Search results for: national laws
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 5015

Search results for: national laws

4895 Regaining Control of Democracy: How National Courts Strategically Utilize Foreign and International Law

Authors: Rana Nasiri, Hamid Vahidkia

Abstract:

Recently, most courts in democratic nations were hesitant to consider foreign and international law. Their approach was to steer clear of using foreign sources of law that conflicted with their own government's stance. Numerous legal experts consider turning to foreign and international law unsuitable. However, those who advocate for using external sources of law also believe that relying on foreign and international law will always be in conflict with the importance of national sovereignty. Therefore, the academic discussion revolves around the commonly known broader debate on ‘the counter-majoritarian difficulty’. This article challenges the idea of tension. It suggests that in many democratic nations' legal systems, including those in the U.S., using foreign and international law can help strengthen domestic democratic processes by protecting them from outside economic, political, and legal influences. Citing international law supports domestic democratic processes and regains national sovereignty from various globalization forces. In other words, national courts must consider foreign and international law to uphold their national political institutions and protect their own status in relation to political branches.

Keywords: international law, social science, US, democracy, politics

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4894 National Health Insurance: An Exploratory Study of Patient Satisfaction

Authors: Nihayatul Munaa, Nyoman A. Damayanti

Abstract:

This study seeks to understand what factors might influence a patient’s perception of health care under national health insurance in early implementation. In Indonesia, National Health Insurance was first implemented in 2014 and planned to achieve universal health coverage by 2019. However, the little understanding of this new policy lead to increase of complaint in hospital as a health care provider. This is a observational descriptive study with cross sectional design method. Data was collected through in-depth interview with 96 patient from Jemursari Islamic Hospital of Surabaya (Rumah Sakit Islam Jemursari Surabaya) who participate in National Health Insurance. Subject was selected by simple random sampling. The findings demonstrated that from five categories, 82,3% patient was satisfied in reliability aspect and 85,4% in assurance aspect, while in tangible, responsiveness and empathy aspect > 90% patient was satisfied. Meanwhile, in Indonesia, the minimum service standard of healthcare of patient satisfaction is 90%.

Keywords: patient’s satisfaction, national health insurance, hospital, complaint

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4893 Measuring Science and Technology Innovation Capacity in Developing Countries: From a National Innovation System

Authors: Haeng A. Seo, Changseok Oh, Seung Jun Yoo

Abstract:

This study attempts to examine the disparities in S&T innovation capacity from 14 developing countries to discuss how to support specific features in national innovation systems. It includes East-Asian, Middle-Asian, Central American and African countries. Here, we particularly focus on five dimensions- resources, activities, network, environment and performance- with 37 indicators. They were derived as structuring components of the relevant diagnostic model, which encompasses the whole process of S&T innovation from the input of resources to the output of economically valuable results. For many developing nations, economic industries remain weaker than actual S&T capabilities, and relevant regulatory authorities may not exist. This paper will be helpful to provide basic evidence and to set directions for better national S&T Innovation capacities and toward national competitiveness.

Keywords: developing countries, measurement, NIS, S&T innovation capacity

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4892 Foreign Artificial Intelligence Investments and National Security Exceptions in International Investment Law

Authors: Ying Zhu

Abstract:

Recent years have witnessed a boom of foreign investments in the field of artificial intelligence (AI). Foreign investments provide critical capital for AI development but also trigger national security concerns of host states. A notable example is an increasing number of cases in which the Committee on Foreign Investment in the United States (CFIUS) has denied Chinese acquisitions of US technology companies on national security grounds. On July 19, 2018, the Congress has reached a deal on the final draft of a new provision to strengthen CFIUS’s authority to review overseas transactions involving sensitive US technology. The question is: how to reconcile the emerging tension between, on the one hand, foreign AI investors’ expectations of a predictable investment environment, and on the other hand, host states’ regulatory power on national security? This paper provides a methodology to reconcile this tension under international investment law. Based on an examination, the national security exception clauses in international investment treaties and the application of national security justification in investor-state arbitration jurisprudence, the paper argues that a traditional interpretation of the national security exception, based on the necessity concept in customary international law, fails to take into account new risks faced by countries, including security concerns over strategic industries such as AI. To overcome this shortage, the paper proposes to incorporate an integrated national security clause in international investment treaties, which includes a two-tier test: a ‘self-judging’ test in the pre-establishment period and a ‘proportionality’ test in the post-establishment period. At the end, the paper drafts a model national security clause for future treaty-drafting practice.

Keywords: foreign investment, artificial intelligence, international investment law, national security exception

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4891 Nationalist Approach to the Music Culture in Early Republic Period in Turkey

Authors: Hilmi Yazici

Abstract:

Just after Ottoman period, new more homogenic republic was struggling to form a national identity and dealing with the cultural and historical background of the nation. This new republic had an aim of modernization and westernization which started in the late ottoman period. In this process, the culture was an important basis to form a new nation and it clearly put forward that the new citizens of the new national republic are to have a modern and national culture. The result of this aimed change was to find the Turkish culture suppressed among the common people of the Anatolia and to take the western modernization and breed this with national culture. So in this context, we can say that this approach separated the people from ottoman culture and its roots to empower the national identity. Repeatedly, it may be said that Turkish folkloric music was an important basis for the new revolution, on the other hand classical Turkish music was alienated with the idea that it didn’t belong to Turkish culture. So the aim of this study is to determine how these efforts to nationalize a new identity and culture was successful and conscious intervention to folkloric Turkish music became efficient.

Keywords: opera, nationalism in music, Turkish music

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4890 The Analysis of the Role of Handicrafts in Consolidating Iran National Identity

Authors: Nadia Pourabbas Tahvildari

Abstract:

National identity is formed in the process of time and in the community while influenced by the historical events. The country which has a more coherent national and historical identity would be successful as well as strengthening solidarity and social cohesion. Among the international community where the various likes challenge the subject of identity, taking into consideration the components which using identity seems to be very critical. Handicrafts as reflecting the historical and cultural characteristics of the product location can be used as an important component in order to introduce the culture and identity to be evaluated. As one of the most durable crafts for man, handicrafts have played a continuous role in sustaining human culture. Today without the presence of handicrafts, restoration of culture and national identity and religious beliefs of the past clans and people, is not only difficult but is even impossible also. Due to its brilliant historical experience and having rich culture and civilization, Iran has accomplished to the high competence in the field of traditional arts and handicrafts. This article is a scientific approach which by using descriptive – analytic method based on library studies tried to address the issue of handicrafts looking to examine the position of the industry to consolidate the national identity. Studies indicate that Iran as one of the original human habitats in the field of handicrafts has adequate enrichment and in case there will be an appropriate planning and investment away from oil-based industry, it would be beneficent. Furthermore, the quality and variety of handicrafts can be used as an essential yardstick for the consolidation of Iran national identity in the age of globalization.

Keywords: handicrafts, Iran national identity, globalization, cultural heritage

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4889 Evaluation and Analysis of the Regulations of Health and Safety in the Construction Industry: A Case of Study in Skikda, Algeria

Authors: Khorief Ouissem, Sassi Boudmagh Souad, Mahimoud Aissa

Abstract:

The health and safety problem in the construction companies has been a major subject of research in Algeria for many years. The latest statistics of the Algerian National Social Security Fund (CNAS) shows that a third of accidents recorded at the national level are originated from construction activities. It is becoming increasingly essential and urgent to investigate and address its causes in order to find measures to overcome the deficiencies in this area. Thus, this paper takes in investigating this problem through a study conducted in the city of Skikda, Algeria. The study was carried out through questionnaire where twenty construction companies were taking into consideration. First, the study identifies the regulations and the laws related to the health and safety in the construction sector in Algeria. Then it goes on to assess and evaluate the implementation of the identified regulations in the companies selected. The result of the assessment indicates that the majority of the construction companies considered do not meet the health and safety standards and regulations. To extract the main causes of the failure of the system to control this industry, the observations and the evaluation were analyzed using the 5M or Ichikawa diagram method. This method is based on identifying the causes of the problem in terms of purpose, the list of potential causes for families. These families often correspond to 5M (Labor, Material, Methods, Middle, and Management). Finally, having identified the primary motives, the present authors propose a list of actions to move towards a more controlled and effective health and safety system for the construction industry.

Keywords: health and safety, construction industry, performance measurement, Algeria

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4888 Rohingya Problem and the Impending Crisis: Outcome of Deliberate Denial of Citizenship Status and Prejudiced Refugee Laws in South East Asia

Authors: Priyal Sepaha

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A refugee crisis is manifested by challenges, both for the refugees and the asylum giving state. The situation turns into a mega-crisis when the situation is prejudicially handled by the home state, inappropriate refugee laws, exploding refugee population, and above all, no hope of any foreseeable solution or remedy. This paper studies the impact on the capability of stateless Rohingyas to migrate and seek refuge due to the enforcement of rigid criteria of movement imposed both by Myanmar as well as the adjoining countries in the name of national security. This theoretical study identifies the issues and the key factors and players which have precipitated the crisis. It further discusses the possible ramifications in the home, asylum giving, and the adjoining countries for not discharging their roles aptly. Additionally, an attempt has been made to understand the scarce response given to the impending crisis by the regional organizations like SAARC, ASEAN and CHOGAM as well as international organizations like United Nations Human Rights Council, Security Council, Office of High Commissioner for Refugees and so on, in the name of inadequacy of monetary funds and physical resources. Based on the refugee laws and practices pertaining to the case of Rohingyas, this paper analyses that the Rohingya Crisis is in dire need of an effective action plan to curb and resolve the biggest humanitarian crisis situation of the century. This mounting human tragedy can be mitigated permanently, by strengthening existing and creating new interdependencies among all stakeholders, as further ignorance can drive the countries of the Indian Sub-continent, in particular, and South East Asia, by and large into a violent civil war for seizing long-awaited civil rights by the marginalized Rohingyas. To curb this mass crisis, it will require the application of coercive pressure and diplomatic pursuance on the home country to acknowledge the rights of its fleeing citizens. This further necessitates mustering adequate monetary funds and physical resources for the asylum providing state. Additional challenges such as devising mechanisms for the refugee’s safe return, comprehensive planning for their holistic economic development and rehabilitation plan are needed. These, however, can only come into effect with a conscious strive by the regional and international community to fulfil their assigned role.

Keywords: asylum, citizenship, crisis, humanitarian, human rights, refugee, rohingya

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4887 Legal Problems with the Thai Political Party Establishment

Authors: Paiboon Chuwatthanakij

Abstract:

Each of the countries around the world has different ways of management and many of them depend on people to administrate their country. Thailand, for example, empowers the sovereignty of Thai people under constitution; however, our Thai voting system is not able to flow fast enough under the current Political management system. The sovereignty of Thai people is addressing this problem through representatives during current elections, in order to set a new policy for the countries ideology to change in the House and the Cabinet. This is particularly important in a democracy to be developed under our current political institution. The Organic Act on Political Parties 2007 is the establishment we have today that is causing confrontations within the establishment. There are many political parties that will soon be abolished. Many political parties have already been subsidized. This research study is to analyze the legal problems with the political party establishment under the Organic Act on Political Parties 2007. This will focus on the freedom of each political establishment compared to an effective political operation. Textbooks and academic papers will be referenced from studies home and abroad. The study revealed that Organic Act on Political Parties 2007 has strict provisions on the political structure over the number of members and the number of branches involved within political parties system. Such operations shall be completed within one year; but under the existing laws the small parties are not able to participate with the bigger parties. The cities are capable of fulfilling small political party requirements but fail to become coalesced because the current laws won't allow them to be united as one. It is important to allow all independent political parties to join our current political structure. Board members can’t help the smaller parties to become a large organization under the existing Thai laws. Creating a new establishment that functions efficiently throughout all branches would be one solution to these legal problems between all political parties. With this new operation, individual political parties can participate with the bigger parties during elections. Until current political institutions change their system to accommodate public opinion, these current Thai laws will continue to be a problem with all political parties in Thailand.

Keywords: coalesced, political party, sovereignty, elections

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4886 Multilingualism and the Question of National Language in Nigeria

Authors: Salome Labeh

Abstract:

Diverse Languages that exist in Nigeria, gave rise to the need to choose among these languages, which one or ones to be used as the National Language(s) in Nigeria. The Multilingual Nature of Nigeria has been examined, in relation to the provisional result of 1991 census conducted in Nigeria and the status of language policy in the country, which eventually led to the discovery of the fact that Hausa, Igbo, Yoruba languages have the highest speaker in terms of population, and are already made co-official languages in Nigeria, alongside with English language. Then, these languages should be considered as the National Languages, if eventually a language policy emerges in Nigeria.

Keywords: multilingual, languages, culture, Nigeria

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4885 From Al Capone to Silk Road: Money Laundering Regulation for Cryptocurrency on the Horizon

Authors: Chinelle van der Westhuizen

Abstract:

The introduction of cryptocurrencies as an alternative payment system have placed governments in a challenging position in relation to the regulatory status of cryptocurrencies and the money laundering activities associated with it. In April 2018, the Australian government amended its Anti-Money Laundering laws to regulate digital currency exchanges in an attempt to regulate money laundering activities and the introduction of ‘know-your-customer’ policies within the digital currency sector. Part one of this paper explores the use of cryptocurrencies for money laundering purposes and its significance to money launderers. Part two studies the efficacy of the current Australian Anti-Money Laundering laws and whether more can be done on a regulatory level. This paper will, therefore, highlight recent court decisions and legislation in terms of money laundering activities within these alternative payment systems in Australia and the United Kingdom. Part three of the paper will further analyze recent case studies by the Australian Transaction Reports and Analysis Centre and the Office for Professional Body Anti-Money Laundering Supervision in the United Kingdom as the regulatory bodies for money laundering activities. The case studies and research will explore the legal disputes and future regulation concerning the use of cryptocurrencies and money laundering on a national as well as international level. This paper intends to highlight that although cryptocurrency is viewed as an innovative global phenomenon and an alternative method of payment, there are a number of legal issues associated with its use that indicate the need for regulatory reform. It is recommended in this paper that the Financial Action Task Force, International Monetary Fund as well as concerned governments have ongoing discussions on these regulatory issues and how to address it appropriately, whether through legislation or universal guidelines. Therefore, the conclusion of this paper will emphasize the benefits of a regulatory regime for money laundering activities within the cryptocurrency space and that the lack of such a regime may be detrimental to countries.

Keywords: cryptocurrency, know-your-customer policy, money laundering, regulation

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4884 Examining the Influences of Exchange Programmes on Youths' National Identity: A Hong Kong Case Study

Authors: Annie Y. N. Cheng

Abstract:

Since the handover of Hong Kong to China, 'National Identity' has become a vital focus promoted by the HKSAR government. According to the poll by the University of Hong Kong’s Public Opinion Programme (2010 – 2015), young people aged between 18 and 29 have the least and decreasing recognition, an average 5.5%, of their Chinese identity. Past research has shown that student participation in exchange programmes and study tours provides the possibility of new formulations of national identity. Since the Policy Address 2008, the HKSAR government has been actively expanding and exploring the feasibility of Mainland exchange programmes to enhance our youths’ understanding of Chineseness and to strengthen their national identity. Schools have been sponsored or subsidized with the costs of Mainland exchange activities through various grants and channels. Considering the significantly increasing number of Hong Kong youths who have participated in these Mainland exchange programmes and study tours, however, the effectiveness of these activities is understudied. At present, there is the lack of systematic research on the impacts of these activities and the ways in which they influence our students’ perceptions of national identity. Using case study approach, this study aims to examine students’ perceptions of their national identity; and evaluate whether the Mainland exchange programmes or study tours have influences on students’ perceptions of national identity. Results show that the influences on national identity varied which were dependent on the objectives and destinations of the programmes. The findings of this study can provide significant feedback for schools to organize meaningful Mainland exchange activities or study tours and inform policy makers how to formulate effective strategies for promoting such exchange activities.

Keywords: Hong Kong youth, mainland exchange programme, national identity, study tours

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4883 Strategy Research for the Development of Thematic Commercial Streets - Based On the Survey of Eight Typical Thematic Commercial Streets in Harbin

Authors: Wang Zhenzhen, Wang Xu, Hong Liangping

Abstract:

The construction of thematic commercial streets has been on the hotspot with the rapid development of cities. In order to improve the image and competitiveness of cities, many cities are building or rebuilding thematic commercial streets. However, many contradictions and problems have emerged during this process. Therefore, it is significant, for both the practice and the research, to analyse the development of thematic commercial streets and provide some useful suggestions. Through the deep research and comparative study of the eight typical thematic commercial streets in Harbin, this paper summarize the current situations, laws and influencing factors of the development of these streets, and then put forward some suggestions about the plan, constructions and developments of the thematic commercial streets.

Keywords: thematic commercial streets, laws of the development, influence factors, the constructions and developments, degrees of aggregation

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4882 An Optimization Algorithm for Reducing the Liquid Oscillation in the Moving Containers

Authors: Reza Babajanivalashedi, Stefania Lo Feudo, Jean-Luc Dion

Abstract:

Liquid sloshing is a crucial problem for the dynamic of moving containers in the packaging industries. Sloshing issues have been so far mainly modeled within the framework of fluid dynamics or by using equivalent mechanical models with different kinds of movements and shapes of containers. Nevertheless, these approaches do not allow to determinate the shape of the free surface of the liquid in case of the irregular shape of the moving containers, so that experimental measurements may be required. If there is too much slosh in the moving tank, the liquid can be splashed out on the packages. So, the free surface oscillation must be controlled/reduced to eliminate the splashing. The purpose of this research is to propose an optimization algorithm for finding an optimum command law to reduce surface elevation. In the first step, the free surface of the liquid is simulated based on the separation variable and weak formulation models. Then Genetic and Gradient algorithms are developed for finding the optimum command law. The optimum command law is compared with existing command laws, and the results show that there is a significant difference in surface oscillation between optimum and existing command laws. This algorithm is applicable for different varieties of bottles in case of using the camera for detecting the liquid elevation, and it can produce new command laws for different kinds of tanks to reduce the surface oscillation and remove the splashing phenomenon.

Keywords: sloshing phenomenon, separation variables, weak formulation, optimization algorithm, command law

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4881 Framework for the Assessment of National Systems of Innovation in Biotechnology

Authors: Andrea Schiffauerova, Amnah Alzeyoudi

Abstract:

This paper studies patterns of innovation within national constitutional context. Its objective is to examine national systems of innovation in biotechnology in six leading innovative countries: the US, Japan, Germany, the UK, France and Canada. The framework proposed for this purpose consists of specific factors considered critical for the development of national systems of innovation, which are industry size, innovative activities, area of specialization, industry structure, national policy, the level of government intervention, the stock of knowledge in universities and industries, knowledge transfer from universities to industry and country-specific conditions for start-ups. The paper then uses the framework to provide detailed cross-country comparisons while highlighting particular features of national institutional context which affect the creation and diffusion of scientific knowledge within the system. The study is primarily based on the extensive survey of literature and it is complemented by the quantitative analysis of the patent data extracted from the United States Patent and Trademark Office (USPTO). The empirical analysis provides numerous insights and greatly complements the data gained from the literature and other sources. The final cross-country comparative analysis identifies three patterns followed by the national innovation systems in the six countries. The proposed cross-country relative positioning analysis may help in drawing policy implications and strategies leading to the enhancement of national competitive advantage and innovation capabilities of nations.

Keywords: comparative analysis, framework, national systems of innovation, patent analysis, United States Patent and Trademark Office (USPTO)

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4880 COVID-19 Laws and Policy: The Use of Policy Surveillance For Better Legal Preparedness

Authors: Francesca Nardi, Kashish Aneja, Katherine Ginsbach

Abstract:

The COVID-19 pandemic has demonstrated both a need for evidence-based and rights-based public health policy and how challenging it can be to make effective decisions with limited information, evidence, and data. The O’Neill Institute, in conjunction with several partners, has been working since the beginning of the pandemic to collect, analyze, and distribute critical data on public health policies enacted in response to COVID-19 around the world in the COVID-19 Law Lab. Well-designed laws and policies can help build strong health systems, implement necessary measures to combat viral transmission, enforce actions that promote public health and safety for everyone, and on the individual level have a direct impact on health outcomes. Poorly designed laws and policies, on the other hand, can fail to achieve the intended results and/or obstruct the realization of fundamental human rights, further disease spread, or cause unintended collateral harms. When done properly, laws can provide the foundation that brings clarity to complexity, embrace nuance, and identifies gaps of uncertainty. However, laws can also shape the societal factors that make disease possible. Law is inseparable from the rest of society, and COVID-19 has exposed just how much laws and policies intersects all facets of society. In the COVID-19 context, evidence-based and well-informed law and policy decisions—made at the right time and in the right place—can and have meant the difference between life or death for many. Having a solid evidentiary base of legal information can promote the understanding of what works well and where, and it can drive resources and action to where they are needed most. We know that legal mechanisms can enable nations to reduce inequities and prepare for emerging threats, like novel pathogens that result in deadly disease outbreaks or antibiotic resistance. The collection and analysis of data on these legal mechanisms is a critical step towards ensuring that legal interventions and legal landscapes are effectively incorporated into more traditional kinds of health science data analyses. The COVID-19 Law Labs see a unique opportunity to collect and analyze this kind of non-traditional data to inform policy using laws and policies from across the globe and across diseases. This global view is critical to assessing the efficacy of policies in a wide range of cultural, economic, and demographic circumstances. The COVID-19 Law Lab is not just a collection of legal texts relating to COVID-19; it is a dataset of concise and actionable legal information that can be used by health researchers, social scientists, academics, human rights advocates, law and policymakers, government decision-makers, and others for cross-disciplinary quantitative and qualitative analysis to identify best practices from this outbreak, and previous ones, to be better prepared for potential future public health events.

Keywords: public health law, surveillance, policy, legal, data

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4879 Analyses of the Constitutional Identity in Hungary: A Case Study on the Concept of Constitutionalism and Legal Continuity in New Fundamental Law of Hungary

Authors: Zsuzsanna Fejes

Abstract:

The aim of this paper is to provide an overview of the legal history of constitutionalism in Hungary, in focus of the democratic transitions in 1989-1990, describing the historical and political background of the changes and presenting the main and most important features of the new democracy, and institutional and legal orders. In Hungary the evolved political, economic and moral crisis prior to the constitutional years 2010-11 had been such a constitutional moment, which led to an opportune and unavoidable change at the same time. The Hungarian constitutional power intended to adopt a new constitution, which was competent to create a common constitutional identity and to express a national unity. The Hungarian Parliament on 18th April 2011 passed the New Fundamental Law. The new Fundamental Law rich in national values meant a new challenge for the academics, lawyers, and political scientists. Not only the classical political science, but also the constitutional law and theory have to struggle with the interpretation of the new declarations about national constitutional values in the Fundamental Law. The main features and structure of the new Fundamental Law will be analysed, and given a detailed interpretation of the Preamble as a declaration of constitutional values. During the examination of the Preamble shall be cleared up the components of Hungarian statehood and national unity, individual and common human rights, the practical and theoretical demand on national sovereignty, and the content and possibilities for the interpretation of the achievements of the historical Constitution. These scopes of problems will be presented during the examination of the text of National Avowal, as a preamble of the Fundamental Law. It is examined whether the Fundamental Law itself could be suitable and sufficient means to citizens of Hungary to express the ideas therein as their own, it will be analysed how could the national and European common traditions, values and principles stated in the Fundamental Law mean maintenance in Hungary’s participation in the European integration.

Keywords: common constitutional values, constitutionalism, national identity, national sovereignty, national unity, statehood

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4878 Ethno-Religious Conflicts In Nigeria; Implications for National Security

Authors: Samuel Onyekachi Chidi

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Nigeria today faces more internal threats stemming from ethnic and religious conflicts than external sources. This article seeks to examine the ethno-religious conflicts in Nigeria from 2015 to 2021 and their impact on national security. The research was guided by six objectives. The theoretical framework adopted for this study is Structural Conflict Theory, which provides an adequate explanation, a predictive rationale for the frequent occurrence of ethno-religious conflicts and a tendency to provide the necessary insight for their resolution. The results of the study revealed that there is a strong relationship between ethnicity, religion, conflict and national security and that the ethno-religious conflicts experienced in Nigeria have gross implications for national security. The study recommends that the secularity of the Nigerian state be restored and preserved and that the state of origin be removed and replaced by the state of residence in all our national documents, as this will reduce ethnic identity, which is in opposition to nationalism. Religious leaders, traditional rulers, the media and other stakeholders should support the government in its fight to reduce ethno-religious conflict by sensitizing its youth, preaching unity and peaceful coexistence, and discouraging the use of violence as a means of settling disputes between groups and individuals.

Keywords: ethnicity, religion, conflict, national security

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4877 Decent Work Agenda in the Philippines: A Capacity Assessment

Authors: Dianne Lyneth Alavado

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At the turn of the millennium, development paradigms in the international scene revolved around one goal: elimination of global poverty without comprising human rights. One measure which achieved high endorsement and visibility in the world of work is the Decent Work Agenda (DWA) championed by the United Nation’s (UN) specialized agency for work, the International Labour Organization (ILO). The DWA has been thoroughly promoted and recommended as an ingredient of development planning and a poverty reduction strategy, particularly in developing countries such as the Philippines. The global imperative of economic growth is measurable not only in the numbers raked in by countries in terms of expanding economy but also by the development and realization of the full capacities of their people. Decent work (DW), as an outcome and not just a development approach, promises poverty eradication by means of providing both quantity and quality work that is accompanied by rights, representation, and protection. As a party to these international pacts, the Philippines is expected to heed the call towards a world free from poverty through well-endorsed measures such as the DWA with the aid of multilateral and donor organizations such as the ILO. This study aims to assess the capacity and readiness of the Philippines to achieve the goals of the DWA. This is a qualitative research using the sociological and juridical lens in the desk analysis of existing Philippine laws, policies, and programs vis-à-vis decent work indicators set forth by the ILO. Interview with experts on the Philippine labor situation is conducted for further validation. The paper identifies gaps within the Philippine legal system and its collection of laws, acts, presidential decrees, department orders and other policy instruments aimed towards achieving the goals of the DWA. Among the major findings of this paper are: the predisposition of Philippine labor laws towards the formal sector; the need for alternative solutions for the informal sector veering away from the usual dole-outs and livelihood projects; the needs for evaluation of policies and programs that are usually self-evaluated; the minimal reach of the labour inspectorate which ensures decent work; and the lack of substantial penalty for non-compliance with labor laws. The paper concludes with policy implications and recommendations towards addressing the potholes on the road to Decent Work.

Keywords: decent work agenda, labor laws, millennium development goals, poverty eradication, sustainable development goal

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4876 Strategies for Achieving Application of Science in National Development

Authors: Orisakwe Chimuanya Favour Israel

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In a world filled with the products of scientific inquiry, scientific literacy has become a necessity for everyone because it is indispensable to achieving technological development of any nation. Everyone needs to use scientific information to make choices that arise every day. Everyone needs to be able to engage intelligently in public discourse and debate about important issues that involves science and technology. And everyone deserves to share in the excitement and personal fulfillment that can come from -understanding and learning about the natural world. No doubt that industrialized countries have, through their control of science and technology education, developed the potential to increase production, and to improve the standard of living of their people. The main thrust of this paper therefore, is to present an overview of science education, strategies for achieving application of science in national development, such as teaching science with the right spirit of inquiry. Also, the paper discussed three research models that can help in national development and suggests the best out of the three which is more realistic for a developing country like ours (Nigeria) to follow for a sustainable national development and finally suggests some key ways of solving problems of development.

Keywords: scientific inquiry, scientific literacy, strategies, sustainable national development

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4875 Revisiting Ecotourism Development Strategy of Cuc Phuong National Park in Vietnam: Considering Residents’ Perception and Attitudes

Authors: Bui Duc Sinh

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Ecotourism in national parks seemed to be one of the options in the conservation of the natural resources and to improve the living condition of local communities. However, ecotourism development will be useless if it lacks the perception and support of local communities and appropriate ecotourism strategies. The aims of this study were to measure residents’ perception and satisfaction towards ecotourism impacts and their attitudes for ecotourism development in Cuc Phuong National Park; to assess the current ecotourism strategies based on ecotourism criteria and then to provide recommendations on ecotourism development strategies. The primary data were collected through personal observations, in-depth interviews with residents and national park staffs, and from surveys on households in all of the five communes in the Cuc Phuong National Park. The results depicted that local communities were aware of ecotourism impacts and had positive attitudes toward ecotourism development, and were satisfied of ecotourism development. However, higher perception rate was found on specific groups such as the young, the high income and educated, and those with jobs related to ecotourism. The study revealed the issues of concerns about the current ecotourism development strategies in Cuc Phuong National Park. The major hindrances for ecotourism development were lack of local participation and unattractive ecotourism services. It was also suggested that Cuc Phuong National Park should use ecotourism criteria to implement ecotourism activities sustainably and to harmonize the sharing of benefits amongst the stakeholders. The approaches proposed were to: create local employment through reengineering, improve the ecotourism quality, appropriate tourism benefits to the stakeholders, and carry out education and training programs. Furthermore, the results of the study helped tour operators and tourism promoters aware the real concerns, issues on current ecotourism activities in Cuc Phuong National Park.

Keywords: ecotourism, ecotourism impact, local community, national park

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4874 Sexual Consent and Persons with Psychosocial Disabilities: Exploring Sexual Rights under Indian Laws

Authors: Sachin Sharma

Abstract:

Sexual consent is integral to every sexual relationship. It is a process to facilitate sexual autonomy and bodily integrity. It assures complete sexual personhood and allows an individual to explore her sexual expressions independently. But the said proposition is not true for people with psychosocial disabilities. Generally, they are considered seraphic or mephistophelic and denied access to sexual autonomy. This result in institutionalizing the sexuality of disabled persons, where the eugenics-ableist narrative defines assessment and access to consent. This way, sexuality and disability are distanced apart. It is primarily due to the stigmatized socio-cultural constructs of sexuality that define sex within a “standard” and “charmed” circle. Such stigmatized expression influences the law, as it considers people with psychosocial disabilities incapable of sexual consent. The approach of legal institutions is very narrow towards interpreting their sexual rights. It echoes the modernist-ableism and strangulates the sexual choices. This way, it reflects the repressive model of sex and denies space to people with psychosocial disabilities. Moreover, judicial courts follow old and conservative methods while dealing with sexual issues. For instance, courts still practice the “standardized” norm of intelligence quotient (IQ) for determining the credibility of persons with psychosocial disabilities. Further, there is still doubt about assistive communicative techniques. This paper will try to question the normative structure of sexual consent and related laws while specifically addressing the issues of sex as desire and abuse. Considering the commitment to the United Nations Convention on the Rights of Persons with Disabilities (herein referred to as UNCRPD) and common law experience, the paper will draw a comparative study on the legal position of sexual rights in India. The paper will also analyze the role of UNCRPD in addressing sexual rights. The author will examine the position of sexual rights of people with psychosocial disabilities after the drafting of UNCRPD and specific state laws. The paper primarily follows the doctrinal method.

Keywords: sexual autonomy, institutionalized choices, overregulated laws, violation of individuality

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4873 Audit Management of Constipation According to National Institute for Health and Care Excellence Guideline

Authors: Areej Makeineldein Mustafa

Abstract:

The study evaluates the management processes and healthcare provider compliance with the National Institute for Health and Care Excellence recommendations for constipation management. We aimed to evaluate the adherence to National Institute for Health and Care Excellence guidelines in the management of constipation during the period from February to June 2023. We collected data from a random sample ( 51 patients) over 4 months with inclusion criteria for patients above 60 who were just admitted to the care of the elderly department during this period. Patient age, sex, medical records for constipation, acute or chronic constipation, or opioid-induced constipation, and treatment options were used to identify constipation and the type of treatment given. Our findings indicate that there is a gap between practice and National Institute for Health and Care Excellence guideline steps; only 3 patient was given medications according to National Institute for Health and Care Excellence guidelines in order of combination or steps of escalation. Addressing these gaps could potentially lead to enhanced patient outcomes and an overall improvement in the quality of care provided to individuals suffering from constipation.

Keywords: constipation, elderly, management, patient

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4872 Preliminary Study of Medicinal Plants in Phu Langka National Park, Nakhon Phanom Province, Thailand

Authors: W. Chatan, W. Promprom

Abstract:

Phu Langka National Park is located in Nakhon Phanom Province, the Northeast of Thailand. It contains about 50 km2 of one mountain and three types of forest including deciduous dipterocarp, mixed deciduous and dry evergreen forests. It was interesting area because of that there were some local ethnic groups living around the national park and most people use plants in this area for their life. The objective of this research is to preliminary survey of the use of medicinal plants from this area by local ethnic groups living around the national park. Colour photographs of each species were prepared. In addition, ecology, distribution in the study area, utilization and vernacular names were provided. The result showed that sixteen species of medicinal plant species were found and most plants were used for digestive system and wound. The voucher specimens were deposited in the Forest Herbarium, Department of National Parks, Wildlife and Plant Conservation (BKF), Thailand.

Keywords: diversity, ethnobotany, ethnophamacology, taxonomy, utilization

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4871 Ensuring a Sustainable National Development Through Entrepreneurship Education in Nigerian Tertiary Institutions

Authors: Adeyemi Oluremi Olubusuyi

Abstract:

In most of the developed countries, entrepreneurship education has been and will continue to be, a great economic stimulator. Entrepreneurship advantages cannot be overemphasized in any society that desires sustainable national development because it creates new technologies, production and services; which in turn encourage improved productivity and rapid economic growth. Economic growth will invariably have positive influences on the health, thereby leading to sound body systems, increase in the lifespan, improvement in social status and standard condition of living. Promoting an effective application of entrepreneurship education principle will, in no small measure, propel Nigeria to the much desired enviable national development level which the country is currently yearning for. The focus of this paper is to discuss entrepreneurship education with reference to its concept, nature, objectives and development approaches.

Keywords: entreprenuership, entrepreneurship education, national development, tertiary institutions

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4870 Combating Money Laundering and Inroads into Banking Secrecy: Evidence from Malaysia

Authors: Aspalella A. Rahman

Abstract:

It is widely accepted that the investigation of money laundering and the tracing and confiscation of criminal proceeds have intruded into the principles of banking secrecy. The inroads into banking secrecy present serious threats to democracy, and more importantly, to the traditional banker-customer relationship. It is generally accepted that the fight against money laundering is in conflict with the secrecy rule. Banking secrecy is a customer privilege whereas combating crime is critical for public safety and security. Indeed, achieving a proper balance is a desirable goal. But how we go about achieving such a balance is a question encountered by many law enforcement authorities. Therefore, this paper examines the effect of disclosure under the Malaysian anti-money laundering laws on the traditional duty of banks to keep the customer’s information confidential. It also analyzes whether the Malaysian laws provide a right balance between a duty to keep customer’s information secret and a duty to disclose such information in the fight against money laundering. On closer inspection, it is submitted that the Malaysian laws provide sufficient safeguards to ensure that the disclosure of customer’s information is carried out in a manner that is not prejudicial to the interest of legitimate customers. This is a positive approach that could protect the innocent customers from being mistreated by the law. Ultimately, it can be said that the growing threat of global money laundering and terrorism makes the overriding of banking secrecy justified because without a flow of information from the banks, the effective prevention of the menace is not possible.

Keywords: anti-money laundering law, banker-customer relationship, banking secrecy, confidentiality, money laundering

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4869 Potential Field Functions for Motion Planning and Posture of the Standard 3-Trailer System

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

Abstract:

This paper presents a set of artificial potential field functions that improves upon; in general, the motion planning and posture control, with theoretically guaranteed point and posture stabilities, convergence and collision avoidance properties of 3-trailer systems in a priori known environment. We basically design and inject two new concepts; ghost walls and the Distance Optimization Technique (DOT) to strengthen point and posture stabilities, in the sense of Lyapunov, of our dynamical model. This new combination of techniques emerges as a convenient mechanism for obtaining feasible orientations at the target positions with an overall reduction in the complexity of the navigation laws. The effectiveness of the proposed control laws were demonstrated via simulations of two traffic scenarios.

Keywords: artificial potential fields, 3-trailer systems, motion planning, posture, parking and collision, free trajectories

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4868 Eco-Friendly Cleansers Initiation for Eco-Campsite Development in Khao Yai National Park, Thailand

Authors: Tatsanawalai Utarasakul

Abstract:

Environmental impact has occurred at Khao Yai National Park, especially the water pollution by tourist activities as a result of 800,000 tourists visiting annually. To develop an eco-campsite, eco-friendly cleansers were implemented in Lam Ta Khlong and Pha Kluay Mai Campsites for tourists and restaurants. The results indicated the positive effects of environmentally friendly cleansers on water quality in Lam Ta Khlong River and can be implemented in other protected areas to decrease chemical contamination in ecosystems.

Keywords: sustainable tourism management, eco-campsite, Khao Yai National Park, ecology

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4867 The Influence of the Laws of Ergonomics on the Design of High-Rise Buildings

Authors: Valery A. Aurov, Maria D. Bausheva, Elena V. Uliyanova

Abstract:

The problems of sustainability of contemporary high-rise buildings now demand an altogether new approach, which corresponds with the laws of dialectics. We should imply the principle “going from mega-object to the so called mezzo-object.” So the scientists have arrived at the conclusion that a contemporary “skyscraper” must not increase in height but develop horizontal space axes which unite a complex of high-rise buildings into a single composition. This is necessary both for safety issues and increasing skyscrapers’ functioning qualities. As a result, architects single out a quality unit in a dominating group of high-rise constructions and make a conclusion about the influence of visual fields on the designing parameters of this group.

Keywords: design, high-rise buildings, skyscrapers, sustainability, visual fields, dominating group, regulations, design recommendations

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4866 Tussle of Intellectual Property Rights and Privacy Laws with Reference to Artificial Intelligence

Authors: Lipsa Dash, Gyanendra Sahu

Abstract:

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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