Search results for: legislative measures

Authors: Bilquis Ferdousi

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With the exponential growth of the online business, the threat to consumers’ privacy and data security has become a serious challenge. This literature review-based study focuses on a better understanding of those threats and what legislative measures have been taken to address those challenges. Research shows that people are increasingly involved in online business using different digital devices and platforms, although this practice varies based on age groups. The threat to consumers’ privacy and data security is a serious hindrance in developing trust among consumers in online businesses. There are some legislative measures taken at the federal and state level to protect consumers’ privacy and data security. The study was based on an extensive review of current literature on protecting consumers’ privacy and data security and legislative measures that have been taken.

Keywords: privacy, data security, legislation, online business

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Authors: Zhang Rui

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The primary aim of the study is to compare legislative jurisdiction and judicial jurisdiction in international law, highlighting the unique conditions and bases for their exercise in legal practice.The research employs a comparative law analysis approach alongside a thorough examination of international law principles to achieve a comprehensive understanding of legislative and judicial jurisdiction in the international legal context. The findings of this research underscore the diverse development trajectory of legislative jurisdiction in international law, emphasizing the continued significance of territoriality as a primary basis for exercising judicial jurisdiction.

Keywords: international law, judicial jurisdiction, legislative jurisdiction, legal implementation

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Authors: Vibhore Bakshi

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This research paper is a step towards understanding the role of governance in the plan preparation process. It addresses the complexities of the peri-urban, historical constructions, politics and policies of sustainability, and legislative frameworks. The paper reflects on the Delhi NCT as one of the classical cases that have happened to witness different structural changes in the master plan around 1981, 2001, 2021, and Proposed Draft 2041. The Delhi Landsat imageries for 1989 and 2018 show an increase in the built-up areas around the periphery of NCT. The peri-urbanization has been a result of increasing in-migration to peri–urban areas of Delhi. The built-up extraction for years 1981, 1991, 2001, 2011, and 2018 highlights the growing peri-urbanization on scarce land therefore, it becomes equally important to research the history of the land and its legislative measures. It is interesting to understand the streaks of changes that have occurred in the land of Delhi in accordance with the different master plans and land legislative policies. The process of masterplan process in Delhi has experienced a lot of complexities in juxtaposition to other metropolitan regions of the world. The paper identifies the shortcomings in the current master planning process approach in regard to the stage of the planning process, traditional planning approach, and lagging ICT-based interventions. The metropolitan governance systems across the globe and India depict diversity in the organizational setup and varied dissemination of functions. It addresses the complexity of the peri-urban, historical constructions, politics and policies of sustainability, and legislative frameworks.

Keywords: governance, land provisions, built-up areas, in migration, built up extraction, master planning process, legislative policies, metropolitan governance systems

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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: Saad Saeed Althiabi

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There is great progress in formulating and executing legislative policies in GCC, however, the public participation in formulating and in major decision making still remains weak. Drawing attention on the international law of public participation in construction and natural resource management, this paper aims in creating a feasible legislative framework for extensive public participation in the industries such as construction and oil and gas decision-making that GCC can implement. This paper would address the conflicts associated with the management and creation of legislation and ensuring public participation for the creation of a practical framework. A feasible legislative framework must take into account the various factors that shape the effectiveness of participation and the elements that promote the objectives of participation. It is premised on the ground that viewing to international prescriptions might help to reveal gaps in domestic laws, as well as alternatives to overcome them.

Keywords: legislative policies, public participation, planning legislation, GCC countries, international law

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Authors: Renz Paolo B. Ramos, Jake S. Espina

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The Local Government Academy of the Philippines explains that Local legislation is both a power and a process by which it enacts ordinances and resolutions that have the force and effect of law while engaging with a range of stakeholders for their implementation. Legislative effectiveness is crucial for the development of any given area. This study's objective is to evaluate the legislative performance of the 10th Sangguniang of Kawayan, a legislative body in a fifth-class municipality in the Province of Biliran, during the height of the COVID-19 pandemic (2019-2021) with a focus on legislation, accountability, and participation, institution-building, and intergovernmental relations. The aim of the study was that a mixed-methods strategy was used to gather data. The Local Legislative Performance Appraisal Form (LLPAF) was completed, while Focus Interviews for Local Government Unit (LGU) personnel, a survey questionnaire for constituents, and ethnographic diary-writing were conducted. Convenience Sampling was utilized for LGU workers, whereas Simple Random Sampling was used to identify the number of constituents participating. Interviews were analyzed using thematic analysis, while frequency data analysis was employed to describe and evaluate the nature and connection of the data to the underlying population. From this data, the researchers draw opportunities and challenges met by the local legislature during the height of the pandemic.

Keywords: local legislation, local governance, legislative effectiveness, legislative analysis

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Authors: Umberto Platini

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This paper analyses the role of government fragmentation as predictor of the use of emergency decrees in parliamentary democracies. In particular, it focuses on the relationship between ideological divisiveness within cabinets and the choice by executives to issue emergency decrees rather initiating ordinary legislative procedures. A Bayesian multilevel analysis conducted on the population of government-initiated legislation in Italy between 1996 and 2018 finds significant evidence that those legislative proposals which are further away from the ideological centre of gravity of the executive are around three times more likely to be issued as emergency decrees. Likewise, legislative projects regulating more contentious policy areas are significantly more likely to be issued by decree. However, for more contentious issues the importance of ideological distance as a predictor diminishes. This evidence suggests that cabinets prefer decrees to ordinary legislative procedures when they expect that the bargaining environment in Parliament is more hostile. These results persist regardless of the fluctuations of the political-economic cycle. Their robustness is also tested against a battery of controls and against fixed effects both at the government level and at the legislature level.

Keywords: Bayesian multilevel logit models, executive action, executive decrees, ideology, legislative studies, polarization

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Authors: Aman Guru, Chiron Singhi

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The Earth’s climate is being changed at an unrivalled rate since beginning of the evolution of the Earth, 4–5 billion years back, but presently it gained pace due to unintentional anthropogenic disturbances and also increased global warming since the mid-20th century, and these incessant changes in the climatic pattern may bring unpropitious effect on global health and security. Today, however, it is not only the air, or water that are polluted, but the whole atmosphere is prone to pollution and this resulted in other cascading ramification in the form of change in the pattern of rainfall, melting of ice, the rise in the sea level etc. Human activities like production, transport, burning of fuels are adding umpteen dangerous pollutants to the atmosphere which in turn gives rise to global warming. Agriculture plays an imperative part in India's economy. Agriculture, along with fisheries and forestry, is one of the largest contributors to the Gross Domestic Product in India. Research on the effect of climate change and vulnerability of agriculture is a high need in India. A steady increase of CO2 is a primary cause of climate change and global warming and which in turn have a great impact on Indian agriculture. The research focuses on the effect of climate change on Indian agriculture and the proceedings and legal control of legislative measures on such issues and the ways to implement such laws which can help to provide a solution to these problems which can prove beneficial to Indian farmers and their agricultural produce.

Keywords: agriculture, climate change, global warming, India laws, legislative measures

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Authors: Milene Magalhães Pinto, Irlen Antônio Gonçalves

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The purpose of this paper is to discuss how the historical processes of organization and reform of professional education contributed with the educational projects for the training/education starting from the idea of modernization of Brazil by way of industry and skilled worker. In the discourse of Congress Legislative of Minas Gerais is possible to identify the role of education as a mediating body of construction processes and rationalization modernizing of the country. The hypothesis is that education is an important instrument for promoting progress and citizenship and the way to form the professional who would serve the social and economic purposes of modernization of Brazil in the nineteenth and twentieth centuries. In this sense, we investigate the relationship of the concept of professional education with the ideas of modernization and modernity.

Keywords: education, modernization and education, legislative congress of Minas Gerais, professional education

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Authors: Tri Nopiyanto, Rahardhyani Dwiannisa, Arief Ismaryanto

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One main issue for a certain region in order to achieve development is if the government that consists of the executive, legislative and judicial board are able to work together. However, there are certain conditions that these boards are the sources of conflict, especially between the executive and legislative board. One of the example of the conflict is between the Local Government and Legislative Board (DPRD) in the Province of Jakarta in 2015. The cause of this conflict is because of the occurrence of pokir (pokok pikiran or ideas of budgeting). Pokir is driven by a budgeting plan that is arranged by DPRD that is supposed to be sourced from the aspiration of the people and delivered 5 months before the legalization of Local Government Budget (APBD), but the current condition in Jakarta is that pokir is a project by DPRD members itself and delivered just 3 days before the legalization in order to facilitate the interests of the members of the legislative. This paper discusses how pokir happens and what factors caused it. This paper uses political budgeting theory by Andy Norton and Diane Elson to analyze the issue. The method used in this paper is qualitative to collect the data and solve the problem of this research. The methods involved are in depth interview, experimental questionnaire, and literature studies. Results of this research are that Pokir occurs because of the distribution of power among DPRD members, between parties, executive, and legislative board. Beside that, Pokir also occurs because of the lack of the people’s participation in budgeting process and monitoring. Other than that, this paper also found that pokir also happens because of the budgeting system that is not able to provide a clean budgeting process, so it enables the creation of certain slots to add pokir into the budgets. Pokir also affects the development of Jakarta that goes through stagnation. This research recommends the implementation of e-budgeting to prevent the occurrence of pokir itself in the Province of Jakarta.

Keywords: legislative and executive board, Jakarta, political budgeting, Pokir

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Authors: Gorana Jelic Mrcelic

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In order to reduce greenhouse gas emissions from ships, technical and operational measures can be used. Operational measures are easier and cheaper compared to technical measures, so are well recommended. One of the most cost-effective operational measure is fuel consumption. Fuel consumption can be reduced by various options but it sometimes needs investments in new equipment, new procedures and crew education. In order to implement operational measures in everyday procedures and routines on board, good understanding of the mechanisms by which these measures work is essential for the seamen.

Keywords: green shipping, gas emission reduction, operational measures, seamen

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Authors: Chrysthia Papacleovoulou

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The era of de-regulation, off-shore and tax haven jurisdictions, and shelf companies has come to an end. The usage of complex corporate structures involving trust instruments, special purpose vehicles, holding-subsidiaries in offshore haven jurisdictions, and taking advantage of tax treaties is soaring. States which raced to introduce corporate friendly legislation, tax incentives, and creative international trust law in order to attract greater FDI are now faced with regulatory challenges and are forced to revisit the corporate form and its tax treatment. The fiduciary services industry, which dominated over the last 3 decades, is now striving to keep up with the new regulatory framework as a result of a number of European and international legislative measures. This article considers the challenges to the company and the corporate form as a result of the legislative measures on tax planning and tax avoidance, CRS reporting, FATCA, CFC rules, OECD’s BEPS, the EU Commission's new transparency rules for intermediaries that extends to tax advisors, accountants, banks & lawyers who design and promote tax planning schemes for their clients, new EU rules to block artificial tax arrangements and new transparency requirements for financial accounts, tax rulings and multinationals activities (DAC 6), G20's decision for a global 15% minimum corporate tax and banking regulation. As a result, states are found in a race of over-regulation and compliance. These legislative measures constitute a global up-side down tax-harmonisation. Through the adoption of the OECD’s BEPS, states agreed to an international collaboration to end tax avoidance and reform international taxation rules. Whilst the idea was to ensure that multinationals would pay their fair share of tax everywhere they operate, an indirect result of the aforementioned regulatory measures was to attack private clients-individuals who -over the past 3 decades- used the international tax system and jurisdictions such as Marshal Islands, Cayman Islands, British Virgin Islands, Bermuda, Seychelles, St. Vincent, Jersey, Guernsey, Liechtenstein, Monaco, Cyprus, and Malta, to name but a few, to engage in legitimate tax planning and tax avoidance. Companies can no longer maintain bank accounts without satisfying the real substance test. States override the incorporation doctrine theory and apply a real seat or real substance test in taxing companies and their activities, targeting even the beneficial owners personally with tax liability. Tax authorities in civil law jurisdictions lift the corporate veil through the public registries of UBO Registries and Trust Registries. As a result, the corporate form and the doctrine of limited liability are challenged in their core. Lastly, this article identifies the development of new instruments, such as funds and private placement insurance policies, and the trend of digital nomad workers. The baffling question is whether industry and states can meet somewhere in the middle and exit this over-regulation frenzy.

Keywords: company, regulation, TAX, corporate structure, trust vehicles, real seat

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Authors: Jehad Al Dallal

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Software engineers apply different measures to quantify the quality of software design. These measures consider artifacts developed at low or high level software design phases. The results are used to point to design weaknesses and to indicate design points that have to be restructured. Understanding the relationship among the quality measures and among the design quality aspects considered by these measures is important to interpreting the impact of a measure for a quality aspect on other potentially related aspects. In addition, exploring the relationship between quality measures helps to explain the impact of different quality measures on external quality aspects, such as reliability and maintainability. In this paper, we report a replication study that empirically explores the correlation between six well known and commonly applied design quality measures. These measures consider several quality aspects, including complexity, cohesion, coupling, and inheritance. The results indicate that inheritance measures are weakly correlated to other measures, whereas complexity, coupling, and cohesion measures are mostly strongly correlated.  

Keywords: quality attribute, quality measure, software design quality, Spearman correlation

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Authors: Fernando Martín-Espejo, Christophe Crombez

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This paper presents a political-economic analysis of the reforms introduced during the coronavirus crisis at the EU level with a special emphasis on the recovery fund Next Generation EU (NGEU). It also introduces a spatial model to evaluate whether the governmental features of the recovery fund can be framed inside the community method. Particularly, by evaluating the brake clause in the NGEU legislation, this paper analyses theoretically the political and legislative implications of the introduction of flexibility clauses in the EU decision-making process.

Keywords: EU, legislative procedures, spatial model, coronavirus

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Authors: Salima Kouici, Abdelkader Khelladi

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In this work, we begin with the presentation of the Tθ family of usual similarity measures concerning multidimensional binary data. Subsequently, some properties of these measures are proposed. Finally, the impact of the use of different inter-elements measures on the results of the Agglomerative Hierarchical Clustering Methods is studied.

Keywords: binary data, similarity measure, Tθ measures, agglomerative hierarchical clustering

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Authors: Lee Da Hyun

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The purpose of this study is to explore the relation between the internal dynamics of standing committees and legislative productivity of the Korean National Assembly using statistical methods. Studies on legislation in South Korea have been largely revolved around political parties due to the uniqueness of its political context including strong party cohesion and party’s nomination right. However, as standing committees have been at the center of legislatures since the 6th National Assembly, there is a growing need for studying the operation and effectiveness of standing committees in legislation process. Thus, through panel data analysis for the sixteen standing committees across the four terms of the Korean National Assembly-from the 16th to the 19th-this article attempts to reveal that legislators’ bill passing rate is not a sole function of factors pertaining to political party as the existing studies have believed. By measuring the ideological distribution within a committee and the bill passing rate, this article provides differentiated interpretation from established theories of standing committees and presents compelling evidence describing complex interactions and independent operation of the standing committees with the subsequent legislative results.

Keywords: collective decision-making, lawmaking, legislation, political polarization, standing committees

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Authors: Mehmet Kargaci

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It is more important to access information than to get the correct information and to transform it to the knowledge in a proper way. Every person, organizations or governments who have the knowledge now become the target. Cyber security involves the range of measures to be taken from individual to the national level. The National institutions refer to academic, military and major public and private institutions, which are very important for the national security. Thus they need further cyber security measures. It appears that the traditional cyber security measures in the national level are alone not sufficient, while the individual measures remain in a restricted level. It is evaluated that the most appropriate method for preventing the cyber vulnerabilities rather than existing measures are to develop institutional measures. This study examines the cyber security measures to be taken, especially in the national institutions.

Keywords: cyber defence, information, critical infrastructure, security

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Authors: Olanrewaju O. Adeojo

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The constitutional system of government provides for the federating units of the Federal Republic of Nigeria, the States and the Local Councils under a governing structure of the Executive, the Legislature and the Judiciary with attendant distinct powers and spheres of influence. The legislative powers of the Federal Republic of Nigeria and of a State are vested in the National Assembly and House of Assembly of the State respectively. The Local council exercises legislative powers in clearly defined matters as provided by the Constitution. Though, the executive as constituted by the President and the Governor are charged with the powers of execution and administration, the legislature is empowered to ensure that such powers are duly exercised in accordance with the provisions of the Constitution. The vast areas do not make oversight functions indefinite and more importantly the purpose for the exercise of the powers are circumscribed. It include, among others, any matter with respect to which it has power to make laws. Indeed, the law provides for the competence of the legislature to procure evidence, examine all persons as witnesses, to summon any person to give evidence and to issue a warrant to compel attendance in matters relevant to the subject matter of its investigation. The exercise of functions envisaged by the Constitution seem to an extent to be literal because it lacks power of enforcing the outcome. Furthermore, the docility of the legislature is apparent in a situation where the agency or authority being called in to question is part of the branch of government to enforce sanctions. The process allows for cover up and obstruction of justice. The oversight functions are not functional in a situation where the executive is overbearing. The friction, that ensues, between the Legislature and the Executive in an attempt by the former to project the spirit of a constitutional mandate calls for concern. It is needless to state a power that can easily be frustrated. To an extent, the arm of government with coercive authority seems to have over shadowy effect over the laid down functions of the legislature. Recourse to adjudication by the Judiciary had not proved to be of any serious utility especially in a clime where the wheels of justice grinds slowly, as in Nigeria, due to the nature of the legal system. Consequently, the law and the Constitution, drawing lessons from other jurisdiction, need to insulate the legislative oversight from the vagaries of the executive. A strong and virile Constitutional Court that determines, within specific time line, issues pertaining to the oversight functions of the legislative power, is apposite.

Keywords: constitution, legislative, oversight, power

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Authors: Corneliu-Ioan Dimitriu, Gheorghe Frățilă

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Romania and Bulgaria have high rates of road deaths per million inhabitants. Directive (EU) 2019/1936, known as the RISM Directive, has been transposed into national law by each Member State. The research focuses on the amendments made to Romanian legislation through Government Ordinance no. 3/2022, which aims to improve road safety management on infrastructure. The aim of the research is two-fold: to sensitize the Romanian Government and decision-making entities to develop an integrated and competitive management system and to establish a safe and proactive mobility system that ensures efficient and safe roads. The research includes a critical analysis of European and Romanian legislation, as well as subsequent normative acts related to road infrastructure safety management. Public data from European Union and national authorities, as well as data from the Romanian Road Authority-ARR and Traffic Police database, are utilized. The research methodology involves comparative analysis, criterion analysis, SWOT analysis, and the use of GANTT and WBS diagrams. The Excel tool is employed to process the road accident databases of Romania and Bulgaria. Collaboration with Bulgarian specialists is established to identify common road infrastructure safety issues. The research concludes that the legislative changes have resulted in a relaxation of road safety management in Romania, leading to decreased control over certain management procedures. The amendments to primary and secondary legislation do not meet the current safety requirements for road infrastructure. The research highlights the need for legislative changes and strengthened administrative capacity to enhance road safety. Regional cooperation and the exchange of best practices are emphasized for effective road infrastructure safety management. The research contributes to the theoretical understanding of road infrastructure safety management by analyzing legislative changes and their impact on safety measures. It highlights the importance of an integrated and proactive approach in reducing road accidents and achieving the "zero deaths" objective set by the European Union. Data collection involves accessing public data from relevant authorities and using information from the Romanian Road Authority-ARR and Traffic Police database. Analysis procedures include critical analysis of legislation, comparative analysis of transpositions, criterion analysis, and the use of various diagrams and tools such as SWOT, GANTT, WBS, and Excel. The research addresses the effectiveness of legislative changes in road infrastructure safety management in Romania and the impact on control over management procedures. It also explores the need for strengthened administrative capacity and regional cooperation in addressing road safety issues. The research concludes that the legislative changes made in Romania have not strengthened road safety management and emphasize the need for immediate action, legislative amendments, and enhanced administrative capacity. Collaboration with Bulgarian specialists and the exchange of best practices are recommended for effective road infrastructure safety management. The research contributes to the theoretical understanding of road safety management and provides valuable insights for policymakers and decision-makers in Romania.

Keywords: management, road infrastructure safety, legislation, amendments, collaboration

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Authors: Lin Tang, Xiaoxia Guo, Lingling Zhang

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Recent vaccine scandals overshadowed China’s accomplishment of public health, triggering discussions on the causes of vaccine incidents. Through legal interpretation of selected vaccine incidents and analysis of systemic vulnerabilities in vaccine circulation and lot release, a panoramic review of legislative progresses in the vaccine administration sheds the light on this debate. In essence, it is the combination of the lagging legal system and the absence of information technology infrastructure in the process of vaccine administration reform that has led to the recurrence of vaccine incidents. These findings have significant implications for further improvement of vaccine administration and China’s participation in global healthcare.

Keywords: legislation, lot release, public health, reform, vaccine administration, vaccine circulation

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Authors: Dorota Habrat

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In Polish law, the idea of the introduction of corporate responsibility for crimes is becoming more popular and creates a lot of questions. The need to introduce into the Polish legal system liability of corporate (collective entities) has resulted, among others, from the Polish Republic's international commitments, in particular related to membership in the European Union. The Act of 28 October 2002 on the liability of collective entities for acts prohibited under penalty is one of the example of adaptation of Polish law to Community law. Introduction to Polish law a criminal nature liability of corporations (legal persons) has resulted in a lot of controversy and lack of acceptance from both the scientific community as well as the judiciary. The responsibility of collective entities under the Act has a criminal nature. The main question concerns the ability of the collective entity to be brought to guilt under criminal law sense. Polish criminal law knows only the responsibility of individual persons. So far, guilt as a personal feature of action, based on the ability of the offender to feel in his psyche, could be considered only in relation to the individual person, while the said Act destroyed this conviction. Guilt of collective entity must be proven under at least one of the three possible forms: the guilt in the selection or supervision and so called organizational guilt. The next question is how the principle of proportionality in relation to criminal measures in response of collective entities should be considered. It should be remembered that the legal subjectivity of collective entities, including their rights and freedoms, is an emanation of the rights and freedoms of individual persons which create collective entities and through these entities implement their rights and freedoms. The adopted Act largely reflects the international legal regulations but also contains the unknown and original legislative solutions.

Keywords: criminal corporate responsibility, Polish criminal law, legislative solutions, Act of 28 October 2002

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Authors: Ritsuko Kawasaki, Takeshi Hiromatsu

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Management is required to understand all information security risks within an organization, and to make decisions on which information security risks should be treated in what level by allocating how much amount of cost. However, such decision-making is not usually easy, because various measures for risk treatment must be selected with the suitable application levels. In addition, some measures may have objectives conflicting with each other. It also makes the selection difficult. Therefore, this paper provides a model which supports the selection of measures by applying multi-objective analysis to find an optimal solution. Additionally, a list of measures is also provided to make the selection easier and more effective without any leakage of measures.

Keywords: information security risk treatment, selection of risk measures, risk acceptance, multi-objective optimization

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Authors: Manvender Kaur Sarjit Singh

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There is a crucial mismatch between classroom written language tasks and real world written language requirements. Realizing the importance of reducing the gap between the professional needs of the legal practitioners and the higher learning institutions that offer the legislative education in Malaysia, it is deemed necessary to develop a framework that integrates real-life written communication with the teaching of content-based legislative discourse to future legal practitioners. By highlighting the actual needs of the legal practitioners in the country, the present teaching practices will be enhanced and aligned with the actual needs of the learners thus realizing the vision and aspirations of the Malaysian Education Blueprint 2013-2025 and Legal Profession Qualifying Board. The need to focus future education according to the actual needs of the learners can be realized by developing a teaching framework which is designed within the prospective requirements of its real-life context. This paper presents the steps taken to develop a specific teaching framework that fulfills the fundamental real-life context of the prospective legal practitioners. The teaching framework was developed based on real-life written communication from the legal profession in Malaysia, using the specific genre analysis approach which integrates a corpus-based approach and a structural linguistics analysis. This approach was adopted due to its fundamental nature of intensive exploration of the real-life written communication according to the established strategies used. The findings showed the use of specific moves and parts-of-speech by the legal practitioners, in order to prepare the selected genre. The teaching framework is hoped to enhance the teachings of content-based law courses offered at present in the higher learning institutions in Malaysia.

Keywords: linguistics analysis, corpus analysis, genre analysis, legislative discourse

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Authors: Naveed Tahir, Adnan Maqsood

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Cognitive workload is a significant factor affecting user performance, and it has been broadly investigated for its application in ergonomics as well as in designing and optimizing effective human-machine interactions. It is mentally challenging to maneuver an aircraft, and pilots must control the aircraft and adequately communicate to the verbal-auditory stimuli. Several physiological measures have long been researched and used to demonstrate the cognitive workload. In our current study, we have summarized recent findings of the effectiveness, accuracy, and applicability of commonly used physiological measures in evaluating cognitive workload. We have also highlighted on the advancements in physiological measures. The strength and limitations of physiological measures have also been discussed to assess the cognitive workload of people, especially the aircrews in laboratory settings and real-time situations. We have presented the research findings of the physiological measures to base suggestions on the proper applications of the measures and settings demanding the use of single measure or their combinations.

Keywords: aircrew, cognitive workload, subjective measure, physiological measure, performance measure

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Authors: Neslihan Cetin

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In this study, we will aim to analyze how the period of the state of emergency in Turkey lead to gaps in law and the formation of areas in which there was a complete lack of supervision. The state of emergency that was proclaimed following the coup attempt of July 15, 2016, continued until July 18, 2018, that is to say, 2 years, without taking into account whether the initial circumstances persisted. As part of this work, we claim that the state of emergency provided the executive power with important tools for governing, which it took constant use. We can highlight how the concern for security at the center of the basic considerations of the people in a city was exploited as a foundation by the military power in Turkey to interfere in the political, legal, and social spheres. The constitutions of 1924, 1961, and 1982 entrusted the army with the role of protector of the integrity of the state. This became an instrument at the hands of the military to legitimize their interventions in the name of public security. Its interventions in the political field are indeed politically motivated. The constitution, the legislative, and regulatory systems are modified and monopolized by the military power that dominates the legislative, regulatory, and judicial power, leading to a state of exception. With the political convulsions over a decade, the government was able to usurp the instrument called the state of exception. In particular, the decree-laws of the state of emergency, which the executive makes frequent and generally abusive use, became instruments in the hands of the government to take measures that it wishes to escape from the rules and the pre-established control mechanisms. Thus the struggle against the political opposition becomes more unbalanced and destructive. To this must also be added the ineffectiveness of ex-post controls and domestic remedies. This research allows us to stress how a legal concept, such as ‘the state of emergency’ can be politically exploited to make it a legal weapon that continues to produce victims.

Keywords: constitutional law, state of emergency, rule of law, instrumentalization of law

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Authors: Katie Strong, Brian P. O'Connor, Jacqueline M. Kanippayoor

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To date, self-report measures of psychopathy have largely been conceptualized with a male-focused understanding of the disorder, with the presumption that psychopathy expression is uniform across genders. However, generalizing this understanding to the female population may be misleading. The objective of this research was to explore gender differences in the expression of psychopathy and to assess current self-report psychopathy measures for gender bias. It was hypothesized that some items in commonly used measures of psychopathy may show gender bias and that existing measures may not contain enough items that are relevant to the manifestation of psychopathy in women. An exploratory investigation was conducted on statistical bias in common measures of psychopathy, and novel, relevant, but previously neglected items and measures were included in a new data collection. The participant pool included a sample of 403 university students and 354 participants recruited using Amazon Mechanical Turk. Item Response Theory methods - including Differential Item Functioning - were used to assess for the item- and test- level bias across several common self-report measures of psychopathy. Analyses indicated occasional and modest levels of item-level bias, and that some additional female-relevant items merit consideration for inclusion in measures of psychopathy. These findings suggest that current self-report measures of psychopathy may be demonstrating gender-bias and warrant further examination.

Keywords: gender, measurement bias, personality, psychopathy

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Authors: V. Petkova, V. Valchanova, D. Grekova, K. Andreevska, S. T. Geurguiev, V. Madgarov, D. Grekov

Abstract:

Introduction: Production, distribution and sale of cosmetics is a global industry, which played a key role in the European Union (EU), the US and Japan. A major participant EU whose market cosmetics is greater than in the US and 2 times greater than that in Japan. The output value of the cosmetics industry in the EU is estimated at about € 35 billion in 2001. Nearly 5 billion cosmetic products (number of packages) are sold annually in the EU, and the main markets are France, Germany, Italy, Spain and the UK. The aim of the study is legal and marketing analysis of cosmetic products dispensed in a pharmacy. Materials and methodology: Historical legislative analysis - the method is applied in the analysis of changes in the legislative regulation of the activities of cosmetic products in Japan and Bulgaria Comparative legislative analysis - the method is applied when comparing the legislative requirements for cosmetic products in the already mentioned countries. Both methods are applied to the following regulations: 1) Japanese Pharmaceuticals Affairs Law, Tokyo, Japan, Ministry of Health, Labour and Welfare; 2) Law on Medicinal Products for Human Use; effective from 3.01.2014. Results: The legislative framework for cosmetic products in Bulgaria and Japan is close and generally includes general guidelines: Definition of a medicinal product; Categorization of drugs (with differences in sub-categories); Pre-registration and marketing approval of the competent authorities; Compulsory compliance with gmp (unlike cosmetics); Regulatory focus on product quality, efficacy and safety; Obligations for labeling of such products; Created systems Pharmacovigilance and commitment of all parties - industry and health professionals; The main similarities in the regulation of products classified as cosmetics are in the following segments: Full producer responsibility for product safety; Surveillance of market regulatory authorities; No need for pre-registration or pre-marketing approval (a basic requirement for notification); Without restrictions on sales channels; GMP manuals for cosmetics; Regulatory focus on product safety (than over efficiency); General requirements in labeling: The main differences in the regulation of products classified as cosmetics are in the following segments: Details in the regulation of cosmetic products; Future convergence of regulatory frameworks can contribute to the removal of barriers to trade, to encourage innovation, while simultaneously ensuring a high level of protection of consumer safety.

Keywords: cosmetics, legislation, comparative analysis, Bulgaria, Japan

Procedia PDF Downloads 591

Authors: Pouria Ghidi

Abstract:

Creating convergence in trade is very important, but in practice, this seems out of reach due to the conflict of interests and views of countries. The most important mission of UNCITRAL is to standardize and modernize international trade law through legislative and non-legislative tools on various issues of international trade law between governments. Unfortunately, the performance of governments has shown that, except in some cases, unity is not welcomed. Therefore, although unification is envisaged as a goal, it is more practical to create convergence between countries. In a variety of ways, UNCITRAL seeks to create a kind of common ground between influential actors in the international trade law system that approaches a degree of convergence of views. Accordingly, this realization seeks to find these mechanisms and their impact on creating convergence among actors in the field of international trade. In other words, this study seeks to address the question of what tools the UN Commission on International Trade Law uses to develop the convergence of rules and regulations in this area, which groups it targets, and at what levels they work.

Keywords: UNCITRAL, harmonization, unification in interpretation, international trade law, model laws

Procedia PDF Downloads 33

Authors: Hafiz Awais Ahmad

Abstract:

This paper aims to examine the root causes of gender-based violence (GBV) in Pakistan and proposes strategies to address this issue. Using a qualitative approach, this study analyzed data from various sources, including interviews with survivors of GBV and experts in the field. The findings revealed that GBV in Pakistan is deeply rooted in patriarchal attitudes and practices, economic insecurity, lack of education, and limited access to justice. The study recommends a multi-faceted approach to address GBV, including legislative reforms, awareness-raising campaigns, economic empowerment, and improved access to justice for survivors. Furthermore, the study highlights the importance of engaging men and boys in efforts to address GBV and promote gender equality. The findings of this study have important implications for policy-makers, practitioners, and researchers working towards ending GBV in Pakistan.

Keywords: gender-based violence, Pakistan, legislative reforms, advocacy

Procedia PDF Downloads 146

Authors: Mohammed Bakhit Kashoob, Mohammed Salim Al-Maashani, Ahmed Abdullah Al-Marhoon

Abstract:

Traffic calming measures are different design features or strategies used to reduce the speed of a traveling vehicle on a particular road. These calming measures are common on rural roads of Oman. Some of these measures are road speed limits, vertical deflections, horizontal deflections, and road signs. In general, vertical deflections such as rumble strips, road studs (cat’s eye), speed tables, and speed humps are widely used. In this paper, as vehicle speeding is a major cause of road traffic crashes and high fatalities in Oman, the effectiveness of existing traffic calming measures at current locations on rural roads is assessed. The study was conducted on the rural roads of Dhofar Governorate, which is located in the south of Oman. A special focus is given to the calming measures implemented on the mountain roads of Dhofar. It is shown that vertical deflection calming measures are effective in reducing vehicle speed to 20 to 40 kph, depending on the vertical deflection type and spacing. Calming measures are also proposed at locations with a high probability of traffic crashes based on the number of traffic crashes at these locations, road type, and road geometry.

Keywords: road safety, rural roads, speed, traffic calming measures, traffic crash

Procedia PDF Downloads 118