Search results for: international private law

Authors: Z. Baimagambetova, Zh. Sairambaeva

Abstract:

This article discusses the prospects of participation of the Republic of Kazakhstan in Hague Conference on Private International Law on the unification of collision law in the international trade. The article analyzes some conventions on international trade. The appropriate conclusions based on the opinions of scientists and experts in this field have been made. First, all issues presented in the form of gaps or spaces in conventions should be the subject to direct negotiations in the course of the activities of Hague Conference, and have a comprehensive feature, be transparent and taken under simplified procedure. Secondly, one should not underestimate the value of conventions that do not become active due to various reasons and having a positive impact on the development and improvement of national legislation and practice in the field of private international law. Thirdly, Kazakhstan has to reconsider its attitude to Hague Conference, having become its full member and aiming at providing constructive and fruitful cooperation with both the organization itself and its member states.

Keywords: Hague Conference on Private International Law, Hague Conventions, unification, collision norms, international trade, international private law, integration.

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Authors: Antonios Maniatis

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The main purpose of this paper is to determine the impact of both International Humanitarian Law and anti-piracy International Law on Constitutional Law. International Law is endowed with a rich set of norms on the protection of private individuals in armed conflicts and copes with the diachronic crime of maritime piracy, which may be considered as a private war in the high seas. Constitutional Law has been traditionally geared at two generations of fundamental rights. The paper will aim at answering the question “Which is the profile of 3G constitutional rights, particularly in the light of International Humanitarian Law?”

Keywords: Constitution, Humanitarian International Law, Piracy, 3G fundamental rights.

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Authors: Monika Florczak-Wątor

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The main purpose of this paper is to determine the applicability of the constitutional social rights in the so-called horizontal relations, i.e. the relations between private entities. Nowadays the constitutional rights are more and more often violated by private entities and not only by the state. The private entities interfere with the privacy of individuals, limit their freedom of expression or disturb their peaceful gatherings. International corporations subordinate individuals in a way which may limit their constitutional rights. These new realities determine the new role of the constitution in protecting human rights. The paper will aim at answering two important questions. Firstly, are the private entities obliged to respect the constitutional social rights of other private entities and can they be liable for violation of these rights? Secondly, how the constitutional social rights can receive horizontal effect? Answers to these questions will have a significant meaning for the popularisation of the practice of applying the Constitution among the citizens as well as for the courts which settle disputes between them.

Keywords: Constitution, horizontal application, private relations, social rights.

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Authors: Calin Veghes

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The concept of privacy, seen in connection to the consumer's private space and personalization, has recently gained a higher importance as a consequence of the increasing marketing efforts of the organizations based on the capturing, processing and usage of consumer-s personal data.Paper intends to provide a definition of the consumer-s private space based on the types of personal data the consumer is willing to disclose, to assess the attitude toward personalization and to identify the means preferred by consumers to control their personal data and defend their private space. Several implications generated through the definition of the consumer-s private space are identified and weighted from both the consumers- and organizations- perspectives.

Keywords: Consumer private space, personalization, privacy.

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Authors: Libena Cernohorska, Veronika Linhartova, Michal Sinka, Petr Teply

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The term private equity usually refers to any type of equity investment in an asset in which the equity is not freely tradable on a public stock market. Some researchers believe that private equity contributed to the extent of the crisis and increased the pace of its spread over the world. We do not agree with this. On the other hand, we argue that during the economic recession private equity might become an important source of funds for firms with special needs (e.g. for firms seeking buyout financing, venture capital, expansion capital or distress debt financing). However, over-regulation of private equity in both the European Union and the US can slow down this specific funding channel to the economy and deepen credit crunch during global crises.

Keywords: scredit lunch, distress debt, global crisis, private equity, regulation

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Authors: Xueqin Shan, Chuanming Wu, Wenhua Hou, Xiaosu Ye

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Successful public-private-partnership (PPP) implementation can not be achieved without the active participation of private sector companies. This paper examines the decision-making of private sector companies in public works delivered by the PPP model on the basis of social responsibility theory. It proposes that private sector companies should indentify objectives of entering into PPP projects, and shoulder relevant social responsibilities, while a minimum return should also be guaranteed in their favor, so as to compensate for their assumed risk and support them to take on responsibilities in the future. The paper also gives a calculation regarding the appropriate scale and reasonable degree of private sector involvement in PPP projects through the cost-benefit analysis in a specific case study, with the purpose to guide the private sector companies to create a cooperation environment resembling “symbiosis" and facilitate the smooth implementation of public works delivered by the PPP model.

Keywords: Social Responsibility Theory, Cost-benefit Analysis, PPP Projects, Private Sector Companies, Decision-making Modell

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Authors: Guanqun Shi, Xueqing Zhang

Abstract:

The frequent occurrence of failures in PPP projects which caused great loss has raised attention from the government as well as the concessionaire. PPPs are complex arrangements for its long operation period and multiple players. Many types of risks in PPP projects may cause the project fail. The insurance is an important tool to transfer the risks. Through a comparison and analysis of international government PPP guidelines and contracts as well as the case studies worldwide, we have identified eight main insurance principles, discussed thirteen insurance types in different stages. An overall procedure would be established to improve the practices in PPP projects.

Keywords: Public-private partnerships, insurance, contract, risk.

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Authors: Haitham A. Haloush

Abstract:

Debtors' imprisonment in Jordan is a problematic issue since it impinges upon required financial guarantees that are presumably offered by debtors on the one hand, and infringes flagrantly the International Covenant on Civil and Political Rights on the other hand. Jordan lacks regulatory provisions in this respect and debtors' imprisonment is indirectly exercised in Jordan without giving a special legal attention to this concern. From this perspective, this research reviews the available regulations, standard laws and codes of conduct that might guide the implementation of the International Covenant on Civil and Political Rights in the Jordanian context. Furthermore, this article will examine the suitability of the Jordanian legal system in providing sufficient protection for debtors. The author argues that there are serious obstacles in this aspect.

Keywords: The Jordanian Civil Code, the Jordanian Execution Law, imprisonment for debt, good faith, the Jordanian Constitution, the International Covenant on Civil and Political Rights.

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Authors: Paitoon Kraipornsak

Abstract:

Government spending is categorized into consumption spending and capital spending. Three categories of private consumption are used: food consumption, nonfood consumption, and services consumption. The estimated model indicates substitution effects of government consumption spending on budget shares of private nonfood consumption and of government capital spending on budget share of private food consumption. However, the results do not indicate whether the negative effects of changes in the budget shares of the nonfood and the food consumption equates to reduce total private consumption. The concept of aggregate demand comprising consumption, investment, government spending (consumption spending and capital spending), export, and import are used to estimate their relationship by using the Vector Error Correction Mechanism. The study found no effect of government capital spending on either the private consumption or the growth of GDP while the government consumption spending has negative effect on the growth of GDP.

Keywords: Complementary effect, government capital spending, government consumption spending, private consumption on food, nonfood, and services, substitution effect, vector error correction mechanism.

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Authors: Vanda Božić, Željko Nikač

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The wars and armed conflicts have often resulted in violations of international humanitarian law, and often commit the most serious international crimes such as war crimes, crimes against humanity, aggression and genocide. However, only in the XX century the rule was articulated idea of establishing a body of international criminal justice in order to prosecute these crimes and their perpetrators. The first steps in this field have been made by establishing the International military tribunals for war crimes at Nuremberg and Tokyo, and the formation of ad hoc tribunals for the former Yugoslavia and Rwanda. In the end, The International Criminal Court was established in Rome in 1998 with the aim of justice and in order to give satisfaction the victims of crimes and their families. The aim of the paper was to provide a historical and comparative analysis of the institutions of international criminal justice based on which these institutions de lege lata fulfilled the goals of individual criminal responsibility and justice. Furthermore, the authors suggest de lege ferenda that the Permanent International Criminal Tribunal, in addition to the prospective case, also takes over the current ICTY and ICTR cases.

Keywords: International crimes, international criminal justice, prosecution of crimes, Ad Hoc tribunal, the International Criminal Court.

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Authors: Sahar Sohrabi

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The emergence of Cloud data centers has revolutionized the IT industry. Private Clouds in specific provide Cloud services for certain group of customers/businesses. In a real-time private Cloud each task that is given to the system has a deadline that desirably should not be violated. Scheduling tasks in a real-time private CLoud determine the way available resources in the system are shared among incoming tasks. The aim of the scheduling policy is to optimize the system outcome which for a real-time private Cloud can include: energy consumption, deadline violation, execution time and the number of host switches. Different scheduling policies can be used for scheduling. Each lead to a sub-optimal outcome in a certain settings of the system. A Bayesian Scheduling strategy is proposed for scheduling to further improve the system outcome. The Bayesian strategy showed to outperform all selected policies. It also has the flexibility in dealing with complex pattern of incoming task and has the ability to adapt.

Keywords: Bayesian, cloud computing, real-time private cloud, scheduling.

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Authors: F. Zarrabi, J. R. Brown

Abstract:

Although English is not a second language in Iran, it has become an inseparable part of many Iranian people’s lives and is becoming more and more widespread. This high demand has caused a significant increase in the number of private English language institutes in Iran. Although English is a compulsory course in schools and universities, the majority of Iranian people are unable to communicate easily in English. This paper reviews the current state of teaching and learning English as an international language in Iran. Attitudes and motivations about learning English are reviewed. Five different aspects of using English within the country are analysed, including: English in public domain, English in Media, English in organizations/businesses, English in education, and English in private language institutes. Despite the time and money spent on English language courses in private language institutes, the majority of learners seem to forget what has been learned within months of completing their course. That is, when they are students with the support of the teacher and formal classes, they appear to make progress and use English more or less fluently. When this support is removed, their language skills either stagnant or regress. The findings of this study suggest that a dependant approach to learning is potentially one of the main reasons for English language learning problems and this is encouraged by English course books and approaches to teaching.

Keywords: English in Iran, English language learning, English language teaching, evaluation.

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Authors: Irena Palić

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The main objective of the research in this paper is to empirically assess the causal relationship of private savings and economic growth in the Republic of Croatia. Households’ savings are approximated by household deposits in banks, while domestic income is approximated by industrial production volume indices. Vector Autoregression model and Granger causality tests are used to in order to analyse the relationship among private savings and economic growth. Since ADF unit root tests have shown that both mentioned series are non stationary at levels, series are first differenced in order to become stationary. Therefore, VAR model is estimated with percentage change in private savings and percentage change in domestic income, which can be interpreted as economic growth in case of positive percentage change in domestic income. The Granger causality test has shown that there is no causal relationship among private savings and economic growth in Croatia. The impulse response functions have shown that the impact of shock in domestic income on private savings change is stronger than the impact of private saving on growth. Variance decompositions show that both economic growth and private saving change explain the largest part of its own forecast variance. The research has shown that the link between private savings economic and growth in Croatia is weak, what is in line with relevant empirical research in small open economies.

Keywords: Economic growth, Granger causality, innovation analysis, private savings, Vector Autoregression model.

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Authors: Samuel Carpintero

Abstract:

Public-private partnerships (PPP) arrangements have been extensively used in Canada, where the participation of private companies in financing and managing infrastructure projects has increased significantly in the last decade, particularly in the transportation sector. This paper analyses the evolution of the PPP market for transportation projects in Canada and examines the participation of Spanish developers in this market, which have been particularly successful in winning PPP contracts during the last decade.

Keywords: PPP, concession, infrastructure, construction.

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Authors: D. de Matías Batalla

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This paper develops and extended eclectic paradigm to fit the firm internationalization process with the real international business world. The approach is based on Dunning´s, introducing new concepts like mode of entry, international joint venture o international mergers and acquisitions. At the same time is presented a model to describe the Spanish international mergers and acquisitions in order to determinate the most important factor that influence in this type of foreign direct investment.

Keywords: Dunning, eclectic paradigm, foreign direct investment, IJV, international business, international management, multinational firms, firm internationalization process, M&A.

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Authors: Kateřina Struhařová

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The paper gives the evidence of quality of accounting information of Czech private companies. In general the private companies in the Czech Republic do not see the benefits of providing accounting information of high quality. Based on the research of financial statements of entrepreneurs and companies in Zlin region it was confirmed that the quality of accounting information differs among the private entities and that the major impact on the accounting information quality has the fact if the financial statements are audited as well as the size of the entity. Also the foreign shareholders and lenders have some impact on the accounting information quality.

Keywords: Accounting information quality, Financial Statements, Czech Republic.

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Authors: Chengxuan Geng, Haitao E, Yijie Jiang

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According to the theory of capital structure, this paper uses principal component analysis and linear regression analysis to study the relationship between the debt characteristics of the private listed companies in Jiangsu Province and their business performance. The results show that the average debt ratio of the 29 private listed companies selected from the sample is lower. And it is found that for the sample whose debt ratio is lower than 80%, its debt ratio is negatively related to corporate performance, while for the sample whose debt ratio is beyond 80%, the relationship of debt financing and enterprise performance shows the different trends. The conclusions reflect the drawbacks may exist that the debt ratio is relatively low and having not take full advantage of debt governance effect of the private listed companies in Jiangsu Province.

Keywords: private listed companies, debt financing, business performance

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Authors: Shu-Ning Liou

Abstract:

The main purpose of this study was to establish Professional Competency Contents for International Marketer in Taiwan. To establish these contents a set of interviews with international marketing managers and three rounds of Delphi Technique surveys were employed. Five international marketing managers were interviewed for discussions on definitions, framework, and items of international marketing competency. A questionnaire for the " Delphi Technique Survey " was developed based on the results acquired from the interviews. The resulting questionnaire was distributed to another group of 30 international marketer of trading companies in Taiwan. After three rounds of Delphi Technique Survey with these participants, the "Contents of Professional Competency for International Marketer " was established. Five dimensions and thirty indicators were identified. It is hoped that the proposed contents could be served as a self-evaluation tool for international marketer as well as the basis for staffing and training programs for international marketer in Taiwan.

Keywords: Professional competency, International marketer, Delphi technique

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Authors: Senian Malie, Oriah Akir

Abstract:

Malaysian corporations going global increased many folds. The shift from domestic to international operations requires increased expatriation to achieve global business goals. Therefore, this study aims to identify the determinants for success in expatriation of Malaysian international corporations. There are certain attributes necessary for a global employee to succeed in international assignment. Self-administered questionnaires were sent to 327 respondents with a response rate of 35.2 percent. The results indicated that most Malaysian manufacturers are involved in expatriation. For a global employee to succeed in an international assignment, the ability to work in international teams was identified and ranked as the most important factor in determining the effectiveness of expatriation followed by language proficiency, adaptability to the international assignment and expatriate sensitivity to cultural elements. The results support previous research with regard to the importance of an effective expatriation selection process in order for a company-s international expansion strategy to succeed.

Keywords: Key Competencies, Expatriate, Expatriation, Globalization, and International Assignment

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Authors: Paitoon Kraipornsak

Abstract:

The recent global financial problem urges government to play role in stimulating the economy due to the fact that private sector has little ability to purchase during the recession. A concerned question is whether the increased government spending crowds out private consumption and whether it helps stimulate the economy. If the government spending policy is effective; the private consumption is expected to increase and can compensate the recent extra government expense. In this study, the government spending is categorized into government consumption spending and government capital spending. The study firstly examines consumer consumption along the line with the demand function in microeconomic theory. Three categories of private consumption are used in the study. Those are food consumption, non food consumption, and services consumption. The dynamic Almost Ideal Demand System of the three categories of the private consumption is estimated using the Vector Error Correction Mechanism model. The estimated model indicates the substituting effects (negative impacts) of the government consumption spending on budget shares of private non food consumption and of the government capital spending on budget share of private food consumption, respectively. Nevertheless the result does not necessarily indicate whether the negative effects of changes in the budget shares of the non food and the food consumption means fallen total private consumption. Microeconomic consumer demand analysis clearly indicates changes in component structure of aggregate expenditure in the economy as a result of the government spending policy. The macroeconomic concept of aggregate demand comprising consumption, investment, government spending (the government consumption spending and the government capital spending), export, and import are used to estimate for their relationship using the Vector Error Correction Mechanism model. The macroeconomic study found no effect of the government capital spending on either the private consumption or the growth of GDP while the government consumption spending has negative effect on the growth of GDP. Therefore no crowding out effect of the government spending is found on the private consumption but it is ineffective and even inefficient expenditure as found reducing growth of the GDP in the context of Thailand.

Keywords: government consumption spending, governmentcapital spending, private consumption on food, non food, andservices, Vector Error Correction Mechanism, Almost Ideal DemandSystem, substitution effect, complementary effect, consumer demand, aggregate demand

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Authors: Phatthanan Chaiyabut

Abstract:

The aim for this research is to deliberately discuss how and why the contexts of culture are the main significant factors which need to be considered when conducting the international business oversea. As a consequence of understanding these various factors, the researcher would be able to infer some suggestions to the international organizations. With this in mind, the results of the understanding in a national culture environment can support the organizations to settle its international strategies which may be useful to develop the national export and import effectiveness. This data collecting methods will be concentrated upon 5-10 interviews from the senior members and business officers in the international company in Thailand by e-mail interview and analyses the individual manager’s viewpoint. As well as, focus on the questionnaires which the respondents were selected randomly around 100 samples from UK and Thailand, together with providing a functional sample size and comparable to data. The results of the study question the role of national culture, which contributed to in international business effectiveness and emphasize the positive and negative aspects, as well as suggestions to business investors are informed.

Keywords: Contexts of culture, International business effectiveness, International strategies, National Culture.

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Authors: A. S. Adelokun, O. O. Gambo, A. A. Adegboye

Abstract:

This study estimates the private cost of Humanities and Education programs in public universities in Osun state, Nigeria, as well as the private monetary returns to Humanities and Education programs in public universities in the state. It also estimates the private rates of return to Humanities and Education programmes in public universities in Osun state; with the view of providing information on the relative profitability of investments in Humanities and Education programs in public universities in Osun state. The study adopted a descriptive survey research design. The population for the study consisted of all Humanities and Education students from public universities in Osun State and all Humanities and Education graduates who are workers in Osun state establishments. The sample was made up of 600 students and 120 workers. The students were selected through simple random sampling technique from the two public universities in the state while the workers were purposively selected from Osun state establishments. These workers were graduates of Humanities and Education programs. The selected programs included Bachelor of Arts (B.A.) in English, Bachelor of Education (B.Ed.) in English, B.A. in Religious Studies, B.Ed. in Religious Studies, B.A. in Yoruba and B.Ed. in Yoruba. Two research instruments were used, namely: Private Costs of University Education Questionnaire (PCUEQ) and Age Education Earnings of Workers Questionnaire (AEEWQ). The data were analyzed using compounding and discount cash flow techniques. The results showed that the private costs of Humanities and Education programs in public universities in Osun state were N855,935.59 and N694,269.34 respectively. The private monetary returns to Humanities and Education programs in public universities in the State were N9,052,859.28 and N9,052,859.28, respectively. The private rates of return to Humanities and Education programmes in public universities in Osun state were 27.36% and 34.40% respectively. The study concluded that it was more profitable to invest in Education programs than in Humanities programs at public universities in Osun state, Nigeria.

Keywords: Rates of return, private cost, investment, education.

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Authors: Khadija Ali

Abstract:

Prosecution of sexual violence in international criminal law requires not only an understanding of the mechanisms employed to prosecute sexual violence but also a critical analysis of the factors facilitating perpetuation of such crimes in armed conflicts. The extrapolations laid out in this essay delve into the jurisprudence of international criminal law pertaining to sexual and gender based violence followed by the core question of this essay – has the entrenchment of sexual violence as international crimes in the Rome Statute been successful to address such violence in armed conflicts?

Keywords: Conflict, Gender, International Criminal Law Sexual Violence.

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Authors: Sahar Modirzadehbami, Gholamreza Mansourfar

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Different types of Islamic debts have been increasingly utilized as preferred means of debt funding by Malaysian private firms in recent years. This study examines the impact of Islamic debts announcement on private firms- stock returns. Our sample includes forty five listed companies on Bursa Malaysia involved in issuing of Islamic debts during 2005 to 2008. The abnormal returns and cumulative average abnormal returns are calculated and tested using standard event study methodology. The results show that a significant, negative abnormal return occurs one day before announcement date. This negative abnormal return is representing market participant-s adverse attitude toward Islamic private debt announcement during the research period.

Keywords: Announcement effect, Event study, Islamic debts, Malaysia, Sukuk

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Authors: Ana Bobirca, Paul-Gabriel Miclaus

Abstract:

International competitiveness receives much attention nowadays, but up to now its assessment has been heavily based on manufacturing industry statistics. This paper addresses the need for competitiveness indicators that cover the service sector and sets out a multilevel framework for measuring international services trade competitiveness. The approach undertaken here aims at comparatively examining the international competitiveness of the EU-25 (the twenty-five European Union member states before the 1st of January 2007), Romanian and Bulgarian services trade, as well as the last two countries- structure of specialization on the EU-25 services market. The primary changes in the international competitiveness of three major services sectors – transportation, travel and other services - are analyzed. This research attempts to determine the ability of the two recent European Union (EU) member states to contend with the challenges that might arise from the hard competition within the enlarged EU, in the field of services trade.

Keywords: Bulgaria, EU-25, international competitiveness, international services trade, Romania.

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Authors: Patrick T. I. Lam, Wenjing Yang

Abstract:

A smart city project embraces benefits and costs which can be classified under direct and indirect categories. Externalities come into the picture, but they are often difficult to quantify. Despite this barrier, policy makers need to carry out cost-benefit analysis to justify the huge investments needed to make a city smart. The recent trend is towards the engagement of the private sector to utilize their resources and expertise, especially in the Information and Communication Technology (ICT) areas, where innovations blossom. This study focuses on the identification of costs (on a life cycle basis) and benefits associated with smart city project developments based on a comprehensive literature review and case studies, where public-private partnerships would warrant consideration, the related costs and benefits are highlighted. The findings will be useful for policy makers of cities.

Keywords: Costs and benefits, identification, public-private partnerships, smart city projects.

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Authors: S. Carpintero, R. Barcham

Abstract:

Light rail systems have proliferated in Spain in the last decade, following a tendency that is common not only in other European countries but also in other parts of the world. This paper reviews the benefits of light rail systems, both related to environmental issues and mobility issues. It analyses the evolution of light rail projects in Spain and shows that light rail systems in this country have evolved towards an extensive use of public-private partnerships. The analysis of the Spanish projects, however, does not contribute any conclusive evidence about whether public-private partnerships have been more efficient than publicly owned enterprises in building and operating light rail systems.

Keywords: Light rail systems, public-private partnerships, BOT.

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Authors: Mary Panko, Rashika Sharma

Abstract:

Sustainability often appears to be an unfamiliar concept to many international students that enrol in a New Zealand technological degree. Lecturers’ experiences with classroom interactions and evaluation of assessments indicate that studying the concept enlightens and enhances international students understanding of sustainability. However, in most cases, even after studying sustainability in their degree programme, students are not given an opportunity to practice and apply this concept into their professions in their home countries. Therefore, using a qualitative approach, the academics conducted research to determine the change in international students understanding of sustainability before and after their enrolment in an Applied Technology degree. The research also aimed to evaluate if international students viewed sustainability of relevance to their professions and whether the students felt that they will be provided with an opportunity to apply their knowledge about sustainability in the industry. The findings of the research are presented in this paper.

Keywords: Education for sustainability, international students, vocational education.

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Authors: Maqbool Hussain Sial, Maaida Hussain Hashmi, Sofia Anwar

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The present research was focused to investigate the role of investment in the course of economic growth with reference to Pakistan. The study analyzed the role of the public and private investment and impact of the political and macroeconomic uncertainty on economic growth of Pakistan by using the vector autoregressive approach (VAR). In long-run both public and private investment showed a positive impact on economic growth but the growth was largely driven by private investment as compared to public investment. Government consumption expenditure, economic uncertainty and political instability hampered the economic growth of Pakistan. In short-run the private investment positively influences the growth but there was negative and insignificant effect of the public investment and government consumption expenditure on the growth. There was a positive relationship found between economic uncertainty (proxy for inflation) and GDP in short run.

Keywords: Investment, Government Consumption, Growth, Co-integration, Pakistan.

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Authors: Y. Wu

Abstract:

Today-s business has inevitably been set in the global supply chain management environment. International transportation has never played such an important role in the global supply chain network, because movement of shipments from one country to another tends to be more frequent than ever before. This paper studies international transportation problems experienced by an international transportation company. Because of the limited fleet capacity, the transportation company has to hire additional trucks from two countries in advance. However, customer-s shipment information is uncertain, and decisions have to be made before accurate information can be obtained. This paper proposes a stochastic mixed 0-1 programming model to solve the international transportation problems under uncertain demand. A series of experiments demonstrate the effectiveness of the proposed stochastic model.

Keywords: Global supply chain management, international transportation, stochastic programming.

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