Kunt

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Intercultural communicative competence or (ICC), is an extension of communicative competence that takes into account the intercultural aspect of learning a foreign language. Accordingly, this study aimed at investigating the intercultural interaction impact on English as a foreign language learners' academic achievement of language as a scholastic subject and their motivation towards learning it. To achieve the aim of the study, a qualitative research approach was implemented by means of semi-structured interviews. Interview sessions were conducted with eight teachers of English as well as ten English language learners who work in the tourism industry in a variety of career paths, such as selling antiques and traditional costumes. An analysis of learners' grades of English subjects from 2014 to 2019 academic years was performed by using the Open Education Management Information System Database in Jordan to support the findings of the study. The results illustrated that due to the fact that they work in the tourism sector, students gain skills and knowledge that assist them in better academic achievement in the subject of English by practicing intercultural communication with different nationalities on a daily basis; intercultural communication enhances students speaking skills, lexicon, and fluency; however, despite that their grades showed increasing, from teachers perspectives, intercultural communicative competence reduces their linguistic accuracy and ability to perform English academic writing in academic contexts such as exams.

Keywords: intercultural communicative competence, Jordan, language learning motivation, language academic achievement

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Authors: Hyeon-Seong Kim, Sang-Mi Park, Seul-Gi Kim, Seon-Ju Han, Leen-Seok Kang

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The use of BIM, including 4D CAD system, in a construction project is gradually increasing. Since the building construction works repeatedly in the vertical space, it is relatively easy to confirm the interference effect when applying the BIM, but the interference effect for the civil engineering project is relatively small because the civil works perform non-repetitive processes in the horizontal space. For this reason, it is desirable to apply BIM to the construction phase when applying BIM to the civil engineering project, and the most active BIM tool applied to the construction phase is the 4D CAD function for the schedule management. This paper proposes the application procedure of BIM by the construction phase of civil engineering project and a linear 4D CAD construction methodology suitable for the civil engineering project in which linear work is performed.

Keywords: BIM, 4D CAD, linear 4D simulation, VR

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Authors: Sabrina Jafralie

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This proposed chapter explains how civic religious literacy is a means to promote social justice in Canada. It will first present the specific conception of global citizenship education that will undergird the discussion in the chapter. Then, it will offer a conception of civic religious literacy that explains how it promotes social justice as a form of global citizenship education. To illustrate this point, I will list specific examples of social and political inequities in Canada, such as hate crime statistics from 2013-2018 across the country and in specific provinces and cities. I will also highlight different types of discrimination, such as that towards religious minorities, Indigenous peoples, and those that conflate race and religion, and other intersections of identity that civic religious literacy can address. To conclude this initial section of the chapter, I will cite international studies that discuss religious literacy as a means to promote characteristics and aims of global citizenship education.

Keywords: Civic Literacy, Pedagogy, Quebec, Social Justice

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Authors: Hyeon-Seung Kim, Sang-Mi Park, Min-Seo Kim, Jong-Myeung Shin, Leen-Seok Kang

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Recently, the use of Building Information Modeling (BIM) in public construction works has become mandatory in some countries and it is anticipated that BIM will be applied to the actual field of civil engineering projects. However, the BIM system is still focused on the architectural project and the design phase. Because the civil engineering project is linear type project and is focused on the construction phase comparing with architectural project, 3D simulation is difficult to visualize them. This study suggests a method and a prototype system to solve workspace conflictions among construction activities using BIM simulation tool.

Keywords: BIM, workspace, confliction, visualization

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Authors: Mohammad Sadeghi, Mahdieh Saniee

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Nowadays, development laws have become a major branch of engineering science, laws help humankind achieve his/her basic needs, and it is attracted to the attention of the nations. Therefore, lawyers have been invited to contemplate legislator's approaches respecting legislating countries' economic, social and cultural development plans and to observe the reliance of approaches on two elements of distributive justice and transitional justice in light of legal rationality. Legal rationality in development planning has encountered us with this question that whether a rational approach and existing models in the Iran development planning system approximate us to the goal of development laws respecting the rationalist approach and also regarding wisely decision-making model. The present study will investigate processes, approaches, and damages of development planning in the legislation of country development plans to answer this question.

Keywords: rationality, decision-making process, policymaking, development

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Authors: Maelle Noir

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International Human rights norms prescribe the obligation to protect refugee women against violence which requires, inter alia, state provision of justiciable, accessible, affordable and non-discriminatory access to justice. However, the interpretation and application of the law still lack gender sensitivity, intersectionality and a trauma-informed approach. Consequently, many refugee survivors face important structural obstacles preventing access to justice and often experience secondary traumatisation when navigating the legal system. This paper argues that the unique nature of the experiences of refugees with gender-based violence against women exacerbated throughout the migration journey calls for a tailored practice of the law to ensure adequate access to justice. The argument developed here is that the obligation to provide survivors with justiciable, accessible, affordable and non-discriminatory access to justice implies radically transforming the practice of the law altogether. This paper, therefore, proposes feminist lawyering as an alternative approach to the practice of the law when addressing gender-based violence against women refugees. First, this paper discusses the specific nature of gender-based violence against refugees with a particular focus on two aspects of the power-violence nexus: the analysis of the shift in gender roles and expectations following displacement as one of the causes of gender-based violence against women refugees and the argument that the asylum situation itself constitutes a form of state-sponsored and institutional violence. Second, the re-traumatising and re-victimising nature of the legal system is explored with the objective to demonstrate States’ failure to comply with their legal obligation to provide refugee women with effective access to justice. Third, this paper discusses some key practical strategies that have been proposed and implemented to transform the practice of the law when dealing with gender-based violence outside of the refugee context. Lastly, this analysis is applied to the specificities of the experiences of refugee survivors of gender-based violence.

Keywords: feminist lawyering, feminist legal theory, gender-based violence, human rights law, intersectionality, refugee protection

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Authors: Kashi Raj Pandey

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Transformative learning is a form of learning rooted in learners' life experiences and their inherent love for learning. It emphasizes the importance of incorporating students' everyday work through the use of learning diaries and reflective journals. It encourages learners to take a proactive role in their own improvement, fostering creativity and promoting informed discussions about the learning process. Reflecting on the personal experience with English language learning in a rural village in Nepal where rote memorization was the prevailing teaching method, this traditional approach hindered a deeper understanding of the language, prompting the author to recognize the need for more effective pedagogy. In this study, the author delved into the cultural contextualization of English language learning, taking into account learners' backgrounds. The study’s findings highlighted the importance of equity, inclusion, mutuality, and social justice in the classroom, emphasizing the significance of integrating students' lived experiences into the pedagogical approach. This, in turn, can encourage students to engage in profound and collaborative learning practices within the realm of English language education. Upon successfully implementing the research findings, including the eight key conditions of transformative learning, in multiple classrooms, the author collaborated with international educationists and government stakeholders in Nepal. The purpose was to disseminate the research findings, conduct teacher training workshops, and systematically enhance Nepali students’ English language learning. These methods have already demonstrated a significant improvement in student engagement within the same school where the author once learned English as a child. This study aims to explore teachers’ decision-making process regarding the transition from traditional teaching methods to interactive ones, which have gained national recognition within the ESL/EFL teaching community in Nepal. By sharing these experiences, it is expected that other teachers will also contemplate adopting transformative learning pedagogy in their own classrooms.

Keywords: reflection, student engagement, pedagogy, transformative learning

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Authors: Samantha Jeffries, Chontit Chuenurah

Abstract:

Thailand incarcerates the largest number of women and has the highest female incarceration rate in South East Asia. Since the 1990s, there has been a substantial increase in the number, rate and proportion of women imprisoned. Thailand places a high priority on the gender specific contexts out of which offending arises and the different needs of women in the criminal justice system. This is manifested in work undertaken to guide the development of the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders (the Bangkok Rules); adopted by the United Nations General Assembly in 2010. The Bangkok Rules make a strong statement about Thailand’s recognition of and commitment to the fair and equitable treatment of women throughout their contact with the criminal justice system including at sentencing and in prison. This makes the comparatively high use of imprisonment for women in Thailand particularly concerning and raises questions about the relationship between gender, crime and criminal justice. While there is an extensive body of research in Western jurisdictions exploring women’s pathways to prison, there is a relative dearth of methodologically robust research examining the possible gendered circumstances leading to imprisonment in Thailand. In this presentation, we will report preliminary findings from a qualitative study of women’s pathways to prison in Thailand. Our research aims were to ascertain: 1) the type, frequency, and context of criminal behavior that led to women’s incarceration, 2) women’s experiences of the criminal justice system, 3) the broader life experiences and circumstances that led women to prison in Thailand. In-depth life history interviews (n=77) were utilized to gain a comprehensive understanding of women’s journeys into prison. The interview schedule was open-ended consisting of prisoner responses to broad discussion topics. This approach provided women with the opportunity to describe significant experiences in their lives, to bring together distinct chronologies of events, and to analyze links between their varied life experiences, offending, and incarceration. Analyses showed that women’s journey’s to prison take one of eight pathways which tentatively labelled as follows, the: 1) harmed and harming pathway, 2) domestic/family violence victimization pathway, 3) drug connected pathway, 4) street woman pathway, 5) economically motivated pathway, 6) jealousy anger and/or revenge pathway, 7) naivety pathway, 8) unjust and/or corrupted criminal justice pathway. Each will be fully discussed during the presentation. This research is significant because it is the first in-depth methodologically robust exploration of women’s journeys to prison in Thailand and one of a few studies to explore gendered pathways outside of western contexts. Understanding women’s pathways into Thailand’s prisons is crucial to the development of effective planning, policy and program responses not only while women are in prison but also post-release. To best meet women’s needs in prison and effectively support their reintegration, we must have a comprehensive understanding of who these women are, what offenses they commit, the reasons that trigger their confrontations with the criminal justice system and the impact of the criminal justice system on them.

Keywords: pathways, prison, women, Thailand

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