Search results for: international refugee laws

Authors: Nandini Paliwal

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Since aviation industry is one of the fastest growing sectors of the world economy, states depend on the air transport industry to maintain or stimulate economic growth. It significantly promotes and contributes to the economic well-being of every nation as well as world in general. Because of the continuous and rapid growth in civil aviation, it is inevitably leading to congested skies, flight delays and most alarmingly, a decrease in the safety of air navigation facilities. Safety is one of the most important concerns of aviation industry that has been unanimously recognised across the whole world. The available capacity of the air navigation system is not sufficient for the demand that is being generated. It has been indicated by forecast that the current growth in air traffic has the potential of causing delays in 20% of flights by 2020 unless changes are brought in the current system. Therefore, a safe, orderly and expeditious air navigation system is needed at the national and global levels, which, requires the implementation of an air traffic management (hereinafter referred as ‘ATM’) system to ensure an optimum flow of air traffic by utilising and enhancing capabilities provided by technical advances. The objective of this paper is to analyse the applicability of national regulations in case of liability arising out of air traffic management services and whether the current legal regime is sufficient to cover multilateral agreements including the Single European Sky regulations. In doing so, the paper will examine the international framework mainly the Article 28 of the Chicago Convention and its relevant annexes to determine the responsibility of states for providing air navigation services. Then, the paper will discuss the difference between the concept of responsibility and liability under the air law regime and how states might claim sovereign immunity for the functions of air traffic management. Thereafter, the paper will focus on the cross border agreements including the bilateral and multilateral agreements. In the end, the paper will address the scheme of Single European Sky and the need for an international convention dealing with the liability of air navigation service providers. The paper will conclude with some suggestions for unification of the laws at an international level dealing with liability of air navigation service providers and the requirement of enhanced co-operation among states in order to keep pace with technological advances.

Keywords: air traffic management, safety, single European sky, co-operation

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Authors: Maria-Vittoria Carminati

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Conservations laws do not protect hybrids. From the United States’ Endangered Species Act to the European Union’s conservation policies to the International Union for the Conservation of Nature’s Red List, hybrids don’t get the benefit of human preservation efforts. This paper tests the hypothesis that this practice is a byproduct of the co-birth of eugenics and conservation as twin fields and that while the first has been discredited and abandoned, the latter still bears the marks of its unfortunate primordial association. The research explores historical perspectives from so-called conservation luminaries such as Madison Grant, Ernst Mayr, and Charles Davenport and sheds light on how these influences continue to shape contemporary conservation approaches. The paper provides a comprehensive analysis of the implications of these factors on biodiversity conservation and the ethical considerations surrounding hybrid species protection.

Keywords: conservation, hybridization, eugenics, speciation, evolution

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Authors: Shivam Dwivedi, Saumya Kapoor

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The Israeli Supreme Court in Public Committee against Torture in Israel v. Government of Israel observed the presence of non-state actors in cross-border terrorist activities thereby making the role of non-state actors in terrorism the center of discussion under the scope of International Humanitarian Law. Non-state actors and their role in a conflict have also been traversed upon by the Tadic case decided by the International Criminal Tribunal for the former Yugoslavia. However, there still are lacunae in International Humanitarian Law when it comes to determining the nature of a conflict, especially when non-state groups act within the ambit of various states, for example, Taliban in Afghanistan or the groups operating in Ukraine and Georgia. Thus, the objective of writing this paper would be to observe the ways by which non-state actors particularly terrorist organizations could be brought under the ambit of Additional Protocol I. Additional Protocol I is a 1977 amendment protocol to the Geneva Conventions relating to the protection of victims of international conflicts which basically outlaws indiscriminate attacks on civilian populations, forbids conscription of children and preserves various other human rights during the war. In general, the Additional Protocol I reaffirms the provisions of the original four Geneva Conventions. Since provisions of Additional Protocol I apply only to cases pertaining to International Armed Conflicts, the answer to the problem should lie in including the scope for ‘transnational armed conflict’ in the already existing definition of ‘International Armed Conflict’ within Common Article 2 of the Geneva Conventions. This would broaden the applicability of the provisions in cases of non-state groups and render an international character to the conflict. Also, the non-state groups operating or appearing to operate should be determined by the test laid down in the Nicaragua case by the International Court of Justice and not under the Tadic case decided by the International Criminal Tribunal for Former Yugoslavia in order to provide a comprehensive system to deal with such groups. The result of the above proposal, therefore, would enhance the scope of the application of International Humanitarian Law to non-state groups and individuals.

Keywords: Geneva Conventions, International Armed Conflict, International Humanitarian Law, non-state actors

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Authors: Yoel Agustheo Rinding

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Globalization has made physical borders between countries become more obscure. Due to the free flow of information between countries, issue for instance, environment has become global concern. The concern has grown as the result of endless campaign made by most of the non-governmental organizations (NGOs). By means of this situation, international voluntary initiatives on environmental issues have appeared to be popular among world’s society today especially for youth. AIESEC as international non-governmental organization (INGO) through IGreen Project has initiated environmental international voluntary initiatives concerning in environmental awareness of Bandung’s citizen. Bandung itself is still struggling on solving flood as one of its major problems regardless the fact that Bandung is one of the most developed cities in Indonesia. This paper would like to discuss on how globalization affects AIESEC as an INGO in order to spread its influence and also on how it could build international voluntary initiatives networks. Afterwards, author would like to elaborate how both AIESEC and youth perceive the importance of international voluntary initiatives by using cosmopolitanism approach. In order to get a deep understanding of how this activity works, this paper also would like to explain regarding the management, expected outcomes, and the real impacts of IGreen project towards Bandung. In the end of this paper, author would like to propose solutions on how to utilize international voluntary initiatives as a solution for environmental issues nowadays.

Keywords: AIESEC, cosmopolitanism, environmental issues, globalization, IGreen project, international environmental voluntary initiatives, INGO, youth

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Authors: Michaels Aibangbee, Sowbhagya Micheal, Pranee Liamputtong, Elias Mpofu, Tinashe Dune

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Background: The challenges migrants and refugee youth (MRY) experience in maintaining their sexual and reproductive health and rights (SRHR) continues to be a global public health issue. Consequently, MRY is more likely to encounter adverse SRH experiences due to limited access to and knowledge of SRH services. Using a socio-ecological framework, this study examined the MRY’s SRHR micro-level experiences to macro-levels analyses of SRH-related social systems and constructions. Methods: Eighteen focus groups were conducted using participatory action research (PAR) methodology to understand the phenomena. The focus groups included MRY participants (ages 16-26) living in Greater Western Sydney and facilitated by youth project liaisons (YPL). The data was afterward synthesised and analysed using the thematic-synthesis method. Results: In total, 86 MRY (male n= 25, female n= 61) MRY (across 20 different cultural backgrounds) participated in the focus groups. The findings identified socio-ecological factors characterising MRY SRHR, highlighting facilitators such as social media and significant barriers such as lack of access to services and socio-cultural dissonance, and the under-implementation of SRHR support and services by MRY. Key themes from the data included traditional and institutional stigma, lack of SRH education, high reliance on social media for SRH information, anonymity, and privacy concerns. Conclusion: The data shows a limited extent to which MRY SRHR is considered and the intergenerational understanding and stigma affecting the rights of MRY. Therefore, these findings suggest a need for policies and practices to empower MRY’s agency through a collaborative SRHR strategy and policy design to maintain relevance in multicultural contexts.

Keywords: migrant and refugee youth, sexual health, reproductive health, sexual and reproductive health and rights, culture, agency

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Authors: J. D. Temperman

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Introduction: In particular, in relation to religion, the meaning and scope of freedom of expression have been tested in recent times. This paper investigates the legal justifications for restrictions that have been suggested in this area and asks whether they are sustainable from an international human rights perspective. The universal human rights instruments, particularly the UN International Covenant on Civil and Political Rights (ICCPR), are increasingly geared towards eradicating ‘incitement’ to contingent harms like violence or discrimination, whilst forms of extreme speech that fall short of such incitement are to be protected rather than countered by states. Human Rights Committee’s draft-General Comment on freedom of expression, adopted in 2011, provides another strong indication that this is the envisaged way forward: repealing anti-blasphemy and anti-religious defamation laws, whilst simultaneously increasing efforts to combat ‘incitement’. Within regional human rights frameworks, notably the European Convention system, judgments have in fact supported legal restrictions on both hate speech, holocaust denial, and blasphemy or religious defamation. Major contributions to scholarship: This paper proposes an actus reus for the offense of ‘advocacy of religious hatred that constitutes incitement to discrimination or violence’, as enshrined in Article 20(2) of the UN ICCPR. In underscoring the high threshold of ‘incitement’, the author distinguishes this offense from such notions as ‘blasphemy’ or ‘defamation of religions’. In addition to treating the said provision as a sui generis prohibition, the question is addresses whether a ‘right to be protected against incitement’ may be distilled from the ICCPR. Furthermore, the author will discuss the question of how to judge incitement; notably, is mens rea required to convict someone of incitement, and if so, what degree of mens rea? This analysis also includes the question how to balance content and context factors when addressing alleged instances of incitement, notably what factors make provide for a likelihood that imminent acts of violence or discrimination will ensue from an inciteful speech act? Methodology: This paper takes a double comparative approach: (i) it endeavours to compare and contrast monitoring bodies’ approach to incitement (notably, the UN Human Rights Committee, but also the UN Committee on the Elimination of Racial Discrimination which monitors states’ compliance with Article 4 of ICERD on incitement); and (ii) it endeavours to chart and compare and analyse from an international human rights perspective recent forms of state practice in the field of dealing with incitement (i.e. a comparative legal analysis and vertical human rights analysis of newly emerging incitement legislation in the light of the said international standards). Conclusion: This paper conceptualizes a legal notion – ‘incitement’ – encapsulated in international human rights law that may have a profound bearing on contemporary challenges of radicalization and religious strife.

Keywords: incitement, international human rights law, religious hatred, violence

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Authors: Pui Yong Leo, Normy Maziah Mohd Said

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Change of global economy landscape and business environment has led to companies’ decision to go global and enter international markets. As the companies go beyond the comfort zone (i.e. investing in the home country), it is important to ensure a comprehensive risk assessment is carried out. This paper describes a standardized approach for international investment, ensuring identification of risk, risk appetite, risk rating, risk treatment and mitigation plans for respective international investment proposal. The standardized approach is divided into three (3) stages as follows: Stage 1 – Preliminary Risk profiling; with the objective to gauge exposure to countries and high level risk factors as first level assessment. Stage 2 – Risk Parameters; with the objective to define risk appetite for the international investment from the perspective of likelihood and impact. Stage 3 – Detailed Risk Assessments; with the objectives to assess in detail any triggered elements from Stage 1, and project specific risks. The final output will include the mitigation plans for the identified risks for the total investment. Example will be given in this paper to show how comprehensive risk assessment is carried out for an international investment in power energy sector.

Keywords: international investment, mitigation plans, risk appetite, risk assessment

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Authors: Ukhtie Nantika Mena, Ahmad Juntika Nurihsan, Ilfiandra

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This study aims to explore perspective on Foreign Language Classroom Anxiety (FLCA) of an international student. Descriptive narrative is used to discover written and spoken responses from the student. An online survey was employed as a secondary data to identify the level of FLCA among six UPI international students. A student with the highest score volunteered to be interviewed. Several symptoms were found; lack of concentration, excessive worry, fear, unwanted thoughts, and sweating. The results showed that difficulties to understand lecturers' correction, presentation, and fear of getting left behind are three major causes of his anxiety.

Keywords: foreign language classroom anxiety, FLCA, international students, language anxiety

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Authors: Kimberley Kershaw, Denis Hyams-Ssekasi

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Although there is a wealth of information about refugees and Asylum seekers, Refugee job opportunities continue to be one of the most hotly contested areas and less researched within the social sciences. Refugees are a vital asset in the society due to their experiences, skills, and competences. However, society perceives them differently, and as such, their prior lived experiences are often underutilised. This research study gleans from the work conducted during the Refugee Employment Support Clinic delivered for 12 weeks within a University setting in the North West of England. The study is conducted using three perspectives, refugees, students, and researchers, allowing for identification of the challenges encountered by the refugees concerning job opportunities. Through the utilisation of the qualitative research method, the study has found that refugees experience a wide range of issues unrelated to their skills, prior experience, and education but rather due to the red tapes connected to their legal identity labelling. Refugees struggle to build reliable employment networks that appreciate and acknowledge their capabilities and talents, impacting their ability to navigate the labour market and classism. Notably, refugees are misunderstood within their new societies, and little care is taken to understand the unique struggles they face with respect to securing paid work in their industry or field of work due to their lack of experience in the UK. Unlike other European countries, it is evident that the UK has no strategic approach to enhancing the chances of paid or voluntary work for refugees. A clinic like this provided lenses for comprehending how refugees can be better supported with employment related opportunities. By creating a safe and conducive platform for honest and open discussion about employment and through collaborative approaches with local community agencies, doors were opened for social and professional networks to be built. The study concluded that there is a need for local communities and education establishments to be more aware of the prevailing challenges and in a position to support at all stages of their asylum claim in order for the perceptions of distrust and uncertainty around refugees to be minimised.

Keywords: refugees, employment, community, classism, education

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Authors: Zilola Kozimova

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Humans are highly social creatures, and our social surroundings create a large part of our daily experiences. Feeling connected and belonging at school have been studied a lot, especially in the period up to college. The need to feel connected becomes even more vital when people choose to study abroad. The number of published research in the field has increased recently, creating sufficient studies for a systematic literature review. The current study was conducted to find out existing trends and central themes in the field regarding international student connectedness. Using PRISMA 2020 and Shariff et al.’s work as the guidelines, I conducted a systematic literature review of studies regarding international student connectedness in higher education. Three steps of inclusion/exclusion criteria were used to determine the final studies to be included. The results show an increasing trend in the field as the number of related studies drastically rose after 2017. the results showed that there are three phases in the research regarding the connectedness of international students: a rejection period, a sudden increase of interest in the topic, and merging as an essential part of the mental well-being of international students. There is also a change in the themes regarding the topic, as there is a rise in the number of research published regarding international students’ mental health in recent years, connectedness being a sub-topic.

Keywords: international students, connectedness, mental well-being of international students, trends, higher education

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Authors: Tanimola Kazeem Abiodun

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In the paper, attempt was made to investigate the impact of international trade on economic growth at the disaggregate level both from the theoretical and economic angle. The study in its contribution examines this impact at the disaggregated level. To this end, a hypothesis was formulated to investigate the short ?run and long run impact of international trade on growth in the country. In the econometrics investigation that follow, international trade was disaggregated to export and imports and their short run and long run effect on growth was examined. Also, the aggregate international trade was also investigated to see the long run effects of its own growth. The results of the findings indicate that; both export and import impact significantly to growth in the short run. The long-run impact of export on growth was found to be positive, significant and stable both. Engle-Granger co integration test and error correlation mechanism were applied to these long run relationships. For the import, while the short run was found to be positive and significant on its impact on growth, the long run relationship was found to be negative but not significant. Therefore, it is thus recommended among others that the country should engage more on export promotion drives.

Keywords: international trade, disaggregated, import, export, econometrics, trade, economic growth, foreign trade, import, export

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Authors: Yustina Trihoni Nalesti Dewi

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

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

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Authors: Sazzad Hossain Talukder

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Survival in the competitive international market with unforeseen environmental contingencies has always been a concern of the firms that led to adopting different strategies to deal with different situations. Language strategy is considered to enhance the international performance of a firm by organizing language diversity and fostering communications within and outside the firm. Yet there is a lack of theoretical attention or model development on the role of language strategy on firm international survival. From resource dependence perspective, the adoption of language strategy and its relationship with firm survival are determined by the firm´s capability to prevent dependency concentration and/or increase relative power on the external environment. However, the impact of language strategy on firm survival is complex and multifaceted as the strategy influence firm performance indirectly through communication, coordination, learning and value creation. The evidence of various types of language strategies and different forms of firm survival also bring in complexities to understand the effects of a language strategy on the international survival of a firm. Based on language literatures and resource dependence logic, certain propositions are developed to conceptualize the relationship between language strategy and firm international survival in this conceptual paper. For the purpose of this paper, a conceptual model is proposed to examine how different kinds of language strategy foster reduction of resource dependency that lead to firm international survival in respond to local responsiveness and global integration. In this proposed model, it is theorized that language strategy has a positive relationship with the international survival of the firm, as the strategy is likely to reduce external resource dependency and increase the ability to continue independent operations both in short and long term.

Keywords: language strategy, language diversity, firm international survival, resource dependence logic

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Authors: Odoh Ben Uruchi

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Information Technology is an outcome of the nexus between the computer technology and the communication technology which has grown as silver fiber in Nigeria. Information Technology represents the fourth generation of human communication after sight, oral and written communications. The internet, as with all path-breaking technological developments gives us all the ample privileges to act as a global community; advertise and operate across all frontiers; over boarders and beyond the control of any government. The security concerns, computer abuse and the side effects of this technology have moved to the forefront of the consciousness of law enforcement agencies. Unfortunately, Nigeria is one of the very few countries in the world to have not legislated Cyber Laws, although several unsuccessful attempts have been made in recent times at providing the legal framework for regulating the activities in Nigerian cyberspace. Traditional legal systems have led to great difficulty in keeping pace with the rapid growth of the internet and its impact throughout Nigeria. The only existing legal frameworks are constantly being challenged by technological advancement. This has created a need to constantly update and adapt the way in which we organize ourselves as Legal Practitioners in order to maintain overall control of its domestic and national interests. This paper seeks to appraise the challenges facing the legal profession in Nigeria because of want of Cyber Laws. In doing this, the paper shall highlight the loopholes in the existing laws and recommends the way forward.

Keywords: information technology, challenges, legal profession, Nigeria

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Authors: Francesca Giliberto

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Heritage and culture, in general, plays a central role in addressing the complexity and broad variety of global development challenges, ranging from environmental degradation and refugee and humanitarian crisis to extreme poverty, food insecurity, persisting inequalities, and unsustainable urbanisation, just to mention some examples. Nevertheless, the potential of harnessing heritage to address global challenges has remained largely under-represented and underestimated in the most recent international development agenda adopted by the United Nations in 2015 (2030 Agenda). Among the 17 sustainable development goals (SDGs) and 169 associated targets established, only target 11.4 explicitly mentions heritage, stating that efforts should be strengthened “to protect and safeguard the world’s cultural and natural heritage in order to make our cities safe, resilient, and sustainable”. However, this global target continues to reflect a rather limited approach to heritage for development. This paper will provide a critical reflection on the contribution that using (tangible and intangible) heritage in international research can make to tackling global challenges and supporting the achievement of all the SDGs. It will present key findings and insights from the heritage strand of PRAXIS, a research project from the University of Leeds, which focuses on Arts and Humanities research across 300+ projects funded through the Global Challenges Research Fund and Newton Fund. In particular, this paper will shed light on successful practices and lessons learned from 87 research projects funded through the Global Challenges Research Fund and Newton Fund portfolios in 49 countries eligible for Official Development Assistance (ODA) between 2014 and 2021. Research data were collected through a desk assessment of project data available on UKRI Gateway to Research, online surveys, and qualitative interviews with research principal investigators and partners. The findings of this research provide evidence of how heritage and heritage research can foster innovative, interdisciplinary, inclusive, and transformative sustainable development and the achievement of the SDGs in ODA countries and beyond. This paper also highlights current challenges and research gaps that still need to be overcome to rethink current approaches and transform our development models to be more integrated, human-centred, and sustainable.

Keywords: global challenges, heritage, international research, sustainable development

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Authors: Hao Li, Guy Y. Cornejo Maceda, Yiqing Li, Jianguo Tan, Marek Morzynski, Bernd R. Noack

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We propose an automated analysis of the flow control behaviour from an ensemble of control laws and associated time-resolved flow snapshots. The input may be the rich database of machine learning control (MLC) optimizing a feedback law for a cost function in the plant. The proposed methodology provides (1) insights into the control landscape, which maps control laws to performance, including extrema and ridge-lines, (2) a catalogue of representative flow states and their contribution to cost function for investigated control laws and (3) visualization of the dynamics. Key enablers are classification and feature extraction methods of machine learning. The analysis is successfully applied to the stabilization of a mixing layer with sensor-based feedback driving an upstream actuator. The fluctuation energy is reduced by 26%. The control replaces unforced Kelvin-Helmholtz vortices with subsequent vortex pairing by higher-frequency Kelvin-Helmholtz structures of lower energy. These efforts target a human interpretable, fully automated analysis of MLC identifying qualitatively different actuation regimes, distilling corresponding coherent structures, and developing a digital twin of the plant.

Keywords: machine learning control, mixing layer, feedback control, model-free control

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Authors: Ermal Xhelilaj

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International practice has revealed that many maritime conflicts have been initiated as a direct result of coastal states’ disagreements over maritime boundaries and other related maritime issues. These disagreements embrace relevant problematic matters reflecting international conflicts, which in order to prevent further escalation into international crises or even armed conflicts have to be legally resolved. The most challenging cases in international system involve regional or bilateral disputes regarding maritime boundaries delimitations between states, which may result in the activation of respective armed forces, considered crucial elements for the protection of territorial sovereignty. Taken under considerations the legal issues that Law of the Sea Convention (1982) reflects, including the legal provisions over disputes settlements, the importance of analyzing this paramount issue might be considered relevant at present. Therefore, this study will be focused in discussing legal and practical issues that concern the resolution of international maritime disputes seen from international relations point of view, by initially analyzing UN Convention on the Law of the Sea (UNCLOS 1982) relevant legal provisions, further discussing several notable cases over maritime boundaries delimitations as well as concluding with some recommendations related to this issue. The author is of the opinion that although the boundaries delimitation’s legal regime of UNCLOS reflects important standards for dispute settlements, yet considering the complex situation that represents this issue, relevant amendments might be necessary to be undertaken by international maritime organizations in order to further clarify the aforementioned legal matter.

Keywords: Law of the Sea, maritime conflicts, dispute settlements, international relations

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Authors: Jordan Deliversky

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Unlike all conventional forms of migration, migration crisis and migratory processes provide pressure to governments and are being expressed as different phenomenon in relation to nature and forms. The objective of this paper is to present the migration and refugee crisis as revealing numerous challenges faced by authorities responsible for the social and economic stability in Bulgaria as well as those providing conditions for reinforcement of the high level of national security in Bulgaria. The analysis is focused on exploring the multiple origins of factors influencing migration processes in Europe, in the light of the measures provided by the Bulgarian state authorities. The main results show that the society itself is facing the challenge of integrating refugees and migrants, so to be able to comply with the principles and values associated with tolerance to social, religious and cultural differences, and not allowing migrants to become marginalized community. Migration pressure creates a number of risks and threats to the Bulgarian national security. Our country has the capacity and resources to meet these potential threats, as a main factor for minimizing the risks to national security is the improvement of coordination and coherence of actions between various actors serving to the security sector.

Keywords: legislation, migrants, refugees, security, terrorism

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Authors: Brian Kristopher Cambra

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Millions of displaced families are seeking refuge in countries that are not their own due to war, violence, persecution, political unrest, and natural disasters. This global crisis is forcing researchers and practitioners to consider how refugees are coping with the trauma associated with their migration process. Effective therapeutic approaches are needed in a global effort to address the traumatic impact of forced migration. This meta-analytical study investigates the effectiveness of expressive therapeutic modalities, including play, art, music, sandplay, theatre, and writing therapies, in helping children and adolescents cope with refugee trauma. Seventeen pre-post and between-group comparison studies were analyzed using a random-effects model. The combined effect size for pre-post comparisons was medium (g = 0.58), whereas the combined effect size for between-group comparisons was small (g = 0.32). Overall, art therapy was found to be most effective in treating stress symptoms. Heterogeneity tests, however, suggest effect sizes cannot be interpreted as meaningful due to substantial variance. Nevertheless, findings of this meta-analysis indicate that expressive therapies may be among beneficial modalities to integrate with other trauma-informed approaches.

Keywords: expressive therapies, forced migration, meta-analysis, refugees, trauma

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Authors: Seane Mabitsela

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The Territory of Namibia was entrusted to South Africa as a Mandate under the League of Nations Covenant. After the dissolution of the League of Nations and the commencement of United Nations operations, South Africa's conception of its legal obligations under the mandate varied from those of other members of the United Nations. Because of that, the General Assembly requested the International Court of Justice for an Advisory Opinion on the international obligations of South Africa arising therefrom. The International Court of Justice declared that South West Africa was still a mandatory territory under the Covenant of the League of Nations. It also held that South Africa continued to transmit petitions from inhabitants of the territory, the supervisory functions to be exercised by the United Nations, to which the annual reports and the petitions were to be submitted. Subject to this judgement, the question of South West Africa remained a dispute relating to the mandate brought before the International Court of Justice against South Africa. The International Court of Justice and South Africa dispute reflected the nature of the Namibian inhabitants’ appeal for recognition at the United Nations.

Keywords: International Court of Justice, Namibia, petitions, United Nations

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Authors: Katherine Day

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Non-fiction genres (autobiographies and biographies, true stories and criticism, investigative journalism and narrative journalism) have enjoyed increasing sales in the English-language publishing territories over the last decade, but writing the tell-all or exposé is not without consequences: defamation laws cast a “chilling effect” by regarding reputation above publications with a public interest element. This is evident in the many publications that have been amended or pulped after publication. These communications, alterations and negotiations indicate that the threat of legal action forms part of the editorial decision-making around such publications, the presence of which could be attributed to strict defamation laws. In the UK and Australia, particularly, defamation law has proved notoriously biased in favour of plaintiffs. The legal obstacles have prompted law reform by way of section 4 of the UK Defamation Act, which allows for editorial assessment into whether the statement/s made are in the public interest; as of July 1st 2021, the NSW Government in Australia also implemented reforms to help steer the law towards more flexibility in the digital age – the most interesting of these developments for commercial publishing being the new ‘public interest’ defence (s 29A), which is modelled on the UK’s section 4 and which most states in Australia have now integrated into their respective state laws (Queensland, new South Wales, Victoria and South Australia, with the remaining states committing at a later date). This paper will outline and discuss the preliminary findings of a 1-year project that aims to explore how potentially litigious content is managed in unpublished non-fiction manuscripts in two countries identified as having strict defamation laws: Australia and the UK. Significantly, it expects to indicate the burden of current defamation laws on publishing practice and publishing outputs in these countries by interrogating in-house editorial processes and the likelihood of editorial management in a ‘post negotiation space’, where the activities and communication between authors and editors are reconstructed, if necessary, to correct the author/publisher power balance and affirm the business relationship. In doing so, the project asks: has the threat, explicit or implicit, of defamation action produced a significant chilling effect in trade non-fiction publishing in the UK and Australia?

Keywords: defamation, publishing, socio-legal, authorship, editing, literature

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Authors: K. Raghuwaiya, B. Sharma, J. Vanualailai

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This paper presents a set of artificial potential field functions that improves upon; in general, the motion planning and posture control, with theoretically guaranteed point and posture stabilities, convergence and collision avoidance properties of the general 3-trailer system in a priori known environment. We basically design and inject two new concepts; ghost walls and the distance optimization technique (DOT) to strengthen point and posture stabilities, in the sense of Lyapunov, of our dynamical model. This new combination of techniques emerges as a convenient mechanism for obtaining feasible orientations at the target positions with an overall reduction in the complexity of the navigation laws. Simulations are provided to demonstrate the effectiveness of the controls laws.

Keywords: artificial potential fields, 3-trailer systems, motion planning, posture

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Authors: Ashfaq M. Naikwadi

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Decided cases of medical negligence, mostly are not settled in the lower courts. Majority of them reach up to the apex courts. This is mostly due to different interpretations of the term medical negligence. After studying various cases of medical negligence it is found that in most of the cases the doctors/hospitals are not held liable. There are different interpretations of law concerning medical services. Globally the principles deciding medical negligence are same, viz. Legal duty of care - breach of that duty - direct causation resulting in damages. Since ordinary negligence is not punishable by law, doctors/hospitals have defenses to save themselves from liability. Complaints of negligence come to the courts whose judges mostly are not oriented with medical services or health sciences. Matters of medical negligence are decided on the basic principles of reasonableness and prudence or by relying on the expert’s opinion. Deciding reasonableness or prudence is a complex issue in case of medical services. Again expert opinion is also questionable as an expert in case of medical negligence is appointed from the same field and same faculty. There is a chance of favoritism to the doctor/hospital. The concept of vicarious liability is not widely applied to in many of the medical negligence cases. Established cases used as precedents were studied to understand the basic principles in deciding medical negligence. This paper evaluates the present criteria in interpreting medical negligence and concludes with suggesting reforms required to be made in deciding matters of medical negligence under the consumer laws.

Keywords: consumer, doctors, laws, medical negligence

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Authors: Shivani Yadav

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The paper will first elaborate on the concept of soft power as formulated by Joseph Nye, who argues that soft power is as important as hard power in international politics as it replaces coercion with non-coercive forms of co-optation and attraction. The central tenet of the paper is to extrapolate the continued relevance of soft power in international relations in the 21st century. It is argued that the relevance of soft power, in concurrence with hard power, is on the rise in the international system. This is found to be emanating out of two factors. First, the state-centric practice of international relations has expanded to allow other actors to participate in policymaking. This has led to the resources for power generation to become varied, largely move away from the control of governments, and to produce both hard and soft power attributes. Second, as the currency of coercive power seems to be devaluing in global politics, the role of intangible factors like soft power is getting more important in policymaking. The paper will then go on to elaborate on the critiques of the formulation of soft power from various perspectives, as well as the defenses to these critiques presented by soft power proponents. The paper will reflect on the continued relevance of soft power in international politics by giving the example of India, and how soft power has continued to serve its policy objectives over the years. It is observed that even as India is recognized as a rising superpower today, yet it has made a continuous effort in cultivating its soft power resources, which have proven to be its assets in furthering its foreign policy interests. In conclusion, the paper makes the point that soft power, in conjunction with hard power, will shape international politics in the coming times.

Keywords: foreign policy, India’s soft power, international politics, smart power, soft power

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Authors: Lizelle Ramaccio Calvino

Abstract:

Article 3 of the United Nations Convention on the Rights of Child states that 'The best interests of the child must be a top priority in all decisions and actions that affect children.' This stance is also echoed in terms of article 20 of the African Charter on the Rights and Welfare of the Child. South Africa, as a signatory of the aforesaid international and national conventions, constitutionalised the best interest of the child in terms of section 28(2) of the Republic of South Africa, 1996. Section 28(2) provides that '[A] child’s best interests are of paramount importance in every matter concerning the child.' The application of 'the best interests of the child' principle is consequently applicable in all fields of South African law, including matrimonial law. Two separate but equal Acts regulate civil marriages in South Africa, namely the Marriage Act 25 of 1961 and the Civil Union Act 17 of 2006. Customary marriages are regulated by the Recognition of Customary Marriages Act 120 of 1998. In terms of the Marriage Act and the Recognition of Customary Marriages Act, a minor may (provided he/she obtains the required consent) enter into a marriage. Despite the aforesaid, section 1 of the Civil Union Act categorically prohibits a minor from entering into a civil union. The article will first determine whether the ban of minors from entering into a civil union undermines the 'the best interests of the child' principle, and if so, whether it is in violation of the Constitution as well as international and national conventions. In addition, the article will critically analyse whether the application of the Marriage Act and the Civil Union Act (dual Acts) result in disparity within the South African marriage law framework, and if so, whether such discrepancy violates same-sex couples’ right (in particular a same-sex minor) to equality before the law and to have their dignity protected. The article intends, through the application of a qualitative research methodology and by way of a comparative analyses of international and domestic laws, consider whether a single well-defined structure such as the Dutch marriage law system would not be an improved alternative to address the existing paradox resulting from the application of an Act that undermines 'the best interest of the child' principle. Ultimately the article proposes recommendations for matrimonial law reform.

Keywords: best interests of the child, civil marriage, civil union, minor

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Authors: Baohua Yu

Abstract:

In line with wider tends in the expansion of international student mobility, the number of international higher degree research students has grown at a significant rate in recent years. In particular, Australia has become a hub for attracting international higher degree research students from around the world. However, research has identified that international higher degree research students often encounter a wide range of academic and socio-cultural challenges in adapting to their new environment. Moreover, this can have a significant bearing on their levels of satisfaction with their studies. This paper outlines the findings of a mixed method study exploring the experiences and perceptions of international higher degree research students in Australia. Findings revealed that IRHD students’ overall and academic satisfaction in Australia were highly related to each other, and they were strongly influenced by their learning and research, moderately influenced by co-national support and intercultural contact ability. Socio-cultural satisfaction seemed to belong to a different domain from academic satisfaction because it was explained by a different set of variables such as living and adaptation and intercultural contact ability. In addition, the most important issues in terms of satisfaction were not directly related to academic studies. Instead, factors such as integration into the community, interacting with other students, relationships with supervisors, and the provision of adequate desk space were often given the greatest weight. Implications for how university policy can better support international doctoral students are discussed.

Keywords: international higher degree research students, academic adaptation, socio-cultural adaptation, student satisfaction

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Authors: Jyh-Yang Wu, Sheng-Gwo Chen

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In this paper, we present a simple effective numerical geometric method to estimate the divergence of a vector field over a curved surface. The conservation law is an important principle in physics and mathematics. However, many well-known numerical methods for solving diffusion equations do not obey conservation laws. Our presented method in this paper combines the divergence theorem with a generalized finite difference method and obeys the conservation law on discrete closed surfaces. We use the similar method to solve the Cahn-Hilliard equations on evolving spherical surfaces and observe stability results in our numerical simulations.

Keywords: conservation laws, diffusion equations, Cahn-Hilliard equations, evolving surfaces

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Authors: Seongryong Kang, Woonjin Kim, Sungjoo Lee

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Under the environment of fierce competition and globalized economy, international technology collaboration has gained increasing attention as a way to improve innovation efficiency. While international technology transfer helps a firm to acquire necessary technology in a short period of time, it also has a risk; embedding external technology from overseas partners may cause a transaction cost due to the regional, cultural and language barriers, which tend to offset the benefits of such transfer. Though a number of previous studies have focused on the effects of technology in-transfer on firm performance, few have conducted in the context of international technology transfer. To fill this gap, this study aims to investigate the impact of international technology in-transfer on firm performance – both innovation and financial performance, with a particular emphasis on the diversity and intensity of such transfer. To do this, we adopted technology balance payment (TBP) data of Korean firms from 2010 to 2011, where an intermediate regression analysis was used to identify the intermediate effects of absorptive capacity. The analysis results indicate that i) the diversity and intensity of international technology transfer influence innovation performance by improving R&D capability positively; and ii) the diversity has a positive impact but the intensity has a negative impact on financial performance through the intermediation of R&D intensity. The research findings are expected to provide meaningful implications for establishing global technology strategy and developing policy programs to facilitate technology transfer.

Keywords: diversity, intensity, international technology acquisition, performance, technology transfer

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Authors: Tatyana Kim

Abstract:

This paper seeks to explore the academic and sociocultural adaptation experiences of international students studying in Kazakhstan. Using multiple case study design, the research will be undertaken at two private Kazakhstani universities having a relatively large and diverse body of international students. Thus, 20 full-time undergraduate international students from the sampled universities will be interviewed to identify factors that impede or, vice versa, facilitate their academic and sociocultural adaptation in Kazakhstan, as well as to reveal how universities support these students in the process of their adaptation. To investigate the issue more deeply, it was decided to explore the university administrators’ viewpoint of the issue. Thus, six university administrators who are in charge of recruiting and supporting international students and, thus, are particularly knowledgeable about their experiences, have been recruited for this study. Identification of both students’ and administrators’ perspectives on the matter may help reveal miscommunication, if any, and gain greater insight into the phenomenon. The data will be collected between November 5, 2019, and December 10, 2019. Preliminary findings will be presented at the conference. Lysgaard’s U-curve adjustment theory (1955) will be employed as a guiding framework to discuss and interpret the findings.

Keywords: academic adaptation, adaptation, higher education, international students, sociocultural adaptation

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Authors: Manoela Cabo da Silva, Elton Fernandes, Ricardo Pacheco, Heloisa Pires

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This study examined cointegration and causal relationships between economic growth and regular domestic and international passenger air transport in Brazil. Total passengers embarked and disembarked were used as a proxy for air transport activity and gross domestic product (GDP) as a proxy for economic development. The test spanned the period from 2000 to 2015 for domestic passenger traffic and from 1995 to 2015 for international traffic. The results confirm the hypothesis that there is cointegration between passenger traffic series and economic development, showing a bi-directional Granger causal relationship between domestic traffic and economic development and unidirectional influence by economic growth on international passenger air transport demand. Variance decomposition of the series showed that domestic air transport was far more important than international transport to promoting economic development in Brazil.

Keywords: air passenger transport, cointegration, economic growth, GDP, Granger causality

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