Search results for: contract issues about BIM
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 5207

Search results for: contract issues about BIM

5087 Blockchain Solutions for IoT Challenges: Overview

Authors: Amir Ali Fatoorchi

Abstract:

Regardless of the advantage of LoT devices, they have limitations like storage, compute, and security problems. In recent years, a lot of Blockchain-based research in IoT published and presented. In this paper, we present the Security issues of LoT. IoT has three levels of security issues: Low-level, Intermediate-level, and High-level. We survey and compare blockchain-based solutions for high-level security issues and show how the underlying technology of bitcoin and Ethereum could solve IoT problems.

Keywords: Blockchain, security, data security, IoT

Procedia PDF Downloads 177
5086 Minding the Gap: Consumer Contracts in the Age of Online Information Flow

Authors: Samuel I. Becher, Tal Z. Zarsky

Abstract:

The digital world becomes part of our DNA now. The way e-commerce, human behavior, and law interact and affect one another is rapidly and significantly changing. Among others things, the internet equips consumers with a variety of platforms to share information in a volume we could not imagine before. As part of this development, online information flows allow consumers to learn about businesses and their contracts in an efficient and quick manner. Consumers can become informed by the impressions that other, experienced consumers share and spread. In other words, consumers may familiarize themselves with the contents of contracts through the experiences that other consumers had. Online and offline, the relationship between consumers and businesses are most frequently governed by consumer standard form contracts. For decades, such contracts are assumed to be one-sided and biased against consumers. Consumer Law seeks to alleviate this bias and empower consumers. Legislatures, consumer organizations, scholars, and judges are constantly looking for clever ways to protect consumers from unscrupulous firms and unfair behaviors. While consumers-businesses relationships are theoretically administered by standardized contracts, firms do not always follow these contracts in practice. At times, there is a significant disparity between what the written contract stipulates and what consumers experience de facto. That is, there is a crucial gap (“the Gap”) between how firms draft their contracts on the one hand, and how firms actually treat consumers on the other. Interestingly, the Gap is frequently manifested by deviation from the written contract in favor of consumers. In other words, firms often exercise lenient approach in spite of the stringent written contracts they draft. This essay examines whether, counter-intuitively, policy makers should add firms’ leniency to the growing list of firms suspicious behaviors. At first glance, firms should be allowed, if not encouraged, to exercise leniency. Many legal regimes are looking for ways to cope with unfair contract terms in consumer contracts. Naturally, therefore, consumer law should enable, if not encourage, firms’ lenient practices. Firms’ willingness to deviate from their strict contracts in order to benefit consumers seems like a sensible approach. Apparently, such behavior should not be second guessed. However, at times online tools, firm’s behaviors and human psychology result in a toxic mix. Beneficial and helpful online information should be treated with due respect as it may occasionally have surprising and harmful qualities. In this essay, we illustrate that technological changes turn the Gap into a key component in consumers' understanding, or misunderstanding, of consumer contracts. In short, a Gap may distort consumers’ perception and undermine rational decision-making. Consequently, this essay explores whether, counter-intuitively, consumer law should sanction firms that create a Gap and use it. It examines when firms’ leniency should be considered as manipulative or exercised in bad faith. It then investigates whether firms should be allowed to enforce the written contract even if the firms deliberately and consistently deviated from it.

Keywords: consumer contracts, consumer protection, information flow, law and economics, law and technology, paper deal v firms' behavior

Procedia PDF Downloads 164
5085 Industrial Investment and Contract Models in Subway Projects: Case Study

Authors: Seyed Habib A. Rahmati, Parsa Fallah Sheikhlari, Morteza Musakhani

Abstract:

This paper studies the structure of financial investment and efficiency on the subway would be created between Hashtgerd and Qazvin in Iran. Regarding ascending rate of transportation between Tehran and Qazvin which directly air pollution, it clearly implies to public transportation requirement between these two cities near Tehran. The railway transportation like subway can help each country to terminate traffic jam which has some advantages such as speed, security, non-pollution, low cost of public transport, etc. This type of transportation needs national infrastructures which require enormous investment. It couldn’t implement without leading and managing funds and investments properly. In order to response 'needs', clear norms or normative targets have to be agreed and obviously it is important to distinguish costs from investment requirements critically. Implementation phase affects investment requirements and financing needs. So recognizing barrier related to investment and the quality of investment (what technologies and services are invested in) is as important as the amounts of investment. Different investment methods have mentioned as follows loan, leasing, equity participation, Line of financing, finance, usance, bay back. Alternatives survey before initiation and analyzing of risk management is one of the most important parts in this project. Observation of similar project cities each country has the own specification to choose investment method.

Keywords: subway project, project investment, project contract, project management

Procedia PDF Downloads 452
5084 Combating Domestic Violence in Malaysia: Issues and Challenges

Authors: Aspalella A. Rahman

Abstract:

Domestic violence is not an uncommon phenomenon throughout the world. Malaysia is no exception. However, the exact prevalence of domestic violence in Malaysia is difficult to capture due to cultural understanding and sensitivity of the issues existing in the society. This paper aims to examine the issues and problems with the law of domestic violence in Malaysia. As such, it will mainly rely on statutes as its primary sources of information. It will analyse the scope and provisions of the Penal Code as well as the Domestic Violence Act 1994. Any shortcomings and gaps in the laws will be highlighted. It is submitted that domestic violence remains a problem in Malaysia. Although many strategies and plans have been implemented in attempting to combat this social problem, it remains unresolved. This is due to the inefficient implementation of the law. Although much has been done, there is still more to be done by the Malaysian government to combat domestic violence more effectively. For this reason, significant cooperation between the law enforcement authorities, NGOs, and the community must be established.

Keywords: challenges, domestic violence, issues, Malaysia

Procedia PDF Downloads 272
5083 'Gender' and 'Gender Equalities': Conceptual Issues

Authors: Moustafa Ali

Abstract:

The aim of this paper is to discuss and question some of the widely accepted concepts within the conceptual framework of gender from terminological, scientific, and Muslim cultural perspectives, and to introduce a new definition and a model of gender in the Arab and Muslim societies. This paper, therefore, uses a generic methodology and document analysis and comes in three sections and a conclusion. The first section discusses some of the terminological issues in the conceptual framework of gender. The second section highlights scientific issues, introduces a definition and a model of gender, whereas the third section offers Muslim cultural perspectives on some issues related to gender in the Muslim world. The paper, then, concludes with findings and recommendations reached so far.

Keywords: gender definition, gender equalities, sex-gender separability, fairness-based model of gender

Procedia PDF Downloads 102
5082 Effect of Combining Return Policy and Early Order Commitment on Supply Chain Performance

Authors: Hamed Homaei, Seyed Reza Hejazi, Iraj Mahdavi

Abstract:

Return policy (RP) is a strategy for supply chain coordination, whereby the retailer returns the unsold products to the manufacturer or the manufacturer offers a credit on unsold products to the retailer at the end of selling season. Early order commitment (EOC) is another efficient mechanism for channel coordination wherein the retailer commits to purchasing from the manufacturer a fixed order quantity a few periods in advance of the regular delivery lead time. This paper studies the coordination issue of a two-level supply chain with one retailer and one manufacturer through combining two mentioned contracts. The main purpose of this paper is to present an analytical model to show that how the contract which is created by combining RP and EOC can improve supply chain performance. Numerical analyses show that the supply chain coordination through mentioned contract in compare with EOC mechanism, can improve supply chain performance under certain ranges of model parameters. Furthermore, some numerical analyses are done to determine the best buyback price in order to achieve maximum cost saving in the supply chain. Finally, a revenue sharing scheme is presented in order to achieve a win-win condition in the supply chain.

Keywords: supply chain coordination, early order commitment, return policy, revenue sharing

Procedia PDF Downloads 259
5081 Offshore Outsourcing: Global Data Privacy Controls and International Compliance Issues

Authors: Michelle J. Miller

Abstract:

In recent year, there has been a rise of two emerging issues that impact the global employment and business market that the legal community must review closer: offshore outsourcing and data privacy. These two issues intersect because employment opportunities are shifting due to offshore outsourcing and some States, like the United States, anti-outsourcing legislation has been passed or presented to retain jobs within the country. In addition, the legal requirements to retain the privacy of data as a global employer extends to employees and third party service provides, including services outsourced to offshore locations. For this reason, this paper will review the intersection of these two issues with a specific focus on data privacy.

Keywords: outsourcing, data privacy, international compliance, multinational corporations

Procedia PDF Downloads 381
5080 Technical and Legal Definitions in Cyber Terrorism

Authors: Pardis Moslemzadeh Tehrani, Nazura Abdul Manap, Hamed Ladoni Damghani, Rohimi Bin Shapiee

Abstract:

In recent years the speed of new technology has brought forth so many new issues. Cyberspace is among the new technologies that need novel ways to address the various issues that have arisen. While cyberspace is a technical notion that defies a single definition, this new technology requires the adoption and application of new laws. In order to manage issues arising from the existence of cyberspace, proper policies and definitions must be formulated which satisfy both technical and legal aspects. One difficulty in this regard is due to the unique features of cyberspace architecture. This article proposes to define cyberspace and cyber terrorism. This will allow for a more effective and comprehensive addressing of legal issues as they can then be handled better by introducing a new factor to the otherwise ordinary analysis in whichever field is implicated such as the nature and place of use.

Keywords: cyberspace, cyber terrorism, technical definition, legal definition

Procedia PDF Downloads 553
5079 Investigating Dynamic Transition Process of Issues Using Unstructured Text Analysis

Authors: Myungsu Lim, William Xiu Shun Wong, Yoonjin Hyun, Chen Liu, Seongi Choi, Dasom Kim, Namgyu Kim

Abstract:

The amount of real-time data generated through various mass media has been increasing rapidly. In this study, we had performed topic analysis by using the unstructured text data that is distributed through news article. As one of the most prevalent applications of topic analysis, the issue tracking technique investigates the changes of the social issues that identified through topic analysis. Currently, traditional issue tracking is conducted by identifying the main topics of documents that cover an entire period at the same time and analyzing the occurrence of each topic by the period of occurrence. However, this traditional issue tracking approach has limitation that it cannot discover dynamic mutation process of complex social issues. The purpose of this study is to overcome the limitations of the existing issue tracking method. We first derived core issues of each period, and then discover the dynamic mutation process of various issues. In this study, we further analyze the mutation process from the perspective of the issues categories, in order to figure out the pattern of issue flow, including the frequency and reliability of the pattern. In other words, this study allows us to understand the components of the complex issues by tracking the dynamic history of issues. This methodology can facilitate a clearer understanding of complex social phenomena by providing mutation history and related category information of the phenomena.

Keywords: Data Mining, Issue Tracking, Text Mining, topic Analysis, topic Detection, Trend Detection

Procedia PDF Downloads 376
5078 The Real Consignee: An Exploratory Study of the True Party who is Entitled to Receive Cargo under Bill of Lading

Authors: Mojtaba Eshraghi Arani

Abstract:

According to the international conventions for the carriage of goods by sea, the consignee is the person who is entitled to take delivery of the cargo from the carrier. Such a person is usually named in the relevant box of the bill of lading unless the latter is issued “To Order” or “To Bearer”. However, there are some cases in which the apparent consignee, as above, was not intended to take delivery of cargo, like the L/C issuing bank or the freight forwarder who are named as consignee only for the purpose of security or acceleration of transit process. In such cases as well as the BL which is issued “To Order”, the so-called “real consignee” can be found out in the “Notify Party” box. The dispute revolves around the choice between apparent consignee and real consignee for being entitled not only to take delivery of the cargo but also to sue the carrier for any damages or loss. While it is a generally accepted rule that only the apparent consignee shall be vested with such rights, some courts like France’s Cour de Cassation have declared that the “Notify Party”, as the real consignee, was entitled to sue the carrier and in some cases, the same court went far beyond and permitted the real consignee to take suit even where he was not mentioned on the BL as a “Notify Party”. The main argument behind such reasoning is that the real consignee is the person who suffered the loss and thus had a legitimate interest in bringing action; of course, the real consignee must prove that he incurred a loss. It is undeniable that the above-mentioned approach is contrary to the position of the international conventions on the express definition of consignee. However, international practice has permitted the use of BL in a different way to meet the business requirements of banks, freight forwarders, etc. Thus, the issue is one of striking a balance between the international conventions on the one hand and existing practices on the other hand. While the latest convention applicable for sea transportation, i.e., the Rotterdam Rules, dealt with the comparable issue of “shipper” and “documentary shipper”, it failed to cope with the matter being discussed. So a new study is required to propose the best solution for amending the current conventions for carriage of goods by sea. A qualitative method with the concept of interpretation of data collection has been used in this article. The source of the data is the analysis of domestic and international regulations and cases. It is argued in this manuscript that the judge is not allowed to recognize any one as real consignee, other than the person who is mentioned in the “Consingee” box unless the BL is issued “To Order” or “To Bearer”. Moreover, the contract of carriage is independent of the sale contract and thus, the consignee must be determined solely based on the facts of the BL itself, like “Notify Party” and not any other contract or document.

Keywords: real consignee, cargo, delivery, to order, notify the party

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5077 Identify the Traffic Safety Needs among Risky Groups in Iraq

Authors: Aodai Abdul-Illah Ismail

Abstract:

Even though the dramatic progress that has been made in traffic safety, but still millions of peoples get killed or injured as a result of traffic crashes, besides the huge amount of economic losses due to these crashes. So traffic safety continues to be one of the most important serious issues worldwide, and it affects everyone who uses the road network system, whether you drive, walk, cycle, or push a pram. One of the most important sides that offers promise for further progress in relation to traffic safety is related to risky groups (special population groups) who may have higher potential to be involved in accidents. Traffic safety needs of risky groups are different from each other and also from the average population. Due to the various limitations between these special groups from each other and from the average population, it is not possible to address all the issues –at the same time- raising the importance ranking among the other safety issues. This paper explains a procedure used to identify the most critical traffic safety issues of five risky groups, which include younger, older and female drivers, people with disabilities and school aged children. Multi criteria used in selecting the critical issues because the single criteria is not sufficient. Highway safety professionals were surveyed to obtain the ranking of importance among the risky groups and then to develop the final ranking among issues by applying weight for each of the criteria.

Keywords: traffic safety, risky groups, old drivers, young drivers

Procedia PDF Downloads 323
5076 Functions of Public Policy in Private International Law

Authors: Fedorova Elena

Abstract:

In this article, we draw a distinction between two important functions of public policy in private international law. The first function is widely recognized and relates to the prevention of application of foreign laws and enforcement of foreign court judgments whenever their effects are incompatible with the domestic legal system of the forum. This effectively protects sovereign rights of the forum state as it allows to resist against the undesirable effects of foreign law-making and law-enforcement policies. The second function is less obvious, but not less important. As the internal private legal relationships, international private relationships are usually governed by rules of public policy, to which the parties can not derogate by mutual agreement. Thefore, for international private law relations public policy has a different function than previously mentioned: in this case, the public policy acts as a defense against unacceptable effects of the party autonomy. Thus, this second function of public policy consists in the limitation of the party autonomy wich effects would be unacceptable for the local legal system. In the frame of this second function the author will analyse two types of public policy which can limit the party autonomy: « substantial » public policy (which regulates the substance of international legal relationship) and « conflictual » public policy (which regulates the party autonomy to choose the law applicable for the substance of relationship). The author provides an analysis of these functions of the public policy in the field of international contract law because of the important role of the principle of party autonomy for international contract relations.

Keywords: public policy, general theory of private international law, substantial public policy, conflictual public policy

Procedia PDF Downloads 546
5075 Issues in Translating Hadith Terminologies into English: A Critical Approach

Authors: Mohammed Riyas Pp

Abstract:

This study aimed at investigating major issues in translating the Arabic Hadith terminologies into English, focusing on choosing the most appropriate translation for each, reviewing major Hadith works in English. This study is confined to twenty terminologies with regard to classification of Hadith based on authority, strength, number of transmitters and connections in Isnad. Almost all available translations are collected and analyzed to find the most proper translation based on linguistic and translational values. To the researcher, many translations lack precise understanding of either Hadith terminologies or English language and varieties of methodologies have influence on varieties of translations. This study provides a classification of translational and conceptual issues. Translational issues are related to translatability of these terminologies and their equivalence. Conceptual issues provide a list of misunderstandings due to wrong translations of terminologies. This study ends with a suggestion for unification in translating terminologies based on convention of Muslim scholars having good understanding of Hadith terminologies and English language.

Keywords: english language, hadith terminologies, equivalence in translation, problems in translation

Procedia PDF Downloads 157
5074 Ballast Water Management Triad: Administration, Ship Owner and the Seafarer

Authors: Rajoo Balaji, Omar Yaakob

Abstract:

The Ballast Water Convention requires less than 5% of the world tonnage for ratification. Consequently, ships will have to comply with the requirements. Compliance evaluation and enforcement will become mandatory. Ship owners have to invest in treatment systems and shipboard personnel have to operate them and ensure compliance. The monitoring and enforcement will be the responsibilities of the Administrations. Herein, a review of the current status of the Ballast Water Management and the issues faced by these are projected. Issues range from efficacy and economics of the treatment systems to sampling and testing. Health issues of chemical systems, paucity of data for decision support etc., are other issues. It is emphasized that management of ballast water must be extended to ashore and sustainable solutions must be researched upon. An exemplar treatment system based on ship’s waste heat is also suggested.

Keywords: Ballast Water Management, compliance evaluation, compliance enforcement, sustainability

Procedia PDF Downloads 410
5073 The Search for an Alternative to Tabarru` in Takaful Models

Authors: Abu Umar Faruq Ahmad, Muhammad Ayub

Abstract:

Tabarru` (unilateral gratuitous contribution) is thought to be the basic concept that distinguishes Takaful from conventional non-Sharīʿah compliant insurance. The Sharīʿah compliance of its current practice has been questioned in the premise that, a) it is a form of commutative contract; b) it is akin to the commercial corporate structure of insurance companies due to following the same marketing strategies, allocation to reserves, sharing of underwriting surplus by the companies one way or the other, providing loans to the Takaful funds, and resultantly absorbing the underwriting losses. The Sharīʿah scholars are of the view that the relationship between participants in Takaful should be in the form of commitment to donate, under which a contributor makes commitments himself to donate a sum of money for mutual help and cooperation on the condition that the balance, if any, should be returned to him. With the aim of finding solutions to the above mentioned concerns and other Sharīʿah related issues the study seeks to investigate whether the Takaful companies are functioning in accordance with the Islamic principles of brotherhood, solidarity, and cooperative risk sharing. Given that it discusses the cooperative model of Takaful to address the current and future Sharīʿah related and legal concerns. The study proposed an alternative model and considers it to best serve the objectives of Takaful which operates on the basis of ta`awun or mutual co-operation.

Keywords: hibah, musharakah ta`awuniyyah, Tabarru`, Takaful

Procedia PDF Downloads 414
5072 Design for Error-Proofing Assembly: A Systematic Approach to Prevent Assembly Issues since Early Design Stages, an Industrial Case Study

Authors: Gabriela Estrada, Joaquim Lloveras

Abstract:

Design for error-proofing assembly is a new DFX approach to prevent assembly issues since early design stages. Assembly issues that can happen during the life phases of a system such as: production, installation, operation, and replacement phases. This prevention is possible by designing the product with poka-yoke or error-proofing characteristics. This approach guide designers to make decisions based on poka-yoke assembly design requirements. As a result of applying these requirements designers are able to create solutions to prevent assembly issues for the product in development stage. This paper integrates the needs to design products in an error proofing way into the systematic approach of design process by Pahl and Beitz. A case study is presented applying this approach.

Keywords: poka-yoke, error-proofing, assembly issues, design process, life phases of a system

Procedia PDF Downloads 344
5071 Design for Error-Proofing Assembly: A Systematic Approach to Prevent Assembly Issues since Early Design Stages. An Industry Case Study

Authors: Gabriela Estrada, Joaquim Lloveras

Abstract:

Design for error-proofing assembly is a new DFX approach to prevent assembly issues since early design stages. Assembly issues that can happen during the life phases of a system such as: production, installation, operation and replacement phases. This prevention is possible by designing the product with poka-yoke or error-proofing characteristics. This approach guide designers to make decisions based on poka-yoke assembly design requirements. As a result of applying these requirements designers are able to create solutions to prevent assembly issues for the product in development stage. This paper integrates the needs to design products in an error proofing way into the systematic approach of design process by Pahl and Beitz. A case study is presented applying this approach.

Keywords: poka-yoke, error-proofing, assembly issues, design process, life phases of a system

Procedia PDF Downloads 292
5070 Towards Security in Virtualization of SDN

Authors: Wanqing You, Kai Qian, Xi He, Ying Qian

Abstract:

In this paper, the potential security issues brought by the virtualization of a Software Defined Networks (SDN) would be analyzed. The virtualization of SDN is achieved by FlowVisor (FV). With FV, a physical network is divided into multiple isolated logical networks while the underlying resources are still shared by different slices (isolated logical networks). However, along with the benefits brought by network virtualization, it also presents some issues regarding security. By examining security issues existing in an OpenFlow network, which uses FlowVisor to slice it into multiple virtual networks, we hope we can get some significant results and also can get further discussions among the security of SDN virtualization.

Keywords: SDN, network, virtualization, security

Procedia PDF Downloads 392
5069 'It’s a Very, Very New Old South Africa…': Exploring Some Race, Corruption and Protest Issues in Zakes Mda’s 'Our Lady of Benoni'

Authors: Bongani Clearance Thela

Abstract:

It seems that theatre remains a practical method for mobilising people and their ideologies; and South African literature has strengthened over the years as a result of the events which took place during both the Apartheid and Post-Apartheid eras. Hence, the problem noted in this study is that, generally, many people seem to believe that the issues which were a concern during Apartheid times in South Africa no longer exist in Post-Apartheid South Africa, whereas, it is seems that they still do. Post-Apartheid playwrights such as Zakes Mda among others, explore these issues in their works. There are common themes between the two periods, for this reason, distinction can only be drawn in terms of the context. Therefore, this study explores solutions offered by the themes of protest, corruption and race in Zakes Mda’s Our Lady of Benoni. The study uses real events and Mda’s play to reveal that there is a reinvention of Apartheid times’ issues into Post-Apartheid times’ issues. Moreover, the theme of race is explored with reference to class issues. Also, the study aims at highlighting some distinctions between the Apartheid period and Post-Apartheid period as shown by the playwright, Zakes Mda’s fictitious version as seen in some of his characters in the play. Theatre in general has always protested, it is either against an issue or for an issue; therefore, this paper will also explore the various ways in which the theme of protest is undertaken in the study of theatre. Respectively, the paper looks in the literal protest found in Mda’s Our Lady of Benoni in order to provide critical understanding with regard to the notion undertaken in this study. The paper goes on to provide an alternative discussion of the theme of protest; it critically evaluates issues such as corruption and race in terms of class that the playwright, Mda addresses in his play. In conclusion, this paper will use other relevant examples other than Mda’s drama, Our Lady of Benoni, in order to prove that there is a reinvention of Apartheid issues in Post-Apartheid issues in South Africa.

Keywords: protest, corruption, race, class

Procedia PDF Downloads 299
5068 Issues in Travel Demand Forecasting

Authors: Huey-Kuo Chen

Abstract:

Travel demand forecasting including four travel choices, i.e., trip generation, trip distribution, modal split and traffic assignment constructs the core of transportation planning. In its current application, travel demand forecasting has associated with three important issues, i.e., interface inconsistencies among four travel choices, inefficiency of commonly used solution algorithms, and undesirable multiple path solutions. In this paper, each of the three issues is extensively elaborated. An ideal unified framework for the combined model consisting of the four travel choices and variable demand functions is also suggested. Then, a few remarks are provided in the end of the paper.

Keywords: travel choices, B algorithm, entropy maximization, dynamic traffic assignment

Procedia PDF Downloads 420
5067 The Role of Anti-corruption Clauses in the Fight Against Corruption in Petroleum Sector

Authors: Azar Mahmoudi

Abstract:

Despite the rise of global anti-corruption movements and the strong emergence of international and national anti-corruption laws, corrupt practices are still prevalent in most places, and countries still struggle to translate these laws into practice. On the other hand, in most countries, political and economic elites oppose anti-corruption reforms. In such a situation, the role of external actors, like the other States, international organizations, and transnational actors, becomes essential. Among them, Transnational Corporations [TNCs] can develop their own regime-like framework to govern their internal activities, and through this, they can contribute to the regimes established by State actors to solve transnational issues. Among various regimes, TNCs may choose to comply with the transnational anti-corruption legal regime to avoid the cost of non-compliance with anti-corruption laws. As a result, they decide to strenghen their anti-corruption compliance as they expand into new overseas markets. Such a decision extends anti-corruption standards among their employees and third-party agents and within their projects across countries. To better address the challenges posed by corruption, TNCs have adopted a comprehensive anti-corruption toolkit. Among the various instruments, anti-corruption clauses have become one of the most anti-corruption means in international commercial agreements. Anti-corruption clauses, acting as a due diligence tool, can protect TNCs against the engagement of third-party agents in corrupt practices and further promote anti-corruption standards among businesses operating across countries. An anti-corruption clause allows parties to create a contractual commitment to exclude corrupt practices during the term of their agreement, including all levels of negotiation and implementation. Such a clause offers companies a mechanism to reduce the risk of potential corruption in their dealings with third parties while avoiding civil and administrative penalties. There have been few attempts to examine the role of anti-corruption clauses in the fight against corruption; therefore, this paper aims to fill this gap and examine anti-corruption clauses in a specific sector where corrupt practices are widespread and endemic, i.e., the petroleum industry. This paper argues that anti-corruption clauses are a positive step in ensuring that the petroleum industry operates in an ethical and transparent manner, helping to reducing the risk of corruption and promote integrity in this sector. Contractual anti-corruption clauses vary in terms of the types commitment, so parties have a wide range of options to choose from for their preferred clauses incorporated within their contracts. This paper intends to propose a categorization of anti-corruption clauses in the petroleum sector. It examines particularly the anti-corruption clauses incorporated in transnational hydrocarbon contracts published by the Resource Contract Portal, an online repository of extractive contracts. Then, this paper offers a quantitative assessment of anti-corruption clauses according to the types of contract, the date of conclusion, and the geographical distribution.

Keywords: anti-corruption, oil and gas, transnational corporations, due diligence, contractual clauses, hydrocarbon, petroleum sector

Procedia PDF Downloads 93
5066 Re-Examining Contracts in Managing and Exploiting Strategic National Resources: A Case in Divestation Process in the Share Distribution of Mining Corporation in West Nusa Tenggara, Indonesia

Authors: Hayyan ul Haq, Zainal Asikin

Abstract:

This work aims to explore the appropriate solution in solving legal problems stemmed from managing and exploiting strategic natural resources in Indonesia. This discussion will be focused on the exploitation of gold mining, i.e. divestation process in the New Mont Corporation, West Nusa Tenggara. These legal problems relate to the deviation of the national budget regulation, UU. No. 19/2012, and the implementation of the divestastion process, which infringes PP. No. 50/2007 concerning the Impelementation Procedure of Regional Cooperation, which is an implementation regulation of UU No. 1/2004 on State’s Treasury. The cooperation model, have been developed by the Provincial Government, failed to create a permanent legal solution through normative approach. It has merely used practical approach that tends (instant solution), by using some loopholes in the divestation process. The above blunders have accumulated by other secondary legal blunders, i.e. good governance principles, particularly justice, transparency, efficiency, effective principles and competitiveness principle. To solve the above problems, this work offers constitutionalisation of contract that aimed at reviewing and coherencing all deviated contracts, rules and policies that have deprived the national and societies’ interest to optimize the strategic natural resources towards the greatest benefit for the greatest number of people..

Keywords: constitutionalisation of contract, strategic national resources, divestation, the greatest benefit for the greatest number of people, Indonesian Pancasila values

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5065 Open Educational Resources (OER): Deciding upon Openness

Authors: Eunice H. Li

Abstract:

This e-poster explores some of the issues that are linked to Open Educational Resources (OER). It describes how OER is explained by experts in the field and relates its value in attaining and using knowledge. ‘Open', 'open pedagogy', self-direction, freedom, and autonomy are the main issues identified for the discussion. All of these issues make essential contributions to OER in one way or another. Nevertheless, there are seemingly areas of contentions with regard to applying these concepts in teaching and learning practices. For this e-Poster, it is the teaching-learning aspects of OER that it is primarily concerned with. The basis for the discussion comes from a 2013 critique of OER presented by Jeremy Knox of the University of Edinburgh, tutor of the MSc in Digital Education Programme. This discussion is also supported by the analysis of other research work and papers in this area. The general view on OER is that it is a useful tool for the advancement of learner-centred models of education, but in whatever context, pedagogy cannot be diminished and overlooked. It should take into consideration how to deal with the issues identified above in order to allow learners to gain full benefit from OER.

Keywords: open, pedagogy, e-learning technologies, autonomy, knowledge

Procedia PDF Downloads 359
5064 A Study of Intellectual Property Issues in the Indian Sports Industry

Authors: Ashaawari Datta Chaudhuri

Abstract:

India is a country that worships sports, especially cricket and football. This paper investigates the different intellectual property law issues that arise for sports. The paper will be a study of the legal precedents and landmark judgements in India for sports law. Some of the issues, such as brand abuse, misbranding, and infringement of IP, are very common and will be studied through case-based analysis. As a developing country, India is coping with new issues for theft of IP in different sectors. It has sportspersons of various kinds representing the country in many international events. This invites various problems in terms of recognition, credit, brand promotions, sponsorships, endorsements, and merchandising. Intellectual property is vital in many such endeavors for both brands and sportspersons. One of the major values associated with sport is ethics. Fairness, equality, and basic concern for credit are crucial in this industry. This paper will focus mostly on issues pertaining to design, trademarks, and copyrights. The contribution of this paper would be to study different problems and identify the gaps that require legislative intervention and policymaking. This is important to help boost businesses and brands associated with this industry to help occupy spaces in the market.

Keywords: copyright, design, intellectual property, Indian landscape for sports law, patents, trademark, licensing, infringement

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5063 Students’ Notions About Bioethical Issues - A Comparative Study in Indian Subcontinent

Authors: Astha Saxena

Abstract:

The present study is based in Indian subcontinent and aims at exploring students’ conceptions about ethical issues related to Biotechnology at both high school and undergraduate level. The data collection methods involved taking classroom notes, recording students’ observations and arguments, and focussed group discussions with students. The data was analysed using classroom discourse analysis and interpretive approaches. The findings depicted different aspects of students’ thinking, meaning making and ethical understanding with respect to complex bioethical issues such as genetically modified crops, in-vitro fertilization (IVF), human genomic project, cloning, etc., at high school as well as undergraduate level. The paper offers a comparative account of students’ arguments with respect to ethical issues in biotechnology at the high school & undergraduate level, where it shows a clear gradation in their ethical understanding from high school to undergraduate level, which can be attributed to their enhanced subject-matter knowledge. The nature of students’ arguments reveal that there is more reliance on the utilitarian aspect of these biotechnologies as against a holistic understanding about a particular bioethical issue. This study has implications for science teachers to delve into students’ thinking and notions about ethical issues in biotechnology and accordingly design appropriate pedagogical approaches.

Keywords: ethical issues, biotechnology, ethical understanding, argument, ethical reasoning, pedagogy

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5062 Portable Cardiac Monitoring System Based on Real-Time Microcontroller and Multiple Communication Interfaces

Authors: Ionel Zagan, Vasile Gheorghita Gaitan, Adrian Brezulianu

Abstract:

This paper presents the contributions in designing a mobile system named Tele-ECG implemented for remote monitoring of cardiac patients. For a better flexibility of this application, the authors chose to implement a local memory and multiple communication interfaces. The project described in this presentation is based on the ARM Cortex M0+ microcontroller and the ADAS1000 dedicated chip necessary for the collection and transmission of Electrocardiogram signals (ECG) from the patient to the microcontroller, without altering the performances and the stability of the system. The novelty brought by this paper is the implementation of a remote monitoring system for cardiac patients, having a real-time behavior and multiple interfaces. The microcontroller is responsible for processing digital signals corresponding to ECG and also for the implementation of communication interface with the main server, using GSM/Bluetooth SIMCOM SIM800C module. This paper translates all the characteristics of the Tele-ECG project representing a feasible implementation in the biomedical field. Acknowledgment: This paper was supported by the project 'Development and integration of a mobile tele-electrocardiograph in the GreenCARDIO© system for patients monitoring and diagnosis - m-GreenCARDIO', Contract no. BG58/30.09.2016, PNCDI III, Bridge Grant 2016, using the infrastructure from the project 'Integrated Center for research, development and innovation in Advanced Materials, Nanotechnologies, and Distributed Systems for fabrication and control', Contract No. 671/09.04.2015, Sectoral Operational Program for Increase of the Economic Competitiveness co-funded from the European Regional Development Fund.

Keywords: Tele-ECG, real-time cardiac monitoring, electrocardiogram, microcontroller

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5061 Applicable Law to Intellectual and Industrial Property Agreements According to Turkish Private International Law and Rome I Regulation

Authors: Sema Cortoglu Koca

Abstract:

Intellectual and industrial property rules, have a substantial effect on the sustainable development. Intellectual and industrial property rights, as temporary privileges over the products of intellectual activity, determine the supervision of information and technology. The level and scope of intellectual property protection thus influence the flow of technology between developed and developing countries. In addition, intellectual and industrial property rights are based on the notion of balance. Since they are time-limited rights, they reconcile private and public benefits. That is, intellectual and industrial property rights respond to both private interests and public interests by rewarding innovators and by promoting the dissemination of ideas, respectively. Intellectual and industrial property rights can, therefore, be a tool for sustainable development. If countries can balance their private and public interests according to their particular context and circumstances, they can ensure the intellectual and industrial property which promotes innovation and technology transfer relevant for them. People, enterprises and countries who need technology, can transfer developed technology which is acquired by people, enterprises and countries so as to decrease their technological necessity and improve their technology. Because of the significance of intellectual and industrial property rights on the technology transfer law as mentioned above, this paper is confined to intellectual and industrial property agreements especially technology transfer contracts. These are license contract, know-how contract, franchise agreement, joint venture agreement, management agreement, research and development agreement. In Turkey, technology transfer law is still a developing subject. For developing countries, technology transfer regulations are very important for their private international law because these countries do not know which technology transfer law is applicable when conflicts arise. In most technology transfer contracts having international elements, the parties choose a law to govern their contracts. Where the parties do not choose a law, either expressly or impliedly, and matters which is not excluded in party autonomy, the court has to determine the applicable law to contracts in a matter of capacity, material, the formal and essential validity of contracts. For determining the proper law of technology transfer contracts, it is tried to build a rule for applying all technology transfer contracts. This paper is confined to the applicable law to intellectual and industrial property agreements according to ‘5718 Turkish Act on Private International Law and Civil Procedure’ and ‘Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)’. Like these complex contracts, to find a rule can be really difficult. We can arrange technology transfer contracts in groups, and we can determine the rule and connecting factors to these groups. For the contracts which are not included in these groups, we can determine a special rule considering the characteristics of the contract.

Keywords: intellectual and industrial property agreements, Rome I regulation, technology transfer, Turkish act on private international law and civil procedure

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5060 Transit Network Design Problem Issues and Challenges

Authors: Mahmoud Owais

Abstract:

Public Transit (P.T) is very important means to reduce traffic congestion, to improve urban environmental conditions and consequently affects people social lives. Planning, designing and management of P.T are the key issues for offering a competitive mode that can compete with the private transportation. These transportation planning, designing and management issues are addressed in the Transit Network Design Problem (TNDP). It deals with a complete hierarchy of decision making process. It includes strategic, tactical and operational decisions. The main body of TNDP is two stages, namely; route design stage and frequency setting. The TNDP is extensively studied in the last five decades; however the research gate is still widely open due to its many practical and modeling challenges. In this paper, a comprehensive background is given to illustrate the issues and challenges related to the TNDP to help in directing the incoming researches towards the untouched areas of the problem.

Keywords: frequency setting, network design, transit planning, urban planning

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5059 Issues and Challenges in Social Work Field Education: The Field Coordinator's Perspective

Authors: Tracy B.E. Omorogiuwa

Abstract:

Understanding the role of social work in improving societal well-being cannot be separated from the place of field education, which is an integral aspect of social work education. Field learning provides students with knowledge and opportunities to experience solving issues in the field and giving them a clue of the practice situation. Despite being a crucial component in social work curriculum, field education occupies a large space in learning outcome, given the issues and challenges pertaining to its purpose and significance in the society. The drive of this paper is to provide insight on the specific ways in which field education has been conceived, realized and valued in the society. Emphasis is on the significance of field instruction; the link with classroom learning; and the structure of field experience in social work education. Given documented analysis and experience, this study intends to contribute to the development of social work curriculum, by analyzing the pattern, issues and challenges fronting the social work field education in the University of Benin, Nigeria.

Keywords: challenges, curriculum, field education, social work education

Procedia PDF Downloads 265
5058 Teacher Education and Curriculum Innovation in Nigeria: Issues and Perspectives

Authors: Kenneth Uzochukwu Ezugwu

Abstract:

The quest for adequate teacher education is a serious task for the educational system in Nigeria because teachers are the major translators of education programmes in the classroom. The production of well trained teachers will enhance quality of the products of the school system. It is in this respect that the national policy on education posited that no educational system can rise above the quality of teachers. It is in the light of the above that this paper discusses and brought to the fore certain issues as the re-introduction of teacher training colleges, competitive entry requirement into teacher education and continuous on-the-job training as areas of needed innovation.

Keywords: curriculum innovation, issues, perspectives, teacher education

Procedia PDF Downloads 571