Search results for: responsibility to protect

Authors: O. A. Ajigini, E. N. Mwim

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Cybersecurity is the protection of computers, programs, networks, and data from attack, damage, unauthorised, unintended access, change, or destruction. Organisations collect, process and store their confidential and sensitive information on computers and transmit this data across networks to other computers. Moreover, the advent of internet technologies has led to various cyberattacks resulting in dangerous consequences for organisations. Therefore, with the increase in the volume and sophistication of cyberattacks, there is a need to develop models and make recommendations for the management of cybersecurity threats in organisations. This paper reports on various threats that cause malicious damage to organisations in cyberspace and provides measures on how these threats can be eliminated or reduced. The paper explores various aspects of protection measures against cybersecurity threats such as handling of sensitive data, network security, protection of information assets and cybersecurity awareness. The paper posits a model and recommendations on how to manage cybersecurity threats in organisations effectively. The model and the recommendations can then be utilised by organisations to manage the threats affecting their cyberspace. The paper provides valuable information to assist organisations in managing their cybersecurity threats and hence protect their computers, programs, networks and data in cyberspace. The paper aims to assist organisations to protect their information assets and data from cyberthreats as part of the contributions toward community engagement.

Keywords: confidential information, cyberattacks, cybersecurity, cyberspace, sensitive information

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Authors: Luana Mathias Souto

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The situation about women’s rights it’s a sensitive issue when it’s talking about human rights. More difficult its find a way to protect these rights. Aware of this problem, this article aims to analyze the women’s rights in the Brazilian context, mainly, the reproductive rights. So, to achieve this purpose, this paper through the combination of Law, philosophy, and Literature tries to rethinking why women can’t have a voice when the decisions about their rights are taken. Methodologically, it was used as an interdisciplinary bibliographical revision between Law, philosophy, and Literature. From Literature it brings the contributions from the life-narratives as an instrument to promote human rights. Besides the life-narratives theory, it’s also used the novel The Handmaid’s tale from Margaret Atwood, which became a symbol to reflect about reproductive rights. From philosophy, it’s adopted the concepts of Homo sacer and state of exception developed by the philosopher Giorgio Agamben. The contributions of these different researches fields made possible to conclude that women are Homo sacer because governments ignore their voices and opinions when they talk about abortion. The control of the human body, mainly, women bodies it’s more important than preserving some fundamental rights and because of this, it’s so difficult to preserve and promote the human rights. Based on these conclusions, it is understood that when the state is incapable or does not want to guarantee the adequate protection of human rights, it is up to society through its various means to find ways to protect them, and this is the main proposal sought by this article.

Keywords: dystopian fiction, human rights, life-narratives, state of exception

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Authors: Eid Nasr Saad Nasr

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Although human rights protection in the industrial sector has increased, human rights violations continue to occur. Although the government has passed human rights laws, labor laws, and an international treaty ratified by the United States, human rights crimes continue to occur and go undetected. The growing number of textile companies in Bekasi is also leading to an increase in human rights violations as the government has no obligation to protect them. The United States government and business leaders should respect, protect and defend the human rights of workers. The article discusses the human rights violations faced by garment factory workers in the context of the law, as well as ideas for improving the protection of workers' rights. The connection between development and human rights has long been the subject of academic debate. Therefore, to understand the dynamics between these two concepts, a number of principles have been adopted, ranging from the right to development to a human rights-based approach to development. Despite these attempts, the precise connection between development and human rights is not yet fully understood. However, the inherent interdependence between these two concepts and the idea that development efforts must respect human rights guarantees has gained momentum in recent years. It will then be examined whether the right to sustainable development is recognized.

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

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Authors: Nandini Paliwal

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Since aviation industry is one of the fastest growing sectors of the world economy, states depend on the air transport industry to maintain or stimulate economic growth. It significantly promotes and contributes to the economic well-being of every nation as well as world in general. Because of the continuous and rapid growth in civil aviation, it is inevitably leading to congested skies, flight delays and most alarmingly, a decrease in the safety of air navigation facilities. Safety is one of the most important concerns of aviation industry that has been unanimously recognised across the whole world. The available capacity of the air navigation system is not sufficient for the demand that is being generated. It has been indicated by forecast that the current growth in air traffic has the potential of causing delays in 20% of flights by 2020 unless changes are brought in the current system. Therefore, a safe, orderly and expeditious air navigation system is needed at the national and global levels, which, requires the implementation of an air traffic management (hereinafter referred as ‘ATM’) system to ensure an optimum flow of air traffic by utilising and enhancing capabilities provided by technical advances. The objective of this paper is to analyse the applicability of national regulations in case of liability arising out of air traffic management services and whether the current legal regime is sufficient to cover multilateral agreements including the Single European Sky regulations. In doing so, the paper will examine the international framework mainly the Article 28 of the Chicago Convention and its relevant annexes to determine the responsibility of states for providing air navigation services. Then, the paper will discuss the difference between the concept of responsibility and liability under the air law regime and how states might claim sovereign immunity for the functions of air traffic management. Thereafter, the paper will focus on the cross border agreements including the bilateral and multilateral agreements. In the end, the paper will address the scheme of Single European Sky and the need for an international convention dealing with the liability of air navigation service providers. The paper will conclude with some suggestions for unification of the laws at an international level dealing with liability of air navigation service providers and the requirement of enhanced co-operation among states in order to keep pace with technological advances.

Keywords: air traffic management, safety, single European sky, co-operation

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Authors: Debdatta Mukherjee, Abhiman Das, Amit Garg

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In recent years, there is a growing interest about corporate social responsibility of firms in both academic literature and business world. Since business forms a part of society incorporating socio-environment concerns into its value chain, activities are vital for ensuring mutual sustainability and prosperity. But, until now most of the works have been either descriptive or normative rather than positivist in tone. Even the few ones with a positivist approach have mostly studied the link between corporate financial performance and corporate social performance. However, these studies have been severely criticized by many eminent authors on grounds that they lack a theoretical basis for their findings. They have also argued that apart from corporate financial performance, there must be certain other crucial influences that are likely to determine corporate social performance of firms. In fact, several studies have indicated that firms operating in distinct national institutions show significant variations in the corporate social responsibility practices that they undertake. This clearly suggests that the institutional context of a country in which the firms operate is a key determinant of corporate social performance of firms. Therefore, this paper uses an institutional framework to understand why corporate social performance of firms vary across countries. It examines the impact of country level institutions on corporate social performance using a sample of 3240 global publicly-held firms across 33 countries covering the period 2010-2015. The country level institutions include public institutions, private institutions, markets and capacity to innovate. Econometric Analysis has been mainly used to assess this impact. A three way panel data analysis using fixed effects has been used to test and validate appropriate hypotheses. Most of the empirical findings confirm our hypotheses and the economic significance indicates the specific impact of each variable and their importance relative to others. The results suggest that institutional determinants like ethical behavior of private institutions, goods market, labor market and innovation capacity of a country are significantly related to the corporate social performance of firms. Based on our findings, few implications for policy makers from across the world have also been suggested. The institutions in a country should promote competition. The government should use policy levers for upgrading home demands, like setting challenging yet flexible safety, quality and environment standards, and framing policies governing buyer information, providing innovative recourses to low quality goods and services and promoting early adoption of new and technologically advanced products. Moreover, the institution building in a country should be such that they facilitate and improve the capacity of firms to innovate. Therefore, the proposed study argues that country level institutions impact corporate social performance of firms, empirically validates the same, suggest policy implications and attempts to contribute to an extended understanding of corporate social responsibility and corporate social performance in a multinational context.

Keywords: corporate social performance, corporate social responsibility, institutions, markets

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Authors: Karam Aziz Hamdy Fahmy

Abstract:

Although human rights protection in the industrial sector has increased, human rights violations continue to occur. Although the government has passed human rights laws, labor laws, and an international treaty ratified by the United States, human rights crimes continue to occur and go undetected. The growing number of textile companies in Bekasi is also leading to an increase in human rights violations as the government has no obligation to protect them. The United States government and business leaders should respect, protect and defend the human rights of workers. The article discusses the human rights violations faced by garment factory workers in the context of the law, as well as ideas for improving the protection of workers' rights. The connection between development and human rights has long been the subject of academic debate. Therefore, to understand the dynamics between these two concepts, a number of principles have been adopted, ranging from the right to development to a human rights-based approach to development. Despite these attempts, the precise connection between development and human rights is not yet fully understood. However, the inherent interdependence between these two concepts and the idea that development efforts must respect human rights guarantees has gained momentum in recent years. It will then be examined whether the right to sustainable development is recognized.

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

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Authors: Vani Tanggamani, Azlan Amran

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The issues of Corporate Social Responsibility (CSR) have been extended from developmental economics to corporate and business in recent years. Research in issues related to CSR is deemed to make higher impacts as CSR encourages long-term economy and business success without neglecting social, environmental risks, obligations and opportunities. Therefore, CSR is a key matter for any organisation aiming for long term sustainability since business incorporates principles of social responsibility into each of its business decisions. Thus, this paper presents a theoretical proposition based on stakeholder theory from the organisational perspective as a foundation for better CSR practices. The primary subject of this paper is to explore how looping concept can be effectively embedded into corporate CSR strategy to foster sustainable long term growth. In general, the concept of a loop is a structure or process, the end of which is connected to the beginning, whereas the narrow view of a loop in business field means plan, do, check, and improve. In this sense, looping concept is a blend of balance and agility with the awareness to know when to which. Organisations can introduce similar pull mechanisms by formulating CSR strategies in order to perform the best plan of actions in real time, then a chance to change those actions, pushing them toward well-organized planning and successful performance. Through the analysis of an exploratory study, this paper demonstrates that approaching looping concept in the context of corporate CSR strategy is an important source of new idea to propel CSR practices by deepening basic understanding through the looping concept which is increasingly necessary to attract and retain business stakeholders include people such as employees, customers, suppliers and other communities for long-term business survival. This paper contributes to the literature by providing a fundamental explanation of how the organisations will experience less financial and reputation risk if looping concept logic is integrated into core business CSR strategy.The value of the paper rests in the treatment of looping concept as a corporate CSR strategy which demonstrates "looping concept implementation framework for CSR" that could further foster business sustainability, and help organisations move along the path from laggards to leaders.

Keywords: corporate social responsibility, looping concept, stakeholder theory, sustainable growth

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Authors: Jian Wu

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Since a few years, some French companies have integrated CRS (corporate social responsibility) criteria in their variable remuneration plans to ‘restore a good working atmosphere’ and ‘preserve the natural environment’. These CSR criteria are based on concerns on environment protection, social aspects, and corporate governance. In June 2012, a report on this practice has been made jointly by ORSE (which means Observatory on CSR in French) and PricewaterhouseCoopers. Facing this initiative from the business world, we need to examine whether it has a real economic utility. We adopt a theoretical approach for our study. First, we examine the debate between the ‘orthodox’ point of view in economics and the CSR school of thought. The classical economic model asserts that in a capitalist economy, exists a certain ‘invisible hand’ which helps to resolve all problems. When companies seek to maximize their profits, they are also fulfilling, de facto, their duties towards society. As a result, the only social responsibility that firms should have is profit-searching while respecting the minimum legal requirement. However, the CSR school considers that, as long as the economy system is not perfect, there is no ‘invisible hand’ which can arrange all in a good order. This means that we cannot count on any ‘divine force’ which makes corporations responsible regarding to society. Something more needs to be done in addition to firms’ economic and legal obligations. Then, we reply on some financial theories and empirical evident to examine the sound foundation of CSR. Three theories developed in corporate governance can be used. Stakeholder theory tells us that corporations owe a duty to all of their stakeholders including stockholders, employees, clients, suppliers, government, environment, and society. Social contract theory tells us that there are some tacit ‘social contracts’ between a company and society itself. A firm has to respect these contracts if it does not want to be punished in the form of fine, resource constraints, or bad reputation. Legitime theory tells us that corporations have to ‘legitimize’ their actions toward society if they want to continue to operate in good conditions. As regards empirical results, we present a literature review on the relationship between the CSR performance and the financial performance of a firm. We note that, due to difficulties in defining these performances, this relationship remains still ambiguous despite numerous research works realized in the field. Finally, we are curious to know whether the integration of CSR criteria in variable remuneration plans – which is practiced so far in big companies – should be extended to other ones. After investigation, we note that two groups of firms have the greatest need. The first one involves industrial sectors whose activities have a direct impact on the environment, such as petroleum and transport companies. The second one involves companies which are under pressures in terms of return to deal with international competition.

Keywords: corporate social responsibility, corporate governance, variable remuneration, stakeholder theory

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Authors: Jyh-Cherng Gu, Ming-Ta Yang, Chao-Fong Yan, Hsin-Yung Chung, Yung-Ruei Chang, Yih-Der Lee, Chen-Min Chan, Chia-Hao Hsu

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There are a number of distributed generations (DGs) installed in microgrid, which may have diverse path and direction of power flow or fault current. The overcurrent protection scheme for the traditional radial type distribution system will no longer meet the needs of microgrid protection. Integrating the intelligent electronic device (IED) and a supervisory control and data acquisition (SCADA) with IEC 61850 communication protocol, the paper proposes a microgrid protection management system (MPMS) to protect power system from the fault. In the proposed method, the MPMS performs logic programming of each IED to coordinate their tripping sequence. The GOOSE message defined in IEC 61850 is used as the transmission information medium among IEDs. Moreover, to cope with the difference in fault current of microgrid between grid-connected mode and islanded mode, the proposed MPMS applies the group setting feature of IED to protect system and robust adaptability. Once the microgrid topology varies, the MPMS will recalculate the fault current and update the group setting of IED. Provided there is a fault, IEDs will isolate the fault at once. Finally, the Matlab/Simulink and Elipse Power Studio software are used to simulate and demonstrate the feasibility of the proposed method.

Keywords: IEC 61850, IED, group Setting, microgrid

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Authors: Elisabetta Schievano, Valentina Zuccato, Claudia Finotello, Patricia Vit

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Control of honey frauds is needed in Ecuador to protect bee keepers and consumers because simple syrups and new syrups with eucalyptus are sold as genuine honeys. Authenticity of Ecuadorian commercial honeys was tested with a vortex emulsion consisting on one volume of honey:water (1:1) dilution, and two volumes of diethyl ether. This method allows a separation of phases in one minute to discriminate genuine honeys that form three phase and fake honeys that form two phases; 34 of the 42 honeys analyzed from five provinces of Ecuador were genuine. This was confirmed with 1H NMR spectra of honey dilutions in deuterated water with an enhanced aminoacid region with signals for proline, phenylalanine and tyrosine. Classic quality indicators were also tested with this method (sugars, HMF), indicators of fermentation (ethanol, acetic acid), and residues of citric acid used in the syrup manufacture. One of the honeys gave a false positive for genuine, being an admixture of genuine honey with added syrup, evident for the high sucrose. Sensory analysis was the final confirmation to recognize the honey groups studied here, namely honey produced in combs by Apis mellifera, fake honey, and honey produced in cerumen pots by Geotrigona, Melipona, and Scaptotrigona. This is a valuable contribution to protect honey consumers, and to develop the beekeeping industry in Ecuador.

Keywords: fake, genuine, honey, 1H NMR, Ecuador

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Authors: Qiang Ren

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A growing number of states are improving domestic law to better protect and promote foreign investment by changing/upgrading the existing law. However, inconsistency occurs because the new law is different from the ‘old’ law. For example, China has issued an unprecedented Foreign Investment Law and several regulations allowing comprehensive market access for foreign investment in most energy sectors since 2020. However, some laws, rules, regulations, etc. enacted previously remain valid, and the provisions regulating foreign investment do not grant full market access to foreign investment as such. The inconsistency above makes it necessary to investigatehow the international investment treaty law and dispute settlement practice respond to the ‘inconsistency and conflict’ in municipal law andwhat remedy foreign investors can seek under international law if the investment is denied due to inconsistency. Ultimately, it aims to examine how international tribunals should balance the gradually developing legal system of host states and the protection of foreign investors and investments if the host states cannot provide consistency during such a transition period of law development. The research seeks to answer these questions by making a comparative analysis of domestic law on market access to foreign investment, international investment treaties, and dispute arbitral practice. The objective is to examine how international investment treaty law and international investment dispute settlement practice evaluate the conflicts in the municipal law of host states in the admission of foreign investment. It also explores the possibility of harmonisation among them.

Keywords: municipal law, protect and promote foreign investment, international law, host states

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Authors: Nathan Moran, Robert Hanser, Attapol Kuanliang

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The purpose of this study is to determine the relationship between personal and social resources and burnout for police officers. Current conceptualizations of the condition of burnout are challenged as being too phenomenological and ambiguous, and consequently, not given to direct empirical testing. The conservation of resources model is based on the supposition that people strive to retain, protect, and build resources as a means to protect them from the impacts of burnout. The model proposes that the effects of stress (i.e. burnout) can be manifested in personal and professional attitudes and attributes, which can measure burnout using self-reports to provide strong support for the conservation of resources model, in that, personal and professional demands are related to the exhaustion component of burnout, whereas personal and professional resources can be compiled to counteract the negative impact of the burnout condition. Highly similar patterns of burnout resistance factors were witnessed in police officers in two department precincts (N:81). In addition, results confirmed the positive influence of key demographic variables in burnout resistance using the conservation of resources model. Participants in this study are all sheriff’s deputies with a populous county in a Pacific Northwestern state (N = 274). Four instruments will be used in this quantitative study for data collection (a) a series of demographic questions, (b) the Organizational Citizenship Behavior, (c) the PANAS-X Scale (OCB: Watson& Clark, 1994), and (d) The Maslach Burnout Inventory.

Keywords: behavioral, burnout, law enforcement, quantitative

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Authors: Shilpa Vasavada

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One of the 17 SustainableDevelopmentGoals focuses on gender equality. The paper is based on the learning derived from working with two Corporate Social Responsibility cases in India: one, CSR of an International Corporate and the other, CSR of a multi state national level corporate -on their efforts to integrate gender perspective in their agriculture and livestock based rural livelihood programs. The author tries to dissect how ‘gender equality’ is seen by these two CSRs, where the goals are different. The implications of a CSR’sunderstandingon ‘gender equality’ as a goal; versus CSR’s understanding of working 'with women for enhancing quantity or quality of production’ gets reflected in their orientation to staff, resource allocation, strategic level and in processes followed at the rural grassroots level. The paper comes up with examples of changes made at programmatic front when CSR understands and works with the focus on gender equality as a goal. On the other hand, the paper also explores the differential, at times, the negative impact on women and the programmes;- when the goals differ. The paper concludes with recommendations for CSRs to take up at their resource allocation and strategic level if gender equality is the goal- which has direct implication at their grassroots programmatic work. The author argues that if gender equality has to be implemented actually in spirit by a CSR, it requires change in mindset and thus an openness to changes in strategies and resource allocation pattern of the CSR and not simply adding on women in the way intervention has been going on.

Keywords: gender equality, approaches, differential impact, resource allocation

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Authors: Jo Rhodes, Bruce Bergstrom, Peter Lok, Vincent Cheng

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The aim of this study is to determine key factors and processes for multinationals (MNCs) to develop an effective stakeholder engagement and sustainable development framework. A qualitative multiple-case approach was used. A triangulation method was adopted (interviews, archival documents and observations) to collect data on three global firms (MNCs). 9 senior executives were interviewed for this study (3 from each firm). An initial literature review was conducted to explore possible practices and factors (the deductive approach) to sustainable development. Interview data were analysed using Nvivo to obtain appropriate nodes and themes for the framework. A comparison of findings from interview data and themes, factors developed from the literature review and cross cases comparison were used to develop the final conceptual framework (the inductive approach). The results suggested that stakeholder engagement is a key mediator between ‘stakeholder network’ (internal and external factors) and outcomes (corporate social responsibility, social capital, shared value and sustainable development). Key internal factors such as human capital/talent, technology, culture, leadership and processes such as collaboration, knowledge sharing and co-creation of value with stakeholders were identified. These internal factors and processes must be integrated and aligned with external factors such as social, political, cultural, environment and NGOs to achieve effective stakeholder engagement.

Keywords: stakeholder, engagement, sustainable development, shared value, corporate social responsibility

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Authors: M. Bokhtiar Hasan, M. Delowar Hossain, Abu N. M. Wahid

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The principal aim of the study is to find out a way to effectively manage the agricultural risks like price volatility, weather risks, and fund shortage. To hedge price volatility, farmers sometimes make contracts with agro-traders but fail to protect themselves effectively due to not having legal framework for such contracts. The study extensively reviews existing literature and find evidence that the majority studies either deal with price volatility or weather risks. If we could address these risks through a single model, it would be more useful to both the farmers and traders. Intrinsically, the authors endeavor in this regard, and the key contribution of this study basically lies in it. Initially, we conduct a small survey aspiring to identify the shortcomings of existing contracts. Later, we propose a model encompassing forward and insurance contracts together where forward contract will be used to hedge price volatility and insurance contract will be used to protect weather risks. Contribution/Originality: The study adds to the existing literature through proposing an integrated model comprising of forward contract and crop insurance which will support both farmers and traders to cope with the agricultural risks like price volatility, weather hazards, and fund shortage. JEL Classifications: O13, Q13

Keywords: agriculture, forward contract, insurance contract, risk management, model

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Authors: Marina Galakhova

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Nowadays, language variants, as well as minority languages and cultures, are of increased interest, and the desire to protect them is rising. The Maori language is defined as a vulnerable language by UNESCO. Its usage is confined to intra-family communication. It is not being utilized by the younger generation or being taught at an early age; therefore, it is being replaced by more frequently used languages. Maori loanwords are a unique part of New Zealand English. That is why it is worth our attention. The aim of this study is to investigate Maori cultural loanwords in the New Zealand media. Methods of analysis of lexical units, etymological interpretation, and linguocultural commenting were used. The results of the research show that Maori borrowings are used in the media, not only with regard to Maori people but also to the whole nation. The Maori language is often used in media texts, most often without a translation in English. Not only are words borrowed, but also cultural concepts. The language usage is limited to the following spheres: everyday life, education, religion, and media. The conclusion can also be drawn that Maori words are used to emphasize a new bicultural national identity; the revival of the Maori language and culture contributed to a large number of borrowings into New Zealand English. It has been established that the Maori language is substratum because Maori provides an intrusive language, which is English with language material. It is stated that the number of borrowings denoting Maori culture is very significant. This group is even greater than the group relating to flora and fauna. Language policy in New Zealand is designed to protect and promote the Maori language and culture. Tables of Maori loanwords are also presented.

Keywords: loanwords, Maori, minority languages, New Zealand

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Authors: Yasmin Umar Assegaf, Falikhatun, Salamah Wahyuni

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This study aims to provide empirical evidence about the influence of Islamic Corporate Social Responsibility Disclosures of the financial performance of Islamic banking with the characteristics of the company, as a control variable in Islamic banking in Indonesia. ICSR disclosures are an independent variable, while the Financial Performance is the dependent variable (proxied by Return on Assets (ROA), Return on Equity (ROE), Income Expense Ratio (IER), and Non-net Interest Margin (NIM). The control variables used are firm size, firm age and the type of audit. The population of the study was all Islamic Banks (BUS) operate in Indonesia. The research sample is Islamic Commercial Bank which has existed in Indonesia since 2002 and publishes financial statements between the years of 2007-2011. The sample of the study were include 31 Annual Report published. The results of this study concluded that there are significant influences between the ICSR Disclosures and financial performance. The disclosure is partially effect on ROA, IER and NIM, whereas there is no influence on ROE. Further result shows that all control variables (Firm Size, Age, and Type of Audit Companies) does not have any influence on ICSR Disclosures in Indonesia. This research gives a suggestion for further research to compare these ICSR disclosures in Indonesia with ICSR disclosures in other countries that have Islamic banking, by using other measure variables of financial performance, to get more comprehensive model and real picture.

Keywords: ROA, ROE, IER, NIM, company size, age of the company, audit type, Islamic banking

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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

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Authors: Keith Diamond, Tracy Collier, Ciara Sterling, Ben Kraal

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The increased frequency and intensity of disaster events in the Asia-Pacific region is likely to require organisations to better understand how their initiatives, and the support they provide to their customers, intersect with other organisations aiming to support communities in achieving disaster resilience. While there is a growing awareness that disaster response and recovery rebuild programmes need to adapt to more integrated, community-led approaches, there is often a discrepancy between how programmes intend to work and how they are collectively experienced in the community, creating undesired effects on community resilience. Following Australia’s North Queensland Monsoon Disaster of 2019, this research set out to understand and evaluate how the service and support ecosystem impacted on the local community’s experience and influenced their ability to respond and recover. The purpose of this initiative was to identify actionable, cross-sector, people-centered improvements that support communities to recover and thrive when faced with disaster. The challenge arose as a group of organisations, including utility providers, banks, insurers, and community organisations, acknowledged that improving their own services would have limited impact on community wellbeing unless the other services people need are also improved and aligned. The research applied human-centred service design methods, typically applied to single products or services, to design a new way to understand a whole-of-community journey. Phase 1 of the research conducted deep contextual interviews with residents and small business owners impacted by the North Queensland Monsoon and qualitative data was analysed to produce community journey maps that detailed how individuals navigated essential services, such as accommodation, finance, health, and community. Phase 2 conducted interviews and focus groups with frontline workers who represented industries that provided essential services to assist the community. Data from Phase 1 and Phase 2 of the research was analysed and combined to generate a systems map that visualised the positive and negative impacts that occurred across the disaster response and recovery service ecosystem. Insights gained from the research has catalysed collective action to address future Australian disaster events. The case study outlines a transformative way for sectors and industries to rethink their corporate social responsibility activities towards a cross-sector partnership model that shares responsibility and approaches disaster response and recovery as a single service that can be designed to meet the needs of communities.

Keywords: corporate social responsibility, cross sector partnerships, disaster resilience, human-centred design, service design, systems change

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Authors: Sylvia Graczka

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Waste related environmental problems are not only exploding but are also spotlighted for capacity shortages in recycling, as China announced its ban on waste imports. According to the waste hierarchy, prevention is the primary solution for waste, and also the cheapest. Waste related environmental pollution as externality puts an ever-growing burden on communities bearing the social costs. Economic policies often claim to be pro-environment, this often appears only theoretically, or at the level of principles. There are few concrete occurrences of tools in economic policies, such as green taxes, that are truly effective in stimulating the shift towards waste reduction. The paper presents theoretical economic policy tools based on literature review, and case studies on applied economic policy tools by analyzing policy papers, strategies in force, in line with ‘polluter pays’ and ‘extended producer responsibility’ principles. The study also emphasizes the differences between the broader notion of waste reduction and that of waste minimization, parallel to the difference between resource efficiency and resource savings. It also puts the issue in the context of neoclassical environmental economics and ecological economics, to present alternatives in approach. The research concludes in identifying effective economic policy tools that support the reduction of material use, and the prevention of waste. Consumer and producer awareness of waste problems and consciousness related to their choices are inevitable to make economic policy tools work effectively.

Keywords: economic policy, producer responsibility, resource efficiency, waste prevention

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Authors: Rina Arum Prastyanti

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Information technology has changed the ways of transacting and enabling new opportunities in business transactions. Problems to be faced by consumers M Commerce, among others, the consumer will have difficulty accessing the full information about the products on offer and the forms of transactions given the small screen and limited storage capacity, the need to protect children from various forms of excess supply and usage as well as errors in access and disseminate personal data, not to mention the more complex problems as well as problems agreements, dispute resolution that can protect consumers and assurance of security of personal data. It is no less important is the risk of payment and personal information of payment dal am also an important issue that should be on the swatch solution. The purpose of this study is 1) to describe the phenomenon of the use of Mobile Commerce in Indonesia. 2) To determine the form of legal protection for the consumer use of Mobile Commerce. 3) To get the right type of law so as to provide legal protection for consumers Mobile Commerce users. This research is a descriptive qualitative research. Primary and secondary data sources. This research is a normative law. Engineering conducted engineering research library collection or library research. The analysis technique used is deductive analysis techniques. Growing mobile technology and more affordable prices as well as low rates of provider competition also affects the increasing number of mobile users, Indonesia is placed into 4 HP users in the world, the number of mobile phones in Indonesia is estimated at around 250.1 million telephones with a population of 237 556. 363. Indonesian form of legal protection in the use of mobile commerce still a part of the Law No. 11 of 2008 on Information and Electronic Transactions and until now there is no rule of law that specifically regulates mobile commerce. Legal protection model that can be applied to protect consumers of mobile commerce users ensuring that consumers get information about potential security and privacy challenges they may face in m commerce and measures that can be used to limit the risk. Encourage the development of security measures and built security features. To encourage mobile operators to implement data security policies and measures to prevent unauthorized transactions. Provide appropriate methods both time and effectiveness of redress when consumers suffer financial loss.

Keywords: mobile commerce, legal protection, consumer, effectiveness

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Authors: Susanna Menis

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The context of this study revolves around the theme of consent and the construction of unlawfulness in judicial decisions. It aims to explore the formation of societal perceptions of unlawfulness within the context of consensual sexual acts leading to harmful consequences. This study investigates how judges create legal rules that reflect social solidarity and protect against violence. Specifically, the research aims to understand the justification behind criminalising consensual sexual activity when categorised under different offences. The main question addressed in this study will evaluate the way judges create legal rules that they believe reflect social solidarity and protect against violence. The study employs a historical genealogy approach as its methodology. This approach allows for tracing back the original formation of societal perspectives on unlawfulness, thus highlighting the socially constructed nature of the present understanding. The data for this study will be collected through an extensive literature review, examining historical legal cases and documents that shape the understanding of unlawfulness. This will provide a comprehensive view of how social attitudes toward private sexual relations influenced the creation of legal rules. The theoretical importance of this research lies in its contribution to socio-legal scholarship. This study adds to the existing knowledge on the topic by exploring questions of unconscious bias and its origins. The findings shed light on how and why individuals possess unconscious biases, particularly within the judicial system. In conclusion, this study investigates judicial decisions concerning consensual sexual acts and the construction of unlawfulness. By employing a historical genealogy approach, the research sheds light on how judges create legal rules that reflect social solidarity and aim to protect against violence. The theoretical importance of this study lies in its contribution to understanding unconscious bias and its origins within the judicial system. Through data collection and analysis procedures, this study aims to provide valuable insights into the formation of social attitudes towards private sexual relations and its impact on legal rulings.

Keywords: consent, sexual offences, offences against the person, legal genealogy, social construct

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Authors: Amalka Nawarathna, Nirodha Fernando, Zaid Alwan

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Global carbon reduction is not merely a responsibility of environmentally advanced developed countries, but also a responsibility of developing countries regardless of their less impact on global carbon emissions. In recognition of that, Sri Lanka as a developing country has initiated promoting green building construction as one reduction strategy. However, notwithstanding the increasing attention on Embodied Carbon (EC) reduction in the global building sector, they still mostly focus on Operational Carbon (OC) reduction (through improving operational energy). An adequate attention has not yet been given on EC estimation and reduction. Therefore, this study aims to identify the reasons for the slow uptake of EC estimation in the Sri Lankan building sector. To achieve this aim, 16 numbers of global barriers to estimate EC were identified through existing literature. They were then subjected to a pilot survey to identify the significant reasons for the slow uptake of EC estimation in the Sri Lankan building sector. A questionnaire with a three-point Likert scale was used to this end. The collected data were analysed using descriptive statistics. The findings revealed that 11 out of 16 challenges/ barriers are highly relevant as reasons for the slow uptake in estimating EC in buildings in Sri Lanka while the other five challenges/ barriers remain as moderately relevant reasons. Further, the findings revealed that there are no low relevant reasons. Eventually, the paper concluded that all the known reasons are significant to the Sri Lankan building sector and it is necessary to address them in order to upturn the attention on EC reduction.

Keywords: embodied carbon emissions, embodied carbon estimation, global carbon reduction, Sri Lankan building sector

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Authors: Eva Čáslavová, Andrej Višněvský

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This research focused on the dimensions of brand personality of the Ice Hockey World Championship sporting event. The authors compared the elements in relation to different demographic groups including gender, age, level of education and student status of the population of Prague. Moreover, the differences of opinions of respondents who had experience of visiting a sports event and those who had not were assessed. In the research, the modified brand personality scale was used. This modified scale consists of five dimensions: responsibility, activity, toughness, individuality and emotionality, none of which was previously tested. The authors had an intentional sample of 291 respondents from Prague available, ranging in age from 18 years to 75 years, with either a high school or university education. The respondents rated the characteristic features in a seven-point Likert Scale and the data was collected in November 2012. The results suggest that the Ice Hockey World Championship is most identified with these dimensions: responsibility, emotionality and activity. Men had higher mean scores (4.93) on the Likert Scale in the emotionality dimension, while women had higher mean scores (4.91) in the activity dimension. Those respondents with experience visiting an Ice Hockey World Championship match had the highest mean score (5.10) in the emotionality dimension. This research had expected to show more pronounced mean values (above six) on the Likert scale in the emotionality and activity dimensions that more strongly characterize the brand personality of the Ice Hockey World Championship, however this expectation was not confirmed.

Keywords: dimensions, brand personality, ice hockey, international sports event, marketing

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Authors: Jingchen Zhao

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Corporate social responsibility (CSR), a major contemporary focus for companies, governments, NGOs and communities, is discussed from a multi-disciplinary perspective. The term is introduced and defined to achieve a combination of economic, social, environmental and philanthropic goals, and its adoption in company law legislations in a few jurisdictions is discussed. Despite its positive social and environmental impacts, the notion has been widely criticised for being ill-defined and fundamentally flawed in the domain of corporate law. The value and effectiveness of CSR have been interrogated for many reasons, always inter-related. This article aims to consider and address some of these problems and assess how CSR could be sharpened and made more effective through the lens of accountability, focussing on the rationale behind and the means of regulation of CSR. The article aims to achieve two interrelated goals. First, it examines the function of accountability in the arguments in favour of CSR by investigating the extent to which the notion of accountability could be used as a criterion for regulating CSR, so that companies may be held accountable for corporate decisions affecting their stakeholders. Second, this article will examine the scope and goals of CSR and board accountability, creating the possibility of a more comprehensive understanding of the two notions from an interactive perspective. In order to link CSR and accountability closely to generate a more appropriate definition of CSR that is could be more appropriately and effectively applied in corporate law, the concept of corporate social accountability (CSA) will be evaluated, with the aim of broadening its latitude beyond disclosure. This will involve a rigorous assessment of the process of fulfilling directors’ duties via questioning from stakeholder groups during meetings or committees, together with explanations and justifications from the board. This will be followed by discussions on enforcement measures in relation to the concept of CSA.

Keywords: corporate governance, CSR, board accountability, corporate law

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Authors: Mohd Khairezan Rahmat

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Since the impetus of becoming a develop country by the year 2020, the Malaysian government have been proactive in strengthening the integration of ICT into the national educational system. Teacher-education programs have the responsibility to prepare the nation future teachers by instilling in them the desire, confidence, and ability to fully utilized the potential of ICT into their instruction process. In an effort to fulfill this responsibility, teacher-education program are beginning to create alternatives means for preparing cutting-edge teachers. One of the alternatives is the student’s learning portal. In line with this mission, this study investigates the Faculty of Education, University Teknologi MARA (UiTM) pre-service teachers’ perception of usefulness, attitude, and ability toward the usage of the university learning portal, known as iLearn. The study also aimed to predict factors that might hinder the pre-service teachers’ decision to used iLearn as their platform in learning. The Structural Equation Modeling (SEM), was employed in analyzed the survey data. The suggested findings informed that pre-service teacher’s successful integration of the iLearn was highly influenced by their perception of usefulness of the system. The findings also suggested that the more familiar the pre-service teacher with the iLearn, the more possibility they will use the system. In light of similar study, the present findings hope to highlight the important to understand the user’s perception toward any proposed technology.

Keywords: e-learning, prediction factors, pre-service teacher, structural equation modeling (SEM)

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Authors: Solly M. Seeletse, Joel L. Thabane

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Students enrolling at the Sefako Makgatho Health Sciences University (SMU) come mostly from the previously disadvantaged communities of South Africa. Their backgrounds are deprived in resources and modern technologies of education. Most of those admitted in the basic sciences were rejected in medicine and health related study programmes in SMU. Mathematics (maths) is the main subject for admission into SMU study programmes. However, maths results are usually low. In an attempt to help to prepare the students in the neighbourhood schools of SMU, some Maths educators partnered with local schools to communicate the needs and investigate the causes of poor maths results. They embarked on an action research to determine the level of educators’ maths education. The general aim of the research was to investigate the causes of deficiencies in maths teaching and results in the local secondary schools, focusing on teachers and learners. Asking the teachers about their education and learners about maths concepts of most difficulty, these were identified. The researchers assisted in teaching the difficult concepts. The study highlighted the most difficult concepts and the teachers’ lack of training in some content. Intervention of the researchers showed to be effective only for the very poor performing schools. Those with descent pass rates of over 50% did not benefit from it. This was the sign of lack of optimality in the methods used. The research recommendations suggested that intervention methods should be improved to be effective in all schools, and extension of the endeavours to more schools.

Keywords: action research, intervention, social responsibility, support

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Authors: Kuo-Wei Hsu, Wei-Chin Lo

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In these years, urban agriculture development has been wide spreading all over the world. The development of urban agriculture is an evolution process of highly urbanization, as well as an agricultural phenomenon closely related to the development of economy, society and culture in urban areas. It provides densely populated areas with multi-functional uses of land, impacting strategic development of both large and small towns in the area. In addition, the participation of social enterprises keeps industrial competitiveness and makes gains when facing rapid transformation of industrial structures and new patterns of lifestyles in urban areas. They create better living conditions as well as protect the environment with innovative business beliefs, which give new ways for development of urban agriculture. Also, through building up the value chain, these social enterprises are capable of creating value for urban agriculture. Most of research regarding to social enterprises currently explore the relationship between corporate responsibilities and its role play, operational mode and performance and organizational patterns. Merely some of them discuss the function of social entrepreneurship in the development of urban agriculture. Moreover, none of them have explored the value creation for development of urban agriculture processed by social enterprises, as well as how social enterprises operate to increase competitive advantages, which make it possible to achieve industrial innovation, increase corporate value and even provide services with value creation. Therefore, this research mainly reviews current business patterns and operational conditions of social enterprises. This research endowed social responsibilities, and discusses current development process of urban agriculture. This research adopts Value Chain perspective to discuss key factors for value creation with respect to the development of urban agriculture processed by social enterprises. Thereby after organization and integration this research develops the prospect of value creation referring to urban agriculture processed by social enterprises and builds the value chain for urban agriculture. In conclusion, this research explored the relationship between value chain and value creation, which relates to values of customer, enterprise, society and economy referring to the development of urban agriculture uniquely, in consideration of the participation of social enterprises, and hence built the connection between value chain and value creation in the development of urban agriculture by social enterprises. The research found, social enterprises help to enhance the connection between the enterprise value and society value, mold corporate image with social responsibility and create brand value, and therefore impact the increase of economic value.

Keywords: urban agriculture development, value chain, social enterprise, urban systems

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Authors: Seval Kizildag, Ozge Can Aran

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The effective intervention of counselors’ in conflict between spouses may be effective in increasing the quality of marital relationship. At this point, it is necessary for counselors to consider their own value systems at first and then reflect this correctly to the counseling process. For this reason, it is primarily important to determine the needs of counselors. Starting from this point of view, in this study, it is aimed to reveal the perspective of counselor candidates about the universal values in marriage relation. The study group of the survey was formed by sampling, which is one of the prospective sampling methods. As a criterion being a candidate for counseling area and having knowledge of the concepts of the Marriage and Family Counseling course is based, because, that candidate students have a comprehensive knowledge of the field and that students have mastered the concepts of marriage and family counseling will strengthen the findings of this study. For this reason, 61 counselor candidates, 32 (52%) female and 29 (48%) male counselor candidates, who were about to graduate from a university in south-east Turkey and who took a Marriage and Family Counseling course, voluntarily participated in the study. The average age of counselor candidates’ is 23. At the same time, 70 % of the parents of these candidates brought about their marriage through arranged marriage, 13% through flirting, 8% by relative marriage, 7% through friend circles and 2% by custom. The data were collected through Demographic Information Form and a form titled ‘Universal Values Form in Marriage’ which consists of six questions prepared by researchers. After the data were transferred to the computer, necessary statistical evaluations were made on the data. The qualitative data analysis was used on the data which was obtained in the study. The universal values which include six basic values covering trustworthiness, respect, responsibility, fairness, caring, citizenship, determined under the name as ‘six pillar of character’ are used as base and frequency values of the data were calculated trough content analysis. According to the findings of the study, while the value which most students find the most important value in marriage relation is being reliable, the value which they find the least important is to have citizenship consciousness. Also in this study, it is found out that counselor candidates associate the value of being trustworthiness ‘loyalty’ with (33%) as the highest in terms of frequency, the value of being respect ‘No violence’ with (23%), the value of responsibility ‘in the context of gender roles and spouses doing their owns’ with (35%) the value of being fairness ‘impartiality’ with (25%), the value of being caring ‘ being helpful’ with (25%) and finally as to the value of citizenship ‘love of country’ with (14%) and’ respect for the laws ‘ with (14%). It is believed that these results of the study will contribute to the arrangements for the development of counseling skills for counselor candidates regarding value in marriage and family counseling curricula.

Keywords: caring, citizenship, counselor candidate, fairness, marriage relationship, respect, responsibility, trustworthiness, value system

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Authors: Natalia Selezneva

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The level of crime depends on a number of factors, such as political and economic instability, social inequality and ineffective legislation. A special place in the overall level of crime takes juvenile delinquency. United Nations Standard Minimum developed rules for the administration of juvenile justice (The Beijing Rules), in order to ensure the rights of juvenile offenders under the various legal systems. Most countries support these recommendations, and Russia is no exception. Russia's criminal code establishes the minimum age of criminal liability; types of crimes for which the possible involvement of minors to justice; punishment; sentencing and execution of punishment for minors. However, these provisions cause heated debates in the scientific literature. The high level of juvenile crime indicates the ineffectiveness of legal regulation of criminal liability of minors. In order to ensure compliance with international standards require new and modern approaches to improve national legislation and practice of its application. Achieving this goal will be achieved through the following tasks: 1. Create sub-branches of law regulating the legal status of minors; 2. Improving the types of penalties; 3. The possibility of using alternative measures; 4. The introduction of the procedure of extrajudicial settlement of the conflict. The criminal law of each country depends on the historical, national and cultural characteristics. The development of the Russian legislation taking into account international experience is extremely essential and will be a new stage in the formation of a legal state, especially in the sphere of protection of the rights of juvenile offenders.

Keywords: criminal law, juvenile offender, punishment, the age of criminal responsibility

Procedia PDF Downloads 492