Search results for: articulation agreements
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 309

Search results for: articulation agreements

309 Dialect and Gender Variations in the Place and Manner of Articulation of the Korean Fricatives

Authors: Kyung-Im Han

Abstract:

This study examines dialect and gender variations in the place and manner of articulation between the two Korean fricatives, /s/ and /s’/, as produced by speakers of the Daegu and Jeju dialects. The acoustic parameters of center of gravity and skewness for the place of articulation, and the rise time and the amplitude rise slope for the manner of articulation were measured. The study results revealed a gender effect, but no dialect effect, for the center of gravity and the skewness. No main effect for either the gender or dialect was found for the rise time and the amplitude rise slope. These findings indicated that, with regard to the place of articulation, Korean fricative sound differences are a gender distinction, not a dialectal one.

Keywords: dialect, gender, Korean fricative, manner of articulation, place of articulation, spectral moments

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308 Co-Articulation between Consonant and Vowel in Cantonese Syllables

Authors: Wai-Sum Lee

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This study investigates C-V and V-C co-articulation in Cantonese monosyllables of the CV, VC or CVC structure, with C = one of the three stop consonants [p, t, k] and V = one of the three corner vowels [i, a, u]. Five repetitions of each test syllable on a randomized list were elicited from Cantonese young adult speakers in their early-20s. A research tool, EMA AG500, was used to record the synchronized audio signals and articulatory data at three different locations of the tongue – tongue tip, tongue middle, and tongue back – and the positions of the upper and lower lips during the test syllables. The main findings based on the articulatory data collected from two male Cantonese speakers are as follows: (i) For the syllable-initial [p-], strong co-articulation is observed when [p-] preceding the high vowel [i] or [u], but not the low vowel [a]. As for the syllable-final [-p], it is strongly co-articulated with the preceding vowel, even when the vowel is [a]. (ii) The co-articulation between the initial [t-] and the following vowel of any type is weak. In the syllable-final position, the degree of co-articulatory resistance of [-t] is also large when following the vowel [u], but [-t] is largely co-articulated with the preceding vowel when the vowel is [i] or [a]. (iii) The strength of co-articulation differs when the initial [k-] precedes the different types of vowel. A stronger co-articulation between [k-] and [i] than between [k-] and [u], and the strength of co-articulation is much reduced between [k-] and [a]. However, in the syllable-final position, there is strong co-articulation between [-k] and the preceding vowel [a]. (iv) Among the three types of stop consonants in the syllable-initial position, the decreasing degree of co-articulatory resistance (CR) is [t-] > [k-] > [p-], and the degree of CR is reduced during all three types of stop in the syllable-final position. In general, the data on co-articulation between consonant and vowel in the Cantonese monosyllables are similar to those in other languages reported in previous studies.

Keywords: Cantonese, co-articulation, consonant, vowel

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307 Imprecise Vowel Articulation in Down Syndrome: An Acoustic Study

Authors: Anitha Naittee Abraham, N. Sreedevi

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Individuals with Down syndrome (DS) have relatively better expressive language compared to other individuals with intellectual disabilities. Reduced speech intelligibility is one of the major concerns of this group of individuals due to their anatomical and physiological differences. The study investigated the vowel articulation of Malayalam speaking children with DS in the age range of 5-10 years. The vowel production of 10 children with DS was compared with typically developing children in the same age range. Vowels were extracted from 3 words with the corner vowels /a/, /i/ and /u/ in the word-initial position, using Praat (version 5.3.23) software. Acoustic analysis was based on vowel space area (VSA), Formant centralization ration (FCR) and F2i/F2u. The findings revealed increased formant values for the control group except for F2a and F2u. Also, the experimental group had higher FCR, lower VSA, and F2i/F2u values suggestive of imprecise vowel articulation due to restricted tongue movements. The results of the independent t-test revealed a significant difference in F1a, F2i, F2u, VSA, FCR and F2i/F2u values between the experimental and control group. These findings support the fact that children with DS have imprecise vowel articulation that interferes with the overall speech intelligibility. Hence it is essential to target the oromotor skills to enhance the speech intelligibility which in turn benefit in the social and vocational domains of these individuals.

Keywords: Down syndrome, FCR, vowel articulation, vowel space

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306 Compensatory Articulation of Pressure Consonants in Telugu Cleft Palate Speech: A Spectrographic Analysis

Authors: Indira Kothalanka

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For individuals born with a cleft palate (CP), there is no separation between the nasal cavity and the oral cavity, due to which they cannot build up enough air pressure in the mouth for speech. Therefore, it is common for them to have speech problems. Common cleft type speech errors include abnormal articulation (compensatory or obligatory) and abnormal resonance (hyper, hypo and mixed nasality). These are generally resolved after palate repair. However, in some individuals, articulation problems do persist even after the palate repair. Such individuals develop variant articulations in an attempt to compensate for the inability to produce the target phonemes. A spectrographic analysis is used to investigate the compensatory articulatory behaviours of pressure consonants in the speech of 10 Telugu speaking individuals aged between 7-17 years with a history of cleft palate. Telugu is a Dravidian language which is spoken in Andhra Pradesh and Telangana states in India. It is a language with the third largest number of native speakers in India and the most spoken Dravidian language. The speech of the informants is analysed using single word list, sentences, passage and conversation. Spectrographic analysis is carried out using PRAAT, speech analysis software. The place and manner of articulation of consonant sounds is studied through spectrograms with the help of various acoustic cues. The types of compensatory articulation identified are glottal stops, palatal stops, uvular, velar stops and nasal fricatives which are non-native in Telugu.

Keywords: cleft palate, compensatory articulation, spectrographic analysis, PRAAT

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305 Role of Speech Articulation in English Language Learning

Authors: Khadija Rafi, Neha Jamil, Laiba Khalid, Meerub Nawaz, Mahwish Farooq

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Speech articulation is a complex process to produce intelligible sounds with the help of precise movements of various structures within the vocal tract. All these structures in the vocal tract are named as articulators, which comprise lips, teeth, tongue, and palate. These articulators work together to produce a range of distinct phonemes, which happen to be the basis of language. It starts with the airstream from the lungs passing through the trachea and into oral and nasal cavities. When the air passes through the mouth, the tongue and the muscles around it form such coordination it creates certain sounds. It can be seen when the tongue is placed in different positions- sometimes near the alveolar ridge, soft palate, roof of the mouth or the back of the teeth which end up creating unique qualities of each phoneme. We can articulate vowels with open vocal tracts, but the height and position of the tongue is different every time depending upon each vowel, while consonants can be pronounced when we create obstructions in the airflow. For instance, the alphabet ‘b’ is a plosive and can be produced only by briefly closing the lips. Articulation disorders can not only affect communication but can also be a hurdle in speech production. To improve articulation skills for such individuals, doctors often recommend speech therapy, which involves various kinds of exercises like jaw exercises and tongue twisters. However, this disorder is more common in children who are going through developmental articulation issues right after birth, but in adults, it can be caused by injury, neurological conditions, or other speech-related disorders. In short, speech articulation is an essential aspect of productive communication, which also includes coordination of the specific articulators to produce different intelligible sounds, which are a vital part of spoken language.

Keywords: linguistics, speech articulation, speech therapy, language learning

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304 TeleMe Speech Booster: Web-Based Speech Therapy and Training Program for Children with Articulation Disorders

Authors: C. Treerattanaphan, P. Boonpramuk, P. Singla

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Frequent, continuous speech training has proven to be a necessary part of a successful speech therapy process, but constraints of traveling time and employment dispensation become key obstacles especially for individuals living in remote areas or for dependent children who have working parents. In order to ameliorate speech difficulties with ample guidance from speech therapists, a website has been developed that supports speech therapy and training for people with articulation disorders in the standard Thai language. This web-based program has the ability to record speech training exercises for each speech trainee. The records will be stored in a database for the speech therapist to investigate, evaluate, compare and keep track of all trainees’ progress in detail. Speech trainees can request live discussions via video conference call when needed. Communication through this web-based program facilitates and reduces training time in comparison to walk-in training or appointments. This type of training also allows people with articulation disorders to practice speech lessons whenever or wherever is convenient for them, which can lead to a more regular training processes.

Keywords: web-based remote training program, Thai speech therapy, articulation disorders, speech booster

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303 The Recognition of Exclusive Choice of Court Agreements: United Arab Emirates Perspective and the 2005 Hague Convention on Choice of Court Agreements

Authors: Hasan Alrashid

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The 2005 Hague Convention seeks to ensure legal certainty and predictability between parties in international business transactions. It harmonies exclusive choice of court agreements at the international level between parties to commercial transactions and to govern the recognition and enforcement of judgments resulting from proceedings based on such agreements to promote international trade and investment. Although the choice of court agreements is significant in international business transactions, the United Arab Emirates refuse to recognise it by Article 24 of the Federal Law No. 11 of 1992 of the Civil Procedure Code. A review of judicial judgments in United Arab Emirates up to the present day has revealed that several cases appeared before the Court in different states of United Arab Emirates regarding the recognition of exclusive choice of court agreements. In all the cases, the courts regarded the exclusive choice of court agreements as a direct assault on state authority and sovereignty and refused categorically to recognize choice of court agreements by refusing to stay proceedings in favor of the foreign chosen court. This has created uncertainty and unpredictability in international business transaction in the United Arab Emirates. In June 2011, the first Gulf Judicial Seminar on Cross-Frontier Legal Cooperation in Civil and Commercial Matters was held in Doha, Qatar. The Permanent Bureau of the Hague Conference attended the conference and invited the states of the Gulf Cooperation Council (GCC) namely, The United Arab Emirates, Bahrain, Saudi Arabia, Oman, Qatar and Kuwait to adopt some of the Hague Conventions, one of which was the Hague Convention on Choice of Court Agreements. One of the recommendations of the conference was that the GCC states should research ‘the benefits of predictability and legal certainty provided by the 2005 Convention on Choice of Court Agreements and its resulting advantages for cross-border trade and investment’ for possible adoption of the Hague Convention. Up to today, no further step has been taken by the any of the GCC states to adapt the Hague Convention nor did they conduct research on the benefits of predictability and legal certainty in international business transactions. This paper will argue that the approach regarding the recognition of choice of court agreements in United Arab Emirates states can be improved in order to help the parties in international business transactions avoid parallel litigation and ensure legal certainty and predictability. The focus will be the uncertainty and gaps regarding the choice of court agreements in the United Arab Emirates states. The Hague Convention on choice of court agreements and the importance of harmonisation of the rules of choice of court agreements at international level will also be discussed. Finally, The feasibility and desirability of recognizing choice of court agreements in United Arab Emirates legal system by becoming a party to the Hague Convention will be evaluated.

Keywords: choice of court agreements, party autonomy, public authority, sovereignty

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302 Analysis of the Internationalisation of Spanish Enterprises in Colombia through Cooperation Agreements

Authors: Sandoval H. Leyla Angélica, Casani Fernando

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The objective of this study is to analyse how enterprises in developed countries use cooperation agreements to expand into developing countries. Starting from the literature review, seven theoretical prepositions were derived. The qualitative methodology used includes case study, through interviews conducted with eight enterprises from Spain and Colombia. Results show that the cooperation agreements have provided a quick and solid connection that facilitates internationalization, bearing in mind aspects such as: strategic factors, partners, network, technology, experience, communication methods, social benefit and the connection between these aspects and allied enterprises.

Keywords: internationalisation, firms, cooperation agreement, case study, Spain, Colombia

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301 Perceptions of Chinese Top-up Students Transitioning through a Regional UK University: A Longitudinal Study Using the U-Curve Model

Authors: Xianghan O'Dea

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This article argues an urgent need to better understand the personal experiences of Chinese top-up students studying in the UK since the number of Chinese students taking year-long top-up programmes in the UK has risen rapidly in recent years. This lack of knowledge could potentially have implications for the reputation of some UK institutions and also the attractiveness of the UK higher education sector to future international students. This longitudinal study explored the academic and social experiences of twelve Chinese top-up students in a UK institution in-depth and revealed that the students felt their experiences were influenced significantly by their surrounding contexts at the macro and meso levels, which, however, have been largely overlooked in existing research. This article suggests the importance of improving the communications between the partner institutions in China and the UK, and also providing sufficient pre-departure and after arrival support to Chinese top-up students at the institutional level.

Keywords: articulation agreements, Chinese top-up students, top-up programmes, U-curve

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300 Efficacy of Phonological Awareness Intervention for People with Language Impairment

Authors: I. Wardana Ketut, I. Suparwa Nyoman

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This study investigated the form and characteristic of speech sound produced by three Balinese subjects who have recovered from aphasia as well as intervened their language impairment on side of linguistic and neuronal aspects of views. The failure of judging the speech sound was caused by impairment of motor cortex that indicated there were lesions in left hemispheric language zone. Sound articulation phenomena were in the forms of phonemes deletion, replacement or assimilation in individual words and meaning building for anomic aphasia. Therefore, the Balinese sound patterns were stimulated by showing pictures to the subjects and recorded to recognize what individual consonants or vowels they unclearly produced and to find out how the sound disorder occurred. The physiology of sound production by subject’s speech organs could not only show the accuracy of articulation but also any level of severity the lesion they suffered from. The subjects’ speech sounds were investigated, classified and analyzed to know how poor the lingual units were and observed to clarify weaknesses of sound characters occurred either for place or manner of articulation. Many fricative and stopped consonants were replaced by glottal or palatal sounds because the cranial nerve, such as facial, trigeminal, and hypoglossal underwent impairment after the stroke. The phonological intervention was applied through a technique called phonemic articulation drill and the examination was conducted to know any change has been obtained. The finding informed that some weak articulation turned into clearer sound and simple meaning of language has been conveyed. The hierarchy of functional parts of brain played important role of language formulation and processing. From this finding, it can be clearly emphasized that this study supports the role of right hemisphere in recovery from aphasia is associated with functional brain reorganization.

Keywords: aphasia, intervention, phonology, stroke

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299 The Effect of Foreign Owned Firms and Licensed Manufacturing Agreements on Innovation: Case of Pharmaceutical Firms in Developing Countries

Authors: Ilham Benali, Nasser Hajji, Nawfal Acha

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Given the fact that the pharmaceutical industry is a commonly studied sector in the context of innovation, the majority of innovation research is devoted to the developed markets known by high research and development (R&D) assets and intensive innovation. In contrast, in developing countries where R&D assets are very low, there is relatively little research to mention in the area of pharmaceutical sector innovation, characterized mainly by two principal elements which are the presence of foreign-owned firms and licensed manufacturing agreements between local firms and multinationals. With the scarcity of research in this field, this paper attempts to study the effect of these two elements on the firms’ innovation tendencies. Other traditional factors that influence innovation, which are the age and the size of the firm, the R&D activities and the market structure, revealed in the literature review, will be included in the study in order to try to make this work more exhaustive. The study starts by examining innovation tendency in pharmaceutical firms located in developing countries before analyzing the effect of foreign-owned firms and licensed manufacturing agreements between local firms and multinationals on technological, organizational and marketing innovation. Based on the related work and on the theoretical framework developed, there is a probability that foreign-owned firms and licensed manufacturing agreements between local firms and multinationals have a negative influence on technological innovation. The opposite effect is possible in the case of organizational and marketing innovation.

Keywords: developing countries, foreign owned firms, innovation, licensed manufacturing agreements, pharmaceutical industry

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298 State of Art in Software Requirement Negotiation Process Models

Authors: Shamsu Abdullahi, Nazir Yusuf, Hazrina Sofian, Abubakar Zakari, Amina Nura, Salisu Suleiman

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Requirements negotiation process models help in resolving conflicting requirements of the heterogeneous stakeholders in the software development industry. This is to achieve a shared vision of software projects to be developed by the industry. Negotiating stakeholder agreements is a serious and difficult task in the software development process. There are many requirements negotiation process models that effectively negotiate stakeholder agreements that have been proposed by the research community. Other issues in the requirements negotiation research domain include stakeholder communication, decision-making, lack of negotiation interoperability, and managing requirement changes and analysis. This study highlights the current state of the art in the existing software requirements negotiation process models. The study also describes the issues and limitations in the software requirements negotiations process models.

Keywords: requirements, negotiation, stakeholders, agreements

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297 Acoustic Characteristics of Ḫijaiyaḫ Letters Pronunciation by Indonesian Native Speaker

Authors: Romi Hardiyansyah, Raden Sugeng Joko Sarwono, Agus Samsi

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Indonesian people have a mother language but not Arabic. Meanwhile, they must be able to pronounce the Arabic because Islam is the biggest religion in Indonesia. Arabic is composed by ḫijaiyaḫ letters which has its own pronunciation. Sound production process in humans can be divided into three physiological processes, namely: the formation of airflow from the lungs, the change in airflow from the lungs into the sound, and articulation (the modulation/sound setting into a specific sound). Ḫijaiyaḫ letters has its own articulation, some of which seem strange for most people in Indonesia. Those letters come out from the middle and upper throat so that the letters has its own acoustic characteristics. Acoustic characteristics of voice can be observed by source-filter approach that has parameters: pitch, formant, and formant bandwidth. Pitch is the basic tone in every human being. Formant is the resonance frequency of the human voice. Formant bandwidth is the time-width of a formant. After recording the sound from 21 subjects, data is processed by software Praat version 5.3.39. The analysis showed that each pronunciation, syakal (vowel changer), and the place of discharge letters has the same timbre which are determined by third and fourth formant.

Keywords: ḫijaiyaḫ, articulation, pitch, formant, formant bandwidth, timbre

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296 Management and Agreement Protocol in Computer Security

Authors: Abdulameer K. Hussain

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When dealing with a cryptographic system we note that there are many activities performed by parties of this cryptographic system and the most prominent of these activities is the process of agreement between the parties involved in the cryptographic system on how to deal and perform the cryptographic system tasks to be more secure, more confident and reliable. The most common agreement among parties is a key agreement and other types of agreements. Despite the fact that there is an attempt from some quarters to find other effective agreement methods but these methods are limited to the traditional agreements. This paper presents different parameters to perform more effectively the task of the agreement, including the key alternative, the agreement on the encryption method used and the agreement to prevent the denial of the services. To manage and achieve these goals, this method proposes the existence of an control and monitoring entity to manage these agreements by collecting different statistical information of the opinions of the authorized parties in the cryptographic system. These statistics help this entity to take the proper decision about the agreement factors. This entity is called Agreement Manager (AM).

Keywords: agreement parameters, key agreement, key exchange, security management

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295 Regional Trade Agreements versus the WTO: A Human Rights Perspective

Authors: Mohsen Qasemi

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In the international economic order multilateral trading system which established by General Agreement on Tariffs and Trade 1947 (GATT) was dominant until about two decades ago. Regional Trade Agreements (RTAs) have changed this order and become an important phenomenon. One of the main objectives of the World Trade Organization (WTO) as a central institution of multilateral trading system is raising standards of living. There are many scholars who suggest that WTO should take steps to protect human rights in its activities. Although it has always been opposing views who declare that since WTO has no explicit rule for human rights, it has no human rights related obligations. At the time that the WTO was established, member states began to join RTAs and since then, the escalating growth of these agreements and their effects on multilateral trading system has been controversial. There are some aspects of RTAs that have received too little attention from scholars. It is important to take a different view and evaluate the RTAs based on non-commercial aspects. The present paper seeks to answer this question: which system could be more useful in protecting human rights, RTAs or WTO?

Keywords: WTO, RTAs, human rights, multilateral trading system, non discrimination

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294 Review of Student-Staff Agreements in Higher Education: Creating a Framework

Authors: Luke Power, Paul O'Leary

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Research has long described the enhancement of student engagement as a fundamental aim of delivering a consistent, lifelong benefit to student success across the multitude of dimensions a quality HE (higher education) experience offers. Engagement may take many forms, with Universities and Institutes across the world attempting to define the parameters which constitutes a successful student engagement framework and implementation strategy. These efforts broadly include empowering students, encouraging involvement, and the transfer of decision-making power through a variety of methods with the goal of obtaining a meaningful partnership between students and staff. As the Republic of Ireland continues to observe an increasing population transferring directly from secondary education to HE institutions, it falls on these institutions to research and develop effective strategies which insures the growing student population have every opportunity to engage with their education, research community, and staff. This research systematically reviews SPAs (student partnership agreements) which are currently in the process of being defined, and/or have been adopted at HE institutions, worldwide. Despite the demonstrated importance of a student-staff partnership to the overall student engagement experience, there is no obvious framework or model by which to begin this process. This work will therefore provide a novel analysis of student-staff agreements which will focus on examining the factors of success common to each and builds towards a workable and applicable framework using critical review, analysis of the key words, phraseology, student involvement, and the broadly applicable HE traits and values. Following the analysis, this work proposes SPA ‘toolkit’ with input from key stakeholders such as students, staff, faculty, and alumni. The resulting implications for future research and the lessons learned from the development and implementation of the SPA will aid the systematic implementation of student-staff agreements in Ireland and beyond.

Keywords: student engagement, student partnership agreements, student-staff partnerships, higher education, systematic review, democratising students, empowering students, student unions

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293 The Implementation of the European Landscape Convention in Turkey: Opportunities and Constraints

Authors: Tutku Ak, Abdullah Kelkit, Cihad Öztürk

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An increase has been witnessed with the number of multinational environmental agreements in the past decade, particularly in Europe. Success with implementation, however, shows variation. While many countries are willing to join these agreements, they do not always fully honor their obligations to put their commitments into practice. One reason for this is that countries have different legal and administrative systems. One example of an international multilateral environmental agreement is the European Landscape Convention (ELC). ELC expresses a concern to achieve sustainable development based on a balanced and harmonious relationship between social needs, economic activity, and the environment. Member states are required to implement the convention in accordance with their own administrative structure, respecting subsidiarity. In particular, the importance of cooperation in the protection, management, and planning of the resources is expressed through the convention. In this paper, it is intended to give a broad view of ELC’s implementation process in Turkey and what factors have influenced by the process. Under this context, the paper will focus on the objectives of the convention for addressing the issue of the loss of European landscapes, and the justification and tools used to accomplish these objectives. The degree to which these objectives have been implemented in Turkey and the opportunities and constraints that have been faced during this process have been discussed.

Keywords: European landscape convention, implementation, multinational environmental agreements, policy tools

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292 Still Pictures for Learning Foreign Language Sounds

Authors: Kaoru Tomita

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This study explores how visual information helps us to learn foreign language pronunciation. Visual assistance and its effect for learning foreign language have been discussed widely. For example, simplified illustrations in textbooks are used for telling learners which part of the articulation organs are used for pronouncing sounds. Vowels are put into a chart that depicts a vowel space. Consonants are put into a table that contains two axes of place and manner of articulation. When comparing a still picture and a moving picture for visualizing learners’ pronunciation, it becomes clear that the former works better than the latter. The visualization of vowels was applied to class activities in which native and non-native speakers’ English was compared and the learners’ feedback was collected: the positions of six vowels did not scatter as much as they were expected to do. Specifically, two vowels were not discriminated and were arranged very close in the vowel space. It was surprising for the author to find that learners liked analyzing their own pronunciation by linking formant ones and twos on a sheet of paper with a pencil. Even a simple method works well if it leads learners to think about their pronunciation analytically.

Keywords: feedback, pronunciation, visualization, vowel

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291 The South Looking East: The New Geopolitics of Latin America

Authors: Heike Pintor Pirzkall

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The positive economic evolution of many countries in the Latin American Continent, mainly in South America, has changed the geopolitical position of the region in the world. It is no longer the Hinterland or backyard of the United States, now it has become the Heartland for Europe and Asia. This position has favored the interest of countries like China or India, who are combining trade agreements with special assistance and aid agreements in many fields like agriculture, alternative energy resources, defense and mining. As many countries in the region are no longer low income countries, a more equal relationship in development aid has been created were the donor and the recipient have become partners and where new actors intervene in a triangular relationship that promotes new alternative aid structures. Triangular co-operation brings together the best of different actors who are providers of development co-operation, partners in SouthSouth co-operation and international organizations. The objective is to share knowledge and implement projects that support the common goal of reducing poverty and promoting development. The intention of this paper is to explain the reasons for Latin America´s “virage” to the east and to give examples of projects and agreements between Latin American countries, China and India which will help to understand the intensification of south-east relations in recent years.

Keywords: development cooperation, China, Latin America, triangular cooperation, natural resources, partnership

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290 The Connection between De Minimis Rule and the Effect on Trade

Authors: Pedro Mario Gonzalez Jimenez

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The novelties introduced by the last Notice on agreements of minor importance tighten the application of the ‘De minimis’ safe harbour in the European Union. However, the undetermined legal concept of effect on trade between the Member States becomes importance at the same time. Therefore, the current analysis that the jurist should carry out in the European Union to determine if an agreement appreciably restrict competition under Article 101 of the Treaty on the Functioning of the European Union is double. Hence, it is necessary to know how to balance the significance in competition and the significance in effect on trade between the Member States. It is a crucial issue due to the negative delimitation of restriction of competition affects the positive one. The methodology of this research is rather simple. Beginning with a historical approach to the ‘De Minimis Rule’, their main problems and uncertainties will be found. So, after the analysis of normative documents and the jurisprudence of the Court of Justice of the European Union some proposals of ‘Lege ferenda’ will be offered. These proposals try to overcome the contradictions and questions that currently exist in the European Union as a consequence of the current legal regime of agreements of minor importance. The main findings of this research are the followings: Firstly, the effect on trade is another way to analyze the importance of an agreement different from the ‘De minimis rule’. In point of fact, this concept is singularly adapted to go through agreements that have as object the prevention, restriction or distortion of competition, as it is observed in the most famous European Union case-law. Thanks to the effect on trade, as long as the proper requirements are met there is no a restriction of competition under article 101 of the Treaty on the Functioning of the European Union, even if the agreement had an anti-competitive object. These requirements are an aggregate market share lower than 5% on any of the relevant markets affected by the agreement and turnover lower than 40 million of Euros. Secondly, as the Notice itself says ‘it is also intended to give guidance to the courts and competition authorities of the Member States in their application of Article 101 of the Treaty, but it has no binding force for them’. This reality makes possible the existence of different statements among the different Member States and a confusing perception of what a restriction of competition is. Ultimately, damage on trade between the Member States could be observed for this reason. The main conclusion is that the significant effect on trade between Member States is irrelevant in agreements that restrict competition because of their effects but crucial in agreements that restrict competition because of their object. Thus, the Member States should propose the incorporation of a similar concept in their legal orders in order to apply the content of the Notice. Otherwise, the significance of the restrictive agreement on competition would not be properly assessed.

Keywords: De minimis rule, effect on trade, minor importance agreements, safe harbour

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289 Jurisdictional Issues in E-Commerce Law after the 'Recast Brussels Regulation'

Authors: Seyedeh Sajedeh Salehi

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The Regulation No. 1215/2012/EC also known as the Brussels I Regulation (Recast) deals with jurisdictional disputes in civil and commercial matters. The main aim of the Recast (as in-line with its predecessor Regulation) is to bring a reform in procuring more simplified and faster circulation of civil and commercial judgments within the EU. Hence it is significant to take a closer look at the function of this regulatory tool. Therefore, the main objective of this paper is to analyze a clear understanding of the post-Recast situation on e-commerce relevant jurisdictional matters. The e-consumer protection and the choice-of-court agreements along with the position of the Court of Justice of the European Union in its decisions within the Recast Regulation will be also taken into consideration throughout this paper.

Keywords: choice-of-court agreements, consumer protection, e-commerce, jurisdiction, Recast Brussels I Regulation

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288 Emerging Challenges with Collective Bargaining Agreements In Kenya: The Introduction of Salary and Remuneration Commission Through The Constitution of Kenya 2010

Authors: Benard Omogo

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The Kenyan Constitution 2010 introduced various commissions to devolve the powers that were previously centralized through the imperial Presidency. One of the commissions that directly determine the levels of remuneration and terms of service of Kenyan workers is the Salary and Remuneration Commission (SRC). Article 230 of the Kenyan Constitution 2010 mandates this commission to regularly review the remuneration and benefits of all the state officers and to advise the national and county governments on the remuneration and benefits of all other public officers. At the same time, article 54 of the Kenyan Labor Relations Act 2007 provides for the recognition of trade unions and collective bargaining agreements. The emerging challenges, therefore, originate from the conflicts of the mandate of the Salary and Remuneration Commission, whose advice is almost adopted as the order and this undermines the outcome of the Collective Bargaining Agreements. This has seen so many trade unions in Kenya being rendered irrelevant. This research paper is therefore going to sample the various trade unions of Kenya to assess the challenges that result from the position of the Salary and Remuneration Commission. We will also extend it by purposively sampling several trade unions in Africa to determine how they handle such challenges. The results from this paper will be useful to the Kenyan Lawmakers and Africa at large and may inform them to consider reviewing the laws and acts that relate to the trade unions for prosperity.

Keywords: salary, remuneration, collective, bargaining, labor laws

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287 Intergenerational Influences on Automobile Brand Preferences in Pakistan

Authors: Amena Sibghatullah

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The purpose of this study was to examine the existence of Inter-generational Influence (IGI) between two successive generations in the selection of automobile brands. IGI was examined between mother-daughter dyads and father-son dyads. A total sample of 320 respondents (80 fathers and their 80 sons, 80 mothers, and their 80 daughters) from the upper-middle class was selected. Three important findings from this study are; (a) the difference in proportion of agreements Brand-In-Use versus Brand-In-Mind appeared to be statistically significant in the Automobile product category. Thus agreements Brand-In-Use situation between parent and child has more agreements than Brand-In-Mind situation; (b) the difference in proportions between women and men (women means mother-daughter dyad agreement, and men means father-son dyad agreement) is statistically significant in automobile brand preferences. This means that mother-daughter dyad brand preferences, both brand-in-mind and brand-in-use are more significant than that of a father-son dyad, and (c) dominance of the top three brands has been exhibited in automobiles both Brand-In-Use and Brand-In-Mind. These three brands hold more than 57% of auto brand preferences. This means that the three brands occupy distinct and strong positions in the minds of consumers. These results reflect that there is significant evidence of IGI presence between parent and adult child. Marketers of auto brands need to understand this sort of influence on their target consumers.

Keywords: autombile brands, branding, intergenerational influence, preferences

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286 An Exemption for Vertical Restraint Regarding Intellectual Property Licensing: Case Study of Thailand

Authors: Sanpetchuda Krutkrua, Suphawatchara Malanond

Abstract:

Throughout the history of Antitrust regimes in Thailand, Thailand has been trying to prevent collusive practices in the market through the amendments of the Trade Competition Act, and Thailand just passed the current Trade Competition Act of B.E. 2560 in 2017 of which several aspects of the law were amended in order to enhance the prevention of collusive outcome through both vertical trade restraints and horizontal trade restraints. An agreement is vertical when it involves arrangements that are in a complementary relationship. In Section 55 of the Act, any agreements to reduce the price, quantity, or quality of the goods, agreements to assign a sole retailer for the goods, and the agreement to impose conditions on the retailers are not allowed. However, Section 56 provides exemptions for the vertical relationship between the business operators, the franchise agreement, and the licensing agreement as long as such agreements do not surpass the necessity to do so, create monopolization, or affect the consumers in terms of price, quality, quantity, or options. The paper aims to explore the extent of the exemption under Section 56 and sequential regulations in terms of the vertical trade restraints regarding intellectual property licensing, and, at the same time, compare with the exemptions under the European Union competition law, and Singapore competition law. Comparative legal analysis with leading jurisdiction will illustrate the application of the newly enacted Thai Competition Act in terms of its enforcement in the global impact of IP rights, which, by nature are de jure or de facto international protection.

Keywords: antitrust, competition law, vertical restraint, intellectual property, IP licensing

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285 The International Labor Organization and the Formulation of International Labor Standards

Authors: Tahraoui Boualem

Abstract:

The International Labor Organization is one of the specialized agencies of the United Nations, and it is the only organization within the United Nations system that is distinguished by its tripartite legitimacy and which simultaneously includes governments, workers' and employers' organizations of its member states in a joint effort to set standards and policies Work to promote decent work in various parts of the world, and the expression of international labor standards basically means two types of documents, namely international labor agreements and international labor recommendations, and so far its general conference, which is held annually, has set a number of standards, the number of which has reached 184 agreements and 192 recommendations so far. For this reason, it is decided to clarify the International Labor Organization and the formulation of international labor standards within two sections. In the first topic, the researcher discusses the concept of the International Labor Organization, and in the second topic, it highlights the legal basis for the authority of the International Labor Organization in protecting the rights of workers.

Keywords: international labor, international labor standards, rights of workers, nation’s system

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284 Nudging the Criminal Justice System into Listening to Crime Victims in Plea Agreements

Authors: Dana Pugach, Michal Tamir

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Most criminal cases end with a plea agreement, an issue whose many aspects have been discussed extensively in legal literature. One important feature, however, has gained little notice, and that is crime victims’ place in plea agreements following the federal Crime Victims Rights Act of 2004. This law has provided victims some meaningful and potentially revolutionary rights, including the right to be heard in the proceeding and a right to appeal against a decision made while ignoring the victim’s rights. While victims’ rights literature has always emphasized the importance of such right, references to this provision in the general literature about plea agreements are sparse, if existing at all. Furthermore, there are a few cases only mentioning this right. This article purports to bridge between these two bodies of legal thinking – the vast literature concerning plea agreements and victims’ rights research– by using behavioral economics. The article will, firstly, trace the possible structural reasons for the failure of this right to be materialized. Relevant incentives of all actors involved will be identified as well as their inherent consequential processes that lead to the victims’ rights malfunction. Secondly, the article will use nudge theory in order to suggest solutions that will enhance incentives for the repeat players in the system (prosecution, judges, defense attorneys) and lead to the strengthening of weaker group’s interests – the crime victims. Behavioral psychology literature recognizes that the framework in which an individual confronts a decision can significantly influence his decision. Richard Thaler and Cass Sunstein developed the idea of ‘choice architecture’ - ‘the context in which people make decisions’ - which can be manipulated to make particular decisions more likely. Choice architectures can be changed by adjusting ‘nudges,’ influential factors that help shape human behavior, without negating their free choice. The nudges require decision makers to make choices instead of providing a familiar default option. In accordance with this theory, we suggest a rule, whereby a judge should inquire the victim’s view prior to accepting the plea. This suggestion leaves the judge’s discretion intact; while at the same time nudges her not to go directly to the default decision, i.e. automatically accepting the plea. Creating nudges that force actors to make choices is particularly significant when an actor intends to deviate from routine behaviors but experiences significant time constraints, as in the case of judges and plea bargains. The article finally recognizes some far reaching possible results of the suggestion. These include meaningful changes to the earlier stages of criminal process even before reaching court, in line with the current criticism of the plea agreements machinery.

Keywords: plea agreements, victims' rights, nudge theory, criminal justice

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283 A Two-Week and Six-Month Stability of Cancer Health Literacy Classification Using the CHLT-6

Authors: Levent Dumenci, Laura A. Siminoff

Abstract:

Health literacy has been shown to predict a variety of health outcomes. Reliable identification of persons with limited cancer health literacy (LCHL) has been proved questionable with existing instruments using an arbitrary cut point along a continuum. The CHLT-6, however, uses a latent mixture modeling approach to identify persons with LCHL. The purpose of this study was to estimate two-week and six-month stability of identifying persons with LCHL using the CHLT-6 with a discrete latent variable approach as the underlying measurement structure. Using a test-retest design, the CHLT-6 was administered to cancer patients with two-week (N=98) and six-month (N=51) intervals. The two-week and six-month latent test-retest agreements were 89% and 88%, respectively. The chance-corrected latent agreements estimated from Dumenci’s latent kappa were 0.62 (95% CI: 0.41 – 0.82) and .47 (95% CI: 0.14 – 0.80) for the two-week and six-month intervals, respectively. High levels of latent test-retest agreement between limited and adequate categories of cancer health literacy construct, coupled with moderate to good levels of change-corrected latent agreements indicated that the CHLT-6 classification of limited versus adequate cancer health literacy is relatively stable over time. In conclusion, the measurement structure underlying the instrument allows for estimating classification errors circumventing limitations due to arbitrary approaches adopted by all other instruments. The CHLT-6 can be used to identify persons with LCHL in oncology clinics and intervention studies to accurately estimate treatment effectiveness.

Keywords: limited cancer health literacy, the CHLT-6, discrete latent variable modeling, latent agreement

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282 Difficulties in Pronouncing the English Bilabial Plosive Sounds among EFL Students

Authors: Ali Mohammed Saleh Al-Hamzi

Abstract:

This study aims at finding out the most difficult position in pronouncing the bilabial plosive sounds at the fourth level of English foreign language students of the Faculty of Education, Mahweet, Sana’a University in Yemen. The subject of this study were 50 participants from English foreign language students aged 22-25. In describing sounds according to their place of articulation, sounds are classified as bilabial, labiodental, dental, alveolar, post-alveolar, palato-alveolar retroflex, palatal, velar, uvular, and glottal. In much the same way, sounds can be described in their manner of articulation as plosives, nasals, affricates, flaps, taps, rolls, fricatives, laterals, frictionless continuants, and semi-vowels. For English foreign language students in Yemen, there are some articulators that are difficult to pronounce. In this study, the researcher focuses on difficulties in pronouncing the English bilabial plosive sounds among English foreign language students. It can be in the initial, medial, and final positions. The problem discussed in this study was: which position is the most difficult in pronouncing the English bilabial plosive sounds? To solve the problem, a descriptive qualitative method was conducted in this study. The data were collected from each English bilabial plosive sounds produced by students. Finally, the researcher reached that the most difficult position in pronouncing the English bilabial plosive sounds is when English bilabial plosive /p/ and /b/ occur word-finally, where both are voiceless.

Keywords: difficulty, EFL students’ pronunciation, bilabial sounds, plosive sounds

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281 Investigating Transformative Practices in the Bangladeshi Classroom

Authors: Rubaiyat Jahan, Nasreen Sultana Mitu

Abstract:

This paper examines the theoretical construct of transformative practices, and reports some evidence of transformative practices from a couple of Bangladeshi English teachers. The idea of transformative practices calls for teachers’ capabilities to invest their intellectual labor in teaching with an assumption that along with the academic advancement of the learners, it aims for the personal transformation for both the learners as well for themselves. Following an ethnographic research approach, data for this study were collected through in-depth interviews, informal talks and classroom observations for a period of one year. In relevance to the English classroom of the Bangladeshi context, from this study, references of transformative practices have been underlined from the participant teachers’ views on English language teaching as well as from their actual practices. According to data of this research, some evidence of transformative practices in the form of critical language awareness and personal theories of practices emerge from the participants’ articulation of the beliefs on teaching; and from the participant teachers’ classroom practices evidence of self-directed acts of teaching, self-directed acts of professional development, and liberatory autonomy have been highlighted as the reflections of transformative practices. The implication of this paper refers to the significance of practicing teachers’ articulation of beliefs and views on teaching along with their orientation to critical pedagogical relations.

Keywords: critical language awareness, personal theories of practice, teacher autonomy, transformative practices

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280 Preliminary Study of the Phonological Development in Three and Four Year Old Bulgarian Children

Authors: Tsvetomira Braynova, Miglena Simonska

Abstract:

The article presents the results of research on phonological processes in three and four-year-old children. For the purpose of the study, an author's test was developed and conducted among 120 children. The study included three areas of research - at the level of words (96 words), at the level of sentence repetition (10 sentences) and at the level of generating own speech from a picture (15 pictures). The test also gives us additional information about the articulation errors of the assessed children. The main purpose of the icing is to analyze all phonological processes that occur at this age in Bulgarian children and to identify which are typical and atypical for this age. The results show that the most common phonology errors that children make are: sound substitution, an elision of sound, metathesis of sound, elision of a syllable, and elision of consonants clustered in a syllable. All examined children were identified with the articulatory disorder from type bilabial lambdacism. Measuring the correlation between the average length of repeated speech and the average length of generated speech, the analysis proves that the more words a child can repeat in part “repeated speech,” the more words they can be expected to generate in part “generating sentence.” The results of this study show that the task of naming a word provides sufficient and representative information to assess the child's phonology.

Keywords: assessment, phonology, articulation, speech-language development

Procedia PDF Downloads 147