Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 862

Search results for: collective agreements

862 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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861 Collective Redress in Consumer Protection in South East Europe: Cross-National Comparisons, Issues of Commonality and Difference

Authors: Veronika Efremova

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In recent decades, there have been significant developments in the European Union in the field of collective consumer redress. South East European countries (SEE) covered by this paper, in line with their EU accession priorities and duties under Stabilisation and Association Agreements, have to harmonize their national laws with the relevant EU acquis for consumer protection (Chapter 28: Health and Consumer). In these countries, only minimal compliance is achieved. SEE countries have introduced rudimentary collective redress mechanisms, with modest enforcement of collective redress and case law. This paper is based on comprehensive interdisciplinary research conducted for SEE countries on common principles for injunctive and compensatory collective redress mechanisms, emphasizing cross-national comparisons, underlining issues of commonality and difference aiming to develop recommendations for an adequate enforcement of collective redress. SEE countries are recognized by the sectoral approach for regulating collective redress contrary to the majority of EU Member States with having adopted horizontal approach to collective redress. In most SEE countries, the laws do not recognize compensatory but only injunctive collective redress in consumer protection. All responsible stakeholders for implementation of collective redress in SEE countries, lack information and awareness on collective redress mechanisms and the way they function in practice. Therefore, specific actions are needed in these countries to make the whole system of collective redress for consumer protection operational and efficient. Taking into consideration the various designated stakeholders in collective redress in each SEE countries, there is a need of their mutual coordination and cooperation in order to develop consumer protection system and policies. By putting into practice the national collective redress mechanisms, effective access to justice for all consumers, the principle of rule of law will be secured and appropriate procedural guarantees to avoid abusive litigation will be ensured.

Keywords: collective redress mechanism, consumer protection, commonality and difference, South East Europe

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860 Management Opposition, Strikes, and Union Threats

Authors: Patrick Nüß

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I estimate management opposition against unions in terms of hiring discrimination by a large scale field experiment in the German labor market. The results show that callback rates for union members decrease significantly in the presence of high sectoral union density and large firm size. I further explore how this effect varies with regional and sectoral labor dispute intensity and find that management opposition is stronger when a sector is exposed to an intense labor dispute. There is evidence that the observed management opposition can be explained by sectoral union threat effects. Sectors with lower hiring discrimination have lower coverage of collective agreements, and in the absence of a collective agreement, they are less likely to follow the collective agreement wage setting.

Keywords: trade unions, Industrial relations, management opposition, union threat, labor disputes, field experiments

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859 The Impact of Collective Punishment on Cadets’ Psychology

Authors: Ersegün Ömer Erol

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Since the first civilizations, armies have been the most significant part of the countries. As generally known, in today’s world, people are trying hard to find the best way to educate their armies so as to prepare them effectively for the war. Due to the fact that, as rarely known, collective punishment is in fact one of the methods used commonly in militaries in order to educate personnel and cadets. In this study, it is purposed to find out the constructive and unfavorable impacts of collective punishment on cadets’ psychology and by comparing these impacts to decide whether the collective punishment is functional or not. These impacts are obtained from the questionnaire applied on cadets and personnel. The main goal of the study is to provide new point of views and more scientific information about the discussed education way-the collective punishment.

Keywords: army, cadet, collective punishment, psychology

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858 The Effects of Expanding the Generosity of the Statutory Sick Leave Insurance: The Case of a French Reform

Authors: Mohamed Ali Benhalima, Nathon Elbaz, Malik Koubi

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This paper evaluates an expansion of employer-mandated sick leave insurance in the French private sector. We use a difference-in-differences method in which control groups are defined according to the collective bargaining agreement (CBA) employees belong to. Indeed, thanks to complementary insurance provided by CBAs, employees were not affected the same way by the reform. We find significant effects of the reform on sick leave spells lasting at least 7 days, consistently with the reform target. The effects on spells’ duration and frequency are positive and more pronounced for women than for men, for whom the effect on frequency tends to be slightly negative. The effects are also more pronounced for executives and supervisors than less qualified categories.

Keywords: sickness absence, collective agreements, daily sickness benefits, labor economics

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857 The Link Between Knowledge Management, Organizational Learning and Collective Competence

Authors: Amira Khelil, Habib Affes

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The XXIst century is characterized by promoting teamwork as one of the main drivers of firms` performance. Collective competence is becoming crucial in developing and maintaining a firm’s competitive advantage, as well as its contributions to organizational innovation. In other words, the improvement of collective competence for a firm is no longer a choice, but rather an obligation. Learning capabilities of a firm in the context of knowledge management are assumed to be the main drivers of collective competence. Although there are some efforts to consider these concepts together; they are mostly discussed separately in the management theory. Thus, this paper aims to offer a holistic approach for development collective competence on the basis of Knowledge Management and Organizational Learning Capabilities. A theoretical model that defines a relationship between knowledge management, organizational learning and collective competence is presented at the end of this paper.

Keywords: collective competence, exploitation learning, exploration learning, knowledge management, organizational learning capabilities

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856 The Right to Engage in Collective Bargaining in South Africa: An Exploratory Analysis

Authors: Koboro J. Selala

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Whilst the system of collective bargaining is well-researched in South Africa, recent studies reveal that this is an area of law and practice that is poorly understood. Despite the growing attention being paid by most scholars to the role of collective bargaining in the labour relations system, only a handful of the studies have considered collective bargaining as a mechanism of dispute resolution. The purpose of this paper is to provide a critical analysis of the current understanding of the right to engage in collective bargaining in South Africa to assess the extent to which collective bargaining is used to resolve labour disputes. The overall objective is to offer a deeper understanding of the role of collective bargaining in dispute resolution process within the South African constitutional labour law context. To this end, the paper examines the applicable legal framework of collective bargaining to address two fundamental questions that are critical to the proper understanding of the functioning of the South African collective labour dispute resolution system. The first concerns the extent to which the current South African legislative framework supports the fundamental labour rights entrenched in the Constitution of the Republic of South Africa. The second addresses the role of trade unions in collective dispute resolution processes and the extent to which they can best utilize collective bargaining to resolve labour disputes. Finally, the paper discusses the general implications of the findings to stimulate further research and to enhance the constitutional development of collective labour rights in South Africa.

Keywords: collective bargaining, constitution, freedom of association, labour relations act

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855 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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854 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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853 The Potential of Cloud Computing in Overcoming the Problems of Collective Learning

Authors: Hussah M. AlShayea

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This study aimed to identify the potential of cloud computing, "Google Drive" in overcoming the problems of collective learning from the viewpoint of Princess Noura University students. The study included (92) students from the College of Education. To achieve the goal of the study, several steps have been taken. First, the most important problems of collective learning were identified from the viewpoint of the students. After that, a survey identifying the potential of cloud computing "Google Drive" in overcoming the problems of collective learning was distributed among the students. The study results showed that the students believe that the use of Google Drive contributed to overcoming these problems. In the light of those results, the researcher presented a set of recommendations and proposals, including: encouraging teachers and learners to employ cloud computing to overcome the problems and constraints of collective learning.

Keywords: cloud computing, collective learning, Google drive, Princess Noura University

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852 The Trend and Implementation of Bargaining Agreements at University of Fort Hare, Eastern Cape, South Africa 2012 to 2016

Authors: Olusola Olasupo, E. O. C. Ijeoma

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The University of Fort Hare and the National Education Health and Allied Workers Union (NEHAWU), the registered labor union at the University recognizes the significance of collective bargaining. This prompted both parties to enter into agreement with the notion to strengthening the relationship between them. The agreement was therefore entered into between NEHAWU representing the employees and the University. The agreement was signed on August 31st, 2005. The study adopting historical research method reveals the trend and implementation of bargaining agreements at University of Fort Hare from 2012 to 2016. This study examines how the implementation of bargaining agreement is utilized to solve labor related challenges and also improve on employee’s wages and conditions of service thereby strengthening the relationship between the management and employees at University of Fort Hare. The study contributes to knowledge on the effects of the implementation of bargaining agreement on wages and other conditions of service leading to harmonious relationship between the Staff and the management towards the effective administration of the University of Fort Hare. Findings reveal that ever since 2005 when the agreement was reached, University of Fort Hare and NEHAWU have been committed to improving the employees’ wages through substantive agreement. The study concludes by recommending a more effective implementation of bargaining agreement at University of Fort Hare.

Keywords: agreement, bargaining, implementation, trend

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851 The Social Process of Alternative Dispute Resolution and Collective Conciliation: Unveiling the Theoretical Framework

Authors: Adejoke Yemisi Ige

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This study presents a conceptual analysis and investigation into the development of a systematic framework required for better understanding of the social process of Alternative Dispute Resolution (ADR) and collective conciliation. The critical examination presented in this study is significant because; it draws on insight from ADR, negotiation and collective bargaining literature and applies it in our advancement of a methodical outline which gives an insight into the influence of the key actors and other stakeholder strategies and behaviours during dispute resolution in relation to the outcomes which is novel. This study is qualitative and essentially inductive in nature. One of the findings of the study confirms the need to consider ADR and collective conciliation within the context of the characteristic conditions; which focus on the need for some agreement to be reached. Another finding of the study shows the extent which information-sharing, willingness of the parties to negotiate and make concession assist both parties to attain resolution. This paper recommends that in order to overcome deadlock and attain acceptable outcomes at the end of ADR and collective conciliation, the importance of information exchange and sustenance of trade union and management relationship cannot be understated. The need for trade unions and management, the representatives to achieve their expectations in order to build the confidence and assurance of their respective constituents is essential. In conclusion, the analysis presented in this study points towards a set of factors that together can be called the social process of collective conciliation nevertheless; it acknowledges that its application to collective conciliation is new.

Keywords: alternative dispute resolution, collective conciliation, social process, theoretical framework, unveiling

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850 Collective Strategies Dominate in Spatial Iterated Prisoners Dilemma

Authors: Jiawei Li

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How cooperation emerges and persists in a population of selfish agents is a fundamental question in evolutionary game theory. Our research shows that Collective Strategies with Master-Slave Mechanism (CSMSM) defeat Tit-for-Tat and other well-known strategies in spatial iterated prisoner’s dilemma. A CSMSM identifies kin members by means of a handshaking mechanism. If the opponent is identified as non-kin, a CSMSM will always defect. Once two CSMSMs meet, they play master and slave roles. A mater defects and a slave cooperates in order to maximize the master’s payoff. CSMSM outperforms non-collective strategies in spatial IPD even if there is only a small cluster of CSMSMs in the population. The existence and performance of CSMSM in spatial iterated prisoner’s dilemma suggests that cooperation first appears and persists in a group of collective agents.

Keywords: Evolutionary game theory, spatial prisoners dilemma, collective strategy, master-slave mechanism

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849 Fighting for What’s Fair: Illegitimacy Appraisals as Drivers of Different Collective Action Responses to Economic Inequality

Authors: Finn Lannon, Jenny Roth, Roland Deutsch, Eric Igou

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The world continues to be rife with economic inequality, which has an impact on how people think and behaves in response to large and often growing gaps in wealth. Large gaps in earnings between groups within a particular organization, area or society can create tension between groups. Collective action tendencies (to protest, sign a petition, vote on behalf of an ingroup etc.) are also a growing phenomenon globally. Research shows that economic inequality promotes social processes such as appraisals of illegitimacy, which are recognized antecedents of collective action. This paper examines different types of collective action intentions among middle-status group members in response to economic inequality in two studies. Study 1 (N = 72) demonstrates a causal link between high economic inequality and collective action intentions of middle-status group members both to reduce inequality and to improve group status. A second pre-registered study (N = 432) examines key drivers of these relationships, including illegitimacy appraisals and direction of intergroup comparison. Adding to the current understanding of the topic, distinctions between the illegitimacy of one’s group status and the illegitimacy of societal inequality are found to mediate key relationships between economic inequality and relevant collective action types. The direction of intergroup comparison (upwards vs. downwards) is also shown to have a significant impact on collective action intentions to improve group status. Findings add to the understanding of the consequences of economic inequality and drivers of collective action intentions.

Keywords: economic inequality, collective action, legitimacy, social psychology

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848 Defence Diplomacy and Collective Security in Africa: Case of Rwanda Defence Forces

Authors: Emmanuel Mugiraneza

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Rwanda uses defence diplomacy to pursue international collective security through different mechanisms. This paper shows that with an intent of promoting international collective security, Rwanda has constituted its defense diplomacy policy in three standpoints. First, Rwanda has formed strategic cooperation alliances with state actors, regional and international Organizations that enables her to participate in and promote international collective peace, security and cooperation. Secondary, Rwanda uses defence diplomacy to foster cooperation in to pre-empt, minimize and neutralize potential triggers that would lead to the outbreak of international conflict. Thirdly, Rwanda implements defence diplomacy policy strategy through internationally recognized operational and tactical standards while dispelling hostilities, assisting the friendly nation’s forces and or building and maintaining public confidence and trust in the areas where Rwanda Defence Force deploys for peacekeeping missions in Sudan, South Sudan, Central African Republic and Mozambique for a counterterrorism mission.

Keywords: defence diplomacy, collective security, Rwanda, Peacekeeping

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847 Collective Actions of the Women in Black of the Gaza Strip

Authors: Lina Fernanda González

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Through this essay, an attempt will be made to make visible the work of the international network of the Women in Black (henceforth WB), on the one hand. On the other hand, the work of Women International Courts as a political practice will be showed as well, focusing their work into generating a collective identity - becoming thusly a peace building space, rescuing in this way the symbolic value of their practices consisting in peaceful resistance as political scenarios, that serve, too, a pedagogical and healing purposes.

Keywords: collective actions, women, peace, human rights and humanitarian international law

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846 The Mobilizing Role of Moral Obligation and Collective Action Frames in Two Types of Protest

Authors: Monica Alzate, Marcos Dono, Jose Manuel Sabucedo

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As long as collective action and its predictors constitute a big body of work in the field of political psychology, context-dependent studies and moral variables are a relatively new issue. The main goal of this presentation is to examine the differences in the predictors of collective action when taking into account two different types of protest, and also focus on the role of moral obligation as a predictor of collective action. To do so, we sampled both protesters and non-protesters from two mobilizations (N=376; N=563) of different nature (catalan Independence, and an 'indignados' march) and performed a logistic regression and a 2x2 MANOVA analysis. Results showed that the predictive variables that were more discriminative between protesters and non-protesters were identity, injustice, efficacy and moral obligation for the catalan Diada and injustice and moral obligation for the 'indignados'. Also while the catalans scored higher in the identification and efficacy variables, the indignados did so in injustice and moral obligation. Differences are evidenced between two types of collective action that coexist within the same protest cycle. The frames of injustice and moral obligation gain strength in the post-2010 mobilizations, a fact probably associated with the combination of materialist and post-materialist values that distinguish the movement. All of this emphasizes the need of studying protest from a contextual point of view. Besides, moral obligation emerges as key predictor of collective action engagement.

Keywords: collective action, identity, moral obligation, protest

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845 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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844 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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843 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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842 Collective Behavior of Mice Passing through a Middle-Exit or Corner-Exit under Panic

Authors: Teng Zhang, Xuelin Zhang, Shouxiang Lu, Changhai Li

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The existence of animal groups and collective migration are common in nature, and collective behavior is attracting more and more attention of researchers. Previous results have shown that architectural design had an important effect on the process of crowd evacuation. In this paper, collective behavior of mice passing through a middle-exit or corner-exit under panic was investigated. Selfish behavior and herd behavior were easily observed in our video, which caused the congregation with high density near the exit. Triangle structure of congregation formed near the middle-exit while arch structure formed near the corner-exit. It is noteworthy that the exit located at the middle of the wall was more effective for evacuation than at the corner. Meanwhile, the escape sequence of mouse passing through the exit was investigated, and the result showed that the priority depends largely on its location in the congregation. With the level of stimulus increasing, these phenomena still exist. The frequency distributions of time intervals and the burst sizes were also analyzed in this study to explore the secret of collective behavior of mice. These results could provide evidence for the hypothesis or prediction about human behavior in crowd evacuation. However, it is not clear whether the simulated results from different species can correspond to reality or not. Broader comparison among different species about this topic will be eager to be conducted to deepen our understanding of collective behavior in nature.

Keywords: collective behavior, mice, evacuation, exit location

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841 Criminal Law Instruments to Counter Corporate Crimes in Poland

Authors: Dorota Habrat

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In Polish law, the idea of the introduction of corporate responsibility for crimes is becoming more popular and creates a lot of questions. The need to introduce into the Polish legal system liability of corporate (collective entities) has resulted, among others, from the Polish Republic's international commitments, in particular related to membership in the European Union. The Act of 28 October 2002 on the liability of collective entities for acts prohibited under penalty is one of the example of adaptation of Polish law to Community law. Introduction to Polish law a criminal nature liability of corporations (legal persons) has resulted in a lot of controversy and lack of acceptance from both the scientific community as well as the judiciary. The responsibility of collective entities under the Act has a criminal nature. The main question concerns the ability of the collective entity to be brought to guilt under criminal law sense. Polish criminal law knows only the responsibility of individual persons. So far, guilt as a personal feature of action, based on the ability of the offender to feel in his psyche, could be considered only in relation to the individual person, while the said Act destroyed this conviction. Guilt of collective entity must be proven under at least one of the three possible forms: the guilt in the selection or supervision and so called organizational guilt. The next question is how the principle of proportionality in relation to criminal measures in response of collective entities should be considered. It should be remembered that the legal subjectivity of collective entities, including their rights and freedoms, is an emanation of the rights and freedoms of individual persons which create collective entities and through these entities implement their rights and freedoms. The adopted Act largely reflects the international legal regulations but also contains the unknown and original legislative solutions.

Keywords: criminal corporate responsibility, Polish criminal law, legislative solutions, Act of 28 October 2002

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840 Models of State Organization and Influence over Collective Identity and Nationalism in Spain

Authors: Muñoz-Sanchez, Victor Manuel, Perez-Flores, Antonio Manuel

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The main objective of this paper is to establish the relationship between models of state organization and the various types of collective identity expressed by the Spanish. The question of nationalism and identity ascription in Spain has always been a topic of special importance due to the presence in that country of territories where the population emits very different opinions of nationalist sentiment than the rest of Spain. The current situation of sovereignty challenge of Catalonia to the central government exemplifies the importance of the subject matter. In order to analyze this process of interrelation, we use a secondary data mining by applying the multiple correspondence analysis technique (MCA). As a main result a typology of four types of expression of collective identity based on models of State organization are shown, which are connected with the party position on this issue.

Keywords: models of organization of the state, nationalism, collective identity, Spain, political parties

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839 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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838 Achieving Conviviality in Terms of Collective Experience through Creative Public Spaces in Namik Kemal Square, Famagusta, North Cyprus

Authors: Shirin Shaideh, Nina Shirkhanloo

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Creative public spaces were needed to foster conviviality in an urban form. The conviviality could be enhanced by facilitating variety of opportunities to participate in communal activities and promoting collective experiences. In this regard, The Namik Kemal Square as a major public space of Walled City of Famagusta in North Cyprus was found as the creative public space because it supports collective practices by leisure activities which enclosed the space. The square also utilized creative collaboration such as festivals and outdoor exhibition. Accordingly this paper focuses on the issue of conviviality in urban public space, in the perspective of square, as a major indicator of their success. The survey firstly provides a theoretical framework for understanding conviviality in creative public space to empower collective experience. Secondly it discusses the essential components of conviviality in form of square and finally investigating conviviality and also its determinants in Namik Kemal square. Hence, the main challenges of this study are going to focus on how convivial public spaces impact collective experience, what people expect from a kind of public space, or what they perceive as a good place to be in. Since it seems essential to respond positively, inclusively to the needs of people to socialize in public spaces by involving them in collective and common practices, this article aims to tease out what gives some places personality and conviviality so that we can learn to design, maintain and manage better quality built environment in future.

Keywords: conviviality, creative public space, collective experience, Namik Kemal square

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837 Collective Efficacy and Rural Migration in Urban China—Social Determinants on Urbanization, Social Integration and Civic Engagement

Authors: Ziwei Qi

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This paper focuses on issues on Urbanization, Rural Migration and Neighborhood Collective Efficacy in urban China. The urbanization and migration trend and policies in China will be discussed and the various mechanisms through which social structures affect economic action and the consequent of social disequilibrium due to urbanization will be discussed. The positive and negative propositions on urbanization will also be highlighted. The primary methodologies applied in the paper will be the theoretical application and empirical implication on urbanization in developing countries. Western sociological theories, including theories in urban criminology /sociology including social disorganization, theories of social capital and collective efficacy will be applied and analyzed to test the market society in Chinese economic and cultural setting.

Keywords: collective efficacy, civic engagement, rural migration, urbanization

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836 Assessment on the Collective Memory after Alteration of Urban Heritage: Case Study of Hengshan Mansions in Shanghai

Authors: Yueying Chen

Abstract:

A city can be developed through memory, and memory is one of the most important elements for urban contexts. Collective memory is a collection of personal memories that can be preserved with objects, places, and events of heritage, expressing culture through spatial changes. These preserved forms can evoke a sense of community and certain emotions. Collective memory in cities reflects urban spatial alterations and historical developments. It can be preserved and reflected by revitalisation projects. A major current focus in collective memory research is how to identify and preserve memory in an intangible way. The influential elements within the preservation of collective memory mainly include institutions and objects. However, current research lacks the assessment of the collective memory after alterations of urban heritage. The assessment of urban heritage lacks visualization and qualitative methods. The emergence of the application of space syntax can fill in this gap. Hengshan Mansions was a new project in 2015. The original residential area has been replaced with a comprehensive commercial area integrating boutique shopping, upscale restaurants, and creative offices. Hengshan Mansions is located in the largest historic area in Shanghai, and its development is the epitome of the traditional culture in Shanghai. Its alteration is the newest project in this area and presents the new concept of revitalisation of urban heritage. For its physical parts, modern vitality is created, and historical information is preserved at the same time. However, most of the local people are moved away, and its functions are altered a lot. The preservation of its collective memory needs to discuss furtherly. Thus, the article builds a framework to assess the collective memory of urban heritage, including spatial configuration, spatial interaction, and cultural cognition. Then, it selects Hengshan Mansions in Shanghai as a case to analyse the assessed framework. Space syntax can be applied to visualize the assessment. Based on the analysis, the article will explore the influential reasons for the collective memory after alterations and proposes relevant advice for the preservation of the collective memory of urban heritage.

Keywords: collective memory, alternation of urban heritage, space syntax, Hengshan Mansions

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835 Monitoring Co-Creation: A Survey of Lithuanian Urban Communities

Authors: Aelita Skarzauskiene, Monika Maciuliene

Abstract:

In this paper, we conduct a systematic survey of urban communities in Lithuania to evaluate their potential to co-create collective intelligence or “civic intelligence” applying Digital Co-creation Index methodology that includes different socio-technological indicators. Civic intelligence is a form of collective intelligence that refers to the group’s capacity to perceive societal problems and to address them effectively. The research focuses on evaluation of diverse organizational designs that increase efficient collective performance. The current scientific project advanced the state of the art by evaluating the basic preconditions in the urban communities through which the collective intelligence is being co-created under the systemic manner. The research subject is the “bottom up” digital enabled urban platforms, initiated by Lithuanian public organizations, civic movements or business entities. The web-based monitoring results obtained by applying a social indices calculation methodology and Pearson correlation analysis provided the information about the potential and limits of the urban communities and what possible changes need to be implemented to overcome the limitations.

Keywords: computer supported collaboration, socio-technological system, collective intelligence, networked society

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834 Financial Information and Collective Bargaining: Conflicting or Complementing

Authors: Humayun Murshed, Shibly Abdullah

Abstract:

The research conducted in early seventies apparently assumed the existence of a universal decision model for union negotiators and furthermore tended to regard financial information as a ‘neutral’ input into a rational decision-making process. However, research in the eighties began to question the neutrality of financial information as an input in collective bargaining rather viewing it as a potentially effective means for controlling the labour force. Furthermore, this later research also started challenging the simplistic assumptions relating particularly to union objectives which have underpinned the earlier search for universal union decision models. Despite the above developments there seems to be a dearth of studies in developing countries concerning the use of financial information in collective bargaining. This paper seeks to begin to remedy this deficiency. Utilising a case study approach based on two enterprises, one in the public sector and the other a multinational, the universal decision model is rejected and it is argued that the decision whether or not to use financial information is a contingent one and such a contingency is largely defined by the context and environment in which both union and management negotiators work. An attempt is also made to identify the factors constraining as well as promoting the use of financial information in collective bargaining, these being regarded as unique to the organizations within which the case studies are conducted.

Keywords: collective bargaining, developing countries, disclosures, financial information

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

Authors: Luke Power, Paul O'Leary

Abstract:

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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