Search results for: president Muhammadu Buhari
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 135

Search results for: president Muhammadu Buhari

75 Authority and Function of Administrative Organs According to the Constitution: A Construction of Democracy in the Administrative Law of Indonesia

Authors: Andhika Danesjvara, Nur Widyastanti

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The constitution regulates the forms, types, and powers of sState organs in a government. The powers of the organs are then regulated in more detail in the legislation. One of these organs is a government organ, headed by a president or by another name that serves as the main organizer of government. The laws and regulations will govern how the organs of government shall exercise their authority and functions. In a modern state, the function of enacting laws or called executive power does not exercise the functions of government alone, but there are other organs that help the government run the country. These organs are often called government agencies, government accelerating bodies, independent regulatory bodies, commissions, councils or other similar names. The legislation also limits the power of officials within the organs to keep from abusing its authority. The main question in this paper is whether organs are the implementation of a democratic country, or as a form of compromise with the power of stakeholders. It becomes important to see how the administrative organs perform their functions. The administrative organs that are bound by government procedures work in the public service; therefore the next question is how far the function of public service is appropriate and not contradictory to the constitution.

Keywords: administrative organs, constitution, democracy, government

Procedia PDF Downloads 259
74 Language as an Instrument of Manipulation and Political Control in Nigeria: The 2015 Presidential Election in Perspective

Authors: Abdulmalik Adamu

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This study is premised on the assumption that language, particularly, English plays a significant role in the acquisition of power in Nigeria. This is against the backdrop of the fact that for the first time in the political history of Nigeria, an opposition party succeeded in dethroning an incumbent President and ruling political party in an election. Therefore the main objective was to investigate the role of language, particularly English in the acquisition of political power in Nigeria. The corpus generated for this study consisted of excerpts from the media exchange between the spokespersons of the two dominant political parties at the time of the elections in 2015; Olisa Metuh of the Peoples Democratic Party (PDP) and Lai Mohammed of the All Progressive Party (APC). The excerpts were analysed using Critical Discourse Analysis (CDA) as a research tool. The findings revealed the acceptance of the first proposition that English facilitates the acquisition of political power in Nigeria and the rejection of the second proposition that English is an instrument for the exclusion of the populist from political events in Nigeria. The study, therefore, concluded that language, particularly English played a significant role in the acquisition of political power in Nigeria.

Keywords: language, power, politics, Critical Discourse Analysis (CDA)

Procedia PDF Downloads 370
73 The Success and Failure of the Solicitor General When the U.S. Government Appears as a Direct Party before the U.S. Supreme Court

Authors: Joseph Ignagni, Rebecca Deen

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This paper analyzes the extent to which the U.S. Supreme Court votes to support the position of the United States in cases where the government is a party to the litigation. This study considers the relationship between the Solicitor General’s Office and the U.S. Supreme Court. The Solicitor General has the unique position of being the representative of the Executive Branch and the U.S. government before the Supreme Court. While a great deal of research has looked at the Solicitor General’s success as a “friend of the court,” far less has considered this relationship when the U.S. is a direct party in the litigation. This paper investigates the success rate of the Solicitor General’s Office in these cases. We find that there is considerable variation in the U.S. government’s success rate before the Court depending on the issue, Supreme Court leadership, the ideological direction of the Court and whether the U.S. approached the Court as a petitioner or respondent. We conduct our analysis on the Court’s decisions from 1953-2009. This study adds to our understanding of checks and balances, separation of powers, and inter-institutional relationships between the branches of the federal government of the United States.

Keywords: U.S. president, solicitor general, U.S. Supreme Court, separation of power, checks and balances

Procedia PDF Downloads 327
72 The Right to State Lands: A Case Study of a Squatter Community in Egypt

Authors: Salwa Salman

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On February 2016, Egypt’s President Abdel Fattah Al-Sisi ordered the former Prime Minister, Ibrahim Mehleb, to establish a committee responsible for retrieving looted state lands or providing squatters with land titles according to their individual cases. The specificity of desert lands emerges from its unique position in both Islamic law and Egypt’s Civil Code. In Egypt, desert lands can be transferred to private ownership through peaceful occupation and cultivation. This study explores the (re-) conceptualization of land rights, state territoriality, and sovereignty as a part of an emerging narrative on informal land tenure. Through the lens of an informal settlement, the study employs methodological insights from studies in the anthropology of development and their interpretation of Foucauldian discourse analysis to examine official representations on squatting over state lands and put them in conversation with individual narratives on land ownership and dispossession. It also employs Bruno Latour’s actor-network theory to explore the development of social networks through primary land contracts and informal local resource management.

Keywords: State lands, squatter community, Islamic law, Egypt’s Civil Code

Procedia PDF Downloads 138
71 Ideological Passing: A Study of Tawfiq Al-Hakim’s The River of Madness

Authors: Yasser Khamis Ragab Aman

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Tawfiq Al-Hakim (1898-1987) celebrated the 1919 Revolution by writing The Return of The Spirit published in 1933, a novel which portrayed national awakening and illustrated the cult of a nationalist leader, such as Saad Zaghloul so much that it influenced Egypt’s first president Gamal Abdel Nasser. However, in 1974, and because of an excruciating sense of disappointment, Al-Hakim wrote The Return of Consciousness. Between losing and regaining consciousness, Al-Hakim wrote The River of Madness, a short play published in 1937. It portrays an old kingdom established in a distant place where there is a conflict between the King and his minister, who have not drunk from the river of madness, on the one hand, and the inhabitants of the kingdom who thought that the King and the minister have gone mad because they refused to drink from the river. (Each party doubted the sanity of the other). In fact, the King and the minister differ in their political stance from the rest of the people. By philosophical reasoning, the minister convinces the King that it is safer to go mad with the majority than to be treated as an unwanted minority. It is believed that in The River of Madness, Al-Hakim deftly portrays an example of ideological passing as an alternative solution that can save the country from the woes of the aftermath of revolution and civil war.

Keywords: ideological passing, Al Hakim, The River of Madness, Arabic literature

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70 Rice Blessing Ceremony of Thailand and Vietnam: The Relation of Southeast Asia

Authors: Patthida Bunchavalit, Saharot Kittimahacharoen

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The objective of this article is to compare rice blessing ceremony between Thailand and Vietnam. Both countries are located in Southeast Asia where agriculture is the main occupation. As a result of the study, it is found that the rice blessing ceremony of Thai and Vietnamese societies have differences and similarities. A person leading the ceremony is a person who has the highest position in the country. For Thailand, it is the king or royal family member while for Vietnam, it is the president. In Thailand, the ceremony began in Ayutthaya period which derived from Buddhism and Brahmanism ideology. It is annually organized in the beginning of raining season. In Vietnam, it is annually organized in the beginning of spring. The first time it occurred was in Tien Le Monarchy period of Thien Phuc era deriving from Chinese ideology. The differences are ideas, believes, objectives and details of the ceremony. It is, in Thailand, to boost farmer’s morale and to predict the fertility of crops in each year. Additionally, there is a prediction using royal cows. Meanwhile, in Vietnam the purpose is to worship god of weather for seasonal rain and productive harvesting. Therefore, it is presumed that the rice blessing ceremony of Thailand and Vietnam somewhat have similarities in spite of having different origin but are on the same basis of belief.

Keywords: agriculture, ceremony, culture, Thailand, Vietnam

Procedia PDF Downloads 158
69 The Shrinking of the Pink Wave and the Rise of the Right-Wing in Latin America

Authors: B. M. Moda, L. F. Secco

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Through free and fair elections and others less democratic processes, Latin America has been gradually turning into a right-wing political region. In order to understand these recent changes, this paper aims to discuss the origin and the traits of the pink wave in the subcontinent, the reasons for its current rollback and future projections for left-wing in the region. The methodology used in this paper will be descriptive and analytical combined with secondary sources mainly from the social and political sciences fields. The canons of the Washington Consensus was implemented by the majority of the Latin American governments in the 80s and 90s under the social democratic and right-wing parties. The neoliberal agenda caused political, social and economic dissatisfaction bursting into a new political configuration for the region. It started in 1998 when Hugo Chávez took the office in Venezuela through the Fifth Republic Movement under the socialist flag. From there on, Latin America was swiped by the so-called ‘pink wave’, term adopted to define the rising of self-designated left-wing or center-left parties with a progressive agenda. After Venezuela, countries like Chile, Brazil, Argentina, Uruguay, Bolivia, Equator, Nicaragua, Paraguay, El Salvador and Peru got into the pink wave. The success of these governments was due a post-neoliberal agenda focused on cash transfers programs, increasing of public spending, and the straightening of national market. The discontinuation of the preference for the left-wing started in 2012 with the coup against Fernando Lugo in Paraguay. In 2015, the chavismo in Venezuela lost the majority of the legislative seats. In 2016, an impeachment removed the Brazilian president Dilma Rousself from office who was replaced by the center-right vice-president Michel Temer. In the same year, Mauricio Macri representing the right-wing party Proposta Republicana was elected in Argentina. In 2016 center-right and liberal, Pedro Pablo Kuczynski was elected in Peru. In 2017, Sebastián Piñera was elected in Chile through the center-right party Renovación Nacional. The pink wave current rollback points towards some findings that can be arranged in two fields. Economically, the 2008 financial crisis affected the majority of the Latin American countries and the left-wing economic policies along with the end of the raw materials boom and the subsequent shrinking of economic performance opened a flank for popular dissatisfaction. In Venezuela, the 2014 oil crisis reduced the revenues for the State in more than 50% dropping social spending, creating an inflationary spiral, and consequently loss of popular support. Politically, the death of Hugo Chavez in 2013 weakened the ‘socialism of the twenty first century’ ideal, which was followed by the death of Fidel Castro, the last bastion of communism in the subcontinent. In addition, several cases of corruption revealed during the pink wave governments made the traditional politics unpopular. These issues challenge the left-wing to develop a future agenda based on innovation of its economic program, improve its legal and political compliance practices, and to regroup its electoral forces amid the social movements that supported its ascension back in the early 2000s.

Keywords: Latin America, political parties, left-wing, right-wing, pink wave

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68 Opinions of Individuals from Different Age and Income Brackets on the Duterte Administration's Overall Performance

Authors: Jose Carlos Montemayor, Kendrick Thomas Angelo Santos

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Filipinos have been divided on President Rodrigo Duterte’s leadership ever since his election in 2016. This study aimed to gain a thorough, in-depth understanding of the opinions of Filipinos from different age and income brackets on these issues in order to address the lack of studies analysing the current Philippine political landscape. An interview tackling relevant national issues were conducted with twelve respondents from the intersections of four age groups and three income brackets. The government’s handling of some issues received mixed opinions, some had neutral viewpoints, while others had more unfavorable ones. The responses differed on three levels: (1) the general stance on an issue; (2) the strength of a stance; and (3) the factoring in of an issue in forming an overall perception on the administration’s performance. Contrary to previous studies on political thought, opinions varied greatly such that no unique set of viewpoints could be attributed to any of the defined age or income groups. These results will be most useful to political science researchers, political analysts, and candidates shaping their platforms for the upcoming elections. Future studies are recommended to tackle more national issues and to consider other factors that may affect political opinions and behavior.

Keywords: age groups, opinion formation, socioeconomic brackets, Philippine politics, Rodrigo Duterte

Procedia PDF Downloads 99
67 Homosexuality in Burundi and Homosexuals Rights

Authors: Ciza Didier

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By definition, homosexuality designates the sexual or amorous attraction towards a person of the same sex or of the same gender as one's own. The Burundi country has superficially 27834km2 with 13 millions of population. There are groups of certain people assuming that they are homosexual and that they want to claim their rights. Burundian homosexuals often organise seminars in the premises of the National Health Security Agency (NHSA) located at Kigobe quarter, in Bujumbura, this is the place where they meet to try to exchange and create their association for claim their rights. There are 2 categories of homosexuals: - gays: homosexuality between men (male sex) - lesbians: homosexuality between women (female sex) In the gay couple, there is one who behaves like a woman and often wears feminine styles while the other always remains like a man and always wears masculine styles. In the lesbian couple, there is one who behaves like a man and wears men's styles while the other remains as she is like a woman. In general, Burundian society is against homosexuality. Our society sees them as pariahs carrying a curse. According to Burundian culture and customs, homosexuality is satanic, therefore it is a great sin. In April 2011, Burundian President Pierre Nkurunziza signed a law criminalizing homosexual acts and providing for a sentence of three months to two years in prison, as well as a fine of BIF 50,000 to BIF 100,000 for any homosexual behavior. The investigation recently done shows that out of 300 people questioned, 299 were against homosexuality saying that it is against Burundian culture and 1 was for homosexuality. All Burundians are not against homosexuality. Their country must therefore take into consideration the small party of people who are for homosexuality. Homosexuals, too, need to live like others.

Keywords: homosexuality, lesbian, gay, law

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66 The Stereotypes of Female Roles in TV Drama of Taiwan and Japan

Authors: Ya Ting Tang

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Social learning theory has told us that the cognitions of gender roles come from learning. Thus, the images of gender roles which media describes will shape our cognitions. Taiwan and Japan are both in the East Asian cultural Sphere, and more or less influenced by the traditional Chinese culture. But our social structure and changes must be different. Others, the study also concerns that, with the rise of female consciousness in society, whether the female stereotype in drama of Taiwan and Japan are improved. This research first uses content analysis to analyze drama of Taiwan and Japan in 2003 and 2013 on how to shape female roles. Then use text analysis to conduct a qualitative analysis. Result of this study showed that drama on how to depict women indeed have changed, women are no longer just talk about love, but can serve as president or doctor, and show its mettle in the workplace. In Japanese drama, the female roles have diverse occupation than Taiwanese drama, and not just a background character set. But in most Taiwanese drama, female roles are given a career, but it always put emphasis on women emotionally. To include, although the stereotype in the drama of Taiwan and Japan are improved, female will still be derided due to their ages, love or marriage situations. Taiwanese drama must depict the occupation of female more diverse and let the female roles have more space to play, rather than focusing on romance which women of any occupation can have.

Keywords: female images, stereotype, TV drama, gender roles

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65 Development of Tourism Infrastructure and Cultural Heritage: Case of Gobustan Preserve

Authors: Rufat Nuriyev

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Located in the eastern part of the Republic of Azerbaijan and on the western shore of the Caspian Sea, Gobustan National Reserve was inscribed as Gobustan Rock Art Cultural Landscape into the World Heritage List in 2007. Gobustan is an outstanding rock art landscape, where over 6000 rock engravings were found and registered, since the end of Upper Paleolithic up to the Middle Ages. Being a rock art center, the Gobustan seeks to stimulate public awareness and disseminate knowledge of prehistoric art to enrich educational, cultural and artistic communities regionally, nationally and internationally. Due to the Decree of the President of the Republic of Azerbaijan and the “Action Plan” , planned actions started to realize. Some of them implemented before of stipulated date. For the attraction of visitors and improvement of service quality in the museum-reserve, various activities are organized. The building of a new museum center at the foot of the Beyukdash Mountain has been completed in 2011. Main aims of the new museum building and exhibition was to provide better understanding of the importance of this monument for local community, Azerbaijanian culture and the world. In the Petroglyph Museum at Gobustan, digital and traditional media are closely integrated to reveal the complexity of historical, cultural and artistic meaning of prehistoric rock carvings of Gobustan. Alongside with electronic devices, the visitor gets opportunity of direct contact with artifacts and ancient rock carvings.

Keywords: Azerbaijan, Gobustan, rock art, museum

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64 The Promise of Nunca Más after Cambiemos: Representations of the 2x1 Decision of the Supreme Court and Santiago Maldonado's Disappearance in the Newspaper La Nación

Authors: Uluhan Berk Ondul

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This article aims to shed light on the new stage of transitional justice in Argentina through examining the representations of the 2x1 decision of the Supreme Court and Santiago Maldonado’s Disappearance in the newspaper, La Nación. The two events hold the key to understanding Argentina’s journey since return to democracy as they are about the same crimes of the dictatorship, namely, the forced disappearance of civilians and the subsequent impunity that follows. In the case of a convicted torturer, The Supreme Court of Argentina ruled on 3rd of May 2017 that the days spent in preventive detention after two years should be counted double for the overall sentence. This court decision was met with severe resistance from the members of the parliament as well as the human rights movement. The second item on the list still continues and divides the country into two camps: (1) those who think that the police force has committed another act of forced disappearance in the case of activist Santiago Maldonado and (2) the others who blame the peronistas (the party and supporters of the ex-president Cristina Fernandez de Kirchner) of using this subject as a means to score political points. As a newspaper known for its proximity to the current administration, La Nación offers an insight to the direction of the country and also demonstrates how the neoliberal mindset works. The results of the study show that the transitional justice process in Argentina is far from being complete as the Promise of Nunca Más is still not a shared value but a political statement.

Keywords: Argentina, Fallo 2x1, impunity, Santiago Maldonado, transitional justice

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63 The Effect of Socio-Economic Factors on Electric Vehicle Charging Behavior: An Investigation

Authors: Judith Mwakalonge, Geophrey Mbatta, Cuthbert Ruseruka, Gurcan Comert, Saidi Siuhi

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Recent advancements in technology have fostered the development of Electric Vehicles (EVs) that provides relief from transportation dependence on natural fossil fuels as sources of energy. It is estimated that more than 50% of petroleum is used for transportation, which accounts for 28% of annual energy use. Vehicles make up about 82% of all transportation energy use. It is also estimated that about 22% of global Carbon dioxide (CO2) emissions are produced by the transportation sector, therefore, it raises environmental concerns. Governments worldwide, including the United States, are investing in developing EVs to resolve the issues related to the use of natural fossil fuels, such as air pollution due to emissions. For instance, the Bipartisan Infrastructure Law (BIL) that was signed by President Biden on November 15th, 2021, sets aside about $5 billion to be apportioned to all 50 states, the District of Columbia, and Puerto Rico for the development of EV chargers. These chargers should be placed in a way that maximizes their utility. This study aims at studying the charging behaviors of Electric Vehicle (EV) users to establish factors to be considered in the selection of charging locations. The study will focus on social-economic and land use data by studying the relationship between charging time and charging locations. Local factors affecting the charging time and the chargers’ utility will be investigated.

Keywords: electric vehicles, EV charging stations, social economic factors, charging networks

Procedia PDF Downloads 57
62 Content Analysis of Images Shared on Twitter during 2017 Iranian Protests

Authors: Maryam Esfandiari, Bohdan Fridrich

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On December 28, 2017, a wave of protests erupted in several Iranian cities. Protesters demonstrated against the president, Hasan Rohani, and theocratical nature of the regime. Iran has a recent history with protest movements, such as Green Movement responsible for demonstrations after 2009 Iranian presidential election. However, the 2017/2018 protests differ from the previous ones in terms of organization and agenda. The events show little to no central organization and seem as being sparked by grass root movements and by citizens’ fatigue of government corruption, authoritarianism, and economic problems of the country. Social media has played important role in communicating the protests to the outside world and also in general coordination. By using content analyses, this paper analyzes the visual content of Twitter posts published during the protests. It aims to find the correlation between their decentralized nature and nature of the tweets – either emotionally arousing or efficiency-elicit. Pictures are searched by hashtags and coded by their content, such as ‘crowds,’ ‘protest activities,’ ‘symbols of unity,’ ‘violence,’ ‘iconic figures,’ etc. The study determines what type of content prevails and what type is the most impactful in terms of reach. This study contributes to understanding the role of social media both as a tool and a space in protest organization and portrayal in countries with limited Internet access.

Keywords: twitter, Iran, collective action, protest

Procedia PDF Downloads 124
61 The U.S.-Taliban Peace Deal: Two-level Game Logic and Actors’ Payoffs

Authors: Zafar Iqbal

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This article aims at analyzing the U.S.-Taliban peace deal considering the cross- pressures that both parties (U.S. and Taliban) faced and eventually paved the way for a negotiated settlement to the two-decade-long war. The paper first discusses the peace process initiated by President Obama in 2009 and then explores the factors that compelled both the parties to sign this deal. The study is based on secondary data and interviews done with the leading experts on Afghanistan along with the Taliban Qatar office spokesperson’s interview. The theoretical framework is based on the interplay of diplomacy and domestic politics: two-level games logic proposed by Robert D. Putnam. The two-level games suggest that actors involved in negotiations face cross-pressures and are constrained both by the expectations of the domestic audience and their counterpart’s zone of possible agreement. This paper will take the cross pressures for both sides as the permissive factors for the entire process of negotiations. However, there will be a slight aberration in the application of Putnam’s two-level games. In this case, it is not inter-state negotiations but between an all-powerful state and the unyielding non-state actors. The study concludes that both the parties faced domestic as well as international pressure which compelled them to sign a deal that could lead to an end of the two-decade-long war. Furthermore, it looks at the potential prospects and challenges of the deal following the U.S. withdrawal.

Keywords: neo-Taliban insurgency, negotiations, two-level game, U.S.-Taliban peace deal, U.S. withdrawal

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60 Securitization of Illegal Fishing Cases in Natuna Waters by Indonesian Government: Study Case of Chinese Vessels Shootouts 2016

Authors: Ray Maximillian, Idil Syawfi

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Indonesia’s Exclusive Economic Zone and the infamous China’s nine-dash line are intersected in Natuna waters. Even though from Indonesia perspective, that line does not possess any legal basis, China treat that line as their national boundaries, therefore allowing Chinese fishermen to fish in the area. Under President Joko Widodo leadership, Indonesia which now focusing to suppress illegal fishing cases while emphasizing their maritime sovereignty is facing an imminent threat from China’s presence in Natuna. Tension between these countries spiked after three incident happened on 2016, especially after Indonesian navy shot Chinese fishermen vessel that suspected doing illegal fishing activity. This action seen as an attempt to secure Indonesia’s law enforcement in their waters after several months before such attempt was intervened by Chinese coast guard. Indonesia tries to securitize this issue to justify the shooting they done to Chinese vessels. In the process of securitization, it is imperative to identify the existential threat that leads to implementation of emergency measures which responded by units in the cases. Chinese coast guard presence in Natuna perceived as an existential threat to Indonesia, therefore, responded by shooting to Chinese vessels on the next encounter. This action then responded by Chinese government who said that there is overlapping claim between them and Indonesia in Natuna.

Keywords: China, illegal fishing, Indonesia, natuna, securitization

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59 Media Diplomacy in the Age of Social Networks towards a Conceptual Framework for Understanding Diplomatic Cyber Engagement

Authors: Mohamamd Ayish

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This study addresses media diplomacy as an integral component of public diplomacy which emerged in the United States in the post-World War II era and found applications in other countries around the world. The study seeks to evolve a conceptual framework for understanding the practice of public diplomacy through social networks, often referred to as social engagement diplomacy. This form of diplomacy is considered far more ahead of the other two forms associated with both government controlled and independent media. The cases of the Voice of America Arabic Service and the 1977 CBS interviews with the late Egyptian President Anwar Sadat and Israeli Prime Minister Menachem Begin are cited in this study as reflecting the two traditional models. The new social engagement model sees public diplomacy as an act of communication that seeks to effect changes in target audiences through a process of persuasion shaped by discourse orientations and technological features. The proposed conceptual framework for social, diplomatic engagement draws on an open communication environment, an empowered audience, an interactive and symmetrical process of communication, multimedia-based flows of information, direct and credible feedback, distortion and high risk. The writer believes this study would be helpful in providing appropriate knowledge pertaining to our understanding of social diplomacy and furnishing concrete insights into how diplomats could harness virtual space to maximize their goals in the global environment.

Keywords: diplomacy, engagement, social, globalization

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58 The Impact of a Five-Day Basic Disaster Management Training on Disaster Risk Reduction: Case Study of Indonesia Defense University

Authors: Jazmi Adlan Bohari, I. Dewa Ketut Kerta Widana

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Education on disaster management has been made as a mainstream focus of many countries. In Indonesia, this has been emphasized with the direct order of the President of Indonesia to implement disaster education at all levels in both formal and informal education. Indonesia Defense University (IDU) executes this order through Three Pillars of Higher Education, which consists of research, education, and community service. One of them is a five-day disaster management training for 105 participants divided into three batches that consist of faculty members and graduate students. This training uses the 2018 Basic Disaster Management Training Modul issued by the Indonesia National Disaster Management Agency (BNPB). This research aims to analyze the impact of this short training on the trainee’s knowledge and understanding of basic disaster management. This study is a qualitative research with case study approach. The research shows that after five days of training, there as a significant increase in knowledge and understanding of basic disaster management experienced by the trainees with a 61,73% overall increase. The post-training data shows that 61% of the trainees have a very good understanding, 24% with good understanding, 13% with adequate understanding, and 2% with poor understanding. The result suggests that a short-time education with a structured curriculum can successfully increase the knowledge and understanding of disaster management on a basic level and can hypothetically contribute to the effort to reduce disaster risks.

Keywords: disaster education, basic disaster management training, three Pillars of Higher Education, disaster risk reduction

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57 Judicial Independence and Preservation of the Rule of Law in Africa: The Case of South Africa

Authors: Mbuzeni Mathenjwa

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Upon their independence, most African countries adopted constitutions that proclaim respect for the rule of law. The decision to constitutionalise the rule of law is basically informed by the countries’ experience during the colonial era which was characterised by discrimination on various grounds including race, gender and religion. Despite the promise to be bound by and adhere to the rule of law, disrespect for the rule of law has become a norm in the African continent. This is evident from the reported incidence of abuse of power, failure to perform obligations imposed by law and flagrant disregard of the law by the Executive including the heads of states in the continent. In some African countries including South Africa, the courts of law have been approached to rule on the legality of the decisions of the executives, taken contrary to the prescripts of the law. South African Courts have laid down a number of decisions wherein they found that the conduct of the executive contravenes the rule of law. Consequently decisions of the executive have been declared invalid by courts. In this regard courts have become a safety net in preserving the rule of law in. Accordingly, this paper discusses the role of the courts in preserving the rule of law in Africa. This it does by explaining the notion of judicial independence and the doctrine of the rule of law. The explanation on the notion of judicial independence is relevant because only an independent judiciary can effectively review and set aside the decision of the executive including the president of a country. Furthermore, a comparative overview of the enforcement of the rule of law in African countries is done. The methods used for this research is literature review, and study of legislation and case law in selected African countries relating to the independence of the judiciary and the rule of law. Finally, a conclusion is drawn on the role of the independent judiciary to preserve the rule of law in Africa.

Keywords: Africa, constitutions, independence, judiciary

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56 A Preliminary Study of Local Customers' Perception towards the Image of the Spa and Their Intention to Visit

Authors: Felsy J. Sandi

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There is a potential of growth in the spa industry due to the influx of domestic and international tourist coming to Sabah, Malaysia. It is a good opportunity to venture into this industry for the country’s economic future growth, and therefore, it is essential for this area to be researched. Being one of the fastest growing industries in the world, has led to enormous challenges, which need to be addressed. Malaysia is also riding with this phenomenon. The President of the Malaysian Association of Wellness and Spa stated that the misconception about the Spa industry’s image, especially amongst the elderly is the biggest challenge faced by the industry, as they perceived the spa industry is equivalent to a prostitution center. Therefore, the objective of this study is to explore the issue by analyzing whether image can be added in the theory of planned behavior to better understand the consumer’s intention to visit, in the spa context. The Theory of Planned Behavior by Ajzen, a theory or model in predicting intention, has three constructs; such as Attitude as the first construct, the second construct is Subjective Norm and the third construct is Perceived Behavioral Control. Qualitative research is used as this is an exploratory research. The site of study will be at Jari Jari Spa, located in Kota Kinabalu, the only spa in Sabah that was awarded as the Center of Excellence (CoE) by the Ministry of Tourism and Culture in Malaysia. The findings propose to provide useful information to the relevant stakeholders on ways to approach local customers to convince them to visit the spa and for spa marketers to help them develop and design effective marketing strategies. Future investigation should consider more on the perception and loyalty of the local customers.

Keywords: consumer's perception, image, local customer, spa, visit intention

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55 The Current Development and Legislation on the Acquisition and Use of Nuclear Energy in Contemporary International Law

Authors: Uche A. Nnawulezi

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Over the past decades, the acquisition and utilization of nuclear energy have remained a standout amongst the most intractable issues which past world leaders have unsuccessfully endeavored to grapple with. This study analyzes the present advancement and enactment on the acquisition and utilization of nuclear energy in contemporary international law. It seeks to address international co-operations in the field of nuclear energy by looking at what nuclear energy is all about and how it came into being. It also seeks to address concerns expressed by a few researchers on the position of nuclear law in the most extensive domain of the law by looking at the authoritative procedure for nuclear law, system of arrangements and traditions. This study also agrees in favour of treaty on non-proliferation of nuclear weapons based on human right and humanitarian principles that are not duly moral, but also legal ones. Specifically, the past development activities on nuclear weapon and the practical system of the nuclear energy institute will be inspected. The study noted among others, former president Obama's remark on nuclear energy and Pakistan nuclear policies and its attendant outcomes. Essentially, we depended on documentary evidence and henceforth scooped a great part of the data from secondary sources. The study emphatically advocates for the adoption of absolute liability principles and setting up of a viability trust fund, all of which will help in sustaining global peace where global best practices in acquisition and use of nuclear energy will be widely accepted in the contemporary international law. Essentially, the fundamental proposals made in this paper if completely adopted, might go far in fortifying the present advancement and enactment on the application and utilization of nuclear energy and accordingly, addressing a portion of the intractable issues under international law.

Keywords: nuclear energy, international law, acquisition, development

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54 History on the Screen: Nasser and the Biographical Film in Egyptian Cinema

Authors: Omar Khalifah

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The emergence of Muhammad Fadel’s 1996 film ‘Nasser 56’ ushered in a new era in Egyptian cinema. Not only was it the first biographical film of late Egyptian president Gamal ‘Abdel Nasser (1918-1970); it also broke a long-accepted taboo against cinematic depiction of modern political leaders. Passionately received by Egyptians and Arabs throughout the world, the success of ‘Nasser 56’ empowered other filmmakers to follow Fadel’s suit. Interestingly, the three biographical films that followed had, completely or partially, a Nasser dimension. In addition to another biographical film of Nasser, Anwar al-Qawadri’s ‘Gamal ‘Abdel Nasser’ (1999); Muhammad Khan’s ‘Ayyam al-Sadat (Days of Sadat)’ (2001), and Sherif Arafa’s ‘Halim (Halim)’ (2006) portray, as the titles clearly suggest, two significant figures whose lives thoroughly intersected with Nasser’s - Nasser’s successor Anwar al-Sadat and the legendary singer Abdel Halim Hafiz. Expectedly, therefore, Nasser himself is abundantly referenced in those films, albeit differently. This paper seeks to examine the ways in which Egyptian filmmakers impersonate Nasser on the screen. Starting with scholarly definitions of the biopic, the paper will first ponder the reasons that have made the biopic an unattractive genre to Egyptian filmmakers. It will then argue that the popularity of Nasser and his wide appeal to the public has transformed the status of the biopic genre in Egyptian cinema. However, the impersonation of Nasser in the four films above proved a daunting mission to filmmakers. As this paper will show, unless he is the main character, the reenactment of Nasser in films will constantly pose dilemmas to filmmakers, a few of which will be discussed in this paper.

Keywords: Ahmad Zaki, bio-pictures, Egyptian cinema, Nasser, Nasser 56

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53 Cross-Cultural Experiences of South Asian Students in Chinese Universities: Predictors of the Students' Social-Media Engagements

Authors: Nadeem Akhtar, An Ran, Cornelius B. Pratt

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China’s President Xi' vision of Belt and Road Initiative, an infrastructural project of development and connectivity, is attracting international students to Chinese universities, with Pakistan and India among the top-10 countries of origin of those students (Ministry of Education China, 2018). An additional factor in international students’ interest in Chinese universities is their improving global rankings of Chinese universities. Against that backdrop, this study addresses two overarching questions: (a) What factors explain South Asian students’ study-away experiences, particularly in their multicultural environments? and (b) What role do new media play in their adaptation to that environment? This study is guided by Stephen’s (2011) theoretical model, which suggests that social networks influence immigrants’ interactions with host and home culture. The present study used a structured questionnaire distributed through both WeChat and other online platforms to international students studying in Chinese universities. Preliminary results are threefold: (a) that the frequency of use of social media is a predictor of the level of adjustment of the students to their multicultural environment; (b) that social engagement with their international-student peers is a moderating factor in their experiential outcomes; and (c) length of stay in Chinese universities, surprisingly, was not a predictor of adaptation. A major implication of these findings is that, even though social media tend to be criticized for contributing to anomie and to diminishing social capital among youths and millennials, they can be poignant tools for cultural adaptation, particularly among international students in China. It remains to be seen if such outcomes occur among international students in other countries or world regions.

Keywords: adaptation, China's Belt and Road Initiative, international students, social media

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52 Hijabs, Burqas and Burqinis: Freedom of Religious Expression In The French Public Sphere

Authors: John Tate

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In 2004, the French Parliament banned the “hijab” in public schools, and in 2010 it prohibited the “burqa” and “niqab” in “public places.” The result was a “secular” outcome involving the removal of these garments, often identified with Islamic religious and cultural practice, from the French public sphere. Yet in 2016, the French local council bans on the “burqini” were overruled by France’s highest administrative court, the Conseil d’État, allowing for their retention in the public sphere. Unlike the burqa and hijab bans, the burqini bans produced significant divisions at the highest echelons of the French political class, with the Prime Minister, Manuel Valls, and the President, François Hollande, finding themselves at odds on the issue. This article seeks to achieve four aims. It seeks to (a) explain the contrary outcomes between key French state institutions, such as the Conseil d’État and the French Parliament, concerning the hijab and burqa bans, and the Conseil d’État and French local councils, concerning the burqini bans; (b) to do so by identifying two qualitatively distinct, and at times incompatible, conceptions of laïcité, present within official French public discourse, and applied by these French state institutions to underwrite these respective outcomes; (c) explain why, given these contrary conceptions of laïcité, and these contrary outcomes, the widespread identification of laïcité with “secularism” is both misleading and inaccurate; and (d) provide an explanation why senior members of the French political class were divided on the burqini bans when they were not divided on the nation-wide prohibitions of the hijab in public schools and the burqa in public places. In regard to this last question, the article seeks to ask why the Burqini was “different”?

Keywords: liberalism, republicanism, laïcité, citizenship

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51 The European Refugee Crisis and Its Effects on the Relationships between Turkey and the European Union

Authors: Ebru Nergiz

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The world is facing one of the biggest refugee crisis’ in history as hundred thousands of refugees who run away from the battle and genocide in the Middle East are travelling illegally to reach Europe over the Mediterranean and Aegean Sea. The number of refugees has reached huge numbers due to the civil war that was caused by the Arab Spring. The number of asylum applications to the European Union has also increased in parallel with the increase in the number of refugees. The conflict in Syria between the government of Bashar Al-Assad and various other forces, which started in the spring of 2011, continues to cause displacement within the country and across the region. The refugee situation caused by the Syrian conflict has placed enormous strain on neighboring countries Lebanon, Jordan, Iraq, Egypt, and especially Turkey. Turkey hosts massive numbers of Syrian refugees, almost 3 million and Syrians have been seeking protection in increasing numbers. The refugee crisis has affected the relationships between Turkey and the European Union deeply. President of the European Council Donald Tusk chaired a meeting of EU heads of state or government with Turkey on 29 November 2015. The meeting opened a new era in the relationships between Turkey and the European Union in terms of the migration crisis. The EU and Turkey agreed to negotiate Turkey's accession process to the European Union and to hold regular summits on Turkey-EU relations and discuss these issues. This paper looks at the reasons and consequences of the European refugee crisis and its effects on Turkey- European Union relationships. This paper also argues that the European Union has not sufficiently contributed toward alleviating the burden caused by the refugee influx, in terms of both financial assistance and refugee resettlement. The European Union’s priority is to guarantee that the lowest possible number of refugees reach Europe rather than to ensure the security of the refugees.

Keywords: European Union, human rights, refugee crisis, Turkey-European union relationships

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50 3+3 Regional Cooperation Format and the South Caucasus

Authors: Eka Darbaidze

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Due to its important geopolitical location and strategic economic situation, the South Caucasus has been a region that has been a crossroads of interests between different states and empires since ancient times. Over the centuries, the forms of international relations with regard to the South Caucasus region have been constantly changing, however, the national interests of the Caucasian nations as well as the interests of the regional hegemonic powers in relation to the countries of the South Caucasus have remained almost unchanged. The conflict-ridden South Caucasus's attempt to create a new format of regional cooperation has a rather rich history, dating back to the collapse of the Soviet Union. However, despite the diversity of initiatives, they do not deviate from the format of political statements and it is natural that the case was never settled before their implementation, as none of the previous cooperation initiatives was able to reach all members of the region. The current regional co-operation platform is linked to the name of Turkish President Recep Tayyip Erdogan, who spoke out about the initiative during a visit to Azerbaijan. The so-called 3 + 3 platform for regional cooperation involves cooperation between three countries in the South Caucasus (Armenia, Azerbaijan and Georgia) and three "big neighbors" - Russia, Turkey and Iran. Very soon, the initiative received a positive response from the authorities of Azerbaijan, Iran and Armenia. According to them, this cooperation platform will strengthen cooperation between the countries involved in the regional platform and will focus on security, economic and transport issues. Our goal is to determine the interests of the main regional actors involved in the South Caucasus Cooperation Platform (3 + 3): Iran, Russia and Turkey. Our goal is also to determine what threats, risks or benefits may be associated with the involvement of the three countries of the South Caucasus: Azerbaijan, Armenia and Georgia in this platform and what will be the consequences for Georgia, whose 20% of its internationally recognized borders are still occupied by Russia and whose territory is still under creeping occupation.

Keywords: South Caucasus, Georgia's interest, the interests of Iran, the interests of Turkey, Russian interests, Georgia's occupation

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49 Wellness Tourism in Baluwarti Tourism Village, Surakarta City

Authors: Deria Adi Wijaya, Amad Saeroji, Jimmi Sandi P., Nanang Wijayanto

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Tourism and the creative economy are combinations that can become a sustainable source of welfare that can boost the economy so as to increase the country's foreign exchange. Therefore the development of the tourism sector is one of the priorities in President Joko Widodo's leadership framework for the 2019-2024 period. Entering the current pandemic, each party is required to be able to implement strict health protocols to slow the rate of SARS-Cov2 infection, or what is known as the coronavirus, but on the other hand, the need to turn the wheels of the economy must continue. Therefore, an effort is needed to develop tourism activities that are full of experiences that add health benefits. Anticipating this, the Ministry of Tourism and Creative Economy collaborated with the Ministry of Health to offer an innovative development model, namely wellness tourism. The development of wellness tourism is an alternative that can make a positive contribution to the development of Indonesian tourism during the pandemic. This research seeks to synergize efforts to develop national tourism into the regional sphere; in this case, Baluwarti Tourism Village, which is located within the walls of the Surakarta Sunanate Palace, has the potential to be developed into a wellness tourism destination in Surakarta City. Considering that a village that is in the immediate vicinity of a palace certainly has a variety of potential attractions for royal wellness tourism. The main objectives of this study are 1) to identify the potential for palace-style wellness tourism in Baluwarti Tourism Village; 2) to formulate development in the form of tour packages in Baluwarti Tourism Village. Of course, the development of the wellness tour package is still based on local wisdom, namely a tour package that raises local potential as a palace-style wellness tourism attraction that can improve the economy of the local people through the tourism sector in the post-pandemic era.

Keywords: potential, wellness tourism, Baluwarti Tourism Village, Surakarta Sunanate Palace, Surakarta City

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48 Cohabitation, Ethnicities, and Tolerance: An Anthropologic Approach of Political Conflicts in Mozambique

Authors: Samuel Francisco Ngovene

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Mozambique is a country with cultural segregation along its rivers, dividing the main ethnic groups of Machangana, Macena, and Macua, inter alia South, Centre, and North. This division has led to internal conflicts, seemingly rooted in ethnicity. The aim of this study is to analyze the tolerance of the main ethnic groups in Mozambique in terms of cohabitation, sharing opportunities, and political power. The study utilizes participant observation in the field, group discussions, and a questionnaire targeting 150 respondents split into 50 for each ethnic group. The study finds that people in Mozambique are generally tolerant of cohabiting or marrying individuals from different ethnic groups. However, when it comes to sharing opportunities such as employment or business, there is a perception that individuals from different ethnic groups may be taking away opportunities. Similarly, each ethnic group believes that having a president from their own group would lead to better opportunities for their community. The study highlights the importance of addressing this intolerance, as it can be a source of internal political conflicts. The anthropological approach provides a valuable tool for diplomacy channels to ensure long-lasting peace. Analysis procedures: The data collected through participant observation, group discussions are analytically crosschecked, comparing the opinions of people from different ethnic groups, while the data from the questionnaire are analyzed statistically to understand the level of tolerance among the ethnic groups and their perceptions of sharing opportunities and political power. The study addresses the question of whether the main ethnic groups in Mozambique are tolerant of cohabitation, sharing opportunities, and political power among themselves. The study concludes that while there is overall tolerance for cohabitation and marriage across ethnic groups, there is also a perception that individuals from different ethnic groups may take away opportunities. The study suggests that cultural education from a young age may be an effective way to promote tolerance.

Keywords: cohabitation, ethnicities, Mozambique, political conflicts, tolerance

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47 A Trail of Decoding a Classical Riddle: An Analysis of Russian Military Strategy

Authors: Karin Megheșan, Alexandra Popescu, Teodora Dobre

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In the past few years, the Russian Federation has become a central point on the security agenda of the most important international actors, due to its reloaded aggressiveness of foreign policy. Vladimir Putin, the actual president of the Russian Federation, has proven that Russia can and has the willingness to become the powerful actor that used to be during the Cold War. Russia’s new behavior on the international scene showed that Russia has not only expansionist (where expansionist is not only in terms of territory but also of ideology) intentions, but also the necessary resources, to build an empire that may have the power to counterbalance the influence of the United States and stop the expansion of the North-Atlantic Treaty Organization in an equation understood of multipolar Russian view. But in order to do this, there is necessary to follow a well-established plan or policy. Thus, the aim of the paper is to discuss how has the foreign policy of the Russian Federation evolved under the influence of the military and security strategies of the Russian nation, to briefly examine some of the factors that sculpture Russian foreign policy and behavior, in order to reshape a Russian (Soviet) profile so far considered antiquated. Our approach is an argument in favor of the analyses of the recent evolutions embedded in the course of history. In this context, the paper will include analytical thoughts about the Russian foreign policy and the latest strategic documents (security strategy and military doctrine) adopted by the Putin administration, with the purpose to highlight the main direction of action followed by all these documents together. The paper concludes that the military component is to be found in all these strategic documents, as well as at the core of Russian national interest, aspect that proves that Russia is still the adept of the traditional realist paradigm, reshaped in a Russian theory of the multipolar world.

Keywords: hybrid warfare, military component, military doctrine, Russian foreign policy, security strategy

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46 Judicial Control in a Context of the Concept of Legal Policy of the Republic of Kazakhstan

Authors: G. A. Kuanaliyeva, G. T. Aigarinova, G. K. Shulanbekova

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This article is devoted to judicial control in criminal legal proceedings of the Republic of Kazakhstan in the light of the new Concept of legal policy till 2020. In article the general characteristic and concept of judicial control, and also its signs and types are considered. Different views of scientists are analyzed. Foreign experiment on application of judicial control is given. The author states also the point sight on this problem and gives the definition to concept of judicial control. The code of criminal procedure of the Republic of Kazakhstan (RK Criminal Procedure Code) doesn't consolidate concept of judicial control. The author in article suggests making change and addition to the existing Code of criminal procedure of the Republic of Kazakhstan by definition of judicial control. The decree of the President of the Republic of Kazakhstan of August 24, 2009 No. 858 approved the Concept of legal policy of the Republic for the period from 2010 to 2020. The new Concept of legal policy of the Republic of Kazakhstan, defines prospects of development of national legal system of the country on the following decade. The concept of legal policy completely mentions also institute of judicial control. Since finding of the independence by Kazakhstan the set of laws, including the rights directed on providing, freedoms and a legitimate interest of citizens was accepted. Certainly, in any country, whatever democratic it was, there are problems to human rights. However, it is obvious that Kazakhstan strongly intends to guarantee all Republic of Kazakhstan proclaimed in the Constitution the rights and freedoms of the citizens. Our country seeks for creation of the constitutional state, tries to provide a guarantee from various arbitrariness in activity of competent government bodies, officials. In the concept of legal policy of the Republic of Kazakhstan it is specified: "...priority of development of the criminal procedure right there is a further consecutive realization of the fundamental principles of the criminal legal proceedings directed on protection of the rights and freedoms of the person". Judicial control just also is such guarantee.

Keywords: rights and freedoms of the person, concept, legal policy, court, judicial control

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