Search results for: provisions

Authors: Muthukuda Arachchige Dona Shiroma Jeeva Shirajanie Niriella

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The necessity of protection of the rights of victims of crime is a matter of concerns today. In the criminal justice system, child victims who are subjected to sexual abuse/violence are more vulnerable than the other crime victims. When they go to the police to lodge the complaint and until the end of the court proceedings, these victims are re-victimized in the criminal justice system. The rights of the suspects, accused and convicts are recognized and guaranteed by the constitution under fair trial norm, contemporary penal laws where crime is viewed as an offence against the State and existing criminal justice system in many jurisdictions including Sri Lanka. In this backdrop, a reasonable question arises as to whether the existing criminal justice system, especially which follow the adversarial mode of judicial trial protect the fair trial norm in the criminal justice process. Therefore, this paper intends to discuss the rights of the sexually abused child victims in the criminal justice system in order to restore imbalance between the rights of the wrongdoer and victim and suggest legal reforms to strengthen their rights in the criminal justice system which is essential to end secondary victimization. The paper considers Sri Lanka as a sample to discuss this issue. The paper looks at how the child victims are marginalized in the traditional adversarial model of the justice process, whether the contemporary penal laws adequately protect the right of these victims and whether the current laws set out the provisions to provide sufficient assistance and protection to them. The study further deals with the important principles adopted in international human rights law relating to the protection of the rights of the child victims in sexual offences cases. In this research paper, rights of the child victims in the investigation, trial and post-trial stages in the criminal justice process will be assessed. This research contains an extensive scrutiny of relevant international standards and local statutory provisions. Case law, books, journal articles, government publications such as commissions’ reports under this topic are rigorously reviewed as secondary resources. Further, randomly selected 25 child victims of sexual offences from the decided cases in last two years, police officers from 5 police divisions where the highest numbers of sexual offences were reported in last two years and the judicial officers both Magistrates and High Court Judges from the same judicial zones are interviewed. These data will be analyzed in order to find out the reasons for this specific sexual victimization, needs of these victims in various stages of the criminal justice system, relationship between victimization and offending and the difficulties and problems that these victims come across in criminal justice system. The author argues that the child victims are considerably neglected and their rights are not adequately protected in the adversarial model of the criminal justice process.

Keywords: child victims of sexual violence, criminal justice system, international standards, rights of child victims, Sri Lanka

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Authors: Bo Sun, Ni Zhong

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Bilateral investment treaties have played a role in the construction of the Belt and Road, providing institutional protection for Chinese companies' overseas investments. However, such treaties between China and countries along the Belt and Road were signed in the 1980s and 1990s, and their provisions are outdated and insufficiently detailed to provide adequate legal protection for Chinese investors when they initiate investment arbitration against host countries. By studying cases involving China in international investment arbitration, this paper suggests that China should pay attention to further clarifying the identity of "investors", the scope of disputes that can be submitted to arbitration, and the concept of "indirect expropriation" when updating bilateral investment treaties in the future, in order to reduce the risk of losing cases for Chinese investors.

Keywords: belt and road, bilateral investment agreement, investment arbitration, indirect expropriation

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Authors: Andrei Nastas, Sergiu Cernomopret

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This research addresses trafficking in human beings, in terms of the active subject and the victim of this crime, through the prism of national and international regulations in material and procedural criminal matters. For the correlative approach of both mentioned aspects, the active subject and the victim of trafficking in human beings, the research addresses both its constituent elements and the way to prevent and combat this phenomenon through criminal proceedings. As follows, trafficking in human beings, from a material criminal point of view, involves two subjects of this crime (active subject - offender and passive subject - victim), while their procedural status differs depending on the case (victim or injured party). The result of the research highlights some clarifications, which find a theoretical-practical basis in the legal provisions, the specialized doctrine, and the judicial practice.

Keywords: victim, active subject, abuse, injured party, crime

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Authors: S. Fantin

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This study is the result of the legal research on cybersecurity and data protection within the EUNITY (Cybersecurity and Privacy Dialogue between Europe and Japan) project, aimed at fostering the dialogue between the European Union and Japan. Based on the research undertaken therein, the author offers an outline of the main asymmetries in the laws governing such fields in the two regions. The research is a comparative analysis of the two legal frameworks, taking into account specific provisions, ratio legis and policy initiatives. Recent doctrine was taken into account, too, as well as empirical interviews with EU and Japanese stakeholders and project partners. With respect to the protection of personal data, the European Union has recently reformed its legal framework with a package which includes a regulation (General Data Protection Regulation), and a directive (Directive 680 on personal data processing in the law enforcement domain). In turn, the Japanese law under scrutiny for this study has been the Act on Protection of Personal Information. Based on a comparative analysis, some asymmetries arise. The main ones refer to the definition of personal information and the scope of the two frameworks. Furthermore, the rights of the data subjects are differently articulated in the two regions, while the nature of sanctions take two opposite approaches. Regarding the cybersecurity framework, the situation looks similarly misaligned. Japan’s main text of reference is the Basic Cybersecurity Act, while the European Union has a more fragmented legal structure (to name a few, Network and Information Security Directive, Critical Infrastructure Directive and Directive on the Attacks at Information Systems). On an relevant note, unlike a more industry-oriented European approach, the concept of cyber hygiene seems to be neatly embedded in the Japanese legal framework, with a number of provisions that alleviate operators’ liability by turning such a burden into a set of recommendations to be primarily observed by citizens. With respect to the reasons to fill such normative gaps, these are mostly grounded on three basis. Firstly, the cross-border nature of cybercrime brings to consider both magnitude of the issue and its regulatory stance globally. Secondly, empirical findings from the EUNITY project showed how recent data breaches and cyber-attacks had shared implications between Europe and Japan. Thirdly, the geopolitical context is currently going through the direction of bringing the two regions to significant agreements from a trade standpoint, but also from a data protection perspective (with an imminent signature by both parts of a so-called ‘Adequacy Decision’). The research conducted in this study reveals two asymmetric legal frameworks on cyber security and data protection. With a view to the future challenges presented by the strengthening of the collaboration between the two regions and the trans-national fashion of cybercrime, it is urged that solutions are found to fill in such gaps, in order to allow European Union and Japan to wisely increment their partnership.

Keywords: cybersecurity, data protection, European Union, Japan

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Authors: Edith Kamakune

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As much as Indigenous rights are presumed to be part of the broad human rights regime, members of the indigenous communities have continually suffered violations, exclusions, and threat. There are a number of steps taken from the international community in trying to bridge the gap, and this has been through the inclusion of provisions as well as the passing of conventions and declarations with specific reference to the rights of indigenous peoples. Some examples of indigenous people include theSiberian Yupik of St Lawrence Island; the Ute of Utah; the Cree of Alberta, and the Xosa andKhoiKhoi of Southern Africa. Uganda’s wide cultural heritage has played a key role in the failure to pay special attention to the needs of the rights of indigenous peoples. The 1995 Constitution and the Land Act of 1998 provide for abstract land rights without necessarily paying attention to indigenous communities’ special needs. Basongora are a pastoralist community in Western Uganda whose ancestral land is the present Queen Elizabeth National Park of Western Uganda, Virunga National Park of Eastern Democratic Republic of Congo, and the small percentage of the low lands under the Rwenzori Mountains. Their values and livelihood are embedded in their strong attachment to the land, and this has been at stake for the last about 90 Years. This research was aimed atinvestigating the relationship between land rights and the right to cultural identity among indigenous communities, looking at the policy available on land and culture, and whether the policies are sensitive of the specific issues of vulnerable ethnic groups; and largely the effect of land on the right to cultural identity. The research was guided by three objectives: to examine and contextualize the concept of land rights among the Basongora community; to assess the policy frame work available for the protection of the Basongora community; to investigate the forms of vulnerability of the Basongora community. Quantitative and qualitative methods were used. a case of Kaseseand Kampala Districts were purposefully selected .138 people were recruited through random and nonrandom techniques to participate in the study, and these were 70 questionnaire respondents; 20 face to face interviews respondents; 5 key informants, and 43 participants in focus group discussions; The study established that Land is communally held and used and thatit continues to be a central source of livelihood for the Basongora; land rights are important in multiplication of herds; preservation, development, and promotion of culture and language. Research found gaps in the policy framework since the policies are concerned with tenure issues and the general provisions areambiguous. Oftenly, the Basongora are not called upon to participate in decision making processes, even on issues that affect them. The research findings call forauthorities to allow Basongora to access Queen Elizabeth National Park land for pasture during particular seasons of the year, especially during the dry seasons; land use policy; need for a clear alignment of the description of indigenous communitiesunder the constitution (Uganda, 1995) to the international definition.

Keywords: cultural identity, land rights, protection, uganda

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Authors: Jan Podkowik

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The article discusses issues of mutual relationships of human dignity and personal autonomy. According to constitutions of many countries and international human rights law, human dignity is a fundamental and inviolable value. It is the source of all freedoms and rights, including personal autonomy. Human dignity, as an inherent, inalienable and non-gradable value comprising an attribute of all people, justifies freedom of action according to one's will and following one's vision of good life. On the other hand, human dignity imposes immanent restrictions to personal autonomy regarding decisions on commercialization of the one’s body, etc. It points to the paradox of dignity – the source of freedom and conditions (basic) of its limitations. The paper shows the theoretical concept of human dignity as an objective value among legal systems, determining the boundaries of legal protection of personal autonomy. It is not, therefore, the relevant perception of human dignity and freedom as opposite values. Reference point has been made the normative provisions of the Polish Constitution and the European Convention on Human Rights and Fundamental Freedoms as well as judgments of constitutional courts.

Keywords: autonomy, constitution, human dignity, human rights

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Authors: Amalia Zuhra

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Indonesia is very rich with its natural resources. Natural resource management becomes a challenge for Indonesia. Improper management will make the natural resources run out and future generations will not be able to enjoy the natural wealth. A good rule of law and proper implementation determines the success of the management of a country's natural resources. This paper examines the need to redefine problems and challenges in the management of natural resources in Indonesia in the context of law. The purpose of this article is to overview the latest issues and challenges in natural resource management and to redefine legal provisions related to environmental management and human rights protection so that the management of natural resources in the present and future will be more sustainable. This paper finds that sustainable management of natural resources is absolutely essential. The aspect of environmental protection and human rights must be elaborated more deeply so that the management of natural resources can be done maximally without harming not only people but also the environment.

Keywords: international environmental law, human rights law, natural resource management, sustainable development

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Authors: Nooraneda Mutalip Laidey

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Computer Crimes Act 1997 (CCA 1997) was conceded by Malaysia’s legislative body in 1997 and the Act was enforced in June 2000. The purpose of CCA 1997 is to provide for offences related to misuse of computers such as hacking, cracking and phishing. CCA 1997 was modelled after United Kingdom’s Computer Misuses Act 1990 as a response to the emerging computer crimes. This legislation is divided into three parts and 12 Sections. The first part outlines preliminary matters that include short title and relevant definitions, second part provides for the offenses related to misuse of computers and specifies penalties for each offences, and the last part deals with ancillary provisions such as jurisdictional and investigational issues of cybercrime. The main objective of this paper is to discuss the development of computer crimes and its deterrence in Malaysia. Specific sections of CCA 1997 will be analysed in details and detail assessment on the prevention and prosecution of computer crimes in Malaysia will be accessed to determine whether CCA 1997 is so far adequate in preventing computer crimes in Malaysia.

Keywords: computer, computer crimes, CCA 1997, circumvention, deterrence

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Authors: Farhin Delawala

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In the context of Palestine and the broader Middle East, this study delves into the Apartheid regime in Palestine, the country under occupation, and the intricate ties between the United States of America (USA) and the settler colony of ‘Israel’. The paper provides an explanation of the colonisation of Palestine as well as the forms of Apartheid. Moreover, it explains the provisions of United Nations (UN) international laws and how they have been broken by the settler colony of ‘Israel’. The paper contends that the US, motivated by its security interests in the region, has strategically influenced the political instability in the Middle East and the illegal occupation of Palestine. Furthermore, this paper proposes an alternative path of a one-state solution to foster a more peaceful and stable society and advocates for the integration of the Palestinian population into the region, from Gaza and the West Bank, under equal citizen rights. Thereby, the ethno-theocratic nature of the settler colony as an ethno-theocratic state is dismantled.

Keywords: apartheid, one-state solution, Palestine, political instability, settler colony

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Authors: Klaudia Krogulec

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The concept and the meaning of safety is largely undermined in International and EU refugee law. While the Geneva Convention 1951 concentrates mainly on the principle of non-refoulment (no-return) and the idea of physical safety of refugees, countries continue to implement harmful readmission agreements that presume ‘safe countries’ for the hosting and return of the refugees. This research intends to use discourse analysis of the legal provisions and interviews with Syrian refugees, NGO workers, and refugee lawyers in Tukey to understand what ‘safety’ actually means and how law shapes the experiences of Syrians in Turkey (the country that hosts the largest population of Syrians and is a key partner of the EU-Turkey Agreement 2016). The preliminary findings reveal the competing meanings of safety (rights-based vs state interests approach). As the refugee policies continue to prioritize state interests/safety over human safety and human rights, it is extremely important to provide recommendations on how ‘safety’ should be defined in the refugee law in the future.

Keywords: human rights law, refugee law, human safety, EU-turkey agreement

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Authors: Andhika Danesjvara

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Governance of the Republic of Indonesia should be based on the principle of sovereignty and the rule of law. Based on these principles, all forms of decisions and/or actions of government administration should be based on the sovereignty of the people and the law. Decisions and/or actions for citizens should be based on the provisions of the legislation and the general principles of good governance. Control of the decisions and/or actions is a part of administrative review and also judicial control. The control is part of the administrative justice system, which is intended for people affected by the decisions or administrative actions. This control is the duty and authority of the government or independent administrative court. Therefore, systems and procedures for the implementation of the task of governance and development must be regulated by law. Systems and procedures of governance is a subject studied in administrative law, therefore, the research also includes a review of the principles of law in administrative law. The administrative law procedure is important for the government to make decisions, the question is whether the procedures are part of the justice system itself.

Keywords: administrative court, administrative justice, administrative law, administrative procedures

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Authors: Akbar

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Pros and cons of the capital punishment in Indonesia have been out of the date. The discourse of capital punishment has no relevance to the theory of punishment and theories of cultural relativism. In fact, the provisions of exceptions to the right to life by administering the death penalty against the perpetrators of serious crimes in Indonesia is a narrow perspective that does not pay attention to the development of the punishment of the crime. This thing is aggravated by an error to understand the natural right and legal right where the prohibition of those rights is result from a failure to distinguish the characteristic of the rights and to remember the raison d’être of law. To parse the irrational above, this paper will try to analyze normatively the error referring to the complementary theory between the sources of international law and the sources of municipal law of Indonesia. Both sources of the law above should be understood in the mutually reinforcing relationship enforceability because of false perceptions against those will create the disintegration between international law and municipal law of Indonesia. This disintegration is explicit not only contrary to the integrative theory of international law but also integrative theory of municipal law of Indonesia.

Keywords: capital punishment, municipal law, right to life, international law, the raison d’être of law, complementary theory, integrative theory

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Authors: H. Nikzad, S. Yoshitomi

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This paper presents the design application and reinforcement detailing of 15 storied reinforced concrete shear wall-frame structure based on linear static analysis. Databases are generated for section sizes based on automated structural optimization method utilizing Active-set Algorithm in MATLAB platform. The design constraints of allowable section sizes, capacity criteria and seismic provisions for static loads, combination of gravity and lateral loads are checked and determined based on ASCE 7-10 documents and ACI 318-14 design provision. The result of this study illustrates the efficiency of proposed method, and is expected to provide a useful reference in designing of RC shear wall-frame structures.

Keywords: design constraints, ETABS, linear static analysis, MATLAB, RC shear wall-frame structures, structural optimization

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Authors: Arun Karoriya, Mrinal Agrawal

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Health is one of the basic requirements of human being. And today India is facing a major degradation of health at every age group. As society evolves and flourishes, there are different types of rules, norms, standards which are required to control the conduct of the human being for its well-being and growth. Right to health is one of those aspects that can be counted, discovered and examined under the purview of constitutional provisions of India. The condition of health is at downfall despite the fact that there are several policies framed by the government. There is an urgent call for rigid public health laws to ensure safe and disease free society. The effectiveness of health law has to be examined by keeping in mind that it is hampering growth and economy and society establishment. Health in any society is a main social aspect as it plays a major role for economic development. The multidimensional approach to determine it is by discussing i) rational selection and use of medicines ii) sustainable adequate financing iii) affordable prices iv)reliable health and supply systems.

Keywords: degradation, flourish, multidimensional, policies

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Authors: Aaron Aboshio, Jianqiao Ye

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In this study, static and dynamic responses of a typical reinforced concrete flat slab, designed to British Standard (BS 8110, 1997) and under self and live loadings for dance halls are reported. Linear perturbation analysis using finite element method was employed for modal, impulse loading and frequency response analyses of the slab under the aforementioned loading condition. Results from the static and dynamic analyses, comprising of the slab fundamental frequencies and mode shapes, dynamic amplification factor, maximum deflection, stress distributions among other valuable outcomes are presented and discussed. These were gauged with the limiting provisions in the design code with a view to optimise the structure and ensure both adequate strength and economical section for large clear span slabs. This is necessary owing to the continued increase in cost of erecting building structures and the squeeze on public finance globally.

Keywords: economical design, finite element method, modal dynamics, reinforced concrete, slab

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Authors: P. Deepak Kumar, Aishwarya Alok, P. R. Maiti

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Liquid storage tanks have become widespread during the recent decades due to their extensive usage. Analysis of liquid containing tanks is known to be complex due to hydrodynamic force exerted on tank which makes the analysis a complex one. The objective of this research is to carry out analysis of liquid domain along with structural interaction for various geometries of circular tanks considering seismic effects. An attempt has been made to determine hydrodynamic pressure distribution on the tank wall considering impulsive and convective components of liquid mass. To get a better picture, a comparative study of Draft IS 1893 Part 2, ACI 350.3 and Eurocode 8 for Circular Shaped Tank has been performed. Further, the differences in the magnitude of shear and moment at base as obtained from static (IS 3370 IV) and dynamic (Draft IS 1892 Part 2) analysis of ground supported circular tank highlight the need for us to mature from the old code to a newer code, which is more accurate and reliable.

Keywords: liquid filled containers, circular tanks, IS 1893 (part 2), seismic analysis, sloshing

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Authors: M. G. Dirodi, G. Gugliotta, C. Leonardi

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The member states shall establish zones and agglomerations throughout their territory to assess and manage air quality in order to comply with European directives. In Italy decree 155/2010, transposing Directive 2008/50/EC on ambient air quality and cleaner air for Europe, merged into a single act the previous provisions on ambient air quality assessment and management, including those resulting from the implementation of Directive 2004/107/EC relating to arsenic, cadmium, nickel, mercury, and polycyclic aromatic hydrocarbons in ambient air. Decree 155/2010 introduced stricter rules for identifying zones on the basis of the characteristics of the territory in spite of considering pollution levels, as it was in the past. The implementation of such new criteria has reduced the great variability of the previous zoning, leading to a significant reduction of the total number of zones and to a complete and uniform ambient air quality assessment and management throughout the Country. The present document is related to the new zones definition in Italy according to Decree 155/2010. In particular, the paper contains the description and the analysis of the outcome of zoning and classification.

Keywords: zones, agglomerations, air quality assessment, classification

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Authors: Roy Alex, Dr. Shampa I Dev

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Abstract Nine out of twenty-eight states in India have enacted anti-conversion laws to regulate religious conversions by use of force, allurement, inducement, or fraudulent means. The vagueness of the definitions of the terms used in these laws makes them inconsistent with the provisions of the right to freedom of religion guaranteed by the Constitution. It is a critical question whether these laws protect the religious freedom of groups that are “vulnerable” to missionary inducements, or are they restricting the freedom of citizens to propagate their religion to others or change their religious identity? This article looks into the constitutionality of the anti-conversion laws passed in the Indian States and argues that these laws limit the freedom of religion guaranteed under Article 25 of the Constitution of India. The ambiguity in the anti-conversion laws passed in various states of India is brought out by critically analyzing multiple cases charged under anti-conversion laws.

Keywords: Freedom of Religion, Anti-conversion Laws, allurement, inducement, and fraudulent means.

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Authors: Rhaed Khiati, Muhammad Hanif

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In the past decade, smart healthcare systems have been on an ascendant drift, especially with the evolution of hospitals and their increasing reliance on bioinformatics and software specializing in healthcare. Doctors have become reliant on technology more than ever, something that in the past would have been looked down upon, as technology has become imperative in reducing overall costs and improving the quality of patient care. With patient-doctor interactions becoming more necessary and more complicated than ever, systems must be developed while taking into account costs, patient comfort, and patient data, among other things. In this work, we proposed a smart hospital bed, which mixes the complexity and big data usage of traditional healthcare systems with the comfort found in soft beds while taking certain concerns like data confidentiality, security, and maintaining SLA agreements, etc. into account. This research work potentially provides users, namely patients and doctors, with a seamless interaction with to their respective nurses, as well as faster access to up-to-date personal data, including prescriptions and severity of the condition in contrast to the previous research in the area where there is lack of consideration of such provisions.

Keywords: big data, smart healthcare, distributed systems, bioinformatics

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Authors: Wen-Yan Chiau

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Taiwan passed the 'Basic Ocean Act' in November 2019, and in accordance with Article 4 of its provisions, the government should draft a decree on ocean space planning (MSP). In the past few years, although Taiwan has passed the 'Coastal Zone Management Act' and the 'Spatial Planning Act', in the face of multiple use of marine areas, it still lacks a comprehensive marine area use blueprint and a fundamental mechanism for multi-purpose use planning management. In particular, Taiwan's active development of offshore wind power is facing this problem, and it is impossible to fully reconcile the use of each domain and the public welfare through a holistic system, highlighting the urgency of the establishment of MSP system. Therefore, this article will review relevant Taiwan laws and regulations, refer to important international initiatives and experiences, and participate in the exchange of practical experience in international conference(s), and propose adequate framework, principles, procedures, and promotion strategies on MSP. Possible solutions to promote sustainable and wise use in Taiwan's waters will also be suggested for comments.

Keywords: basic ocean act, coastal zone management act, marine spatial planning, spatial planning act, Taiwan

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Authors: Nemi Bhattarai

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In recent years, there has been a rapid increase in the use of Unmanned Aerial Vehicle (UAVs) in search and rescue (SAR) operations, disaster management, and many more areas where information about the location of human beings are important. This research will primarily focus on the use of optical and thermal camera via UAV platform in real-time detection, localization, and visualization of human beings on GIS. This research will be beneficial in disaster management search of lost humans in wilderness or difficult terrain, detecting abnormal human behaviors in border or security tight areas, studying distribution of people at night, counting people density in crowd, manage people flow during evacuation, planning provisions in areas with high human density and many more.

Keywords: UAV, human detection, real-time, localization, visualization, haar-like, GIS, thermal sensor

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Authors: Mohammad Befkin, Alireza Momtaz

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Structural design is the challenging aspect of every project due to limitations in dimensions, functionality of the structure, and more importantly, the allocated budget for construction. This research study aims to investigate the optimized design for three steel moment frame buildings with different number of stories using genetic algorithm code. The number and length of spans, and height of each floor were constant in all three buildings. The design of structures are carried out according to AISC code within the provisions of plastic design with allowable stress values. Genetic code for optimization is produced using MATLAB program, while buildings modeled in Opensees program and connected to the MATLAB code to perform iterations in optimization steps. In the end designs resulted from genetic algorithm code were compared with the analysis of buildings in ETABS program. The results demonstrated that suggested structural elements by the code utilize their full capacity, indicating the desirable efficiency of produced code.

Keywords: genetic algorithm, structural analysis, steel moment frame, structural design

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Authors: Syed Hamid Farooq Bukhari

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This study intends to clarify the Friday sermon by evaluating the formation of its discourse, the composition, and selection of its subject matters, the structure, and functions of its rules as well as the outline of its communication proceeds, and the distinctiveness of its words along with definite provisions. In this research, a qualitative and descriptive method is used to draw out conclusions. This paper considers the sermon mechanism of the speech and advances it contextually. The information was composed in Pakistan and several of its mosques supposing the imams of the city and the location of the mosques. The presentation and analysis of the facts have directed to the subsequent conclusions: (1) the Friday sermon holds verbal discussion that has habitual and classic formation, (2) the approaches of the formation of the subjects consist of storytelling, quotation as well as the use of accepted terms, (3) the composition of the codes involves Arabic, English, Urdu, and many other local languages, (4) the expressions of the speech include all types of sermon acts, (5) different requisites emerge in the sermons demonstrating that the Friday sermon functions as an index or usage of verbal communication in an exacting field.

Keywords: Friday, sermons, Pakistan, social

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Authors: Sultan Daud, John P. Forth, Nikolaos Nikitas

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The current study aims to highlight the loading characteristics impact on the time evolution (focusing particularly on long term effects) of the deformation of realized reinforced concrete beams. Namely the tension stiffening code provisions (i.e. within Eurocode 2) are reviewed with a clear intention to reassess their operational value and predicting capacity. In what follows the experimental programme adopted along with some preliminary findings and numerical modelling attempts are presented. For a range of long slender reinforced concrete simply supported beams (4200 mm) constant static sustained and repeated cyclic loadings were applied mapping the time evolution of deformation. All experiments were carried out at the Heavy Structures Lab of the University of Leeds. During tests the mid-span deflection, creep coefficient and shrinkage strains were monitored for duration of 90 days. The obtained results are set against the values predicted by Eurocode 2 and the tools within an FE commercial package (i.e. Midas FEA) to yield that existing knowledge and practise is at times over-conservative.

Keywords: Eurocode2, midas fea, repeated, sustained loading.

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Authors: Santoshi Halder, Ranjini Ghosh

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Research on educational stratification suggests that inequality in education between different social strata continues and sometimes even widens in spite of educational growth. The backward classes are the most suppressed classes in society. In India, the Scheduled Castes are found as one of the backward classes. After independence there a lot of provisions were made for their uplift. Still they are facing a lot of problems in perusing education, getting jobs, choosing life style independently etc. The present study was conducted to explore the educational disparities in education with respect to caste. Sample consisted of 1020 students (540 scheduled caste and 540 general caste) from three different universities of West Bengal. Tools selected were General Information Schedule (GIS), socioeconomic status (SES), Achievement motivation scale. Findings indicated significant differences for the selected variables under the study with respect to caste. Findings have significant implication for the advocates, policy makers and educationists and sociologists for appropriate intervention.

Keywords: scheduled caste, educational barriers, achievement motivation, socioeconomic status

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Authors: Prateek Rastogi

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Medical teaching in present era concentrates not only on teaching but on effective teaching. For effective teaching a combination of effective carefully designed curriculum, an educated educator, competent learner and fool proof evaluation system is required. Keeping these parameters in mind and study was undertaken at Kasturba Medical College, Mangalore among medical students. In this study, evaluation of Forensic Medicine syllabus along with its teaching and evaluation methodology was done using 20 different parameters. This questionnaire based study was done over a period of two years i.e. 2013 and 2014. Batch of students who just passed the forensic medicine subject was included for study. Carefully designed questionnaire contained questions related to course content, teaching methodology and evaluation system along with provisions to mention merits and demerits of subject. The feedbacks in first round were analyzed and suggestions were implemented before conducting the second round of study. Overall evaluation of course was done as well as it was compared with other subjects of second MBBS. It was noted that Scores improved in 2nd survey thus stressing the importance of course evaluation and student feedback in teaching improvement.

Keywords: teaching methodology, system of evaluation, course content, bioinformatics, biomedicine

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Authors: Linda Ana Maria Ungureanu

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This article details the manner in which European law establishes the protection and ownership rights over works created in off-world environments or in relation to space exploration. In this sense, the analysis is focused on identifying the legal treatment applicable to creative works based on the provisions regulated under the International Space Treaties, on one side, and the International IP Treaties and subsequent EU legislation, on the other side, with a special interest on ESA Rules and Regulations. Furthermore, the article analyses the manner in which ESA regulates the ownership regime applicable for creative works, taking into account the relationship existing between the inventor/creator and ESA and the environment in which the creative work was developed. Moreover, the article sets a series of de lege ferenda proposals for the regulation of intellectual property matters in the context of space exploration, the main purpose being to identify legal measures and steps that need to be taken in order to ensure that creative activities are fostered and understood as a significant catalyst for encouraging space exploration.

Keywords: intellectual property law, ESA guidelines, international IP treaties, EU legislation

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Authors: Mamta Chandrashekhar

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Women’s participation in mainstream political and social activity has important implications for the broader arena of governance in any country. This research work will highlights some of the key issues that concerned with the impact of constitutional & Legal provision on the Indian women Status in present century. The principle of gender equality is enshrined in the Indian Constitution in its Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grants equality to women, but also empowers the State to adopt measures of positive discrimination in favour of women. In recent years, the empowerment of women has been recognized as the central issue in determining the status of women. The main objective of this research is to analyzed the status of Indian women and the existing wide gap between the goals enunciated in the Constitution, legislation, policies, plans, programmes, and related mechanisms on the one hand and the situational reality of the status of women in India, This work encourage and inspire to women empowerment, will be beneficial to build a well-organized ideal society through Gender Equality and Development & Peace in the 21st century.

Keywords: awareness, constitution, development, empowerment

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Authors: Tsuu Faith Machingura, Daniel Madzanire, Doreen Nkala

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High employment opportunities in various towns in Zimbabwe attracted linguistically-diverse ethnic groups to settle therein. This movement, which largely was economically-induced, concocted diverse-populated communities in towns and in surrounding areas. Service provisions in such domains as education and business need to be diverse-sensitive. Prompted by the prevalence of diversity in present day business organisations, the study sought to suggest a cross-cultural strategy for managing an organisation located in a diverse-populated community. A case study research design was used. A sample of 10 participants consisting of five diverse business owners and five diverse clients was purposively drawn. Document analysis and key informant interviews were used to gather data. The study revealed that organisations that are located in diverse populated communities were shaped by the prevailing ethos. A diverse-sensitive managerial strategy was suggested as a pertinent cross-cultural managerial tool.

Keywords: cross-cultural strategy, linguistic diversity, diverse-populated community, ethnic groups

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Authors: Sonia Mannan, M. Jobair Alam

Abstract:

The concept of palliative care in Bangladesh largely remained limited to the sympathetic caring of patients with a life-limiting illness. Quality of Life (QoL) issues are rarely practiced in Bangladesh. Furthermore, palliative medicine, in the perspective of holistic palliative care service, does not have its proper recognition in Bangladesh. Apart from those socio-medical aspects, palliative care patients face legal issues that impact their quality of life, including access to health services and social benefits and dealing with other life-transactions of the patients and their families (such as disposing of property; planning for children). This paper is an attempt to articulate these legal dimensions of the right to palliative care in the context of Bangladesh. The major focus of this paper will be founded on the doctrinal analysis of the constitutional provisions and other relevant legislation on the right to health and their judicial interpretation, which is argued to offer a meaningful space for the right to palliative care. This paper will also investigate the gaps in the said legal framework to better secure such care. In conclusion, a few recommendations are made so that the palliative care practices in Bangladesh are better aligned with international standards, and it can respond more humanely to the patients who need palliative care.

Keywords: Bangladesh, constitution, legal regime, palliative care, quality of life

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