Search results for: freedom of contract

Authors: Taonga Temwani Chibaka

Abstract:

This qualitative research study was conducted to identify the common risk factors that affect the construction industry in Malawi in the building and infrastructure (civil works) projects. The study then evaluates the possible risk responses that are done to mitigate the various risk factors that were identified. I addition the research also established the barriers to risk management implementation with lastly mapping out as where the identified risk factors fall on which stage of the project and then also map out the knowledge areas that need to be worked on the cases on Malawian construction industry in order to mitigate most of the identified risk factors. The study involved the interviewing the professionals from the construction industry in Malawi where insights and ideas were collected, analysed and interpreted. The key study findings show that risks related to clients group are perceived as most critical followed by the contractor related, consultant related and then external group related factors respectively where preventive measures are the most applied risk response technique where the aim to avoid most of the risk factors from happening. Most of the risk factors identified were internal risks and in managerial category which suggested that risk planning was to be emphasized at pre-contract stage to minimize these risks since a bigger percentage of the risk factors were mapped out at implementation stage. Furthermore, barriers to risk management were identified and the key barriers were lack of awareness; lack of knowledge; lack of formal policies in place; regarded as costly and limited time which resulted in proposing that regulating authorities to purposefully introduce intense training on risk management to make known of this new knowledge area. The study then recommends that organisation should formally implement risk management where policies should be introduced to enforce all parties to undertake this. Risk planning was regarded as paramount and this to be done from pre-contract phase so as to mitigate 80% of the risk factors. Finally, training should be done on all project management knowledge areas.

Keywords: risk management, risk factors, risks, malawi

Procedia PDF Downloads 254

Authors: Rebecca Quinlan

Abstract:

Background: The pandemic has caused a surge in eating disorders (ED). The prevalence of ED is higher in athletes than in the general population. It would therefore be expected that there will be a rise in ED among athletic populations. Coaches regularly work with athletes and should be in a position to identify signs of ED in their athletes. However, there is limited awareness of ED among coaches. Given the effects of the pandemic, it is crucial that coaches have the skills and knowledge to identify ED. This research will explore the effects of the pandemic on athletes, current knowledge of ED among coaches, and possible solutions for building back better from the pandemic. Methods: Freedom of Information requests were conducted, and a systematic review of the literature was undertaken regarding ED in sports and following the pandemic. Results: The systematic review of the literature showed that there had been a rise in ED in athletes due to the pandemic. Freedom of Information results revealed that ED is not covered in level 1 coaching courses. This lack of education has resulted in many coaches stating they feel unable to identify ED. Discussion: The increased prevalence of ED in athletes, coupled with the negative effects of the pandemic, highlight the need for action. Recommendations are provided, which include Level 1 coaching courses to include compulsory ED education, including signs and symptoms, what to do if an athlete has an ED, and resources/contacts. It is anticipated that the findings will be used to improve coaching knowledge of ED and support offered to athletes, with the overarching aim of building back better and faster from the pandemic.

Keywords: eating disorders, sport, athletes, pandemic

Procedia PDF Downloads 95

Authors: Farshad Ghodoosi

Abstract:

This article analyzes the effect of supervening events in contracts. Contracts serve an important function: allocation of risks. In spite of its importance, the case law and the doctrine are messy and inconsistent. This article provides a fresh look at excuse doctrines (i.e., force majeure, impracticability, impossibility, and frustration) with a focus on force majeure clauses. The article makes the following contributions: First, it furnishes a new conceptual and theoretical framework of excuse doctrines. By distilling the decisions, it shows that excuse doctrines rests on the triangle of control, foreseeability, and contract language. Second, it analyzes force majeure clauses used by S&P 500 companies to understand the stickiness and similarity of such clauses and the events they cover. Third, using computational and statistical tools, it analyzes US cases since 1810 in order to assess the weight given to the triangle of control, foreseeability, and contract language. It shows that the control factor plays an important role in force majeure analysis, while the contractual interpretation is the least important factor. The Article concludes that it is the standard for control -whether the supervening event is beyond the control of the party- that determines the outcome of cases in the force majeure context and not necessarily the contractual language. This article has important implications on COVID-19-related contractual cases. Unlike the prevailing narrative that it is the language of the force majeure clause that’s determinative, this article shows that the primarily focus of the inquiry will be on whether the effects of COVID-19 have been beyond the control of the promisee. Normatively, the Article suggests that the trifactor of control, foreseeability, and contractual language are not effective for allocation of legal risks in times of crises. It puts forward a novel approach to force majeure clauses whereby that the courts should instead focus on the degree to which parties have relied on (expected) performance, in particular during the time of crisis.

Keywords: contractual risks, force majeure clauses, foreseeability, control, contractual language, computational analysis

Procedia PDF Downloads 114

Authors: Ketan N. Bajad, Manisha V. Waghmare

Abstract:

Earthquakes are the biggest threat to the civil engineering structures as every year it cost billions of dollars and thousands of deaths, around the world. There are various experimental techniques such as pseudo-dynamic tests – nonlinear structural dynamic technique, real time pseudo dynamic test and shaking table test method that can be employed to verify the seismic performance of structures. Shake table is a device that is used for shaking structural models or building components which are mounted on it. It is a device that simulates a seismic event using existing seismic data and nearly truly reproducing earthquake inputs. This paper deals with the use of shaking table test method to check the response of structure subjected to earthquake. The various types of shake table are vertical shake table, horizontal shake table, servo hydraulic shake table and servo electric shake table. The goal of this experiment is to perform seismic analysis of a civil engineering structure with the help of 3 degree of freedom (i.e. in X Y Z direction) shake table. Three (3) DOF shaking table is a useful experimental apparatus as it imitates a real time desired acceleration vibration signal for evaluating and assessing the seismic performance of structure. This study proceeds with the proper designing and erection of 3 DOF shake table by trial and error method. The table is designed to have a capacity up to 981 Newton. Further, to study the seismic response of a steel industrial building, a proportionately scaled down model is fabricated and tested on the shake table. The accelerometer is mounted on the model, which is used for recording the data. The experimental results obtained are further validated with the results obtained from software. It is found that model can be used to determine how the structure behaves in response to an applied earthquake motion, but the model cannot be used for direct numerical conclusions (such as of stiffness, deflection, etc.) as many uncertainties involved while scaling a small-scale model. The model shows modal forms and gives the rough deflection values. The experimental results demonstrate shake table as the most effective and the best of all methods available for seismic assessment of structure.

Keywords: accelerometer, three degree of freedom shake table, seismic analysis, steel industrial shed

Procedia PDF Downloads 107

Authors: R. M. Rajapaksa

Abstract:

Construction industry is one of the key players in driving the economy of a country to achieve its prosperity. However, a dispute is one of the crucial factors which prevent the completion of construction contracts within the budgeted cost, scheduled time, and accepted quality. Disputes are inevitable in the construction contract. Accordingly, a study has been undertaken to identify the factors affecting contractual disputes in construction projects in Sri Lanka. The study was a mixed approach with major qualitative and minor quantitative. Qualitative study was set in the form of in-depth interviews with eighteen participants, and quantitative study was conducted using a questionnaire with twenty-four respondents from previously implemented projects by the National Water Supply & Drainage Board representing the employer, engineer and the Contractor to identify the factors affecting contractual disputes and to verify most critical factors respectively. Data analysis for qualitative and quantitative studies was carried out by means of transcribing, code & categorizeand average score methods, respectively. The study reveals that there are forty factors affecting the contractual disputes in construction contracts in Sri Lanka. The finding further illustrates that conflicting decisions by inexperience personnel in the higher position of the Employer, ambiguities resulting inadequate descriptions of the preliminary/general items in price schedule, unfair valuation and late confirmation of variations, unfair determination due to lack of experience of the Engineer/Consultant, under certification of progress payments, unfair grant of EOT & application of delay damages, unreasonable claims for variation of works, errors/discrepancies/ambiguities in the contract conditions and discrepancies & errors in designs & specifications are the most critical factors affecting contractual disputes. Finally, the study proposed remedial measures to most critical factors affecting contractual disputes.

Keywords: dispute, contractual, factors, employer, engineer, contractor, construction projects

Procedia PDF Downloads 185

Authors: Tholaine Matadi

Abstract:

South Africa is a democratic country with a historical record of racially-motivated marginalisation and exclusion of the majority. During the apartheid era the country was run along pieces of legislation and policies based on racial segregation. The system held a tight clamp on interracial mixing which forced people to remain in segregated areas. For example, a citizen from the Indian community could not own property in an area allocated to white people. In this way, a great majority of people were denied basic human rights. Now, there is a supreme constitution with an entrenched justiciable Bill of Rights founded on democratic values of social justice, human dignity, equality and the advancement of human rights and freedoms. The Constitution also enshrines the values of non-racialism and non-sexism. The Constitutional Court has the power to declare unconstitutional any law or conduct considered to be inconsistent with it. Now, more than two decades down the line, despite the abolition of apartheid, there is evidence that South Africa still experiences hate crimes which violate the entrenched right of vulnerable groups not to be discriminated against on the basis of race, sexual orientation, gender, national origin, occupation, or disability. To remedy this mischief parliament has responded by drafting the Prevention and Combatting of Hate Crimes and Hate Speech Bill. The Bill has been disseminated for public comment and suggestions. It is intended to combat hate crimes and hate speech based on sheer prejudice. The other purpose of the Bill is to bring South Africa in line with international human rights instruments against racism, racial discrimination, xenophobia and related expressions of intolerance identified in several international instruments. It is against this backdrop that this paper intends to analyse the impact of the Bill on the rights to human dignity, equality, and freedom. This study is significant because the Bill was highly contested and creates a huge debate. This study relies on a qualitative evaluative approach based on desktop and library research. The article recurs to primary and secondary sources. For comparative purpose, the paper compares South Africa with countries such as Australia, Canada, Kenya, Cuba, and United Kingdom which have criminalised hate crimes and hate speech. The finding from this study is that despite the Bill’s expressed positive intentions, this draft legislation is problematic for several reasons. The main reason is that it generates considerable controversy mostly because it is considered to infringe the right to freedom of expression. Though the author suggests that the Bill should not be rejected in its entirety, she notes the brutal psychological effect of hate crimes on their direct victims and the writer emphasises that a legislature can succeed to combat hate-crimes only if it provides for them as a separate stand-alone category of offences. In view of these findings, the study recommended that since hate speech clauses have a negative impact on freedom of expression it can be promulgated, subject to the legislature enacting the Prevention and Combatting of Hate-Crimes Bill as a stand-alone law which criminalises hate crimes.

Keywords: freedom of expression, hate crimes, hate speech, human dignity

Procedia PDF Downloads 142

Authors: Lavanya Mohan, Suneha Sethi

Abstract:

This paper seeks to study the concept of existential anguish and its relation to personal growth. Generally, existential anguish is taken to be an all-pervading negative feeling arising from an individual’s knowledge of their absolute freedom. However, this paper investigates the possible positive impact of this sense of anguish, such as its role in commencing an individual’s journey towards authentic living, characterized by an internal locus of will, and acceptance of absolute freedom. This journey towards authentic living is what is referred to as personal growth, in this paper, in the context of existential philosophy. The work of four prominent existentialists has been used to elucidate existential anguish. A human’s scope for personal growth in the existential framework has been compared to that in the teleological framework of religion. In the latter, individuals must abide by the moral code of an external authority and work towards a pre-ordained purpose of life. This is illustrated by the examination of Hinduism, Christianity, and Islam. To test people’s levels of existential anguish, religiosity, and personal growth, a survey using an originally constructed questionnaire has been undertaken. Simple and partial correlation analyses have been used to ascertain the relationships between these three variables. Contrary to the hypothesis, the results indicate that existential anguish has a detrimental effect on personal growth, while religiosity does not affect it at all. Through their responses, it was also evident that the respondents do not adhere to teleological concepts of morality, despite a belief in God. This study has further scope in determining how variations in sample demography may influence the relationship of existential anguish with personal growth.

Keywords: existential anguish, existentialism, personal growth, religiosity, teleology

Procedia PDF Downloads 170

Authors: Sikhumbuzo Zondi, Serges A. Kamga

Abstract:

Human security and human rights are mutually reinforcing concepts given that human security addresses questions related to human conditions such as the safety of individuals and the protection of individual rights and civil liberties. It does this by suggesting that the proper referent for security should be the individual and not the nation-state, due to the individual’s vulnerability to threats such as malnutrition and poverty, conflicts, exploitation and marginalization, despotism and climate change. Due to the primacy of the individual, human security comfortably expand to the notion of social justice, given that for far too-long, many individuals around the world have been denied of their basic human rights through racial discrimination, unfair labour and segregation policies and as a result encountered widespread social, environmental and economic injustices which are evident in the current structural division of the world between the developed north and the underdeveloped or developing south. In light of this view, ensuring freedom from want and freedom from fear, for all individuals is arguably the sound route to addressing and remedying the global ills of our time and a way to promoting human rights for all. The promotion of human security provides an important part of human/societal progress because inclusive security facilitates development and human rights protection, while insecurity reduces people’s growth and investment prospects and prolongs historical injustices. Therefore, this paper seeks to show that human security and human rights complements one another and that this correlation provides the necessary mechanisms for addressing and remedying the historical injustices that still affect most of the world’s population. It will look at linkages between human security and the individual right to equality and freedom from discrimination, right to life, liberty, and personal security; development; own property; adequate living standard; education; desirable work and to join trade unions; participate in government and in free elections; social security and equality before the law. The paper considers these human rights and liberties as vital for securing the core values of human life while at the same addressing socio-economic injustices that still persist in the contemporary world. The paper will be a desktop study using qualitative research methods on two case studies in Africa namely Cameroun and South Africa.

Keywords: justice, human security, human rights, injustices

Procedia PDF Downloads 146

Authors: Sakshi Singh, Shampa Chakraverty

Abstract:

One of the essential characteristics of Blockchain is the ability to validate the integrity of new transactions added to the Blockchain. Moreover, one of the essential consensus algorithms, Proof of Work, performs this job. In this work, we implemented the Proof of Work consensus method on the block formed by performing the transaction using Ganache. The primary goal of this implementation is to understand the process and record how Proof of Work works in reality on newly created blocks.

Keywords: proof of work, blockchain, ganache, smart contract

Procedia PDF Downloads 119

Authors: Florian Engel

Abstract:

Only with a radical change to an intrinsically motivated project team, through giving the employees the freedom for autonomy, mastery and purpose, it is then possible to develop excellent products. With these changes, combined with using a rapid application development approach, the group of users serves as an important indicator to test the market needs, rather than only as the stakeholders for requirements.

Keywords: intrinsic motivation, requirements elicitation, self-directed work, stakeholder participation

Procedia PDF Downloads 311

Authors: Shrutika Lakshmi

Abstract:

Gender inequality has been quite evident particularly in the third world economies in different domains like health, education, marriages and personal freedom. Women’s exercise to personal freedom is driven by their financial standing in third world social milieu. However, even after decades of attempt to achieve a socio-economic standing equal to men, their attempts have failed in registering success.This research has been conducted in the national capital of India New Delhi aiming to reflect upon the gendered relations in society on the category of employed women. This particular category of women have been chosen for the study in order to study the gender relations, subordination of such women in household despite having an economic standing of their own, etc. The methodology used for this study is semi-structured interview along with qualitative analysis. Moreover, with the help of direct interaction with these women, we get insight into the kind of gendered relations prevailing inside the household structure which have their roots in age old customs and stereotype of the social milieu. Most importantly, the highlight of the study remains on the point where the hierarchy remains in the subconscious of these women and they never forget their social standing. It has been interesting to note that how even after contributing to the family income successively, their position remains subjugated in front of their male counterparts and thus, they are not ‘free’ in the real sense of the term. Even after attaining an economically stable position, these women did not enjoy the same comfort and freedom of choice as their male counterparts do, this could be gauged from the fact that when asked about ‘time for one’s own self’ they had no sense of it. This is astonishing in today’s world where every individual works and strives for a better livelihood and quality existence. Such findings reflect upon the reality of our society where women are still subjugated and duty bound towards the household even after having the same economic stand as their male counterparts. The burden of household chores and responsibilities fall solely on the shoulders of a women despite being an employed women even in the present times. Cooperation comes primarily from female members of the household and not from males. And thus, we as a society are far away from gender equity. We still suffer from prejudices and stereotypes which prevent us from giving same respect to women which we keep reserved for the man. Given this scenario, it seems, gender equity is a distant goal which we will have to keep striving for even harder even after decades of feminist struggles all over the world.

Keywords: employed women, subjugation in household, gender hierarchy, financial independence,

Procedia PDF Downloads 128

Authors: Mojtaba Eshraghi Arani

Abstract:

Concluding the contract for carriage of cargo with the shipper (through bill of lading or charterparty), the carrier must transport the cargo from loading port to the port of discharge and deliver it to the consignee. Unless otherwise agreed in the contract, the carrier must avoid from any deviation, transfer of cargo to another vessel or unreasonable stoppage of carriage in-transit. However, the vessel might break down in-transit for any reason and becomes unable to continue its voyage to the port of discharge. This is a frequent incident in the carriage of goods by sea which leads to important dispute between the carrier/owner and the shipper/charterer (hereinafter called “cargo interests”). It is a generally accepted rule that in such event, the carrier/owner must repair the vessel after which it will continue its voyage to the destination port. The dispute will arise in the case that temporary repair of the vessel cannot be done in the short or reasonable term. There are two options for the contract parties in such a case: First, the carrier/owner is entitled to repair the vessel while having the cargo onboard or discharged in the port of refugee, and the cargo interests must wait till the breakdown is rectified at any time, whenever. Second, the carrier/owner will be responsible to charter another vessel and transfer the entirety of cargo to the substitute vessel. In fact, the main question revolves around the duty of carrier/owner to perform transfer of cargo to another vessel. Such operation which is called “trans-shipment” or “transhipment” (in terms of the oil industry it is usually called “ship-to-ship” or “STS”) needs to be done carefully and with due diligence. In fact, the transshipment operation for various cargoes might be different as each cargo requires its own suitable equipment for transfer to another vessel, so this operation is often costly. Moreover, there is a considerable risk of collision between two vessels in particular in bulk carriers. Bulk cargo is also exposed to the shortage and partial loss in the process of transshipment especially during bad weather. Concerning tankers which carry oil and petrochemical products, transshipment, is most probably followed by sea pollution. On the grounds of the above consequences, the owners are afraid of being held responsible for such operation and are reluctant to perform in the relevant disputes. The main argument raised by them is that no regulation has recognized such duty upon their shoulders so any such operation must be done under the auspices of the cargo interests and all costs must be reimbursed by themselves. Unfortunately, not only the international conventions including Hague rules, Hague-Visby Rules, Hamburg rules and Rotterdam rules but also most domestic laws are silent in this regard. The doctrine has yet to analyse the issue and no legal researches was found out in this regard. A qualitative method with the concept of interpretation of data collection has been used in this paper. The source of the data is the analysis of regulations and cases. It is argued in this article that the paramount rule in the maritime law is “the accomplishment of the voyage” by the carrier/owner in view of which, if the voyage can only be finished by transshipment, then the carrier/owner will be responsible to carry out this operation. The duty of carrier/owner to apply “due diligence” will strengthen this reasoning. Any and all costs and expenses will also be on the account pf the owner/carrier, unless the incident is attributable to any cause arising from the cargo interests’ negligence.

Keywords: cargo, STS, transshipment, vessel, voyage

Procedia PDF Downloads 82

Authors: Siu-Siu Guo, Qingxuan Shi

Abstract:

In this paper, single-degree-of-freedom (SDOF) systems to white noise and colored noise excitations are investigated. By expressing colored noise excitation as a second-order filtered white noise process and introducing colored noise as an additional state variable, the equation of motion for SDOF system under colored noise is then transferred artificially to multi-degree-of-freedom (MDOF) system under white noise excitations. As a consequence, corresponding Fokker-Planck-Kolmogorov (FPK) equation governing the joint probabilistic density function (PDF) of state variables increases to 4-dimension (4-D). Solution procedure and computer programme become much more sophisticated. The exponential-polynomial closure (EPC) method, widely applied for cases of SDOF systems under white noise excitations, is developed and improved for cases of systems under colored noise excitations and for solving the complex 4-D FPK equation. On the other hand, Monte Carlo simulation (MCS) method is performed to test the approximate EPC solutions. Two examples associated with Gaussian and non-Gaussian colored noise excitations are considered. Corresponding band-limited power spectral densities (PSDs) for colored noise excitations are separately given. Numerical studies show that the developed EPC method provides relatively accurate estimates of the stationary probabilistic solutions. Moreover, statistical parameter of mean-up crossing rate (MCR) is taken into account, which is important for reliability and failure analysis.

Keywords: filtered noise, narrow-banded noise, nonlinear dynamic, random vibration

Procedia PDF Downloads 200

Authors: Konstantine Eristavi

Abstract:

The paper will contribute to the discussion on the pitfalls, limits, and possibilities of legal and rights discourse in opposing large infrastructural projects in the context of neoliberal globalisation. To this end, the paper will analyse the struggle against the Namakhvani HPP project in Georgia. The latter has been hailed by the government as one of the largest energy projects in the history of the country, with an enormous potential impact on energy security, energy independence, economic growth, and development. This takes place against the backdrop of decades of market-led -or neoliberal- model of development in Georgia, characterised by structural adjustments, deregulation, privatisation, and Laissez-Fair approach to foreign investment. In this context, the Georgian state vies with other low and middle-income countries for foreign capital by offering to potential investors, on the one hand, exemptions from social and environmental regulations and, on the other hand, huge legal concessions and safeguards, thereby participating in what is often called a “race to the bottom.” The Namakhvani project is a good example of this. At every stage, the project has been marred with violations of laws and regulations concerning transparency, participation, social and environmental regulations, and so on. Moreover, the leaked contract between the state and the developer reveals the contractual safeguards which effectively insulate the investment throughout the duration of the contract from the changes in the national law that might adversely affect investors’ rights and returns. These clauses, aimed at preserving investors' economic position, place the contract above national law in many respects and even conflict with fundamental constitutional rights. In response to the perceived deficiencies of the project, one of the largest and most diverse social movements in the history of post-soviet Georgia has been assembled, consisting of the local population, conservative and leftist groups, human rights and environmental NGOs, etc. Crucially, the resistance movement is actively using legal tools. In order to analyse both the limitations and possibilities of legal discourse, the paper will distinguish between internal and immanent critiques. Law as internal critique, in the context of the struggles around the Namakhvani project, while potentially fruitful in hindering the project, risks neglecting and reproducing those factors -e.g., the particular model of development- that made such contractual concessions and safeguards and concomitant rights violations possible in the first place. On the other hand, the use of rights and law as part of immanent critique articulates a certain incapacity on the part of the addressee government to uphold existing laws and rights due to structural factors, hence, pointing to a need for a fundamental change. This 'ruptural' form of legal discourse that the movement employs makes it possible to go beyond the discussion around the breaches of law and enables a critical deliberation on the development model within which these violations and extraordinary contractual safeguards become necessary. It will be argued that it is this form of immanent critique that expresses the emancipatory potential of legal discourse.

Keywords: law, resistance, development, rights

Procedia PDF Downloads 56

Authors: T. Vikneshvaran, A. Aminudin, U. Alyaa Hashim, Waziralilah N. Fathiah, D. Shakirah Shukor

Abstract:

This paper presents the experimental study conducted on a structure of three-floor height building model. Most vibrations are undesirable and can cause damages to the buildings, machines and people all around us. The vibration wave from earthquakes, construction and winds have high potential to bring damage to the buildings. Excessive vibrations can result in structural and machinery failures. This failure is related to the human life and environment around it. The effect of vibration which causes failure and damage to the high rise buildings can be controlled in real life by implementing tuned mass damper (TMD) into the structure of the buildings. This research aims to study the effect and performance improvement achieved by applying TMD into the building structure. A structure model of three degrees of freedom (3DOF) is designed to demonstrate the performance of TMD to the designed model. The model designed is the physical representation of actual building structure in real life. It is constructed at a reduced scale and will be used for the experiment. Thus, the result obtained will be more accurate to compared with the real life effect. Based on the result from experimental study, by applying TMD to the structure model, the forces of vibration and the displacement mode of the building reduced. Thus, the reduced in vibration of the building helps to maintain the good condition of the building.

Keywords: degrees-of-freedom, displacement mode, natural frequency, tuned mass damper

Procedia PDF Downloads 309

Authors: Jocelyn Lachance, Francis Jauréguiberry

Abstract:

In a few years, the exceptionality of the situation of an individual who could be reached at any time and at any time was replaced by the normality of instantly hearing the voice or immediately seeing the face of the person. This participates in the transformation of our representations of time and space, which gives rise to new expectations. Expectations that parents formulate more or less clearly to their children. The obligation to remain reachable seems to be asserting itself as a general norm which, having imposed itself on adults, now extends to the youngest. In the case of parents and their children, the rationale for this ongoing connection is not always based on actual and imminent dangers. It is the potential for dangerous events that underpins the indisputable argument for the importance of remaining reachable. It is the contingent nature of the risks that imposes itself on these young people as an argument of authority. By entering this connected world, the younger generations also end up adhering in many cases to this reassuring standard of connection. Many teenagers in ours researches nonetheless firmly believe that their freedom of movement is subject to the obligation to carry their smartphone with them. In this way, a connection "pact" is generally established, concluded under pressure, which implies first and foremost that contact be possible at any time, hence the importance of keeping it within reach, and often of '' be attentive to calls and texts sent by parents, at the risk of losing a recently acquired freedom. In this context, if adolescents are growing up in a connected world today, it is also because of the connection the parents are expecting from them. In our conference, by evoking situations reported by teenagers and parents of teenagers during our surveys, we propose to think about the role of the parents in making their child connected and about the desire of the disconnection of the teens.

Keywords: connection, disconnection, smartphone, parents, ritual

Procedia PDF Downloads 167

Authors: Mónica Catarina Soares

Abstract:

Neoliberal rationality is currently changing the ways concepts like freedom or equality are framed. As an omnipresent and context-sensitive paradigm, homo oeconomicus is continuously taking place in realms of life previously insulated from economic and market-driven principles. This presentation is based on the argument that, more than ever, this paradigm is nowadays framing institutional and everyday discourses in regard to social problems. Although neoliberal rationality is based on the putative ideological basis that everyone is equal, equality seems to be reshaped by specific meanings apprehended by this rationality. In this sense, an illusion of equality seems to be relevant to legitimize different social inequalities (e.g., access to health care or to habitation). Political psychology has studied how ideology is relevant to legitimize market and unequal systems, but still the specific relation between markets, (in)equality and neoliberal languages is not widely addressed. The goal is to discuss the smithereens of the neoliberal rationality when it comes to legitimizing social inequalities by contesting the arguments of meritocracy, progressive freedom and minimal guarantees obeying to market-rules and principles. This analysis can be helpful to grasp for instance the continuously dismantlement of the welfare-state in different countries of the global north and how it is turning the regulation/emancipation tension inside out. The ultimate goal is to contribute to the breaking up of a paradigm that is still too big to capture, too depoliticized and chameleonic to fully acknowledge the biopolitics of power that is helping to create it.

Keywords: discourses, legitimacy, neoliberal rationality, social inequality

Procedia PDF Downloads 194

Authors: Alexander Zotov, Ilkin Osmanov, Emil Sakharov, Oleg Shelest, Aleksander Troitskiy, Robert Khabazov

Abstract:

Objective: Thoracoscopic surgical ablation of atrial fibrillation (AF) includes two technologies in performing of operation. 1st strategy used is the AtriCure device (bipolar, nonirrigated, non clamping), 2nd strategy is- the Medtronic device (bipolar, irrigated, clamping). The study presents a comparative analysis of clinical outcomes of two strategies in thoracoscopic ablation of AF using AtriCure vs. Medtronic devices. Methods: In 2 center study, 123 patients underwent thoracoscopic ablation of AF for the period from 2016 to 2020. Patients were divided into two groups. The first group is represented by patients who applied the AtriCure device (N=63), and the second group is - the Medtronic device (N=60), respectively. Patients were comparable in age, gender, and initial severity of the condition. Among the patients, in group 1 were 65% males with a median age of 57 years, while in group 2 – 75% and 60 years, respectively. Group 1 included patients with paroxysmal form -14,3%, persistent form - 68,3%, long-standing persistent form – 17,5%, group 2 – 13,3%, 13,3% and 73,3% respectively. Median ejection fraction and indexed left atrial volume amounted in group 1 – 63% and 40,6 ml/m2, in group 2 - 56% and 40,5 ml/m2. In addition, group 1 consisted of 39,7% patients with chronic heart failure (NYHA Class II) and 4,8% with chronic heart failure (NYHA Class III), when in group 2 – 45% and 6,7%, respectively. Follow-up consisted of laboratory tests, chest Х-ray, ECG, 24-hour Holter monitor, and cardiopulmonary exercise test. Duration of freedom from AF, distant mortality rate, and prevalence of cerebrovascular events were compared between the two groups. Results: Exit block was achieved in all patients. According to the Clavien-Dindo classification of surgical complications fraction of adverse events was 14,3% and 16,7% (1st group and 2nd group, respectively). Mean follow-up period in the 1st group was 50,4 (31,8; 64,8) months, in 2nd group - 30,5 (14,1; 37,5) months (P=0,0001). In group 1 - total freedom of AF was in 73,3% of patients, among which 25% had additional antiarrhythmic drugs (AADs) therapy or catheter ablation (CA), in group 2 – 90% and 18,3%, respectively (for total freedom of AF P<0,02). At follow-up, the distant mortality rate in the 1st group was – 4,8%, and in the 2nd – no fatal events. Prevalence of cerebrovascular events was higher in the 1st group than in the 2nd (6,7% vs. 1,7% respectively). Conclusions: Despite the relatively shorter follow-up of the 2nd group in the study, applying the strategy using the Medtronic device showed quite encouraging results. Further research is needed to evaluate the effectiveness of this strategy in the long-term period.

Keywords: atrial fibrillation, clamping, ablation, thoracoscopic surgery

Procedia PDF Downloads 81

Authors: Angela Odero, Chrysoula Karathanasi, Michèle Baumann

Abstract:

Integration of foreign communities has been a forefront issue in Luxembourg for some time now. The country’s continued progress depends largely on the successful integration of immigrants. The aim of our study was to analyze factors which intervene in the course of integration of Non-EU citizens through the discourse of Non-EU citizens residing in Luxembourg, who have signed the Welcome and Integration Contract (CAI). The two-year contract offers integration services to assist foreigners in getting settled in the country. Semi-structured focus group discussions with 50 volunteers were held in English, French, Spanish, Serbo-Croatian or Chinese. Participants were asked to talk about their integration experiences. Recorded then transcribed, the transcriptions were analyzed with the help of NVivo 10, a qualitative analysis software. A systematic and reiterative analysis of decomposing and reconstituting was realized through (1) the identification of predetermined categories (difficulties, challenges and integration needs) (2) initial coding – the grouping together of similar ideas (3) axial coding – the regrouping of items from the initial coding in new ways in order to create sub-categories and identify other core dimensions. Our results show that intervening factors include language acquisition, professional career and socio-cultural activities or events. Each of these factors constitutes different components whose weight shifts from person to person and from situation to situation. Connecting these three emergent factors are two elements essential to the success of the immigrant’s integration – the role of time and deliberate effort from the immigrants, the community, and the formal institutions charged with helping immigrants integrate. We propose a theoretical model where the factors described may be classified in terms of how they predispose, facilitate, and / or reinforce the process towards a successful integration. Measures currently in place propose one size fits all programs yet integrative measures which target the family unit and those customized to target groups based on their needs would work best.

Keywords: integration, integration services, non-eu citizens, qualitative analysis, third country nationals

Procedia PDF Downloads 283

Authors: Emeka Thaddues Njoku

Abstract:

Since 2009, the Nigerian Government has established diverse counter-terrorism legislations and practices in response terrorism in North Eastern part of the country. However, these measures have hampered not only the ability of civil society organizations to sustain the autonomous spaces that define/locate them at the intersection between the state and public but also the balance between freedom and security. Hence, this study examines the various elements associated with the interface between the counter terrorism security framework of the government and the capacity of civil society organizations to carry out their mandates in Nigeria. In order to achieve this, the survey research of the ex-post facto type will be adopted using the multi-stage sampling technique. A total of two hundred (200) copies of questionnaire will be administered to members of the civil society organizations and 24 In-Depth Interviews (IDI) will be conducted for officials of security agencies, Ministry of Defence and operators of civil society organizations. Fifty respondents will be drawn from each civil society organisations in the areas of humanitarian assistance, human rights Advocacy, development-oriented, peace-building. Moreover, 24 interviewees drawn from the key members of the security agencies (6), Ministry of Defence (6) and 12 operators of civil society organizations-three respondents each will represent the four civil society organizations mentioned above. Also, secondary data will be used to complement In-depth Interview (IDI) sessions. All collected data will be coded and analysed using descriptive statistics of frequency counts and simple percentage in the Statistical Package for Social Science (SPSS). Content analysis will be used for the In-depth interview and secondary data.

Keywords: counter-terrorism, civil society organizations, freedom, terrorism

Procedia PDF Downloads 356

Authors: Muhammad Farooq

Abstract:

The present article explores the woman's consent as a paramount element in contracting a Muslim marriage. Also, whether permission of the wali (guardian) is a condition per se for a valid nikah (marriage deed) in the eye of law and Sharia. The researcher attempts to treat it through the related issues, inter alia; the marriage guardian, the women's legal capacity to give consent whether she is a virgin or nonvirgin and how that consent is to be given or may be understood. Does her laugh, tears or salience needs a legal interpretation as well as other female manifestations of emotion explained by the Muslim jurists? The silence of Muslim Family Law Ordinance 1961 (hereafter; MFLO 1961) in this regard and the likely reasons behind such silence is also inquired in brief. Germane to the theme, the various cases in which the true notion of woman's consent is interpreted by courts in Pakistan are also examined. In order to address the issue in hand, it is proposed to provide a brief overview of a few contemporary writers' opinions in which the real place of woman's consent in Muslim marriage is highlighted. Key to the idea of young Muslim woman's marriage, the doctrine of kafa'a (equality or suitability) between the man and woman is argued here to be grounded in the patriarchal and social norms. It is, therefore, concluded that such concept was the result of analogical reasoning and has less importance in the present time. As such it is not a valid factor in current scenarios to validate or invalidate marital bonds. A standard qualitative convention is used for this research. Among primary and secondary sources; for examples, Qur'an, Sunnah, Books, Scholarly articles, texts of law and case law is used to point out the researcher's view. In summation, the article is concluded with a bold statement that a young woman being a party to the contract, is absolutely entitled to 'full and free' consent for the Muslim marriage contract. It is the woman, an indispensable partaker and her consent (not the guardian' permission) that does validate or invalidate the said agreement in the eye of contemporary personal law and in Sharia.

Keywords: consent of woman, ejab (declaration), Nikah (marriage agreement), qabol (acceptance), sui juris (of age; independent), wali (guardian), wilayah (guardianship)

Procedia PDF Downloads 117

Authors: Hassan Parandvar, Mehrdad Farid

Abstract:

In this paper, a finite element modeling is presented for large amplitude vibration of functionally graded material (FGM) plates subjected to combined random pressure and thermal load. The material properties of the plates are assumed to vary continuously in the thickness direction by a simple power law distribution in terms of the volume fractions of the constituents. The material properties depend on the temperature whose distribution along the thickness can be expressed explicitly. The von Karman large deflection strain displacement and extended Hamilton's principle are used to obtain the governing system of equations of motion in structural node degrees of freedom (DOF) using finite element method. Three-node triangular Mindlin plate element with shear correction factor is used. The nonlinear equations of motion in structural degrees of freedom are reduced by using modal reduction method. The reduced equations of motion are solved numerically by 4th order Runge-Kutta scheme. In this study, the random pressure is generated using Monte Carlo method. The modeling is verified and the nonlinear dynamic response of FGM plates is studied for various values of volume fraction and sound pressure level under different thermal loads. Snap-through type behavior of FGM plates is studied too.

Keywords: nonlinear vibration, finite element method, functionally graded material (FGM) plates, snap-through, random vibration, thermal effect

Procedia PDF Downloads 235

Authors: Jamaludin Tarkim, Yoga Teguh Guntara, Maftuhah

Abstract:

Islamic leadership style is model of leadership style applied by the Prophet Muhammad SAW. Islamic leadership style is applied, namely Syura (deliberation), ‘Adl bil qisth (justice, with equality), and Hurriyyah al-kalam (freedom of expression) and along with the values of Islam in the Islamic leadership style. This research aims to gain an overview of the experience of Head Nurse in the implementation of Islamic leadership style. This research is a qualitative one with descriptive phenomenology design through in-depth interviews. Participants were occupied as Head Nurse at the Hospital room Syarif Hidayatullah, set directly (purposive) with the principle of suitability (appropriateness) and sufficiency (adequacy). Retrieval of data and research conducted during the month of June 2014. Data collected in the form of recording in-depth interviews and analysis with Collazi method. This research identified four themes Syura (deliberation);‘Adl bil qisth (justice, with equality); Hurriyyah al-kalam (freedom of expression) and along with the values of Islam in the Islamic leadership style. The results of this research can provide a review of the Head Room experience in the application of Islamic leadership style at Syarif Hidayatullah Hospital already skilled leadership during the process, but the application is still not maximized. Required further research on in-depth exploration of how to get more comprehensive results from room Head Nurse experience in the application of Islamic leadership style, as well as subsequent researchers can choose a wider scope and complex so get more complete data.

Keywords: experience, Islamic leadership style, head nurse, nursing management

Procedia PDF Downloads 147

Authors: Champa Gunawardana, Anishka Hettiarachchi

Abstract:

Conducive Architecture for learning environments is an area of interest for many scholars around the world. Loss of sense of hearing leads to the assumption that deaf students are visual learners. Comprehending favorable non-hearing attributes of architecture can lead to effective, rich and friendly learning environments for hearing impaired. The objective of the current qualitative investigation is to explore the nature and parameters of a sense of place of deaf children to support optimal learning. The investigation was conducted with hearing-impaired children (age: between 8-19, Gender: 15 male and 15 female) of Yashodhara deaf and blind school at Balangoda, Sri Lanka. A sensory ethnography study was adopted to identify the nature of perception and the parameters of most preferred and least preferred spaces of the learning environment. The common perceptions behind most preferred places in the learning environment were found as being calm and quiet, sense of freedom, volumes characterized by openness and spaciousness, sense of safety, wide spaces, privacy and belongingness, less crowded, undisturbed, availability of natural light and ventilation, sense of comfort and the view of green colour in the surroundings. On the other hand, the least preferred spaces were found to be perceived as dark, gloomy, warm, crowded, lack of freedom, smells (bad), unsafe and having glare. Perception of space by deaf considering the hierarchy of sensory modalities involved was identified as; light - color perception (34 %), sight - visual perception (32%), touch - haptic perception (26%), smell - olfactory perception (7%) and sound – auditory perception (1%) respectively. Sense of freedom (32%) and sense of comfort (23%) were the predominant psychological parameters leading to an optimal sense of place perceived by hearing impaired. Privacy (16%), rhythm (14%), belonging (9%) and safety (6%) were found as secondary factors. Open and wide flowing spaces without visual barriers, transparent doors and windows or open port holes to ease their communication, comfortable volumes, naturally ventilated spaces, natural lighting or diffused artificial lighting conditions without glare, sloping walkways, wider stairways, walkways and corridors with ample distance for signing were identified as positive characteristics of the learning environment investigated.

Keywords: deaf, visual learning environment, perception, sensory ethnography

Procedia PDF Downloads 208

Authors: Ali Mohammad Mobaser Azad, Alireza Akhlaghinia

Abstract:

Blockchain is changing our world and launching a new generation of decentralized networks. Meanwhile, Blockchain-based networks like Ethereum have been created and they will facilitate these processes using tools like smart contracts. The Ethereum has fundamental structures, each of which affects the activity of the nodes. Our purpose in this paper is to review similar research and examine various components to demonstrate the performance of the Ethereum network and to do this, and we used the data published by the Ethereum Foundation in different time spots to examine the number of changes that determine the status of network performance. This will help other researchers understand better Ethereum in different situations.

Keywords: blockchain, ethereum, smart contract, decentralization consensus algorithm

Procedia PDF Downloads 180

Authors: Hamed Azad, Azadeh M. Ardakani

Abstract:

Visual content, as an integral part of social media marketing, is growing dramatically. They are, in different technological usage categories (i.e., photos, graphics, animation IGTV, Stories, Livestreams, and Reels), associated with improving customer engagement behaviours (CEBs) in social commerce (SC). However, few researchers have explored the impact of specific and occasional contents that respect green products, gender equality, religious freedom, and LGBTs' rights. This study aims to compare and analyse how the ten best global brands (Interbrand's) in different categories communicate with customers on Instagram. Netnography approach and method used to conduct the data collection and data analysis of 1072 Instagram posts and 10494 comments. The results show that brands in fashion, sport, and homeware categories (H&M, Nike, and Ikea) emerge to use more effective content with the above global values elements than other brand categories. Findings also indicate that some different themes such as celebrities, models, pets, kids, aged and disabled people are part of visual management strategies on Instagram brands' pages. This research aims to inform researchers to consider all aspects of visual elements in content quality and marketing managers to increase brand optimisation, awareness, and authenticity by promoting contemporary world values on Instagram.

Keywords: green products, gender equality, religious freedom, LGBTs, Instagram, netnography

Procedia PDF Downloads 100

Authors: Muhammad Arzim Naim, Saiful Azhar Rosly, Mohamad Sahari Nordin

Abstract:

The objective of this study is to investigate the factors affecting the rise of Shariah non-compliance risk that can bring Islamic banks to succumb to monetary loss. Prior literatures have never analyzed such risk in details despite lots of it arguing on the validity of some Shariah compliance products. The Shariah non-compliance risk in this context is looking to the potentially failure of the facility to stand from the court test say that if the banks bring it to the court for compensation from the defaulted clients. The risk may also arise if the customers refuse to make the financing payments on the grounds of the validity of the contracts, for example, when relinquishing critical requirement of Islamic contract such as ownership, the risk that may lead the banks to suffer loss when the customer invalidate the contract through the court. The impact of Shariah non-compliance risk to Islamic banks is similar to that of legal risks faced by the conventional banks. Both resulted into monetary losses to the banks respectively. In conventional banking environment, losses can be in the forms of summons paid to the customers if they won the case. In banking environment, this normally can be in very huge amount. However, it is right to mention that for Islamic banks, the subsequent impact to them can be rigorously big because it will affect their reputation. If the customers do not perceive them to be Shariah compliant, they will take their money and bank it in other places. This paper provides new insights of risks faced by credit intensive Islamic banks by providing a new extension of knowledge with regards to the Shariah non-compliance risk by identifying its individual components that directly affecting the risk together with empirical evidences. Not limited to the Islamic banking fraternities, the regulators and policy makers should be able to use findings in this paper to evaluate the components of the Shariah non-compliance risk and make the necessary actions. The paper is written based on Malaysia’s Islamic banking practices which may not directly related to other jurisdictions. Even though the focuses of this study is directly towards to the Bay Bithaman Ajil or popularly known as BBA (i.e. sale with deferred payments) financing modality, the result from this study may be applicable to other Islamic financing vehicles.

Keywords: Islamic banking, Islamic finance, Shariah Non-compliance risk, Bay Bithaman Ajil (BBA), principal axis factoring

Procedia PDF Downloads 275

Authors: Girma Y. Iyassu Menelik

Abstract:

“The world is now like a global village!” so goes the saying that shows that due to development and technology the countries of the world are now closely linked. In the field of Human rights there is a close relationship in the way that rights are recognised and enforced. This paper will show that human rights have evolved from ancient times through important landmarks such as the Magna Carta, the French Declaration of Rights of Man and of the Citizen and the American Bill of Rights. The formation of the United Nations after the Second World War resulted in the need to codify and protect human rights. There are some rights which are so fundamental that they are found in international and continental instruments, national constitutions and domestic legislation. In the civil and political sphere they include the right to vote, to freedom of association, speech and assembly, right to life, privacy and fair trial. In the economic and social sphere you have the right to work, protection of the family, social security and rights to education, health and shelter. In some instance some rights can be suspended in times of public emergency but such derogations shall be circumscribed by the law and in most constitutions such limitations are subject to judicial review. However, some rights are so crucial that they cannot be derogated from under any circumstances and these include the right to life, recognition before the law, freedom from torture and slavery and of thought, conscience and religion. International jurisprudence has been developed to protect fundamental rights and avoid discrimination on the grounds of race, colour, sex, language or social origin. The elaborate protection system go to show that these rights have become part of the international order and they have universal application. We have now got to a stage where UDHR, ICCPR and ICESCR and have come to be regarded as part of an international bill of rights with horizontal and vertical enforcement mechanisms involving state parties, NGO’s , international bodies and other organs.

Keywords: rights, international, constitutional, state, judiciary

Procedia PDF Downloads 421

Authors: Carolina Alcântara, Ileno Costa

Abstract:

This study had the objective to systemize the main psycho-social and socioeducational aspects that related with the psychic suffering of adolescents in conflict of law and freedom privation. This research wanted to verify the signals and symptoms identified trough themselves perceptions related to their condition of health/insanity. In a similar way, it was objectified to know the opinions of the ambient conditions of the institution the use of the currently available resources for Health Service and Educational Service. The methodological proposal is based on the quant-qualitative analysis of interviews half-structuralized carried through with 36 teenagers was using psychiatric medication continuously. The data had pointed the experiences of sleeplessness and nightmares, associates or not with experiences of loss of reality (hallucinations) had constituted the illness most frequent. The self-punishment behavior appeared at second place. With regard to the ambient factors, it was verified that institution had, in general way, guaranteed the physical integrity and the maintenance of the health. Amongst the current available resources of Health Service, the administration of anticonvulsivants, in association with other psychotropic drugs has been widely used. The school was viewed as important device of available in the institution. By means of the adolescent’s understanding who do not like to go to the school, they don’t disqualify the knowledge, in contrast, they wanted for knowledge, however, they were frustrated for not having their educational supplies adequately, affirming that the school is weak or they do not learn. Finally, among the possible conclusions guided for the Winnicott’s thought, it was observed that institution in analysis is a representative of the paternal function. However, to begin the self-cure process is necessary that formation of therapeutical bonds. The group of teachers is identified as the main tool of change.

Keywords: serious psychic suffering, adolescent in conflict with the law, delinquency, privation of freedom

Procedia PDF Downloads 218

Authors: Guanqun Shi, Xueqing Zhang

Abstract:

The frequent occurrence of failures in PPP projects which caused great loss has raised attention from the government as well as the concessionaire. PPPs are complex arrangements for its long operation period and multiple players. Many types of risks in PPP projects may cause the project fail. The insurance is an important tool to transfer the risks. Through a comparison and analysis of international government PPP guidelines and contracts as well as the case studies worldwide, we have identified eight main insurance principles, discussed thirteen insurance types in different stages. An overall procedure would be established to improve the practices in PPP projects.

Keywords: public private partnerships, insurance, contract, risk

Procedia PDF Downloads 253