Search results for: Hungarian law on legal capacity

Authors: Masoumeh Tadayoni, Saeed Kamyabi, Alireza Entezari

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Background and goal of the research: In planning and management system, the tourism carrying capacity is used as a holistic approach and supportive instrument. Evaluating the carrying capacity is used in quantitative the resource exploitation in line with sustainable development and as a foundation for identifying the changes in natural ecosystem and for the final evaluation and monitoring the tensions and decays in regressed ecosystem. Therefore, the present research tries to determine the carrying capacity of effective, physical and real range of Siahsard tourism region. Method: In the present research, the quantitative analysis of tourism carrying capacity is studied by used of effective or permissible carrying capacity (EPCC), real carrying capacity (PCC) and physical carrying capacity (RCC) in Siahsard fountain. It is analyzed based on the field survey and various resources were used for collecting information. Findings: The results of the analysis shows that, 3700 people use the Siahsard tourism region every day and 1350500 people use it annually. However, the evaluation of carrying capacity can be annually 1390650 people in this place. It can be an important tourism place along with other places in the region. Results: Siahsard’s tourism region has a little way to reach to its carrying capacity that needs to be analyzed. However, based on the results, some suggestions were offered for sustainable development of this region and as the most logical alternations for tourism management.

Keywords: carrying capacity, evaluation, Siahsard, tourism

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Authors: Alinka Molnár-Tóth, Tímea Tánczos, Regina Barna, Katalin Jakab, Péter Klivényi

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Supported by neuroscientific findings, the so-called Hub-and-Spoke model of the human semantic system is based on two subcomponents of semantic cognition, namely the semantic control process and semantic representation. Our semantic knowledge is multimodal in nature, as the knowledge system stored in relation to a conception is extensive and broad, while different aspects of the conception may be relevant depending on the purpose. The motivation of our research is to develop a new diagnostic measurement procedure based on the preservation of semantic representation, which is appropriate to the specificities of the Hungarian language and which can be used to compare the non-verbal semantic knowledge of healthy and aphasic persons. The development of the test will broaden the Hungarian clinical diagnostic toolkit, which will allow for more specific therapy planning. The sample of healthy persons (n=480) was determined by the last census data for the representativeness of the sample. Based on the concept of the Pyramids and Palm Tree Test, and according to the characteristics of the Hungarian language, we have elaborated a test based on different types of semantic information, in which the subjects are presented with three pictures: they have to choose the one that best fits the target word above from the two lower options, based on the semantic relation defined. We have measured 5 types of semantic knowledge representations: associative relations, taxonomy, motional representations, concrete as well as abstract verbs. As the first step in our data analysis, we examined the normal distribution of our results, and since it was not normally distributed (p < 0.05), we used nonparametric statistics further into the analysis. Using descriptive statistics, we could determine the frequency of the correct and incorrect responses, and with this knowledge, we could later adjust and remove the items of questionable reliability. The reliability was tested using Cronbach’s α, and it can be safely said that all the results were in an acceptable range of reliability (α = 0.6-0.8). We then tested for the potential gender differences using the Mann Whitney-U test, however, we found no difference between the two (p < 0.05). Likewise, we didn’t see that the age had any effect on the results using one-way ANOVA (p < 0.05), however, the level of education did influence the results (p > 0.05). The relationships between the subtests were observed by the nonparametric Spearman’s rho correlation matrix, showing statistically significant correlation between the subtests (p > 0.05), signifying a linear relationship between the measured semantic functions. A margin of error of 5% was used in all cases. The research will contribute to the expansion of the clinical diagnostic toolkit and will be relevant for the individualised therapeutic design of treatment procedures. The use of a non-verbal test procedure will allow an early assessment of the most severe language conditions, which is a priority in the differential diagnosis. The measurement of reaction time is expected to advance prodrome research, as the tests can be easily conducted in the subclinical phase.

Keywords: communication disorders, diagnostic toolkit, neurorehabilitation, semantic knowlegde

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Authors: William Thomas Worster

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Diplomatic assurances issued by states declaring that they will not mistreat individuals returned to them occupy a strange middle ground between being legal and non-legal obligations. States assert that they are non-binding, yet at other times that they are binding. However, this assertion may not be the end of the discussion. The International Court of Justice and other tribunals have concluded that similar instruments were binding, states have disagreed that certain similar instruments were binding, and the Vienna Convention on the Law of Treaties and its travaux prépératoires do not appear to contemplate non-binding instruments. This paper is a case study of diplomatic assurances but, by necessity, touches on the delicate question of whether certain texts are treaties, promises, or non-binding political statements. International law, and law in general, requires a binary approach to obligation. All communications must be binding or not, even if the fit is not precise. Through this study, we will find that some of the obligations in certain assurances can be understood as legal and some not. We will attempt to state the current methodology for determining which obligations are legal under the law of treaties and law on binding unilateral promises. The paper begins with some background of the legal environment of diplomatic assurances and their use in cases of expulsion. The paper then turns to discuss the legal nature of diplomatic assurances, proceeding to address various possibilities for legal value as treaties and as binding unilateral statements. This paper will not examine the legal value of diplomatic assurances solely under customary international law other than the way in which customary international law might further refine the treaty definition. In order to identify whether any assurances are contained in legal acts, this study identifies a pool of relevant assurances and qualitatively analyzes whether any of those are contained in treaties or binding unilateral statements. To the author’s best knowledge, this study is the first large-scale, qualitative qualitative analysis of assurances as a group of instruments that accounts for their heterogenous nature. It is also the first study to identify the indicators of whether an instrument is a treaty or promise.

Keywords: diplomatic assurances, deportation, extradition, expulsion, non-refoulement, torture, persecution, death penalty, human rights, memorandum of understanding, promises, secret, monitoring, compliance, enforcement

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Authors: Peter Falanga

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During the process of de-Stalinization that began in 1956 with the Twentieth Congress of the Soviet Communist Party, many filmmakers in Hungary chose to explore their country’s political discomforts by using Socialist Realism as a negative model against which they could react to the dominating ideology. A renewed national film industry and a more permissive political regime would allow filmmakers to take to task the plight of the preceding generation who had experienced the fatal political turmoil of both World Wars and the purges of Stalin. What follows is no longer the multigenerational unity found in Socialist Realism wherein both the old and the young embrace Stalin’s revolutionary optimism; instead, the protagonists are parentless, and thus their connection to the previous generation is partially severed. In these films, violent historical forces leave one generation to search for both a connection with their family’s past, and for moral guidance to direct their future. István Szabó’s Father (1966), Márta Mészáros Diary for My Children (1984), and Pál Gábor’s Angi Vera (1978) each consider the fraught relationship between successive generations through the lens of postwar youth. A characteristic each of their protagonist’s share is that they are all missing one or both parents, and cope with familial loss either through recalling memories of their parents in dream-like sequences, or, in the case of Angi Vera, through embracing the surrogate paternalism that the Communist Party promises to provide. This paper considers the argument these films present about the progress of Hungarian history, and how this topic is explored in more recent films that similarly focus on the transmission of generational values. Scholars such as László Strausz and John Cunningham have written on the continuous concern with the transmission of generational values in more recent films such as István Szabó’s Sunshine (1999), Béla Tarr’s Werckmeister Harmonies (2000), György Pálfi’s Taxidermia (2006), Ágnes Kocsis’ Pál Adrienn (2010), and Kornél Mundruczó’s Evolution (2021). These films, they argue, make intimate portrayals of the various sweeping political changes in Hungary’s history and question how these epochs or events have impacted Hungarian identities. If these films attempt to personalize historical shifts of Hungary, then what is the significance of featuring characters who have lost one or both parents? An attempt to understand this coherent trend in Hungarian cinema will profit from examining the earlier, celebrated films of Szabó, Mészáros, and Gábor, who inaugurated this preoccupation with generational values. The pervasive interplay of dreams and memory in their films invites an additional element to their argument concerning historical progression. This paper incorporates Richard Teniman’s notion of the “dialectics of memory” in which memory is in a constant process of negation and reinvention to explain why these Directors prefer to explore Hungarian identity through the disarranged form of psychological realism over the linear causality structure of historical realism.

Keywords: film theory, Eastern European Studies, film history, Eastern European History

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Authors: Seyed Abolhasan Naeini, Mohammad Hosseinzade

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Settlement and bearing capacity of a piled raft are the two important issues for the foundations of the structures built on coastal areas from the geotechnical engineering point of view. Strip piled raft as a load carrying system could be used to reduce the possible extensive consolidation settlements and improve bearing capacity of structures in soft ground. The aim of this research was to evaluate the efficiency of strip piled raft embedded in soft clay. The efficiency of bearing capacity of strip piled raft foundation is evaluated numerically in two cases: in first case, the cap is placed directly on the ground surface and in the second, the cap is placed above the ground. Regarding to the fact that the geotechnical parameters of the soft clay are considered at low level, low bearing capacity is expected. The length, diameter and axe-to-axe distance of piles are the parameters which varied in this research to find out how they affect the bearing capacity. Results indicate that increasing the length and the diameter of the piles increase the bearing capacity. The complementary results will be presented in the final version of the paper.

Keywords: soft clay, strip piled raft, bearing capacity, settlement

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Authors: Taner Cindik, Ferya Tas Ciftci

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Mobbing in the public sector and specific issues (i.e., the demand for non-pecuniary damages) regarding mobbing have become very important in the light of the precedents constituted by the Turkish Council of State in 2010. The legal scope of mobbing is not able to be determined since the concept of mobbing is not defined in Turkish law system. This study aims to reveal three major problems caused by the lack of laws related to mobbing in the Turkish legal system. First, the absence of an arrangement for disciplinary penalties leads that general provisions in the disciplinary law are implemented. This situation, therefore, causes difficulties in practice. Second, not being drawn of the lines in the topic concerning mobbing in public sector leads confusions in being direction of hostility. Third, the fact that there is a legal gap on seeking non-pecuniary compensation when employees in public sector are exposed to mobbing might make it difficult to obtain non-pecuniary compensation. Within the context of these major problems, civil servants in Turkey do not have enough protection mechanism. However, some possible legal arrangements will help civil servants to protect against mobbing. This study may be considered important because of the fact that mobbing in the public sector is at a significant level and has not been evaluated in this context before. This research is mainly a study of Turkish legal system and evaluates critically law case to determine legal problems. As a result of this study, three main problems might be identified because there is legal gap regarding mobbing in the public sector. In conclusion, the introduction of the major problems related to mobbing in this study might shed light on making the proper regulations of this subject in Turkish law system. In this respect, the plaintiff will be provided convenience in the point of non-pecuniary damages and this study will guide the assessment of legal liability of those who implement mobbing.

Keywords: human rights violations, mobbing, public sector, direction of hostility, non-pecuniary compensation, disciplinary law

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Authors: Amy Gooden

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Despite its prevalence, direct-to-consumer genetic testing (DTC-GT) remains under-investigated in South Africa (SA), and the issue of regulation is yet to be examined. Therefore, this research maps the current legal landscape relating to DTC-GT in SA through a legal analysis of the extant law relevant to the industry and the issues associated therewith – with the intention of determining if and how DTC-GT is legally governed. This research analyses: whether consumers are legally permitted to collect their saliva; whether DTC-GT are medical devices; licensing, registering, and advertising; importing and exporting; and genetic research conducted by companies.

Keywords: direct-to-consumer genetic testing, genetic testing, health, law, regulation, South Africa

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Authors: B. Unnikrishnan, Tanuj Kanchan, Ramesh Holla, Nithin Kumar

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Euthanasia has been debated for the ethical, legal, social, and religious implications associated with it. The present research was conducted to study the perceptions of doctors and nurses about ethical and legal aspects of Euthanasia in Indian scenario. The study was carried out at three tertiary care hospitals of Kasturba Medical College (KMC), Mangalore, India. Practicing doctors and nurses working in the hospitals associated with KMC were included in the study after taking written informed consent from the participants. The data was analyzed using SPSS version 11.5. Mann-Whitney U test was used to compare the responses of doctors and nurses. P-value of <0.05 was taken as statistically significant. A total of 144 doctors and nurses participated in the study. Both doctors and nurses agreed that if a terminally ill patient wishes to die, the wish cannot be honored ethically and legally. A significantly larger number of nurses agreed that patient’s wish for euthanasia cannot be honored ethically and legally when compared to the doctors. Though the doctors and nurses were broadly in agreement with the existing legal and ethical views on the issue, their knowledge on the issue with regard to the legal status of euthanasia in India and ethical aspects relating to it needs to be strengthened.

Keywords: euthanasia, ethical aspects, legal aspects, India

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Authors: Magda Olesiuk-Okomska

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The degree of international interdependence has grown significantly. Poland is a party to nearly 1000 binding multilateral treaties, including international legal instruments devoted to criminal matters and obliging the state to penalize certain crimes. The paper presents results of a theoretical research conducted as a part of doctoral research. The main hypothesis assumed that there was a separate category of crimes to penalization of which Poland was obliged under international legal instruments; that a catalogue of such crimes and a catalogue of international legal instruments providing for Poland’s international obligations had never been compiled in the domestic doctrine, thus there was no mechanism for monitoring implementation of such obligations. In the course of the research, a definition of transnational crimes was discussed and confronted with notions of international crimes, treaty crimes, as well as cross-border crimes. A list of transnational crimes penalized in the Polish Penal Code as well as in non-code criminal law regulations was compiled; international legal instruments, obliging Poland to criminalize and penalize specific conduct, were enumerated and catalogued. It enabled the determination whether Poland’s international obligations were implemented in domestic legislation, as well as the formulation of de lege lata and de lege ferenda postulates. Implemented research methods included inter alia a dogmatic and legal method, an analytical method and desk research.

Keywords: international criminal law, transnational crimes, transnational criminal law, treaty crimes

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Authors: Dalia Perkumiene

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The process of globalization has several unforeseen negative effects on the quality of the environment, including increased pollution, climate change, and the depletion and destruction of natural resources. The impact of these processes makes it difficult to guarantee citizens' rights to a clean environment, and complex legal solutions are needed to implement this right. In order to implement human rights in a clean and safe environment, international legal documents and court rulings are analyzed. It is important to find a balance between the legal context: the right to a clean environment and environmental challenges such as climate change and global warming. Research Methods: The following methods were used in this study: analytical, analysis, and synthesis of scientific literature and legal documents, comparative analysis of legal acts, and generalization. Major Findings: It is difficult to implement the right to a clean, safe and sustainable environment. The successful implementation of this right depends on the application of various complex ideas and rational, not only legal solutions. Legislative measures aim to maximize the implementation of citizens' rights in the face of climate change and other environmental challenges. This area remains problematic, especially in international law. Concluding Statement: The right to a clean environment should allow a person to live in a harmonious system, where environmental factors do not pose a risk to human health and well-being.

Keywords: clean and safe and clean environmen, environmen, persons’ rights, right to a clean and safe and clean environment

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Authors: Balazs Kulcsar

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Professional energy organizations perform analyses mainly on the global and national levels about the expected development of the share of renewables in electric power generation, heating, and cooling, as well as the transport sectors. There are just a few publications, research institutions, non-profit organizations, and national initiatives with a focus on studies in the individual towns, settlements. Issues concerning the self-supply of energy on the settlement level have not become too wide-spread. The goal of our energy geographic studies is to determine the share of local renewable energy sources in the settlement-based electricity supply across Hungary. The Hungarian energy supply system defines four categories based on the installed capacities of electric power generating units. From these categories, the theoretical annual electricity production of small-sized household power plants (SSHPP) featuring installed capacities under 50 kW and small power plants with under 0.5 MW capacities have been taken into consideration. In the above-mentioned power plant categories, the Hungarian Electricity Act has allowed the establishment of power plants primarily for the utilization of renewable energy sources since 2008. Though with certain restrictions, these small power plants utilizing renewable energies have the closest links to individual settlements and can be regarded as the achievements of the host settlements in the shift of energy use. Based on the 2017 data, we have ranked settlements to reflect the level of self-sufficiency in electricity production from renewable energy sources. The results show that the supply of all the energy demanded by settlements from local renewables is within reach now in small settlements, e.g., in the form of the small power plant categories discussed in the study, and is not at all impossible even in small towns and cities. In Hungary, 30 settlements produce more renewable electricity than their own annual electricity consumption. If these overproductive settlements export their excess electricity towards neighboring settlements, then full electricity supply can be realized on further 29 settlements from renewable sources by local small power plants. These results provide an opportunity for governmental planning of the realization of energy shift (legislative background, support system, environmental education), as well as framing developmental forecasts and scenarios until 2030.

Keywords: energy geography, Hungary, local small power plants, renewable energy sources, self-sufficiency settlements

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Authors: Rukhsana Shaheen, Tahira Ifraq

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Interest based transactions led the advent of Islamic banking. In order to provide an alternative to Interest based banking, financial transactions found in classical books of fiqh were employed. Musharakah, Mudarabah, Murabahah Salam, Ijara, and some other modes were adopted. These modes were modified so that they can be adopted for banking and satisfy the needs of customers. Since the inception of Islamic banking, these modes are being used and with the passage of time, are being molded and experimented with to cater different kinds of customers and requirements. Human efforts cannot be errorless. These modes too bear legal defects which need an in-depth scrutiny and refinement. The aim of this paper is to dig the basis and rulings of these modes in classical books of fiqh and analyze its modification and adoption in Islamic banking and the legal defects that these modes are bearing. Paper will prove itself fruitful by providing remedies for the legal defects.

Keywords: financial instruments, legal defects, remedies, Islamic banking

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Authors: Sven Krabbenhoft, Kristian Krabbenhoft, Lars Damkilde

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The problem of determining the bearing capacity of a strip foundation located near a slope of infinite height has been dealt with by several authors. Very often in practical problems the slope is of limited height, and furthermore the resulting load may be inclined at an angle to the horizontal, and in such cases the bearing capacity of the footing cannot be found using the existing methods. The present work comprises finite element based upper- and lower-bound calculations, using the geotechnical software OptumG2 to investigate the effect of the slope height and horizontal forces on the total bearing capacity, both without and with using superposition as presupposed in the traditional bearing capacity equation. The results for friction angles 30, 35 and 40 degrees, slope inclinations 1:2, 1:3 and 1:4, for selfweight and surcharge are given as charts showing the slope inclination factors suitable for design.

Keywords: footings, bearing capacity, slopes, cohesionnless soil

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Authors: Meshandren Naidoo

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Personhood is an important philosophical and ethical device that belies many major ethical and legal issues. The concept of African personhood is often overlooked, however, given the decolonization projects occurring in Africa, it is important to consider this view. African personhood, as opposed to Western personhood, is not individualistic in nature. The latter is predominantly Kantian and based on the notion that all persons have equal moral due to their capacity for a reason, whereas communitarianism is central to an African conception of personhood.

Keywords: African philosophy, bioethics, ethics, personhood

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Authors: Mohammadmehdi Torfehnejada, Serhan Senso

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Aftershock collapse capacity of Special Steel Moment Frames (SSMFs) is evaluated under aftershock earthquakes by considering building heights 8 and 12 stories. The assessment evaluates the residual collapse capacity under aftershock excitation when various levels of damage have been induced by the mainshock. For this purpose, incremental dynamic analysis (IDA) under aftershock follows the mainshock imposing the intended damage level. The study results indicate that aftershock collapse capacity of this structure may decrease remarkably when the structure is subjected to large mainshock damage. The capacity reduction under aftershock is finally related to the mainshock damage level through regression equations.

Keywords: aftershock collapse capacity, special steel moment frames, mainshock-aftershock sequences, incremental dynamic analysis, mainshock damage

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Authors: Muhammad Ilham Agus Salim, Saufa Ata Taqiyya

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In many Muslim countries, secularization has successfully reduced the role of Islamic law as a formal legal source during this last century. The most obvious fact was the reform of Daulah Utsmaniyah to be Secular Republic of Turkey. Religion is strictly separated from the state authorities in many countries today. But these last decades in Indonesia, a remarkable fact is apparent. Islamic law has expanded its role in Indonesian legal system, especially in districts regulations. In Aceh province, as a case in point, shariah has been the basic source of law in all regulations. There are more provinces in Indonesia which adopted Islamic law as a formal legal source by the end of 2014. Different from some other countries which clearly stipulates the status of Islam in formal ways, Indonesian constitution formally does not render any recognition for Islam to be the formal religion of the state. But in this Muslim majority country, Islamic law takes a place in democratic way, namely on the basis of the voice of majority. This paper will analyze how this reality increases significantly since what so called by Indonesian reformation era (end of nineties). Some causes will be identified regarding this tendency of expansion of role. Some lessons learned also will be recommended as the concluding remarks by the end of the paper.

Keywords: Islamic law, Indonesia, legal reform, Syariah local regulation

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Authors: Zs. Csanádi, A. Szabó Nagy, J. Szabó, J. Erdős

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Atmospheric aerosols have several important environmental impacts and health effects in point of air quality. Monitoring the PM10-bound polycyclic aromatic hydrocarbons (PAHs) could have important environmental significance and health protection aspects. Benzo(a)pyrene (BaP) is the most relevant indicator of these PAH compounds. In Hungary, the Hungarian Air Quality Network provides air quality monitoring data for several air pollutants including BaP, but these data show only the annual mean concentrations and maximum values. Seasonal variation of BaP concentrations comparing the heating and non-heating periods could have important role and difference as well. For this reason, the main objective of this study was to assess the annual concentration and seasonal variation of BaP associated with PM10 in the ambient air of Northwestern Hungary seven different sampling sites (six urban and one rural) in the sampling period of 2008–2013. A total of 1475 PM10 aerosol samples were collected in the different sampling sites and analyzed for BaP by gas chromatography method. The BaP concentrations ranged from undetected to 8 ng/m3 with the mean value range of 0.50-0.96 ng/m3 referring to all sampling sites. Relatively higher concentrations of BaP were detected in samples collected in each sampling site in the heating seasons compared with non-heating periods. The annual mean BaP concentrations were comparable with the published data of the other Hungarian sites.

Keywords: air quality, benzo(a)pyrene, PAHs, polycyclic aromatic hydrocarbons

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Authors: Jacob Livingston Slosser, Naja Holten Moller, Thomas Troels Hildebrandt, Henrik Palmer Olsen

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In this paper, we propose a model for human-AI interaction in public administration that involves legal decision-making. Inspired by Alan Turing’s test for machine intelligence, we propose a way of institutionalizing a continuous working relationship between man and machine that aims at ensuring both good legal quality and higher efficiency in decision-making processes in public administration. We also suggest that our model enhances the legitimacy of using AI in public legal decision-making. We suggest that case loads in public administration could be divided between a manual and an automated decision track. The automated decision track will be an algorithmic recommender system trained on former cases. To avoid unwanted feedback loops and biases, part of the case load will be dealt with by both a human case worker and the automated recommender system. In those cases an experienced human case worker will have the role of an evaluator, choosing between the two decisions. This model will ensure that the algorithmic recommender system is not compromising the quality of the legal decision making in the institution. It also enhances the legitimacy of using algorithmic decision support because it provides justification for its use by being seen as superior to human decisions when the algorithmic recommendations are preferred by experienced case workers. The paper outlines in some detail the process through which such a model could be implemented. It also addresses the important issue that legal decision making is subject to legislative and judicial changes and that legal interpretation is context sensitive. Both of these issues requires continuous supervision and adjustments to algorithmic recommender systems when used for legal decision making purposes.

Keywords: administrative law, algorithmic decision-making, decision support, public law

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Authors: Alicia Kamischke, Souhail Elhouar, Yasser Khodair

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The American Institute of Steel Construction (AISC) Specification (360-10) provides equations for calculating the capacity of a W-shaped steel member to resist concentrated forces applied to its flange. In the case of flange local bending, the capacity equations were primarily formulated for an interior point along the member, which is defined to be at a distance larger than ten flange thicknesses away from the member’s end. When a concentrated load is applied within ten flange thicknesses from the member’s end, AISC requires a fifty percent reduction to be applied to the flange bending capacity. This reduction, however, is not supported by any research. In this study, finite element modeling is used to investigate the actual reduction in capacity near the end of such a steel member. The results indicate that the AISC equation for flange local bending is quite conservative for forces applied at less than ten flange thicknesses from the member’s end and a new equation is suggested for the evaluation of available flange local bending capacity within that distance.

Keywords: flange local bending, concentrated forces, column, flange capacity

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Authors: Ahmed S. Abdulrasool

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Recently sand wall started to gain more attention as the sand is easy to compact by using vibroflotation technique. An advantage of sand wall is the availability of different additives that can be mixed with sand to increase the stiffness of the sand wall and hence to increase its performance. In this paper, the bearing capacity of circular foundation surrounded by sand wall stabilized with lime is evaluated through laboratory testing. The studied parameters include different sand-lime walls depth (H/D) ratio (wall depth to foundation diameter) ranged between (0.0-3.0). Effect of lime percentages on the bearing capacity of skirted foundation models is investigated too. From the results, significant change is occurred in the behavior of shallow foundations due to confinement of the soil. It has been found that (H/D) ratio of 2 gives substantial improvement in bearing capacity, and beyond (H/D) ratio of 2, there is no significant improvement in bearing capacity. The results show that the optimum lime content is 11%, and the maximum increase in bearing capacity reaches approximately 52% at (H/D) ratio of 2.

Keywords: bearing capacity, circular foundation, clay soil, lime-sand wall

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Authors: Gianni Izzo

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The relation of Islam to its legal precepts, reflected in the various jurisprudential 'schools of thought' (madhahib), is one expressed in a version of 'positivism' (fiqh) providing the primary theory for deducing Qurʾan rulings and those from the narrations (hadith) of the Prophet Muhammad. Scholars of Islam, including Patricia Crone (2004) and others chronicled by Anver Emon (2005), deny the influence of natural law theories as extra-scriptural indices of revelation’s content. This paper seeks to dispute these claims by reference to historical and canonical examples within Shiʿa legal thought that emphasize the salient roles of ‘aql (reason), fitrah (primordial human nature), and lutf (divine grace). These three holistic features, congenital to every human, and theophanically reflected in nature make up a mode of moral intelligibility antecedent to prophetic revelation. The debate between the 'traditionalist' Akhbaris and 'rationalist' Usulis over the nature of deriving legal edicts in Islam is well-covered academic ground. Instead, an attempt is made to define and detail the built-in assumptions of natural law revealed in the jurisprudential summa of Imami Shiʿism, whether of either dominant school, that undergird its legal prescriptions and methods of deduction.

Keywords: Islam, fiqh, natural law, legal positivism, aql

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Authors: Rina Arum Prastyanti

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

Keywords: mobile commerce, legal protection, consumer, effectiveness

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Authors: Andri Hidayat, Zufialdi Zakaria, Raden Irvan Sophian

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Batam city within next five years are expected to experience water crisis. Sei Gong dam which is located in the Sijantung village, Galang District, Batam City, Riau Islands Province is one of 13 dams that will be built to solve the problems of raw water crisis in the Batam city. The purpose of this study are to determine the condition of engineering geology around Sei Gong Dam area, knowing the value of the soil bearing capacity and recommended pile foundation, and knowing the characteristics of the soil consolidation as one of the factors that affect the incidence of soil subsidence. Based on calculations for shallow foundation in general - soil shear condition and local - soil condition indicates that the highest value in ultimate soil bearing capacity (qu) for each depth was in the square foundations at two meters depth. The zonations of shallow foundation of the research area are divided into five zones, they are bearing capacity zone <10 ton/m2, bearing capacity zone 10-15 ton/m2, bearing capacity zone 15-20 ton/m2, bearing capacity zone 20-25 ton/m2, and bearing capacity zone >25 ton/m2. Based on the parameters of soil engineering analysis, Sei Gong Dam areas at the middle part has a higher value for land subsidence.

Keywords: ultimate bearing capacity, type of foundation, consolidation, land subsidence, Batam

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Authors: Pratyusha Das

Abstract:

A paradigm shift has been noticed in the interpretation of DNA evidence for determining paternity. Sometimes DNA evidence has been accepted while sometimes it was rejected by the Indian Courts. Courts have forwarded various justifications for acceptance and rejection of such evidence through legal and scientific means. Laws have also been changed to accommodate the necessities of society. Balances between both the legal and scientific approaches are required, to make the best possible use of DNA evidence for the well-being of the society. Specifications are to be framed as to when such evidence can be used in the future by pointing out the pros and cons. Judicial trend is to be formulated to find out the present situation. The study of cases of superior courts of India using an analytical and theoretical approach is driving the questions regarding the shared identity of the legal and scientific approaches. To assimilate the differences between the two approaches, the basic differences between them have to be formulated. Revelations are required to access the favorable decisions using the DNA evidence. Reasons are to be forwarded for the unfavorable decisions and the approach preferred in such cases. The outcome of the two methods has to be assessed in relation to the parties to the dispute, the society at large, the researcher and from the judicial point of view. The dependability of the two methods is to be studied in relation to the justice delivery system. A highlight of the chronological study of cases along with the changes in the laws with the aid of presumptions will address the questions of necessity of a method according to the facts and situations. Address is required in this respect whether the legal and scientific forces converge somewhere pushing the traditional identification of paternity towards a fundamental change.

Keywords: cases, evidence, legal, scientific

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Authors: Amy Gooden, Meshandren Naidoo

Abstract:

Genetic research and transfers of big data are not confined to a particular jurisdiction, but there is a lack of clarity regarding the legal requirements for importing and exporting such data. Using direct-to-consumer genetic testing (DTC-GT) as an example, this research assesses the status of data sharing into and out of South Africa (SA). While SA laws cover the sending of genetic data out of SA, prohibiting such transfer unless a legal ground exists, the position where genetic data comes into the country depends on the laws of the country from where it is sent – making the legal position less clear.

Keywords: cross-border, data, genetic testing, law, regulation, research, sharing, South Africa

Procedia PDF Downloads 104

Authors: Sarah Taylor, Nor Zarina Zainal Abidin, Mohd Zabri Adil Talib

Abstract:

Although cybercrime is on the rise, yet many Law Enforcement Agencies in Malaysia faces difficulty in establishing own digital forensics capability and capacity. The main reasons are undoubtedly because of the high cost and difficulty in convincing their management. A survey has been conducted among Malaysia’s Law Enforcement Agencies owning a digital forensics laboratory to understand their history of building digital forensics capacity and capability, the challenges and the impact of having own laboratory to their case investigation. The result of the study shall be used by other Law Enforcement Agencies in justifying to their management to establish own digital forensics capability and capacity.

Keywords: digital forensics, digital forensics capacity and capability, laboratory, law enforcement agency

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Authors: Han Bai, Tong Zhang, Lemei Yu, Doudou Xie, Liang Zhao

Abstract:

Road transition design on freeway tunnel entrance and exit is one vital factor in realizing smooth transition and improving traveling safety for vehicles. The goal of this research is to develop a horizontal road transition design tool that considers the transition technology of traffic capacity consistency to explore its accommodation mechanism. The influencing factors of capacity are synthesized and a modified capacity calculation model focusing on the influence of road width and lateral clearance is developed based on the VISSIM simulation to calculate the width of road transition sections. To keep the traffic capacity consistency, the right side of the transition section of the tunnel entrance and exit is divided into three parts: front arc, an intermediate transition section, and end arc; an optimization design on each transition part is conducted to improve the capacity stability and horizontal alignment transition. A case study on the Panlong Tunnel in Ji-Qing freeway illustrates the application of the tool.

Keywords: traffic safety, road transition, freeway tunnel, traffic capacity

Procedia PDF Downloads 298

Authors: Odai Ibrahim Mohammed Al Balasmeh, Tapas Karmaker, Richa Babbar

Abstract:

In this study, the reservoir capacity and sediment deposition were estimated using remote sensing data. The satellite images were synchronized with water level and storage capacity to find out the change in sediment deposition due to soil erosion and transport by streamflow. The water bodies spread area was estimated using vegetation indices, e.g., normalize differences vegetation index (NDVI) and normalize differences water index (NDWI). The 3D reservoir bathymetry was modeled by integrated water level, storage capacity, and area. From the models of different time span, the change in reservoir storage capacity was estimated. Another reservoir with known water level, storage capacity, area, and sediment deposition was used to validate the estimation technique. The t-test was used to assess the results between observed and estimated reservoir capacity and sediment deposition.

Keywords: satellite data, normalize differences vegetation index, NDVI, normalize differences water index, NDWI, reservoir capacity, sedimentation, t-test hypothesis

Procedia PDF Downloads 141

Authors: Richard J. Sobelsohn

Abstract:

Green Building and Sustainable Development help fight climate change, and protects the ozone, animal habitats, air quality, and ground water. The myriad of reasons to go Green has multiplied to the point that a developer that is building a ground-up or renovating/retrofitting a property has a plethora of choices to get to the green goal post. Sustainability not affects the bottom line but satisfies corporate mandates (ESG), consumer demand, market requirements, and the many laws dictating green building practices. The good news is that there are many paths a property owner can take to become green. The bad news is that there are many paths a property owner can take to become green, and they need to choose which direction to take. Certification of a building used to be the highest achievement in the Green building world. Now there are so many variables and laws with which a property owner must comply, and the legal analysis has mushroomed. Operation and Maintenance have also become one of the most important functions for a prudent Green Building owner. So adding to the “development/retrofit” parties involved in the sustainable building legal world, we now need to include all those people who keep the building green, and there are a lot of them!

Keywords: green building, sustainable development, legal issues, greenwashing, green cleaning, compliance, ESQ

Procedia PDF Downloads 93

Authors: Umeda Junaydova

Abstract:

Legal aid is a key element of access to justice. According to UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, state members bear the obligation to put in place accessible, effective, sustainable, and credible legal aid systems. Regarding this obligation, developing countries, such as Tajikistan, faced challenges in terms of financing this system. Thus, many developed nations have launched rule-of-law programs to support these states and ensure access to justice for all. Following independence from the Soviet Union, Tajikistan committed to introducing the rule of law and providing access to justice. This newly established country was weak, and the sudden outbreak of civil war aggravated the situation even more. The country needed external support and opened its door to attract foreign donors to assist it in its way to development. In 2015, Tajikistan, with the financial support of development partners, was able to establish a state-funded legal aid system that provides legal assistance to vulnerable and marginalized populations, including in criminal cases. In the beginning, almost the whole system was financed from donor funds; by that time, the contribution of the government gradually increased, and currently, it covers 80% of the total budget. All these governments' actions toward ensuring access to criminal legal aid for disadvantaged groups look promising; however, the reality is completely different. Currently, not all disadvantaged people are covered by these services, and their cases are most of the time considered without appropriate defense, which leads to violation of fundamental human rights. This research presents a comprehensive exploration of the interplay between donor assistance and the effectiveness of legal aid services in Tajikistan, with a specific focus on criminal cases involving vulnerable groups, such as women and children. In the context of Tajikistan, this study addresses a pressing concern: despite substantial financial support from international donors, state-funded legal aid services often fall short of meeting the needs of poor and vulnerable populations. The study delves into the underlying complexities of this issue and examines the structural, operational, and systemic challenges faced by legal aid providers, shedding light on the factors contributing to the ineffectiveness of legal aid services. Furthermore, it seeks to identify the root causes of these issues, revealing the barriers that hinder the delivery of adequate legal aid services. The research adopts a socio-legal methodology to ensure an appropriate combination of multiple methodologies. The findings of this research hold significant implications for both policymakers and practitioners, offering insights into the enhancement of legal aid services and access to justice for disadvantaged and marginalized populations in Tajikistan. By addressing these pressing questions, this study aims to fill the gap in legal literature and contribute to the development of a more equitable and efficient legal aid system that better serves the needs of the most vulnerable members of society.

Keywords: access to justice, legal aid, rule of law, rights for council

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