Search results for: state legislations

Authors: Heather Caldwell

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In 1915, state superintendent, Mary C.C. Bradford initiated a state standardization plan in order to improve the quality of schools and the educational experience for all children in Colorado. This plan would change the schools, improving them and offering more opportunities for children, teachers, and the community. In a state where geography limited opportunity to make all schools equal and brought challenges to state school leaders to improve education throughout the state, the leadership prevailed and worked together with local schools and school leaders to make drastic improvements in the curriculum. This paper will discuss this plan and will highlight key contributions to this standardization plan that improved opportunities for all students in the state of Colorado through these educational initiatives.

Keywords: history of education, standardization, curriculum, state superintendent, women in education

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Authors: Sanjay Kumar

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This paper reports the solvent effects on the electronic absorption and fluorescence emission spectra of 6-OH-4-CH3, 7-OH-4-CH3 and 7-OH-4-CF3 coumarin derivatives having -OH, -CH3 and -CF3 substituent at different positions in various solvents (Polar and Non-Polar). The first excited singlet state dipole moment and ground state dipole moment were calculated using Bakhshiev, Kawski-Chamma-Viallet and Reichardt-Dimroth equations and were compared for all the coumarin studied. In all cases the dipole moments were found to be higher in the excited singlet state than in the ground state indicating a substantial redistribution of Π-electron density in the excited state. The angle between the excited singlet state and ground state dipole moment is also calculated. The red shift of the absorption and fluorescence emission bands, observed for all the coumarin studied upon increasing the solvent polarity indicating that the electronic transitions were Π → Π* nature.

Keywords: coumarin, solvent effects, absorption spectra, emission spectra, excited singlet state dipole moment, ground state dipole moment, solvatochromism

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Authors: Erdal Eroğlu, Özhan Çetinkaya

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The purpose of this paper is to show how state plays a regulatory role in the relations of distribution by analyzing tax and expenditure in Turkey. This paper has two main arguments. First, state intervenes in economic and social life via budget policies and steers the relations of distribution within the scope of the reproduction of the capital accumulation and legitimacy. Secondly, a great amount of public expenditure benefits capital owners while state gains its tax income mainly from low and middle income groups.

Keywords: distribution, public expenditure, state budget, taxes

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Authors: Yagnik Patel

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This paper will analyze and explain two main objectives. First, it will examine the emergence of the insurgency in the state of Tripura. The State of Tripura was facing the full blow of insurgency problem since 1978 after the formation of Tripura National Volunteers (TNV). But, the roots of this insurgency were found even before 1978. This study will analyze the roots and trajectory of insurgency in the Tripura. Second, it will examine the role played by the police in counterinsurgency in the State of Tripura. Even though state police are mandated for the maintenance of the law and order and public order (like every police), the state police of Tripura have played a significant role in curbing the insurgency by enhancing their counterinsurgency (COIN) capabilities and re-structuring the new comprehensive COIN doctrine. And by the end of May 2015, the State Government has lifted The Armed Forces (Special Powers) Act (AFSPA) from the State of Tripura, as declaiming of the violence. The fight against the insurgency, usually done by the military or para-military, but nowadays the police organization is also becoming a vital state apparatus. After Punjab police and Andhra Pradesh police, Tripura police have also successfully curbed the insurgency from the state. This was the third time when successful counterinsurgency did by the state police in India. This has shown the importance of the police in the fight against the insurgency. In this regard, this paper will use both quantitative and qualitative research methods for an explanatory case study to analyze and explain the roots, causes and the trajectory of insurgency in the state of Tripura and the role played by the police in COIN in Tripura. Along with this, the paper will also examine the successful ‘Police Model of Tripura’.

Keywords: counterinsurgency, insurgency, police, Tripura state rifles

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Authors: Man Bahadur Shahu

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The secularism is a controversial, debatable and misinterpreted issue since its endorsement in the 2007 constitution in Nepal. The unprecedented acts have been seen favoring and disfavoring against the secularism within the public domain—which creates the fallacies and suspicions in the rationalization and modernization process. This paper highlights three important points: first, the secularization suddenly ruptures the silence and institutional decline of religion within the state. Second, state effort on secularism simultaneously fosters the state neutrality and state separation from religious institutions that amplify the recognition of all religious groups through the equal treatment in their festivity, rituals, and practices. Third, no state would completely secular because of their deep-rooted mindset and disposition with their own religious faiths and beliefs that largely enhance intergroup conflict, dispute, riot and turbulence in post-secular period in the name of proselytizing and conversion.

Keywords: conflict, proselytizing, religion, secular

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Authors: Suren Chilingaryan

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We study two models describing a single two-level system coupled to two boson field modes in either a parallel or orthogonal setup. Both models may be feasible for experimental realization through Raman adiabatic driving in cavity QED. We study their ground state configurations; that is, we find the quantum precursors of the corresponding semi-classical phase transitions. We found that the ground state configurations of both models present the same critical coupling as the quantum Rabi model. Around this critical coupling, the ground state goes from the so-called normal configuration with no excitation, the qubit in the ground state and the fields in the quantum vacuum state, to a ground state with excitations, the qubit in a superposition of ground and excited state, while the fields are not in the vacuum anymore, for the first model. The second model shows a more complex ground state configuration landscape where we find the normal configuration mentioned above, two single-mode configurations, where just one of the fields and the qubit are excited, and a dual-mode configuration, where both fields and the qubit are excited.

Keywords: quantum optics, quantum phase transition, cavity QED, circuit QED

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Authors: Manotar Tampubolon

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Indonesia is a country that upholds the law, human rights and religious freedom. The freedom that implied in various laws and constitution (Undang-undang 1945) is not necessarily applicable in practice of religious life. In one side, the state has a duty as protector and guarantor of freedom, on the other side, however, it turns into one of the actors of freedom violations of religion minority. State action that interferes freedom of religion is done in various ways both intentionally or negligently or not to perform its obligations in the enforcement of human rights (human rights due diligence). Besides the state, non-state actors such as religious organizations, individuals also become violators of the rights of religious freedom. This article will discuss two fundamental issues that interfere freedom of religion in Indonesia after democratic era. In addition, this article also discusses a comprehensive state policy that discriminates minority religions to manifest their faith.

Keywords: religious freedom, constitution, minority faith, state actor

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Authors: Janiel David Melamed Visbal

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The Islamic State has become one of the most remarkable threats for international security through their religious extremism and their establishment of a new caliphate by force. The main objective of this organization is to obtain territorial expansions beyond the Middle East and eventually to consolidate an Islamic global order based on their extremist ideology. This paper will conduct an analysis regarding how, over the past year, many jihadist organizations worldwide have pledged their alliagance to the Islamic State, transforming it into the most important jihadist franchise globally.

Keywords: Islamic state, franchise, jihad, Islamic fundamentalism, caliphate

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Authors: Rosa Nurtazina, Yerkebulan Zhumashov, Maral Tomanova

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Humanity is entering an era when 'virtual reality' as the image of the world created by the media with the help of the Internet does not match the reality in many respects, when new communication technologies create a fundamentally different and previously unknown 'global space'. According to these technologies, the state begins to change the basic technology of political communication of the state and society, the state and the state. Nowadays, image of the state becomes the most important tool and technology. Image is a purposefully created image granting political object (person, organization, country, etc.) certain social and political values and promoting more emotional perception. Political image of the state plays an important role in international relations. The success of the country's foreign policy, development of trade and economic relations with other countries depends on whether it is positive or negative. Foreign policy image has an impact on political processes taking place in the state: the negative image of the countries can be used by opposition forces as one of the arguments to criticize the government and its policies.

Keywords: image of the country, country's image classification, function of the country image, country's image components

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Authors: Rahmi Kopar

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Legitimate expectations principle is considered one of the most dominant elements of the Fair and Equitable Treatment Standard which is today’s most relied upon treaty standard. Since its utilization by arbitral tribunals is relatively new, the contours of the legitimate expectations concept under investment treaty law have not been precisely defined yet. There are various fragmented views arising both from arbitral tribunals and scholarly writings with respect to its limits and use even though the principle is ‘firmly rooted in arbitral practice.’ International energy investments, due to their characteristics, are more prone to certain types of risks, especially the political risks. Thus, there are several mechanisms to protect an energy investment against those risks. Stabilisation is one of these investment protection methods. Stability provisions can be found under domestic legislations, as a contractual clause, or as a separate legal stability agreement. This paper will start by examining the roots of the contentious concept of legitimate expectations with reference to its application in domestic legal systems from where the doctrine under investment treaty law context was transplanted. Then the paper will turn to the investment treaty law and analyse the main contours of the doctrine as understood and applied by arbitral tribunals. 'What gives rise to the investor’s legitimate expectations?' question is answered mainly by three categories of sources: the general legal framework prevalent in a host state, the representations made by the officials or organs of a host state, and the contractual commitments. However, there is no unanimity among the arbitral tribunals and the scholars with respect to the form these sources should take. At this point, the study will discuss the sources of a stability provision and the effect of these stability provisions found in various legal sources in creating a legitimate expectation for the investor. The main questions to be discussed in this paper are as follows: a) Do the stability provisions found under different legal sources create a legitimate expectation on the investor side? b) If yes, what levels of legitimate expectations do they create? These questions will be answered mainly by reference to investment treaty jurisprudence.

Keywords: fair and equitable treatment standard, international energy investments, investment protection, legitimate expectations, stabilization

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Authors: Eny Suastuti

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This paper is about state’s capital equity in establishing State-owned Company (PT Merpati Persero). Under private law regime, PT Merpati Persero equity is a state asset allocated separately from the State Budget. Consequently, it is no longer a state asset; rather, it becomes a part of company assets. The adoption of Act No. 17 of 2003 on State Finance, Act No. 31 of 1999, which is amended by Act No. 20 of 2001 on Eradication of Corrupt Practices, Act No. 15 of 2004 on Auditing, Management, and Accountability of State Finance, and Act No. 15 of 2006 Audit Board raises legal issues of whether State-owned Company’s (PT Merpati Persero) loss may be deemed as loss on state finance made by the Directors of PT Merpati Persero, which implication leads to corrupt practices conducted by the Directors. The principle of civil law states that state assets are separated from the state budget is not a government asset. Therefore the case of a lease agreement 2 (two) units of Boeing 737-400 and Boeing 737-500 between PT Merpati Nusantara Airlines with companies Third Stone Aircraft Leasing Group (TALG) the United States cannot be prosecuted under Articles 2 and 3 of Act No. 31 of 1999 Jo Act No. 20 of 2001 on Eradication of Corrupt Practices (Law PTPK). From this paper, three things are found. First, state’s capital equity, which has been allocated separately from state assets in establishing the PT Merpati Perserois not state asset; rather, it is company’s asset. Second, in the case of mismanagement leading to company loss, the Directors of PT Merpati Persero may not be charged with committing corrupt practice as prescribed in Articles 2 and 3 of Corrupt Practices Eradication Law. Third, misperception has been made by judicial practices since the courts consider loss in certain transaction made by Directors of PT Merpati Persero to be loss of state finance whose implication is applicability of Articles 2 and 3 of Corrupt Practices Eradication Law.

Keywords: corrupt practice, loss, state's capital equity, state finance (PT Merpati Persero)

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Authors: Yumei Wang, Xiaoyu Xu, Li Lu

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Solid-state battery adopts solid-state electrolyte such as oxide- and composite-based solid electrolytes. With the adaption of nonflammable or less flammable solid electrolytes, the safety of solid-state batteries can be largely increased. NASICON (Na₃Zr₂Si₂PO₁₂, NZSP) is one of the sodium ion conductors that possess relatively high ionic conductivity, wide electrochemical stable range and good chemical stability. Therefore, it has received increased attention. We report the development of high-density NZSP through liquid phase sintering and its organic-inorganic composite electrolyte. Through reactive liquid phase sintering, the grain boundary conductivity can be largely enhanced while using an organic-inorganic composite electrolyte, interfacial wetting and impedance can be largely reduced hence being possible to fabricate scalable solid-state batteries.

Keywords: solid-state electrolyte, composite electrolyte, electrochemical performance, conductivity

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Authors: Mohammed Farag, Mina Attari, S. Andrew Gadsden, Saeid R. Habibi

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Battery state of charge (SOC) estimation is an important parameter as it measures the total amount of electrical energy stored at a current time. The SOC percentage acts as a fuel gauge if it is compared with a conventional vehicle. Estimating the SOC is, therefore, essential for monitoring the amount of useful life remaining in the battery system. This paper looks at the implementation of three nonlinear estimation strategies for Li-Ion battery SOC estimation. One of the most common behavioral battery models is the one state hysteresis (OSH) model. The extended Kalman filter (EKF), the smooth variable structure filter (SVSF), and the time-varying smoothing boundary layer SVSF are applied on this model, and the results are compared.

Keywords: state of charge estimation, battery modeling, one-state hysteresis, filtering and estimation

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Authors: Galit Truman Zinman

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The 'Islamic State' (IS) is one of the most successful jihadist groups in the modern history. The 'Islamic State' strives to realize the idea of erasing the borders between Muslim countries and establishing a wide Islamic caliphate. The 'Islamic State' is based on religious unity and opposition to existing political order. In this paper, the main argument is that the 'Islamic State' is characterized by two significant tendencies of state-building: preservation and change. The methodology of this study is based on the process tracing method and the analysis of primary sources: decisions, announcements and speeches of religious leaders of the Islamic State, slogans, rituals and symbols, audio and video clips produced by the Al-Hayat Media Center, films distributed on YouTube, as well as the content analysis of Dabiq`s articles (IS official Journal) and nasheeds (jihadi songs). The major findings of this study indicate that in practice the 'Islamic State' uses the same socio-political functions typical to the modern state (preservation), but introduces a different religious-ideological content (change). On the one hand, there is a preservation of the principles of existing modern state. Even with the rejection of secularization, globalization, and nationalism, there is an establishment of typical modern nation-state patterns. It is still a state entity, which has an ideological infrastructure, territory, population, governance and a monopoly on the use of violence, security services, justice system, tax collection, etc. All these functions characterize the modern state, and despite the desire of the 'Islamic State' to create a new kind of state, it reminds patterns of the typical modern nation-state. As for the religious-ideological content of the new state, here we can see a tendency of great change. The 'Islamic State' aims to create an Islamic caliphate which would allow the establishment of religious law and order, under a big commitment to return civilization to a seventh-century environment. The 'Islamic State' favors the fight against Western culture and its liberal ideology. It supports the struggle for global jihad against the unbelievers. Today, despite the territorial 'contraction' and the undermining of the organization's governance in Iraq and Syria, the 'Islamic State' continues to maintain its brand among jihadist activists around the world.

Keywords: Islamic State, Islamic caliphate, modern nation-state, religious law and order

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Authors: Monika Florczak-Wator

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The model of positive obligations of the state concerning the protection of the rights of an individual was created within the jurisdiction of the German Federal Constitutional Court in the 1970s. That model assumes that the state should protect an individual against infringement of their fundamental rights by another individual. It is based on the idea concerning the modification of the function and duties of the state towards an individual and society. Initially the state was perceived as the main infringer of the fundamental rights of an individual formulating the individual’s obligations of negative nature (obligation of noninterference), however, at present the state is perceived as a guarantor and protector of the fundamental rights of an individual of positive nature (obligation of protection). Examination of the chosen judicial decisions of that court will enable us to determine what the obligation of protection is specifically about, when it is updated and whether it is accompanied by claims of an individual requesting the state to take actions protecting their fundamental rights against infringement by the private entities. The comparative perspective for the German model of positive obligations of the state will be an analogous model present in the jurisdiction of the European Court of Human Rights. It is justified to include it in the research as the Convention, similarly to the constitution, focuses on the protection of an individual against the infringement of their rights by the state and both models have been developed within the jurisdiction for several dozens of years. Analysis of the provisions of the Constitution of the Republic of Poland as well as judgements of the Polish Constitutional Tribunal will allow for the presentation of the application the model of the protective duties of the state in Poland.

Keywords: human rights, horizontal relationships, constitution, state protection

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Authors: Mohood A. Bamidele, Fadairo O. Olokesunsi, Muhammed A. Yunus

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This research work focuses on tourism and poverty alleviation in Osun State, it delves in the tourism resources of the state and strategic framework that has been put in place to manage the cultural base tourism that is most prominent in the state. The major instrument used for data collection was questionnaire which was designed for the area and data collected were analyzed using statistical table and chi-square analysis. The result revealed that tourism is under development in Osun State and the tourism potential of the state is yet to be exploited, this is due to lack of appropriate policy to master the development and management of tourism resources, poor publicity, awareness, and lack of adequate basic infrastructure. The research work, therefore, recommended, that, there should be proper and appropriate policy, and that the government should take a leading step to develop tourism in Osun State by creating a workable environment to the private sector and given a substantial budgetary allocation to the tourism in the state.

Keywords: appropriate policy, poor publicity, poverty alleviation, substantial budgetary allocation

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Authors: Julian David Rios Acuna

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This paper seeks to argue that the phenomenon of ‘paramilitarism’ in Colombia exhibits the role of violence as constitutive of the political process of state formation in the country. In order to do this, it takes as its point of departure a landmark moment in the long history of private armies known as the ‘paramilitary’ in Colombia. In 2001, paramilitary commanders, politicians, and members of the military and other branches of state power singed what is known as the ‘Pact of Ralito.’ In this pact, the paramilitary appropriated constitutional and legal language. The paper argues that this appropriation shows that the paramilitary and the state express the same claim to sovereign power and therefore have the same foundation. More precisely, paramilitary power shows itself to base its power on the same foundation as the legal order, namely, extreme forms of violence where death is generative of power. In this sense, the paper shows how, by sharing its foundation, Colombian paramilitarism exhibits that state power in Colombia can be characterized as necro-power as Achille Mbembe understands it. The paper argues that paramilitarism shows state power as necro-power by constituting itself as a symptom understood, following Zizek, as that which both shows and overthrows its own foundation. In this way, paramilitarism shows the foundation of the state, thereby reconfiguring this very state. This reconfiguration, explicitly based on necro-power, the paper concludes, transforms the state into a form more appropriate to the political demands of neo-liberalism. By exhibiting its foundation in necro-power through paramilitarism, the Colombian State turns from a liberal into a (neo)liberal democracy.

Keywords: necro-power, necropolitics, paramilitarism in Colombia, state formation, state power, sovereign power

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Authors: Rebecca Rumbul

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The operation of the state can often appear opaque to citizens wishing to access official information, who have to negotiate a path through numerous levels of bureaucracy rationalized through institutional policy to acquire what information they want. Even where individual states have 'Right to Information' legislation guaranteeing citizen access to information, public sector conformity to such laws vary between states and between state organizations. In response to such difficulties in bringing citizens and information together, many NGO's around the world have begun designing and hosting digital portals to facilitate the requesting and receiving of official information. How then, are these 'civic technology' tools affecting the behavior of the state? Are they increasing the transparency of the state? This study looked at 5 Right to Information civic technology sites in Chile, Uruguay, Ukraine, Hungary and the UK, and found that such sites were providing a useful platform to publish official information, but that states were still reluctant to comply with all requests. It concludes that civic technology can be an important tool in increasing the transparency of the state, but that the state must have an institutional commitment to information rights for this to be fully effective.

Keywords: digital, ICT, transparency, civic technology

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Authors: Hezha Hewa, Taher Sur

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Nowadays, child affairs is a matter of both national and international interests. This issue is regarded a vital topic for various scientific fields across ages, and for all the communities without exception. However, the nature of child caring may vary due to the verities in science perspectives. So, considering child's affairs from different perspectives is helpful to have a complementary image about this matter. The purpose behind selecting this topic is to keep a balance between the victim on the one hand, and the guardian and the offender on the other hand, (i.e.) to avoid any kind of excessiveness either in the protection of the child and its rights not in the punishment of the offender. This is achieved through considering various legal materials in the Iraqi legislation and in the comparative legislations that are concerned with the child's issue and the extent to which the child makes use of these rights. The scope of this study involves the crimes that are considered as aggressions against the child's right to life, and the crimes that are dangerous to their physical and psychological safety. So, this study comprehensively considers the intentional murder of child, child murder to avoid disgrace, child kidnapping, child abandonment, physical abuse for the sake of punishment or not, child circumcision, verbal violence, and abstaining from leaving a child with a person who has the right of custody. This study ends with the most significant concluding points that have been derived throughout this study, which are: Unlike the Iraqi legislation, the Egyptian legislation defines the child in the Article 2 of the Child Law No. 12 of 1996 amended by the Law No. 126 of 2008 that the child is a person who does not exceed 18 years of age. Some legislation does not provide special criminal protection for child intentional murder, as in the Iraqi and the Egyptian legislation. However, some others have provided special criminal protection for a child, as in French and Syrian legislations. Child kidnapping is regarded as one of the most dangerous crimes that affects the child and the family as well, as it may expose the child's life to danger or to death. The most significant recommendations from the researcher are: The Iraqi legislation is recommended to take the necessary measures to establish a particular legislation for the child by including all the legal provisions that are associated with this weak creature, and make use of the Egyptian legislator’s experience as a pioneer in this respect. Both the Iraqi legislation and the Egyptian legislation are recommended to enact special laws to protect a child from the crimes of intentional murder, as the crime of child murder is currently subjected to the same provisions consider for adult murder.

Keywords: child, criminal, penal, law, safety

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Authors: Ivan Orozco

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Introduction: Forced contraception constitutes part of an effort to control the life and reproductive capacity of women through public health institutions. This phenomenon has affected many Mexican women historically and still persists nowadays. The notion of reproductive governmentality refers to the mechanisms through which different historical configurations of social actors (state institutions, churches, donor agents, NGOs, etc.) use legislative controls, economic incentives, moral mandates, direct coercion, and ethical incitements, to produce, monitor and control reproductive behaviors and practices. This research focuses on the use of these mechanisms by the Mexican State to control women's contraceptive practices in a public hospital. Method: An Institutional Ethnography was carried out, with the objective of knowing women's experiences from their own perspective, as they occur in their daily lives, but at the same time, discovering the structural elements that shape the discourses that promote women's contraception, even against their will. The fieldwork consisted in an observation of the dynamics between different participants within a public hospital and the conduction of interviews with the medical and nursing staff in charge of family planning services, as well as women attending the family planning office. Results: Public health institutions in Mexico are state tools to control and regulate reproduction. There are several strategies that are used for this purpose, for example, health personnel provide insufficient or misleading information to ensure that women agree to use contraceptives; health institutions provide economic incentives to the members of the health staff who reach certain goals in terms of contraceptive placement; young women are forced to go to the family planning service, regardless of the reason they went to the clinic; health campaigns are carried out, consisting of the application of contraceptives outside the health facilities, directly in the communities of people who visit the hospital less frequently. All these mechanisms seek for women to use contraceptives, from the women’s perspective; however, the reception of these discourses is ambiguous. While, for some women, the strategies become coercive mechanisms to use contraceptives against their will, for others, they represent an opportunity to take control over their reproductive lives. Conclusion: Since 1974, the Mexican government has implemented campaigns for the promotion of family planning methods as a means to control population growth. Although it is established in several legislations that the counselling must be carried out with a gender and human rights perspective, always respecting the autonomy of people, these research testify that health personnel uses different strategies to force some women to use contraceptive methods, thereby violating their reproductive rights.

Keywords: feminist research, forced contraception, institutional ethnography, reproductive. governmentality

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Authors: Rabia Chaudhry, Andrew Dawson

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Identification of steady/critical state of coarse granular soil is challenging at conventional pressures. This study examines the drained and undrained triaxial tests for large strains on loose to dense, uniformly graded, Leighton Buzzard Fraction A sand. The triaxial tests are conducted under controlled test conditions. The comparison of soil behavior on shear strength characteristics at different effective stresses has been studied at the medium to large strains levels and the uniqueness of the critical state was discussed. The test results showed that there were two steady/critical state lines for drained and undrained conditions at confining pressures less than 1000 kPa. A critical state friction angle is not constant and the overall scatter in the steady/critical state line for the tested sand is ±0.01 in terms of void ratio at stress levels less than 1000 kPa.

Keywords: critical state, stress strain behavior, fabric/structure, triaxial tests

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Authors: Reni M. Sagayaraj, Anand Gnana S. Selvam, Reynald R. Susainathan

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In this paper, we consider stochastic queueing models for Steady-state behavior of a multi-phase M/M/1 queue in random evolution subject to catastrophe failure. The arrival flow of customers is described by a marked Markovian arrival process. The service times of different type customers have a phase-type distribution with different parameters. To facilitate the investigation of the system we use a generalized phase-type service time distribution. This model contains a repair state, when a catastrophe occurs the system is transferred to the failure state. The paper focuses on the steady-state equation, and observes that, the steady-state behavior of the underlying queueing model along with the average queue size is analyzed.

Keywords: M/G/1 queuing system, multi-phase, random evolution, steady-state equation, catastrophe failure

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Authors: E. K. Linsenmayer

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Traditional international relations theorists define state security, the principal national interest, as a state’s military force. However, many political theorists argue the current definition of security is not comprehensive and therefore, problematic. This paper argues that women’s physical security is not only linked but also necessary to achieve state security. In today’s unipolar political international system, the United States continues to accredit national security to its military. However, in one of the most militarized countries, women remain insecure. Through a case study method of the United States, this paper illuminates a necessary political prescription: the empowerment of women through an inside-out, feminist theoretical approach that makes state security attainable. The research through empirical testing, drawing from several databases, shows the positive effects of women’s physical security on state security. Women’s physical security is defined in terms of equal legal practices, health, education, and female representation in the government. State security is measured by the relative peace of a state, its involvement in conflict and a state’s relations with neighboring states. This paper shows that empowering women, 50% of the world’s population, is necessary for ending the current vicious circle of militarization, war, and insecurity. Without undoing gender power dynamics at the individual and societal level, security at all levels remains unattainable.

Keywords: gender inequality, politics, state security, women's security

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Authors: Akbar Jamali

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Hegel is the first great political philosopher who specifically contemplates on bureaucracy. For Hegel bureaucracy is the function of the state. Since state, essentially is a rational organization, its function; namely, bureaucracy must be rational. Since, what is rational is universal; Hegel had to explain how the bureaucracy could be understood as universal. Hegel discusses bureaucracy in his treatment of ‘executive power’. He analyses modern bureaucracy as a form of political organization, its constituent members, and its relation to the social environment. Therefore, the essence of bureaucracy in Hegel’s philosophy is the implementation of law and rules. Hegel argues that unlike the other social classes that are particular because they look for their own private interest, bureaucracy as a class is a ‘universal’ because their orientation is the interest of the state. State for Hegel is essentially rational and universal. It is the actualization of ‘objective Spirit’. Marx criticizes Hegel’s argument on the universality of state and bureaucracy. For Marx state is equal to bureaucracy, it constitutes a social class that based on the interest of bourgeois class that dominates the society and exploits proletarian class. Therefore, the main disagreement between these political philosophers is: whether the state (bureaucracy) is universal or particular. Growing e-government in modern state as an important aspect of development leads us to contemplate on the particularity and universality of e-government. In this article, we will argue that e-government essentially is universal. E-government, in itself, is impartial; therefore, it cannot be particular. The development of e-government eliminates many side effects of the private, personal or particular interest of the individuals who work as bureaucracy. Finally, we will argue that more a state is developed more it is universal. Therefore, development of e-government makes the state a more universal and affects the modern philosophical debate on the particularity or universality of bureaucracy and state.

Keywords: particularity, universality, rational bureaucracy, impartiality

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Authors: Vinicius Marzall, Jussanã Milograna

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The urban drainwatering remains a major challenge for most of the Brazilian cities. Not so different of the most part, Goiania, a state capital located in Midwest of the country has few legislations about the subject matter and only one registered solution of compensative techniques for drainwater. This paper clam to show some solutions which are adopted in other Brazilian cities with consolidated legislation, suggesting technics about detention tanks in a building sit. This study analyzed and compared the legislation of Curitiba, Porto Alegre e Sao Paulo, with the actual legislation and politics of Goiania. After this, were created models with adopted data for dimensioning the size of detention tanks using the envelope curve method considering synthetic series for intense precipitations and building sits between 250 m² and 600 m², with an impermeabilization tax of 50%. The results showed great differences between the legislation of Goiania and the documentation of the others cities analyzed, like the number of techniques for drainwatering applied to the reality of the cities, educational actions to awareness the population about care the water courses and political management by having a specified funds for drainwater subjects, for example. Besides, the use of detention tank showed itself practicable, have seen that the occupation of the tank is minor than 3% of the building sit, whatever the size of the terrain, granting the exit flow to pre-occupational taxes in extreme rainfall events. Also, was developed a linear equation to measure the detention tank based in the size of the building sit in Goiania, making simpler the calculation and implementation for non-specialized people.

Keywords: clean technology, legislation, rainwater management, urban drainwater

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Authors: Asaiel Alohaly

Abstract:

A theoretical framework for corporate governance is needed to bridge the gap between the corporate governance of private companies and State-owned Enterprises (SOEs). The two dominant models, being shareholder and stakeholder, do not always address the specific requirements and challenges posed by ‘hybrid’ companies; namely, previously national bodies that have been privatised bffu t where the government retains significant control or holds a majority of shareholders. Thus, an exploratory theoretical study is needed to identify how ‘hybrid’ companies should be defined and why the state model should be acknowledged since it is the less conspicuous model in comparison with the shareholder and stakeholder models. This research focuses on ‘the state model of corporate governance to understand the complex ownership, control pattern, goals, and corporate governance of these hybrid companies. The significance of this research lies in the fact that there is a limited available publication on the state model. The outcomes of this research are as follows. It became evident that the state model exists in the ecosystem. However, corporate governance theories have not extensively covered this model. Though, there is a lot being said about it by OECD and the World Bank. In response to this gap between theories and industry practice, this research argues for the state model, which proceeds from an understanding of the institutionally embedded character of hybrid companies where the government is either a majority of the total shares or a controlling shareholder.

Keywords: corporate governance, control, shareholders, state model

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Authors: Deepak Raj Bhat, Ryuichi Yatabe

Abstract:

In this study, a residual-state creep failure model was developed based on the residual-state creep test results of clayey soils. To develop the proposed model, the regression analyses were done by using the R. The model results of the failure time (tf) and critical displacement (δc) were compared with experimental results and found in close agreements to each others. It is expected that the proposed regression model for residual-state creep failure will be more useful for the prediction of displacement of different clayey soils in the future.

Keywords: regression model, residual-state creep failure, displacement prediction, clayey soils

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Authors: Emeka Thaddues Njoku

Abstract:

Since 2009, the Nigerian Government has established diverse counter-terrorism legislations and practices in response terrorism in North Eastern part of the country. However, these measures have hampered not only the ability of civil society organizations to sustain the autonomous spaces that define/locate them at the intersection between the state and public but also the balance between freedom and security. Hence, this study examines the various elements associated with the interface between the counter terrorism security framework of the government and the capacity of civil society organizations to carry out their mandates in Nigeria. In order to achieve this, the survey research of the ex-post facto type will be adopted using the multi-stage sampling technique. A total of two hundred (200) copies of questionnaire will be administered to members of the civil society organizations and 24 In-Depth Interviews (IDI) will be conducted for officials of security agencies, Ministry of Defence and operators of civil society organizations. Fifty respondents will be drawn from each civil society organisations in the areas of humanitarian assistance, human rights Advocacy, development-oriented, peace-building. Moreover, 24 interviewees drawn from the key members of the security agencies (6), Ministry of Defence (6) and 12 operators of civil society organizations-three respondents each will represent the four civil society organizations mentioned above. Also, secondary data will be used to complement In-depth Interview (IDI) sessions. All collected data will be coded and analysed using descriptive statistics of frequency counts and simple percentage in the Statistical Package for Social Science (SPSS). Content analysis will be used for the In-depth interview and secondary data.

Keywords: counter-terrorism, civil society organizations, freedom, terrorism

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Authors: Siavash Ostovar

Abstract:

The Iranian national Law on the Ramsar Convention (officially known as the Convention of International Wetlands and Aquatic Birds' Habitat Wetlands) was approved by the Senate and became a law in 1974 after the ratification of the National Council. There are other national laws with the aim of preservation of environment in the country. However, Lake Urmia which is declared a wetland of international importance by the Ramsar Convention in 1971 and designated a UNESCO Biosphere Reserve in 1976 is now at the brink of total disappearance due mainly to the climate change, water mismanagement, dam construction, and agricultural deficiencies. Lake Urmia is located in the north western corner of Iran. It is the third largest salt water lake in the world and the largest lake in the Middle East. Locally, it is designated as a National Park. It is, indeed, a unique lake both nationally and internationally. This study investigated how effective the national legal regulation of the ecosystem of Lake Urmia is in Iran. To do so, the Iranian national laws as Enforcement of Ramsar Convention in the country including three nationally established laws of (i) Five sets of laws for the programme of economic, social and cultural development of Islamic Republic of Iran, (ii) The Iranian Penal Code, (iii) law of conservation, restoration and management of the country were investigated. Using black letter law methods, it was revealed that (i) regarding the national five sets of laws; the benchmark to force the implementation of the legislations and policies is not set clearly. In other words, there is no clear guarantee to enforce these legislations and policies at the time of deviation and violation; (ii) regarding the Penal Code, there is lack of determining the environmental crimes, determining appropriate penalties for the environmental crimes, implementing those penalties appropriately, monitoring and training programmes precisely; (iii) regarding the law of conservation, restoration and management, implementation of this regulation is adjourned to preparation, announcement and approval of several categories of enactments and guidelines. In fact, this study used a national environmental catastrophe caused by drying up of Lake Urmia as an excuse to direct the attention to the weaknesses of the existing national rules and regulations. Finally, as we all depend on the natural world for our survival, this study recommended further research on every environmental issue including the Lake Urmia.

Keywords: conservation, environmental law, Lake Urmia, national laws, Ramsar Convention, water management, wetlands

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Authors: Yustina Trihoni Nalesti Dewi

Abstract:

Gross violations of human rights consisting of crime against humanity, genocide and war crime, are serious international crimes. Prohibition such crimes have obtain to the level of international norms of jus cogens based on conventions and customary international law. Therefore, the duty of the state to punish the crimes is obligatory. The legal consequence of jus cogens is obligation erga omnes which are a matter of state responsibility. When a state is not willing or neglects to do so in its national law, it results in state responsibility to be imposed by international human rights and humanitarian law. This article reviews the concept of jus cogens and obligatio erga omnes that appear as two sides of the same coin. It also explains how international human rights and humanitarian law set down the duty of the state to punish gross violations of human rights.

Keywords: duty of states, gross violations of human rights, jus cogens, obligatio erga omnes

Procedia PDF Downloads 440