Search results for: duty of states

Authors: Yustina Trihoni Nalesti Dewi

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Gross violations of human rights consisting of crime against humanity, genocide and war crime, are serious international crimes. Prohibition such crimes have obtain to the level of international norms of jus cogens based on conventions and customary international law. Therefore, the duty of the state to punish the crimes is obligatory. The legal consequence of jus cogens is obligation erga omnes which are a matter of state responsibility. When a state is not willing or neglects to do so in its national law, it results in state responsibility to be imposed by international human rights and humanitarian law. This article reviews the concept of jus cogens and obligatio erga omnes that appear as two sides of the same coin. It also explains how international human rights and humanitarian law set down the duty of the state to punish gross violations of human rights.

Keywords: duty of states, gross violations of human rights, jus cogens, obligatio erga omnes

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Authors: M. Sajjadnejad, H. Omidvar, M. Javanbakht, A. Mozafari

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Pure nickel coatings have been successfully electrodeposited on copper substrates by the pulse plating technique. The influence of current density, duty cycle and pulse frequency on the surface morphology, crystal orientation, and microhardness was determined. It was found that the crystallite size of the deposit increases with increasing current density and duty cycle. The crystal orientation progressively changed from a random texture at 1 A/dm2 to (200) texture at 10 A/dm2. Increasing pulse frequency resulted in increased texture coefficient and peak intensity of (111) reflection. An increase in duty cycle resulted in considerable increase in texture coefficient and peak intensity of (311) reflection. Coatings obtained at high current densities and duty cycles present a mixed morphology of small and large grains. Maximum microhardness of 193 Hv was achieved at 4 A/dm2, 10 Hz and duty cycle of 50%. Nickel coatings with (200) texture are ductile while (111) texture improves the microhardness of the coatings.

Keywords: current density, duty cycle, microstructure, nickel, pulse frequency

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Authors: Brian Smith

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This paper seeks to contrast the contemporary anti-immigration rhetoric since the US pullout of Afghanistan with the debate about enemy aliens in the early modern period. In the seventeenth century, Sir Edward Coke declared that “infidels” should be seen as perpetui inimici (perpetual enemies) since their values were inimical to those of Christian states. As such, they could be perpetually excluded and denied legal standing. Even at that time, these anti-“infidel” arguments clashed with the natural law tradition of hospitality, which assumed that states had a moral responsibility to admit and care for strangers. In particular, this paper looks at the conflict between Hugo Grotius, Samuel Pufendorf, and John Locke. Grotius argues that states have a duty to admit foreigners. He goes out of his way to plan for the admittance of Jewish immigrants. In contrast, Pufendorf claimed that sovereigns had a duty exclude foreigners who would alter the constitutional character of the state. Much like Grotius, Locke argued that non-Christian peoples should be treated as friends and admitted without reservation.

Keywords: enemy aliens, perpetual enemies, hospitality, refugees

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Authors: Qusai Alshahwan

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The arbitrator’s duties of independence and impartiality play a significant role in delivering arbitral awards which legitimate the fundamental of arbitration concepts. For this reason, the international and national arbitration rules require arbitrators to be independent and impartial to solve the arbitration disputes fairly between the parties. However, solving the disputes fairly also requires arbitrators to disclose any existing conflicts of interest with the parties to avoid misunderstanding and late challenges. In contrary with the international and national arbitration rules, the English Arbitration Act 1996 does not include independence as a separate ground for arbitrator’s removal, and importantly the English Arbitration Act 1996 is deliberately silent to the arbitrator duty of disclosure. The absence of arbitrator duty of disclosure is an issue had generated uncertainty and concerns for the arbitration community under the English jurisdiction, particularly when the English courts rejected the IBA guidelines of arbitrator conflict of interest such as in case of Halliburton v Chubb for example. This article is highlighting on the legal consequences of the absence of arbitrator duty of disclosure under the English Arbitration Act 1996 and the arbitrator's contractual obligations.

Keywords: arbitration, impartiality, independence, duty of disclosure, English Arbitration Act 1996

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Authors: Arash Esmaeili, Zhibang Liu, Yang Xiang, Jimmy Yun, Lei Shao

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A high-pressure carbon dioxide (CO₂) absorption from a specific off-gas in a conventional column has been evaluated for the environmental concerns by the Aspen HYSYS simulator using a wide range of single absorbents and piperazine (PZ) blended solutions to estimate the outlet CO₂ concentration, CO₂ loading, reboiler power supply, and regeneration heat duty to choose the most efficient solution in terms of CO₂ removal and required heat duty. The property package, which is compatible with all applied solutions for the simulation in this study, estimates the properties based on the electrolyte non-random two-liquid (E-NRTL) model for electrolyte thermodynamics and Peng-Robinson equation of state for vapor phase and liquid hydrocarbon phase properties. The results of the simulation indicate that piperazine, in addition to the mixture of piperazine and monoethanolamine (MEA), demands the highest regeneration heat duty compared with other studied single and blended amine solutions, respectively. The blended amine solutions with the lowest PZ concentrations (5wt% and 10wt%) were considered and compared to reduce the cost of the process, among which the blended solution of 10wt%PZ+35wt%MDEA (methyldiethanolamine) was found as the most appropriate solution in terms of CO₂ content in the outlet gas, rich-CO₂ loading, and regeneration heat duty.

Keywords: absorption, amine solutions, aspen HYSYS, CO₂ loading, piperazine, regeneration heat duty

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Authors: Liang Zhao, Jili Zhang, Kai Li

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A microcontroller-based fan coil unit (FCU) fuzzy controller is designed and implemented in this paper. The controller employs the concept of duty ratio on the electric valve control, which could make full use of the cooling and dehumidifying capacity of the FCU when the valve is off. The traditional control method and its limitations are analyzed. The hardware and software design processes are introduced in detail. The experimental results show that the proposed method is more energy efficient compared to the traditional controlling strategy. Furthermore, a more comfortable room condition could be achieved by the proposed method. The proposed low-cost FCU fuzzy controller deserves to be widely used in engineering applications.

Keywords: fan coil unit, duty ratio, fuzzy controller, experiment

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Authors: Usmaan Siddiqui

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In England and Wales, there is no duty to rescue strangers. We will be investigating whether this is correct, and whether we should introduce a Good Samaritan law. In order to explore this, firstly, we will be exploring the nature of our moral duties. How far do our moral duties extend? Do they extend only to our family and friends, or do they also extend to strangers? Secondly, even if there does exist a moral duty, should this duty be enforced by criminal law? To what extent should the criminal law reflect morality? Under English criminal law, the consensus is, that it is not the job of the English criminal law to perfect human behaviour, and whilst the law should prevent us from causing harm, it should not force us to be good. This approach is radically different from many other European countries that actually do have a Good Samaritan law. If there are compelling in principle reasons to introduce a Good Samaritan law how would we deal with the pragmatic institutional constraints? Such a law has been stated as being unworkable in practice and difficult in defining its limits. In order to verify this, we shall carry out a comparative analysis between England and selected states in the US to gauge how successful the Good Samaritan law has been in dealing with these institutional constraints. In terms of methodology, as well as a comparative analysis, we shall also be carrying out a doctrinal analysis exploring what the English criminal law’s position is regarding Omissions. In conclusion, the findings so far are, whilst it is not the job of the law to perfect human behaviour, both respect for the law and the level of social co-operation will be greatly improved if the law encourages morally desirable conduct. Whilst it is possible for society to exist without a duty to assist the distressed, a society which ignores the vulnerable is cold, callous, and uncaring. After all, we all need to face up to the possibility that we may be one day be vulnerable and in need of urgent aid, and it is about time English criminal law, catches up with the majority of Europe and protects the vulnerable.

Keywords: criminal, law, omissions, philosophy

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Authors: Robert Prohaska, Arnaud Konan, Kenneth Kelly, Adam Ragatz, Adam Duran

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In an effort to evaluate the in-use performance of electrified Power Take-off (PTO) usage on bucket utility trucks operating under real-world conditions, data from 20 medium- and heavy-duty vehicles operating in California, USA were collected, compiled, and analyzed by the National Renewable Energy Laboratory's (NREL) Fleet Test and Evaluation team. In this paper, duty-cycle statistical analyses of class 5, medium-duty quick response trucks and class 8, heavy-duty material handler trucks are performed to examine and characterize vehicle dynamics trends and relationships based on collected in-use field data. With more than 100,000 kilometers of driving data collected over 880+ operating days, researchers have developed a robust methodology for identifying PTO operation from in-field vehicle data. Researchers apply this unique methodology to evaluate the performance and utilization of the conventional and electric PTO systems. Researchers also created custom representative drive-cycles for each vehicle configuration and performed modeling and simulation activities to evaluate the potential fuel and emissions savings for hybridization of the tractive driveline on these vehicles. The results of these analyses statistically and objectively define the vehicle dynamic and kinematic requirements for each vehicle configuration as well as show the potential for further system optimization through driveline hybridization. Results are presented in both graphical and tabular formats illustrating a number of key relationships between parameters observed within the data set that relates specifically to medium- and heavy-duty utility vehicles operating under real-world conditions.

Keywords: drive cycle, heavy-duty (HD), hybrid, medium-duty (MD), PTO, utility

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Authors: Gassem Alfaleh

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In Strict liability, a person can be held liable for any harm resulting from certain actions or activities without any mistake. The liability is strict because a person can be liable when he or she commits any harm with or without his intention. The duty owed is the duty to avoid causing the plaintiff any harm. However, “strict liability is imposed at the International level by two types of treaties, namely those limited to giving internal effect to treaty provisions and those that impose responsibilities on states. The basic principle of strict liability is that there is a liability on the operator or the state (when the act concerned is attributable to the state) for damage inflicted without there being a need to prove unlawful behavior”. In international human rights law, strict liability can exist when a defendant is in legal jeopardy by virtue of an internationally wrongful act, without any accompanying intent or mental state. When the defendant engages in an abnormally dangerous activity against the environment, he will be held liable for any harm it causes, even if he was not at fault. The paper will focus on these activities under international human rights law. First, the paper will define important terms in the first section of the paper. Second, it will focus on state and non-state actors in terms of strict liability. Then, the paper will cover three major areas in which states should be liable for hazardous activities: (1) nuclear energy, (2) maritime pollution, (3) Space Law, and (4) other hazardous activities which damage the environment.

Keywords: human rights, law, legal, absolute

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Authors: Yan Jia Jun

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This paper analyzes procedural compliance and the handling of duty fulfillment applications in administrative lawsuits in China and Singapore. By examining cases such as Nanning Jiangnan District Market Supervision Bureau v. Yan Jiajun, Zhuzhou Tianyuan District Market Supervision Bureau v. Yan Wengao from China, and Tan Seet Eng v. Housing and Development Board (HDB) from Singapore, the study explores how procedural fairness affects litigation outcomes and governance. The paper concludes that both countries face challenges in procedural compliance, but also highlights unique approaches and lessons that can be drawn from each jurisdiction to improve governance, transparency, and legal compliance in administrative processes.

Keywords: administrative law, duty fulfillment, procedural justice, judicial review, administrative governance, government transparency, China-Singapore comparison

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Authors: Natasha Lalla

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The impact of free trade on growth has been highly debated and studies have generated varying results. Since the 1970s the Caribbean has engaged in asymmetrical trade with some European states characterized by the Lomé Conventions (1975-1999). These agreements allowed for Caribbean products such as sugar and banana to enter some European countries duty-free and above market prices. With the onset of the World Trade Organization by the mid-1990s, the EU’s banana trade regime was considered illegitimate. Lomé was replaced by the Cotonou agreement (2000-2007), in order to phase out preferences and ensure that the Caribbean trade arrangements were consistent with the international economic environment of trade liberalization. This agreement facilitated signing of the Economic Partnership Agreement in 2008 by both trade blocs whereby Caribbean states must implement freer trade by 2033. The current study is an exploration of how the Organization of the Eastern Caribbean States, the smallest, economically and ecologically vulnerable states of the Caribbean have restructured their trade policies towards the end of preferences and what has been the economic developmental impact of this. This is done by analyzing key reports to understand how these states restructured policies towards freer trade. Secondly, to determine the impact of this, data collected for specific economic indicators were analyzed in a fixed effects panel data framework for the period 1979-2016 on six states of the Organization of the Eastern Caribbean States. The study, therefore, found that freer trade has resulted in negative growth in these states.

Keywords: free trade, growth, OECS, small island developing states

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Authors: Piyangkun Kukutapan, Siridech Boonsang

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The article proposes maximum power point tracking without mechanical sensor using Multilayer Perceptron Neural Network (MLPNN). The aim of article is to reduce the cost and complexity but still retain efficiency. The experimental is that duty cycle is generated maximum power, if it has suitable qualification. The measured data from DC generator, voltage (V), current (I), power (P), turnover rate of power (dP), and turnover rate of voltage (dV) are used as input for MLPNN model. The output of this model is duty cycle for driving the converter. The experiment implemented using Arduino Uno board. This diagram is compared to MPPT using MLPNN and P&O control (Perturbation and Observation control). The experimental results show that the proposed MLPNN based approach is more efficiency than P&O algorithm for this application.

Keywords: maximum power point tracking, multilayer perceptron netural network, optimal duty cycle, DC generator

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Authors: M. Sajjadnejad, H. Karimi Abadeh

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In this research, zinc coatings were fabricated by electroplating process in a sulfate solution under direct and pulse current conditions. In direct and pulse current conditions, effect of maximum current was investigated on the coating properties. Also a comparison was made between the obtained coatings under direct and pulse current. Morphology of the coatings was investigated by scanning electron microscopy (SEM). Corrosion behavior of the coatings was investigated by potentiodynamic polarization test. In pulse current conditions, the effect of pulse frequency and duty cycle was also studied. The effect of these conditions and parameters were also investigated on morphology and corrosion behavior. All of DC plated coatings are showing a distinct passivation area in -1 to -0.4 V range. Pulsed current coatings possessed a higher corrosion resistance. The results showed that current density is the most important factor regarding the fabrication process. Furthermore, a rise in duty cycle deteriorated corrosion resistance of coatings. Pulsed plated coatings performed almost 10 times better than DC plated coatings.

Keywords: corrosion, duty cycle, pulsed current, zinc

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Authors: Victor Bodell, Lukas Ekstrom, Somayeh Aghanavesi

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Fuel consumption (FC) is one of the key factors in determining expenses of operating a heavy-duty vehicle. A customer may therefore request an estimate of the FC of a desired vehicle. The modular design of heavy-duty vehicles allows their construction by specifying the building blocks, such as gear box, engine and chassis type. If the combination of building blocks is unprecedented, it is unfeasible to measure the FC, since this would first r equire the construction of the vehicle. This paper proposes a machine learning approach to predict FC. This study uses around 40,000 vehicles specific and o perational e nvironmental c onditions i nformation, such as road slopes and driver profiles. A ll v ehicles h ave d iesel engines and a mileage of more than 20,000 km. The data is used to investigate the accuracy of machine learning algorithms Linear regression (LR), K-nearest neighbor (KNN) and Artificial n eural n etworks (ANN) in predicting fuel consumption for heavy-duty vehicles. Performance of the algorithms is evaluated by reporting the prediction error on both simulated data and operational measurements. The performance of the algorithms is compared using nested cross-validation and statistical hypothesis testing. The statistical evaluation procedure finds that ANNs have the lowest prediction error compared to LR and KNN in estimating fuel consumption on both simulated and operational data. The models have a mean relative prediction error of 0.3% on simulated data, and 4.2% on operational data.

Keywords: artificial neural networks, fuel consumption, friedman test, machine learning, statistical hypothesis testing

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Authors: Makara Rith, Young Kyu Kim, Seung Woo Lee

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In heavy duty areas, asphalt pavement constructed as entrance roadway may expose distresses such as cracking and rutting during service life. To mitigate these problems, composite pavement with a roller-compacted concrete base may be a good alternative; however, it should be initially investigated. Structural performances such as fatigue cracking and rut depth may be changed due to variation of some design factors. Therefore, this study focuses on the variation effect of material modulus, layer thickness and loading on composite pavement performances. Stress and strain at the critical location are determined and used as the input of transfer function for corresponding distresses to evaluate the pavement performance. Also, composite pavement satisfying the design criteria may be selected as a design section for heavy duty areas. Consequently, this investigation indicates that composite pavement has the ability to eliminate fatigue cracking in asphalt surfaces and significantly reduce rut depth. In addition, a thick or strong rigid base can significantly reduce rut depth and prolong fatigue life of this layer.

Keywords: composite pavement, ports, cracking, rutting

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Authors: Mesfin Getu Woldetensay

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Representatives and commercially viable natural gas liquids (NGLs) recovery processes were studied under various feed conditions that are classified as lean and rich. The conventional turbo- expander process scheme (ISS) was taken as a base case. The performance of this scheme was compared against with the gas sub-cooled process (GSP), cold residue-gas (CRR) and recycle split-vapor (RSV), enhanced NGL recovery process (IPSI-1) and enhanced NGL recovery process with internal refrigeration (IPSI-2). The development made for the GSP, CRR and RSV are at the top section of the demethanizer column whereas the IPSI-1 and IPSI-2 improvement focus in the lower section. HYSYS process flowsheet was initially developed for all the processes including the ISS under a common criteria that could help to demonstrate the performance comparison. Accordingly, a number of simulation runs were made for the selected eight types of feed. Results show that the reboiler duty requirement using rich feeds for GSP, CRR and RSV is quite high compared to IPSI-1 and IPSI-2. The latter shows relatively lower duty due to the presence of self-refrigeration system that allows the inlet feed to be used for achieving cooling without the need to use propane refrigerant. The energy consumption for lean feed is much lower than that of the rich feed in all process schemes.

Keywords: composition, lean, rich, duty

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Authors: Abdallah Sofiane Berrouk, Dara Satyadileep

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This paper investigates the feasibility of retrofitting a middle-east based commercial amine sweetening unit with a split-flow scheme which involves withdrawing a portion of partially stripped semi-lean solvent from the stripping column and re-injecting it in the absorption column to reduce the overall energy consumption of the unit. This method is comprehensively explored by performing parametric analysis of the split fraction of the semi-lean solvent using a kinetics based process simulator ProMax V 3.2. Re-boiler duty, condenser duty, solvent cooling and pumping loads are analysed as functions of a split fraction of the semi-lean solvent from the stripper. It is shown that the proposed method significantly reduces the overall energy consumption of the unit resulting in an annual savings of 325,000 USD. The thorough economic analysis is performed using Aspen Economic Evaluation V 8.4 to reveal that the retrofit scheme pays back the capital cost in less than eight years and is highly recommended for any commercial plant having suitable provisions for solvent inlet/withdrawal on the columns.

Keywords: split flow, Amine, gas processing, optimization

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Authors: Omur F. Karakullukcu, Bilal Okudan, Yusuf Can

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The aim of this study is to analyze sports managers’ managerial competence levels and job satisfaction’s correlation with career satisfaction. In the study, it has also been analyzed if there is any significant difference in sports managers’ managerial competence, job and career satisfaction in terms of gender, age, duty status, year of service and level of education. 256 sports managers, who work at department of sports service’s central and field organization at least as a chief in the manager position, have been chosen with random sampling method and they have voluntarily participated in the study. In the study, the managerial competence scale which was developed by Cetinkaya (2009), job satisfaction scale developed by Weiss at al.(1967) and Career Satisfaction Scale developed by Vatansever (2008) have been used as a data collection tool. The questionnaire form used as a data collection tool in the study includes a personal information form consisting of 5 questions; questioning gender, age, duty status, years of service and level of education. In the study, pearson correlation analysis has been used for defining the correlation of managerial competence levels, job satisfaction, and career satisfaction levels of sports managers. T-test analysis for binary grouping and anova analysis for more than binary groups have been used in the level of self-efficacy, collective and managerial competence in terms of the participants’ duty status, year of service and level of education. According to the research results, it has been found that there is a positive correlation between sports managers’ managerial competence levels, job satisfaction, and career satisfaction levels. Also, the results show that there is a significant difference in managerial competence levels, job satisfaction and career satisfaction of sports managers in terms of duty status, year of service and level of education; however, the results reveal that there is no significant difference in terms of age groups and gender.

Keywords: sports manager, managerial competence, job satisfaction, career satisfaction

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Authors: Hyeon-Kyo Lim, Tong-Il Jang, Yong-Hee Lee

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Human error is one of the most dreaded factors that may result in unexpected accidents, especially in nuclear power plants. For accident prevention, it is quite indispensable to analyze and to manage the influence of any factor which may raise the possibility of human errors. Out of lots factors, stress has been reported to have a significant influence on human performance. Therefore, this research aimed to develop a work-related stress management program which can guarantee Fitness-for-Duty (FFD) of the workers in nuclear power plants, especially those working in main control rooms. Major stress factors were elicited through literal surveys and classified into major categories such as demands, supports, and relationships. To manage those factors, a test and intervention program based on 4-level approaches was developed over the whole employment cycle including selection and screening of workers, job allocation, and job rotation. In addition, a managerial care program was introduced with the concept of Employee-Assistance-Program (EAP) program. Reviews on the program conducted by ex-operators in nuclear power plants showed responses in the affirmative, and suggested additional treatment to guarantee high performance of human workers, not in normal operations but also in emergency situations.

Keywords: human error, work performance, work stress, Fitness-For-Duty (FFD), Employee Assistance Program (EAP)

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Authors: Nahla H. Alaswadko, Rayya A. Hassan, Bayar N. Mohammed

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Empirical deterministic models have been developed to predict roughness progression of heavy duty spray sealed pavements for a dataset representing rural arterial roads. The dataset provides a good representation of the relevant network and covers a wide range of operating and environmental conditions. A sample with a large size of historical time series data for many pavement sections has been collected and prepared for use in multilevel regression analysis. The modelling parameters include road roughness as performance parameter and traffic loading, time, initial pavement strength, reactivity level of subgrade soil, climate condition, and condition of drainage system as predictor parameters. The purpose of this paper is to report the approaches adopted for models development and validation. The study presents multilevel models that can account for the correlation among time series data of the same section and to capture the effect of unobserved variables. Study results show that the models fit the data very well. The contribution and significance of relevant influencing factors in predicting roughness progression are presented and explained. The paper concludes that the analysis approach used for developing the models confirmed their accuracy and reliability by well-fitting to the validation data.

Keywords: roughness progression, empirical model, pavement performance, heavy duty pavement

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Authors: Aspalella A. Rahman

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It is widely accepted that the investigation of money laundering and the tracing and confiscation of criminal proceeds have intruded into the principles of banking secrecy. The inroads into banking secrecy present serious threats to democracy, and more importantly, to the traditional banker-customer relationship. It is generally accepted that the fight against money laundering is in conflict with the secrecy rule. Banking secrecy is a customer privilege whereas combating crime is critical for public safety and security. Indeed, achieving a proper balance is a desirable goal. But how we go about achieving such a balance is a question encountered by many law enforcement authorities. Therefore, this paper examines the effect of disclosure under the Malaysian anti-money laundering laws on the traditional duty of banks to keep the customer’s information confidential. It also analyzes whether the Malaysian laws provide a right balance between a duty to keep customer’s information secret and a duty to disclose such information in the fight against money laundering. On closer inspection, it is submitted that the Malaysian laws provide sufficient safeguards to ensure that the disclosure of customer’s information is carried out in a manner that is not prejudicial to the interest of legitimate customers. This is a positive approach that could protect the innocent customers from being mistreated by the law. Ultimately, it can be said that the growing threat of global money laundering and terrorism makes the overriding of banking secrecy justified because without a flow of information from the banks, the effective prevention of the menace is not possible.

Keywords: anti-money laundering law, banker-customer relationship, banking secrecy, confidentiality, money laundering

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Authors: Hamid Vahidkia

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Purview has customarily been considered in worldwide law as simply an address of the rights and powers of states. Conceived in this way, the rules onward serve the imperative work of delimiting (whereas tolerating a few covers of) state administrative specialist – the address of when an individual or occasion may be subject to national direction – a work which is shared with the cognate teach of private worldwide law. This article proposes that the thought and the rules of locale in worldwide law require reconceptualization in light of three advancements. The primary is the developing acknowledgment that in an extend of circumstances, the work out of national locale may, beneath worldwide law, be an address of duty or commitment instead of right. The moment advancement is the expanded acknowledgment that such jurisdictional obligations may, in a few circumstances, be owed not as it were to other states but also to private parties, especially through the rise and fortifying of the teachings of refusal of equity and get to equity. The third improvement is the broadly perceived wonder known as party independence, beneath which private parties in the gracious debate have the control to bestow locale on national courts and to decide themselves which law administers their connections. In combination, these improvements propose the need to reexamine the concept of ward in worldwide law to reflect the more complex substances of a worldwide lawful arrangement beneath which states possess both jurisdictional rights and commitments and are not the elite on-screen characters.

Keywords: international law, jurisdiction, purview, preconceptions, commitment

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Authors: Adekemi Adebowale

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The duty of disclosure in Nigerian insurance law is in need of reform. The materiality of an undisclosed fact (notwithstanding that it was an honest and innocent non-disclosure) currently entitles insurers to avoid insurance policies, leaving an insured with an uncovered loss. While the test of materiality requires an insured to voluntarily disclose facts that will influence an insurer's decision without proper guidelines from the insurer, the insurer is only expected to prove that the undisclosed fact had influenced its judgment in fixing the premium or determining whether to accept the risk. This problem places an onerous duty on the assured to volunteer to the insurer every material fact even though the insured only has a slight idea about the mind of a hypothetical prudent insurer. This paper explores the modern approach to revisiting the problem of an insured’s pre-contractual obligation to determine material facts in Nigerian insurance law. The aim is to build upon the change in the structure of insurance contract obligations in other common law jurisdictions such as the United Kingdom. The doctrinal and comparative methodology captures the burden imposed on the insured under the existing Nigerian insurance law. It finds that the continued application of the law leaves the insured in the weakest position, and he stands to lose in a contract supposedly created for his benefit. It is apparent that if this problem remains unresolved, the over-all consequence will contribute to a significant decline in the insurance contract, which may affect the Nigerian economy. The paper aims to evaluate the risks of the continuous application of the traditional law, which does not keep with the pace of modern insurance practice. It will ultimately produce a legally compliant reform, along with a significant deviation from the archaic structure that exists in the Nigerian insurance law. This paper forms part of an on-going PhD research on "The insured’s pre-contractual duty of utmost of utmost good faith". The outcome from the research to date finds that the insured bears the burden of the obligation to act in utmost good faith where it concerns disclosure of material facts.

Keywords: disclosure, materiality, Nigeria, United Kingdom, utmost good faith

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Authors: Hyeon-Kyo Lim, Tong-Il Jang, Yong-Hee Lee

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For the past several decades, not a few researchers have warned that even a trivial human error may result in unexpected accidents, especially in Nuclear Power Plants. To prevent accidents in Nuclear Power Plants, it is quite indispensable to make any factors under the effective control that may raise the possibility of human errors for accident prevention. This study aimed to develop a risk management program, especially in the sense that guaranteeing Fitness-for-Duty (FFD) of human beings working in Nuclear Power Plants. Throughout a literal survey, it was found that work stress and fatigue are major psychophysical factors requiring sophisticated management. A set of major management factors related to work stress and fatigue was through repetitive literal surveys and classified into several categories. To maintain the fitness of human workers, a 4-level – individual worker, team, staff within plants, and external professional - approach was adopted for FFD management program. Moreover, the program was arranged to envelop the whole employment cycle from selection and screening of workers, job allocation, and job rotation. Also, a managerial care program was introduced for employee assistance based on the concept of Employee Assistance Program (EAP). The developed program was reviewed with repetition by ex-operators in nuclear power plants, and assessed in the affirmative. As a whole, responses implied additional treatment to guarantee high performance of human workers not only in normal operations but also in emergency situations. Consequently, the program is under administrative modification for practical application.

Keywords: fitness-for-duty (FFD), human error, work stress, fatigue, Employee-Assistance-Program (EAP)

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Authors: Yilmaz Bayhan, Emin Güzel, Ömer Barış Özlüoymak, Ahmet İnce, Abdullah Sessiz

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In this study, determining of reduced tillage techniques in green bean farming as a second crop after harvesting wheat was targeted. To this aim, four different soil tillage methods namely, heavy-duty disc harrow (HD), rotary tiller (ROT), heavy-duty disc harrow plus rotary tiller (HD+ROT) and no-tillage (NT) (seeding by direct drill) were examined. Experiments were arranged in a randomized block design with three replications. The highest green beans yields were obtained in HD+ROT and NT as 5,862.1 and 5,829.3 Mg/ha, respectively. The lowest green bean yield was found in HD as 3,076.7 Mg/ha. The highest fuel consumption was measured 30.60 L ha^-1 for HD+ROT whereas the lowest value was found 7.50 L ha^-1 for NT. No tillage method gave the best results for fuel consumption and effective power requirement. It is concluded that no-tillage method can be used in second crop green bean in the Thrace Region due to economic and erosion conditions.

Keywords: green bean, soil tillage, yield, vegetative

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Authors: Jeanne-Mari Retief

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As of November 2016, three African states have withdrawn from the International Criminal Court (ICC) and more are expected to follow. The alleged abuse of universal jurisdiction and targeting of African states by the ICC motivated the withdrawals. These historical exits raise many questions, especially in regard to the adequate investigation and prosecution of international crimes in a continent with a history of impunity. Even though African courts exist and one more is proposed, many issues remain i.e. adequate access to the courts, the extent of the courts’ jurisdiction, and proposed methods of effectively dealing with international crimes in Africa. This paper seeks to address the practical effects of the withdrawal from the ICC and the problems posed through utilizing regional courts. It will specifically look at the practical challenges existing courts face, the lack of access to the latter, issues concerning the proposed African Court for Justice and Human Rights, and the shocking promotion of impunity in Africa. These all have severe implications for African citizens and victims of the most heinous crimes. The mantra of African solutions to African problems places an important duty on states to ensure the actual provision of these solutions, which can only be achieved through a critical analysis of the questions above.

Keywords: ACJHR, Africa, impunity, justice, Malabo protocol

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Authors: Ilef Ketata, Mohamed Khalil Baazaoui, Robert Fromm, Ahmad Fakhfakh, Faouzi Derbel

Abstract:

The integration of wireless communication, e. g. in real-or quasi-real-time applications, is related to many challenges such as energy consumption, communication range, latency, quality of service, and reliability. To minimize the latency without increasing energy consumption, wake-up receiver (WuRx) nodes have been introduced in recent works. Low-noise amplifiers (LNAs) are introduced to improve the WuRx sensitivity but increase the supply current severely. Different WuRx approaches exist with always-on, power-gated, or duty-cycled receiver designs. This paper presents a comparative study for improving communication range and decreasing the energy consumption of wireless sensor nodes.

Keywords: wireless sensor network, wake-up receiver, duty-cycled, low-noise amplifier, envelope detector, range study

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Authors: Amir Aziz, Martin Tuner, Sebastian Verhelst, Oivind Andersson

Abstract:

Partially Premixed Combustion (PPC) is a combustion concept which aims to simultaneously achieve high efficiency and low engine-out emissions. Extending the ignition delay to promote the premixing, has been recognized as one of the key factor to achieve PPC. Fuels with high octane number have been proven to be a good candidates to extend the ignition delay. In this work, E85 (85% ethanol) has been used as a PPC fuel. The aim of this work was to investigate a suitable injection strategy for PPC combustion fueled with E85 in a single-cylinder heavy-duty engine. Single and double injection strategy were applied with different injection timing and the ratio between different injection pulses was varied. The performance and emission were investigated at low load. The results show that the double injection strategy should be preferred for PPC fueled with E85 due to low emissions and high efficiency, while keeping the pressure raise rate at very low levels.

Keywords: E85, partially premixed combustion, injection strategy, performance and emission

Procedia PDF Downloads 178

Authors: Vephkhvia Grigalashvili

Abstract:

The defense of Georgia is every citizen’s duty. The present article reviews the principles and standards of gender policy in the Georgian national defense sector. In addition, it looks at mechanisms for ensuring gender equality, going through the relevant Georgian legislation. Furthermore, this work aims to conduct a comparative analysis of defense models of Georgia, Finland, and the Baltic States in order to identify core institutional challenges. The study produced the following findings:(a) The national defense planning is based on the Total Defense approach, which implies a wide involvement of the country`s population in state defense. (b) This political act does not specify gender equality aspects of the Total Defense strategy; (c) According to the Constitution of Georgia, irrespective of gender factors, every citizen of Georgia is legally obliged to participate in state security activities. However, the state has an authority (power of choice) to decide which gender group (male or/and female citizen) must fulfill above mentioned their constitutional commitment. For instance, completion of compulsory military and reserve military services is a male citizen’s duty, whereas professional military service is equally accessible to both genders. The study concludes that effective implementation of the Total Defense concept largely depends on how Georgia uses its capabilities and human resources. Based on the statistical fact that more than 50% of the country’s population are women, Georgia has to elaborate on relevant institutional mechanisms for implementation of gender equality in the national defense organization. In this regard, it would be advisable: (i) to give the legal opportunity to women to serve in compulsory military service, and (ii) to develop labor reserve service as a part of the anti-crisis management system of Georgia.

Keywords: gender in defense organisation, gender mechanisms, gender in defense policy, gender policy

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Authors: Mohamed Zellagui, Heba Ahmed Hassan

Abstract:

This paper proposes a new approach for the calculation of short-circuit parameters in the presence of Pulse Width Modulated based Series Compensator (PWMSC). PWMSC is a newly Flexible Alternating Current Transmission System (FACTS) device that can modulate the impedance of a transmission line through applying a variation to the duty cycle (D) of a train of pulses with fixed frequency. This results in an improvement of the system performance as it provides virtual compensation of distribution line impedance by injecting controllable apparent reactance in series with the distribution line. This controllable reactance can operate in both capacitive and inductive modes and this makes PWMSC highly effective in controlling the power flow and increasing system stability in the system. The purpose of this work is to study the impact of fault resistance (RF) which varies between 0 to 30 Ω on the fault current calculations in case of a ground fault and a fixed fault location. The case study is for a medium voltage (MV) Algerian distribution line which is compensated by PWMSC in the 30 kV Algerian distribution power network. The analysis is based on symmetrical components method which involves the calculations of symmetrical components of currents and voltages, without and with PWMSC in both cases of maximum and minimum duty cycle value for capacitive and inductive modes. The paper presents simulation results which are verified by the theoretical analysis.

Keywords: pulse width modulated series compensator (pwmsc), duty cycle, distribution line, short-circuit calculations, ground fault, symmetrical components method

Procedia PDF Downloads 500