Search results for: exceptions
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 69

Search results for: exceptions

69 The Ludic Exception and the Permanent Emergency: Understanding the Emergency Regimes with the Concept of Play

Authors: Mete Ulaş Aksoy

Abstract:

In contemporary politics, the state of emergency has become a permanent and salient feature of politics. This study aims to clarify the anthropological and ontological dimensions of the permanent state of emergency. It pays special attention to the structural relation between the exception and play. Focusing on the play in the context of emergency and exception enables the recognition of the difference and sometimes the discrepancy between the exception and emergency, which has passed into oblivion because of the frequency and normalization of emergency situations. This study coins the term “ludic exception” in order to highlight the difference between the exceptions in which exuberance and paroxysm rule over the socio-political life and the permanent emergency that protects the authority with a sort of extra-legality. The main thesis of the study is that the ludic elements such as risk, conspicuous consumption, sacrificial gestures, agonism, etc. circumscribe the exceptional moments temporarily, preventing them from being routine and normal. The study also emphasizes the decline of ludic elements in modernity as the main factor in the transformation of the exceptions into permanent emergency situations. In the introduction, the relationship between play and exception is taken into consideration. In the second part, the study elucidates the concept of ludic exceptions and dwells on the anthropological examples of the ludic exceptions. In the last part, the decline of ludic elements in modernity is addressed as the main factor for the permanent emergency.

Keywords: emergency, exception, ludic exception, play, sovereignty

Procedia PDF Downloads 57
68 Hampering The 'Right to Know': Consequences of the Excessive Interpretation of the Notion of Exemption from the Right to Information

Authors: Tomasz Lewinski

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The right to know becomes gradually recognised as an increasing number of states adopts national legislations regarding access to state-held information. Laws differ from each other in the scope of the right to information (hereinafter: RTI). In all regimes of RTI, there are exceptions from the general notion of the right. States’ authorities too often use exceptions to justify refusals to requests for state-held information. This paper sets out how states hamper RTI basing on the notion of exception and by not providing an effective procedure that could redress unlawful denials. This paper bases on two selected examples of RTI incorporation into the national legal regime, United Kingdom, and South Africa. It succinctly outlines the international standard given in Article 19 of the International Covenant on Civil and Political Rights (hereinafter: ICCPR) and its influence on the RTI in selected countries. It shortly demonstrates as a background to further analysis the Human Rights Committee’s jurisprudence and standards articulated by successive Special Rapporteurs on freedom of opinion and expression. Subsequently, it presents a brief comparison of these standards with the regional standards, namely the African Charter on Human and Peoples' Rights and the European Convention on Human Rights. It critically discusses the regimes of exceptions in RTI legislations in respective national laws. It shows how excessive these regimes are, what implications they have for the transparency in general. Also, the objective is to divide exceptions enumerated in legislations of selected states in relation to exceptions provided in Article 19 of the ICCPR. Basing on the established division of exceptions by its natures, it compares both regimes of exceptions related to the principle of national security. That is to compare jurisprudence of domestic courts, and overview practices of states’ authorities applied to RTI requests. The paper evaluates remedies available in legislations, including contexts of the length and costs of the subsequent proceedings. This provides a general assessment of the given mechanisms and present potential risks of its ineffectiveness. The paper relies on examination of the national legislations, comments of the credible non-governmental organisations (e.g. The Public's Right to Know Principles on Freedom of Information Legislation by the Article 19, The Tshwane Principles on National Security and the Right to Information), academics and also the research of the relevant judgements delivered by domestic and international courts. Conclusion assesses whether selected countries’ legislations go in line with international law and trends, whether the jurisprudence of the regional courts provide appropriate benchmarks for national courts to address RTI issues effectively. Furthermore, it identifies the largest disadvantages of current legislations and to what outcomes it leads in domestic courts jurisprudences. In the end, it provides recommendations and policy arguments for states to improve transparency and support local organisations in their endeavours to establish more transparent states and societies.

Keywords: access to information, freedom of information, national security, right to know, transparency

Procedia PDF Downloads 183
67 Towards Safety-Oriented System Design: Preventing Operator Errors by Scenario-Based Models

Authors: Avi Harel

Abstract:

Most accidents are commonly attributed in hindsight to human errors, yet most methodologies for safety focus on technical issues. According to the Black Swan theory, this paradox is due to insufficient data about the ways systems fail. The article presents a study of the sources of errors, and proposes a methodology for utility-oriented design, comprising methods for coping with each of the sources identified. Accident analysis indicates that errors typically result from difficulties of operating in exceptional conditions. Therefore, following STAMP, the focus should be on preventing exceptions. Exception analysis indicates that typically they involve an improper account of the operational scenario, due to deficiencies in the system integration. The methodology proposes a model, which is a formal definition of the system operation, as well as principles and guidelines for safety-oriented system integration. The article calls to develop and integrate tools for recording and analysis of the system activity during the operation, required to implement validate the model.

Keywords: accidents, complexity, errors, exceptions, interaction, modeling, resilience, risks

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66 A Linguistic Analysis of the Inconsistencies in the Meaning of Some -er Suffix Morphemes

Authors: Amina Abubakar

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English like any other language is rich by means of arbitrary, conventional, symbols which lend it to lot of inconsistencies in spelling, phonology, syntax, and morphology. The research examines the irregularities prevalent in the structure and meaning of some ‘er’ lexical items in English and its implication to vocabulary acquisition. It centers its investigation on the derivational suffix ‘er’, which changes the grammatical category of word. English language poses many challenges to Second Language Learners because of its irregularities, exceptions, and rules. One of the meaning of –er derivational suffix is someone or somebody who does something. This rule often confuses the learners when they meet with the exceptions in normal discourse. The need to investigate instances of such inconsistencies in the formation of –er words and the meanings given to such words by the students motivated this study. For this purpose, some senior secondary two (SS2) students in six randomly selected schools in the metropolis were provided a large number of alphabetically selected ‘er’ suffix ending words, The researcher opts for a test technique, which requires them to provide the meaning of the selected words with- er. The marking of the test was scored on the scale of 1-0, where correct formation of –er word and meaning is scored one while wrong formation and meaning is scored zero. The number of wrong and correct formations of –er words meaning were calculated using percentage. The result of this research shows that a large number of students made wrong generalization of the meaning of the selected -er ending words. This shows how enormous the inconsistencies are in English language and how are affect the learning of English. Findings from the study revealed that though students mastered the basic morphological rules but the errors are generally committed on those vocabulary items that are not frequently in use. The study arrives at this conclusion from the survey of their textbook and their spoken activities. Therefore, the researcher recommends that there should be effective reappraisal of language teaching through implementation of the designed curriculum to reflect on modern strategies of teaching language, identification, and incorporation of the exceptions in rigorous communicative activities in language teaching, language course books and tutorials, training and retraining of teachers on the strategies that conform to the new pedagogy.

Keywords: ESL(English as a second language), derivational morpheme, inflectional morpheme, suffixes

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65 Taphonomy and Paleoecology of Cenomanian Oysters (Mollusca: Bivalvia) from Egypt

Authors: Ahmed El-Sabbagh, Heba Mansour, Magdy El-Hedeny

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This study provided a taphonomic alteration and paleoecology of Cenomanian oysters from the Musabaa Salama area, south western Sinai, Egypt. Three oyster zones can be recognized in the studied area, a lower one of Amphidonte (Ceratostreon) flabellatum (lower-middle Cenomanian), a middle zone of Ilymatogyra (Afrogyra) africana (upper Cenomanian) and an upper one of Exogyra (Costagyra) olisiponensis (upper Cenomanian). Taphonomic features including disarticulation, fragmentation, encrustation and bioerosion were subjected to multivariate statistical analyses. The analyses showed that the distributions of the identified ichnospecies were greatly similar within the identified oyster zones in the Musabaa Salama section. With rare exceptions, Entobia cretacea, Gastrochaenolites torpedo and Maeandropolydora decipiens are considered as common to abundant ichnospecies within the three recorded oyster zones. In contrast, and with some exceptions, E. ovula, E. retiformis and Rogerella pattei are considered as frequent to common ichnospecies within the identified oyster zones. Other ichnospecies, including Caulostrepsis cretacea, G. orbicularis, Trypanites solitarius, E. geometrica and C. taeniola, are mostly recorded in rare to frequent occurrences. Careful investigation of these host shells and the preserved encrusters and/or bioerosion sculptures provided data concerning: 1) the substrate characteristics, 2) time of encrustation and bioerosion, 3) rate of sedimentation, 4) the planktonic productivity level, and 5) the general bathymetry and the rate of transgression across the substrate.

Keywords: oysters, Cenomanian, taphonomy, palaeoecology, Sinai, Egypt

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64 Legal Means for Access to Information Management

Authors: Sameut Bouhaik Mostafa

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Information Act is the Canadian law gives the right of access to information for the institution of government. It declares the availability of government information to the public, but that exceptions should be limited and the necessary right of access to be specific, and also states the need to constantly re-examine the decisions on the disclosure of any government information independently from the government. By 1982, it enacted a dozen countries, including France, Denmark, Finland, Sweden, the Netherlands and the United States (1966) newly legally to access the information. It entered access to Canadian information into force of the Act of 1983, under the government of Pierre Trudeau, allowing Canadians to recover information from government files, and the development of what can be accessed from the information, and the imposition of timetables to respond. It has been applied by the Information Commissioner in Canada.

Keywords: law, information, management, legal

Procedia PDF Downloads 375
63 Genetic Analysis of Iron, Phosphorus, Potassium and Zinc Concentration in Peanut

Authors: Ajay B. C., Meena H. N., Dagla M. C., Narendra Kumar, Makwana A. D., Bera S. K., Kalariya K. A., Singh A. L.

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The high-energy value, protein content and minerals makes peanut a rich source of nutrition at comparatively low cost. Basic information on genetics and inheritance of these mineral elements is very scarce. Hence, in the present study inheritance (using additive-dominance model) and association of mineral elements was studied in two peanut crosses. Dominance variance (H) played an important role in the inheritance of P, K, Fe and Zn in peanut pods. Average degree of dominance for most of the traits was greater than unity indicating over dominance for these traits. Significant associations were also observed among mineral elements both in F2 and F3 generations but pod yield had no associations with mineral elements (with few exceptions). Di-allele/bi-parental mating could be followed to identify high yielding and mineral dense segregates.

Keywords: correlation, dominance variance, mineral elements, peanut

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62 Application of Genetic Programming for Evolution of Glass-Forming Ability Parameter

Authors: Manwendra Kumar Tripathi, Subhas Ganguly

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A few glass forming ability expressions in terms of characteristic temperatures have been proposed in the literature. Attempts have been made to correlate the expression with the critical diameter of the bulk metallic glass composition. However, with the advent of new alloys, many exceptions have been noted and reported. In the present approach, a genetic programming based code which generates an expression in terms of input variables, i.e., three characteristic temperatures viz. glass transition temperature (Tg), onset crystallization temperature (Tx) and offset temperature of melting (Tl) with maximum correlation with a critical diameter (Dmax). The expression evolved shows improved correlation with the critical diameter. In addition, the expression can be explained on the basis of time-temperature transformation curve.

Keywords: glass forming ability, genetic programming, bulk metallic glass, critical diameter

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61 Study on the Influence of Cladding and Finishing Materials of Apartment Buildings on the Architectural Identity of Amman

Authors: Asil Zureigat, Ayat Odat

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Analyzing the old and bringing in the new is an ever ongoing process in driving innovations in architecture. This paper looks at the excessive use of stone in apartment buildings in Amman and speculates on the existing possibilities of changing the cladding material. By looking at architectural exceptions present in Amman the paper seeks to make the exception, the rule by adding new materials to the architectural library of Amman and in turn, project a series of possible new identities to the existing stone scape. Through distributing a survey, conducting a photographic study on exceptional buildings and shedding light on the historical narrative of stone, the paper highlights the ways in which new finishing materials such as plaster, paint and stone variations could be introduced in an attempt to project a new architectural identity to Amman.

Keywords: architectural city identity, cladding materials, façade architecture, image of the city

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60 Highly Skilled Migrants Trapped in the Brain Waste: The Eastern European Graduates in the Western European Underemployment

Authors: Katalin Bándy

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The European emigration of highly educated immigrants draws attention to the problem of brain drain. Due to the Eastern European countries joining the EU and the opening of the Western European labour market the west-wards migration brisked up. By now another problem has been intensified correlated to migration: the migration of highly skilled workers related to brain waste tendencies. With some exceptions, educated immigrants from Eastern European countries are more likely to end up in unskilled jobs than residents. This paper is about to reveal the above-mentioned problems and this study is supported by the results of secondary pieces of research and the own survey made in the EU-15 among the Hungarian highly skilled (especially economics graduated) migrants, and it also examines the causes and in the focus there are the migrant motivations of the high-skilled young generation after the crisis.

Keywords: brain drain, brain waste, migration of highly-skilled, underemployment

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59 Haunted Pilgrims: The Absence of Touch and the Sounds of Silence in Online Communication

Authors: Karen Armstrong

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This paper explores the impact of two aspects of online communication: the absence of touch and the sound of silence. In order to place the discussion in context, the paper begins with a brief description of communication itself and the many ways in which we communicate with each other both verbally and non-verbally. Next, the discussion moves to consider the general characteristics of online communication and the ways in which it is similar as well as very different from face to face communication. This examination considers the ways we communicate primarily in email, but also through texting, instagram stickers, and twitter—the primary modes of online communication aside from face to face videos, which are less common. With few exceptions of course, most such interactions take place without sound or physical contact. First to be examined is the absence of touch, followed by the presence of silence. The paper explores these issues, concluding with the ways in which both absence of touch and the prevalence of silence are important determinants shaping communication in our online universe.

Keywords: absence of touch, communication, face-to-face, haptics, online, silence

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58 Banks Profitability Indicators in CEE Countries

Authors: I. Erins, J. Erina

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The aim of the present article is to determine the impact of the external and internal factors of bank performance on the profitability indicators of the CEE countries banks in the period from 2006 to 2012. On the basis of research conducted abroad on bank and macroeconomic profitability indicators, in order to obtain research results, the authors evaluated return on average assets (ROAA) and return on average equity (ROAE) indicators of the CEE countries banks. The authors analyzed profitability indicators of banks using descriptive methods, SPSS data analysis methods as well as data correlation and linear regression analysis. The authors concluded that most internal and external indicators of bank performance have no direct effect on the profitability of the banks in the CEE countries. The only exceptions are credit risk and bank size which affect one of the measures of bank profitability–return on average equity.

Keywords: banks, CEE countries, profitability ROAA, ROAE

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57 Capital Punishment as a Contradiction to International Law and Indonesian Constitution

Authors: Akbar

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Pros and cons of the capital punishment in Indonesia have been out of the date. The discourse of capital punishment has no relevance to the theory of punishment and theories of cultural relativism. In fact, the provisions of exceptions to the right to life by administering the death penalty against the perpetrators of serious crimes in Indonesia is a narrow perspective that does not pay attention to the development of the punishment of the crime. This thing is aggravated by an error to understand the natural right and legal right where the prohibition of those rights is result from a failure to distinguish the characteristic of the rights and to remember the raison d’être of law. To parse the irrational above, this paper will try to analyze normatively the error referring to the complementary theory between the sources of international law and the sources of municipal law of Indonesia. Both sources of the law above should be understood in the mutually reinforcing relationship enforceability because of false perceptions against those will create the disintegration between international law and municipal law of Indonesia. This disintegration is explicit not only contrary to the integrative theory of international law but also integrative theory of municipal law of Indonesia.

Keywords: capital punishment, municipal law, right to life, international law, the raison d’être of law, complementary theory, integrative theory

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56 Authenticity from the Perspective of Locals: What Prince Edward Islanders Had to Say about Authentic Tourism Experiences

Authors: Susan C. Graham

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Authenticity has grown to be ubiquitous within the tourism vernacular. Yet, agreement regarding what authenticity means in relation to tourism remains nebulous. In its simplest form, authenticity in tourism refers to products and experiences that provide insights into the social, cultural, economic, natural, historical, and political life of a place. But this definition is unwieldy in its scope and may not help industry leaders nor tourist in identifying that which is authentic. Much of what is projected as authentic is a carefully curated and crafted message developed by marketers to appeal to visitors and bears little resemblance to the everyday lives of locals. So perhaps one way to identify authentic tourism experiences is to ask locals themselves. The purpose of this study was to explore the perspectives of locals with respect to what constituted an authentic tourism experience in Prince Edward Island (PEI), Canada. Over 600 volunteers in a tourism research panel were sent a survey asking them to describe authentic PEI experiences within ten sub-categories relevant to the local tourism industry. To make participation more manageable, each respondent was asked their perspectives on any three of the tourism sub-categories. Over 400 individuals responded, providing 1391 unique responses. The responses were grouped thematically using interpretive phenomenological analysis whereby the participants’ responses were clustered into higher order groups to extract meaning. Two interesting thematic observations emerged: first, that respondents tended to clearly articulate and differentiate between intra- versus interpersonal experiences as a means of authentically experiencing PEI; and second, while respondents explicitly valued unstaged experiences over staged, several exceptions to this general rule were expressed. Responses could clearly be grouped into those that emphasized “going off the beaten path,” “exploring pristine and untouched corners,” “lesser known,” “hidden”, “going solo,” and taking the opportunity to “slow down.” Each of these responses was “self” centered, and focused on the visitor discovering and exploring in search of greater self-awareness and inner peace. In contrast, other responses encouraged the interaction of visitors with locals as a means of experiencing the authentic place. Respondents sited “going deep-sea fishing” to learn about local fishers and their communities, stopping by “local farm stands” and speaking with farmers who worked the land for generations,” patronizing “local restaurants, pubs, and b&bs”, and partaking in performances or exhibits by local artists. These kinds of experiences, the respondents claimed, provide an authentic glimpse into a place’s character. The second set of observations focused on the distinction between staged and unstaged experiences, with respondents overwhelmingly advocating for unstaged. Responses were clear in shunning “touristy,” “packaged,” and “fake” offerings for being inauthentic and misrepresenting the place as locals view it. Yet many respondents made exceptions for certain “staged” experiences, including (quite literally) the stage production of Anne of Green Gables based on the novel of the same name, the theatrical re-enactment of the founding of Canada, and visits to PEI’s many provincial and national parks, all of which respondents considered both staged and authentic at the same time.

Keywords: authentic, local, Prince Edward Island, tourism

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55 Artificial Intelligence as a User of Copyrighted Work: Descriptive Study

Authors: Dominika Collett

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AI applications, such as machine learning, require access to a vast amount of data in the training phase, which can often be the subject of copyright protection. During later usage, the various content with which the application works can be recorded or made available on the basis of which it produces the resulting output. The EU has recently adopted new legislation to secure machine access to protected works under the DSM Directive; but, the issue of machine use of copyright works is not clearly addressed. However, such clarity is needed regarding the increasing importance of AI and its development. Therefore, this paper provides a basic background of the technology used in the development of applications in the field of computer creativity. The second part of the paper then will focus on a legal analysis of machine use of the authors' works from the perspective of existing European and Czech legislation. The main results of the paper discuss the potential collision of existing legislation in regards to machine use of works with special focus on exceptions and limitations. The legal regulation of machine use of copyright work will impact the development of AI technology.

Keywords: copyright, artificial intelligence, legal use, infringement, Czech law, EU law, text and data mining

Procedia PDF Downloads 98
54 Use of Anti-Stick to Reduce Bitterness in Ultra Filtrated Chees-es(Single Packaged)

Authors: B. Khorram, M. Taslikh, R. Sattarzadeh, M. Ghazanfari

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Bitterness is one of the most important problems in cheese processing industry all over the world. There are several reasons that bitterness may develop in cheese. With a few exceptions bitterness is generally associated with proteolysis. In this investigation, anti-stick as a neutral substance in proteolysis were considered and studied for reducing the problem. This vast survey was conducted in a big cheese production factory (in Neyshabur) and in the same procedure anti-stick as interested factor in cheeses packaging compared to standard cheeses production, one line productions (65200 packs with anti-stick were tested by 2953 persons for bitterness and another line was included the same procedure with standard cheese. In this investigate: 83% of standard packaging cheeses, compared with only28% of consumers cheese with anti-stick which confirmed bitterness. Although bitterness is generally associated with proteolysis and Microbial factors, Somatic cell, Starters play important role in generating bitterness in ultra filtrated cheeses, but based on the results the other factors such as anti-stick in packaging can be effective methods for reducing and removing unfavorable bitterness in cheese production.

Keywords: bitterness, uf cheese, anti-stick, single packaged

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53 The Effectiveness of Electronic Local Financial Management Information System (ELFMIS) in Mempawah Regency, West Borneo Province, Indonesia

Authors: Muhadam Labolo, Afdal R. Anwar, Sucia Miranti Sipisang

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Electronic Local Finance Management Information System (ELFMIS) is integrated application that was used as a tool for local governments to improve the effectiveness of the implementation of the various areas of financial management regulations. Appropriate With Exceptions Opinion (WDP) of Indonesia Audit Agency (BPK) for local governments Mempawah is a financial management problem that must be improved to avoid mistakes in decision-making. The use of Electronic Local Finance Management Information System (ELFMIS) by Mempawah authority has not yet performed maximally. These problems became the basis for research in measuring the effectiveness LFMIS in Mempawah regency. This research uses an indicator variable for measuring information systems effectiveness proposed by Bodnar. This research made use descriptive with inductive approach. Data collection techniques were mixed from qualitative and quantitative techniques, used questionnaires, interviews and documentation. The obstacles in Local Finance Board (LFB) for the application of ELFMIS such as connection, the quality and quantity of human resources, realization of financial resources, absence of maintenance and another facilities of ELFMIS and verification for financial information.

Keywords: effectiveness, E-LFMIS, finance, local government, system

Procedia PDF Downloads 187
52 Knowledge, Attitude, and Practice of Medical Ethics amongst Paediatric Surgeons and Trainees in Malaysia

Authors: Salehah Tahkin, Norlaila Mustafa, Dayang Anita Abdul Aziz

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Knowledge of medical ethics is important to all practitioners so the best care can be delivered to all patients through safe practice. Surgeons are not exceptions to this. Knowledge, attitude, and practice (KAP) of medical ethics among paediatric surgeons and trainees in Malaysia has not been evaluated before. This study aims to determine the level of KAP regarding medical ethics among these groups. This was a cross-sectional study involving three groups of samples, i.e., paediatric surgeons (PS), paediatric surgical trainees (PST), and medical officers with a special interest in paediatric surgery (MO). A validated KAP questionnaire was used. Standard formulas were used to calculate objective indexes for measuring KAP, which were then compared for statistical significance across different sample groups; p less than 0.05 is taken as significant. The index is rated into 5 classes using a score of 0 to 10, i.e., poor (1-2.99), fair (3-4.99), good (5-6.99), very good (7-8.99), and excellent (9-10). There were 117 samples, i.e., PS n=45 (38.5%), PST n=25 (21.3%), and MO n=47 (40.2%). For knowledge, all three groups display a good index score (mean score of 5.44). For attitude, PS and MO also display an index score of good (mean score of 5.81), while the PST index score was fair (4.82). For practice, our study shows a highest score of 7.14 (very good) among PST. However, these differences were not statistically significant (p> 0.05). Conclusion: Training in paediatric surgery must continue to emphasize professionalism and medical ethics education to deliver the best health care services.

Keywords: KAP, medical ethics, paediatric, surgeons, trainees

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51 Empirical Studies of Indigenous Reserved Land in Taiwan- An Example of a Truku Tribe in Hualien County

Authors: Chuanju Cheng

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In Taiwan, the system of indigenous reserved land was established in 1928 during the Japanese rule. The purpose of setting up indigenous reserved land is to support the livelihood of tribal peoples who live in the mountainous area. Since 1945, the KMT government has kept the indigenous reserved land; in principle, only indigenous people can use indigenous reserved land. However, the government also makes some exceptions for non-indigenous peoples to use the land. Furthermore, since 1966, an indigenous individual can have ownership (fee simple) over the land he/she uses. Recent studies showed that there are many problems regarding the indigenous reserved lands, such as indigenous peoples have been losing ownership of their land (both legally and illegally), mismatched data of the true owner and the nominal owner, overutilization of the reserved land and so on. Using a Truku tribe in Hualien County as an example, this paper tries to find out how many people still own indigenous reserved land, do land owners constantly utilize their lands, and if so, whether or not (and by what extent) the indigenous reserved land support the livelihood of tribal peoples? After ten months of working data-collecting, we’ve successfully collected 327 questionnaires (70% of total households); preliminary research results show that less than 5% of indigenous reserved land in and around that specific Truku tribe is owned by tribal people. And most of the landowners do not utilize indigenous reserved land. It seems that the indigenous reserved land system does not meet its legislative goals and needs to be redesigned.

Keywords: indigenous people, truku nation, taiwan, indigenous reserved land, poverty, economic development

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50 Dynamics of Norms and Identities Facilitate Countries to Resolve Their Conflicts: A Case Study of ASEAN

Authors: Chander Shekhar Kohli

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In the field of international relations, countries have been experiencing distinct nature of conflicts. But, in the case of Association of Southeast Asian Nations (ASEAN) for a long time, the members have witnessed conflicts, small and large. These conflicts, as a result, have given catastrophic outcomes, such as killings and destroying properties. For the resolution of such conflicts, nonetheless, efforts likewise have been made, simultaneously, in terms of establishing peace and security. In this background, the ASEAN presents a significant example as before it had faced several wars, like Vietnam War, Cambodia conflicts, and so on. This research paper, therefore, strives to examine the ASEAN as a case with the help of both primary and secondary sources. It likewise will be dealt with how changing norms and identity building facilitate the ASEAN countries to deal with their conflicts both internal and external. This paper also will discuss how internal developments within countries affect conflict resolution process as each member of ASEAN is guided by its national interest. It is then argued that conflict resolution in the ASEAN is moving from its existing power-based solution to norms and identity-based solution as member countries have become more dependent on other countries. The research, therefore, is concluded by saying that the conflicts could only be resolved through building norms and common identities, which of course are recognized crucial mechanisms among the ASEAN countries with some exceptions.

Keywords: ASEAN, conflict resolution, norms and identities, peace and security

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49 The Impact of Diseases and Epidemics in the Field of Medicine and Health in General

Authors: Nedjar Abdelhadi

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The pharmaceutical industry is one of the most important structures and foundations for the management and development of the modern world, especially the advanced part of it, meaning that there are some exceptions for third-world countries. The world today has witnessed radical transformations and changes, some of which made it better and some of which affected the path of its growth. At the beginning of my research, there was a detailed presentation overview of the current situation of the world in terms of growth and development, and it proceeded through that overview as the introduction to my research. The first chapter had divided into three sections; each topic was unique to one of the new methods of manufacturing, deducing and developing medicines Several examples of various recently developed medicines were used The second chapter dealt with the defects and shortcomings that pioneers and drug makers at various levels, as well as various regions and major companies, suffer from on the basis that they are international, especially those specialized in the manufacture of medicines related to viruses and chronic diseases, as well as incurable. As for the third chapter, it was devoted to marketing methods, methods of achieving sales, as well as the basics of spreading medicines and preparing the minds of consumers. Through my research, the one concluded that the current world has become completely different from the world we used to know, and it means by saying the field of manufacturing, selling and marketing medicines. It was noted that one of the biggest factors that affected the change in the field of medicine was the corona disaster. At the end of my research, I was left with nothing but to show the importance and necessity of the pharmaceutical industry and its effective role, not only in the development of mankind, but its main role is in the survival of mankind.

Keywords: health, diseases, medicine, epidemics

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48 Green Windows of Opportunity in Latin American Countries

Authors: Fabianna Bacil, Zenathan Hasannundin, Clovis Freire

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The green transition opens green windows of opportunity – temporary moments in which there are lower barriers and shorter learning periods for developing countries to enter emerging technologies and catch-up. However, taking advantage of these windows requires capabilities in national sectoral systems to adopt and develop technologies linked to green sectors as well as strong responses to build the required knowledge, skills, and infrastructure and foster the growth of targeted sectors. This paper uses UNCTAD’s frontier technology readiness index to analyse the current position of Latin America and the Caribbean to use, adopt, and adapt frontier technologies, examining the preconditions in the region to take up windows of opportunity that arise with the green transition. The index highlights the inequality across countries in the region, as well as gaps in capabilities dimensions, especially in terms of R&D. Moving to responses, it highlights industrial policies implemented to foster the growth of green technologies, emphasising the essential role played by the state to build and strengthen capabilities and provide infant industry protection that enables the growth of these sectors. Overall, while there are exceptions, especially in the Brazilian case, countries in Latin America and the Caribbean should focus on strengthening their capabilities to be better positioned, especially in terms of knowledge creation, infrastructure, and financing availability.

Keywords: Green technologies, Industrial policy, Latin America, windows of opportunity

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47 The Problem of Reconciling the Principle of Confidentiality in Foreign Investment Arbitration with the Public Interest

Authors: Bárbara Magalhães Bravo, Cláudia Figueiras

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The economical globalization through the liberalization of the markets and capitals boosted the economical development of the nations and the needs for sorting out the disputes arising from the foreign investment. The arbitration, for all the inherent advantages, such as swiftness, arbitrators’ specialise skills and impartiality sets a pacifier tool for the interest in account. Safeguarded the public interest, we face the problem of the confidentiality in the arbitration. The urgent development of impelling mechanisms concerning transparency, guaranty and protection of the interest in account, reveals itself urgent. Through a bibliography review, we will dense the state of art, by going through the several solutions concerning, and pointing out the most suitable. Through the jurisprudential analysis we will point out the solution for the conflict confidentiality/public interest. The transparency, inextricable from the public interest, imposes the arbitration process can be open to all citizens. Transparency rules have been considered at the UNCITRAL in attempting to conciliate the necessity of publicity and the public interest, however still insufficient. The arbitration of foreign investment carries consequences to the citizens of the State. Articulating mechanisms between the arbitral procedures secrecy and the public interest should be adopted. The arbitration of foreign investment, being a tertius genius between the international arbitration and the administrative arbitration would claim its own regulation in each and every States where the confidentiality rules and its exceptions could be identified. One should enquiry where the limit of the citizens’ individual rights protection and the public interest should give way to the principle of transparency

Keywords: arbitration, foreign investment, transparency, confidenciality, International Centre for Settlement of Investment Disputes UNCITRAL

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46 West Nile Virus Outbreaks in Canada under Expected Climate Conditions

Authors: Jalila Jbilou, Salaheddine El Adlouni, Pierre Gosselin

Abstract:

Background: West Nile virus is increasingly an important public health issue in North America. In Canada, WVN was officially reported in Toronto and Montréal for the first time in 2001. During the last decade, several WNV events have been reported in several Canadian provinces. The main objective of the present study is to update the frequency of the climate conditions favorable to WNV outbreaks in Canada. Method: Statistical frequency analysis has been used to estimate the return period for climate conditions associated with WNV outbreaks for the 1961–2050 period. The best fit is selected through the Akaike Information Criterion, and the parameters are estimated using the maximum likelihood approach. Results: Results show that the climate conditions related to the 2002 event, for Montreal and Toronto, are becoming more frequent. For Saskatoon, the highest DD20 events recorded for the last few decades were observed in 2003 and 2007. The estimated return periods are 30 years and 70 years, respectively. Conclusion: The emergence of WNV was related to extremely high DD values in the summer. However, some exceptions may be related to several factors such as virus persistence, vector migration, and also improved diagnosis and reporting levels. It is clear that such climate conditions have become much more common in the last decade and will likely continue to do so over future decades.

Keywords: West Nile virus, climate, North America, statistical frequency analysis, risk estimation, public health, modeling, scenario, temperature, precipitation

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45 Good Governance in Perspective: An Example of Transition from Corruption towards Integrity within a Developing Country (Pakistan)

Authors: Saifullah Khalid

Abstract:

Governance and good governance are among the main topics in international discussions about the success factors for social and economic development. The image of developing countries as for example Pakistan in this respect is bad (in TI Corruption Index nr. among countries). Additionally, the police are among the sectors and organizations which are seen as most corrupt in many countries. However, in case of Pakistan there seem to be exceptions to the rule, and improvement can be brought in specific police departments. This paper represents the findings of Islamabad traffic police (ITP). In Pakistan, the police, in general, have been stigmatized for being the most corrupt department in the country. However, the few recent examples of Motorway police and its replicated model of Islamabad traffic police changed the perception about police and policing. These police forces have shown that Policing in Pakistan can be changed for better. In this paper, the research question that is addressed is: How corrupt are (traffic) police forces in Pakistan and what factors influence corruption within that police force? And What lessons can be learned from that to improve police integrity? Both qualitative and quantitative tools are utilized for data collection. The overall picture of the factors is not so easy to interpret and summarise. Nevertheless paying a better salary does not seem to limit integrity violations, neither does recruitment and selection and leadership, while supervision and control, training and stimulating the positive and limiting the negative elements of culture appear to be important in curbing (sometimes specific) integrity violations in the context of Pakistani police forces. The study also leads to a number of suggestions for curbing corruption and other integrity violations in the Pakistan police.

Keywords: corruption control, governance, integrity violations, Islamabad traffic police, Pakistan

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44 Corporate Governance and Disclosure Quality: Taxonomy of Tunisian Listed Firms Using the Decision Tree Method Based Approach

Authors: Wided Khiari, Adel Karaa

Abstract:

This study aims to establish a typology of Tunisian listed firms according to their corporate governance characteristics and disclosure quality. The paper uses disclosed scores to examine corporate governance practices of Tunisian listed firms. A content analysis of 46 Tunisian listed firms from 2001 to 2010 has been carried out and a disclosure index developed to determine the level of disclosure of the companies. The disclosure quality is appreciated through the quantity and also through the nature (type) of information disclosed. Applying the decision tree method, the obtained tree diagrams provide ways to know the characteristics of a particular firm regardless of its level of disclosure. Obtained results show that the characteristics of corporate governance to achieve good quality of disclosure are not unique for all firms. These structures are not necessarily all of the recommendations of best practices, but converge towards the best combination. Indeed, in practice, there are companies which have a good quality of disclosure, but are not well-governed. However, we hope that by improving their governance system their level of disclosure may be better. These findings show, in a general way, a convergence towards the standards of corporate governance with a few exceptions related to the specificity of Tunisian listed firms and show the need for the adoption of a code for each context. These findings shed the light on corporate governance features that enhance incentives for good disclosure. It allows identifying, for each firm and in any date, corporate governance determinants of disclosure quality. More specifically, and all being equal, obtained tree makes a rule of decision for the company to know the level of disclosure based on certain characteristics of the governance strategy adopted by the latter.

Keywords: corporate governance, disclosure, decision tree, economics

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43 LanE-change Path Planning of Autonomous Driving Using Model-Based Optimization, Deep Reinforcement Learning and 5G Vehicle-to-Vehicle Communications

Authors: William Li

Abstract:

Lane-change path planning is a crucial and yet complex task in autonomous driving. The traditional path planning approach based on a system of carefully-crafted rules to cover various driving scenarios becomes unwieldy as more and more rules are added to deal with exceptions and corner cases. This paper proposes to divide the entire path planning to two stages. In the first stage the ego vehicle travels longitudinally in the source lane to reach a safe state. In the second stage the ego vehicle makes lateral lane-change maneuver to the target lane. The paper derives the safe state conditions based on lateral lane-change maneuver calculation to ensure collision free in the second stage. To determine the acceleration sequence that minimizes the time to reach a safe state in the first stage, the paper proposes three schemes, namely, kinetic model based optimization, deep reinforcement learning, and 5G vehicle-to-vehicle (V2V) communications. The paper investigates these schemes via simulation. The model-based optimization is sensitive to the model assumptions. The deep reinforcement learning is more flexible in handling scenarios beyond the model assumed by the optimization. The 5G V2V eliminates uncertainty in predicting future behaviors of surrounding vehicles by sharing driving intents and enabling cooperative driving.

Keywords: lane change, path planning, autonomous driving, deep reinforcement learning, 5G, V2V communications, connected vehicles

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42 Providing a Proposed Framework for the Copyright of Library Resources in Iran: A Comparative Study of the Copyright Laws of Iran, Australia and U.S.

Authors: Zeinab Papi

Abstract:

This study was aimed at analyzing the copyright laws of Iran, Australia, the U.S., and library portals, thereby providing a proposed framework for the copyright of library resources for the NLAI and other Iranian libraries while considering the current situation and the internal Iranian laws. This is an applied study falling in the category of qualitative approach research. Documentary analysis method and comparative method were used to resolve the problem and answer the questions of the research. The two National Library of Australia (NLA) and Library of Congress (LC), together with the NLAI formed the research community. In addition, the Iranian Law for the Protection of Authors, Composers and Artists Rights (1970); the Australian Copyright Act (1968), and the U.S. Copyright Law (1976) were purposefully selected as three main resources among other documents and resources. Findings revealed that the dimensions of fair and non-profit use, duration of copyright, license, and agreement, copyright policy, moral rights, economic rights, and infringement of copyright were the main dimensions that, along with 49 main components, formed the proposed framework for the copyright of information resources for the NLAI and other Iranian libraries. It should be acknowledged that there are some differences in different copyright fields between countries' laws, and each country takes into account its internal conditions to compile and revise the laws. By following the laws of other countries, it is possible to effectively improve and develop copyright laws. The researcher hopes that this research can have its effects in creating awareness and ability among librarians, formulating a copyright policy in Iranian libraries, and helping legislators in revising copyright laws regarding library exceptions and exemptions.

Keywords: copyright, library resources, National Library and Archives of the I.R. of Iran, National Library of Australia, Library of Congress, copyright law

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41 Ending Communal Conflicts in Africa: The Relevance of Traditional Approaches to Conflict Resolution

Authors: Kindeye Fenta Mekonnen, Alagaw Ababu Kifle

Abstract:

The failure of international responses to armed conflict to address local preconditions for national stability has recently attracted what has been called the ‘local turn’ in peace building. This ‘local turn’ in peace building amplified a renewed interest in traditional/indigenous methods of conflict resolution, a field that has been hitherto dominated by anthropologists with their focus on the procedures and rituals of such approaches. This notwithstanding, there is still limited empirical work on the relevance of traditional methods of conflict resolution to end localized conflicts vis-à-vis hybrid and modern approaches. The few exceptions to this generally draw their conclusion from very few (almost all successful) cases that make it difficult to judge the validity and cross-case application of their results. This paper seeks to fill these gaps by undertaking a quantitative analysis of the trend and applications of different communal conflict resolution initiatives, their potential to usher in long-term peace, and the extent to which their outcomes are influenced by the intensity and scope of a conflict. The paper makes the following three tentative conclusions. First, traditional mechanisms and traditional actors still dominate the communal conflict resolution landscape, either individually or in combination with other methods. Second, traditional mechanisms of conflict resolution tend to be more successful in ending a conflict and preventing its re-occurrence compared to hybrid and modern arrangements. This notwithstanding and probably due to the scholarly call for local turn in peace building, contemporary communal conflict resolution approaches are becoming less and less reliant on traditional mechanisms alone and (therefore) less effective. Third, there is yet inconclusive evidence on whether hybridization is an asset or a liability in the resolution of communal conflicts and the extent to which this might be mediated by the intensity of a conflict.

Keywords: traditional conflict resolution, hybrid conflict resolution, communal conflict, relevance, conflict intensity

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40 Chance One’s Arm: Critical Evaluation on Laws of Sports Gambling in India

Authors: Archen Sara Vincent

Abstract:

Gambling is the practice or act of betting or wagering on uncertain events with the hope of winning money or any other valuable assets. Nowadays, the practice of gambling can be seen in almost all grounds of events, especially in sports. In sports, this is commonly known among people as sports betting. The history of gambling can be traced about 2,000 years back. It originated from Greeks, from Greeks to the Romans, then to England, where betting on horse races was much popular among the elites. The evolution of gambling in sports has made a greater impact in the modern era. In India, the legality of gambling in sports is regulated by The Public Gambling Act 1867, which prohibits gambling activities in public places. The major draw of this statute is that it does not have specific laws regarding online sports gambling. Section 30 of The Indian Contract Act 1872 considers wagering agreements void. However, there are certain exceptions for this section, that is, (1) state-owned lotteries and (2) wagering on horse races with a sum of Rupees 500 or upward. As per the Indian Constitution, the rules regarding sports gambling are within the powers of the state legislatures. Some of the states have enacted their own laws which explicitly permit or prohibit gambling within their jurisdiction. Recently in Tamilnadu, The Tamilnadu Gaming Act was amended in 2021 to completely ban online gambling and betting. Moreover, the Central Government has introduced the Online Gaming and Prevention of Fraud Bill, 2018, to legalize and regulate sports betting in India. However, this bill has not yet been passed as law. Now as the Indian legal system does not have a specific rule regarding online sports gambling, sports betting companies use this major drawback and attract people to use the gambling and betting apps by advertising with well-known sports players and other celebrities. This paper aims to critically evaluate gambling in sports and the laws relating to it in India.

Keywords: history of gambling, The Public Gambling Act 1862, state legislations, gambling in India

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