Search results for: comparative perspective
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 5396

Search results for: comparative perspective

5396 Relevance of the Tokyo Trial: A Comparative Perspective

Authors: Nalanda Roy

Abstract:

The project will offer a fresh and critical perspective into the Tokyo Trial judgment led by the Indian Jurist Dr. Radha Binod Pal. The project will focus on the Third World Approach to International Law (TWAIL) methodology to examine the relevance of international law from the post-colonial perspectives. The project will analyze Pal’s dissenting arguments from a new and comparative perspective, apply for work from other disciplines, and create an understanding of the significance of the historic judgment considering its contemporary relevance, and fill in the gaps that exist in the call for global justice.

Keywords: Tokyo trial, third world, judgment, international law

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5395 The Europeanization of Minority and Disability Rights: A Comparative View

Authors: Katharina Crepaz

Abstract:

Both minority rights and disability rights are relatively new fields for policy-making in a European context, and both are affected by the EU’s diversity mainstreaming approach, as well as by the non-discrimination legislation drafted at the European level. These processes correspond to the classic understanding of Europeanization, namely a “top-down” stream of influence from the European to the national and subnational levels. However, both minority and disability rights movements also show instances of “bottom-up” Europeanization, e.g. transnational advocacy networks and efforts to reach joint goals at the EU-level. This paper aims to provide a comparative perspective on Europeanization in both fields, pointing out similar dynamics and patterns, but also explaining in which sectors outcomes may be different and which domestic and other scope conditions may be responsible for these differences.

Keywords: europeanization, disability rights, minority rights, comparative perspective

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5394 Initial Concept of Islamic Social Entrepreneurship: Identification of Research Gap from Existing Model

Authors: Mohd Adib Abd Muin

Abstract:

Social entrepreneurship has become a new phenomenon in a country in order to reduce social problems and eradicate poverty communities. However, the study based on Islamic social entrepreneurship from the social entrepreneurial activity is still new especially in the Islamic perspective. In addition, this research found that is lacking of model on social entrepreneurship that focus on Islamic perspective. Therefore, the objective of this paper is to identify the issues and research gap based on Islamic perspective from existing models and to develop a concept of Islamic social entrepreneurship according to Islamic perspective and Maqasid Shari’ah. The research method used in this study is literature review and comparative analysis from 11 existing models of social entrepreneurship. The research finding shows that 11 existing models on social entrepreneurship has been analyzed and it shows that the existing models on social entrepreneurship do not emphasize on Islamic perspective.

Keywords: component, social entrepreneurship, Islamic perspective, research gap

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5393 Social Entrepreneurship on Islamic Perspective: Identifying Research Gap

Authors: Mohd Adib Abd Muin, Shuhairimi Abdullah, Azizan Bahari

Abstract:

Problem: The research problem is lacking of model on social entrepreneurship that focus on Islamic perspective. Objective: The objective of this paper is to analyse the existing model on social entrepreneurship and to identify the research gap on Islamic perspective from existing models. Research Methodology: The research method used in this study is literature review and comparative analysis from 6 existing models of social entrepreneurship. Finding: The research finding shows that 6 existing models on social entrepreneurship has been analysed and it shows that the existing models on social entrepreneurship do not emphasize on Islamic perspective.

Keywords: social entrepreneurship, Islamic perspective, research gap, business management

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5392 The Reform of Chinese Migration Law and Its Actual Implementation

Authors: Wang Jie

Abstract:

This article advances the reform of Chinese migration law through an analysis of the updated and former versions of the Chinese migration law, specifically for the Exit-Entry Administration Law of the People’s Republic of China and Regulations on Foreigners’ Permanent Residence in the People’s Republic of China(Exposure Draft), which was most recently issued in 2012 and 2020 respectively. After a fundamental reform of China’s migration law, China’s immigration legal framework has become relatively well developed compared with the previous one. Immigration procedures are available online and these procedures have become relatively simple. Comparative research for the Chinese migration laws has been done during the past several years for its legislation, legal reference for western countries and its preliminary implementation. Some results show that the reform is a superficial one and may not have a practical effect on China’s current immigration legal framework. However, complete results cannot be obtained only through the comparative research of legal definitions. Some practical case studies will also be required to analyze in detail to demonstrate the reasons that some reforms still remain at the superficial level and what further progress is required in China's immigration legal framework. This is a perspective that has been overlooked in most comparative law studies. In the first part, this article will conduct a simple comparative study of the reform of Chinese migration law and use cases studies to illustrate the reform of Chinese migration law. In the second part, this article will point out another perspective that is easily overlooked, that is, how do the Chinese nationals treat the reform: whether it is a legislative advance or a failure, and whether it deepens social tensions between nationals and immigrants. In the third part, the article will discuss Chinese migration law through China’s international law perspective with international organizations, such as International Organization for Migration and International Labour Organization will also be discussed to dialectically judge the reform of Chinese migration law. This article will adopt case and comparative studies to conduct overall research based on the reform of Chinese migration law and try to put forward more constructive advice for China’s immigration legal framework.

Keywords: Chinese migration law, reform, foreigners, immigration legal framework

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5391 Employee Inventor Compensation: A New Quest for Comparative Law

Authors: Andrea Borroni

Abstract:

The evolution of technology, the global scale of economy, and the new short-term employment contracts make a very peculiar set of disposition of raising interest for the legal interpreter: the employee inventor compensation. Around the globe, this issue is differently regulated according to the legal systems; therefore, it is extremely fragmented. Of course, employers with transnational businesses should face this issue from a comparative perspective. Different legal regimes are available worldwide awarding, as a consequence, diverse compensation to the inventor and according to their own methodology. Given these premises, the recourse to comparative law methodology (legal formants, diachronic and synchronic methodology, common core approach) is the best equipped to face all these different national approaches in order to achieve a tidy systematic. This research, so, elaborates a map of the specific criteria to grant the compensation for the inventor and to show the criteria to calculate them. This finding has been the first step to find out a common core of the discipline given by the common features present in the different legal systems.

Keywords: comparative law, employee invention, intellectual property, legal transplant

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5390 Scientific Theoretical Fundamentals of Comparative Analysis

Authors: Khalliyeva Gulnoz Iskandarovna, Mannonova Feruzabonu Sherali Qizi

Abstract:

A scientific field called comparative literature or literary comparative studies compares two or more literary phenomena. One of the most important scientific fields nowadays, when global social, cultural, and literary relations are growing daily, is comparative literature. Any comparative investigation reveals shared and unique characteristics of literary phenomena, which provide the cornerstone for the creation of overarching theoretical principles that apply to all literature. Comparative analysis consists of objects, and they are their constituents. For researchers, it is enough to know this. Comparative analysis, in addition to the above-mentioned actions, also focuses on comparing the components of the objects of analysis with each other. The purpose of this article is to investigate comparative analysis in literature and to identify similarities and differences between comparable objects. Students, teachers, and researchers should be able to describe comparative research techniques and their fundamental ideas when studying this topic. They should also have a basic understanding of comparative literature and their summary.

Keywords: object, natural, social, spiritual, epistemological, logical, methodological, methodological, axiological tasks, stages of comparison, environment, internal features, and typical situations

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5389 Close-Out Netting Clauses from a Comparative Perspective

Authors: Lidija Simunovic

Abstract:

A Close-out netting cause is a clause within master agreements which reduces credit risks. This clause contains the parties ' advance agreement that the occurrence of a certain event (such as the commencement of bankruptcy proceedings) will result in the termination of the contract and that their mutual claims will be calculated as a net lump-sum to be paid by one party to the other. The legal treatment of the enforceability of close-out netting clauses opens up many legal matters in comparative legal systems because it is not uniformly treated in comparative laws. Certain legal systems take a liberal approach and allow the enforcement of close-out netting clauses. Others are much stricter, and they limit or completely prohibit the enforcement of close-out netting clauses through the mandatory provisions of their national bankruptcy laws. The author analyzes the concept of close-out netting clauses in selected comparative legal systems and examines the differences in their legal treatment by using the historical, analytical, and comparative method. It results that special treatment of the close-out netting in national laws with a liberal approach is often forced by financial industry lobbies and introduced in national laws without the justified reasons. Contrary to that in legal systems with limited or prohibited approach on close-out netting the uncertain enforceability of the close-out netting clause causes potential credit risks. The detected discrepancy on the national legal treatment and national financial markets regarding close-out netting lead to the conclusion to author’s best knowledge that is not possible to use any national model of close-out netting as a role model which perfectly fits all.

Keywords: close-out netting clauses, derivatives, insolvency, offsetting

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5388 Dissecting the Hindu and New York Times Perspective on War on Terror

Authors: Shahid Minhas

Abstract:

This study 'Dissecting the Hindu and New York Times perspective on War on Terror' conducted to determine the comparative perspective and portrayal of war on Terror in Pakistan. The study also aimed to find out how these two selected countries i.e. India and America, press depict and how considerably they cover the war on terror in Pakistan, which also benefits to know the policy of government concerned. This study also analyzes to what extent Indian and American press followed its foreign policy guidelines in the coverage of the war on Terror in Pakistan. This study observes that actually, the New York Times pays little consideration to Pakistan and even the third words countries, and when it pays consideration, it tends to cover negative news. Pakistan is more frequently covers unfavorable than positive likewise encircled more frequently as a fundamentalist than a liberal state by the Hindu, While stance that Pakistan has played the anti-India tag to develop equities cultivate non-state groups as chattels.

Keywords: war on terror, terrorism, Pak-India relation, Pak-US relation

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5387 A Comparative Analysis of Legal Novelties on Telework in Portugal and Spain: A Gender Perspective

Authors: Ekaterina Reznikova

Abstract:

The paper provides an overview of the comparative analysis of legal novelties on telework in Portugal and Spain from a gender perspective. Telework, defined as the practice of working remotely using information and communication technologies, has gained increased attention in recent years, particularly in the context of the COVID-19 pandemic. As countries implement legal frameworks to regulate telework, it is essential to assess their gender implications and their impact on promoting gender equality in the workplace. In Portugal, legal novelties on telework have been introduced through various legislative measures, including the Telework Regulation Act (Lei do Teletrabalho) enacted in 2018. This legislation aims to provide a framework for telework arrangements, outlining rights and obligations for both employers and employees. However, the gender perspective in Portugal's telework regulations remains somewhat limited, with few explicit provisions addressing gender disparities in telework participation or the unequal distribution of caregiving responsibilities. In contrast, Spain has taken a more proactive approach to addressing gender equality in telework through its legal novelties. The Spanish government passed the Royal Decree-Law 28/2020, which introduced significant reforms to telework regulations in response to the COVID-19 pandemic. This legislation includes provisions aimed at promoting gender equality in telework, such as measures to ensure work-life balance and prevent discrimination based on gender in telework arrangements. Additionally, Spain has implemented initiatives to encourage "joint responsibility" at home, emphasizing the importance of shared caregiving duties between men and women. By comparing the legal novelties on telework in Portugal and Spain from a gender perspective, this study aims to identify best practices and areas for improvement in promoting gender equality in telework arrangements. Through a comprehensive analysis of the legal frameworks, this study will assess the extent to which Portugal and Spain's telework regulations address gender disparities and support the advancement of women in the workforce. The findings of this comparative analysis will have significant implications for policymakers, employers, and other stakeholders involved in shaping telework policies. By identifying effective strategies for promoting gender equality in telework, this study seeks to contribute to the development of inclusive and sustainable work environments that benefit all employees, regardless of gender.

Keywords: telework, labour law, digitalization, gender

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5386 Comparative Regionalism: The Case of Financial Integration in Association of Southeast Asian Nations

Authors: Sharon Kun-Amornpong

Abstract:

In this paper, ASEAN financial integration will be discussed from the perspective of the rule of law. The methodology of the paper is comparative regionalism. It will compare the role of the rule of law in ASEAN financial integration with that of the European Union with particular focuses on, for example, institutions and values. The paper argues that in the realm of financial integration, the rule of law is one of the most important factors that could help strengthen and promote financial integration in ASEAN. This is despite the fact that the ‘ASEAN Way’ emphasises non-interference and utilises a consensus-based cooperation rather than formal institutions. Nevertheless, the rule of law for ASEAN financial integration should be situated in its own historical, cultural, and political contexts. In addition, in the case of ASEAN, the rule of law cannot take root if it does not come from the demand of the people in this region. For instance, a reform or creation of legal institutions should not be imposed by international financial institutions. The paper will conclude that law has a normative force. It could shape expectation of market participants and promote deeper financial integration if norms that the law generates have become a significant norm in the society or industry.

Keywords: Association of Southeast Asian Nations, ASEAN, comparative regionalism, financial integration, the rule of law

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5385 Genomics of Aquatic Adaptation

Authors: Agostinho Antunes

Abstract:

The completion of the human genome sequencing in 2003 opened a new perspective into the importance of whole genome sequencing projects, and currently multiple species are having their genomes completed sequenced, from simple organisms, such as bacteria, to more complex taxa, such as mammals. This voluminous sequencing data generated across multiple organisms provides also the framework to better understand the genetic makeup of such species and related ones, allowing to explore the genetic changes underlining the evolution of diverse phenotypic traits. Here, recent results from our group retrieved from comparative evolutionary genomic analyses of selected marine animal species will be considered to exemplify how gene novelty and gene enhancement by positive selection might have been determinant in the success of adaptive radiations into diverse habitats and lifestyles.

Keywords: comparative genomics, adaptive evolution, bioinformatics, phylogenetics, genome mining

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5384 Algerian Literature Written in English: A Comparative Analysis of Four Novels and Their Historical, Cultural, and Identity Themes

Authors: Wafa Nouari

Abstract:

This study compares four novels written in English by Algerian writers: Donkey Heart Monkey Mind by Djaffar Chetouane, Pebble in the River by Noufel Bouzeboudja, Sophia in the White City by Belkacem Mezghouchene, and The Inner Light of Darkness by Iheb Kharab. It applies comparative research methods and cultural studies as the literary theory to analyze how these novels depict Algeria’s culture, history, and identity through their genre, style, tone, perspective, and structure. It identifies some common themes shared by them, such as the quest for freedom and dignity in a context of oppression and colonialism and the use of storytelling, imagination, and creativity as coping mechanisms for trauma and adversity. It also highlights their differences in terms of style, genre, setting, period, and perspectives. It concludes that these novels offer rich and diverse insights into Algeria and its multifaceted reality. It also discusses some limitations and challenges related to Algerian literature in English and suggests some directions for future research.

Keywords: Algeri an literature in English, comparative research methods, cultural studies, diversity and complexity

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5383 Comparative Analysis of Photovoltaic Systems

Authors: Irtaza M. Syed, Kaameran Raahemifar

Abstract:

This paper presents comparative analysis of photovoltaic systems (PVS) and proposes practical techniques to improve operational efficiency of the PVS. The best engineering and construction practices for PVS are identified and field oriented recommendation are made. Comparative analysis of central and string inverter based, as well as 600 and 1000 VDC PVS are performed. In addition, direct current (DC) and alternating current (AC) photovoltaic (PV) module based systems are compared. Comparison shows that 1000 V DC String Inverters based PVS is the best choice.

Keywords: photovoltaic module, photovoltaic systems, operational efficiency improvement, comparative analysis

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5382 Ulnar Nerve Changes Associated with Carpal Tunnel Syndrome Not Affecting Median versus Ulnar Comparative Studies

Authors: Emmanuel Kamal Aziz Saba, Sarah Sayed El-Tawab

Abstract:

The present study was conducted to assess the involvement of ulnar sensory and/or motor nerve fibers in patients with carpal tunnel syndrome (CTS) and whether this affects the accuracy of the median versus ulnar comparative tests. The present study included 145 CTS hands and 71 asymptomatic control hands. Clinical examination was done. The following tests were done: Sensory conduction studies: median, ulnar and dorsal ulnar cutaneous nerves; and median versus ulnar digit (D) four sensory comparative study; and motor conduction studies: median nerve, ulnar nerve and median versus ulnar motor comparative study. It was found that 17 CTS hands (11.7%) had ulnar sensory abnormalities in 17 different patients. The median versus ulnar sensory and motor comparative studies were abnormal among all these 17 CTS hands. There were significant negative correlations between median motor latency and both ulnar sensory amplitudes recording D5 and D4. In conclusion, there is ulnar sensory nerve abnormality among CTS patients. This abnormality affects the amplitude of ulnar sensory nerve action potential. This does not affect the median versus ulnar sensory and motor comparative tests accuracy for use in CTS.

Keywords: median nerve, motor comparative study, sensory comparative study, ulnar nerve

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5381 Towards a Mandatory Frame of ADR in Divorce Cases: Key Elements from a Comparative Perspective for Belgium

Authors: Celine Jaspers

Abstract:

The Belgian legal system is slowly evolving to mandatory mediation to promote ADR. One of the reasons for this evolution is the lack of use of alternative methods in relation to their possible benefits. Especially in divorce cases, ADR can play a beneficial role in resolving disputes, since the emotional component is very much present. When children are involved, a solution provided by the parent may be more adapted to the child’s best interest than a court order. In the first part, the lack of use of voluntary ADR and the evolution toward mandatory ADR in Belgium will be indicated by sources of legislation, jurisprudence and social-scientific sources, with special attention to divorce cases. One of the reasons is lack of knowledge on ADR, despite the continuing efforts of the Belgian legislator to promote ADR. One of the last acts of ADR-promotion, was the implementation of an Act in 2018 which gives the judge the possibility to refer parties to mediation if at least one party wants to during the judicial procedure. This referral is subject to some conditions. The parties will be sent to a private mediator, recognized by the Federal Mediation Commission, to try to resolve their conflict. This means that at least one party can be mandated to try mediation (indicated as “semi-mandatory mediation”). The main goal is to establish the factors and elements that Belgium has to take into account in their further development of mandatory ADR, with consideration of the human rights perspective and the EU perspective. Furthermore it is also essential to detect some dangerous pitfalls other systems have encountered with their process design. Therefore, the second part, the comparative component, will discuss the existing framework in California, USA to establish the necessary elements, possible pitfalls and considerations the Belgian legislator can take into account when further developing the framework of mandatory ADR. The contrasting and functional method will be used to create key elements and possible pitfalls, to help Belgium improve its existing framework. The existing mandatory system in California has been in place since 1981 and is still up and running, and can thus provide valuable lessons and considerations for the Belgian system. Thirdly, the key elements from a human rights perspective and from a European Union perspective (e.g. the right to access to a judge, the right to privacy) will be discussed too, since the basic human rights and European legislation and jurisprudence play a significant part in Belgian legislation as well. The main sources for this part will be the international and European treaties, legislation, jurisprudence and soft law. In the last and concluding part, the paper will list the most important elements of a mandatory ADR-system design with special attention to the dangers of these elements (e.g. to include or exclude domestic violence cases in the mandatory ADR-framework and the consequences thereof), and with special attention for the necessary the international and European rights, prohibitions and guidelines.

Keywords: Belgium, divorce, framework, mandatory ADR

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5380 Human Rights as Part of the Core Values System of International Organisations: A Comparative Study

Authors: Ayyoub Jamali, Jennie Edlund, Alena Kozlová

Abstract:

This paper evaluates the monitoring, prevention, and enforcing mechanisms of the core values of international organisations (IOs) in a comparative human rights perspective. The IOs in focus are the European Union, the Council of Europe, the African Union, and the Organization of American States. The paper will take the founding treaties of these IOs and their relevant protocols as a starting point to identify the values and the mechanisms used for their implementation. It will explore the scope of violations, the procedures in place and evaluate what type of response to those breaches seems to work best in terms of achieving its declared objectives. The study will identify and compare the weaknesses and strengths of each mechanism used by the IOs and recognize common challenges and means, thereby drawing inter-organizational comparisons. Consequently, the findings of this paper can be used among the IOs to improve their system and thus enhance their effectiveness.

Keywords: international organizations, core values, human rights, enforcement mechanism, compliance

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5379 Public Policy and Morality Principles as Grounds for Refusal of Trademarks: A Comparative Study of Islamic Shari’a and Common Law

Authors: Nawaf Alyaseen

Abstract:

This paper provides a comparative analysis of the Islamic and Western public policy and morality principles governing trademarks. The aim of this paper is to explore public policy and morality principles that affect trademark registration and protection under Shari'a by using Kuwaiti law as a case study. The findings provide a better understanding of trademark recognition from the perspective of Shari'a and the requirements demanded by Islamic Shari'a, especially of those who deal with strict Shari'a jurisdiction countries. In addition, this understanding is required for corporations or legislators that wish to take into consideration Muslim consumers. The conclusion suggests that trademarks in Western and Islamic systems are controlled by a number of public policy and morality rules that have a direct effect on the registration and protection of trademarks. Regardless of the fact that there are many commonalities between the two systems, there are still fundamental differences.

Keywords: trademark, public policy and morality, Islamic sharia, western legal systems

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5378 The Significance of ‘Practice’ in Art Research: Indian and Western Perspective

Authors: Mukta Avachat-Shirke

Abstract:

The process of manifestation in art has been studied deeply by various Indian and Western philosophers through times. In the art of painting, ‘Practice’ is always considered as techniques or making and ‘Theory’ is related to intelligence or the ‘conceptual.' The question about the significance of ‘Practice’ in artistic research has been a topic of debate. The aim of this qualitative study is to find the relevance of practice and theory while creating artworks. This study analyzes the thoughts and philosophy of Abhinavgupta, Hegel, and Croce to find a new perspective for looking at practice and theory within artistic research. With the method of grounded theory, the study attempts to establish the importance of both in artistic research. It discusses the issues like stages of creating art, role of tacit knowledge and importance of the decision-making the ability of the artist. This comparative analysis of these three philosophers along with the present systems can be used as a point of reference for further developments in the pedagogy of art research and artists, to understand the psychology and to follow the process of creativity effectively.

Keywords: artistic research, Indian philosophy, practice, Western Philosophy

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5377 The Islamic Perspective in International Relations

Authors: Hakam Junus, Natassha Chrysanti

Abstract:

The international relations theory currently is dominated by the western theoretical perspectives. Although the western theories are often used by many scholars as the universal perspective to explain the phenomena that occur in the world, sometimes the existing theories are failed to explain various issues that occur in the non-western world, for example, in the studies concerning on terrorism issues. Using inappropriate theories to explain the international issues such as terrorism will cause a failure in the decision-making process. The lack of understanding regarding Islamic perspective could be one of the factors that make international society unable to eradicate violent terrorism in the name of religion. Thus, this paper is argued that considering Islamic perspective as one of the major studies in international relations is significant to build a bridge between the Islamic world and the western world. It is believed that enhancing the study of Islamic perspective will create better understanding of the Islamic world and will enrich the study of international relations. This paper is conducted through a qualitative approach, in which data is obtained from the literature analysis. Considering Islamic perspective is important because Islam is listed as one of the major religions in the world. It is also due to the geopolitical spread of the Muslim in the world and the likelihood of the Islamic perspective to shape and influence Muslim’s behavior in the international level. The study of Islamic perspective in the international level is neither to contempt nor to oppose the existing western theories; rather it is needed in order to broaden the perspective in the international relations studies. The Islamic perspective is different compared to the non-western school of thought such as realism, and liberalism in some respects. The Islamic perspective cannot be explained through the lens of rationalist approaches. Compares to the post-positivism international relations perspectives, Islamic perspective is probably closer to the constructivist school of thought. However, the Islamic perspective offers some uniqueness that is not limited to the socially constructed ideas as in the constructivist arguments. This paper will be developed according to the discussion of three aspects that make Islamic perspective different with the existing international relations theories. The first aspect is the main actors in the international level. The second aspect is regarding on what appears to be the most important point for the actors in the international relations. The third aspect is regarding the pattern of relationship between the actors in the international level. In addition, this paper will briefly discuss the perspective of Islam in economics compare to the existing theories in the realm of international political economy.

Keywords: international relations, Islam, non-western theories, societies

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5376 Rawson vs. Kerlogue: Two Views on Southeast Asian Art History

Authors: Rin Li Si Samantha

Abstract:

The arts and cultures of Southeast Asia, particularly ancient or precolonial Southeast Asia, are commonly understood via two distinct theories: Indianisation and localisation. Indianisation takes Southeast Asia as a region to be cultural satellites or even colonies of a great Indian civilisation; Philip Rawson, in his 1967 book The Art of Southeast Asia, is to a large degree a proponent of this perspective. Localisation, a theory which has gained much traction in contemporaneous discourse, chooses instead to privilege local continuities and agencies in selectively accepting and adapting foreign influences to give form to new, syncretised traditions. The art historian Fiona Kerlogue’ similarly-named Arts of Southeast Asia, published in 2004, takes this perspective as its bedrock. This essay compares the many opposing ideological commitments of Rawson and Kerlogue: Indianisation versus localisation, evaluation versus explanation, and antiquity versus entirety. In the end, it reconciles the two as hallmarks of their time periods and is complementary in the pursuit of a holistic study of the art history of Southeast Asia.

Keywords: art history, Southeast Asia, Indianisation, localisation, precolonial, orientalism, comparative analysis, text

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5375 Reference Management Software: Comparative Analysis of RefWorks and Zotero

Authors: Sujit K. Basak

Abstract:

This paper presents a comparison of reference management software between RefWorks and Zotero. The results were drawn by comparing two software and the novelty of this paper is the comparative analysis of software and it has shown that ReftWorks can import more information from the Google Scholar for the researchers. This finding could help to know researchers to use the reference management software.

Keywords: analysis, comparative analysis, reference management software, researchers

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5374 The Co-Existence of Multidominance and Movement in the Syntax of Chinese Bi-Comparatives

Authors: Yaqing Hu

Abstract:

This paper puts forward a syntactic analysis involving multidominance and rightward movement in Chinese bi-comparatives, as in 'Yuehan bi Mali gao (John is taller than Mary).' It is argued here that the predicate of comparison is a shared constituent in two small clauses, namely one for the target and one for the standard; and then it moves rightward to form a degree phrase with the comparative morpheme. This proposal comes from four aspects. First, the example above can also be expressed in this way, 'A: Yuehan he Mali, shui gao? (John and Mary, who is taller?) B: Yuehan gao./Yuehan geng gao. (John is taller).' This shows that the gradable adjective is predicated of the target. In addition, according to a constraint on Chinese bi-comparatives, namely the target and the standard must be arguments of the predicate simultaneously, it is not unreasonable to assume that the gradable adjective may also be predicated of the standard. Second, subcomparatives are totally disallowed in Chinese, as in '*zhe-zhang zhuozi bi zhe-zhang yizi kuan chang. (This table is longer than this chair is wide.)' In order to save it from ungrammaticality, the target and the standard should be compared along the same dimension denoted by the gradable adjective. It may follow that in Chinese comparatives, having equal roles in the same eventuality, the target and the standard bear the same thematic relationship with the predicate of comparison. Third, verb-copy can appear in Chinese bi-comparatives, as in 'Yuehan qi ma bi Mali qi ma qi de kuai. (John rides horses faster than Mary does.)' The predicate qi seems to form a small clause with both the target and the standard. This might be supporting evidence that both the target and the standard share the predicate of comparison. Fourth, Chinese comparatives do have comparative morphemes, as in 'Yuehan bi Mali geng gao. (John is taller than Mary)', which is semantically equivalent to the first example above. Thus, it follows that one feature of Chinese comparative morphemes is that they can remain overt or covert in the syntax, which will not affect semantics. This further shows that comparative morphemes in bi-comparatives may not be able to saturate the degree argument denoted by the predicate of comparison due to its optionality in the structure. These four aspects present a challenge to the Direct Analysis used in Chinese comparatives since this approach would presume that the target and the standard somehow show independency with the predicate in the syntax. Meanwhile, this study also rejects the previous analysis of multidomiance in bi-comparatives in which the degree phrase comprised of the comparative morpheme and the gradable adjective may be shared by the standard when the comparative morpheme is covert. This syntactic analysis proposed in this study will therefore offer a different perspective of how to treat degree phrase in Chinese comparatives and may offer evidence to argue whether there is degree phrase movement in bi-comparatives as in its English counterparts.

Keywords: Chinese comparatives, degree phrase, movement, multidominance, syntactic analysis

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5373 A Comparative Analysis of Zotero and Mendeley Reference Management Software

Authors: Sujit K. Basak

Abstract:

This paper presents a comparison of the reference management software between Zotero and Mendeley and the results were drawn by comparing the two software’s. The novelty of this paper is the comparative analysis of the software and it has shown that Mendeley can import more information from the Google Scholar for the researchers. This finding can help to know researchers to use the reference management software.

Keywords: analysis, comparative analysis, zotero, researchers, Mendeley

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5372 Critical Reflection in Teaching and Learning Mathematics towards Perspective Transformation: Practices in Public and Private Schools

Authors: Arturo Tobias Calizon Jr.

Abstract:

The study investigated the practices in critical reflection being employed in teaching and learning mathematics in public and private schools for students to achieve perspective transformation in psychological, convictional and behavioral dimensions. There were 1,969 senior high school and college student-respondents selected at random from 33 schools. Process reflection is most commonly practiced in both public and private schools. Convictional dimension of perspective transformation is most frequently achieved. There is no significant difference in practices of process reflection between senior high school and college students. However, there is a significant difference in perspective transformation in behavioral dimension achieved by students from public and private schools. Also, there are significant differences in psychological, convictional and behavioral dimensions of perspective transformation achieved by senior high school and college students. There is a high and significant relationship between critical reflection practices and perspective transformation of students. The researcher concludes that there are teaching strategies that facilitate critical thinking, and there are learning activities that alter perspective of students about mathematics as an abstract field. The researcher further concludes that consistent use of appropriate teaching and learning activities could bring about perspective transformation in students with success.

Keywords: critical reflection, perspective transformation, process reflection, convictional dimension, teaching and learning mathematics

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5371 A Grounded Theory on Marist Spirituality/Charism from the Perspective of the Lay Marists in the Philippines

Authors: Nino M. Pizarro

Abstract:

To the author’s knowledge, despite the written documents about Marist spirituality/charism, nothing has been done concerning a clear theoretical framework that highlights Marist spirituality/charism from the perspective or lived experience of the lay Marists of St. Marcellin Champagnat. The participants of the study are the lay Marist - educators who are from Marist Schools in the Philippines. Since the study would like to find out the respondents’ own concepts and meanings about Marist spirituality/charism, qualitative methodology is considered the approach to be used in the study. In particular, the study will use the qualitative methods of Barney Glaser. The theory will be generated systematically from data collection, coding and analyzing through memoing, theoretical sampling, sorting and writing and using the constant comparative method. The data collection method that will be employed in this grounded theory research is the in-depth interview that is semi-structured and participant driven. Data collection will be done through snowball sampling that is purposive. The study is considering to come up with a theoretical framework that will help the lay Marists to deepen their understanding of the Marist spirituality/charism and their vocation as lay partners of the Marist Brothers of the Schools.

Keywords: grounded theory, Lay Marists, lived experience, Marist spirituality/charism

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5370 Sub-Municipal Government as a Tool for Decentralization

Authors: Mirko Klaric

Abstract:

In different countries, sub-municipal units have different organizational and political positions. In some countries, the role of sub-municipal units is important; in others, it is marginal. That depends on the organization of the local government system in different countries, and the political role of local self-government units, their size, public authorities, and the possibility for managing various local public tasks. This paper attempts to analyze the sub-municipal government as an organizational form of local governance participation of citizens in the local community with a comparative perspective. Secondly, it presents elements that generally format sub-municipal government as a tool for strengthening of democratization processes in local government units. Those elements are crucial for the understanding of the dynamic in relation to local government vs. sub-municipal government. Special focus is put on the sub-municipal government in South-Eastern European countries, which have a common history and institutional framework, with this main question: how can sub-municipal government contribute to strengthening democratic processes in these countries. In centralized countries, the sub-municipal government usually has a reduced role, which relates to managing public tasks connected with local community needs. The purpose of this comparative research methodology is used for analyzing the present organization and role of sub-municipal government in local government systems in Croatia and other significant countries in Europe, with a special focus on the states in South-Eastern Europe and Croatia. Comparative analyses attempt to show that local government systems with bigger local government units have more significant sub-municipal government. On the other hand, local government systems with small local government units don’t have a strong sub-municipal government. Finally, this paper aims to present ideas on how the sub-municipal government can improve decentralization and contribute to better development of the local community and the whole of society.

Keywords: public administration, local government, sub-municipal government, decentralization

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5369 The Language Use of Middle Eastern Freedom Activists' Speeches: A Gender Perspective

Authors: Sulistyaningtyas

Abstract:

Examining the role of Middle Eastern freedom activists’ speech based on gender perspective is considered noteworthy because the society in the Middle East is patriarchal. This research aims to examine the language use of the Middle Eastern freedom activists’ speeches through gender perspective. The data sources are from male and female Middle Eastern freedom activists’ speech videos. In analyzing the data, the theories employed are about Language Style from Gender Perspective and The Language for Speech. The result reveals that there are sets of spoken language differences between male and female speakers. In using the language for speech, both male and female speakers produce metaphor, euphemism, the ‘rule of three’, parallelism, and pronouns in random frequency of production, which cannot be separated by genders. Moreover, it cannot be concluded that one gender is more potential than the other to influence the audience in delivering speech. There are other factors, particularly non-verbal factors, existing to give impacts on how a speech can influence the audience.

Keywords: gender perspective, language use, Middle Eastern freedom activists, speech

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5368 Regional Advantages Analysis: An Interactive Approach of Comparative and Competitive Advantages

Authors: Abdolrasoul Ghasemi, Ali Arabmazar Yazdi, Yasaman Boroumand, Aliasghar Banouei

Abstract:

In regional studies, choosing an appropriate approach to analyze regional success or failure has always been a challenge. Hence, this study introduces an innovative approach to establish a link between regional success and failure in the past as well as the potential success of a region in the future. The former can be sought in the historical evaluation of comparative advantages, while the latter is portrayed as competitive advantage analysis with a forward-looking approach. Based on the interaction of comparative and competitive advantages, activities are classified into four groups, including activities with no advantage, hidden advantage, fragile advantage and synergistic advantage. In analyzing the comparative advantage of activities, the location quotient method is applied, and in analyzing their competitive advantage, Porter`s diamond model using the survey method is applied. According to the results, the share of no advantage, fragile advantage, hidden advantage and synergic advantage activities are respectively 10%, 42%, 16%, and 32%. Also, to achieve economic development in regional activities, our model provides various levels of priority. First, the activities with synergistic advantage should be prioritized, then the ones with hidden advantage, and finally the activities with fragile advantage.

Keywords: regional advantage, comparative advantage, competitive advantage, Porter's diamond model

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5367 Reconsidering the Legitimacy of Capital Punishment in the Interpretation of the Human Right to Life in the Two Traditional Approaches

Authors: Yujie Zhang

Abstract:

There are debates around the legitimacy of capital punishment, i.e., whether death could serve as a proper execution in our legal system or not. Different arguments have been raised. However, none of them seem able to provide a determined answer to the issue; this results in a lack of instruction in the legal practice. This article, therefore, devotes itself to the effort to find such an answer. It takes the perspective of rights, through interpreting the concept of right to life, which capital punishment appears to be in confliction with in the two traditional approaches, to reveal a possibly best account of the right and its conclusion on capital punishment. However, this effort is not a normative one which focuses on what ought to be. It means the article does not try to work out which argument we should choose and solve the hot debate on whether capital punishment should be allowed or not. It, again, does not propose which perspective we should take to approach this issue or generally which account of right must be better; rather, it is more a thought experiment. It attempts to raise a new perspective to approach the issue of the legitimacy of capital punishment. Both its perspective and conclusion therefore are tentative: what if we view this issue in a way we have never tried before, for example the different accounts of right to life? In this sense, the perspective could be defied, while the conclusion could be rejected. Other perspectives and conclusions are also possible. Notwithstanding, this tentative perspective and account of the right still could not be denied from serving as a potential approach, since it does have the ability to provide us with a determined attitude toward capital punishment that is hard to achieve through existing arguments.

Keywords: capital punishment, right to life, theories of rights, the choice theory

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