Search results for: legal education

Authors: Yiqiao Yin

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Many scholars and educators have dedicated their lives in K12 education system and there has been an exploding amount of attention to implement technical foundations for Artificial Intelligence Education for high school and precollege level students. This paper focuses on the development and use of resources to support K-12 education in Artificial Intelligence (AI). The author and his team have more than three years of experience coaching students from pre-college level age from 15 to 18. This paper is a culmination of the experience and proposed online tools, software demos, and structured activities for high school students. The paper also addresses a portfolio of AI concepts as well as the expected learning outcomes. All resources are provided with online videos and Github repositories for immediate use.

Keywords: K12 education, AI4ALL, pre-college education, pre-college AI

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Authors: Inuwa Danladi Bawa

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One of the challenges of African states in the development of education in the past and the present is the problem of literacy. Literacy in the first language is seen as a strong base for the development of second language; they are mostly the language of education. Language development is an offshoot of language planning; so the need to develop literacy in both first and second language affects language education and predicts the extent of achievement of the entire education sector. The need to balance literacy acquisition in first language for good conditioning the acquisition of second language is paramount. Likely constraints that includes; non-standardization, underdeveloped and undeveloped first languages are among many. Solutions to some of these include the development of materials and use of the stages and levels of literacy acquisition. This is with believed that a child writes well in second language if he has literacy in the first language.

Keywords: first language, second language, literacy, english language, linguistics

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Authors: Ximena Rincon Castellanos

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The research target was analyzed the education public policy of Colombia according to the content of the right to education. One problematic element of that content is the principle of progressive implementation of economic, social and cultural rights. The research included a complete study of public documents and other papers; as well as, one focus group with former combatants in a city where is located one of some 'hogares de paz', which hosts these people after leaving the illegal group. This paper presents a critical approach to the public policy strategies to guarantee education to former combatants and its tension with the right to a progressive implementation. Firstly, education is understood as a technology level without considering higher education. Former combatant attends to SENA and private institutions, which offer technology education and it is counted by the Colombian Government as higher education. Therefore, statistics report a high level of attendance of excombatant to that education level, but actually, they do not expect to study a university carrier. Secondly, the budget approved has been invested in private institutions, despite public institutions are able to include this population and they need more money to strengthen the public offer, which has been considered as a better strategy to ensure education as a human right but not a good, by the special rapporteur on the right to education. As a consequence, the progressive implementation should be a guide to change and improve current strategies, invest the budget available into the public system of education in order to give former combatants the chance to access to universities.

Keywords: higher education, progressive implementation, public service, private offering and technology education

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Authors: Elona Saliaj

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The registration of real estate in Albania after the 90's has been a long process in time and with high cost for the country. Passing the registration system from a centralized system to a free market private system, it’s accompanied by legal uncertainties that have led to economic instability. The reforms that have been undertaken in terms of property rights have been numerous and continuous throughout the years. But despite the reforms, the system of registration of real estate, has failed to be standards requirements established by the European Union. The completion of initial registration of real estate, legal treatment of previous owners or legalization of illegal constructions remain among the main problems that prevent the development of the country in its economic sector. The performance of the registration of real estate system and dealing with issues that have appeared in the Court of First Instance, the civil section of the Albanian constitute the core of handling this analysis. This paper presents a detailed analysis on the registration system that is chosen to be applied in our country for real estate. In its content it is also determined the institution that administrates these properties, the management technique and the law that determinate its functionality. The strategy is determined for creating a modern and functional registration system and for the country remains a challenge to achieve. Identifying practical problems and providing their solutions are also the focus of reference in order to improve and modernize this important system to a state law that aims to become a member of the European Union.

Keywords: real estates registration system, comparative aspects, cadastral area, property certificate, legal reform

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Authors: Ekaterina Reznikova

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The paper provides an overview of the comparative analysis of legal novelties on telework in Portugal and Spain from a gender perspective. Telework, defined as the practice of working remotely using information and communication technologies, has gained increased attention in recent years, particularly in the context of the COVID-19 pandemic. As countries implement legal frameworks to regulate telework, it is essential to assess their gender implications and their impact on promoting gender equality in the workplace. In Portugal, legal novelties on telework have been introduced through various legislative measures, including the Telework Regulation Act (Lei do Teletrabalho) enacted in 2018. This legislation aims to provide a framework for telework arrangements, outlining rights and obligations for both employers and employees. However, the gender perspective in Portugal's telework regulations remains somewhat limited, with few explicit provisions addressing gender disparities in telework participation or the unequal distribution of caregiving responsibilities. In contrast, Spain has taken a more proactive approach to addressing gender equality in telework through its legal novelties. The Spanish government passed the Royal Decree-Law 28/2020, which introduced significant reforms to telework regulations in response to the COVID-19 pandemic. This legislation includes provisions aimed at promoting gender equality in telework, such as measures to ensure work-life balance and prevent discrimination based on gender in telework arrangements. Additionally, Spain has implemented initiatives to encourage "joint responsibility" at home, emphasizing the importance of shared caregiving duties between men and women. By comparing the legal novelties on telework in Portugal and Spain from a gender perspective, this study aims to identify best practices and areas for improvement in promoting gender equality in telework arrangements. Through a comprehensive analysis of the legal frameworks, this study will assess the extent to which Portugal and Spain's telework regulations address gender disparities and support the advancement of women in the workforce. The findings of this comparative analysis will have significant implications for policymakers, employers, and other stakeholders involved in shaping telework policies. By identifying effective strategies for promoting gender equality in telework, this study seeks to contribute to the development of inclusive and sustainable work environments that benefit all employees, regardless of gender.

Keywords: telework, labour law, digitalization, gender

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Authors: Bhawna Verma

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Looking at the contraceptive use and unmet need specific to the different age groups would help to understand various determinants and characteristics of women from different age groups, which are often being neglected. The study explores contraceptive behavior, unmet need for family planning and its correlates among young nulliparous women aged 15-29, using data from NFHS-4 (2015-16), India. Method: The study utilized information from 26,924 currently married women, who has no child or who have had first terminated pregnancy and was aged 15-29 at the time of the survey. Chi-Square and logistic regression analysis have been used to assess the effects of socio-economic characteristics. Results: Of all the considered explanatory variables religion, caste, education, current age, age at marriage, media exposure and regional differences were found to be significantly affecting the behavior of contraceptive use. Women of the 25-29 age group are 0.6 percent less likely to have an unmet need than women of 12-19 age group. Unmet need is increasing with the increased level of education. Muslim women are 0.3 percent less likely to have an unmet need than women of Hindu category. Conclusion: Separate considerations must be given to the needs for family planning formation among nulliparous women along with the factors associated with the use and non-use of contraceptives among them. Separate considerations must be given for effective promotion of FP knowledge through print, electronic media, towards the unequal access to the contraceptives among nulliparous women. Marriages after legal minimum age and encouraging women for higher education may address existing socio-economic barriers.

Keywords: contraceptive use, unmet need, family planning, contraceptive behavior

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Authors: Rodziana M. Razali, Tamara J. Duraisingham

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Malaysia is not a signatory to the 1951 Refugee Convention and its 1967 Protocol despite receiving the largest share of refugee inflows in Southeast Asia aside from Thailand. In Peninsular Malaysia, the majority of refugees and asylum seekers are from Myanmar, with Rohingya refugees recording the highest number compared to all other ethnicities. In the eastern state of Sabah, the presence of refugees who have long established themselves in the state is connected to those who escaped military persecution in southern Philippines in the 1970’s and 1980’s. A combination of legal and non-legal factors has created and sustained an adverse atmosphere of deprivation of legal identity for children of migrants including refugees born in Malaysia. This paper aims to qualitatively analyse the barriers to birth registration as the cornerstone of every person’s legal identity for children of refugees born in this country, together with the associated human rights implications. Data obtained through semi-structured interviews with refugees in Kota Kinabalu, Sabah and Rohingya refugees in Peninsular Malaysia shall be studied alongside secondary sources. Results show that births out of medical facilities, suspension of birth records, illiteracy, lack of awareness on the importance and procedures of birth registration, inability to meet documentary requirements, as well as fear of immigration enforcement, are the key factors hindering birth registration. These challenges exist against the backdrop of restrictive integration policy to avoid destabilising demographic and racial balance, political sentiment stirring xenophobic prejudices, as well as other economic and national security considerations. With no proof of their legal identity, the affected children grow up in a legal limbo, facing multiple human rights violations across generations. This research concludes that the country’s framework and practice concerning birth registration is in need of serious reform and improvement to reflect equality and universality of access to its birth registration system. Such would contribute significantly towards meeting its commitments to the post-2015 sustainable development agenda that pledges to 'Leave no one behind', as well as its recently announced National Human Rights Action Plan.

Keywords: birth registration, children, Malaysia, refugees

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Authors: Katerina Samartzi

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This study focuses on the teacher’s discourses in Greece, about the relation between the children and the media, concerning sex education and widely the childhood. The teachers’ input reflect the anxieties and the dominant discourses that exist around these issues. The study begins with the critical discussion of the available literature concerning the potential impact of media and the ‘moral panics’, their role in sex education and the children’s use of sexual material. Moreover, the study analyses the social construction of childhood and sexuality. Given the lack of explicit and official protocol for the sex education in Greece and due the fact that the young people are familiar with all the material provided by the New Media and their part as an informal education, this project aims to point out the factors that reinforce these gaps. This study focuses on the way the adults and specifically teachers contextualize the children’s relation with media, their sexuality, the sex education, the use of sexual material and the childhood.

Keywords: childhood, children's sexuality, media, moral panics, pornography, sex education

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Authors: Szilvia Halmos

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Hungary was one of the first countries to sign and ratify the UN Convention on the Rights of Persons with Disabilities (hereinafter: CRPD). Consequently, Hungary assumed an obligation under international law to review the national law in the light of the Article 12 of the CRPD requiring the States parties to guarantee the equality of persons with disabilities in terms of legal capacity, and to replace the regimes of substitute decision-making by the instruments of supported decision-making. This article is often characterized as one of the key norms of the CRPD, since the legal autonomy of the persons with disabilities is an essential precondition of their participation in the social life on an equal basis with others, envisaged by the social paradigm of disability. This paper examines the impact of the CRPD on the relevant Hungarian national legal norms, with special focus on the relevant rules of the recently codified Civil Code. The employed research methodologies include (1) the specification of the implementation requirements imposed by the Article 12 of the CRPD, (2) the determination of the indicators of the appropriate implementation, (3) the critical analysis of compliance of the relevant Hungarian legal regulation with the indicators, (4) with respect to the relevant case law of the Hungarian Constitutional Court and ordinary courts, the European Court of Human Rights and the Committee of Rights of Persons with Disabilities and (5) to the available empirical figures on the functioning of substitute and supported decision-making regimes. It will be established that the new Civil Code has made large steps toward the equality of persons with disabilities in terms of legal capacity and the support model of decision-making by the introduction of some specific instruments of supported decision-making and the restriction of the application of guardianship. Nevertheless, the regulation currently in effect fails to represent some crucial principles of the Article 12 of the CRPD, such as the non-discrimination of persons with psycho-social disabilities, the support of the articulation of the will and preferences of the individual instead of his/her best interest in the course of decision-making. The changes in the practice of the substitute and the support model brought about by the new legal norms can also be assessed as significant, however, so far unsatisfactory. The number of registered supporters is rather low, and the preconditions of the effective functioning of the support (e.g. the proper training of the supporters) are not ensured.

Keywords: Article 12 of the UN CRPD, Hungarian law on legal capacity, persons with intellectual and psycho-social disabilities, supported decision-making

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Authors: David Barney, Francis Pleban, Muna Muday

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The purpose of this study was to explore gender differences of former physical education students related to reflective experiences of competition in physical education learning environment. In the school environment, students are positioned in competitive situations, including in the physical education context. Therefore it is important to prepare future physical educators to address the role of competition in physical education. Participants for this study were 304 college-aged students and young adults (M = 1.53, SD = .500), from a private university and local community located in the western United States. When comparing gender, significant differences (p < .05) were reported for four (questions 5, 7, 12, and 14) of the nine scaling questions. Follow-up quantitative findings reported that males (41%) more than females (27%) witnessed fights in physical education environment during competitive games. Qualitative findings reported fighting were along the lines of verbal confrontation. Female participants tended to experience being excluded from games, when compared to male participants. Both male and female participants (total population; 95%, males; 98%; and females 92%) were in favor of including competition in physical education for students. Findings suggest that physical education teachers and physical education teacher education programs have a responsibility to develop gender neutral learning experiences that help students better appreciate the role competition plays, both in and out of the physical education classroom.

Keywords: competition, physical education, physical education teacher education, gender

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Authors: Cina Mosito, Toyin Mary Adewumi, Charlene Nissen

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One of the goals of inclusive education is to provide learners with suitable learning environments and prospects to best attain their potential. This study sought to determine the experiences of studying inclusive education on pre-service teachers’ teaching within the South African education context. A purposeful sample comprising 6 pre-service teachers was selected from a university of technology located in the Western Cape South Africa. Data were collected using open-ended questionnaires, which were exploratory in nature and analyzed thematically. The findings supported significant proportions of experiences as self-reported by pre-service teachers. The pre-service teachers’ experiences of studying inclusive education included inclusive education as an “eye-opener” to the fact that learners experiencing various barriers to learning can be accommodated in the regular classrooms, exposure to some aspects of inclusive education, such as diversity, learners’ rights, and curriculum differentiation. It was also revealed that studying inclusive education made pre-service teachers love and enjoy teaching more. The study shows that awareness of inclusive education has influenced pre-service teachers in South African schools.

Keywords: experience, inclusive education, pre-service teacher, South Africa

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Authors: Harrison Gideon Maghra

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The study was conducted on the challenges in the use of ICT in Agricultural Education and Training in Colleges of Education in Adamawa State. Three objectives guided the study, and the objectives were translated into three research questions and the research questions translated into two null hypotheses. Frequency and percentage were used to answer research question one, mean and standard deviation were used to answer research questions two and three, and t-test statistic was used to test the null hypotheses at 0.05 level of significance. The study was descriptive research and a questionnaire was used to solicit responses from the respondent. The instrument for data collection was subjected to face and content validity by 1 expert in the Department of Vocational Education, Modibbo Adama University, Yola and 3 experts from the Department of Vocational and Technical Education, Adamawa State University, Mubi. Pearson Product Moment Correlation Coefficient was used to test the reliability of the instrument and a reliability coefficient of 0.76 was obtained through the test re-test test method. Results from the study revealed that ICT facilities are not available in state-owned colleges of education. Agricultural Education lecturers have a positive attitude toward the use of ICT in teaching agricultural education and training. Based on the findings of the study, recommendations were made, among which: Colleges of Education in the state should organize training on the use of ICT for all lecturers, including those in the Agricultural Education program.

Keywords: challenges, ICT, agricultural education, colleges of education

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Authors: Md. Ataur Rahman Bhuiyan, Quazi Mahabubul Hasan, Md. Rifat Ullah

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In this research, we did explore the effectiveness of the gaming environment in education and compared it with the traditional education system. We take several workshops in both learning environments. We measured student’s performance by providing a grading score (by professional academics) on their attitude in different criteria. We also collect data from survey questionnaires to understand student’s experiences towards education and study. Finally, we examine the impact of the different learning environments by applying statistical hypothesis tests, the T-test, and the ANOVA test.

Keywords: gamification, game-based learning, education, statistical analysis, human-computer interaction

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Authors: O. Vanijajiva, K. Oumaree, N. Ngampak

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This research aims to study the level of perception and participation of Phranakhon Rajabhat University staff and to study the relationship between the levels of perception and participation with the score of University evaluation of quality assurance in education. The respondents were composed of 479 staffs. The tool used in this research is perceived and participation questionnaire of quality assurance in education of Phranakhon Rajabhat University. The results found that the most staffs are female with undergraduate education. Most 2 respondents are revealing educational staffs without academic position. The fact of times to gain knowledge of quality assurance in education is 1-3 times. The perception of knowledge about quality assurance in education is moderate (3.74 ± 0.65) with most respondent are more focus on university activity than quality assurance in education activity. The participation of quality assurance in education activities involved in moderate (3.17 ± 0.88), with most respondents more involved in student affair than quality assurance in education motion. For assessment of the relationship of perception and participation of quality assurance in education are average score (4.31 ± 0.16) showed that the level of perception and participation was associated with university evaluation in very low level (r = -0.103 and -0.121, respectively), while perception and participation are correlated with the moderate level (r = 0.691).

Keywords: quality assurance education, awareness, participation, higher education, Thailand

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Authors: Yeukai Mupangavanhu

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The paper examines the concept of ubuntu and the extent to which it can play a role in ensuring fairness and justice in contractual relationships. Courts are expected to balance sanctity of contract and fairness. Public policy is currently a mechanism which is used by courts when balancing the above two competing interests. It, however, generally favours the freedom and sanctity of contract. The question which is addressed in this paper is whether the concept of ubuntu is an alternative mechanism that may be used to mitigate the sometimes harsh and unfair consequences of the doctrine of freedom and sanctity of contract. A comparative study and case analysis is the methodology that is used in this article. Unfairness in contracts is generally related to the problem of inequality in bargaining power underscored by deeply entrenched social and economic inequalities that are a consequence of apartheid and patriarchy. The transformative nature of the constitution demands the inclusion of African legal ideas and values in the legal order. There is a need for the harmonisation of western ideals which are based on the classical model of law of contract with relevant African principles. In order to attain a transformative legal order that promotes a societal transformation and enhances the lives of everyone courts cannot continue to frown upon African values. Ubuntu has the potential of steering the law of contract in a more equitable direction. The substantive rules of contract law undoubtedly need to be infused with the notion of ubuntu. The reconciliation of Western and African values is at the heart of legal transformation.

Keywords: fairness, sanctity of contract, contractual justice, transformative constitutionalism

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Authors: Fedorova Elena

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

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

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Authors: Jinan Laurentia Woo

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This paper explores the intersection of technology, music education, and social-emotional learning (SEL) with a focus on Latin America. It delves into the impact of music education on social-emotional skills development, highlighting the universal significance of music across various life stages. The integration of artificial intelligence (AI) in music education is discussed, emphasizing its potential to enhance learning experiences. The paper also examines the implementation of SEL strategies in Latin American public schools, emphasizing the importance of fostering social-emotional well-being in educational settings. Challenges such as unequal access to technology and education in the region are addressed, calling for further research and investment in tech-assisted music education.

Keywords: music education, social emotional learning, educational technology, Latin America, artificial intelligence, music

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Authors: Ana Campina, José Caramelo Gomes, Maria Emília Teixeira, Cristina Costa-Lobo

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In the pursuit of educational equity within Human Rights and European Fundamental Laws, the reality presents serious problems based on the psychologic, social understanding. Take into account the miscellaneous cultures in the global context and the nowadays numbers of Human mobilities, there are serious problems affecting the societies. This justifies the diagnosed need of a renew pedagogical and social education strategy to achieve the integration positive context preventing violence and discrimination, especially in Education systems. Consequently, it is important to have in mind the respect, acceptance, and integration of special needs students in all study degrees, as it is law but a complex reality. Despite the UN and International Human Rights, European Fundamental Chart, and all EU Treats, as the 28th EU State Member’s fundamental laws forecast the right of Education, the respect, the action and promotion of different cultures and the Education for ‘Difference’ integration – cultures; ideologies, Special Needs Students/Citizens – there are different and severe problems. Firstly, there are questions/contexts/problems not denounced by the lack of investments, political, social or ‘powers’ pressures, so, consequently, the authorities don’t have the action as laws demand and the transgressors haven´t any juridical or judicial punishment. Secondly, and our most important point: Governments, authorities and even victims hide these violations/violence/problems what disable the effective protection and law enforcement. Finally, the official and non-official strategies to get around the duties, break away the laws, failing the victims protection and consequently enable the problems increase dramatically. With this research, we observed that there are international Organizations/regions and States acting without respect to the Education right despite their democratic ideology and the generated external ‘image’ of law-abiding and Human Rights defenders. Nevertheless, it is urgent to develop a consistent Human Rights Education program aiming to protect, promote and implement the Right to be different and be respected by the law, the governments, institutions official and non-official, adapted to the needs in each society. The background of this research is the International and European laws, in accordance with the state’s legal systems. The approaches and the differences of the Education for Human and Fundamental Rights execution in the different EU countries, studying the pedagogy and social inclusion programs/strategies, with particular analysis of the Special Needs students. The results aim to construct a European Education profiling, with the governments and EU interventions need, as well as the panorama of the Special Needs Students effective integration achieving a renewed strategy to promote the respect of the Differences and an Inclusive School life.

Keywords: international human rights, culture, differences, European education profiling

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Authors: Chuencheewin Yimfuang

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The WIPO copyright treaty (WCT) was established by the World Intellectual Property Organisation (WIPO). This agreement required the contracting nations to provide adequate protection to technological measures to prevent massive copyright infringement in the internet system. Thailand had to implement the anti-circumvention rules into domestic legislation to comply with this international obligation. The purpose of this paper is to critically discuss the legislative standard under the WCT. It also aims to examine the legal development of technological protection measures in Thailand and demonstrate that the scope of prohibitions under the copyright Act 2022 (NO.5) is similar to the Digital Millennium Copyright Act 1998 (DMCA) of the United States (US). It could be found that the anti-circumvention laws of Thailand prohibit the circumvention of access-control technologies, and the regulation on trafficking circumvention devices has been added to the latest version of the Thai Copyright Act. These legislative evolutions have revealed the attempt to reinforce the legal protection of technological measures and copyright holders in order to be in line with global practices. However, the amendment has problems concerning the legal definitions of effective technological measure and the prohibited act of circumvention. The vagueness might affect the scope of protection and the boundary of prohibition. With this aspect, the DMCA will be evaluated and compared to gain guidelines for interpretation and enforcement in Thailand. The lessons and experiences learned from this study might be useful to correct the flaws or at least clarify the ambiguities embodied in Thai copyright legislation.

Keywords: legal development, technological protection measure, circumvention, Thailand

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Authors: Hsien-Wei Kuo

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The thoughts of the military citizens, pragmatism, naturalism and nationalism related to physical education were developed during the warring period of the Republic of China. Moreover, the development of martial art formed by nationalism and political party was to utilize to save the nation, the people and the world. The martial art was also promoted in the system of school physical education gradually at the same time. The aim of this study is to explore the role, duty and position of the martial art education with the political color and advocacy in the system of school physical education. This study focuses on the practice, course hours, selective materials and competitive rules of physical education in the school system in modern China. Therefore, the methods of the historical research and content analysis were used to collect the historical materials and documents for going into them. The results will give a detailed account of the developed model of institutionalization, unification and regularization of martial art, and its growing, golden and stagnant periods in the school physical education system under the impact of western sport and physical education. It may sum up the meaning relationships among the politics, education practice and sport for all.

Keywords: martial art education, national martial arts institution, sick man of East Asia, the may 4th movement

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Authors: Yoon Suh Song

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Though music education can broaden one’s capacity for mathematical performance, many countries lag behind in music education. Little empirical evidence is found to identify the connection between math and music. Therefore, this research was set out to explore what music-related variables are associated with mathematical performance. The result of our analysis is as follows: A Pearson's Correlation analysis revealed that PISA math score is strongly correlated with students' Intelligence Quotient (IQ). This lays the foundation for further research as to what factors in students’ IQ lead to a better performance in math.

Keywords: music education, mathematical performance, education, IQ

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Authors: Noor Suhaida Kasri

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In the last three decades, Malaysia has developed fundamental legal and regulatory structures that aim to accommodate and facilitate the growth of Islamic banking and finance industry. Important building blocks have been put in place, to cite a few, the elevation of the position of the Malaysian Central Bank Shariah Advisory Council (SAC) as the apex advisory body and the empowerment of their Shariah resolutions through the Central Bank Act 1958; the promulgation of the Islamic Financial Services Act 2013 that regulate and govern Islamic finance market with a robust statutory requirement of Shariah governance and Shariah compliance. Notwithstanding these achievements, enforceability of Shariah-compliant contract remains a contentious subject. The validity of Al Bai Bithaman Ajil concept that was commonly used by the Islamic financial institutions in their financing facilities structures and documentation has been unabatedly challenged by the customers in courts. The challenge was due to the manner in which the Al Bai Bithaman Ajil transactions were carried out. Due to this legal challenge, Al Bai Bithaman Ajil financing structure seems to no longer be the practitioners’ favourite in Malaysia, though its substitute tawarruq and commodity murabahah financing structure may potentially face similar legal challenges. This paper examines the legal challenges affecting the enforceability of these underlying Shariah contracts. The examination of these cases highlights the manner in which these contracts were being implemented and applied by the Malaysian Islamic financial institutions that triggered Shariah and legal concern. The analysis also highlights the approach adopted by the Malaysian courts in determining the Shariah issues as well as the SAC in ascertaining the rulings on the Shariah issues referred to it by the courts. The paper adopts a qualitative research methodology by using textual and documentary analysis approach. The outcome of this study underlines factors that require consideration by industry stakeholder in order to ameliorate the efficacy of the existing building blocks that would eventually strengthens the validity and enforceability of Shariah-compliant contracts. This, in the long run, will further reinforce financial stability and trust into the Islamic banking and finance industry in Malaysia.

Keywords: enforceability of Shariah compliant contract, legal challenge, legal and regulatory framework, Shariah Advisory Council

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Authors: Fati̇h Apaydin

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Education technology is an area which constantly changes and creates innovations. As an inevitable part of the changing circumstances, the societies who have a tendency to the improvements keep up with these innovations by using the methods and strategies which have been designed for education technology. At this point, education technology has taken the responsibility to help the individuals improve themselves and teach the effective teaching methods by filling the airs in theoretical information, information security and the practice. The technology which comes to the core of our lives by raising the importance of it day by day and it enforced its position in computer- based environments. As a result, ‘being ready for technological innovations, improvement on computer-based talent, information, ability and attitude’ doctrines have to be given. However, it is today quite hard to deal with the security and reinforcement of this information. The information which is got illegally gives harm to society from every aspect, especially education. This study includes how and to what extent to use these innovative appliances such as computers and the factor of information security of these appliances in computer-based education. As the use of computer is constantly becoming prevalent in our country, both education and computer will never become out of date, so how computer-based education affects our lives and the study of information security for this type of education are important topics.

Keywords: computer, information security, education, technology, development

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Authors: Lipsa Dash, Gyanendra Sahu

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Intelligence is the cornerstone of humans, and now they have created a counterpart of themselves artificially. Our understanding of the word intelligence is a very perspective based and mostly superior understanding of what we read, write, perceive and understand the adversities around better. A wide range of industrial sectors have also started involving the technology to perceive, reason and act. Similarly, intellectual property is the product of human intelligence and creativity. The World Intellectual Property Organisation is currently working on technology trends across the globe, and AI tops the list in the digital frontier that will have a profound impact on the world, transforming the way we live and work. Coming to Intellectual Property, patents and creations of the AI’s itself have constantly been in question. This paper explores whether AI’s can fit in the flexibilities of Trade Related Intellectual Property Studies and gaps in the existing IP laws or rthere is a need of amendment to include them in the ambit. The researcher also explores the right of AI’s who create things out of their intelligence and whether they could qualify to be legal persons making the other laws applicable on them. Differentiation between AI creations and human creations are explored in the paper, and the need of amendments to determine authorship, ownership, inventorship, protection, and identification of beneficiary for remuneration or even for determining liability. The humans and humanoids are all indulged in matters related to Privacy, and that attracts another constitutional legal issue to be addressed. The authors will be focusing on the legal conundrums of AI, transhumanism, and the Internet of things.

Keywords: artificial intelligence, humanoids, healthcare, privacy, legal conundrums, transhumanism

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Authors: Mark Omu

Abstract:

Education has remained the greatest fulcrum on which the developmental aspirations of societies and the world over is Anchored. This has been the case from the antiquity. As a result of recognition of this fact, education occupies a crucial and centripetal position at different epochs of societal formation and transformation. This paper recognized the all-embracing role of education to society and it utilized the literary research and review of literature to espouse on the role of alternative sources of financing education. This position was borne out of the dwindling resources available to education. Especially to finance teaching, learning, research and retraining of staffers. This paper found among other things that alternative funding of education is possible and it can be achieved through selling of its research products like entrepreneurial skills, collaborative ventures in public private partnership, philanthropic of endowments, etc. These are capable of bridging the financial gap currently bedevilling the educational sectors.

Keywords: alternative sources, funding, tertiary, education, society, partnership, Nigeria

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Authors: N. Didiş Körhasan, D. Kaltakçı Gürel

Abstract:

Many students have difficulty in learning physics from elementary to university level. In addition, students' expectancy, attitude, and motivation may be influenced negatively with their experience (failure) and prejudice about physics learning. For this reason, physics educators, who are also physics teachers, search for the best ways to make students' learning of physics easier by considering cognitive, affective, and psychomotor issues in learning. This research critically discusses the history of physics education, fundamental pedagogical approaches, and models to teach physics, and transformation of physics education with recent research.

Keywords: pedagogy, physics, physics education, science education

Procedia PDF Downloads 237

Authors: S. K. Balashanmugam, Padmavati Manchikanti, S. R. Subramanian

Abstract:

The question of legal liability over injury arising out of the import and the introduction of GM food emerges as a crucial issue confronting to promote GM food and its derivatives. There is a greater possibility of commercialized GM food from the exporting country to enter importing country where status of approval shall not be same. This necessitates the importance of fixing a liability mechanism to discuss the damage, if any, occurs at the level of transboundary movement or at the market. There was a widespread consensus to develop the Cartagena Protocol on Biosafety and to give for a dedicated regime on liability and redress in the form of Nagoya Kuala Lumpur Supplementary Protocol on the Liability and Redress (‘N-KL Protocol’) at the international context. The national legal frameworks based on this protocol are not adequately established in the prevailing food legislations of the developing countries. The developing economy like India is willing to import GM food and its derivatives after the successful commercialization of Bt Cotton in 2002. As a party to the N-KL Protocol, it is indispensable for India to formulate a legal framework and to discuss safety, liability, and regulatory issues surrounding GM foods in conformity to the provisions of the Protocol. The liability mechanism is also important in the case where the risk assessment and risk management is still in implementing stage. Moreover, the country is facing GM infiltration issues with its neighbors Bangladesh. As a precautionary approach, there is a need to formulate rules and procedure of legal liability to discuss any kind of damage occurs at transboundary trade. In this context, the proposed work will attempt to analyze the liability regime in the existing Food Safety and Standards Act, 2006 from the applicability and domestic compliance and to suggest legal and policy options for regulatory authorities.

Keywords: commercialization, food safety, FSSAI, genetically modified foods, India, liability

Procedia PDF Downloads 326

Authors: Ruwen Pei

Abstract:

In the rapidly evolving landscape of the digital economy, platform employment has emerged as a transformative labor force, fundamentally altering the traditional paradigms of the employer-employee relationship. This paper provides a comprehensive analysis of the unique dynamics and intricate legal challenges associated with platform work, where workers often navigate precarious labor conditions without the robust safety nets typically afforded in traditional industries. It underscores the limitations of current labor regulations, particularly in addressing pressing concerns such as income volatility and disparate benefits. By drawing insights from diverse global case studies, this study emphasizes the compelling need for platform companies to shoulder their social welfare responsibilities, ensuring fair treatment and security for their workers. Moreover, it critically examines the profound influence of socio-cultural factors and educational awareness on the platform economy, shedding light on the complexities of this emerging labor landscape. Advocating for a harmonious equilibrium between flexibility and security, this paper calls for substantial legal reforms and innovative policy initiatives that can adapt to the evolving nature of work in the digital age. Finally, it anticipates forthcoming trends in the digital economy and platform labor relations, underscoring the significance of proactive adaptation to foster equitable and inclusive employment practices.

Keywords: platform employment, labor protections, social welfare, legal reforms, digital economy

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Authors: M. Naidoo

Abstract:

The concept of moral personhood extending from the moral status of an artificial intelligence system has been explored – but predominantly from a Western conception of personhood. African personhood, however, is distinctly different from Western personhood in that communitarianism is central to the underpinnings of personhood - rather than Western individualism. Personhood in the African context is not an inherent property that a human is born with; rather, it is an ontological journey that one goes on in his or her life with the hopes of attaining personhood. Given the decolonization, projects happening in Africa, and the law-making that is happening in this space within South Africa, it is of paramount importance to consider these views.

Keywords: artificial intelligence, bioethics, law, legal personality

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Authors: Dahiru Bawa Muhammad

Abstract:

Mathematics is accorded a prime position in basic education curriculum because it is envisaged to be an important tool in preparing children for life after school as well as equipping them with skills needed for secondary and higher education. As a result of this, the subject is made compulsory from primary through secondary school and candidates are expected to offer it and pass before fulfilling the requirement for higher education. Against this backdrop, this paper overviewed the basic education programme, context of teaching and learning mathematics at basic education level in Katsina State of Nigeria, relevance of the subject to different fields of human endeavours, challenges threatening the utility of the subject as a tool for the achievement of the goals of basic education programme and concluded by recommending how teaching and learning of mathematics can be improved for even development of citizens within nation states and enhanced/mutual sustainable development of nations in the global village.

Keywords: basic education, junior secondary school education, mathematical centre

Procedia PDF Downloads 421