Search results for: punitive damages
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 516

Search results for: punitive damages

516 The Applicability of Just Satisfaction in Inter-State Cases: A Case Study of Cyprus versus Turkey

Authors: Congrui Chen

Abstract:

The European Court of Human Rights (hereinafter ECtHR) delivered its judgment of just satisfaction on the case of Cyprus v. Turkey, ordering a lump sum of 9,000,000 euros as the just compensation. It is the first time that the ECtHR applied the Article 41 of just compensation in an inter-state case, and it stands as the highest amount of just compensation awarded in the history of the ECtHR. The Cyprus v. Turkey case, which represents the most crucial contribution to European peace in the history of the court. This thesis uses the methodologies of textual research, comparison analysis, and case law study to go further on the following two questions specifically:(i) whether the just compensation is applicable in an inter-state case; (ii) whether such just compensation is of punitive nature. From the point of view of general international law, the essence of the case is the state's responsibility for the violation of individual rights. In other words, the state takes a similar diplomatic protection approach to seek relief. In the course of the development of international law today, especially with the development of international human rights law, States that have a duty to protect human rights should bear corresponding responsibilities for their violations of international human rights law. Under the specific system of the European Court of Human Rights, the just compensation for article 41 is one of the specific ways of assuming responsibility. At the regulatory level, the European Court of Human Rights makes it clear that the just satisfaction of article 41 of the Convention does not include punitive damages, as it relates to the issue of national sovereignty. Nevertheless, it is undeniable that the relief to the victim and the punishment to the responsible State are two closely integrated aspects of responsibility. In other words, compensatory compensation has inherent "punitive".

Keywords: European Court of Human Right, inter-state cases, just satisfaction, punitive damages

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515 Fish Is Back but Fishers Are Out: The Dilemma of the Education Methods Adapted for Co-management of the Fishery Resource

Authors: Namubiru Zula, Janice Desire Busingue

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Pro-active educational approaches have lately been adapted Globally in the Conservation of Natural Resources. This led to the introduction of the co-management system, which worked for some European Countries on the conservation of sharks and other Natural resources. However, this approach has drastically failed in the Fishery sector on Lake Victoria; and the punitive education approach has been re-instated. Literature is readily available about the punitive educational approaches and scanty with the pro-active one. This article analyses the pro-active approach adopted by the Department of Fisheries for the orientation of BMU leaders in a co-management system. The study is interpreted using the social constructivist lens for co-management of the fishery resource to ensure that fishers are also back to fishing sustainably. It highlights some of the education methods used, methodological challenges that included the power and skills gap of the facilitators and program designers, and some implications to practice.

Keywords: beach management units, fishers, education methods, proactive approach, punitive approach

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514 Observed Damages to Adobe Masonry Buildings after 2011 Van Earthquake

Authors: Eylem Güzel, Soner Güler, Mustafa Gülen

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Masonry is the oldest building materials since ancient times. Adobe, stone, brick are the most widespread materials used in the construction of masonry buildings. Masonry buildings compose of a large part of building stock especially in rural areas and underdeveloped regions of Turkey. The seismic performance of adobe masonry buildings is vulnerable against earthquake effects. In this study, after 2011 Van earthquake with magnitude 7.2 Mw, damages occurred in existing adobe masonry buildings in Van city is investigated. The observed damages and reasons of adobe masonry buildings in design and construction phase are specified and evaluated.

Keywords: adobe masonry buildings, earthquake effects, damages, seismic performance

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513 The Effects of Modern Materials on the Moisture Resistance Performance of Architectural Buildings

Authors: Leyli Hashemi Rafsanjani, Hoda Mortazavi Alavi, Amirhossein Habibzadeh

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At present, the atmospheric and environmental factors impose massive damages to buildings. Thus, to reduce these damages, researchers pay more attention on qualitative and quantitative characteristic of buildings materials. Condensation is one of the problems in Contemporary Sustecture Design. It could cause serious damages to the frontage, interior and structural elements of buildings. As a result, taking preventative steps to avoid condensation from occurring in buildings will help prevent avoidable and costly problems in the future. Hence, the aim of this paper is to answer the question: “Does the use of advanced materials cause the reduction of condensation formed on the walls?" In response to those flaws, this paper considered similar articles and selected 20 buildings randomly from contemporary architecture of developing countries which have been built in recent decade from 2002 to 2012, to find out the mutual relation between the usage of advanced materials and level of condensation damages. This consideration shows that by using advanced materials, we will have fewer damages.

Keywords: condensation, advanced materials, contemporary sustecture, moisture

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512 Meeting the Pedophile: Attitudes toward Pedophilia among Psychology Students

Authors: Rebecca Heron, Julie Karsten, Lena Schweikert

Abstract:

Adverse consequences of stigma towards pedophilia can, among other things, increase dynamic risk factors for sexual offending. Decreasing stigma, therefore, is a plausible approach in the attempt to prevent child sexual abuse. Stigma research suggests that providing direct contact to a stigmatized individual is the most efficient way of reducing stigma. The present study involved an educational intervention, followed by direct contact to a pedophile, to maximize effectiveness. It aimed at finding out whether a dichotomous anti-stigma intervention can change psychology students' attitudes towards pedophiles regarding perceived dangerousness, intentionality, deviance, and punitive attitudes. In a one sample pre-post design, 162 students of the University of Groningen attended a lecture about pedophilia, which was held by a psychology master’s student. Participants learned about child sex offending and pedophilia in addition to the importance of distinguishing between pedophiles and child sex offenders (CSOs). The guest lecturer Gabriel, shared his experiences about growing up, coping, and living with pedophilia. Results of the Wilcoxon signed-rank test revealed significantly diminished negative attitudes towards pedophiles after the intervention. Students perceived pedophiles as less dangerous, having less intent, and being less psychologically deviant. Additionally, students' punitive attitudes towards pedophiles diminished significantly. Also, a thematic analysis revealed that students were highly interested in the topic of pedophilia and greatly appreciative of Gabriel sharing his story. This study was the first to provide direct contact with a pedophile within an anti-stigma intervention.

Keywords: pedophilia, anti-stigma intervention, punitive attitudes, attitude change

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511 Civil Nuclear Liability Indian Perspective

Authors: Shivani Gupta, Shrishti Chaturvedi

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By using a miniscule of nuclear matter, the problem of immeasurable human needs for energy can be resolved. However since nuclear energy also has the inherent potential for catastrophic destruction, one should be extremely mindful of the consequences should a mischance occur. Civil Nuclear Liability has recently gained a lot of momentum after India entered into agreements with nations like United States of America, France and others. Also now India is a part of the Convention on Supplementary Compensation (CSC). With a history of Bhopal Gas Tragedy, India is now much more vigilant about the latest developments in this sector. Therefore, it has become imperative to analyses the liability regime in the background of international conventions such as Vienna Convention 1963, Paris Convention 1960, Convention on Supplementary Compensation, 1997 and others. Also the present Indian legal scenarios in this regard which are derived from Civil Liability for Nuclear Damages Act, 2010 and Civil Liability for Nuclear Damages Rules, 2011 have also been extensively discussed in the paper.

Keywords: nuclear liability, civil liability for nuclear damages act, 2010, civil liability for nuclear damages rules, India

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510 Punishment on top of Punishment - Impact of Inmate Misconduct

Authors: Nazirah Hassan, Andrew Kendrick

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Punishment inside the penal institution has always been practiced in order to maintain discipline and keep order. Nonetheless, criminologists have long debated that the enforcement of discipline by punishing inmates is often ineffective and has a detrimental impact on inmates’ conduct. This paper uses data from a sample of 289 incarcerated young offenders to investigate the prevalence of institutional misconduct. It explores punitive cultural practices inside institutions and how this culture affects the inmates’ conduct during confinement. The project focused on male and female young offenders aged 12 to 21 years old, in eight juvenile justice institutions. The research collected quantitative and qualitative data using a mixed-method approach. All participants completed the Direct and Indirect Prisoner behavior Checklist-Scaled Version Revised (DIPC-SCALED-R). In addition, exploratory interviews were carried out with sixteen inmates and eight institutional staff. Results of the questionnaire survey show that almost half of the inmates reported a higher level of involvement in perpetration. It demonstrates a remarkable convergence of direct, rather than indirect, perpetration. Also, inmates reported a higher level of tobacco used and behavior associated with negative attitudes towards staff and institutional rules. In addition to this, the qualitative data suggests that the punitive culture encourages the onset of misconduct by increasing the stressful and oppressive conditions within the institution. In general, physical exercise and locking up inmates are two forms of punishment that were ubiquitous throughout the institutions. Interestingly, physical exercise is not only enforced by institutional staff but also inmates. These findings are discussed in terms of existing literature and their practical implications are considered.

Keywords: institutional punishment, incarcerated young offenders, punitive culture, institutional misconduct

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509 Analysis of Exploitation Damages of the Frame Scaffolding

Authors: A. Robak, M. Pieńko, E. Błazik-Borowa, J. Bęc, I. Szer

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The analyzes and classifications presented in the article were based on the research carried out in year 2016 and 2017 on a group of nearly one hundred scaffoldings assembled and used on construction sites in different parts of Poland. During scaffolding selection process efforts were made to maintain diversification in terms of parameters such as scaffolding size, investment size, type of investment, location and nature of conducted works. This resulted in the research being carried out on scaffoldings used for church renovation in a small town or attached to the facades of classic apartment blocks, as well as on scaffoldings used during construction of skyscrapers or facilities of the largest power plants. This variety allows to formulate general conclusions about the technical condition of used frame scaffoldings. Exploitation damages of the frame scaffolding elements were divided into three groups. The first group includes damages to the main structural components, which reduce the strength of the scaffolding elements and hence the whole structure. The qualitative analysis of these damages was made on the basis of numerical models that take into account the geometry of the damage and on the basis of computational nonlinear static analyzes. The second group focuses on exploitation damages such as the lack of a pin on the guardrail bolt which may cause an imminent threat to people using scaffolding. These are local damages that do not affect the bearing capacity and stability of the whole structure but are very important for safe use. The last group consider damages that reduce only aesthetic values and do not have direct impact on bearing capacity and safety of use. Apart from qualitative analyzes the article will present quantitative analyzes showing how frequently given type of damage occurs.

Keywords: scaffolding, damage, safety, numerical analysis

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508 Prediction of the Heat Transfer Characteristics of Tunnel Concrete

Authors: Seung Cho Yang, Jae Sung Lee, Se Hee Park

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This study suggests the analysis method to predict the damages of tunnel concrete caused by fires. The result obtained from the analyses of concrete temperatures at a fire in a tunnel using ABAQUS was compared with the test result. After the reliability of the analysis method was verified, the temperatures of a tunnel at a real fire and those of concrete during the fire were estimated to predict fire damages. The temperatures inside the tunnel were estimated by FDS, a CFD model. It was deduced that the fire performance of tunnel lining and the fire damages of the structure at an actual fire could be estimated by the analysis method.

Keywords: fire resistance, heat transfer, numerical analysis, tunnel fire

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507 Learning from the Positive to Encourage Compliance with Workplace Health and Safety

Authors: Amy Williamson, Kerry Armstrong, Jason Edwards, Patricia Obst

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Australian national policy endorses a responsive approach to work health and safety (WHS) regulation, combining positive motivators (education and guidance), with compliance monitoring and enforcement to encourage and secure compliance with legislation. Despite theoretical support for responsive regulation, there is limited evidence regarding how to achieve best results in practice. Using positive psychology as a novel paradigm, this study aims to investigate how non-punitive regulatory interactions can be improved to further encourage regulatory compliance in the construction industry. As part of a larger project, semi-structured interviews were conducted with 35 inspectorate staff and 11 managers in the Australian (Queensland) construction industry. Using an inductive, grounded approach, an in-depth qualitative investigation was conducted to identify the positive psychological principles which underpin effective use of the non-punitive aspects of responsive regulation. Results highlighted the importance of effective engagement between inspectors and industry managers. This involved the need to interact cooperatively and encourage compliance with WHS legislation. Several strategies were identified that assisted regulatory interactions and the ability of inspectors to engage. The importance of communication and interpersonal skills was reported to be critical to any interaction, regardless of the nature of the visit and regulatory tools used. In particular, the use of clear and open communication fostered trust and rapport which facilitated more positive interactions. The importance of respect and empathy was also highlighted. The need for provision of guidance and direction on how to achieve compliance was also reported. This related to ensuring companies understand their WHS obligations, providing specific advice regarding how to rectify a breach and meet compliance requirements, and ensuring sufficient follow up to confirm that compliance is successfully achieved. In the absence of imminent risk, allowing companies the opportunity to comply before further action is taken was also highlighted. Increased proactive engagement with industry to educate and promote the vision of safety at work was also reported. Finally, provision of praise and positive feedback was reported to assist interactions and encourage the continuation of good practices. Evidence from positive psychology and organisational psychology was obtained to support the use of each strategy in practice. In particular, the area of positive leadership provided a useful framework to consider the factors and conditions that drive positive interactions within the context of work health and safety and the specific relationship between inspectors and industry managers. This study provides fresh insight into key psychological principles which support non-punitive regulatory interactions in the area of workplace health and safety. The findings of this research contribute to a better understanding of how inspectors can enhance the efficacy of their regulatory interactions to improve compliance with legislation. Encouraging and assisting compliance through effective non-punitive activity offers a sustainable pathway for promoting safety and preventing fatalities and injuries in the construction industry.

Keywords: engagement, non-punitive approaches to compliance, positive interactions in the workplace, work health and safety compliance

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506 Macroeconomic Effects and Dynamics of Natural Disaster Damages: Evidence from SETX on the Resiliency Hypothesis

Authors: Agim Kukelii, Gevorg Sargsyan

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This study, focusing on the base regional area (county level), estimates the effect of natural disaster damages on aggregate personal income, aggregate wages, wages per worker, aggregate employment, and aggregate income transfer. The study further estimates the dynamics of personal income, employment, and wages under natural disaster shocks. Southeast Texas, located at the center of Golf Coast, is hit by meteorological and hydrological caused natural disasters yearly. On average, there are more than four natural disasters per year that cane an estimated damage average of 2.2% of real personal income. The study uses the panel data method to estimate the average effect of natural disasters on the area’s economy (personal income, wages, employment, and income transfer). It also uses Panel Vector Autoregressive (PVAR) model to study the dynamics of macroeconomic variables under natural disaster shocks. The study finds that the average effect of natural disasters is positive for personal income and income transfer and is negative for wages and employment. The PVAR and the impulse response function estimates reveal that natural disaster shocks cause a decrease in personal income, employment, and wages. However, the economy’s variables bounce back after three years. The novelty of this study rests on several aspects. First, this is the first study to investigate the effects of natural disasters on macroeconomic variables at a regional level. Second, the study uses direct measures of natural disaster damages. Third, the study estimates that the time that the local economy takes to absorb the natural disaster damages shocks is three years. This is a relatively good reaction to the local economy, therefore, adding to the “resiliency” hypothesis. The study has several implications for policymakers, businesses, and households. First, this study serves to increase the awareness of local stakeholders that natural disaster damages do worsen, macroeconomic variables, such as personal income, employment, and wages beyond the immediate damages to residential and commercial properties, physical infrastructure, and discomfort in daily lives. Second, the study estimates that these effects linger on the economy on average for three years, which would require policymakers to factor in the time area need to be on focus.

Keywords: natural disaster damages, macroeconomics effects, PVAR, panel data

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505 Nurse-Reported Perceptions of Medication Safety in Private Hospitals in Gauteng Province.

Authors: Madre Paarlber, Alwiena Blignaut

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Background: Medication administration errors remains a global patient safety problem targeted by the WHO (World Health Organization), yet research on this matter is sparce within the South African context. Objective: The aim was to explore and describe nurses’ (medication administrators) perceptions regarding medication administration safety-related culture, incidence, causes, and reporting in the Gauteng Province of South Africa, and to determine any relationships between perceived variables concerned with medication safety (safety culture, incidences, causes, reporting of incidences, and reasons for non-reporting). Method: A quantitative research design was used through which self-administered online surveys were sent to 768 nurses (medication administrators) (n=217). The response rate was 28.26%. The survey instrument was synthesised from the Agency of Healthcare Research and Quality (AHRQ) Hospital Survey on Patient Safety Culture, the Registered Nurse Forecasting (RN4CAST) survey, a survey list prepared from a systematic review aimed at generating a comprehensive list of medication administration error causes and the Medication Administration Error Reporting Survey from Wakefield. Exploratory and confirmatory factor analyses were used to determine the validity and reliability of the survey. Descriptive and inferential statistical data analysis were used to analyse quantitative data. Relationships and correlations were identified between items, subscales and biographic data by using Spearmans’ Rank correlations, T-Tests and ANOVAs (Analysis of Variance). Nurses reported on their perceptions of medication administration safety-related culture, incidence, causes, and reporting in the Gauteng Province. Results: Units’ teamwork deemed satisfactory, punitive responses to errors accentuated. “Crisis mode” working, concerns regarding mistake recording and long working hours disclosed as impacting patient safety. Overall medication safety graded mostly positively. Work overload, high patient-nurse ratios, and inadequate staffing implicated as error-inducing. Medication administration errors were reported regularly. Fear and administrative response to errors effected non-report. Non-report of errors’ reasons was affected by non-punitive safety culture. Conclusions: Medication administration safety improvement is contingent on fostering a non-punitive safety culture within units. Anonymous medication error reporting systems and auditing nurses’ workload are recommended in the quest of improved medication safety within Gauteng Province private hospitals.

Keywords: incidence, medication administration errors, medication safety, reporting, safety culture

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504 Longevity of Soybean Seeds Submitted to Different Mechanized Harvesting Conditions

Authors: Rute Faria, Digo Moraes, Amanda Santos, Dione Morais, Maria Sartori

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Seed vigor is a fundamental component for the good performance of the entire soybean production process. Seeds with mechanical damage at harvest time will be more susceptible to fungal and insect attack during storage, which will invariably reduce their vigor to the field, compromising uniformity and final stand performance. Harvesters, even the most modern ones, when not properly regulated or operated, can cause irreversible damages to the seeds, compromising even their commercialization. Therefore, the control of an efficient harvest is necessary in order to guarantee a good quality final product. In this work, the damage caused by two different harvesters (one rented, and another one) was evaluated, traveling in two speeds (4 and 8 km / h). The design was completely randomized in 2 x 2 factorial, with four replications. To evaluate the physiological quality seed germination and vigor tests were carried out over a period of six months. A multivariate analysis of Principal Components (PCA) and clustering allowed us to verify that the leased machine had better performance in the incidence of immediate damages in the seeds, but after a storage period of 6 months the vigor of these seeds reduced more than own machine evidencing that such a machine would bring more damages to the seeds.

Keywords: Glycine max (L.), cluster analysis, PCA, vigor

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503 Compensation for Victims of Crime and Abuse of Power in Nigeria

Authors: Kolawole Oyekan Jamiu

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In Nigerian criminal law, a victim of an offence plays little or no role in the prosecution of an offender. The state concentrates only on imposing punishment on the offender while the victims of crime and abuse of power by security agencies are abandoned without any compensation either from the State or the offender. It has been stated that the victim of crime is the forgotten man in our criminal justice system. He sets the criminal law in motion but then goes into oblivion. Our present criminal law does not recognise the right of the victim to take part in the prosecution of the case or his right to compensation. The victim is merely a witness in a state versus case. This paper examines the meaning of the phrase ‘the victims of crime and abuse of power’. It needs to be noted that there is no definition of these two categories of victims in any statute in Nigeria. The paper also considers the United Nations General Assembly Declaration of Basic Principle of Justice for Victims and abuse of power. This declaration was adopted by the United Nations General Assembly on the 25th of November 1985. The declaration contains copious provisions on compensation for the victims of crime and abuse of power. Unfortunately, the declaration is not, in itself a legally binding instrument and has been given little or no attention since the coming into effect in1985. This paper examines the role of the judiciary in ensuring that victims of crime and abuse of power in Nigeria are compensated. While some Judges found it difficult to award damages to victims of abuse of power others have given some landmark rulings and awarded substantial damages. The criminal justice ( victim’s remedies) Bill shall also be examined. The Bill comprises of 74 sections and it spelt out the procedures for compensating the victims of crime and abuse of power in Nigeria. Finally, the paper also examines the practicability of awarding damages to victims of crime whether the offender is convicted or not and in addition, the possibility of granting all equitable remedies available in civil cases to victims of crime and abuse of power so that the victims will be restored to the earlier position before the crime.

Keywords: compensation, damages, restitution, victims

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502 Stress Corrosion Cracking, Parameters Affecting It, Problems Caused by It and Suggested Methods for Treatment: State of the Art

Authors: Adnan Zaid

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Stress corrosion cracking (SCC) may be defined as a degradation of the mechanical properties of a material under the combined action of a tensile stress and corrosive environment of the susceptible material. It is a harmful phenomenon which might cause catastrophic fracture without a sign of prior warning. In this paper, the stress corrosion cracking, SCC, process, the parameters affecting it, and the different damages caused by it are given and discussed. Utilization of shot peening as a mean of enhancing the resistance of materials to SCC is given and discussed. Finally, a method for improving materials resistance to SCC by grain refining its structure by some refining elements prior to usage is suggested.

Keywords: stress corrosion cracking, parameters, damages, treatment methods

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501 Recovery of Damages by General Cargo Interest under Bill of Lading Carriage Contract

Authors: Eunice Chiamaka Allen-Ngbale

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Cargo claims are brought by cargo interests against carriers when the goods are not delivered or delivered short or mis-delivered or delivered damaged. The objective of the cargo claimant is to seek recovery for the loss suffered through the award of damages against the carrier by a court of competent jurisdiction. Moreover, whether the vessel on which the goods were carried is or is not under charter, the bill of lading plays a central role in the cargo claim. Since the bill of lading is an important international transport document, this paper examines, by chronicling the progress of a cargo claim as governed by the English law of contract. It finds that other than by contract, there are other modes of recovery available to a consignee or endorsee of a bill of lading to obtain a remedy under the sui generis contract of carriage contained in or evidenced by a bill of lading.

Keywords: bill of lading, cargo interests, carriage contract, transfer of right of suit

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500 Flood Hazard and Risk Mapping to Assess Ice-Jam Flood Mitigation Measures

Authors: Karl-Erich Lindenschmidt, Apurba Das, Joel Trudell, Keanne Russell

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In this presentation, we explore options for mitigating ice-jam flooding along the Athabasca River in western Canada. Not only flood hazard, expressed in this case as the probability of flood depths and extents being exceeded, but also flood risk, in which annual expected damages are calculated. Flood risk is calculated, which allows a cost-benefit analysis to be made so that decisions on the best mitigation options are not based solely on flood hazard but also on the costs related to flood damages and the benefits of mitigation. The river ice model is used to simulate extreme ice-jam flood events with which scenarios are run to determine flood exposure and damages in flood-prone areas along the river. We will concentrate on three mitigation options – the placement of a dike, artificial breakage of the ice cover along the river, the installation of an ice-control structure, and the construction of a reservoir. However, any mitigation option is not totally failsafe. For example, dikes can still be overtopped and breached, and ice jams may still occur in areas of the river where ice covers have been artificially broken up. Hence, for all options, it is recommended that zoning of building developments away from greater flood hazard areas be upheld. Flood mitigation can have a negative effect of giving inhabitants a false sense of security that flooding may not happen again, leading to zoning policies being relaxed. (Text adapted from Lindenschmidt [2022] "Ice Destabilization Study - Phase 2", submitted to the Regional Municipality of Wood Buffalo, Alberta, Canada)

Keywords: ice jam, flood hazard, flood risk river ice modelling, flood risk

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499 Patient Safety Culture in Brazilian Hospitals from Nurse's Team Perspective

Authors: Carmen Silvia Gabriel, Dsniele Bernardi da Costa, Andrea Bernardes, Sabrina Elias Mikael, Daniele da Silva Ramos

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The goal of this quantitative study is to investigate patient safety culture from the perspective of professional from the hospital nursing team.It was conducted in two Brazilian hospitals,.The sample included 282 nurses Data collection occurred in 2013, through the questionnaire Hospital Survey on Patient Safety Culture.Based on the assessment of the dimensions is stressed that, in the dimension teamwork across hospital units, 69.4% of professionals agree that when a lot of work needs to be done quickly, they work together as a team; about the dimension supervisor/ manager expectations and actions promoting safety, 70.2% agree that their supervisor overlooks patient safety problems.Related to organizational learning and continuous improvement, 56.5% agree that there is evaluation of the effectiveness of the changes after its implementation.On hospital management support for patient safety, 52.8% refer that the actions of hospital management show that patient safety is a top priority.On the overall perception of patient safety, 57.2% disagree that patient safety is never compromised due to higher amount of work to be completed.In what refers to feedback and communication about error, 57.7% refer that always and usually receive such information. Relative to communication openness, 42.9% said they never or rarely feel free to question the decisions / actions of their superiors.On frequency of event reporting, 64.7% said often and always notify events with no damages to patients..About teamwork across hospital units is noted similarity between the percentages of agreement and disagreement, as on the item there is a good cooperation among hospital units that need to work together, that indicates 41.4% and 40.5% respectively.Related to adequacy of professionals, 77.8 % disagree on the existence of sufficient amount of employees to do the job, 52.4% agree that shift changes are problematic for patients. On nonpunitive response to errors, 71.7% indicate that when an event is reported it seems that the focus is on the person.On the patient safety grade of the institution, 41.6 % classified it as very good. it is concluded that there are positive points in the safety culture, and some weaknesses as a punitive culture and impaired patient safety due to work overload .

Keywords: quality of health care, health services evaluation, safety culture, patient safety, nursing team

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498 Rapid Flood Damage Assessment of Population and Crops Using Remotely Sensed Data

Authors: Urooj Saeed, Sajid Rashid Ahmad, Iqra Khalid, Sahar Mirza, Imtiaz Younas

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Pakistan, a flood-prone country, has experienced worst floods in the recent past which have caused extensive damage to the urban and rural areas by loss of lives, damage to infrastructure and agricultural fields. Poor flood management system in the country has projected the risks of damages as the increasing frequency and magnitude of floods are felt as a consequence of climate change; affecting national economy directly or indirectly. To combat the needs of flood emergency, this paper focuses on remotely sensed data based approach for rapid mapping and monitoring of flood extent and its damages so that fast dissemination of information can be done, from local to national level. In this research study, spatial extent of the flooding caused by heavy rains of 2014 has been mapped by using space borne data to assess the crop damages and affected population in sixteen districts of Punjab. For this purpose, moderate resolution imaging spectroradiometer (MODIS) was used to daily mark the flood extent by using Normalised Difference Water Index (NDWI). The highest flood value data was integrated with the LandScan 2014, 1km x 1km grid based population, to calculate the affected population in flood hazard zone. It was estimated that the floods covered an area of 16,870 square kilometers, with 3.0 million population affected. Moreover, to assess the flood damages, Object Based Image Analysis (OBIA) aided with spectral signatures was applied on Landsat image to attain the thematic layers of healthy (0.54 million acre) and damaged crops (0.43 million acre). The study yields that the population of Jhang district (28% of 2.5 million population) was affected the most. Whereas, in terms of crops, Jhang and Muzzafargarh are the ‘highest damaged’ ranked district of floods 2014 in Punjab. This study was completed within 24 hours of the peak flood time, and proves to be an effective methodology for rapid assessment of damages due to flood hazard

Keywords: flood hazard, space borne data, object based image analysis, rapid damage assessment

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497 Integral Abutment Bridge: A Study on Types, Importance, Limitations and Design Guidelines

Authors: Babitha Elizabeth Philip

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This paper aims to study in general about bridges without expansion joints. Integral Abutment Bridges (IAB) fall into this category of bridges. They are having a continuous deck and also the girders are integrated into the abutments. They are most cost effective system in terms of construction, maintenance, and longevity. The main advantage of IAB is that it is corrosion resistant since water is not allowed to pass through the structure. The other attractions of integral bridges are its simple and rapid construction, smooth and uninterrupted deck which provides a safe ride. Also damages to the abutments can be avoided to a great extent due to better load distribution at the bridge ends. Damages due to improper drainage are not seen in IAB because of its properly drained approach slabs thus eliminating the possibility of erosion of the abutment backfill and freeze and thaw damage resulting from saturated backfill.

Keywords: continuous bridge, integral abutment bridge, joint bridge, life cycle cost, soil interaction

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496 Repair of Thermoplastic Composites for Structural Applications

Authors: Philippe Castaing, Thomas Jollivet

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As a result of their advantages, i.e. recyclability, weld-ability, environmental compatibility, long (continuous) fiber thermoplastic composites (LFTPC) are increasingly used in many industrial sectors (mainly automotive and aeronautic) for structural applications. Indeed, in the next ten years, the environmental rules will put the pressure on the use of new structural materials like composites. In aerospace, more than 50% of the damage are due to stress impact and 85% of damage are repaired on the fuselage (fuselage skin panels and around doors). With the arrival of airplanes mainly of composite materials, replacement of sections or panels seems difficult economically speaking and repair becomes essential. The objective of the present study is to propose a solution of repair to prevent the replacement the damaged part in thermoplastic composites in order to recover the initial mechanical properties. The classification of impact damage is not so not easy : talking about low energy impact (less than 35 J) can be totally wrong when high speed or weak thicknesses as well as thermoplastic resins are considered. Crash and perforation with higher energy create important damages and the structures are replaced without repairing, so we just consider here damages due to impacts at low energy that are as follows for laminates : − Transverse cracking; − Delamination; − Fiber rupture. At low energy, the damages are barely visible but can nevertheless reduce significantly the mechanical strength of the part due to resin cracks while few fiber rupture is observed. The patch repair solution remains the standard one but may lead to the rupture of fibers and consequently creates more damages. That is the reason why we investigate the repair of thermoplastic composites impacted at low energy. Indeed, thermoplastic resins are interesting as they absorb impact energy through plastic strain. The methodology is as follows: - impact tests at low energy on thermoplastic composites; - identification of the damage by micrographic observations; - evaluation of the harmfulness of the damage; - repair by reconsolidation according to the extent of the damage ; -validation of the repair by mechanical characterization (compression). In this study, the impacts tests are performed at various levels of energy on thermoplastic composites (PA/C, PEEK/C and PPS/C woven 50/50 and unidirectional) to determine the level of impact energy creating damages in the resin without fiber rupture. We identify the extent of the damage by US inspection and micrographic observations in the plane part thickness. The samples were in addition characterized in compression to evaluate the loss of mechanical properties. Then the strategy of repair consists in reconsolidating the damaged parts by thermoforming, and after reconsolidation the laminates are characterized in compression for validation. To conclude, the study demonstrates the feasibility of the repair for low energy impact on thermoplastic composites as the samples recover their properties. At a first step of the study, the “repair” is made by reconsolidation on a thermoforming press but we could imagine a process in situ to reconsolidate the damaged parts.

Keywords: aerospace, automotive, composites, compression, damages, repair, structural applications, thermoplastic

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495 Estimating Affected Croplands and Potential Crop Yield Loss of an Individual Farmer Due to Floods

Authors: Shima Nabinejad, Holger Schüttrumpf

Abstract:

Farmers who are living in flood-prone areas such as coasts are exposed to storm surges increased due to climate change. Crop cultivation is the most important economic activity of farmers, and in the time of flooding, agricultural lands are subject to inundation. Additionally, overflow saline water causes more severe damage outcomes than riverine flooding. Agricultural crops are more vulnerable to salinity than other land uses for which the economic damages may continue for a number of years even after flooding and affect farmers’ decision-making for the following year. Therefore, it is essential to assess what extent the agricultural areas are flooded and how much the associated flood damage to each individual farmer is. To address these questions, we integrated farmers’ decision-making at farm-scale with flood risk management. The integrated model includes identification of hazard scenarios, failure analysis of structural measures, derivation of hydraulic parameters for the inundated areas and analysis of the economic damages experienced by each farmer. The present study has two aims; firstly, it attempts to investigate the flooded cropland and potential crop damages for the whole area. Secondly, it compares them among farmers’ field for three flood scenarios, which differ in breach locations of the flood protection structure. To achieve its goal, the spatial distribution of fields and cultivated crops of farmers were fed into the flood risk model, and a 100-year storm surge hydrograph was selected as the flood event. The study area was Pellworm Island that is located in the German Wadden Sea National Park and surrounded by North Sea. Due to high salt content in seawater of North Sea, crops cultivated in the agricultural areas of Pellworm Island are 100% destroyed by storm surges which were taken into account in developing of depth-damage curve for analysis of consequences. As a result, inundated croplands and economic damages to crops were estimated in the whole Island which was further compared for six selected farmers under three flood scenarios. The results demonstrate the significance and the flexibility of the proposed model in flood risk assessment of flood-prone areas by integrating flood risk management and decision-making.

Keywords: crop damages, flood risk analysis, individual farmer, inundated cropland, Pellworm Island, storm surges

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494 Human Trafficking the Kosovar Perspective of Fighting the Phenomena through Police and Civil Society Cooperation

Authors: Samedin Mehmeti

Abstract:

The rationale behind this study is considering combating and preventing the phenomenon of trafficking in human beings from a multidisciplinary perspective that involves many layers of the society. Trafficking in human beings is an abhorrent phenomenon highly affecting negatively the victims and their families in both human and material aspect, sometimes causing irreversible damages. The longer term effects of this phenomenon, in countries with a weak economic development and extremely young and dynamic population, such as Kosovo, without proper measures to prevented and control can cause tremendous damages in the society. Given the fact that a complete eradication of this phenomenon is almost impossible, efforts should be concentrated at least on the prevention and controlling aspects. Treating trafficking in human beings based on traditional police tactics, methods and proceedings cannot bring satisfactory results. There is no doubt that a multi-disciplinary approach is an irreplaceable requirement, in other words, a combination of authentic and functional proactive and reactive methods, techniques and tactics. Obviously, police must exercise its role in preventing and combating trafficking in human beings, a role sanctioned by the law, however, police role and contribution cannot by any means considered complete if all segments of the society are not included in these efforts. Naturally, civil society should have an important share in these collaborative and interactive efforts especially in preventive activities such as: awareness on trafficking risks and damages, proactive engagement in drafting appropriate legislation and strategies, law enforcement monitoring and direct or indirect involvement in protective and supporting activities which benefit the victims of trafficking etc.

Keywords: civil society, cooperation, police, human trafficking

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493 A Turn-on Fluorescent Sensor for Pb(II)

Authors: Ece Kök Yetimoğlu, Soner Çubuk, Neşe Taşci, M. Vezir Kahraman

Abstract:

Lead(II) is one of the most toxic environmental pollutants in the world, due to its high toxicity and non-biodegradability. Lead exposure causes severe risks to human health such as central brain damages, convulsions, kidney damages, and even death. To determine lead(II) in environmental or biological samples, scientists use atomic absorption spectrometry (AAS), inductively coupled plasma mass spectrometry (ICPMS), fluorescence spectrometry and electrochemical techniques. Among these systems the fluorescence spectrometry and fluorescent chemical sensors have attracted considerable attention because of their good selectivity and high sensitivity. The fluorescent polymers usually contain covalently bonded fluorophores. In this study imidazole based UV cured polymeric film was prepared and designed to act as a fluorescence chemo sensor for lead (II) analysis. The optimum conditions such as influence of pH value and time on the fluorescence intensity of the sensor have also been investigated. The sensor was highly sensitive with a detection limit as low as 1.87 × 10−8 mol L-1 and it was successful in the determination of Pb(II) in water samples.

Keywords: fluorescence, lead(II), photopolymerization, polymeric sensor

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492 Damages Inflicted on Steel Structures and Metal Buildings due to Insufficient Supervision and Monitoring and Non-Observance of the Rules of the Regulations

Authors: Ehsan Sadie

Abstract:

Despite the experience of heavy losses and damages of recent earthquakes such as 8 km E of Pāhala, Hawaii, 11 km W of Salvaleón de Higüey, Dominican Republic and 49 km SSE of Punta Cana, Dominican Republic earthquakes, the possibility of large earthquakes in most populated areas of any country and the serious need for quality control in the design and implementation of buildings, not enough attention has been paid to the proper construction. Steel structures constitute a significant part of construction in any metropolitan area. This article gives a brief overview of the implementation status of these buildings in urban areas and considers the weaknesses of performance that typically occur due to negligence or insufficient mastery of the building supervisor in the principles of operation of earthquake-resistant buildings, and provides appropriate and possible solutions to improve the construction.

Keywords: bracing member, concentrated load, diaphragm system, earthquake engineering, load-bearing system, shear force, seismic retrofitting, steel building, strip foundation, supervising engineer, vulnerability of building

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491 Evaluation the Effects of Air Pollution on Elderly People of the City of Tehran

Authors: Farideh Gheitasi, Amir Hossain Jaberansari, Payam Abedini

Abstract:

The World Health Organization (WHO) Manifesto for Safe Communities states that "All human beings have an equal right to health and safety". The purpose of a safe Community is to minimize the damages threatening people. It seems that not sufficient attention has been given to relate environment and objectives of the safe Community. The reason for that can be assigned to the lack of enough information about environmental parameters and their relation with indices of the safe community like type and effect time of damages resulting from air pollution. Air pollution can be characterized as one of main environmental problems of Tehran. This problem is mostly due to the special geographic and climate situation, high population density and irregular growth in the number of vehicles. This paper is aimed at investigating the necessity of considering environmental factors to obtain a safe community through determining the effects of environmental pollution, particularly air pollution, on 490000 elders (+65) of Tehran. The methodology used in this study was on the basis of Random sampling and social surveying. The number of questionnaires was determined to be 321 through using Cochran method and the questionnaires were filled out by elders during personal interviews. The analysis of obtained results indicated that elders believe the major effects of air pollution include heart and respiratory diseases, obligation to stay at home on polluted days and its associated mental problems. Moreover, it was found that there is direct link between the number of polluted days and mortality frequency of elders. Having an environmental view may have an appreciable influence on the qualitative and quantitative development of activities and also facilitate obtaining the goals of the Safe Communities. In addition to reduce damages caused by pollutions, this view will encourage friends of the environment to cooperate with authorities of the safe community.

Keywords: air pollution, elderly people, environment, waste management

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490 Recidivism in Brazil: Exploring the Case of the Association of Protection and Assistance to Convicts Methodology

Authors: Robyn Heitzman

Abstract:

The traditional method of punitive justice in Brazil has failed to prevent high levels of recidivism. Combined with overcrowding, a lack of resources, and human rights abuses, the conventional prison approach in Brazil is being questioned; one alternative approach is the association of protection and assistance to convicts (APAC) method. Justice -according to the principles of the APAC methodology- is served through education, reformation, and human development. The model has reported relatively low levels of recidivism and has been internationally recognised for its progress. Through qualitative research such as interviews and case studies, this paper explains why, applying the theory of restorative justice, the APAC methodology yields lower rates of recidivism compared to the traditional models of prisons in Brazil. 

Keywords: Brazil, justice, prisons, restorative

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489 The Damage Assessment of Industrial Buildings Located on Clayey Soils Using in-Situ Tests

Authors: Ismail Akkaya, Mucip Tapan, Ali Ozvan

Abstract:

Some of the industrially prefabricated buildings located on clayey soils were damaged due to soil conditions. The reasons of these damages are generally due to different settlement capacity, the different plasticity of soils and the level of ground water. The aim of this study is to determine the source of these building damages by conducting in situ tests. Therefore, pressuremeter test, which is one of the borehole loading test conducted to determine the properties of soils under the foundations and Standart Penetration Test (SPT). The results of these two field tests were then used to accurately obtain the consistency and firmness of soils. Pressuremeter Deformation Module (EM) and Net Limiting Pressure (PL) of soils were calculated after the pressuremeter tests. These values were then compared with the SPT (N30) and SPT (N60) results. An empirical equation was developed to obtain EM and PL values of such soils from SPT test results. These values were then used to calculate soil bearing capacity as well as the soil settlement. Finally, the relationship between the foundation settlement and the damage of these buildings were checked. It was found that calculated settlement values were almost the same as measured settlement values.

Keywords: damaged building, pressuremeter, standard penetration test, low and high plasticity clay

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488 The Role of the Injured Party's Fault in the Apportionment of Damages in Tort Law: A Comparative-Historical Study between Common Law and Islamic Law

Authors: Alireza Tavakoli Nia

Abstract:

In order to understand the role of the injured party's fault in dividing liability, we studied its historical background. In common law, the traditional contributory negligence rule was a complete defense. Then the legislature and judicial procedure modified that rule to one of apportionment. In Islamic law, too, the Action rule was at first used when the injured party was the sole cause, but jurists expanded the scope of this rule, so this rule was used in cases where both the injured party's fault and that of the other party are involved. There are some popular approaches for apportionment of damages. Some common law countries like Britain had chosen ‘the causal potency approach’ and ‘fixed apportionment’. Islamic countries like Iran have chosen both ‘the relative blameworthiness’ and ‘equal apportionment’ approaches. The article concludes that both common law and Islamic law believe in the division of responsibility between a wrongdoer claimant and the defendant. In contrast, in the apportionment of responsibility, Islamic law mostly believes in equal apportionment that is way easier and saves time and money, but common law legal systems have chosen the causal potency approach, which is more complicated than the rival approach but is fairer.

Keywords: contributory negligence, tort law, damage apportionment, common law, Islamic law

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487 Hydraulics of 3D Aerators with Lateral Enlargements

Authors: Nirmala Lama

Abstract:

The construction of high dams has led to significant challenges in managing flow rates discharging over spillways, resulting in cavitation damages on hydraulic surfaces. To address this, aerator devices were designed and installed to promote fore aeration, thereby controlling and mitigating damages caused by cavitation. Consequently, these aerator types, three-dimensional aerators (3DAEs), have demonstrated superior efficiency in introducing forced air into the flow.This research focuses on the installation and evaluation of three-dimensional aerator devices at the high discharge spillway surface. In the laboratory, the air concentration downstream of the hydraulic structures was extensively measured, and the data were analyzed in details.Multiple flow scenarios and structural arrangements of the aerators were adopted for the study. The outcomes of these experiments are listed as In terms of air concentration value, the comparison between 3 DAE (three-dimensional aerator) with offset only and offset with ramp reveals significant differences. The concentration value on the side wall was justified. The side cavity length was found to increase with higher approach Froude numbers and lateral enlargement widths. Furthermore, 3DAE exhibited shorter side cavity lengths compared to three-dimensional aerator devices without ramps (3DAD), a beneficial features for controlling water fins. An empirical formula to express the side cavity length was derived from the measured data. Also, the comparison were made on the basis of water fin formation between the different arrangements of 3D aerators. In conclusion, this research provides valuable insights into the performance of three-dimensional aerators in mitigating cavitation damages and controlling water fins in high dam spillways. The findings offer practical implications for designers and engineers seeking to enhance the efficiency and safety of hydraulic structures subjected to high flow rates.

Keywords: three-dimension aerator, cavity, water fin, air entrainment

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