Search results for: 1999 Constitution

Authors: Bekim Avdiaj

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The transition period of Kosovo society brought fundamental changes in all the spheres of organizing life. This was the period when also in the cultural tradition the biggest movement and an emerging from ‘isolation’ or from the ‘shell’ occurred. Transformation of the traditional and embracing of the modern began here. The same was experienced and is currently being experienced also by Gjakova and its surrounding which is historically renowned for its great tradition and culture. The population of this region is actually facing a transition from the traditional system into the modern one and quite often with huge leaps. These ‘movements’ or ‘evolutions’ of the society of this region, besides the numerous positive things it ‘harvested’, also brought things that do not at all correspond with their tradition as well as new criminal occurrences which in the past were not present in this area. Furthermore, some of the ‘new’ behaviours that are embraced from other ‘cultures’ and ‘civilizations’, and which are often exceeded, are quite perturbing. The security situation is also worrying, particularly following the appearance of some new criminal occurrences. Therefore, with this research paper we will strive to analyse the new cultural “intersections” as well as the nature of the origin of some new very worrying criminal occurrences. We will present there also some factors inciting into these occurrences, which were confessed by the persons involved in these criminal occurrences and who come from this very region.

Keywords: crime, occurrence, culture, Gjakova Region

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Authors: Yasser Shabana, Khaled Ghoneem, Nehal Arafat, Younes Rashad, Dalia Aseel, Bruce Fitt, Aiming Qi, Benjamine Richard

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Providing food for more than 100 million people is one of Egypt's main challenges facing development. The overall goal is to formulate strategies to enhance food security in light of population growth. Two hundred samples of maize grains from 25 governates were collected. For the detection of seed-borne fungi, the deep-freezing blotter method (DFB) and washing method (ISTA 1999) were used. A total of 41 fungal species was recovered from maize seed samples. Weather data from 30 stations scattered all over Egypt and covering the major maize growing areas were obtained. Canonical correspondence analysis of data for the obtained fungal genera with temperature, relative humidity, precipitation, wind speed, or solar radiation revealed that relative humidity, temperature and wind speed were the most influential weather variables.

Keywords: biodiversity, climate change, maize, seed-borne fungi

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Authors: Dimpi A. Patel, Pankaj Raina, Ramesh Chinnasamy, Sunetro Ghosal

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The herpetological fauna of Ladakh has been surveyed few times till 1999. In 2019, a rapid survey to document current herpetofaunal composition was undertaken in which a total of 6 species belonging to 2 orders and five families along with their altitudinal ranges were recorded. We present a revised checklist of reptiles found in Ladakh trans Himalayas based on historical records and recent field surveys. Records for erroneously reported species in literature are discussed and recommended for removal from the list from this region. For several species, new elevation range records have been recorded. This paper contributes to the present status of the richness of reptiles and amphibians in the region by documenting the composition and ecological distribution of the herpetofauna of unstudied sites. Species-specific temperature and humidity regimes were also recorded during the survey periods. Our study creates baseline information for future ecological and behavioral studies on the herpetofauna of the region by providing habitat preferences and distribution in detail.

Keywords: amphibians, distribution, diversity, reptiles, trans-Himalaya

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Authors: M. Barsa

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This paper argues that current jurisprudence under the Dormant Commerce Clause of the United States Constitution and the WTO should be altered to allow states to more freely foster clean energy production. In particular, free trade regimes typically prevent states from discriminating against 'like' products, and whether these products are considered 'like' is typically measured by how they appear to the consumer. This makes it challenging for states to discriminate in favor of clean energy, such as low-carbon fuels. However, this paper points out that certain courts in the US—and decisions of the WTO—have already begun taking into account how a product is manufactured in order to determine whether a state may discriminate against it. There are also compelling reasons for states to discriminate against energy sources with high carbon footprints in order to allow those states to protect themselves against climate change. In other words, fuel sources with high and low carbon footprints are not, in fact, 'like' products, and courts should more freely recognize this in order to foster clean energy production.

Keywords: clean energy, climate change, discrimination, free trade

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Authors: Erfan Memarian, Seyyed Fazayel Alizadeh

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This study aims to evaluate the impacts of the oil and financial markets of the United States on Iran stock exchange and to develop an ARDL model to predict the short and long-term relationship between these markets. In this regard, all 713 weekly data between 28 July 1999 and 20 March 2013 were analyzed by using Microfit4.0 and Eviews7 econometric softwares. The independent variable of the study is the “Price and Yield Index (TEDPIX)” of Tehran Stock Exchange and the independent variables include S & P 500 Index, the US three-month treasury bill rate and West Texas Intermediate oil spot price index. The results show that the West Texas Intermediate oil spot price and the S&P 500 indices have significant positive relationships with Iran's TEDPIX. Also, there exists a significant negative relationship between Iran's TEDPIX and the US three-month Treasury bill rate.

Keywords: TEDPIX; Tehran Stock Exchange; S&P 500 index; USA three-month Treasury bill rate; West Texas Intermediate oil

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Authors: Mohammed Albakariyu Kabir

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There is a trend in development discourse to understand and explain the level of corruption in Nigeria, its anti-corruption crusade and why it is failing, as well as its level of compliance with International standards of United Nations Convention against Corruption (UNCAC) & African Union Convention on Converting and Preventing Corruption) to which Nigeria is a signatory. This paper discusses the legal and Constitutional provisions relating to corrupt practices and safeguards in Nigeria, as well as the obstacles to the implementation of these Conventions.The paper highlights the challenges posed to the Anti-Corruption crusade by analysing the loopholes that exist both in administrative structure and in scope of the relevant laws. The paper argues that Nigerian Constitution did not make adequate provisions for the implementation of the conventions, hence a proposal which will ensure adequate provision for implementing the conventions to better the lives of Nigerians. The paper concludes that there is the need to build institutional parameters, adequate constitutional and structural safeguards, as well as to synergise strategies, collaborations and alliances to facilitate the timely domestication and implementation of the conventions.

Keywords: anti-corruption, corruption, convention, domestication, poverty, state parties

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Authors: Nura Suleiman

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The democratic dispensation in Nigeria witnessed allot of changes since its beginning up to the 2015 election. The issues of zoning formula, rigging, money politics, god fatherism, and political thuggery among the youths became the centre stage from 1999-2014. But 2015 came with new tune that brings about a little shift from the traditional politics mentioned above, the political socialisation and knowledge penetrated into the sense of electorate where people suddenly change and look for the better option. The paper will examine the democratic change in relation to the 2015 General election which brings General MohammaduBuhari on the mantle of leadership of Nigeria. Many reasons were attributed to the sudden change of government in Nigeria, but the major ones are lack of good governance, corruption, insecurity, political parties’ merger to formed APCand change in INEC leadership. Others are weakness of the leadership and undemocratic nature of PDP government at different level in the country. The glamor for change became necessary because People become more informs about the manifestation of good hope and better Nigeria from the major opposition party (APC). During 2015 election the electorate voted the incumbent government out and replaced it with their choice.

Keywords: democracy, election, insecurity, good governance

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Authors: Bilgehan Gültekin, Tuba Gültekin

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The first stage to procure peace communication is to construct a mutual accordance, which can be defined as: To constitute reconciliation ground in order to open and constitute the right peace and dialogue areas. For example: In Turkey’s EU entry process, in order to procure French public opinion, to constitute a communication frame is a must. For the constitution of this frame, the titles of discussion in which it will be moved and for which French public opinion will show its support must be determined. The most important title of this ground is Turkey’s peace potential for Europe with its strategic position. For this reason, it’s is so strategic for peace communication that Turkey’s contributions for Europe and World should be opened up for discussion in public opinion in France and be introduced as a strong accordance ground.Peace based diplomacy, peace communication strategies and peace lobbying in the example of Turkey-France relations presents a strong peace titles.

Keywords: intercultural communication, mediation education, common sense leaders, artistic sensitivity

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Authors: Estela Mayra de Moura Vianna, Thiago José Tavares Ávila, Bruno Morais Silva, Diego Henrique Bezerra, Paulo Henrique Gomes Silva, Alan Pedro da Silva

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The Brazilian Federal Constitution defines the access to information as a crucial right of the citizen and the Law on Access to Public Information, which regulates this right. Accordingly, the Fiscal Responsibility Act, 2000, amended in 2009 by the “Law of Transparency”, began demanding a wider disclosure of public accounts for the society, including electronic media for public access. Thus, public entities began to create "Transparency Portals," which aim to gather a diversity of data and information. However, this information, in general, is still published in formats that do not simplify understanding of the data by citizens and that could be better especially available for audit purposes. In this context, a proposal of ontology about Brazilian Transparency Portal can play a key role in how these data will be better available. This study aims to identify and implement in ontology, the data model about Transparency Portal ecosystem, with emphasis in activities that use these data for some applications, like audits, press activities, social government control, and others.

Keywords: audit, government transparency, ontology, public sector

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Authors: Tholaine Matadi

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South Africa is a democratic country with a historical record of racially-motivated marginalisation and exclusion of the majority. During the apartheid era the country was run along pieces of legislation and policies based on racial segregation. The system held a tight clamp on interracial mixing which forced people to remain in segregated areas. For example, a citizen from the Indian community could not own property in an area allocated to white people. In this way, a great majority of people were denied basic human rights. Now, there is a supreme constitution with an entrenched justiciable Bill of Rights founded on democratic values of social justice, human dignity, equality and the advancement of human rights and freedoms. The Constitution also enshrines the values of non-racialism and non-sexism. The Constitutional Court has the power to declare unconstitutional any law or conduct considered to be inconsistent with it. Now, more than two decades down the line, despite the abolition of apartheid, there is evidence that South Africa still experiences hate crimes which violate the entrenched right of vulnerable groups not to be discriminated against on the basis of race, sexual orientation, gender, national origin, occupation, or disability. To remedy this mischief parliament has responded by drafting the Prevention and Combatting of Hate Crimes and Hate Speech Bill. The Bill has been disseminated for public comment and suggestions. It is intended to combat hate crimes and hate speech based on sheer prejudice. The other purpose of the Bill is to bring South Africa in line with international human rights instruments against racism, racial discrimination, xenophobia and related expressions of intolerance identified in several international instruments. It is against this backdrop that this paper intends to analyse the impact of the Bill on the rights to human dignity, equality, and freedom. This study is significant because the Bill was highly contested and creates a huge debate. This study relies on a qualitative evaluative approach based on desktop and library research. The article recurs to primary and secondary sources. For comparative purpose, the paper compares South Africa with countries such as Australia, Canada, Kenya, Cuba, and United Kingdom which have criminalised hate crimes and hate speech. The finding from this study is that despite the Bill’s expressed positive intentions, this draft legislation is problematic for several reasons. The main reason is that it generates considerable controversy mostly because it is considered to infringe the right to freedom of expression. Though the author suggests that the Bill should not be rejected in its entirety, she notes the brutal psychological effect of hate crimes on their direct victims and the writer emphasises that a legislature can succeed to combat hate-crimes only if it provides for them as a separate stand-alone category of offences. In view of these findings, the study recommended that since hate speech clauses have a negative impact on freedom of expression it can be promulgated, subject to the legislature enacting the Prevention and Combatting of Hate-Crimes Bill as a stand-alone law which criminalises hate crimes.

Keywords: freedom of expression, hate crimes, hate speech, human dignity

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Authors: Mahrukh Shehzadi

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Pakistan is a democratic republic but has spent much time under military rulers; after a few years of independence, Pakistan faced three martial laws in 1958, 1969, and 1977, and the latest in 1999 by General Musharraf. The purpose of this thesis is to analyze the politics, policies and overall performance of Pakistan People’s Party Government from 2008-2013. PPP won a significant victory in the elections of 2008. The co-chairman, Mr. Asif Ali Zardari, announced the end of the fourth dictatorship. It was for the first time in Pakistan’s history that an elected government completed its term (2008-2013). While the completion of its term is an achievement, the performance of the democratically-elected government – federal, provincial and local does not inspire much confidence. Poor governance, persistent confrontational relations between the executive and the judiciary, charges of corruption, and the incompetence of the political leadership to build consensus to combat terrorism continue to cast criticisms on the democratic process and the civilian regime’s capability to sustain democracy. In the present study, the researcher will try to describe and explain the public thinking pattern regarding the policies opted for by the PPP-led government and their impact on the people’s minds of Pakistan.

Keywords: democracy, performance, policies, state, manifesto

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Authors: Atef Abdallah Abouelmaaty

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The aim of this paper is to study the theme of alienation in some contemporary novels of the most prominent Arab writers who live in Britain and write in English. The paper will focus on three female novelists of Arab origins who won wide fame among reading public, and also won international prizes for their literary creation. The first is the Egyptian Ahdaf Soueif(born in 1950) whose novel The Map of Love(1999) was shortlisted for the Man Booker Prize, and has been translated into twenty one languages and sold over a million copies. The second is the Jordanian Fadia Faqir (born in 1956) whose My Name is Salma(2007) was translated into thirteen languages, and was a runner up for the ALOA literary prize. The third is the Sudanese Leila Aboulela(born in 1964) who The Translator was nominated for the Orange Prize and was chosen as a a notable book of the year by the New York Times in 2006. The main reason of choosing the theme of alienation is that it is the qualifying feature of the above mentioned novels. This is because the theme is clearly projected and we can see different kinds of alienation: alienation of man from himself, alienation of man from other men, and alienation of man from society. The paper is concerned with studying this central theme together with its different forms. Moreover, the paper will try to identify the main causes of this alienation among which are frustrated love, the failure to adjust to change, and ethnic pride.

Keywords: alienation, Anglo-Arab, contemporary, novels

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Authors: Isaac Kofi Mensah

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The adoption and application of Information and Communication Technologies (ICTs) in government administration through e-government is expected to permeate all sectors of state/ public institutions as well as democratic institutions. One of such public institutions is the Electoral Commission of Ghana mandated by the 1992 Constitution to hold all public elections including presidential and parliamentary elections. As Ghana holds its 7th General Elections since 1992, on 7th November 2016, there are demands from key stakeholders for the Election Management Body, which is the Electoral Commission (EC) of Ghana to adopt and implement an electronic voting system. This case study, therefore, attempts to contribute significantly to the debate by examining influencing factors that would impact on citizen’s readiness to adopt and use an electronic voting system in Ghana. The Technology Acceptance Model (TAM) was used as a theoretical framework for this study, out of which a research model and hypotheses were developed. Importantly, the outcome of this research finding would form a basis for appropriate policy recommendation for consideration of Government and EC of Ghana.

Keywords: citizens readiness, e-government, electronic voting, technology acceptance model (TAM)

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Authors: Guilherme Reis Ranieri, Guilherme Leite Gaudereto, Michele Toledo, Luis Fernando Amato-Lourenco, Thais Mauad

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Given the importance to urban sustainability and the growing relevance of the term ‘community garden’, this paper aims to conduct a bibliometric analysis of the term. Using SCOPUS as database, we analyzed 105 articles that contained the keywords ‘community garden’, and conducted a cluster analysis with the associated keywords. As results, we found 205 articles and 404 different keywords. Among the keywords, 334 are not repeated anytime, 44 are repeated 2 times and 9 appear 3 times. The most frequent keywords are: community food systems (74), urban activism (14), Communities of practice (6), food production (6) and public rethoric (5). Within the areas, which contains more articles are: social sciences (74), environmental science (29) and agricultural and biological sciences (24).The three main countries that concentrated the papers are United States (54), Canada (15) and Australia (12). The main journal with these keywords is Local Environment (10). The first publication was in 1999, and by 2010 concentrated 30,5% of the publications. The other 69,5% occurred 2010 to 2015, indicating an increase in frequency. We can conclude that the papers, based on the distribution of the keywords, are still scattered in various research topics and presents high variability between subjects.

Keywords: bibliometrics, community garden, metrics, urban agriculture

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Authors: Claudia Borges Colcerniani

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The paper is about a qualitative study whose main objective is to know how labor, as a Brazilian constitutionally established social right, can promote the social inclusion of female heads of one-parent families in a situation of poverty. The participants are six women, mothers, and workers living in Rocinha, a community located in the city of Rio de Janeiro, RJ, Brazil. According to the Brazilian Federal Constitution, social rights are based on the idea that socioeconomic inequalities should not limit or eliminate civil and political rights. In this perspective, labor can be a way to reach social justice, according to the theory of Nancy Fraser, the theoretical framework adopted in this research. Data were collected through socioeconomic questionnaires, and semi-structured interviews applied individually. The results analysis was made using the content analysis/categorical content analysis, according to Bardin's perspective. The results indicate that labor (as a social right) is considered, by the interviewed women, as an opportunity for social inclusion when there are the characteristics of the formality in accordance with the international labor regulations (Decent Work - International Labour Organization/United Nations).

Keywords: female labor, social justice, inclusion, women, decent work

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Authors: Abongile Zweni

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As a post-apartheid strategy to redress the social imbalances of the past, local governments are tasked with the role of delivering crucial services to their constituents. Apart from political instability, evidence shows that managers in South African municipalities lack effective financial management skills and competencies. This resulted in a failure to fulfill its administrative obligations, particularly municipal financial management. Most municipalities have, however, failed in this role, which has led them to be placed under administration by the provincial government in terms of Section 139 of the constitution of the Republic of South Africa. Thus, this study proposed a leadership conceptual framework for effectively managing ever-eroding municipal finances in South Africa. The study adopted a desktop research approach to explore the key components of leadership and municipal financial management toward the development of the conceptual framework. The study fostered a better understanding of the need for transformation in relation to the current financial management practices and sustainability of a municipality. Moreover, the conceptual framework applies not only to municipalities but also to other government departments and public authorities in the country for financial management.

Keywords: leadership, municipal finance, financial performance, management skills, municipality

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Authors: Awais Ahmad

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People of Khyber Pakhtunkhwa (KP) and Federally Administered Tribal Areas (FATA) remains underrepresented in Pakistan’s mainstream media and their miseries and concerns are unheard and unnoticed. Rising the incidents of human rights violation in KP province of Pakistan, and its absence in the mainstream media has raised many questions on the clause of press freedom known as 19/A in the constitution of Pakistan, that has claimed freedom of speech to all Pakistani citizens. Using a ‘think a loud’ research technique, senior most journalists of KP have been interviewed to get to know reasons of why and how Pashtun’s voices have been silenced in a democratic country where individual’s opinion is considered more powerful, and they can exercise freedom to protest and speak-up for their rights. The information collected from the journalists has been used to evaluate press freedom in KP and FATA by applying the institutional theory. The paper evaluates different recent cases where Pashtun journalists, media outlets and social activists were being punished for criticizing authorities and military establishment. This study also explores that the perception of local journalists regarding press freedom and what are the factors they consider it restrictions while they perform their duties.

Keywords: press freedom, federally administered tribal areas (fata), khyber pakhtunkhwa (kp), military establishment

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Authors: Rajiv Mishra, Mantun Kumar Singh

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The role of educator or teacher in the Indian context is circumscribed by the objective of social transformation as articulated in the Indian National Movement and later enshrined in the Preamble to the Indian Constitution, in the Fundamental Rights and in the Directive Principles of State Policy. Extension, which is the additional dimension of professional practice among teachers at higher education can be used as a revolutionary tool to modify the existing slogan of ‘education for all’ to ‘education for all and for-ever’, thereby making the ‘life-long education’, a reality. This conceptual paper addresses the twin needs of preparing the students for individual growth as also to facilitate them to contribute to social development. It focuses on the inclusion of the measures required to be taken for providing social consciousness and sensitivity, as this happens to be a neglected part of the curriculum. The extra effort so needed to build community based activities presupposes the requirement for professional training to be given to the hospitality and tourism educators as a continuing education initiative.

Keywords: continuing education, extension activities, holistic curriculum, hospitality and tourism educators

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Authors: Sonia Mannan, M. Jobair Alam

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The concept of palliative care in Bangladesh largely remained limited to the sympathetic caring of patients with a life-limiting illness. Quality of Life (QoL) issues are rarely practiced in Bangladesh. Furthermore, palliative medicine, in the perspective of holistic palliative care service, does not have its proper recognition in Bangladesh. Apart from those socio-medical aspects, palliative care patients face legal issues that impact their quality of life, including access to health services and social benefits and dealing with other life-transactions of the patients and their families (such as disposing of property; planning for children). This paper is an attempt to articulate these legal dimensions of the right to palliative care in the context of Bangladesh. The major focus of this paper will be founded on the doctrinal analysis of the constitutional provisions and other relevant legislation on the right to health and their judicial interpretation, which is argued to offer a meaningful space for the right to palliative care. This paper will also investigate the gaps in the said legal framework to better secure such care. In conclusion, a few recommendations are made so that the palliative care practices in Bangladesh are better aligned with international standards, and it can respond more humanely to the patients who need palliative care.

Keywords: Bangladesh, constitution, legal regime, palliative care, quality of life

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Authors: Khaled Missaoui, Amina Beldjazia, Rachid Gharzouli, Yamna Djellouli

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Optical remote sensing makes use of visible, near infrared and short-wave infrared sensors to form images of the earth's surface by detecting the solar radiation reflected from targets on the ground. Different materials reflect and absorb differently at different wavelengths. Thus, the targets can be differentiated by their spectral reflectance signatures in the remotely sensed images. In this work, we are interested to study the distribution of vegetation in the massif forest of Boutaleb (North East of Algeria) which suffered between 1998 and 1999 very large fires. In this case, we use remote sensing with Landsat images from two dates (1984 and 2000) to see the results of these fires. Vegetation has a unique spectral signature which enables it to be distinguished readily from other types of land cover in an optical/near-infrared image. Normalized Difference Vegetation Index (NDVI) is calculated with ENVI 4.7 from Band 3 and 4. The results showed a very important floristic diversity in this forest. The comparison of NDVI from the two dates confirms that there is a decrease of the density of vegetation in this area due to repeated fires.

Keywords: remote sensing, boutaleb, diversity, forest

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Authors: Sarthak Deshpande, Akshay Patil, Pradip Pandhare, Nikhil Wankhede, Rushali Deshmukh

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Among the highly significant duties for any language most effective is the sentiment analysis, which is also a key area of NLP, that recently made impressive strides. There are several models and datasets available for those tasks in popular and commonly used languages like English, Russian, and Spanish. While sentiment analysis research is performed extensively, however it is lagging behind for the regional languages having few resources such as Hindi, Marathi. Marathi is one of the languages that included in the Indian Constitution’s 8th schedule and is the third most widely spoken language in the country and primarily spoken in the Deccan region, which encompasses Maharashtra and Goa. There isn’t sufficient study on sentiment analysis methods based on Marathi text due to lack of available resources, information. Therefore, this project proposes the use of different ML/NLP models for the analysis of Marathi data from the comments below YouTube content, tweets or Instagram posts. We aim to achieve a short and precise analysis and summary of the related data using our dataset (Dates, names, root words) and lexicons to locate exact information.

Keywords: multilingual sentiment analysis, Marathi, natural language processing, text summarization, lexicon-based approaches

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Authors: Mangesh Govindrao Acharya

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The influence of religion on politics in India can be seen in the British period. The British used partition politics to create a schism between Hindus and Muslims in India. India was partitioned in1947 due to this policy of the British. In independent India, the principle of secularism was prioritized as a solution to this in the constitution created by the people. Secularism was provided for in 1978 by the 42nd Constitutional Amendment. Although India has embraced secularism, the role of religion in politics has not ended. Although 75 years of India's independence have been completed, politics is still done in the name of religion in India. Political parties choose their candidates, keeping in mind the influence of religion in a particular constituency. People think more about religion and caste while choosing their candidates. Caste riots occur due to the influence of religion-influenced politics. There is a new dispute between the minority and the majority. The Temple-Masjid controversy has become a focal point of Indian politics. Religious hatred in India is causing a huge loss of lives and property and is creating tension among the citizens. All the aspects of Indian politics that have been corrupted by religious fanaticism have been studied in this research paper. This paper mainly explores the causality of the influence of religion on Indian politics.

Keywords: religion, Indian politics, equality and justice, Muslim society, political parties

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Authors: Morolake Josephine Adeagbo

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South Africa is one of those countries that openly rejected racism, and this is entrenched in its Bill of Rights. Despite the acceptance and incorporation of racial integration into the South Africa Constitution, the implementation within some sectors, most especially the educational sector, seems difficult. Recent occurrences of racism in some higher institutions of learning in South Africa are indications that racial integration / racial transformation is still farfetched in the country’s higher educational sector. It is against this background that this study was conducted to understand how gender and residential background influence racial integration in a South African university which was predominantly a white Afrikaner institution. Using a quantitative method to test the attitude of different categories of undergraduate students at the university, this study found that the factors- residential background and gender- used in measuring student’s attitude do not necessarily have a significant relationship towards racial integration. However, this study concludes with a call for more research with a range of other factors in order to better understand how racial integration can be promoted in South African institutions of higher learning.

Keywords: racial integration, gender, residential background, transformation

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Authors: M. van der Bank, C. M. van der Bank

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Alternative Dispute Resolution denotes all forms of dispute resolution other than litigation or adjudication through the courts. This definition of Alternative Dispute Resolution, however, makes no mention of a vital consideration. ADR is the generally accepted acronym for alternative dispute resolution. Despite the choice not to proceed before a court or statutory tribunal, ADR will still be regulated by law and by the Constitution. Fairness is one of the core values of the South African constitutional order. Environmental disputes occur frequently, but due to delays and costs, ADR is a mechanism to resolve this kind of disputes which is a resolution of non-judicial mechanism. ADR can be used as a mechanism in environmental disputes that are less expensive and also more expeditious than formal litigation. ADR covers a broad range of mechanisms and processes designed to assist parties in resolving disputes creatively and effectively. In so far as this may involve the selection or design of mechanisms and processes other than formal litigation, these mechanisms and processes are not intended to supplant court adjudication, but rather to supplement it. A variety of ADR methods have been developed to deal with numerous problems encountered during environmental disputes. The research questions are: How can ADR facilitate environmental disputes in South Africa? Are they appropriate? And what improvements should be made?

Keywords: alternative dispute, environmental disputes, non-judicial, resolution and settlement

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Authors: Mustafa Kaya

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After the 1999 Marmara earthquake in Turkey research by the Turkish Precast Union stated that 24.50% of the precast structures were damaged with some of this damage being observed in the beam to column connections of the structures. Since it is essential to provide those rendered homeless by the earthquake with safe, habitable accommodation repairing medium and slight levels of damage at the connection parts should be undertaken. In order to prove that a repaired connection was sufficiently strong, a precast beam to column post tensioned connection was tested in three phases. In phase one, the middle level damage was observed at 6% drift at these connections. As a result of the extra loads applied, little damage was observed. In the last phase, the four connections tested in the first phase were repaired using epoxy resin and then retested. The results from the tests on the repaired precast and the undamaged specimens showed that the repaired specimens were sufficiently strong, thus proving that repair to damaged precast beam to column post tensioned connections can be undertaken.

Keywords: precast beam to column connection, moment-resisting connection, post-tensioned connections, repair of precast connections

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Authors: Khalid Javed, Rashid Mahmood

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The constitution empowers the Federal Government to collect taxes on income other than agricultural income, taxes on capital value, customs, excise duties and sales taxes. The Central Board of Revenue (CBR) and its subordinate departments administer the tax system. Each of the three principal taxes has a different history and different set of issues. For a large number of income tax payers the core of the business process is pre-audit and assessment by a tax official. This process gives considerable discretion to tax officials, with potential for abuse. Moreover, this process is also not tenable as the number of taxpayers increase. The report is focused on a total overhaul of the process and organization of income tax. Sales tax is recent and its process and organization is adjusted to the needs of an expanding tax base. These are based on self-assessment and selective audit. Similarly, in customs the accent is on accelerating and broadening the changes begun in recent years. Before long, central excise will be subsumed in sales tax. During the nineties, despite many changes in the tax regime and introduction of withholding and presumptive taxes, Federal Government tax to GDP ratio has varied narrowly around eleven percent. The tax base has grown but still remains narrow and skewed. The number of income tax filers is around one million.

Keywords: central board of revenue, GDP, sale tax, income tax

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Authors: Farhad Shafiepour Motlagh, Narges Salehi

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The aim of the present study was to investigate the relationship between inspirational leadership style and perceived social capital through the mediation of organizational knowledge resource development. The research method was descriptive-correlational. The statistical population consisted of all 3537 secondary school teachers in Isfahan. Sample selection was based on Cochran's formula volume formula for 338 people and multi-stage random sampling. The research instruments included a researcher-made inspirational leadership style questionnaire, a perceived social capital questionnaire (Putnam, 1999), and a researcher-made questionnaire of perceived organizational knowledge resources. Kolmogorov statistical tests, Pearson correlation, stepwise multiple regression, and structural equation modeling were used to analyze the data. In general, the results showed that there is a significant relationship between inspirational leadership style and the use of perceived social capital at the level of P <0.05. Also, the development of organizational knowledge resources mediates the relationship between inspirational leadership style and the use of perceived social capital at the level of P <0.05.

Keywords: inspirational leadership style, perceived social capital, perceived organizational knowledge

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Authors: Vijayalaxmi Khopade

Abstract:

The Prima facie caste system is intrinsic to Indian society. It is an ancient system of intense social stratification based upon birth and enjoying religious sanction. The uppermost strata and privileges are ascribed and enjoyed by brahmins (priestly class), while the lowest strata are occupied by Dalits who are not ascribed with any privileges. The caste system is inherently hierarchical, patriarchal, and systematic and thrives solely on exploitation justified through means of the Brahminical system of hegemony based singularly on birth. The caste system has extended its tentacles to other religions like Christianity, Buddhism, Jainism, and Islam in South Asia. Term Dalit is colloquially used to categorize persons belonging to lower strata in the caste hierarchy. However, this category is heterogenous and highly stratified, following practices like untouchability and exclusion amongst themselves. The modern Indian legal system acknowledges the existence of Caste and its perils. Therefore, by virtue of the Indian Constitution, provisions for affirmative action for the protection and development of Dalits are made. Courts in India have liberally interpreted laws to benefit Dalits. However, the modern system of governance is not immune from Caste based biases. These biases are reflected in the implementation of governance, including the dispensation of justice. The economic reforms of the 1990s gave a huge boost to the Indian diaspora. Persons of Indian origin are now seen making great strides in almost every sector and enjoying positions of power globally. As one peels off the layer of ethnic Indian origin, a deep seated layer of Caste and Caste based patriarchy is clearly visible. Indian diaspora enjoying positions of power essentially belongs to upper castes and carry Caste based biases with them. These castes have long enjoyed the benefits of education; therefore, they were the first ones to benefit from LPG (Liberalization, Privatization, Globalization) model adopted in the 1990s. Dalits, however, had little formal education until recently. The western legal system, to the best of our knowledge, does not recognize Caste and, therefore, cannot afford protection for Dalits, wherein discrimination and exploitation take place solely on the basis of Caste. Therefore, Dalits are left with no legal remedy outside domestic jurisdiction. Countries like the UK have made an attempt to include Caste in their Equality Bill 2010. This has met with tough resistance from Upper caste Hindus who shy away from recognizing their caste privileges and, therefore, the existence of Caste. In this paper, an attempt for comparative analysis is made between various legal protections accorded to Dalits in India vis-à-vis international human rights as protected by the United Nations under its declaration of Universal Human rights. An attempt has been made to mark a distinction between race and Caste and to establish a position of women in Caste based hierarchy. The paper also makes an argument for the inclusion of atrocities committed against Dalits as a violation of international human rights, their protection by the United Nations, and the trial of their violations by International Courts. The paper puts into perspective the need for an external agency like the United Nations and International courts to interfere in rights guaranteed by the Indian Constitution, even with the existence of a modern legal system in a sovereign democratic country.

Keywords: atrocity, caste, diaspora, legal framework

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Authors: Mohammad Hadi Mahmoodi, Mojtaba Farahani

Abstract:

The present study aimed at investigating whether reflective thinking differentiates Iranian EFL learners regarding language learning strategy use, beliefs about language learning and teaching, and L2 proficiency. To this end, the researcher adopted a mixed method approach. First, 94 EFL learners were asked to complete Reflective Thinking Questionnaire (Kember et al., 2000), Beliefs about Language Learning and Teaching Inventory (Horwitz, 1985), Strategy Inventory for Language Learning (Oxford, 1990), and Oxford Quick Placement Test. The results of three separate one-way ANOVAs indicated that reflective thinking significantly differentiates Iranian EFL learners concerning: (a)language learning strategy use, (b) beliefs about language learning and teaching, and (c) general language proficiency. Furthermore, to see where the differences lay, three separate post-hoc Tukey tests were run the results of which showed that learners with different levels of reflectivity (high, mid, and low) were significantly different from each other in all three dependent variables. Finally, to increase the validity of the findings thirty of the participants were interviewed and the results were analyzed through template organizing style method (Crabtree & Miller, 1999). The results of the interview analysis supported the results of quantitative data analysis.

Keywords: reflective thinking, language learning strategy use, beliefs toward language learning and teaching

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Authors: Alasdair Stanton

Abstract:

What makes for a good explanation? Twenty years after Wendt’s important treatment of constitution and causation, non-causal explanations (sometimes referred to as ‘understanding’, or ‘descriptive inference’) have become, if not mainstream, at least accepted within International Relations. This article proceeds in two parts: firstly, it examines closely Wendt’s constitutional claims, and while it agrees there is a difference between causal and constitutional, rejects the view that constitutional explanations lack temporality. In fact, this author concludes that a constitutional argument is only possible if it relies upon a more foundational, causal argument. Secondly, through theoretical analysis of the constitutional argument, this research seeks to delineate temporal and non-temporal ways of explaining within International Relations. This article concludes that while the constitutional explanation, like other logical arguments, including comparative, and counter-factual, are not truly non-causal explanations, they are not bound as tightly to the ‘real world’ as temporal arguments such as cause-effect, process tracing, or even interpretivist accounts. However, like mathematical models, non-temporal arguments should aim for empirical testability as well as internal consistency. This work aims to give clear theoretical grounding to those authors using non-temporal arguments, but also to encourage them, and their positivist critics, to engage in thoroughgoing empirical tests.

Keywords: causal explanation, constitutional understanding, empirical, temporality

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