Search results for: alter ego doctrine
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 471

Search results for: alter ego doctrine

411 From Shelf to Shell - The Corporate Form in the Era of Over-Regulation

Authors: Chrysthia Papacleovoulou

Abstract:

The era of de-regulation, off-shore and tax haven jurisdictions, and shelf companies has come to an end. The usage of complex corporate structures involving trust instruments, special purpose vehicles, holding-subsidiaries in offshore haven jurisdictions, and taking advantage of tax treaties is soaring. States which raced to introduce corporate friendly legislation, tax incentives, and creative international trust law in order to attract greater FDI are now faced with regulatory challenges and are forced to revisit the corporate form and its tax treatment. The fiduciary services industry, which dominated over the last 3 decades, is now striving to keep up with the new regulatory framework as a result of a number of European and international legislative measures. This article considers the challenges to the company and the corporate form as a result of the legislative measures on tax planning and tax avoidance, CRS reporting, FATCA, CFC rules, OECD’s BEPS, the EU Commission's new transparency rules for intermediaries that extends to tax advisors, accountants, banks & lawyers who design and promote tax planning schemes for their clients, new EU rules to block artificial tax arrangements and new transparency requirements for financial accounts, tax rulings and multinationals activities (DAC 6), G20's decision for a global 15% minimum corporate tax and banking regulation. As a result, states are found in a race of over-regulation and compliance. These legislative measures constitute a global up-side down tax-harmonisation. Through the adoption of the OECD’s BEPS, states agreed to an international collaboration to end tax avoidance and reform international taxation rules. Whilst the idea was to ensure that multinationals would pay their fair share of tax everywhere they operate, an indirect result of the aforementioned regulatory measures was to attack private clients-individuals who -over the past 3 decades- used the international tax system and jurisdictions such as Marshal Islands, Cayman Islands, British Virgin Islands, Bermuda, Seychelles, St. Vincent, Jersey, Guernsey, Liechtenstein, Monaco, Cyprus, and Malta, to name but a few, to engage in legitimate tax planning and tax avoidance. Companies can no longer maintain bank accounts without satisfying the real substance test. States override the incorporation doctrine theory and apply a real seat or real substance test in taxing companies and their activities, targeting even the beneficial owners personally with tax liability. Tax authorities in civil law jurisdictions lift the corporate veil through the public registries of UBO Registries and Trust Registries. As a result, the corporate form and the doctrine of limited liability are challenged in their core. Lastly, this article identifies the development of new instruments, such as funds and private placement insurance policies, and the trend of digital nomad workers. The baffling question is whether industry and states can meet somewhere in the middle and exit this over-regulation frenzy.

Keywords: company, regulation, TAX, corporate structure, trust vehicles, real seat

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410 Towards a Dialogical Approach between Christianity and Hinduism: A Comparative Theological Analysis of the Concept of Logos, and Shabd

Authors: Abraham Kuruvilla

Abstract:

Since the inception of Christianity, one of the most important precepts has been that of the ‘word becoming flesh.’ Incarnation, as we understand it, is that the ‘word became flesh.’ As we know, it is a commonly held understanding that the concept of Logos was borrowed from the Greek religion. Such understanding has dominated our thought process. This is problematic as it does not draw out the deep roots of Logos. The understanding of Logos also existed in religion such as Hinduism. For the Hindu faith, the understanding of Shabd is pivotal. It could be arguably equated with the understanding of the Logos. The paper looks into the connection of the primal Christian doctrine of the Logos with that of the Hindu understanding of Shabd. The methodology of the paper would be a comparative theological analysis with the New Testament understanding of the Logos with that of the understanding of Shabd as perceived in the different Vedas of the Hindu faith. The paper would come to the conclusion that there is a conceptual connectivity between Logos and the Shabd. As such the understanding of Logos cannot just be attributed to the Greek understanding of Logos, but rather it predates the Greek understanding of Logos by being connected to the Hindu understanding of Shabd. Accordingly, such comparison brings out the implication for a constructive dialogue between Christianity and the Hindu faith.

Keywords: Christianity, Hinudism, Logos, Shabd

Procedia PDF Downloads 182
409 The Risk of Ground Movements After Digging Two Parallel Vertical Tunnel in Urban

Authors: Djelloul Chafia, Demagh Rafik, Kareche Toufik

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Human activities, made without precautions, accelerate the degradation of the soil structure and reduces its resistance. Operations, such as tunnel construction may exercise an influence more or less permanent on the grounds which surrounded them, these structures alter soil it is necessary to predict their impacts by suitable measures. This research is a numerical analysis that deals the risks and effects due to the weakening of the soil after digging two parallel vertical circular tunnels in urban areas, and suggests forecasting techniques based essentially on the organization of underground space. The simulations are performed using the finite-difference code FLAC in a two-dimensional case and with an elasto-plastic behavior of the soil.

Keywords: sol, weakening, degradation, prevention, tunnel

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408 Establishing the Legality of Terraforming under the Outer Space Treaty

Authors: Bholenath

Abstract:

Ever since Elon Musk revealed his plan to terraform Mars on national television in 2015, the debate regarding the legality of such an activity under the current Outer Space Treaty regime is gaining momentum. Terraforming means to alter or transform the atmosphere of another planet to have the characteristics of landscapes on Earth. Musk’s plan is to alter the entire environment of Mars so as to make it habitable for humans. He has long been an advocate of colonizing Mars, and in order to make humans an interplanetary species; he wants to detonate thermonuclear devices over the poles of Mars. For a common man, it seems to be a fascinating endeavor, but for space lawyers, it poses new and fascinating legal questions. Some of the questions which arise are whether the use of nuclear weapons on celestial bodies is permitted under the Outer Space Treaty? Whether such an alteration of the celestial environment would fall within the scope of the term 'harmful contamination' under Article IX of the treaty? Whether such an activity which would put an entire planet under the control of a private company can be permitted under the treaty? Whether such terraforming of Mars would amount to its appropriation? Whether such an activity would be in the 'benefit and interests of all countries'? This paper will be attempt to examine and elucidate upon these legal questions. Space is one such domain where the law should precede man. The paper follows the approach that the de lege lata is not capable of prohibiting the terraforming of Mars. Outer Space Treaty provides the freedoms of space and prescribes certain restrictions on those freedoms as well. The author shall examine the provisions such as Article I, II, IV, and IX of the Outer Space Treaty in order to establish the legality of terraforming activity. The author shall establish how such activity is peaceful use of the celestial body, is in the benefit and interests of all countries, and does neither qualify as national appropriation of the celestial body nor as its harmful contamination. The author shall divide the paper into three chapters. The first chapter would be about the general introduction of the problem, the analysis of Elon Musk’s plan to terraform Mars, and the need to study terraforming from the lens of the Outer Space Treaty. In the second chapter, the author shall attempt to establish the legality of the terraforming activity under the provisions of the Outer Space Treaty. In this vein, the author shall put forth the counter interpretations and the arguments which may be formulated against the lawfulness of terraforming. The author shall show as to why the counter interpretations establishing the unlawfulness of terraforming should not be accepted, and in doing so, the author shall provide the interpretations that should prevail and ultimately establishes the legality of terraforming activity under the treaty. In the third chapter, the author shall draw relevant conclusions and give suggestions.

Keywords: appropriation, harmful contamination, peaceful, terraforming

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407 Geopolitical Architecture: The Strategic Complex in Indo Pacific Region

Authors: Muzammil Dar

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The confluence of trans-national interests and divergent approaches followed by multiple actors has surrounded the Indo-Pacific region with myriad of strategic complexes- Geo-Political, Geo-economic, and security. This paper has thus made a humble attempt to understand the Indo-Pacific strategic predicament from Asia-Pacific perspective. The portmanteau of Indo-Pacific strategic gamble has multiple actors from global powers to regional actors. On the indo-pacific waters, not only flow trade relations, but the tides of conflicts and controversies are striking these actors against each other. The alliance formation and infrastructure building has built-in threat perceptions from rivals vice-versa. The assertiveness of China as a reality and India’s ideological doctrine of peace and friendship, as well as American rebalancing against China, could be seen as clear and bright on the Indo-Pacific strategic portmanteau. ASEAN and Japan, too, have oscillating posturing in the strategic dilemma. The aim and objective of the paper are to sketch out the prospectus and prejudices of Indo-pacific strategic complex.

Keywords: Indo Pacific, Asia Pacific, security and growth for all in the region, SAGAR, ASEAN China

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406 Nature of Maritime Dispute Resolution by Arbitration: USA as a Reference Point

Authors: Thusitha B. Abeysekara, M. A. Nihal Chandrathilake

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The aim of this research is to examine the legal mechanism of resolving maritime disputes by arbitration, and it would be a reference point on the analysis of USA approaches. In doing so, the research aims to analyse the relevant legal principles in the context of current maritime arbitration practices in selected jurisdictions. The research also aims to analyse the advantages and applicability of arbitration in maritime dispute settlements over the litigation and further approaches the role of specialist maritime arbitration institutes in the USA and the position of international merchant organizations in maritime arbitration. Further, research values the legislative aspects of maritime arbitration. The study would evaluate the contemporary issues in maritime arbitration practices in the USA and further analyses the statistical information on maritime arbitration. Finally, the research made remarks to often parallel consequence in USA legal systems in maritime arbitration and despite the fundamental divergences of the applicable principles and practices of maritime arbitration. The research finally suggests the doctrine should reshape with equitable remedies and international maritime arbitration practices with its institutional impact rather than using as statutory rules related maritime arbitration.

Keywords: arbitration, international shipping, maritime dispute, New York convention

Procedia PDF Downloads 195
405 The Debacle of the Social Pact: Finding a New Theoretical Framework for Egalitarian Justice

Authors: Abosede Priscilla Ipadeola

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The quest for egalitarian justice requires a suitable theoretical foundation that can address the problem of marginalization and subjugation arising from various forms of oppression, such as sexism, racism, classism, and others. Many thinkers and societies have appealed to contractarianism, a theory that has been widely regarded as a doctrine of egalitarianism by some political theorists for about five centuries. Despite its numerous criticisms, the social contract still enjoys a prominent status as a key theory for egalitarian justice. However, Pateman and Mills have contended that the contractarian approach legitimizes gender and racial inequalities by excluding and marginalizing women and people of color from the original agreement. Therefore, the social contract is incapable of generating or fostering equality. This study proposes postcontractarianism, which is a viable alternative to the social contract. Postcontractarianism argues that the basis for egalitarianism cannot be grounded on agreement but rather on understanding. Postcontractarianism draws on Jorge Nef’s idea of mutual vulnerability and Obiri (an African theory of cosmology) to argue for the imperative of social equality.

Keywords: postcontractarianism, obiri, mutual vulnerability, egalitarianism, the social contract

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404 Assessing the Impact of Decentralization on Governance and Development in Malawi

Authors: Vincent Chumbu

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This study examines the impact of decentralization on development and government in Malawi. Decentralization has been a key element in Malawi's attempts to alter its political system since the early 1990s. This study uses both qualitative and quantitative methods to look into how well devolution promotes local development, improves service delivery, and supports effective governance. The findings suggest that while devolution has resulted in particular improvements in local government or service provision, significant challenges persist. Limited financial decentralization, inadequate local competency, and governmental meddling in local decision-making processes are some of these difficulties. The paper concludes with recommendations for strengthening Malawi's decentralization initiatives to better promote good governance and sustainable development.

Keywords: governance, development, malawi, local government

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403 Employees Retention through Effective HR Practices

Authors: Choi Sang Long

Abstract:

It is vital for Human Resource (HR) managers to address and overcome employees’ turnover intention in their organization. Ability to keep good employees is critical for ensuring success of the organization in future. People are seeking many ways of live that is meaningful and less complicated and this new lifestyle actually has an impact on how an employee must be motivated and managed. Therefore, this paper discusses extensively on the impact of human resource practices that can alter the negative effect on the organization due to high employees’ turnover. These critical practices are employees’ career development, performance management, training and a fair compensation scheme.

Keywords: turnover intention, career development, performance management, compensation, human resource management, organization

Procedia PDF Downloads 457
402 Law of the River and Indigenous Water Rights: Reassessing the International Legal Frameworks for Indigenous Rights and Water Justice

Authors: Sultana Afrin Nipa

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Life on Earth cannot thrive or survive without water. Water is intimately tied with community, culture, spirituality, identity, socio-economic progress, security, self-determination, and livelihood. Thus, access to water is a United Nations recognized human right due to its significance in these realms. However, there is often conflict between those who consider water as the spiritual and cultural value and those who consider it an economic value thus being threatened by economic development, corporate exploitation, government regulation, and increased privatization, highlighting the complex relationship between water and culture. The Colorado River basin is home to over 29 federally recognized tribal nations. To these tribes, it holds cultural, economic, and spiritual significance and often extends to deep human-to-non-human connections frequently precluded by the Westphalian regulations and settler laws. Despite the recognition of access to rivers as a fundamental human right by the United Nations, tribal communities and their water rights have been historically disregarded through inter alia, colonization, and dispossession of their resources. Law of the River such as ‘Winter’s Doctrine’, ‘Bureau of Reclamation (BOR)’ and ‘Colorado River Compact’ have shaped the water governance among the shareholders. However, tribal communities have been systematically excluded from these key agreements. While the Winter’s Doctrine acknowledged that tribes have the right to withdraw water from the rivers that pass through their reservations for self-sufficiency, the establishment of the BOR led to the construction of dams without tribal consultation, denying the ‘Winters’ regulation and violating these rights. The Colorado River Compact, which granted only 20% of the water to the tribes, diminishes the significance of international legal frameworks that prioritize indigenous self-determination and free pursuit of socio-economic and cultural development. Denial of this basic water right is the denial of the ‘recognition’ of their sovereignty and self-determination that questions the effectiveness of the international law. This review assesses the international legal frameworks concerning indigenous rights and water justice and aims to pinpoint gaps hindering the effective recognition and protection of Indigenous water rights in Colorado River Basin. This study draws on a combination of historical and qualitative data sets. The historical data encompasses the case settlements provided by the Bureau of Reclamation (BOR) respectively the notable cases of Native American water rights settlements on lower Colorado basin related to Arizona from 1979-2008. This material serves to substantiate the context of promises made to the Indigenous people and establishes connections between existing entities. The qualitative data consists of the observation of recorded meetings of the Central Arizona Project (CAP) to evaluate how the previously made promises are reflected now. The study finds a significant inconsistency in participation in the decision-making process and the lack of representation of Native American tribes in water resource management discussions. It highlights the ongoing challenges faced by the indigenous people to achieve their self-determination goal despite the legal arrangements.

Keywords: colorado river, indigenous rights, law of the river, water governance, water justice

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401 Aerodynamic Effects of Ice and Its Influences on Flight Characteristics of Low Speed Unmanned Aerial Vehicles

Authors: I. McAndrew, K. L. Witcher, E. Navarro

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This paper presents the theory and application of low-speed flight for unmanned aerial vehicles when subjected to surface environmental conditions such as ice on the leading edge and upper surface. A model was developed and tested in a wind tunnel to see how theory compares with practice at various speed including take-off, landing and operational applications where head winds substantially alter parameters. Furthermore, a comparison is drawn with maned operations and how that this subject is currently under-supported with accurate theory or knowledge for designers or operators to make informed decision or accommodate individual applications. The effects of ice formation for lift and drag are determined for a range of different angles of attacks.

Keywords: aerodynamics, environmental influences, glide path ratio, unmanned vehicles

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400 The Interfaith Dialogue by William Milne by the First Chinese Study Bible

Authors: Liu Yuan-Jian, Chou Fu-Chu

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The study Bible was published in 1825 after Milne’s death, containing large amounts of paraphrasing, exhortations, notes, and commentaries to facilitate readers' scripture engagement. The methodologies employed include text analysis and discourse analysis. This study shows that to enable Chinese readers, uninitiated in the Gospel and deeply influenced by Confucian ethics and paganism, to understand the Bible and apply it to their daily living, Milne not only paraphrased the verses but also used metaphors and rhetorical techniques for explaining the background information of the Bible, teaching biblical doctrine, combating paganism, and exhorting readers to believe in the Gospel. Moreover, Milne also tries to clarify the scripture in the context of Chinese culture, giving the readers a clear way to put the scripture into practice in their daily living. His exposition had successfully made a breakthrough from the British and Foreign Bible Society's “Without Note or Comment” principle and showed a useful instrument for promoting interfaith dialogue.

Keywords: interfaith dialogue, William Milne, Chinese study Bible, exposition, “Without Note or Comment” principle

Procedia PDF Downloads 54
399 [Keynote Talk]: Aerodynamic Effects of Ice and Its Influences on Flight Characteristics of Low Speed Unmanned Aerial Vehicles

Authors: I. McAndrew, K. L. Witcher, E. Navarro

Abstract:

This paper presents the theory and application of low speed flight for unmanned aerial vehicles when subjected to surface environmental conditions such as ice on the leading edge and upper surface. A model was developed and tested in a wind tunnel to see how theory compares with practice at various speed including take-off, landing and operational applications where head winds substantially alter parameters. Furthermore, a comparison is drawn with maned operations and how that this subject is currently under supported with accurate theory or knowledge for designers or operators to make informed decision or accommodate individual applications. The effects of ice formation for lift and drag are determined for a range of different angles of attacks.

Keywords: aerodynamics, low speed flight, unmanned vehicles, environmental influences

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398 An Approach from Fichte as a Response to the Kantian Dualism of Subject and Object: The Unity of the Subject and Object in Both Theoretical and Ethical Possibility

Authors: Mengjie Liu

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This essay aims at responding to the Kant arguments on how to fit the self-caused subject into the deterministic object which follows the natural laws. This essay mainly adopts the approach abstracted from Fichte’s “Wissenshaftslehre” (Doctrine of Science) to picture a possible solution to the conciliation of Kantian dualism. The Fichte approach is based on the unity of the theoretical and practical reason, which can be understood as a philosophical abstraction from ordinary experience combining both subject and object. This essay will discuss the general Kantian dualism problem and Fichte’s unity approach in the first part. Then the essay will elaborate on the achievement of this unity of the subject and object through Fichte’s “the I posits itself” process in the second section. The following third section is related to the ethical unity of subject and object based on the Fichte approach. The essay will also discuss the limitation of Fichte’s approach from two perspectives: (1) the theoretical possibility of the existence of the pure I and (2) Schelling’s statement that the Absolute I is a result rather than the originating act. This essay demonstrates a possible approach to unifying the subject and object supported by Fichte’s “Absolute I” and ethical theories and also points out the limitations of Fichte’s theories.

Keywords: Fichte, identity, Kantian dualism, Wissenshaftslehre

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397 Technological Improvements and the Challenges They Pose to Market Competition in the Philippines

Authors: Isabel L. Guidote

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Continued advancements and innovation in the technological arena may yield both beneficial and detrimental effects to market competition in the Philippines. This paper discusses recent developments in the digital sphere which have resulted in improved access to the Philippine market for both producers and consumers. Acknowledging that these developments are likely to disrupt or alter prevailing market conditions, this paper likewise tackles competition theories of harm that may arise as a result of such technological innovations, with reference to cases decided by foreign competition authorities and the European Commission. As the Philippine moves closer to the digital frontier, it is imperative that producers, consumers, and regulators alike be well-equipped to address the risks and challenges posed by these rapid advancements in technology.

Keywords: antitrust, competition law, market competition, technology

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396 The Book of Lies: The Christian Bible's Colonialism over and Appropriation of Occultism

Authors: Samantha Huff

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This research seeks to examine the relationship between occultism and the traditional religion of Christianity. The focus of this particular project is to deconstruct occultism and occult religion: how it develops, where it is applied, how and when it is applied. The next step is to make connections between the structure of occultism and the structure of Christianity. Do Christianity and the Occult appear, textually, the same way? What does that mean culturally? This project seeks to examine the historical similarities of occultism and Christianity practices and tradition, and how, as a whole, Christianity appropriates and colonializes occultism through examination into the Christian Bible and popular occult texts: The Book of the Law by Aleister Crowley and The Secret Doctrine: The Synthesis of Science, Religion, and Philosophy by Helena Petrovna Blavatsky. Through examining occultism and Christianity and applying it to popular cultural theories (Ritual Space by Nick Couldry, Muted Group Theory by Shirley Ardener, and Mythologies by Roland Barethes), it is entirely possible to see how Christianity appropriates occultism and uses their stronghold on society as a means to colonialize occult traditions and practices.

Keywords: appropriation, Christianity, colonialism, cultural theory, muted group theory, mythologies, occultism, ritual space

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395 Effect of Precursor’s Grain Size on the Conversion of Microcrystalline Gallium Antimonide GaSb to Nanocrystalline Gallium Nitride GaN

Authors: Jerzy F. Janik, Mariusz Drygas, Miroslaw M. Bucko

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A simple precursor system has been recently developed in our laboratory for the conversion of affordable microcrystalline gallium antimonide GaSb to a range of nanocrystalline powders of gallium nitride GaN – a wide bandgap semiconductor indispensable in modern optoelectronics. The process relies on high temperature nitridation reactions of GaSb with ammonia. Topochemical relationships set up by the cubic lattice of GaSb result in some metastable cubic GaN formed in addition to the stable hexagonal GaN. A prior application of high energy ball milling to the initially microcrystalline GaSb precursor is shown to alter the nitridation output.

Keywords: nanocrystalline, gallium nitride, GaN, gallium antimonide, GaSb, nitridation, ball milling

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394 Determination of the Friction Coefficient of AL5754 Alloy by Ring Compression Test: Experimental and Numerical Survey

Authors: P. M. Keshtiban, M. Zadshakoyan

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One of the important factors that alter different process and geometrical parameters on metal forming processes is friction between contacting surfaces. Some important factors that effected directly by friction are: stress, strain, required load, wear of surfaces and then geometrical parameters. In order to control friction effects permanent lubrication is necessary. In this article, the friction coefficient is elicited by the most effective method, ring compression tests. The tests were done by both finite element method and practical tests. Different friction curves that extracted by finite element simulations and has good conformity with published results, used for obtaining final friction coefficient. In this study Mos2 is used as the lubricant and Al5754 alloy used as the specimens material.

Keywords: experiment, FEM, friction coefficient, ring compression

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393 Computational Fluid Dynamics Analysis of an RC Airplane Wing Using a NACA 2412 Profile at Different Angle of Attacks

Authors: Huseyin Gokberk, Shian Gao

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CFD analysis of the relationship between the coefficients of lift and drag with respect to the angle of attack on a NACA 2412 wing section of an RC plane is conducted. Both the 2D and 3D models are investigated with the turbulence model. The 2D analysis has a free stream velocity of 10m/s at different AoA of 0°, 2°, 5°, 10°, 12°, and 15°. The induced drag and drag coefficient increased throughout the changes in angles even after the critical angle had been exceeded, whereas the lift force and coefficient of lift increased but had a limit at the critical stall angle, which results in values to reduce sharply. Turbulence flow characteristics are analysed around the aerofoil with the additions caused due to a finite 3D model. 3D results highlight how wing tip vortexes develop and alter the flow around the wing with the effects of the tapered configuration.

Keywords: CFD, turbulence modelling, aerofoil, angle of attack

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392 Access to Climate Change Information Through the Implementation of the Paris Agreement

Authors: Ana Cristina A. P. Carvalho, Solange Teles Da Silva

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In April, 174 countries signed the Paris Agreement, a multilateral agreement on climate change which deals with greenhouse gas emissions, mitigation, adaptation, finance, access to information, transparency, among other subjects related to the environment. Since then, Parties shall cooperate in taking measures, as appropriate, to enhance climate change education, training, public awareness, public participation and public access to information, recognizing the importance of these steps with respect to enhancing actions under this Agreement. This paper aims to analyze the consequences of this new rule in terms of the implementation of the Agreement, collecting data from Brazilian and Canadian legislations in order to identify if these countries have rules complying with the Treaty, the steps that have been already taken and if they could be used as examples for other countries. The analysis will take into consideration the different kinds of climate change information, means of transparency, reliability of the data and how to spread the information. The methodology comprehends a comparative legal research based on both the Paris Agreement and domestic laws of Brazil and Canada, as well as on doctrine and Court decisions. The findings can contribute to the implementation of the Paris Agreement through compliance with this Treaty at countries’ domestic and policy level.

Keywords: climate change information, domestic legislation, Paris Agreement, public policy

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391 Numerical Study on Enhancement of Heat Transfer by Turbulence

Authors: Muhammad Azmain Abdullah, Ar Rashedul, Mohammad Ali

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This paper scrutinizes the influences of turbulence on heat transport rate, Nusselt number. The subject matter of this investigation also deals with the improvement of heat transfer efficiency of the swirl flow obtained by rotating a twisted tape in a circular pipe. The conditions to be fulfilled to observe the impact of Reynolds number and rotational speed of twisted tape are: a uniform temperature on the outer surface of the pipe, the magnitude of velocity of water varying from 0.1 m/s to 0.7 m/s in order to alter Reynolds number and a rotational speed of 200 rpm to 600 rpm. The gyration of twisted tape increase by 17%. It is also observed that heat transfer is exactly proportional to inlet gauge pressure and reciprocally proportional to increase of twist ratio.

Keywords: swirl flow, twisted tape, twist ratio, heat transfer

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390 Norm Evolution through Contestation: Role of Legality from Humanitarian Intervention to Responsibility to Protect

Authors: Nazlı Üstünes Demirhan

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International norms are subject to pressures of change through contestation during the course of their lifetimes. The nature of the contestation is one of the factors that are likely to have a determinative role in the direction of this change towards a stronger or weaker norm. This paper aims to understand the relation between the legality of contestation and the direction of change in norm strength. Based on a multidimensional norm strength conceptualization, it is hypothesized that use of legal logic and rhetoric of argumentation would have a positive influence for norm strength, whereas non-legal nature of contestation would lack this and weaken the norm. In order to show this, the evolution of the human protection norm between 1999 and 2018 will be examined with reference to two major contestation periods; Kosovo intervention of 1999, which led to the development of R2P doctrine, and Libya intervention of 2011, which is followed by the demise of the norm. The comparative analysis will be conducted through process tracing method with a document analysis on the Security Council meeting minutes, resolutions, and press releases. This study aims to contribute to the norm contestation literature with the introduction of legal process analysis. It also relates to further questions in IR/IL nexus, relating to the value added of norm legality as well as the politics of legalization.

Keywords: humanitarian intervention, legality, norm contestation, norm dynamics, norm strength, responsibility to protect

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389 The User Acceptance of Autonomous Shuttles in Pretoria

Authors: D. Onanena Adegono, P. Altinsoy, A. Schuster, P. Schäfer

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Autonomous vehicles look set to drastically alter the way we move people and goods, in urban as well as rural areas. However, little has been written about Africa with this regard. Moreover, in order for this new technology to be adopted, user acceptance is vital. The current research examines the user acceptance of autonomous minibus shuttles, as a solution for first/last mile public transport in Pretoria, South Africa. Of the respondents surveyed, only 2.31% perceived them as not useful. Respondents showed more interest in using these shuttles in combination with the bus rapid transit system (75.4%) as opposed to other modes of public transportation (40%). The significance of these findings is that they can help ensure that the implementation of autonomous public transport in South Africa is adapted to the local user. Furthermore, these findings could be adapted for other South African cities and other cities across the continent.

Keywords: autonomous buses and shuttles, autonomous public transport, urban mobility, user acceptance

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388 Vegetative Materia Medica for the Women Illness in mss2999 Kitab Tibb: A Modern Medical Interpretation of a Malay Medical Manuscript

Authors: Wan Aminah Hasbullah

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The knowledge of medicine in Malay society stemmed out from the need to remedy disease process. Such knowledge came from observations by looking at the signs on the plants which signify it uses, the doctrine of signature, and also observing what kind of animal and its parts that can be used to treat the disease. Prayers (jampi and doa’) play a very important role in the therapeutic processes addressing the ethereal part of the body. In Malay medicine, prayers were said in the heart of the Malay bomoh (medicine man) when they are first approaching the diseased person, seeking the help of Allah in accurately directing his mind into making the right diagnosis and subsequently the right choice of treatment. In the making of medicine, similar rituals were religiously followed, starting from gathering the materia medica to the final concoction of the medicine. Thus, all the materia medica and the prayers in Malay medicine were gathered and documented in the medical manuscript known as MSS 2999 Kitab Tibb. For this study, a collection of vegetative materia medica which is specialized for the women illness from this manuscript will be gathered and analysed. A medical and cultural interpretation will be highlighted to see the relationship between efficacy in traditional Malay medicine as practiced in the past and the recent practice of the modern medicine.

Keywords: vegetative, materia medica, woman illness, Malay medical manuscript

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387 Association of Xeroderma pigmentosum Group D Gene Polymorphism with Colorectal Cancer Risk in Kashmiri Population

Authors: Syed Sameer Aga, Saniya Nissar

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The Xeroderma pigmentosum group D gene (XPD) plays a key role in nucleotide excision repair (NER) pathway of the damaged DNA. Genetic polymorphisms in the coding region of the XPD gene may alter DNA repair capacity of the protein and hence can modulate the risk of colorectal cancer (CRC) risk. The aim of the study was to determine the genetic association of XPD Lys751Gln polymorphism with the risk of colorectal cancer (CRC) development. 120 CRC patients and 160 normal controls were assessed for genotype frequencies of XPD Lys751Gln polymorphism using PCR-RFLP technique. We observed a significant association (p < 0.05) between the XPD Lys751Gln polymorphism and the risk of developing CRC (p < 0.05). Additionally, Gln/Gln genotype of the XPD gene doubled the risk for the development of CRC [p < 0.05; OR=2.25 95% CI (1.07-4.7)]. Our results suggest that there is a significant association between the XPD Lys751Gln polymorphism and the risk of CRC.

Keywords: colorectal cancer, polymorphism, RFLP, DNA Repair, NER, XPD

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386 RNA Interference Technology as a Veritable Tool for Crop Improvement and Breeding for Biotic Stress Resistance

Authors: M. Yusuf

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The recent discovery of the phenomenon of RNA interference has led to its application in various aspects of plant improvement. Crops can be modified by engineering novel RNA interference pathways that create small RNA molecules to alter gene expression in crops or plant pests. RNA interference can generate new crop quality traits or provide protection against insects, nematodes and pathogens without introducing new proteins into food and feed products. This is an advantage in contrast with conventional procedures of gene transfer. RNA interference has been used to develop crop varieties resistant to diseases, pathogens and insects. Male sterility has been engineered in plants using RNA interference. Better quality crops have been developed through the application of RNA interference etc. The objective of this paper is to highlight the application of RNA interference in crop improvement and to project its potential future use to solve problems of agricultural production in relation to plant breeding.

Keywords: RNA interference, application, crop Improvement, agricultural production

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385 Initial Settlers and Gender Norms: Evidence From the United States

Authors: Joanne Haddad

Abstract:

The distinctive traits of early settlers at initial stages of institutional development may be crucial for cultural formation. In 1973, the cultural geographer Wilbur Zelinsky postulated this in his doctrine of “first effective settlement”. There is however little empirical evidence supporting the role of early settlers in shaping culture over the long run. This paper tests this hypothesis by relating early settlers’ culture to within state variation in gender norms in the United States. Settlers’ culture is captured using past female labor force participation, women’s suffrage, and financial rights at their place of origin. The paper documents the distinctive characteristics of settlers’ populations and provide suggestive evidence in support of the transmission of gender norms across space and time. Results from this analysis show that women’s labor supply is higher, in both the short and long run, in U.S. counties that historically hosted a larger settler population originating from places with favorable gender attitudes. Findings from this study shed new light on the importance of the characteristics of immigrants and their place of origin for cultural formation in hosting societies.

Keywords: female labor force participation, settlers, gender norms, cultural formation.

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384 Secured Embedding of Patient’s Confidential Data in Electrocardiogram Using Chaotic Maps

Authors: Butta Singh

Abstract:

This paper presents a chaotic map based approach for secured embedding of patient’s confidential data in electrocardiogram (ECG) signal. The chaotic map generates predefined locations through the use of selective control parameters. The sample value difference method effectually hides the confidential data in ECG sample pairs at these predefined locations. Evaluation of proposed method on all 48 records of MIT-BIH arrhythmia ECG database demonstrates that the embedding does not alter the diagnostic features of cover ECG. The secret data imperceptibility in stego-ECG is evident through various statistical and clinical performance measures. Statistical metrics comprise of Percentage Root Mean Square Difference (PRD) and Peak Signal to Noise Ratio (PSNR). Further, a comparative analysis between proposed method and existing approaches was also performed. The results clearly demonstrated the superiority of proposed method.

Keywords: chaotic maps, ECG steganography, data embedding, electrocardiogram

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383 Protection of Website Owners' Rights: Proportionality of Website Blocking in Russia and Beyond

Authors: Ekaterina Semenova

Abstract:

The article explores the issue of website owners’ liability for the illicit content. Whilst various issues of secondary liability of internet access providers for the illicit content have been widely discussed in the law doctrine, the liability of website owners has attracted less attention. Meanwhile, the website blocking injunctions influence website owners’ rights most, since website owners have the interest to keep their website online, rather than internet access providers. The discussion of internet access providers’ liability overshadows the necessity to protect the website owners’ rights to due process and proportionality of blocking injunctions. The analysis of Russian website blocking regulation and case law showed that the protection of website owners’ rights depends on the kind of illicit content: some content induces automatic blocking injunctions without prior notice of website owners and any opportunity to appeal, while other content does not invoke automatic blocking and provides an opportunity for the website owner to avoid or appeal an injunction. Comparative analysis of website blocking regulations in European countries reveals different approaches to the proportionality of website blocking and website owner’s rights protection. Based on the findings of the study, we conclude that the global trend to impose website blocking injunctions on wide range of illicit content without due process of law interferes with the rights of website owners.

Keywords: illicit content, liability, Russia, website blocking

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382 Non-Singular Gravitational Collapse of a Dust Cloud in Einstein-Cartan Theory

Authors: Amir Hadi Ziaie, Mostafa Hashemi, Shahram Jalalzadeh

Abstract:

It is now known that the end state of the collapse process of a dense star under its own gravity is the formation of a spacetime singularity. This is the spacetime event where the energy density and spacetime curvature diverge, and the classical general relativity breaks down. As we know, a realistic star is composed of fermions so that their spin effects could alter the final fate of the collapse scenario. The underlying theory within which the inclusion of spin effects can be worked out is the Einstein-Cartan theory. In this theory, the spacetime torsion which is defined as a geometrical quantity, is related to an intrinsic angular momentum of fermions (spin). In this work, we study the collapse process of a homogeneous spin fluid in such a framework and show that taking into account the spin effects of the collapsing cloud could prevent the formation of spacetime singularity.

Keywords: gravitational collapse, einstein-cartan theory, spacetime singularity, black hole physics

Procedia PDF Downloads 369