Search results for: legal education
8515 The Portuguese Legal Instruments to Combat the Improper Use of the Contract Service
Authors: Ana Lambelho
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Nowadays is very common that an activity may be performed independently or dependently. In Portugal, the Labour Law exclusively protects the dependent labour relations. The independent work is regulated by civil law, where the autonomy of the will is the main principle. For companies is more advantageous to hire people under a service agreement since, in that case, the relation is not submitted to the limits established in Labour law and collective bargaining. This practice has nothing wrong, if the performance of work is, in fact, made autonomously. The problem is the increased frequency of the celebration of service agreements to hide a legal relation of subordination. Aware of this and regarding the huge difficulty to demonstrate the existence of subordinated work (that often runs against the employee), the Portuguese legislator devoted some legislative rules in order to facilitate the evidence of legal subordination and, on the other hand, to avoid the misuse of the provision of service agreements. This study focuses precisely on the analysis of this solution, namely the so-called presumption of ‘laboralidade’ and on the lawsuit to recognize the existence of a labour contract. The presumption of the existence of a labour contract is present in the Portuguese legal system since 2003, and received, with the 2009 Labour Code, a new redaction that, according to the doctrine and the jurisprudence, finally approached it to a legal presumption, with the consequent reversal of the burden of proof and, in consequence, made easier to proof the legal subordination, because the employee will just have to plead and prove the existence of two of the elements described in the law to use this presumption. Another change in the Portuguese legal framework is related with the competencies of the Authority for Working Conditions (AWC): now, if during an inspection, the Authority finds a situation that seems to be an undeclared employment situation, it may access the company and, if it does not regularize voluntarily the situation, AWC has a duty to communicate to the public prosecutor, who will begin the lawsuit for the recognition of the existence of an employment contract. To defend the public interest, the action to recognize the existence of an employment contract will follow its terms, even against the employee will. Although the existence of these mechanisms does not solve by itself the problem of evasion of labour law and false ‘green receipts’, it is undeniable that it is an important step in combating fraud in this field.Keywords: independent work, labour contract, Portugal, service agreement
Procedia PDF Downloads 3278514 Access to Education and Adopted Identity of the Rohingya Amid Government Restrictions in Bangladesh
Authors: Ishrat Zakia Sultana
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The consistent persecution, ethnic cleansing, and genocide against the Rohingya in Burma resulted four major influxes of the Rohingya people to the neighboring country Bangladesh. After the latest influx of October 2016 and August 2017, the total number of Rohingya in Bangladesh stands somewhere between 900,000 to over one million, placing Bangladesh much ahead with the number of refugees compared to Dadaab and Kakuma in Kenya, Bidibidi in Uganda and Zaatari in Jordan. While Bangladesh received recognition and appreciation for receiving a huge number of the Rohingya, one of the fundamental human rights of the Rohingya – education – has never been fulfilled in Bangladesh. The Ministry of Disaster Management and Relief of the government of Bangladesh has been looking after the Rohingya and managing various programs for the Rohingya. On its website, the Ministry claims that it provides the basic supports/services to the Rohingya, including providing education. In practice, however, education for the Rohingya include only the provisions for registered Rohingya refugees – who are a very small number of populations among the entire Rohingya hosted in Bangladesh – and that is only up to grade 7 within the registered camps at Teknaf and Ukhia of Cox’s Bazar district of the country. There is no answer of the question, ‘What’s next’? Although refugees in Canada, Sudan, Turkey and other countries have been allowed to go to mainstream schools, Rohingya refugees in Bangladesh are not allowed to do so legally. Due to the lack of proof of nationality of the Rohingya, the government of Bangladesh imposes restrictions on their access to Bangladeshi schools. However, despite their vulnerability and statelessness, many Rohingyas are desperate to pursue education outside the camps and find their own way not only within Cox’s Bazar but also even in the capital city of the country. But they must hide their refugee identity to accomplish this. My research aims to explore how they manage to get admission amid government restrictions on their access to education in the mainstream institutions in Bangladesh. It will reveal how Rohingya people use adopted identity to get access to education in Bangladesh, and how they apply their own techniques to achieve their goals without having government approved identity. This research examined the strategies the Rohingya applied to manage documents related to their identity to ensure their admission to Bangladeshi education institutions – in schools, colleges, and universities. The research employed a qualitative approach. It used semi structured individual interviews and Focused Group Discussions (FGDs) with 20 male and female Rohingya refugees who are 18 years old and above, and have enrolled in Bangladeshi education institutions with adopted identity. Also I interviewed 5 local community members and policy makers to understand their perceptions and roles in this process. The findings of this research will allow the policy makers to rethink the outcomes of the restrictions on Rohingya’s education in Bangladesh, the ramifications of the denial of Rohingya’s access to education, and initiate policy dialogues on how to allow Rohingya refugees to pursue education in Bangladesh in legal way.Keywords: Rohingya, Refugee, Bangladesh, Education
Procedia PDF Downloads 648513 A Review of Strategies for Enhancing the Quality of Engineering Education in Zimbabwean Universities
Authors: Bhekisisa Nyoni, Nomakhosi Ndiweni, Annatoria Chinyama
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The aim of this paper was to explore ways to enhance the quality of higher education with a bias towards engineering education in Zimbabwe universities. A search through relevant literature was conducted looking at both international and local scholars. It also involved reviewing the Dakar Framework for Action and Incheon Declaration and Framework for Action plans for education for sustainable development. Goals were set for 2030 as a standard for quality to be adopted by all countries in improving access as well as the quality of education from early childhood and through to adult learning. Despite the definition of quality being difficult to express due to diverse expectations from different stakeholders, the view of quality adopted is based on the World Education Forum’s propositions on quality education going beyond the classroom experience. It considers factors such as learning environment, governance and management, and teacher caliber. The study concludes by illustrating that the quality of engineering education in Zimbabwe has come a long way. It has made strides in increasing access and variety to education though at the expense of quality in its totality. To improve the quality of engineering education, programs have been introduced to promote the professionalism of lecturers, such as industrial secondment and professional development courses.Keywords: engineering education, quality of education, professional development, industrial secondment
Procedia PDF Downloads 1878512 Assessing the Roles Languages Education Plays in Nation Building in Nigeria
Authors: Edith Lotachukwu Ochege
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Nations stay together when citizens share enough values and preferences and can communicate with each other. Homogeneity among people can be built with education, teaching a common language to facilitate communication, infrastructure for easier travel, but also by brute force such as prohibiting local cultures. This paper discusses the role of language education in nation building. It defines education, highlights the functions of language. Furthermore, it expresses socialization agents that aid culture which are all embodied in language, problems of nation building.Keywords: nation building, language education, function of language, socialization
Procedia PDF Downloads 5688511 Application of Web Aided Education on Laboratory of the Physics Course
Authors: Nigmet Koklu, Dundar Yener
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Recently, distance education that make use of web technology is used widely all around the world to overcome geographical and time based problems in education. Graphics, animation and other auxiliary visual sources help student to understand the subjects easily. Especially some theoretical courses that are quite difficult to understand such as physics and chemistry require visual material for students to understand topics clearly. In this study, physics applications for laboratory of physics course were developed. All facilities of web-based educational technology were used for students in laboratory studies to avoid making mistakes and to learn better physics subjects.Keywords: physics education, laboratory, web-based education, distance education
Procedia PDF Downloads 5158510 Harmonization of State Law and Local Laws in Coastal and Marine Areas Management
Authors: N. S. B. Ambarini, Tito Sofyan, Edra Satmaidi
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Coastal and marine are two potential natural resource one of the pillars of the national economy. The Indonesian archipelago has marine and coastal which is quite spacious. Various important natural resources such as fisheries, mining and so on are in coastal areas and the sea, so that this region is a unique area with a variety of interests to exploit it. Therefore, to preserve a sustainable manner need good management and comprehensive. To the national and local level legal regulations have been published relating to the management of coastal and marine areas. However, in practice it has not been able to function optimally. Substantially has not touched the problems of the region, especially concerning the interests of local communities (local). This study is a legal non-doctrinal approach to socio-legal studies. Based on the results of research in some coastal and marine areas in Bengkulu province - Indonesia, there is a fact that the system of customary law and local wisdom began to weaken implementation. Therefore harmonization needs to be done in implementing laws and regulations that apply to the values of indigenous and local knowledge that exists in the community.Keywords: coastal and marine, harmonization, law, local
Procedia PDF Downloads 3478509 Legal Basis for Water Resources Management in Brazil: Case Study of the Rio Grande Basin
Authors: Janaína F. Guidolini, Jean P. H. B. Ometto, Angélica Giarolla, Peter M. Toledo, Carlos A. Valera
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The water crisis, a major problem of the 21st century, occurs mainly due to poor management. The central issue that should govern the management is the integration of the various aspects that interfere with the use of water resources and their protection, supported by legal basis. A watershed is a unit of water interacting with the physical, biotic, social, economic and cultural variables. The Brazilian law recognized river basin as the territorial management unit. Based on the diagnosis of the current situation of the water resources of the Rio Grande Basin, a discussion informed in the Brazilian legal basis was made to propose measures to fight or mitigate damages and environmental degradation in the Basin. To manage water resources more efficiently, conserve water and optimize their multiple uses, the integration of acquired scientific knowledge and management is essential. Moreover, it is necessary to monitor compliance with environmental legislation.Keywords: conservation of soil and water, environmental laws, river basin, sustainability
Procedia PDF Downloads 2808508 The Connection Between the International Law and the Legal Consultation on the Social Media
Authors: Amir Farouk Ahmed Ali Hussin
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Social media, such as Facebook, LinkedIn and Ex-Twitter have experienced exponential growth and a remarkable adoption rate in recent years. They give fantastic means of online social interactions and communications with family, friends, and colleagues from around the corner or across the globe, and they have become an important part of daily digital interactions for more than one and a half billion users around the world. The personal information sharing practices that social network providers encourage have led to their success as innovative social interaction platforms. Moreover, these practices have outcome in concerns with respect to privacy and security from different stakeholders. Guiding these privacy and security concerns in social networks is a must for these networks to be sustainable. Real security and privacy tools may not be enough to address existing concerns. Some points should be followed to protect users from the existing risks. In this research, we have checked the various privacy and security issues and concerns pertaining to social media. However, we have classified these privacy and security issues and presented a thorough discussion of the effects of these issues and concerns on the future of the social networks. In addition, we have presented a set of points as precaution measures that users can consider to address these issues.Keywords: international legal, consultation mix, legal research, small and medium-sized enterprises, strategic International law, strategy alignment, house of laws, deployment, production strategy, legal strategy, business strategy
Procedia PDF Downloads 658507 Appropriate Legal System for Protection of Plant Innovations in Afghanistan
Authors: Mohammad Reza Fooladi
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Because of the importance and effect of plant innovations on economy, industry, and especially agriculture, they have been on the core attention of legislators at the national level, and have been a topic of international documents related to intellectual innovations in the recent decades. For protection of plant innovations, two legal systems (i.e. particular system based on International Convention for protection of new variety of plants, and the patent system) have been considered. Ease of access to the support and the level of support in each of these systems are different. Our attempt in this paper, in addition to describing and analyzing the characteristics of each system, is to suggest the compatible system to the industry and agriculture of Afghanistan. Due to the lack of sufficient industrial infrastructure and academic research, the particular system based on the International Convention on the protection of new variety of plants is suggested. At the same time, appropriate industrial and legal infrastructures, as well as laboratories and research centers should be provided in order that plant innovations under the patent system could also be supported.Keywords: new varieties of plant, patent, agriculture, Afghanistan
Procedia PDF Downloads 3328506 The Education-Development Nexus: The Vision of International Organizations
Authors: Thibaut Lauwerier
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This presentation will cover the vision of international organizations on the link between development and education. This issue is very relevant to address the general topic of the conference. 'Educating for development' is indeed at the heart of their discourse. For most of international organizations involved in education, it is important to invest in this field since it is at the service of development. The idea of this presentation is to better understand the vision of development according to these international organizations and how education can contribute to this type of development. To address this issue, we conducted a comparative study of three major international organizations (OECD, UNESCO and World Bank) influencing education policy at the international level. The data come from the strategic reports of these organizations over the period 1990-2015. The results show that the visions of development refer mainly to the neoliberal agenda, despite evolutions, even contradictions. And so, education must increase productivity, improve economic growth, etc. UNESCO, which has a less narrow conception of the development and therefore the aims of education, does not have the same means as the two other organizations to advocate for an alternative vision.Keywords: development, education, international organizations, poilcy
Procedia PDF Downloads 2238505 Value-Based Argumentation Frameworks and Judicial Moral Reasoning
Authors: Sonia Anand Knowlton
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As the use of Artificial Intelligence is becoming increasingly integrated in virtually every area of life, the need and interest to logically formalize the law and judicial reasoning is growing tremendously. The study of argumentation frameworks (AFs) provides promise in this respect. AF’s provide a way of structuring human reasoning using a formal system of non-monotonic logic. P.M. Dung first introduced this framework and demonstrated that certain arguments must prevail and certain arguments must perish based on whether they are logically “attacked” by other arguments. Dung labelled the set of prevailing arguments as the “preferred extension” of the given argumentation framework. Trevor Bench-Capon’s Value-based Argumentation Frameworks extended Dung’s AF system by allowing arguments to derive their force from the promotion of “preferred” values. In VAF systems, the success of an attack from argument A to argument B (i.e., the triumph of argument A) requires that argument B does not promote a value that is preferred to argument A. There has been thorough discussion of the application of VAFs to the law within the computer science literature, mainly demonstrating that legal cases can be effectively mapped out using VAFs. This article analyses VAFs from a jurisprudential standpoint to provide a philosophical and theoretical analysis of what VAFs tell the legal community about the judicial reasoning, specifically distinguishing between legal and moral reasoning. It highlights the limitations of using VAFs to account for judicial moral reasoning in theory and in practice.Keywords: nonmonotonic logic, legal formalization, computer science, artificial intelligence, morality
Procedia PDF Downloads 758504 Contested Space for Regulation in Higher Education
Authors: Sulila Anar
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Institutions of any kind are regulated by laws which could be formal or informal, visible or invisible that influences the very structure of the institutions itself. Here in this paper the attempt will be to see how institutions of higher education are regulated by the regulatory institutions by taking the case of India, the third largest education system in the world. The attempt is to try to see how regulation of higher education creates a space for contestation among regulatory institutions based on secondary resources and how this affects the governance of university to achieve the goals and visions.Keywords: higher education, regulation, autonomy, space
Procedia PDF Downloads 4028503 Protection Not Punishment: Use of Electronic Monitoring to Reduce the Risk of Cross-Border Parental Child Abduction
Authors: Nazia Yaqub
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Globally, the number of cases of international parental child abduction has remained consistent in the past decade despite the legal provision designed to prevent and deter abduction, and so it appears the current legal approach to prevent abduction is lacking. Reflecting on the findings of an empirical study conducted by the author between 2017-19 on parental abduction from the UK, the article considers a solution to the predicament of protecting children at risk of abduction through electronic monitoring. The electronic monitoring of children has negative connotations, particularly in its use in the criminal justice system, yet in the context of family law proceedings, the article considers whether electronic monitoring could serve a protective rather than a punitive purpose. The article reflects on the use of electronic monitoring in parental abduction cases by the Family Courts and examines the ethical considerations of the proposal, drawing on the rights found in the European Convention on Human Rights and the UN Convention on the Rights of the Child.Keywords: law, parental child abduction, electronic monitoring, legal solutions
Procedia PDF Downloads 678502 Quality and Quality Assurance in Education: Examining the Possible Relationship
Authors: Rodoula Stavroula Gkarnara, Nikolaos Andreadakis
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The purpose of this paper is to examine the relationship between quality and quality assurance in education. It constitutes a critical review of the bibliography regarding quality and its delimitation in the field of education, as well as the quality assurance in education and the approaches identified for its extensive study. The two prevailing and opposite views on the correlation of the two concepts are that on the one hand there is an inherent distance between these concepts as they are two separate terms and on the other hand they are interrelated and interdependent concepts that contribute to the improvement of quality in education. Finally, the last part of the paper, adopting the second view, refers to the contribution of quality assurance to quality, where it is pointed out that the first concept leads to the improvement of the latter by quality assurance being the means of feedback for the quality achieved.Keywords: education, quality, quality assurance, quality improvement
Procedia PDF Downloads 2178501 SHIFT: Examining Preservice Teachers’ Perceptions on Digital Citizenship Education
Authors: Cachanda K. Orellana
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This study examined preservice teachers’ perceptions of their role in digital citizenship education. Data was gathered via surveys and coursework from the preservice teachers’ instructional technology course. Pre-service teachers were asked about their role in digital citizenship education during a unit on digital dilemmas. Findings suggest that teacher education programs should consider digital citizenship education as more than the acquisition of a set of skills and behaviors and prepare preservice teachers to support students’ ability to engage in ethical decision-making in digital spaces.Keywords: digital citizenship, digital dilemmas, pre-service teachers, teacher education
Procedia PDF Downloads 1728500 Short-Term Incarceration in South Africa and the Shaping of Legal Consciousness
Authors: Thato Masiangoako
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While being home to one of the greatest constitutions in the world, South Africa is also notorious for brutal policing practices, endemic corruption, and an overstrained criminal justice system. This apparent gap between the normative conceptions of the law and the actual experiences of being subjected to the criminal justice system forms the crux of this study. This study explores how community activists, student activists, and migrants in Johannesburg, who rely on the law for protection and effective political expression and participation and understand the law through their experiences of arrest and short-term incarceration. This work introduces the concept of legal consciousness to the South African context, whilst also drawing very heavily from South African literature of the law and criminal justice system. This research is grounded in the experiences of arrest and pre-trial and immigration detention shared by these individuals, which are used to develop a rich account of legal consciousness in South Africa. It also sheds light on some of the ways in which the criminal justice system sustains its legitimacy within a post-apartheid framework despite the gaps between what the law ought to be and it actually is. The study argues that the ways in which these groups make sense of their experiences of the criminal justice system and the law, more broadly, are closely bound to their socio-political identities. This calls the core values of equality and dignity that undergird South Africa’s Constitution into question.Keywords: criminal justice, immigrant detention, legal consciousness, remand detention
Procedia PDF Downloads 2458499 Naturalization of Aliens in Consideration of Turkish Constitutional Law: Recent Governmental Practices
Authors: Zeynep Ozkan, Cigdem Serra Uzunpinar
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Citizenship is a legal bond that binds a person to a certain state. How constitutions define ‘the citizen’ and how they regulate the elements of citizenship have great importance in terms of individuals’ duties before the state as well as the rights they own. Especially in multi-segmented societies that contain foreign elements, it becomes necessary to examinate the institution of naturalization in terms of individuals’ duty of constitutional citizenship. The meaning of citizenship in Turkey has transformed due to the changes in practices of naturalization, in parallel to receiving huge amount of immagrants with the recent Syrian Crisis, the change in the governmental system and facing economic crisis. This transformation took place in the way of a diversion from the states’ initial motive of building the bond of citizenship with the aim of founding/sustaining political unity. Hence, rising of the economic and political motives in naturalization practices are in question, instead of objective and subjective criterias, that are traditionally used on defining the notion of nation. In this study, firstly the regime of citizenship and the legal regime of aliens in Turkish legislation will be given place. Then, the transformation, that the notion of constitutional citizenship underwent, will be studied, especially on the basis of governmental practices of naturalization. The assessment will be made in the context of legal institutions brought with the new governmental system as a result of recent constitutional amendment.Keywords: constitutional citizenship, naturalization, naturalization practices in Turkish legal system, transformation of the notion of constitutional citizenship
Procedia PDF Downloads 1208498 Compilation of Islamic Law as Law Applied Religious Courts in Indonesia (Responding to Changes in Religious Courts Authority)
Authors: Hamdan Arief Hanif, Rahmat Sidiq
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Indonesia is a country of law, the legal system adopted by Indonesia is a civil law system. A major feature of the civil law is the codified legislation. Meanwhile the majority of society Indonesia are Muslims, whilst Islamic law itself having the sources written in Qur'an, Sunnah and the opinion of Muslim scholars, generally not codified in book form of legislation that is easy on the set as a reference. in Indonesia, many scholars have different opinions in decisions so that there is no legal certainty in Muslim civil cases, so the need for legal codification, which, as the source of the judges in deciding a case, especially a case in religious courts. This paper raised the topic of discussion which offers a solution to the application of the codification of the Islamic Law which became the core resources in delivering a verdict against Islamic civil related issue; codification usually called a compilation of Islamic Law. Compilation of Islamic Law is highly recommended as a core reference for the judges in religious courts in Indonesia. This compilation which includes a collection of large number of opinions scholars (book of fiqh) that existed previously and are ripened in deduce in order to unify the existing differences. This paper also discusses how the early formation of the compilation and as the right solution in order to create legal certainty and justice especially for the muslim community in Indonesia.Keywords: Islamic law, compilation, law applied core, religious court
Procedia PDF Downloads 3558497 Implementation of Big Data Concepts Led by the Business Pressures
Authors: Snezana Savoska, Blagoj Ristevski, Violeta Manevska, Zlatko Savoski, Ilija Jolevski
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Big data is widely accepted by the pharmaceutical companies as a result of business demands create through legal pressure. Pharmaceutical companies have many legal demands as well as standards’ demands and have to adapt their procedures to the legislation. To manage with these demands, they have to standardize the usage of the current information technology and use the latest software tools. This paper highlights some important aspects of experience with big data projects implementation in a pharmaceutical Macedonian company. These projects made improvements of their business processes by the help of new software tools selected to comply with legal and business demands. They use IT as a strategic tool to obtain competitive advantage on the market and to reengineer the processes towards new Internet economy and quality demands. The company is required to manage vast amounts of structured as well as unstructured data. For these reasons, they implement projects for emerging and appropriate software tools which have to deal with big data concepts accepted in the company.Keywords: big data, unstructured data, SAP ERP, documentum
Procedia PDF Downloads 2728496 The Power of Transparency Norms in the Wto Legal Framework: Beyond the Trade Context
Authors: Tran Van Long
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Beyond trade facilitation, transparency in the WTO legal context is, implicitly and explicitly, aimed at addressing problems in domestic administrative law. Through the lens of global governance, this paper attempts to shed more light on the power of transparency norms enshrined in multilateral trading agreements under the aegis of the WTO. In this global ruled-base system, transparency has become sufficiently powerful to be a multifunctional instrument for promoting rule of law, good governance, and democracy.Keywords: WTO, transparency, good governance, rule of law, global administrative law.
Procedia PDF Downloads 2828495 A comparative Analysis of the Good Faith Principle in Construction Contracts
Authors: Nadine Rashed, A. Samer Ezeldin, Engy Serag
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The principle of good faith plays a critical role in shaping contractual relationships, yet its application varies significantly across different types of construction contracts and legal systems. This paper presents a comparative analysis of how various construction contracts perceive the principle of good faith, a fundamental aspect that influences contractual relationships and project outcomes. The primary objective of this analysis is to examine the differences in the application and interpretation of good faith across key construction contracts, including JCT (Joint Contracts Tribunal), FIDIC (Fédération Internationale des Ingénieurs-Conseils), NEC (New Engineering Contract), and ICE (Institution of Civil Engineers) Contracts. To accomplish this, a mixed-methods approach will be employed, integrating a thorough literature review of current legal frameworks and academic publications with primary data gathered from a structured questionnaire aimed at industry professionals such as contract managers, legal advisors, and project stakeholders. This combined strategy will enable a holistic understanding of the theoretical foundations of good faith in construction contracts and its practical effects in real-world contexts. The findings of this analysis are expected to yield valuable insights into how varying interpretations of good faith can impact project performance, dispute resolution, and collaborative practices within the construction industry. This paper contributes to a deeper understanding of how the principle of good faith is evolving in the construction industry, providing insights for contract drafters, legal practitioners, and project managers seeking to navigate the complexities of contractual obligations across different legal systems.Keywords: construction contracts, contractual obligations, ethical practices, good faith
Procedia PDF Downloads 258494 Issues and Challenges in Social Work Field Education: The Field Coordinator's Perspective
Authors: Tracy B.E. Omorogiuwa
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Understanding the role of social work in improving societal well-being cannot be separated from the place of field education, which is an integral aspect of social work education. Field learning provides students with knowledge and opportunities to experience solving issues in the field and giving them a clue of the practice situation. Despite being a crucial component in social work curriculum, field education occupies a large space in learning outcome, given the issues and challenges pertaining to its purpose and significance in the society. The drive of this paper is to provide insight on the specific ways in which field education has been conceived, realized and valued in the society. Emphasis is on the significance of field instruction; the link with classroom learning; and the structure of field experience in social work education. Given documented analysis and experience, this study intends to contribute to the development of social work curriculum, by analyzing the pattern, issues and challenges fronting the social work field education in the University of Benin, Nigeria.Keywords: challenges, curriculum, field education, social work education
Procedia PDF Downloads 3018493 Privatising Higher Education: Imparting Quality in Academics
Authors: Manish Khanna
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Higher education seeks to preserve, transmit and advance knowledge. It is one of the most important instruments of change and progress. The observation of Kothari Commission (1964-66) is true even today; The destiny of India is now being shaped in her classrooms. This, we believe, is no more rhetoric. In the world based on science and technology it is education that determines the level of prosperity, welfare, and security of the people. On the quality and number of persons coming out of our schools and colleges will depend our success in the great enterprise of national reconstruction.Keywords: higher education, quality in academics, Kothari commission, privatising higher education
Procedia PDF Downloads 4838492 Teaching: Using Co-teaching as an Instructional Model
Authors: Beverley Gallimore
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The Individuals with Disabilities Education Act of 2004 (IDEA) has helped to improve outcomes for students with special education needs. Through IDEA, students with Special Education Needs (SEN) have opportunities for more equitable education within the General Education classroom. However, students with disabilities lack access to instructions that can help them to maximize their fullest learning potential. Recently, educational stakeholders have emphasized Integrated Co-teaching as a tool to increase engagement and learning outcomes for students with disabilities in general education classrooms. As a result of this new approach, general and special education teachers are working collaboratively to teach students with disabilities. However, co-teaching models are not properly designed and structured to effectively benefit students with disabilities. Teachers must be oriented correctly in the co-teaching models if it is to be beneficial for students.Keywords: CO-teaching, differentiation, equitable, collaborative
Procedia PDF Downloads 828491 The Imperative of Adult Education in the Knowledge Society
Authors: Najim Akorede Babalola
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Adult Education is a multi and interdisciplinary in nature that cut across different fields of study which includes education, social sciences, engineering even information technologies that dominate the contemporary world among others. In the past, Adult Education has been used as an instrument of civilization by teaching people how to read and write as well as earning a better living. The present world has witnessed a transition from industrial age to information age which is also known as knowledge society needs Adult Education for knowledge acquisition and update of existing knowledge. An individual needs Adult Education in either of its various forms (on-the-job-training, in-service training, extramural classes, vocational education, continuing education among others) in order to develop towards the information society trends; this is because Adult Education is a process of transforming an individual through acquisition of relevant skills and knowledge for personal as well as societal development. Evidence abounds in the literature that Adult Education has not only assisted people in the medieval period but still assisting people in this modern society in changing and transforming their lives for a better living. This study, therefore, raised a salient question that with different ideas and innovations brought by the contemporary world, is Adult Education relevant? It is on this basis that this study intends to examine the relevance of Adult Education in the past and present in order to determine its future relevance.Keywords: adult education, multi and inter-disciplinary, knowledge society, skill acquisition
Procedia PDF Downloads 3508490 Nature of Maritime Dispute Resolution by Arbitration: USA as a Reference Point
Authors: Thusitha B. Abeysekara, M. A. Nihal Chandrathilake
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The aim of this research is to examine the legal mechanism of resolving maritime disputes by arbitration, and it would be a reference point on the analysis of USA approaches. In doing so, the research aims to analyse the relevant legal principles in the context of current maritime arbitration practices in selected jurisdictions. The research also aims to analyse the advantages and applicability of arbitration in maritime dispute settlements over the litigation and further approaches the role of specialist maritime arbitration institutes in the USA and the position of international merchant organizations in maritime arbitration. Further, research values the legislative aspects of maritime arbitration. The study would evaluate the contemporary issues in maritime arbitration practices in the USA and further analyses the statistical information on maritime arbitration. Finally, the research made remarks to often parallel consequence in USA legal systems in maritime arbitration and despite the fundamental divergences of the applicable principles and practices of maritime arbitration. The research finally suggests the doctrine should reshape with equitable remedies and international maritime arbitration practices with its institutional impact rather than using as statutory rules related maritime arbitration.Keywords: arbitration, international shipping, maritime dispute, New York convention
Procedia PDF Downloads 2238489 Jewish Law in the State of Israel: Law, Religion and State
Authors: Yuval Sinai
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As part of the historical, religious and cultural heritage of the Jewish people, Jewish law is part of the legal system in Israel, which is a Jewish and democratic state. The proper degree of use of Jewish law in judicial decisions is an issue that crops up in Israeli law from time to time. This was a burning question in the 1980s in the wake of the enactment of the Foundations of Law Act 1980, which declared Jewish heritage a supplementary legal method to Israeli law. The enactment of the Basic Law: Human Dignity and Liberty 1992, which decreed that the basic Israeli legal principles must be interpreted in light of the values of a Jewish and democratic state, marks a significant change in the impact of Judaism in the law created and applied by the courts. Both of these legislative developments revived the initiative to grant a central status to Jewish law within the state law. How should Jewish law be applied in Israel’s secular courts? This is not a simple question. It is not merely a question of identifying the relevant rule of Jewish law or tracing its development from the Talmud to modern times. Nor is it the same as asking how a rabbinic court would handle the issue. It is a matter of delicate judgment to distill out of the often conflicting Jewish law sources a rule that will fit into the existing framework of Israeli law so as to advance a policy that will best promote the interests of Israel’s society. We shall point out the occasional tensions between Jewish religious law and secular law, and introduce opinions as to how reconciliation of the two can best be achieved in light of Jewish legal tradition and in light of the reality in the modern State of Israel.Keywords: law and religion, israel, jewish law, law and society
Procedia PDF Downloads 728488 Artificial Intelligence Created Inventions
Authors: John Goodhue, Xiaonan Wei
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Current legal decisions and policies regarding the naming as artificial intelligence as inventor are reviewed with emphasis on the recent decisions by the European Patent Office regarding the DABUS inventions holding that an artificial intelligence machine cannot be an inventor. Next, a set of hypotheticals is introduced and examined to better understand how artificial intelligence might be used to create or assist in creating new inventions and how application of existing or proposed changes in the law would affect the ability to protect these inventions including due to restrictions on artificial intelligence for being named as inventors, ownership of inventions made by artificial intelligence, and the effects on legal standards for inventiveness or obviousness.Keywords: Artificial intelligence, innovation, invention, patent
Procedia PDF Downloads 1778487 Challenges of New Technologies in the Field of Criminal Law: The Protection of the Right to Privacy in the Spanish Penal Code
Authors: Deborah Garcia-Magna
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The use of new technologies has become widespread in the last decade, giving rise to various risks associated with the transfer of personal data and the publication of sensitive material on social media. There are already several supranational instruments that seek to protect the citizens involved in this growing traffic of personal information and, especially, the most vulnerable people, such as minors, who are also the ones who make the most intense use of these new means of communication. In this sense, the configuration of the concept of privacy as a legal right has necessarily been influenced by these new social uses and supranational instruments. The researcher considers correct the decision to introduce sexting as a new criminal behaviour in the Penal Code in 2015, but questions the concrete manner in which it has been made. To this end, an updated review of the various options that our legal system already offered is made, assessing whether these legal options adequately addressed the new social needs and guidelines from jurisprudence and other supranational instruments. Some important issues emerge as to whether the principles of fragmentarity and subsidiarity may be violated since the new article 197.7 of the Spanish Penal Code could refer to very varied behaviours and protect not only particularly vulnerable persons. In this sense, the research focuses on issues such as the concept of 'seriousness' of the infringement of privacy, the possible reckless conduct of the victim, who hang over its own private material to third parties, the affection to other legal rights such as freedom and sexual indemnity, the possible problems of concurrent offences, etc.Keywords: criminal law reform, ECHR jurisprudence, right to privacy, sexting
Procedia PDF Downloads 1958486 The EU’s Role in Exporting Digital Privacy and Security Standards: A Legal Framework for Global Normative Diffusion
Authors: Yuval Reinfeld
Abstract:
This paper explores the European Union’s expanding influence as a global regulatory power, particularly in the realms of legal, security, and privacy challenges within the digital landscape. As digital regulation becomes increasingly vital, the EU has positioned itself as a leading exporter of privacy and cybersecurity standards through landmark frameworks like the General Data Protection Regulation (GDPR), the Artificial Intelligence Act (AIA), and the Digital Services Act (DSA). These regulations have set global benchmarks, extending their influence well beyond Europe’s borders by shaping legal frameworks in third countries and guiding the development of global digital governance. Central to this regulatory diffusion is the European Court of Justice (CJEU), whose rulings consistently reinforce and extend the reach of EU standards on an international scale. Through mechanisms such as trade agreements, adequacy decisions, and multilateral cooperation, the EU has constructed a regulatory ecosystem that other jurisdictions increasingly adopt. This paper investigates key CJEU cases to illustrate how the EU’s legal instruments in privacy, security, and AI contribute to its role as a global standard-setter. By examining the intersection of digital governance, international law, and normative power, this research provides a thorough analysis of the EU’s regulatory impact on global privacy, cybersecurity, and AI frameworks.Keywords: digital privacy, cybersecurity, GDPR, European Union Law, artificial intelligence, global normative power
Procedia PDF Downloads 27