Search results for: border dispute

Authors: Nemi Bhattarai

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In recent years, there has been a rapid increase in the use of Unmanned Aerial Vehicle (UAVs) in search and rescue (SAR) operations, disaster management, and many more areas where information about the location of human beings are important. This research will primarily focus on the use of optical and thermal camera via UAV platform in real-time detection, localization, and visualization of human beings on GIS. This research will be beneficial in disaster management search of lost humans in wilderness or difficult terrain, detecting abnormal human behaviors in border or security tight areas, studying distribution of people at night, counting people density in crowd, manage people flow during evacuation, planning provisions in areas with high human density and many more.

Keywords: UAV, human detection, real-time, localization, visualization, haar-like, GIS, thermal sensor

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Authors: F. A. Rodríguez-Prada, W Gutierrez, I. D. Mikhailov

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We study the spectral properties of one-electron non-uniform crater-shaped quantum dot whose thickness is increased linearly with different slopes in different radial directions between the central hole and the outer border and which is deposited over thin wetting layer in the presence of the external vertically directed magnetic field. We show that in the adiabatic limit, when the crater thickness is much smaller than its lateral dimension, the one-particle wave functions of the electron confined in such structure in the zero magnetic field case can be found exactly in an analytical form and they can be used subsequently as the base functions in framework of the exact diagonalization method to study the effect of the wetting layer and an external magnetic field applied along of the grown axis on energy levels of one-electron non-uniform quantum dot. It is shown that both the structural non-uniformity and the increase of the thickness of the wetting layer provide a quenching of the Aharonov-Bohm oscillations of the lower energy levels.

Keywords: electronic properties, quantum rings, volcano shaped, wetting layer

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Authors: Beata Anna Bronowicka

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Purpose The purpose of this paper is to improve effectiveness of mediation in family matters regarding child protection in Australia and Poland. Design/methodology/approach the methodological approach is phenomenology. Two phenomenological methods of data collection were used in this research 1/ a doctrinal research 2/an interview. The doctrinal research forms the basis for obtaining information on mediation, the date of introduction of this alternative dispute resolution method to the Australian and Polish legal systems. No less important were the analysis of the legislation and legal doctrine in the field of mediation in family matters, especially child protection. In the second method, the data was collected by semi-structured interview. The collected data was translated from Polish to English and analysed using software program. Findings- The rights of children in the context of mediation in Australia and Poland differ from the recommendations of the UN Committee on the Rights of the Child, which require that children be included in all matters that concern them. It is the room for improvement in the mediation process by increasing child rights in mediation between parents in matters related to children. Children should have the right to express their opinion similarly to the case in the court process. The challenge with mediation is also better understanding the role of professionals in mediation as lawyers, mediators. Originality/value-The research is anticipated to be of particular benefit to parents, society as whole, and professionals working in mediation. These results may also be helpful during further legislative initiatives in this area.

Keywords: mediation, family law, children's rights, australian and polish family law

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Authors: Eugene Wong, Felix Chan, Linsey Chen, Joey Cheung

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The widespread use of technologies and cyber/digital means for complex maritime operations have led to a sharp rise in global cyber-attacks. They have generated an increasing number of liability disputes, insurance claims, and legal proceedings. An array of antiquated case law, regulations, international conventions, and obsolete contractual clauses drafted in the pre-technology era have become grossly inadequate in addressing the contemporary challenges. This paper offers a critique of the ambiguity of cybersecurity liabilities under the obligation of seaworthiness entailed in the Hague-Visby Rules, which apply either by law in a large number of jurisdictions or by express incorporation into the shipping documents. This paper also evaluates the legal and technological criteria for assessing whether a vessel is properly equipped with the latest offshore technologies for navigation and cargo delivery operations. Examples include computer applications, networks and servers, enterprise systems, global positioning systems, and data centers. A critical analysis of the carriers’ obligations to exercise due diligence in preventing or mitigating cyber-attacks is also conducted in this paper. It is hoped that the present study will offer original and crucial insights to policymakers, regulators, carriers, cargo interests, and insurance underwriters closely involved in dispute prevention and resolution arising from cybersecurity liabilities.

Keywords: seaworthiness, cybersecurity, liabilities, risks, maritime, transport

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Authors: K. C. Iyer, T. Gupta, Y. M. Bindal

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Head office overhead (HOOH) is an indirect cost and is recovered through individual project billings by the contractor. Delay in a project impacts the absorption of HOOH cost allocated to that particular project and thus diminishes the expected profit of the contractor. This unabsorbed HOOH cost is later claimed by contractors as damages. The subjective nature of the available formulae to compute unabsorbed HOOH is the difficulty that contractors and owners face and thus dispute it. The paper attempts to bring together the rationale of various HOOH formulae by gathering contractor’s HOOH cost data on all of its project, using case study approach and comparing variations in values of HOOH using scenario analysis. The case study approach uses project data collected from four construction projects of a contractor in India to calculate unabsorbed HOOH costs from various available formulae. Scenario analysis provides further variations in HOOH values after considering two independent situations mainly scope changes and new projects during the delay period. Interestingly, one of the findings in this study reveals that, in spite of HOOH getting absorbed by additional works available during the period of delay, a few formulae depict an increase in the value of unabsorbed HOOH, neglecting any absorption by the increase in scope. This indicates that these formulae are inappropriate for use in case of a change to the scope of work. Results of this study can help both parties in deciding on an appropriate formula more objectively, considering the events on a project causing the delay and contractor's position in respect of obtaining new projects.

Keywords: absorbed and unabsorbed overheads, head office overheads, scenario analysis, scope variation

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Authors: Hadi Farhadian, Homayoon Katibeh

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Groundwater inflow to the tunnels is one of the most important problems in tunneling operation. The objective of this study is the investigation of model dimension effects on tunnel inflow assessment in discontinuous rock masses using numerical modeling. In the numerical simulation, the model dimension has an important role in prediction of water inflow rate. When the model dimension is very small, due to low distance to the tunnel border, the model boundary conditions affect the estimated amount of groundwater flow into the tunnel and results show a very high inflow to tunnel. Hence, in this study, the two-dimensional universal distinct element code (UDEC) used and the impact of different model parameters, such as tunnel radius, joint spacing, horizontal and vertical model domain extent has been evaluated. Results show that the model domain extent is a function of the most significant parameters, which are tunnel radius and joint spacing.

Keywords: water inflow, tunnel, discontinues rock, numerical simulation

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Authors: Loizos A. Hadjivasiliou, May Chehab

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Confronted with the human tragedy unfolding in the Mediterranean during the 2011-2016 period, the European Union introduced for the first time the “hotspot approach”, the establishment of facilities for initial reception, identification registration, and fingerprinting of asylum seekers and migrants arriving in the EU by sea, at the frontline Member States. However, the lack of a comprehensive collective policy on migration management and border security left the Mediterranean Member States, mainly Italy, Greece, and Cyprus, struggling to overcome these challenges. The current study sheds light on the implementation of the hotspot approach as the frontispiece of the European response to the migration challenges, which, limited to the operational and financial support of the hosting member states, leads to heterogeneous burden-sharing. Within this framework, it highlights the fact that the implementation of the hotspots as a panacea carries the risk of transforming the Mediterranean member states into giant hotspots with unpredictable consequences for the future of the Schengen area.

Keywords: asylum, burden sharing, hotspots, migration management policy, Schengen area

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Authors: Hongxin Zhao, Shibing Yang, Bingming Yi, Yi Ning

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Background: A few studies have found evidence that exposure to endogenous or postmenopausal exogenous estrogens may be associated with a lower prevalence of age-related macular degeneration (AMD), but dispute over this association is ongoing due to inconsistent results reported by different studies. Objectives: To conduct a systematic review and meta-analysis to investigate the association between hormone replacement therapy (HRT) use and AMD. Methods: Relevant studies that assessed the association between HRT and AMD were searched through four databases (PubMed, Web of Science, Cochrane Library, EMBASE) and reference lists of retrieved studies. Study selection, data extraction and quality assessment were conducted by three independent reviewers. The fixed-effect meta-analyses were performed to estimate the association between HRT ever-use and AMD by pooling risk ratio (RR) or odds ratio (OR) across studies. Results: The review identified 2 prospective and 7 cross-sectional studies with 93992 female participants that reported an estimate of the association between HRT ever-use and presence of early AMD or late AMD. Meta-analyses showed that there were no statistically significant associations between HRT ever-use and early AMD (pooled RR for cohort studies was 1.04, 95% CI 0.86 - 1.24; pooled OR for cross-sectional studies was 0.91, 95% CI 0.82 - 1.01). The pooled results from cross-sectional studies also showed no statistically significant association between HRT ever-use and late AMD (OR 1.01; 95% CI 0.89 - 1.15). Conclusions: The pooled effects from observational studies published to date indicate that HRT use is associated with neither early nor late AMD. Exposure to HRT may not protect women from developing AMD.

Keywords: hormone replacement therapy, age-related macular degeneration, meta-analysis, systematic review

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Authors: C. Gallottini, W. Di Mari, C. De Carolis, A. Dolci, G. Dolci, L. Gallottini, G. Barraco, S. Eramo

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The aim of this paper is to summarize the literature on micromorphology and composition of the enamel of the cat and present an original experiment by SEM on how it responds to the etching with ortophosphoric acid for the time recommended in the veterinary literature (30", 45", 60"), derived from research and experience on human enamel; 21 teeth of cat were randomly divided into three groups of 7 (A, B, C): Group A was subjected to etching for 30 seconds by means of orthophosphoric acid to 40% on a circular area with diameter of about 2mm of the enamel coronal; the Groups B and C had the same treatment but, respectively, for 45 and 60 seconds. The samples obtained were observed by SEM to constant magnification of 1000x framing, in particular, the border area between enamel exposed and not exposed to etching to highlight differences. The images were subjected to the analysis of three blinded experienced operators in electron microscopy. In the enamel of the cat the etching for the times considered is not optimally effective for the purpose adhesives and the presence of a thick prismless layer could explain this situation. To improve this condition may clinically in the likeness of what is proposed for the enamel of human deciduous teeth: a bevel or a chamfer of 1 mm on the contour of the cavity to discover the prismatic enamel and increase the bonding surface.

Keywords: cat enamel, SEM, veterinary dentistry, acid etching

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Authors: Gizem Ertürk, Nursena Dinç

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The Aegean area has always been an important transit point for migration; however, the establishment of the European Union gave further impetus to the migration phenomenon and increased the significance of the area within this context. The migration waves have been more visible in the area in recent decades, and particularly after the “2015 Migration Crisis,” this issue has been subject to further securitization in the EU. In this conjuncture, the Frontex, which is an agency set up by the EU in 2005 for the purpose of managing and coordinating the border control efforts, has become more functional in the relevant area, but at the same time, have some questionable actions within the context of human rights. This paper problematizes the rationality behind the existence and practices of such a structure and attempts to make a political and legal analysis of the security practices of the European Union against migration within a framework based on the biopolitics approaches of Michel Foucault and Giorgio Agamben. The dataset of this paper, which focuses on the agency in question by taking it as a case, is formed by making use of the existing literature on the EU’s security policies, the relevant official texts of the Union and Frontex reports on migration practices in and around the Aegean Sea.

Keywords: migration, biopolitics, Frontex, security, European union, securitization

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Authors: S. K. Ashiquer Rahman

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The proper policy handling might not able to attain the target since some of recessions, e.g., pandemic-led crises, the variables shocks of the economics. At the level of this situation, the Central bank implements the monetary policy to choose increase the exogenous expenditure and level of money supply consecutively for booster level economic growth, whether the monetary policy is relatively more effective than fiscal policy in altering real output growth of a country or both stand for relatively effective in the direction of output growth of a country. The dispute with reference to the relationship between the monetary policy and fiscal policy is centered on the inflationary penalty of the shortfall financing by the fiscal authority. The latest variables socks of economics as well as the pandemic-led crises, central banks around the world predicted just about a general dilemma in relation to increase rates to face the or decrease rates to sustain the economic movement. Whether the prices hang about fundamentally unaffected, the aggregate demand has also been hold a significantly negative attitude by the outbreak COVID-19 pandemic. To empirically investigate the effects of economics shocks associated COVID-19 pandemic, the paper considers the effectiveness of the monetary policy and fiscal policy that linked to the adjustment mechanism of different economic variables. To examine the effects of economics shock associated COVID-19 pandemic towards the effectiveness of Monetary Policy and Fiscal Policy in the direction of output growth of a Country, this paper uses the Simultaneous equations model under the estimation of Two-Stage Least Squares (2SLS) and Ordinary Least Squares (OLS) Method.

Keywords: IS-LM framework, pandemic. Economics variables shocks, simultaneous equations model, output growth

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Authors: Rhisan Mae Enriquez-Morales

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The primary concern of this study is to answer the question: How does the Philippine government formulate its foreign policy with respect to its territorial claims over areas in the West Philippine Sea after the Scarborough standoff in April 2012? Specifically, the study seeks to provide understanding on the political process in the formulation of foreign policy relating to the Philippine claims in the West Philippine Sea after the 2012 Scarborough Standoff, by looking into the relationship of bureaucracies and how it influences the decision-making process. Secondly, this study aims to determine the long and short term foreign policies of the Philippines with respect to its territorial claims over the West Philippine Sea. Lastly, this study seeks to determine the implication of Philippine foreign policy in settling the West Philippine Sea dispute on the country’s national security. The Bureaucratic Politics Model (BPM) in Foreign Policy Analysis (FPA) is the framework utilized in this study, which focuses primarily on the relationship of bureaucracies in the formulation of foreign policy and how these agencies influence the process of foreign policy formulation. The findings of this study reveal that: first, the Philippines foreign policy in the West Philippine Sea continues to develop to address current developments in the WPS. Second, as the government requires demilitarization there is a shift from traditional to non-traditional security approach. This shift caused inconvenience from the defense sector particularly the Navy thinking that they are being deprived of their traditional roles. Lastly, the Philippine government’s greater emphasis on internal security operation implies the need to reassess its security concerns and look into territorial security.

Keywords: bureaucratic politics model, foreign policy analysis, security, West Philippine sea

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Authors: Xiangjun Kong, Dongning Yao, Yuanjia Hu

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Therapeutic antibodies have become the most valuable and successful class of biopharmaceutical drugs, with a huge market potential and therapeutic advantages. Antibody patents are, accordingly, extremely important. As the technological limitation of the early stage of this field, the U. S. Patent and Trademark Offices (USPTO) have issued guidelines that suggest an exception for patents claiming a genus of antibodies that bind to a novel antigen, even in the absence of any experimental antibody production. This 'antibody exception' allowed for a broad scope on antibody claims, and led a global trend to patent antibodies without antibodies. Disputes around the pertinent patentability and written description issues remain particularly intense. Yet the validity of such patents had not been overtly challenged until Centocor v. Abbott, which restricted the broad scope of antibody patents and hit the brakes on the 'antibody exception'. The courts tend to uphold the requirement for adequate description of antibodies in the patent specifications, to avoid overreaching antibody claims. Patents following the 'antibody exception' are at risk of being found invalid for inadequately describing what they have claimed. However, the relation between the court and USPTO guidelines remains obscure, and the waning of the 'antibody exception' has led to further disputes around antibody patents. This uncertainty clearly affects patent applications, antibody innovations, and even relevant business performance. This study will give an overview of the emergence, debate, and waning usage of the 'antibody exception' in a number of enlightening cases, attempting to understand the specific concerns and the potential influence of antibody patents. We will then provide some possible strategies for antibody patenting, under the current considerations on the 'antibody exception'.

Keywords: antibody exception, antibody patent, USPTO (U. S. Patent and Trademark Offices) guidelines, written description requirement

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Authors: Mercy Itohan Aruya

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This paper focuses on Usen, a speech form enclaved by the Edo communities in Ovia South West Local Government Area of Edo State, Nigeria. Usen lies at the border between Edo and the Osun state in Nigeria and has a population size of about a hundred and eighty thousand native speakers (2006 population census of Nigeria). Usen, as it is spoken today is highly endangered and it is serious struggling for survival. The aim, therefore, is to ascertain the linguistics status of Usen using a lexicostatical approach. Lexicostatics is a linguistic technique employed in accessing the degree of linguistic divergence or relatedness between two or more languages based on the proportion of cognates. Data for this study were collected from competent native speakers whose ages fall within the range of 40-65. The instrument for this study is the Ibadan 400 word-list of basic items which are collected with of a digital voice recorder. Our major finding in this paper reveals and establishes the facts that Usen speech form is not a dialect but a language of its own. However, Usen is more related to Yoruba than Edo as the degree of relatedness between Usen and Yoruba is 56.14% while that between Usen and Edo is about 21.4% as shown in this research effort.

Keywords: Usen, lexicostatistics, cognate words, language status

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Authors: Stefanie Siebenhütter

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This paper aims to reveal criterions involved in the process of identity-forming among multilingual minority language speakers in Northeastern Thailand and in the capital Bangkok. Using sociolinguistic interviews and questionnaires, it is asked which factors are important for speakers and how they define their identity by their interactions socially as well as linguistically. One key question to answer is how sociolinguistic factors may force or diminish the process of forming social identity of multilingual minority speakers. However, the motivation for specific language use is rarely overt to the speaker’s themselves as well as to others. Therefore, identifying the intentions included in the process of identity construction is to approach by scrutinizing speaker’s behavior and attitudes. Combining methods used in sociolinguistics and social psychology allows uncovering the tools for identity construction that ethnic Kui uses to range themselves within a multilingual setting. By giving an overview of minority speaker’s language use in context of the specific border near multilingual situation and asking how speakers construe identity within this spatial context, the results exhibit some of the subtle and mostly unconscious criterions involved in the ongoing process of identity construction.

Keywords: social identity, identity construction, minority language, multilingualism, social networks, social boundaries

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Authors: Miran Ismail

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COVID-19 has caused widespread disruption in all economical sectors and industries around the world. The COVID-19 lockdown measures have resulted in production halts, restrictions on persons and goods movement, border closures, logistical constraints, and a slowdown in trade and economic activity. The main subject of this paper is to leverage technology to manage the supply chain effectively and efficiently through the usage of artificial intelligence. The research methodology is based on empirical data collected through a questionnaire survey. One of the approaches utilized is a case study of industrial organizations that face obstacles such as high operational costs, large inventory levels, a lack of well-established supplier relationships, human behavior, and system issues. The main contribution of this research to the body of knowledge is the empirical insights and on supply chain sustainability performance measurement. The results provide guidelines for the selection of advanced technologies to support supply chain processes and for the design of sustainable performance measurement systems.

Keywords: information technology, artificial intelligence, supply chain management, industrial organizations

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Authors: Linh Tong

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This paper aims to contribute to the understanding of key education reforms in Vietnam from 1945 to 2017, which reflects an evolution of socio-political needs of the Socialist Republic of Vietnam throughout this period. It explores the contextual conditions, motivations and ambitions influencing the formation of the education reforms in Vietnam. It also looks, from an applied practical perspective, at the influence of politics on education policy-making. The research methodology includes a content analysis of curriculum designs proposed by the Ministry of Education and Training, relevant resolutions and executive orders passed by the National Assembly and the Prime Minister, as well as interviews with experts and key stakeholders. The results point to a particular configuration of factors which have been inspiring the shape and substance of these reforms and which have most certainly influenced their implementation. This configuration evolves from the immediate needs to erase illiteracy and cultivate socialist economic model at the beginning of Vietnam’s independence in 1945-1975, to a renewed urge to adopt market-oriented economy in 1986 and cautiously communicate with the outside world until 2000s, and to currently a demonstrated desire to fully integrate into the global economy and tackle with rising concerns about national security (the South China Sea Dispute), environmental sustainability, construction of a knowledge economy, and a rule-of-law society. Overall, the paper attempts to map Vietnam’s socio-political needs with the changing sets of goals and expected outcomes in teaching and learning methodologies and practices as introduced in Vietnamese key education reforms.

Keywords: curriculum development, knowledge society, national security, politics of education policy-making, Vietnam's education reforms

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Authors: Howard Chitimira

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The European Union (EU) was probably the first body to establish multinational anti-market abuse laws aimed at enhancing the detection and curbing of cross-border market abuse activities in its member states. Put differently, the EU Insider Dealing Directive was adopted in 1989 and was the first law that harmonised the insider trading ban among the EU member states. Thereafter, the European Union Directive on Insider Dealing and Market Manipulation (EU Market Abuse Directive) was adopted in a bid to improve and effectively discourage all the forms of market abuse in the EU’s securities and financial markets. However, the EU Market Abuse Directive had its own gaps and flaws. In light of this, the Market Abuse Regulation and the Criminal Sanctions for Market Abuse Directive were enacted to repeal and replace the EU Market Abuse Directive in 2016. The article examines the adequacy of the EU Market Abuse Directive and its implementation in the United Kingdom (UK) prior to the British exit (Brexit). This is done to investigate the possible implications of the Brexit referendum outcome of 23 June 2016 on the future regulation of market abuse in the UK.

Keywords: market abuse, insider trading, market manipulation, European Union, United Kingdom

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Authors: Mohammad Soltani Renani

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The problem of evil is one of the heated battlegrounds of the idea of theism and its critics. Since time immemorial and in various philosophical schools and religions, the belief in an Omniscient, Omnipotent, and Absolutely Good God has been considered inconsistent with the existence of the evil in the universe. The theist thinkers have generally adopted one of the following four ways for answering this problem: denial of the existence of evil or considering it to be relative, privation theory of evil, attribution of evil to something other than God, and depiction of an alternative picture of God. Defense or criticism of these alternative answers have given rise to an extensive and unending dispute. However, evaluation of the presupposition and context upon/in which a question is raised precedes offering an answer to it. This point in the discussion of the problem of evil is of paramount importance for both parties, i.e., questioners and answerers, that the attributes of knowledge, power, love, good-will, among others, can be supposed to be infinite only in the essence of the attributed and the domain of potentiality but what can be realized in the domain of actuality is always finite. Therefore, infinite nature of Divine Attributes and realization of evil belong to two spheres. Divine Attributes are infinite (absolute) in Divine Essence, but when they are created, each one becomes bounded by the other. This boundedness is a result of the state of being surrounded of the attributes by each other in finite world of possibility. Evil also appears in this limited world. This inconsistency leads to the collapse of the problem of evil from within: the place of infinity of the Divine Attributes, in the words of Muslim mystics, lies in the Holiest Manifestation [Feyze Aqdas] while evil emerges in the Holy Manifestation where the Divine Attributes become bounded by each other. This idea is neither a new answer to the problem of evil nor a defense of theism; rather it reveals a logical inconsistency in the discussion of the problem of evil.

Keywords: problem of evil, infinity of divine attributes, boundedness of divine attributes, holiest manifestation, holy manifestation

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Authors: Sergey Podluzhnyy

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One of the most important tasks of investment and pension fund management is building decision support system which helps to make right decision on corporate bond portfolio formation. Today there are several basic methods of bond portfolio management. They are duration management, immunization and convexity management. Identified methods have serious disadvantage: they do not take into account credit risk or insolvency risk of issuer. So, identified methods can be applied only for management and evaluation of high-quality sovereign bonds. Applying article proposes mathematical model for building an optimal in case of risk and yield corporate bond portfolio. Proposed model takes into account the default probability in formula of assessment of bonds which results to more correct evaluation of bonds prices. Moreover, applied model provides tools for visualization of the efficient frontier of corporate bonds portfolio taking into account the exposure to credit risk, which will increase the quality of the investment decisions of portfolio managers.

Keywords: corporate bond portfolio, default probability, effective boundary, portfolio optimization task

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Authors: Hema Lattupalli

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Introduction: The palate forms a partition between the oral cavity and nasal cavity. The palate is made up of two parts hard palate and soft palate. The Hard palate forms the anterior part of the palate, the soft palate forms a movable muscular fold covered by mucous membrane that is suspended from the posterior border of a hard palate. Aim and Objectives: Soft palate morphological variations have a great paucity in the literature. It’s also believed that the soft palate has no such important anatomical variations. There is a variable presentation of the soft palate morphology in the lateral cephalograms. The aim of this study is to identify the velar morphology. Materials and Methods: 100 normal subjects between the age group of 20 – 35 were taken for the study. Method: Lateral Cephalogram (radiologic study). Results: Different shapes of the soft palate were observed in the lateral cephalograms. The morphology of soft palate was classified into six types 1.Leaf like (50 cases) most common type, 2.Straight line (20 cases), 3.S shaped (4 cases) very rare, 4.Butt like (10 cases), 5. Rat tail (6 cases), 6. Hook shaped (10 cases). Conclusion: This classification helps us to understand the better diversity of the velar morphology in mid-sagittal plane. These findings help us to understand the etiology of OSAS.

Keywords: soft palate, cephalometric radiographs, morphology, cleft palate, obstructive sleep apnoea syndrome

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Authors: Asanga Gunawansa, Shenella Fonseka

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On-demand bonds, also known as unconditional bonds, are commonplace in the construction industry as a means of safeguarding the employer from any potential non-performance by a contractor. On-demand bonds may be obtained from commercial banks, and they serve as an undertaking by the issuing bank to honour payment on demand without questioning and/or considering any dispute between the employer and the contractor in relation to the underlying contract. Thus, whether or not a breach had occurred under the underlying contract, which triggers the demand for encashment by the employer, is not a question the bank needs to be concerned with. As a result, an unconditional bond allows the beneficiary to claim the money almost without any condition. Thus, an unconditional bond is as good as cash-in-hand. In the past, establishing fraud on the part of the employer, of which the bank had knowledge, was the only ground on which a bank could dishonour a claim made under an on-demand bond. However, recent jurisprudence in common law countries shows that courts are beginning to consider unconscionable conduct on the part of the employer in claiming under an on-demand bond as a ground that contractors could rely on the prevent the banks from honouring such claims. This has created uncertainty in connection with on-demand bonds and their liquidity. This paper analyzes recent judicial decisions in four common law jurisdictions, namely, England, Singapore, Hong Kong, and Sri Lanka, to identify the scope of using the concept of “unconscionability” as a ground for preventing unreasonable claims for encashment of on-demand bonds. The objective of this paper is to argue that on-demand bonds have lost their effectiveness as “cash-in-hand” and that this is, in fact, an advantage and not an impediment to international commerce, as the purpose of such bonds should not be to provide for illegal and unconscionable conduct by the beneficiaries.

Keywords: fraud, performance guarantees, on-demand bonds, unconscionability

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Authors: Sevgi Karaca

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Since December 6, 2018, mediation has become mandatory for commercial disputes under the Turkish Commercial Code. Mandatory mediation became one of the “causes of action”, and being compulsory means starting the mediation process before going to court. As it contemplates looking at “the causes of the action”, the terminology may lead to misinterpretation of the core of the phrases. However, the terms pertain to a prerequisite for starting the lawsuit. The court will examine failure to comply with such requirements, and the case will be dismissed without further action. Türkiye’s use of obligatory mediation is highly unusual. It is neither judge-led nor judge-assisted mediation but rather a mediation conducted outside of court with the participation of a third party (mediators). What distinguishes it is the incorporation of obligatory mediation into the causes of actions listed in the Code of Civil Procedure. Being one of the causes of action in a legal case implies that the absence of any of them may result in the procedural dismissal of the case without any further action. The case must be presented to the mediator first, and if the parties are unable to reach an agreement, they must deliver the results of the mediation session. Other than submitting the minutes, parties are ineligible to file a lawsuit. However, despite a lengthy history of use in England and Wales, there are considerable reservations about making mediation mandatory. The Civil Procedure Code does not explicitly mention making mediation mandatory. For the time being, there is no Mediation Code, and case law limits the growth of obligatory mediation. Some renowned judges voiced their desire to re-evaluate the notion of required mediation, prompting the Civil Justice Council to release a study in 2021 on the significance of amending case law and the high value of mandatory mediation. By contrasting the approaches to mandatory mediation in England and Wales, the study will investigate the method of controlled mandatory mediation and its effects on the success of mediation in Türkiye.

Keywords: alternative dispute resolution, case law, cause of action, litigation process, mandatory mediation

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Authors: Laura Bellassen, Idit Shachar

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Multiple sclerosis (MS) is a chronic neurological disorder characterized by demyelination of the central nervous system (CNS), leading to a wide range of physical and cognitive impairments. Myeloid cells in the CNS, such microglia and border associated macrophage cells, participate in the neuroinflammation in MS. Activation of those cells in MS contributes to the inflammatory response in the CNS and recruitment of immune cells in the this compartment. SLAMF5 is a cell surface receptor that functions as a homophilic adhesion molecule, whose signaling can activate or inhibit leukocyte function. In the current study we followed the expression and function of SLAMF5 in myeloid cells in the CNS and in the periphery in the murine model for MS, the experimental autoimmune encephalomyelitis model (EAE). Our results show that SLAMF5 deficiency or blocking decreases the expression of activation molecules and costimulatory molecules such as MHCII and CD80, resulting in delayed onset and reduced progression of the disease. Moreover, blocking SLAMF5 in peripheral monocytes derived from MS patients and iPSC-derived microglia cells, controls the expression of HLA-DR and CD80. Thus, SLAMF5 is a regulator of myeloid cells function and can serve as a therapeutic target in autoimmune disorders as Multiple Sclerosis.

Keywords: multiple sclerosis, EAE model, myeloid cells, new antibody, neuroimmunology

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Authors: Mojtaba Abolfazli, Mohammad Gahderi, Alireza Ashoorizadeh, Rahim Zeinali

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Interconnection between countries provides noticeable economic, technical and environmental benefits. Iran grid has an excellent condition for connection to neighbouring countries. There are two main options including High Voltage Direct Current (HVDC) and High Voltage Alternative Current (HVAC) for interconnection between the grids. At present, all of Iran cross border interconnections are HVAC while HVDC brings more benefits in comparison which should be considered by system planners. This paper presents a comprehensive review of technical considerations of HVDC for interconnection of Iran grid to neighbouring countries. Converter technology, converter transformers, converter valves, filters, and transmission link are studied for a good cognition to HVDC. In addition, a comparison between HVDC and HVAC for transmitting of power is discussed. Finally, a conclusion on HVDC technology and components is drawn out to provide a comprehensive knowledge for system planners.

Keywords: interconnection, HVDC, HVAC, voltage sourced converter, current sourced converter

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Authors: Parthasarathi Pramanik

Abstract:

Body packing is a way of transfer drugs across the international border or any drug prohibited area. The drugs are usually hidden in body packets inside the anatomical body cavities like mouth, intestines, rectum, ear, vagina etc. Cocaine is a very common drug for body packing across the world. A 48 year old male was reported dead in his hotel after complaining of chest pain and vomiting. At autopsy, there were eighty-two white cylindrical body packs in the stomach, small and large intestines. Seals of few of the packets were opened. Toxicological examination revealed presence of cocaine in the stomach, liver, kidney and hair samples. Microscopically, presence of myocardial necrosis with interstitial oedema along with hypertrophy and fibrosis of the myocardial fibre suggested heart failure due to cocaine cardio toxicity. However, focal lymphocyte infiltration and perivascular fibrosis in the myocardium also indicated chronic cocaine toxicity of the deceased. After careful autopsy examination it was considered the victim was died due congestive heart failure secondary to acute and chronic cocaine poisoning.

Keywords: cardiac failure, cocaine, body packer, sudden death

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Authors: Sima Radmanesh, Nahid Radmanesh, Mohsen Yaghmoor

Abstract:

The presence of large number of active rival gas companies on Persian Gulf border necessitates the adaptation and implementation of effective employee retention strategies as well as implementation of promoting loyalty and belonging strategies of specialized staffs in the South Pars gas company. Hence, this study aims at assessing the amount of organizational loyalty and explaining the effect of institutional justice on organizational justice with regard to the role of mediator variables of spirituality in the work place and organizational trust. Therefore, through reviewing the related literature, the researchers achieve a conceptual model for the effect of these factors on organizational loyalty. To this end, this model was assessed and tested through questionnaires in South Pars gas company. The research method was descriptive and correlation-structural equation modeling. The findings of the study indicated a significant relationship between the concepts addressed in the research and conceptual models were confirmed. Finally, according to the results to improve effectiveness factors affecting organizational loyalty, recommendations are provided.

Keywords: organizational loyalty, organizational trust, organizational justice, organizational spirit, oil and gas company

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Authors: Anne Kubai

Abstract:

Since the Lisbon Summit in 2007, discussion and dialogue on ways of enhancing collaboration between Africa and the EU on the issues of migration, mobility and employment has intensified. The Africa-EU Partnership on migration, mobility and employment aims to provide far-reaching responses on migration and employment challenges; and facilitate mobility of people in Africa and the EU. However, since the outcomes of the proposed policies depend on the political interests and institutional capacities of both the EU and African states that are involved, the results have so far been uncoordinated and scattered. Also, many European countries have eased their entry regulations with regard to highly skilled migrants, and there is need to explore the implications of such changes. Therefore, this contribution will address the following questions: How has the progression of migration and border management in the Nordic countries, particularly Sweden, affected the flow and mobility of highly skilled migrants from Africa? What is the possible impact of the changes in receiving countries (such as introduction of tuition fees and more stringent admission regulations for foreign students in Sweden) on skilled migration and mobility? How can highly skilled immigrants be a source of research knowledge between international and local institutions and researchers both in sending and receiving countries?

Keywords: academic mobility, skilled, African, knowledge, research, migrants, Sweden

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Authors: Mhd. Zakiul Fikri, M. Agus Maulidi

Abstract:

Indonesia is a constitutional state. As the constitutional state, Indonesia is not only using a single legal system, but also adopting three legal systems consist of: The European continental legal system or positive law of Indonesia, adat law system, and legal system of religion. This study will discuss Marosok tradition in the process of buying and selling cattle in Payakumbuh: a comparative study between adat law and positive law of Indonesia. The objectives of this research are: First, to find the meaning of the philosophical of Marosok tradition in Payakumbuh. Second, to find the legal implications of the Marosok tradition reviewed aspects of adat law and positive law of Indonesia. Third, to find legal procedure in arbitrating the dispute wich is potentially appear in the post-process of buying and selling cattle based on positive law and adat law adopted in Indonesia. This research is empirical legal research that using two model approaches which are statute approach and conceptual approach. Data was obtained through interviews, observations, and documents or books. Then a method of data analysis used is inductive analysis. Finally, this study found that: First, tradition of Marosok contains the meaning of harmonization of social life that keep people from negative debate, envy, and arrogant. Second, Marosok tradition is one of the adat law in Indonesia; it is one of contract law in the process of buying and selling. If the comparison between the practice Marosok tradition as adat law with the provisions of Article 1320 book of civil code about the terms of the validity of a contract, the elements contained in the provisions of these regulations are met in practice Marosok. Thus, the practice of Marosok in buying and selling cattle process in Payakumbuh justified in view of the positive law of Indonesia. Last of all, all kinds of disputes arising due to contracts made by Marosok tradition can be resolved by positive law and adat law of Indonesia.

Keywords: Adat law, contract, Indonesia, Marosok

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Authors: Usman Adekunle Ojedokun, Adeyinka Abideen Aderinto

Abstract:

Migration remains an important course of action often resort-to by human and some other classes of animal for survival in the face of life-threatening conditions. However, the activity of certain group of immigrants, who are exploiting the socio-economic and environmental challenges in their home countries to conduct street begging across different countries in Africa, is fast becoming a major cause for concern. This paper examined the migratory trajectory of transnational street beggars in South Western, Nigeria. Strain and Migration Network Theories were adopted for the study. The methods of data collection were survey questionnaire, in-depth interview, and key informant interview. Convenience and purposive sampling techniques were employed for the selection of 395 transnational street beggars and 4 key informants were purposively chosen. Findings revealed that transnational street beggars immigrated into Nigeria all year round and all of them came by road. Also, while some of them entered the country officially, others gained entry illegally. The majority (29.3%) arrived through Sokoto, a border State to some neighbouring countries. This study calls for more security measures at the Nigerian borders as a way of controlling the influx of this category of beggars into the country.

Keywords: transnational street beggars, street begging, migration, Nigeria

Procedia PDF Downloads 223