Search results for: 1999 Constitution
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 466

Search results for: 1999 Constitution

316 Democracy Leadership and Good Governance in Nigerias Fourth Republic

Authors: Salisu Adamu Abdullahi, Yusuf Abdullahi Manu

Abstract:

Nigeria returned to a democratically elected government on May 29, 1999. This signaled the beginning of the journey into the Fourth Republic. The return has received popular endorsement by the electorates as the level of enthusiasm was high due to the yearnings and expectations by the electorate that democracy will bring about the much-desired change required by the general mass. As democracy would allow for popular participation through periodic elections and so on. The paper examines democracy, leadership, and challenges of good governance in Nigerias Fourth Republic. It utilizes secondary source of data and content analysis as a methodology. It argues that Nigerias practice of democracy over the years is marred by flagrant abuse of the principles of good governance by the ruling elite. This has posed threats to the survival of democracy due to non-adherence to one of the cardinal principles of democracy which is good governance. The paper recommends among others that the anti-corruption law is amended in such a way that death penalties be issued to those found wanting by the law.

Keywords: democracy, democratic consolidation, challenges, good governance

Procedia PDF Downloads 316
315 Digital Repositories in Algerian Universities: Content and Search Possibilities

Authors: Hakim Benoumelghar

Abstract:

The launch in 1999 of the open access Initiative (OAI) and the protocol for sharing metadata, OAI-PMH, in parallel with the provision of deposit platforms, open-source software, such as DSpace in 2002, which allow libraries to develop digital repositories and play a leading role in the open access movement, and by building institutional open archives alongside the theme. This study focuses on Algerian universities and their projects and platforms for digital repositories of theses and scientific papers and the possibilities of access to the university community to develop research and access to archives of scientific digital content offered by the scientific community. This contribution attempts to compare Algerian and foreign institutional deposits in developed countries in order to have development and perspectives to facilitate scientific research and give more possibilities to the scientific community in documentary matters.

Keywords: digital repository, repository software, university, algeria

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314 Polish Adversarial Trial: Analysing the Fairness of New Model of Appeal Proceedings in the Context of Delivered Research

Authors: Cezary Kulesza, Katarzyna Lapinska

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Regarding the nature of the notion of fair trial, one must see the source of the fair trial principle in the following acts of international law: art. 6 of the ECHR of 1950 and art.14 the International Covenant on Civil and Political Rights of 1966, as well as in art. 45 of the Polish Constitution. However, the problem is that the above-mentioned acts essentially apply the principle of a fair trial to the main hearing and not to appeal proceedings. Therefore, the main thesis of the work is to answer the question whether the Polish model of appeal proceedings is fair. The paper presents the problem of fair appeal proceedings in Poland in comparative perspective. Thus, the authors discuss the basic features of English, German and Russian appeal systems. The matter is also analysed in the context of the last reforms of Polish criminal procedure, because since 2013 Polish parliament has significantly changed criminal procedure almost three times: by the Act of 27th September, 2013, the Act of 20th February, 2015 which came into effect on 1st July, 2015 and the Act of 11th March, 2016. The most astonishing is that these three amendments have been varying from each other – changing Polish criminal procedure to more adversarial one and then rejecting all measures just involved in previous acts. Additional intent of the Polish legislator was amending the forms of plea bargaining: conviction of the defendant without trial or voluntary submission to a penalty, which were supposed to become tools allowing accelerating the criminal process and, at the same time, implementing the principle of speedy procedure. The next part of the paper will discuss the matter, how the changes of plea bargaining and the main trial influenced the appellate procedure in Poland. The authors deal with the right to appeal against judgments issued in negotiated case-ending settlements in the light of Art. 2 of Protocol No. 7 to the ECHR and the Polish Constitution. The last part of the presentation will focus on the basic changes in the appeals against judgments issued after the main trial. This part of the paper also presents the results of examination of court files held in the Polish Appeal Courts in Białystok, Łódź and Warsaw. From these considerations it is concluded that the Polish CCP of 1997 in ordinary proceedings basically meets both standards: the standard adopted in Protocol No. 7 of the Convention and the Polish constitutional standard. But the examination of case files shows in particular the following phenomena: low effectiveness of appeals and growing stability of the challenged judgments of district courts, extensive duration of appeal proceedings and narrow scope of evidence proceedings before the appellate courts. On the other hand, limitations of the right to appeal against the judgments issued in consensual modes of criminal proceedings justify the fear that such final judgments may violate the principle of criminal accurate response or the principle of material truth.

Keywords: adversarial trial, appeal, ECHR, England, evidence, fair trial, Germany, Polish criminal procedure, reform, Russia

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313 A Scoping Review of Trends in Climate Change Research in Ghana

Authors: Emmanuel Bintaayi Jeil, Kabila Abass, David Forkuor, Divine Odame Appiah

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In Ghana, the nature and trends of climate change-related research are not clear. This study synthesises various research evidence on climate change published in Ghana between 1999 and 2018. Data for the review was gathered using a set of search words performed in Google Scholar, Web of Science, ProQuest, and ScienceDirect following scoping review guidelines stipulated by the Joanna Briggs Institute. Data were analysed using a scoping review. A total of 114 eligible articles were identified and included in the synthesis. Findings revealed that research on climate change in Ghana is growing steadily, and most of the studies were conducted in 2018. Trends in climate change research in Ghana relate to agriculture and development. There is a lack of attention on climate change issues related to women, water availability and management, and health. Future research should therefore focus on addressing these issues in addition to alternative livelihoods for vulnerable people.

Keywords: scoping review, trends, climate change, research, Ghana

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312 Peculiar Implications of Self Perceived Identity as Policy Tool for Transgender Recognition in Pakistan

Authors: Hamza Iftikhar

Abstract:

The research study focuses on the transgender community's gender recognition challenges. It is one of the issues for the transgender community, interacting directly with the difficulties of gender identity and the lives of these people who are facing gender disapproval from society. This study investigates the major flaws of the transgender act. The study's goal is to look into the strange implications of self-perceived identity as a policy tool for transgender recognition. This policy tool jeopardises the rights of Pakistan's indigenous gender-variant people as well as the country's legal and social framework. Qualitative research using semi structured interviews will be carried out. This study proposes developing a scheme for mainstreaming gender-variant people on the basis of the Pakistani Constitution, Supreme Court guidelines, and internationally recognised principles of law. This would necessitate a thorough review of current law using a new approach and reference point.

Keywords: transgender act, self perceived identity, gender variant, policy tool

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311 Islamic Finance in Tunisia: Reality and Development

Authors: Amira Kaddour, Hedia Teraoui, Khmayes Bougatef

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The main purpose of this paper is to determine the major causes of the underdevelopment of Islamic finance in Tunisia. Indeed, it’s surprising to note that Zitouna bank established in May 2010 is the first Islamic Tunisian bank although 99% of Tunisians are Muslim and Islam is the religion of the State according to the Constitution. So we rely in our paper on the opinions of number of professors of finance and economics as educated people to prove or reject our hypothesis that the underdevelopment of Islamic finance in Tunisia can be explained by the ignorance of its main principles and advantages. Ours findings reveal that this branch of finance is still largely unknown, not only from public but also from professionals. The results obtained surprisingly show that this insignificance of Islamic banking cannot be explained by the fact that Tunisia has been governed since its independence by a secular left-wing party. Indeed, only 3% of respondents believe that legislation and regulation in Tunisia represent an obstacle to the development of Islamic finance. Moreover, respondents are not very optimistic about the future role of Islamic financing.

Keywords: Islamic banking, Islamic insurance (takaful), Islamic law (shariah), usury (riba)

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310 Land Rights, Policy and Cultural Identity in Uganda: Case of the Basongora Community

Authors: Edith Kamakune

Abstract:

As much as Indigenous rights are presumed to be part of the broad human rights regime, members of the indigenous communities have continually suffered violations, exclusions, and threat. There are a number of steps taken from the international community in trying to bridge the gap, and this has been through the inclusion of provisions as well as the passing of conventions and declarations with specific reference to the rights of indigenous peoples. Some examples of indigenous people include theSiberian Yupik of St Lawrence Island; the Ute of Utah; the Cree of Alberta, and the Xosa andKhoiKhoi of Southern Africa. Uganda’s wide cultural heritage has played a key role in the failure to pay special attention to the needs of the rights of indigenous peoples. The 1995 Constitution and the Land Act of 1998 provide for abstract land rights without necessarily paying attention to indigenous communities’ special needs. Basongora are a pastoralist community in Western Uganda whose ancestral land is the present Queen Elizabeth National Park of Western Uganda, Virunga National Park of Eastern Democratic Republic of Congo, and the small percentage of the low lands under the Rwenzori Mountains. Their values and livelihood are embedded in their strong attachment to the land, and this has been at stake for the last about 90 Years. This research was aimed atinvestigating the relationship between land rights and the right to cultural identity among indigenous communities, looking at the policy available on land and culture, and whether the policies are sensitive of the specific issues of vulnerable ethnic groups; and largely the effect of land on the right to cultural identity. The research was guided by three objectives: to examine and contextualize the concept of land rights among the Basongora community; to assess the policy frame work available for the protection of the Basongora community; to investigate the forms of vulnerability of the Basongora community. Quantitative and qualitative methods were used. a case of Kaseseand Kampala Districts were purposefully selected .138 people were recruited through random and nonrandom techniques to participate in the study, and these were 70 questionnaire respondents; 20 face to face interviews respondents; 5 key informants, and 43 participants in focus group discussions; The study established that Land is communally held and used and thatit continues to be a central source of livelihood for the Basongora; land rights are important in multiplication of herds; preservation, development, and promotion of culture and language. Research found gaps in the policy framework since the policies are concerned with tenure issues and the general provisions areambiguous. Oftenly, the Basongora are not called upon to participate in decision making processes, even on issues that affect them. The research findings call forauthorities to allow Basongora to access Queen Elizabeth National Park land for pasture during particular seasons of the year, especially during the dry seasons; land use policy; need for a clear alignment of the description of indigenous communitiesunder the constitution (Uganda, 1995) to the international definition.

Keywords: cultural identity, land rights, protection, uganda

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309 The Development of Electronic Health Record Adoption in Indonesian Hospitals: 2008-2015

Authors: Adistya Maulidya, Mujuna Abbas, Nur Assyifa, Putri Dewi Gutiyani

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Countries are moving forward to develop databases from electronic health records for monitoring and research. Since the issuance of Information and Electonic Transaction Constitution No. 11 of 2008 as well as Minister Regulation No. 269 of 2008, there has been a gradual progress of Indonesian hospitals adopting Electonic Health Record (EHR) in its systems. This paper is the result of a literature study about the progress that has been made in Indonesia to develop national health information infrastructure through EHR within the hospitals. The purpose of this study was to describe trends in adoption of EHR systems among hospitals in Indonesia from 2008 to 2015 as well as to assess the preparedness of Indonesian national health information infrastructure facing ASEAN Economic Community.

Keywords: adoption, Indonesian hospitals, electronic health record, ASEAN economic community

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308 Simulating the Unseen: David Cronenberg’s Body Horror through Baudrillard’s Lens

Authors: Mario G. Rodriguez

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This paper undertakes an in-depth exploration of David Cronenberg's filmography through Jean Baudrillard's theory of simulacra and simulation. Little has been written to show how Cronenberg’s cinema exemplifies Baudrillard’s conceptualization of postmodernity. The study employs Baudrillard’s historical orders of simulacra, as well as his definitions of hyperreality and simulation, to recontextualize Cronenberg’s films in an era characterized by the increasing influence of media and technology and Cronenberg's oeuvre presents a compelling canvas for examining the interplay between the real and the simulated. Through films like "Videodrome" (1983), "The Fly" (1986), and "eXistenZ" (1999), Cronenberg navigates the complex terrain of the human body, technology, and societal perceptions, echoing Baudrillard's concerns about the hyperreal and the dissolution of reality. The study concludes with a consideration of the role of "body-horror" as it pertains to Baudrillard's theory. It sheds light on how fear of loss of bodily autonomy, the relationship between technology and the human body, and the intersection of science, medicine, and horror reflect the nature of hyperreality and simulation.

Keywords: Cronenberg, hyperreality, simulation, Baudrillard

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307 Unveiling Special Policy Regime, Judgment, and Taylor Rules in Tunisia

Authors: Yosra Baaziz, Moez Labidi

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Given limited research on monetary policy rules in revolutionary countries, this paper challenges the suitability of the Taylor rule in characterizing the monetary policy behavior of the Tunisian Central Bank (BCT), especially in turbulent times. More specifically, we investigate the possibility that the Taylor rule should be formulated as a threshold process and examine the validity of such nonlinear Taylor rule as a robust rule for conducting monetary policy in Tunisia. Using quarterly data from 1998:Q4 to 2013:Q4 to analyze the movement of nominal short-term interest rate of the BCT, we find that the nonlinear Taylor rule improves its performance with the advent of special events providing thus a better description of the Tunisian interest rate setting. In particular, our results show that the adoption of an appropriate nonlinear approach leads to a reduction in the errors of 150 basis points in 1999 and 2009, and 60 basis points in 2011, relative to the linear approach.

Keywords: policy rule, central bank, exchange rate, taylor rule, nonlinearity

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306 Melting and Making Zn-Based Alloys and Examine Their Biodegradable and Biocompatible Properties

Authors: Abdulrahman Sumayli

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Natural Zinc has many significant biological functions, including developments and sustainable of bones and wound healing. Metallic zinc has recently been explored as potential biomaterials that have preferable biodegradable, biocompatible, and mechanical properties. Pure metal zinc has a preferable physical and mechanical properties for biodegradable and biocompatible applications such as density and modulus of elasticity. The aim of the research is to make different Zn-based metallic alloys and test them effectively to be used as biocompatible and biodegradable materials in the field biomedical application. Microstructure study of the as-cast alloys will be examined using SEM (scanning electron microscope) followed by X-ray diffraction investigated so as to evaluate phase constitution of the designed alloys. After that, immersion test and electrochemical test will be applied to the designed alloys so as to study bio corrosion behaviour of the proposed alloys. Finally, in vitro cytocompatibility well conducted to study biocompatibility of the made alloys.

Keywords: Zn-based alloys, biodegradable and biocompatible materials, cytotoxicity test, neutron synchrotron imaging

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305 Encounters with the Other Sisters of the Past: the Role of Colonial History and Memory in the Adjustment of the Postcolonial Female Identity

Authors: Fatiha Kaïd Berrahal, Nassima Kaïd, Djihad Affaf Selt

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The present paper is a comparative analysis of the Algerian writer Assia Djebar’s women of Algiers in Their Apartment (1982) and the Anglo-Egyptian Ahdaf Soueif’s The Map of Love (1999) foregrounded on the female protagonists’ painfully common colonial and patriarchal experiences, though in different geographical regions of North Africa. This study raises questions pertaining, first, to the emerging contemporary genre “Historiographic meta-fiction” in which the novels examined could be inscribed, then, the interplay of colonial history and personal memory that impinges on the development of the identity of the post-colonial female subject. As the novels alternate between the historical and the autobiographical, we currently seek to understand how it is pertinent and pressing for women to excavate the lost and occluded stories of the past for the adjustment of their present personal identities, which are undoubtedly an important part of the identity of a nation.

Keywords: postcolonial feminism, islamic feminism, memory, histoirographic metafiction

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304 Impact of Technical Barriers to Trade on Waste Imports

Authors: Chin-Ho Lin

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This study explores the impact of technical barriers to trade(TBT) on the import value and weight of 54 types of waste products between ASEAN+6 countries and 200 trading partners from 1999–to 2018. By using disaggregated detailed product data and the gravity model, we obtained results demonstrating that implementation of TBT by importing countries is likely to enhance waste trade. After controlling for three combinations of fixed effects, the results remain robust. We consider the quality of waste products by dividing waste products into recyclable and nonrecyclable materials, revealing that imported recyclable waste is more likely to be imported than nonrecyclable waste. When waste trade isregulated by importing countries through TBT implementation, the exporting countries may export relatively valuable waste products, and recyclable waste is of greater economic value because it can be used as an input in other production processes. Finally, developed countries are more likely than developing countries to export waste to the ASEAN+6countries, a finding that supports the waste haven hypothesis.

Keywords: waste trade, ASEAN+6, technical barriers to trade, gravity model, waste haven hypothesis

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303 Analysis of Land Use, Land Cover Changes in Damaturu, Nigeria: Using Satellite Images

Authors: Isa Muhammad Zumo, Musa Lawan

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This study analyzes the land use/land cover changes in Damaturu metropolis from 1986 to 2005. LandSat TM Images of 1986, 1999, and 2005 were used. Built-up lands, agric lands, water body and other lands were created as themes within ILWIS 3.4 software. The images were displayed in False Colour Composite (FCC) for a better visualization and identification of the themes created. Training sample sets were collected based on the ground truth data during field the checks. Statistical data were then extracted from the classified sample set. Area in hectares for each theme was calculated for each year and the result for each land use/land cover types for each study year was compared. From the result, it was found out that built-up areas have a considerable increase from 37.71 hectares in 1986 to 1062.72 hectares in 2005. It has an annual increase rate of approximately 0.34%. The results also reveal that there is a decrease of 5829.66 hectares of other lands (vacant lands) from 1986 to 2005.

Keywords: land use, changes, analysis, environmental pollution

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302 The Legal Framework for Solid Waste Disposal and Management in Kwara State, Nigeria

Authors: Alabi Odunayo Mayowa, Ajayi Oluwasola Felix

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Solid waste such as “garbage” “trash” “refuse” “slug” and “rubbish” is disposed off or is required to be disposed off in accordance with national law. The study relies on primary and secondary sources of information. The primary sources include the Constitution, statutes and subsidiary legislation. The secondary sources of information include books, journals, conference proceedings, newspapers, magazines and internet materials. The information obtained from these sources is subjected to content and contextual analysis. The study examines the Kwara State Environmental Protection Agency Law, 1992 and other laws on waste disposal and management in Kwara State, Nigeria. The study also examines the regulations and the agency i.e. the Kwara State Environmental Protection Agency created by the law with a view to determine the inadequacies in the law.

Keywords: solid waste, waste disposal, waste management, domestic waste

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301 The Budget Profile of the Municipality of AtaleIa-MG in the Context of the Micro-Region of Teofilo Otoni in Brazil

Authors: Jeferson Gomes Dos Santos, Mirelle Cristina De Abreu Quintela

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Considering that after the 1988 Constitution, in Brazil, municipalities have acquired new roles in the face of a financial reality that jeopardizes more substantial actions, the Public Budget is essential for the establishment of guidelines for action, within each budgetary reality. Within this, the present work sought to understand the budget profile of the mining municipality of Ataleia, with a view to identifying its budget composition, in relation to the main sources of revenue and expenditure. To achieve the purposes of the study, information was collected on the municipality's finances, from the years 2000 to 2016, visualizing the progress of its revenues in terms of funding and origin, and expenses in terms of nature and purpose. It was evidenced that the municipality, having its budget revenue in the period, still shows great dependence on intergovernmental transfers, as the own collection was relatively low. The budget expenditure of the period was mainly influenced by social expenditures, but it must be said that the municipality complied with the limits of spending, minimum and maximum, established by law.

Keywords: expenses, municipal budget, planning, revenue

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300 Capital Punishment as a Contradiction to International Law and Indonesian Constitution

Authors: Akbar

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Pros and cons of the capital punishment in Indonesia have been out of the date. The discourse of capital punishment has no relevance to the theory of punishment and theories of cultural relativism. In fact, the provisions of exceptions to the right to life by administering the death penalty against the perpetrators of serious crimes in Indonesia is a narrow perspective that does not pay attention to the development of the punishment of the crime. This thing is aggravated by an error to understand the natural right and legal right where the prohibition of those rights is result from a failure to distinguish the characteristic of the rights and to remember the raison d’être of law. To parse the irrational above, this paper will try to analyze normatively the error referring to the complementary theory between the sources of international law and the sources of municipal law of Indonesia. Both sources of the law above should be understood in the mutually reinforcing relationship enforceability because of false perceptions against those will create the disintegration between international law and municipal law of Indonesia. This disintegration is explicit not only contrary to the integrative theory of international law but also integrative theory of municipal law of Indonesia.

Keywords: capital punishment, municipal law, right to life, international law, the raison d’être of law, complementary theory, integrative theory

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299 The Impact of a Weak Constitutional Review of Executive Actions in Implementing Women Rights in Saudi Arabia

Authors: Aysha Alshehri

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This paper provides a literature review of the sources of women’s rights under the Saudi legal framework, taking account of the constitutional primacy of Sharia under the Saudi legal system as well as the state’s obligations under international law. Building on one of the central aims of the paper, it conducts an exploration of how Saudi Arabia already has or might be further able to more clearly delineate its position and reservations in the adoptions of international human rights agreements while preserving its core religious beliefs and societal practices in regard to women’s rights at the domestic level. In this regard, the paper will consider the apparent tension between certain jurisprudential and customary aspects on gender equality and contemporary discourses of women’s rights from within and outside the Muslim world. Particular attention will be devoted to the question of the causes behind the lack of direct application of women’s rights mentioned by international reports and any challenges this may bring in the contexts of Saudi Arabia’s evolving gender equality policies.

Keywords: Islamic Constitution, executive actions, gender equality, judicial review

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298 Positivism Legal Controversy: Dilemma Carok as Madura’s Culture through Indigenous Dispute Settlement in Indonesia

Authors: M. Yasin Al-Arif, Mohammad Faisol Soleh

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The Indonesia’s Constitution in Article 18b explained that the state recognizes and respects indigenous peoples and their traditional rights that are guaranteed by the law. Despite already guaranteed its existence; in practice such indigenous law is often considered contrary to positive law by legal experts. It is because of legal positivism paradigm which requires the written law as the main reference for the settlement of legal disputes. Carok’s culture is one of the indigenous cultures of Madura to resolve legal disputes that still thrives until today. Carok’s culture is in outside the legal process, and through a fight between the disputing parties until one dies. On the other hand, the legal positivism does not give place to accommodate Carok as indigenous dispute settlement, until it must be solved through trial. This way of settlement has not been successfully satisfying the indigenous people, thus although it has been done through its verdict in the trial, but Carok still be used by them. From the explanation above, Carok’s culture must be accommodated as the main settlement process and legal process of law as the alternative to the effectiveness of dispute resolution in Madura Indonesia.

Keywords: carok, dispute settlement, legal positivism, madura’s culture

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297 Governance Question and the Participatory Policy Making: Making the Process Functional in Nigeria

Authors: Albert T. Akume, P. D. Dahida

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This paper examines the effect of various epochs of governments on policy making in Nigeria. The character of governance and public policy making of both epochs was exclusive, non-participatory and self-centric. As a consequence the interests of citizenry were not represented, neither protected nor sought to meet fairly the needs of all groups. The introduction of the post-1999 democratic government demand that the hitherto skewed pattern of policy making cease to be a character of governance. Hence, the need for citizen participation in the policy making process. The question then is what mode is most appropriate to engender public participation so as to make the policy making process functional? Given the prevailing social, economic and political dilemmas the utilization of the direct mode of citizen participation to affect policy outcome is doubtful if not unattainable. It is due to these predicament that this paper uses the documentary research design argues for the utilization of the indirect mode of citizen participation in the policy making process so as to affect public policy outcome appropriately and with less cost, acrimony and delays.

Keywords: governance, public policy, participation, representation, civil society

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296 The Impact of International Student Mobility on Trade and Gross Domestic Product: The Case of China

Authors: Yasir Khan

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The continued growth in international students coming to China for higher education had a significant positive impact on trade and GDP in China. Student mobility may expend trade with their country of origin, owing to superior knowledge, or preferential access to market opportunities. We test this hypothesis using Chinese trade data from 1999 to 2017. In fully-modify (OLS) and dynamic (OLS) testing estimation, we find that a 1.24 percent increase in student inward mobility is associated with a 1 percent increase in Chinese export trade. On the other hand, we find that a 1.18 percent increase in the student inward mobility to China is associated with a 1 percent increase in import trade. In addition, we find that a 1.13 percent increase in international student inward mobility is associated with a 1 percent increase in the GDP. The outcome suggests that international students have a strong influence on Gross Domestic Product (GDP), exports and imports trade. However, the study holds that the government should attach great attachment and importance to the role of international students in the export and import trade.

Keywords: international student mobility, China, export, import, GDP, FMOLS, DOLS

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295 The Standard of Reasonableness in Fundamental Rights Adjudication under the Indian Constitution

Authors: Nandita Narayan

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In most constitutional democracies, courts have been the gatekeepers of fundamental rights. The task of determining whether a violation is in fact justified, therefore, is judicial. Any state action, legislative or administrative, has to be tested by the application of two standards – first, the action must be within the scope of the authority conferred by law and, second, it must be reasonable. If any action, within the scope of the authority conferred by law is found to be unreasonable, it will be struck down as unconstitutional or ultra vires. This paper seeks to analyse the varying standards of reasonableness adopted by the Supreme Court of India where there is a violation of fundamental rights by state action. This is sought to be done by scrutinising case laws and classifying the legality of the violation under one of three levels of judicial scrutiny—strict, intermediate, or weak. The paper concludes by proving that there is an irregularity in the standards adopted, thus resulting in undue discretionary power of the judiciary which strikes at the very concept of reasonableness and ultimately becomes arbitrary in nature. This conclusion is reached by the comparison of reasonableness review of fundamental rights in other jurisdictions such as the USA and Canada.

Keywords: constitutional law, judicial review, fundamental rights, reasonableness, India

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294 Football Chants in Israel: Persistent Values and Changing Trends

Authors: Ilan Tamir

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Fans’ chants in sports stadium have, over the years, become an integral part of the spectator experience. While chants add color, atmosphere, and a demonstration of fans’ support for their team, chants also play a significant role in defining fans’ perceptions of their team’s identity and its differentiation from other teams. An analysis of football chants may therefore shed light on fans’ deep-seated worldviews of their own role, their team, the sport in general, and even life itself. This study, based on an analysis of Israeli football chants over years, identifies key changing and stable perceptions of football fans. Overall 94 chants collected, over a period of five decades. After a pilot study, the chants organized in two groups (one covering 1970-1999 and the other 2000-2016). The chants analyzed through qualitative content analysis in order to understand fans values as a reflection of the society. Findings point to several values that have remained stable over years, including fans’ attitudes toward their team and its rivals, and their attitude toward God. On the other hand, recently emerging phenomena such as radicalization of hatred toward the commercialization of sport reflect social and cultural changes, both in and outside the world of sport.

Keywords: sport, fans, chants, soccer

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293 A Periodogram-Based Spectral Method Approach: The Relationship between Tourism and Economic Growth in Turkey

Authors: Mesut BALIBEY, Serpil TÜRKYILMAZ

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A popular topic in the econometrics and time series area is the cointegrating relationships among the components of a nonstationary time series. Engle and Granger’s least squares method and Johansen’s conditional maximum likelihood method are the most widely-used methods to determine the relationships among variables. Furthermore, a method proposed to test a unit root based on the periodogram ordinates has certain advantages over conventional tests. Periodograms can be calculated without any model specification and the exact distribution under the assumption of a unit root is obtained. For higher order processes the distribution remains the same asymptotically. In this study, in order to indicate advantages over conventional test of periodograms, we are going to examine a possible relationship between tourism and economic growth during the period 1999:01-2010:12 for Turkey by using periodogram method, Johansen’s conditional maximum likelihood method, Engle and Granger’s ordinary least square method.

Keywords: cointegration, economic growth, periodogram ordinate, tourism

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292 Between Legal Authority and Epistemic Competence: A Case Study of the Brazilian Supreme Court

Authors: Júlia Massadas

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The objective of this paper is to analyze the role played by the institute of the public hearings in the Brazilian Supreme Court. The public hearings are regulated since 1999 by the Brazilian Laws nº 9.868, nº 9.882 and by the Intern Regiment of the Brazilian Supreme Court. According to this legislation, the public hearings are supposed to be called when a matter of circumstance of fact must be clarified, what can be done through the hearing of the testimonies of persons with expertise and authority in the theme related to the cause. This work aims to investigate what is the role played by the public hearings and by the experts in the Brazilian Supreme Court. The hypothesis of this research is that: (I) The public hearings in the Brazilian Supreme Court are used to uphold a rhetoric of a democratic legitimacy of the Court`s decisions; (II) The Legislative intentions have been distorted. To test this hypothesis, the adopted methodology involves an empirical study of the Brazilian jurisprudence. As a conclusion, it follows that the public hearings convened by the Brazilian Supreme Court do not correspond, in practice, to the role assigned to them by the Congress since they do not serve properly to epistemic interests. The public hearings not only do not legitimate democratically the decisions, but also, do not properly clarify technical issues.

Keywords: Brazilian Supreme Court, constitutional law, public hearings, epistemic competence, legal authority

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291 Analysis of National Science and Technology Policies: The Case of South Korea

Authors: Jeonghwan Jeon

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As the science and technology (S&T) has been rapidly advanced, the national government attempts to reflect changes in the S&T for promoting public R&D activities and economic development. Amongst others, due to the rapid advances and changes of S&T, it becomes important to analyze the trends of S&T policies for formulating the new policy and investigating promising S&T fields. Thus, this paper aims to trace the national S&T policies during this decade for analyzing the change of major S&T fields in the case of South Korea. As one of the organization for S&T policy in South Korea, the National Science and Technology Council (NSTC) has been established to coordinate inter-ministerial policies and programs and to determine all of the national and public S&T policy of South Korea. In this regard, the items on national S&T policy determined by the NSTC are useful for understanding the needs for major S&T fields and adapting to the rapid change of S&T. To this end, we first gathered the data on 512 items on the S&T agenda from 1999 to 2013. Based on these items, the trend of S&T policies is monitored and the major S&T fields are derived. Differences of policy purposes between S&T fields are identified to provide guideline for policy making such as budget allocation or investment promotion as well.

Keywords: national science and technology, policy, trends, S&T field

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290 New Product Development Typologies: An Analysis of Publications and Citations between 1992 and 2012

Authors: Ana Paula Vilas Boas Viveiros Lopes, Marly Monteiro de Carvalho

Abstract:

The new product development for decades has favored companies that can put their products to market quickly and efficiently, providing sustainable competitive advantage difficult to be achieved by their competitors. This paper presents the outcomes of a systematic review of the literature relating to new product development that was published between 1992 and 2012. A hybrid methodological approach that combines bibliometrics, content analysis and semantic analysis was applied. The review discusses the publication patterns, focusing on aspects related to scientific collaboration. The results show that the main academic journal that discusses this theme is “Journal of Product Innovation Management”. Although the first paper relating to this theme was published in 1992, the number of publications on the subject only began to increase substantially in 1999. Most of the studies reviewed in this paper applied qualitative research methods, indicating that most of the research on the theme is still in an exploratory phase.

Keywords: project type, project typology, new product development, sustainable competitive advantage

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289 An Investigation of Commitment to Marital Relationship Precedents through Self-Expansion in Students from the Medical Science University of Iran

Authors: Mehravar Javid, Laura Reid Harris, Zahra Khodadadi, Rachel Walton

Abstract:

The study aimed to explore commitment precedence through self-expansion among students at the Medical Science University of Shiraz, Iran. Method: The statistical population was comprised of students at Shiraz University of Medical Science during the academic years 2013 to 2014. Using random sampling, 133 married students (50 males and 83 females) were selected. The commitment condition of this studied group was assessed using Adam and Jones' (1999) Marital Commitment Dimensions Scale (DCI), and self-expansion was measured using Aron and Lewandowski's (2002) Self-Expansion Questionnaire. Simple regression analyses investigated commitment precedence via self-expansion. Results: The data revealed a positive correlation between total commitment (r=0.35, p < 0.01), the subscales of commitment to the spouse (r=0.43, p < 0.01), and commitment to marriage (r=0.31, p < 0.01). Regression analyses indicated that perceived self-expansion positively correlated with commitment to marital relationships in married students. The findings suggest that an increased possibility of self-expansion in a marital relationship corresponds with heightened commitment.

Keywords: commitment to marital relationship, married students, relationship dynamics, self-expansion

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288 Helping the Helper: Impact of Teaching Assistantship Program among Psychology Alumni

Authors: Clarissa Delariarte

Abstract:

With the aim of helping the poorest of the poor achieve quality education, Psychology students supported and served as teacher assistants to its Early Childhood Education Center in two barangays since the program began in 1999. Making use of qualitative approach, the impact of the program to 29 alumni who served as teacher assistants between 2000-2014 was assessed. Results show that the impact to the alumni is in cognitive as well as social-emotional in terms of feelings of deep satisfaction and sense of volunteerism which is being carried out in their respective workspaces. They also expressed positive feelings of inspiration, gratefulness and happiness. A wider perspective in life, being confident, creative and resourceful was also articulated as concrete impacts. It is concluded that the program had an impact on helping the helper and is a concrete manifestation of the academe being successful in its commitment of forming individuals into becoming integrated and compassionate in the service of the Church and Society. It implies that more opportunities of helping others be provided to students since, in the final analysis, is actually an opportunity of helping the helper be of better service to others.

Keywords: applied psychology, life skill, qualitative research, quality education

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287 Monitoring Trends of Science and Technology Policies in South Korea

Authors: Jeonghwan Jeon

Abstract:

As the science and technology(S&T) has been rapidly advanced, the national government attempts to reflect changes in the S&T for promoting public R&D activities and economic development. Amongst others, due to the rapid advances and changes of S&T, it becomes important to monitor the trends of S&T policies for formulating the new policy and investigating promising S&T fields. Thus, this paper aims to trace the national S&T policies during this decade for monitoring the change of major S&T fields in the case of South Korea. As one of the organization for S&T policy in South Korea, the National Science and Technology Council (NSTC) has been established to coordinate inter-ministerial policies and programs and to determine all of the national and public S&T policy of South Korea. In this regard, the items on national S&T policy determined by the NSTC are useful for understanding the needs for major S&T fields and adapting to the rapid change of S&T. To this end, we first gathered the data on 512 items on the S&T agenda from 1999 to 2013. Based on these items, the trend of S&T policies is monitored and the major S&T fields are derived. Differences of policy purposes between S&T fields are identified to provide guideline for policy making such as budget allocation or investment promotion as well.

Keywords: science and technology policy, trends, S&T field, monitoring

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