Search results for: Collision of rights

Authors: Aleksandra Chiniaeva

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The following paper describes the activity of national and international parliamentary assemblies of the European region in protection and promotion of human rights. It may be said that parliamentarians have a “double mandate” — as members of the international assembly and of their respective national parliaments. In other words, parliamentarization at both international and national level provides a situation for parliamentarians, where they link people, national governments and international organizations. The paper is aimed towards demonstrating that the activity of the main international parliamentary assemblies of the European region have a real positive impact on the human rights situation in the European region. In addition, the paper describes the assemblies that include protection of human rights in their Agenda as one of the main subjects: the EP, the PACE, the OSCE PA and the IPA CIS. Co-operation activities such as joint election observation; participation in inter-parliamentary associations, such as the IPU; conclusion agreements allow assemblies to provide observation of human right situation in the states that are not members of the particular organization and as consequence make their impact broader.

Keywords: Human rights, International parliamentary assembly, IPU, EP, PACE, OSCE, IPA CIS, international election observation.

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Authors: M. Sivakumar, S. Saravanan

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The main function of Medium Access Control (MAC) is to share the channel efficiently between all nodes. In the real-time scenario, there will be certain amount of wastage in bandwidth due to back-off periods. More bandwidth will be wasted in idle state if the back-off period is very high and collision may occur if the back-off period is small. So, an optimization is needed for this problem. The main objective of the work is to reduce delay due to back-off period thereby reducing collision and increasing throughput. Here a method, called the virtual back-off algorithm (VBA) is used to optimize the back-off period and thereby it increases throughput and reduces collisions. The main idea is to optimize the number of transmission for every node. A counter is introduced at each node to implement this idea. Here counter value represents the sequence number. VBA is classified into two types VBA with counter sharing (VBA-CS) and VBA with no counter sharing (VBA-NCS). These two classifications of VBA are compared for various parameters. Simulation is done in NS-2 environment. The results obtained are found to be promising. 

Keywords: VBA, sequence number, counter, back-off period.

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Authors: Pearl K. Atuhaire, Sylvia Kaye

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While the need for equal access to civil, political as well as economic, social and cultural rights is clear under the international law, the adoption of the Convention on the Elimination of all forms of Discrimination against women in 1979 made this even clearer. Despite this positive progress, the abuse of refugee women's rights is one of the basic underlying root causes of their marginalisation and violence in their countries of asylum. This paper presents a critical review on the development of refugee women's rights at the international levels and national levels. It provides an array of scholarly literature on this issue and examines the measures taken by the international community to curb the problem of violence against women in their various provisions through the instruments set. It is cognizant of the fact that even if conflict affects both refugee women and men, the effects on women refugees are deep-reaching, due to the cultural strongholds they face. An important aspect of this paper is that it is conceptualised against the fact that refugee women face the problem of sexual and gender based first as refugees and second as women, yet, their rights are stumbled upon. Often times they have been rendered "worthless victims" who are only in need of humanitarian assistance than active participants committed to change their plight through their participation in political, economic and social participation in their societies. Scholars have taken notice of the fact that women's rights in refugee settings have been marginalized and call for a need to incorporate their perspectives in the planning and management of refugee settings in which they live. Underpinning this discussion is feminism theory which gives a clear understanding of the root cause of refugee women's problems. Finally, this paper suggests that these policies should be translated into action at local, national international and regional levels to ensure sustainable peace.

Keywords: Feminism theory, human rights, refugee women, sexual and gender based violence.

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Authors: Yong-Gyu Lee, Jin-Hee Park, Gilwon Yoon

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In this study, we introduced a communication system where human body was used as medium through which data were transferred. Multiple biosignal sensing units were attached to a subject and wireless personal area network was formed. Data of the sensing units were shared among them. We used wideband pulse communication that was simple, low-power consuming and high data rated. Each unit functioned as independent communication device or node. A method of channel search and communication among the modes was developed. A protocol of carrier sense multiple access/collision detect was implemented in order to avoid data collision or interferences. Biosignal sensing units should be located at different locations due to the nature of biosignal origin. Our research provided a flexibility of collecting data without using electrical wires. More non-constrained measurement was accomplished which was more suitable for u-Health monitoring.

Keywords: Human body communication, wideband pulse communication, personal area network, biosignal.

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Authors: Aleksandar Savanović

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In this paper, we will analyze the relationship between the neo-liberal concept of property rights and redistribution policy. This issue is back in the focus of interest due to the crisis 2008. The crisis has reaffirmed the influence of the state on the free-market processes. The interference of the state with property relations reopened a classical question: is it legitimate to redistribute resources of a man in favor of another man with taxes? The dominant view is that the neoliberal philosophy of natural rights is incompatible with redistributive measures. In principle, this view can be accepted. However, when we look into the details of the theory of natural rights proposed by some coryphaei of neoliberal philosophy, such as Hayek, Nozick, Buchanan and Rothbard, we can see that it is not such an unequivocal view. 

Keywords: Economic neoliberalism, natural law, property, redistribution

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Authors: Trina Isabel D. Santiago, Daniel C. Chua, Jumee F. Tayaban, Joseph Daniel S. Timbol, Joshua M. Yanes

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Numerous instances of human rights violations on healthcare workers have been reported during the COVID-19 pandemic in the Philippines. This paper aims to explore these civil and political rights violations and propose recommendations to address these. Our review shows that a wide range of civic and political human rights violations have been committed by individual citizens and government agencies on individual healthcare workers and health worker groups. These violations include discrimination, red-tagging, evictions, illegal arrests, and acts of violence ranging from chemical attacks to homicide. If left unchecked, these issues, compounded by the pandemic, may lead to the exacerbations of the pre-existing problems of the Philippine healthcare system. Despite all pre-existing reports by human rights groups and public media articles, there still seems to be a lack of government action to condemn and prevent these violations. The existence of government agencies which directly contribute to these violations with the lack of condemnation from other agencies further propagate the problem. Given these issues, this policy brief recommends the establishment of an interagency task force for the protection of human rights of healthcare workers as well as the expedited passing of current legislative bills towards the same goal. For more immediate action, we call for the establishment of a dedicated hotline for these incidents with adequate appointment and training of point persons, construction of clear guidelines, and closer collaboration between government agencies in being united against these issues.

Keywords: COVID-19 pandemic, healthcare workers, human rights violations, Philippines.

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Authors: Bibhya Sharma, Jito Vanualailai, Jai Raj

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In this paper, we propose a solution to the motion planning and control problem for a swarm of three-dimensional boids. The swarm exhibit collective emergent behaviors within the vicinity of the workspace. The capability of biological systems to autonomously maneuver, track and pursue evasive targets in a cluttered environment is vastly superior to any engineered system. It is considered an emergent behavior arising from simple rules that are followed by individuals and may not involve any central coordination. A generalized, yet scalable algorithm for attraction to the centroid and inter-individual swarm avoidance is proposed. We present a set of new continuous time-invariant velocity control laws, formulated via the Lyapunov-based control scheme for target attraction and collision avoidance. The controllers provide a collision-free trajectory. The control laws proposed in this paper also ensures practical stability of the system. The effectiveness of the control laws is demonstrated via computer simulations.

Keywords: Swarm, Practical stability, Motion planning.

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Authors: Ali Akbar

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The importance of advancing women’s rights is closely intertwined with the development of civil society and the institutionalization of democracy in Middle Eastern countries. There is indeed an intimate relationship between the process of democratization and promoting gender equality, since democracy necessitates equality between men and women. In order to advance the issue of gender equality, what is required is a solid theoretical framework which has its roots in the reexamination of pre-modern interpretation of certain Qurʾānic passages that seem to have given men more rights than it gives women. This paper suggests that those Muslim scholars who adopt a contextualist approach to the Qurʾānic text and its interpretation provide a solid theoretical background for improving women’s rights. Indeed, the aim of the paper is to discuss how the contextualist approach to the Qurʾānic text and its interpretation given by a number of prominent scholars is capable of promoting the issue of gender equality. The paper concludes that since (1) much of the gender inequality found in the primary sources of Islam as well as pre-modern Muslim writings is rooted in the natural cultural norms and standards of early Islamic societies and (2) since the context of today’s world is so different from that of the pre-modern era, the proposed models provide a solid theoretical framework for promoting women’s rights and gender equality.

Keywords: Contextualism, Gender equality, Islam, Women’s rights.

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Authors: Ding Jue, Li Jiahua, Lei Zhidi, Weng Peifen, Li Xiaowei

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With the rapid development of national modern industry, people begin to pay attention to environmental pollution and harm caused by industrial dust. Based on above, a numerical study on the dedusting technology of industrial environment was conducted. The dynamic models of multicomponent particles collision and coagulation, breakage and deposition are developed, and the interaction of water droplet and aerosol particle in 2-Dimension flow field was researched by Eulerian-Lagrangian method and Multi-Monte Carlo method. The effects of the droplet scale, movement speed of droplet and the flow field structure on scavenging efficiency were analyzed. The results show that under the certain condition, 30μm of droplet has the best scavenging efficiency. At the initial speed 1m/s of droplets, droplets and aerosol particles have more time to interact, so it has a better scavenging efficiency for the particle.

Keywords: Water droplet, aerosol particle, collision and coagulation, multi-Monte Carlo method.

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Authors: Wookyung Baik, Seungchan Lee, Choongmin Jeong, Siwoo Kim, Myungwon Suh

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Development of motor car safety devices has reduced fatality rates in car accidents. Yet despite this increase in car safety, neck injuries resulting from rear impact collisions, particularly at low speed, remain a primary concern. In this study, FEA(Finite Element Analysis) of seat was performed to evaluate neck injuries in rear impact. And the FEA result was verified by comparison with the actual test results. The dummy used in FE model and actual test is BioRID II which is regarded suitable for rear impact collision analysis. A threshold of the BioRID II neck injury indicators was also proposed to upgrade seat performance in order to reduce whiplash injury. To optimize the seat for a low-speed rear impact collision, a method was proposed, which is multi-objective optimization idea using DOE (Design of Experiments) results.

Keywords: Whiplash injury, Dynamic assessment, Finite element method, Optimization, DOE (Design of Experiments), WSM (Weighed Sum Method).

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Authors: María José Benítez Jiménez

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Article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (E.C.H.R.) proclaims that no one may be subjected to torture, punishment or degrading treatment. The legislative correlate in Spain is embodied in Article 15 of the Spanish Constitution, and there must be an overlapping interpretation of both precepts on the ideal plane. While it is true that there are not many cases in which the European Court of Human Rights (E.C.t.H.R. (The Strasbourg Court)) has sanctioned Spain for its failure to investigate complaints of torture, it must be emphasized that the tendency to violate Article 3 of the Convention appears to be on the rise, being necessary to know possible factors that may be affecting it. This paper addresses the analysis of sentences that directly or indirectly reveal the violation of Article 3 of the European Convention. To carry out the analysis, sentences of the Strasbourg Court have been consulted from 2012 to 2016, being able to address any previous sentences to this period if it provided justified information necessary for the study. After the review it becomes clear that there are two key groups of subjects that request a response to the Strasbourg Court on the understanding that they have been tortured or degradingly treated. These are: immigrants and terrorists. Both phenomena, immigration and terrorism, respond to patterns that have mutated in recent years, and it is important for this study to know if national regulations begin to be dysfunctional.

Keywords: European convention for the protection of human rights and fundamental freedoms, European Court of Human Rights, sentences, Spanish Constitution, torture.

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Authors: Daehyoung Kim, Pervez Khan, Hoon Kim

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Efficient utilization of spectrum resources is a fundamental issue of wireless communications due to its scarcity. To improve the efficiency of spectrum utilization, the spectrum sharing for unlicensed bands is being regarded as one of key technologies in the next generation wireless networks. A number of schemes such as Listen-Before-Talk(LBT) and carrier sensor adaptive transmission (CSAT) have been suggested from this aspect, but more efficient sharing schemes are required for improving spectrum utilization efficiency. This work considers an opportunistic transmission approach and a dynamic Contention Window (CW) adjustment scheme for LTE-U users sharing the unlicensed spectrum with Wi-Fi, in order to enhance the overall system throughput. The decision criteria for the dynamic adjustment of CW are based on the collision evaluation, derived from the collision probability of the system. The overall performance can be improved due to the adaptive adjustment of the CW. Simulation results show that our proposed scheme outperforms the Distributed Coordination Function (DCF) mechanism of IEEE 802.11 MAC.

Keywords: Spectrum sharing, adaptive opportunistic transmission, unlicensed bands, heterogeneous networks.

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Authors: Anindya Roy, Goutam Saha

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Rapid progress in audio compression technology has contributed to the explosive growth of music available in digital form today. In a reversal of ideas, this work makes use of a recently proposed efficient audio compression scheme to develop three important applications in the context of Music Information Retrieval (MIR) for the effective manipulation of large music databases, namely automatic music recommendation (AMR), digital rights management (DRM) and audio finger-printing for song identification. The performance of these three applications has been evaluated with respect to a database of songs collected from a diverse set of genres.

Keywords: Audio compression, Music Information Retrieval, Digital Rights Management, Audio Fingerprinting.

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Authors: Min Kyung An

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In this paper, we study the data collection problem in Wireless Sensor Networks (WSNs) adopting the two interference models: The graph model and the more realistic physical interference model known as Signal-to-Interference-Noise-Ratio (SINR). The main issue of the problem is to compute schedules with the minimum number of timeslots, that is, to compute the minimum latency schedules, such that data from every node can be collected without any collision or interference to a sink node. While existing works studied the problem with unit-sized and unbounded-sized message models, we investigate the problem with the bounded-sized message model, and introduce a constant factor approximation algorithm. To the best known of our knowledge, our result is the first result of the data collection problem with bounded-sized model in both interference models.

Keywords: Data collection, collision-free, interference-free, physical interference model, SINR, approximation, bounded-sized message model, wireless sensor networks, WSN.

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Authors: Emad S. Abouel Nasr, Abdulaziz M. El-Tamimi, Mustufa H. Abidi, Abdulrahman M. Al-Ahmari

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Virtual Assembly (VA) is one of the key technologies in advanced manufacturing field. It is a promising application of virtual reality in design and manufacturing field. It has drawn much interest from industries and research institutes in the last two decades. This paper describes a process for integrating an interactive Virtual Reality-based assembly simulation of a digital mockup with the CAD/CAM infrastructure. The necessary hardware and software preconditions for the process are explained so that it can easily be adopted by non VR experts. The article outlines how assembly simulation can improve the CAD/CAM procedures and structures; how CAD model preparations have to be carried out and which virtual environment requirements have to be fulfilled. The issue of data transfer is also explained in the paper. The other challenges and requirements like anti-aliasing and collision detection have also been explained. Finally, a VA simulation has been carried out for a ball valve assembly and a car door assembly with the help of Vizard virtual reality toolkit in a semi-immersive environment and their performance analysis has been done on different workstations to evaluate the importance of graphical processing unit (GPU) in the field of VA.

Keywords: Collision Detection, Graphical Processing Unit (GPU), Virtual Reality (VR), Virtual Assembly (VA).

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Authors: P. K. Panigrahi, Saradindu Ghosh, Dayal R. Parhi

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Now-a-days autonomous mobile robots have found applications in diverse fields. An autonomous robot system must be able to behave in an intelligent manner to deal with complex and changing environment. This work proposes the performance of path planning and navigation of autonomous mobile robot using Gravitational Search Algorithm (GSA), Simulated Annealing (SA) and Particle Swarm optimization (PSO) based intelligent controllers in an unstructured environment. The approach not only finds a valid collision free path but also optimal one. The main aim of the work is to minimize the length of the path and duration of travel from a starting point to a target while moving in an unknown environment with obstacles without collision. Finally, a comparison is made between the three controllers, it is found that the path length and time duration made by the robot using GSA is better than SA and PSO based controllers for the same work.

Keywords: Autonomous Mobile Robot, Gravitational Search Algorithm, Particle Swarm Optimization, Simulated Annealing Algorithm.

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Authors: Min Li, Tao Li

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This paper constructs a four factors theoretical model of Chinese small and medium enterprises based on the “cartoon characters- reputation - enterprise marketing and management capabilities – protection of the cartoon image - institutional environment" by literature research, case studies and investigation. The empirical study show that the greatest impact on current merchandising rights income is the institutional environment friendliness, followed by marketing and management capabilities, input of character image protection and Cartoon characters- reputation through the real-time grey relational analysis, and the greatest impact on post-merchandising rights profit is Cartoon characters reputation, followed by the institutional environment friendliness, then marketing and management ability and input of character image protection through the time-delay grey relational analysis.

Keywords: Cartoon characters, merchandising rights, influencefactors, grey relational analysis

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Authors: Naeem Ullah Khan, Kalsoom Khan

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No state can be progressive and prosperous in which a large number of people is deprived of their basic economic rights and freedoms. In the contemporary world of globalization, the right to development has gained a momentum force in the domain of International Development Law (IDL) and has integrated into the National Legal System (NLS) of the major developed states. The international experts on human rights argued that the right to development (RTD) is called a third-generation human right which tends to enhance the welfare and prosperity of individuals, and thus, it is a right to a process whose outcomes are human rights despite the controversy on the implications of RTD. In the Pakistan legal system, the RTD has not been expressly stated in the constitution of the Islamic Republic of Pakistan, 1973. However, there are some implied constitutional provisions which reflect the concept of RTD. The jurisprudence on RTD is still an evolving paradigm in the contextual perspective of Pakistan, and the superior court of diverse jurisdiction acts as a catalyst regarding the protection and enforcement of RTD in the interest of the public at large. However, the case law explores the positive inclination of the courts in Pakistan on RTD be incorporated as an express provision in the chapters of fundamental rights; in this scenario, the high court’s of Pakistan under Article 199 and the supreme court of Pakistan under Article 184(3) have exercised jurisdiction on the enforcement of RTD. This paper inter-alia examines the national dimensions of RTD from the standpoint of state practice in Pakistan and it analyzes the experience of judiciary in the protection and enforcement of RTD. Moreover, the paper highlights the social and cultural challenges to Pakistan in the implementation of RTD and possible solution to improve the conditions of human rights in Pakistan. This paper will also highlight the steps taken by Pakistan regarding the awareness, incorporation, and propagation of RTD at the national level.

Keywords: Globalization, Pakistan, RTD, third-generation right.

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Authors: C. Hipp

Abstract:

The EU Regulation (EC) No 261/2004 under which air passengers can claim compensation in the event of denied boarding, cancellation or long delay of flights has to be regarded as a substantial progress for the consumer protection in the field of air transport since it went into force in February 2005. Nevertheless, different reviews of its effective functioning demonstrate that most passengers affected by service disruptions do not enforce their complaints and claims towards the airline. The main cause of this is not only the unclear legal situation due to the fact that the regulation itself suffers from many undetermined terms and loopholes it is also attributable to the strategy of the airlines which do not handle the complaints of the passengers or exclude their duty to compensate them. Economically contemplated, reasons like the long duration of a trial and the cost risk in relation to the amount of compensation make it comprehensible that passengers are deterred from enforcing their rights by filing a lawsuit. The paper focusses on the alternative dispute resolution namely the recently established conciliation bodies which deal with air passenger rights. In this paper, the Conciliation Body for Public Transport in Germany (Schlichtungsstelle für den öffentlichen Personenverkehr – SÖP) is examined as a successful example of independent consumer arbitration service. It was founded in 2009 and deals with complaints in the field of air passenger rights since November 2013. According to the current situation one has to admit that due to its structure and operation it meets on the one hand the needs of the airlines by giving them an efficient tool of their customer relation management and on the other hand that it contributes to the enforcement of air passenger rights effectively.

Keywords: Air passenger rights, alternative dispute resolution (ADR), consumer protection, EU law regulation (EC) No 261/2004.

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Authors: Haitham A. Haloush

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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: Amira Elsonbaty, Rawya Rizk, Mohamed Elksas, Mofreh Salem

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In this paper, a Cooperative Multi-robot for Carrying Targets (CMCT) algorithm is proposed. The multi-robot team consists of three robots, one is a supervisor and the others are workers for carrying boxes in a store of 100×100 m2. Each robot has a self recharging mechanism. The CMCT minimizes robot-s worked time for carrying many boxes during day by working in parallel. That is, the supervisor detects the required variables in the same time another robots work with previous variables. It works with straightforward mechanical models by using simple cosine laws. It detects the robot-s shortest path for reaching the target position avoiding obstacles by using a proposed CMCT path planning (CMCT-PP) algorithm. It prevents the collision between robots during moving. The robots interact in an ad hoc wireless network. Simulation results show that the proposed system that consists of CMCT algorithm and its accomplished CMCT-PP algorithm achieves a high improvement in time and distance while performing the required tasks over the already existed algorithms.

Keywords: Ad hoc network, Computer vision based positioning, Dynamic collision avoidance, Multi-robot, Path planning algorithms, Self recharging.

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Authors: Joseph Zernik

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Validity, integrity, and impacts of the IT systems of the US federal courts have been studied as part of the Human Rights Alert-NGO (HRA) submission for the 2015 Universal Periodic Review (UPR) of human rights in the United States by the Human Rights Council (HRC) of the United Nations (UN). The current report includes overview of IT system analysis, data-mining and case studies. System analysis and data-mining show: Development and implementation with no lawful authority, servers of unverified identity, invalidity in implementation of electronic signatures, authentication instruments and procedures, authorities and permissions; discrimination in access against the public and unrepresented (pro se) parties and in favor of attorneys; widespread publication of invalid judicial records and dockets, leading to their false representation and false enforcement. A series of case studies documents the impacts on individuals' human rights, on banking regulation, and on international matters. Significance is discussed in the context of various media and expert reports, which opine unprecedented corruption of the US justice system today, and which question, whether the US Constitution was in fact suspended. Similar findings were previously reported in IT systems of the State of California and the State of Israel, which were incorporated, subject to professional HRC staff review, into the UN UPR reports (2010 and 2013). Solutions are proposed, based on the principles of publicity of the law and the separation of power: Reliance on US IT and legal experts under accountability to the legislative branch, enhancing transparency, ongoing vigilance by human rights and internet activists. IT experts should assume more prominent civic duties in the safeguard of civil society in our era.

Keywords: E-justice, federal courts, United States, human rights, banking regulation.

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Authors: A. N. Dagang, E. I. Ismail, Z. Zakaria

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This paper presents the analysis on the performance of monopole antenna with fluorescent tubes. In this research, the simulation and experimental approach is conducted. The fluorescent tube with different length and size is designed using Computer Simulation Technology (CST) software and the characteristics of antenna parameter are simulated throughout the software. CST was used to simulate antenna parameters such as return loss, resonant frequency, gain and directivity. Vector Network Analyzer (VNA) was used to measure the return loss of plasma antenna in order to validate the simulation results. In the simulation and experiment, the supply frequency is set starting from 1 GHz to 10 GHz. The results show that the return loss of plasma antenna changes when size of fluorescent tubes is varied, correspond to the different plasma properties. It shows that different values of plasma properties such as plasma frequency and collision frequency gives difference result of return loss, gain and directivity. For the gain, the values range from 2.14 dB to 2.36 dB. The return loss of plasma antenna offers higher value range from -22.187 dB to -32.903 dB. The higher the values of plasma frequency and collision frequency, the higher return loss can be obtained. The values obtained are comparative to the conventional type of metal antenna.

Keywords: Plasma antenna, fluorescent tube, computer simulation technology, plasma parameters.

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Authors: Zhanna Mingaleva, Irina Mirskikh

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Part IV of the Civil Code of the Russian Federation dedicated to legal regulation of Intellectual property rights came into force in 2008. It is a first attempt of codification in Intellectual property sphere in Russia. That is why a lot of new norms appeared. The main problem of the Russian Civil Code (part IV) is that many rules (norms of Law) contradict the norms of International Intellectual property Law (i.e. protection of inventions, creations, ideas, know-how, trade secrets, innovations). Intellectual property rights protect innovations and creations and reward innovative and creative activity. Intellectual property rights are international in character and in that respect they fit in rather well with the economic reality of the global economy. Inventors prefer not to take out a patent for inventions because it is a very difficult procedure, it takes a lot of time and is very expensive. That-s why they try to protect their inventions as ideas, know-how, confidential information. An idea is the main element of any object of Intellectual property (creation, invention, innovation, know-how, etc.). But ideas are not protected by Civil Code of Russian Federation. The aim of the paper is to reveal the main problems of legal regulation of Intellectual property in Russia and to suggest possible solutions. The authors of this paper have raised these essential issues through different activities. Through the panel survey, questionnaires which were spread among the participants of intellectual activities the main problems of implementation of innovations, protecting of the ideas and know-how were identified. The implementation of research results will help to solve economic and legal problems of innovations, transfer of innovations and intellectual property.1

Keywords: Innovation activities, intellectual property rights, know-how, patents, indicators of innovation activities

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Authors: D. Sufi Ahmadi, B. Bagheri

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Thermal water hammer is a special type of water hammer which rarely occurs in heat exchangers. In biphasic fluids, if steam bubbles are surrounded by condensate, regarding lower condensate temperature than steam, they will suddenly collapse. As a result, the vacuum caused by an extreme change in volume lead to movement of the condensates in all directions and their collision the force produced by this collision leads to a severe stress in the pipe wall. This phenomenon is a special type of water hammer. According to fluid mechanics, this phenomenon is a particular type of transient flows during which abrupt change of fluid leads to sudden pressure change inside the tube. In this paper, the mechanism of abrupt failure of 80 tubes of 481 tubes of a methanol heat exchanger is discussed. Initially, due to excessive temperature differences between heat transfer fluids and simultaneous failure of 80 tubes, thermal shock was presupposed as the reason of failure. Deeper investigation on cross-section of failed tubes showed that failure was, ductile type of failure, so the first hypothesis was rejected. Further analysis and more accurate experiments revealed that failure of tubes caused by thermal water hammer. Finally, the causes of thermal water hammer and various solutions to avoid such mechanism are discussed.

Keywords: Thermal water hammer, Brittle Failure, Condensate thermal shock

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Authors: M. Hamad Hassan, S.A.M. Gilani

Abstract:

In this paper, a novel scheme is proposed for Ownership Identification and Color Image Authentication by deploying Cryptography & Digital Watermarking. The color image is first transformed from RGB to YST color space exclusively designed for watermarking. Followed by color space transformation, each channel is divided into 4×4 non-overlapping blocks with selection of central 2×2 sub-blocks. Depending upon the channel selected two to three LSBs of each central 2×2 sub-block are set to zero to hold the ownership, authentication and recovery information. The size & position of sub-block is important for correct localization, enhanced security & fast computation. As YS ÔèÑ T so it is suitable to embed the recovery information apart from the ownership and authentication information, therefore 4×4 block of T channel along with ownership information is then deployed by SHA160 to compute the content based hash that is unique and invulnerable to birthday attack or hash collision instead of using MD5 that may raise the condition i.e. H(m)=H(m'). For recovery, intensity mean of 4x4 block of each channel is computed and encoded upto eight bits. For watermark embedding, key based mapping of blocks is performed using 2DTorus Automorphism. Our scheme is oblivious, generates highly imperceptible images with correct localization of tampering within reasonable time and has the ability to recover the original work with probability of near one.

Keywords: Hash Collision, LSB, MD5, PSNR, SHA160

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Authors: Norraihan Zakaria, Abdul Rahman Othman

Abstract:

Political blogs are one of the pivotal alternative communication channels for political news in Malaysia. Many have argued that the mushrooming of political blogs nurtures the effective realization of human rights in the country. The paper studies the ‘Malaysian political blog readers–human rights’ relationship by exploring these questions: Has traditional mainstream media become obsolete with the rise of political blogosphere? Why do blog readers visit political blogs? A survey was conducted and the findings revealed that traditional mainstream media is still a pertinent source for political news in the country. Apart from acquiring the latest political updates quickly and at anytime, blog readers compare the news published in political blogs with the ones reported in traditional mainstream media. This suggests that freedom of information is deemed as one of the prime motives for Malaysian blog readers clinging to political blogosphere.

Keywords: Freedom of information, Human rights, Malaysian political blog readers, Malaysian political blogosphere.

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Authors: M. G. Cattaneo

Abstract:

The non-effectiveness of certain codified human rights is particularly apparent with reference to the lack of access to essential drugs in developing countries, which represents a breach of the human right to receive adequate health assistance. This paper underlines the conflict and the legal contradictions between human rights, namely health rights, international Intellectual Property Rights, in particular patent law, as well as international trade law. The paper discusses the crucial links between R&D costs for innovation, patents and new medical drugs, with the goal of reformulating the hierarchies of priorities and of interests at stake in the international intellectual property (IP) law system. Different from what happens today, International patent law should be a legal instrument apt at rebalancing an axiological asymmetry between the (conflicting) needs at stake The core argument in the paper is the proposal of an alternative pathway, namely a feasible proposal for a patent law reform. IP laws tend to balance the benefits deriving from innovation with the costs of the provided monopoly, but since developing countries and industrialized countries are in completely different political and economic situations, it is necessary to (re)modulate such exchange according to the different needs. Based on this critical analysis, the paper puts forward a proposal, called Trading Time for Space (TTS), whereby a longer time for patent exclusive life in western countries (Time) is offered to the patent holder company, in exchange for the latter selling the medical drug at cost price in developing countries (Space). Accordingly, pharmaceutical companies should sell drugs in developing countries at the cost price, or alternatively grant a free license for the sale in such countries, without any royalties or fees. However, such social service shall be duly compensated. Therefore, the consideration for such a service shall be an extension of the temporal duration of the patent’s exclusive in the country of origin that will compensate the reduced profits caused by the supply at the price cost in developing countries.

Keywords: Global health, global justice, patent law reform, access to drugs.

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Authors: Francis Jegede

Abstract:

This paper examines essential issues relating to the rise and nature of violent extremism involving non-state actors and groups in the early 21^st century. The global trends in terrorism and violent extremism are examined in relation to Western governments’ counter terror operations. The paper analyses the existing legal framework for fighting violent extremism and terrorism and highlights the inherent limitations of the current International Law of War in dealing with the growing challenges posed by terrorists and violent extremist groups. The paper discusses how terrorist groups use civilians, women and children as tools and weapon of war to fuel their campaign of terror and suggests ways in which the international community could deal with the challenge of fighting terrorist groups without putting civilians, women and children in harm way. The paper emphasises the need to uphold human rights values and respect for the law of war in our response to global terrorism. The paper poses the question as to whether the current legal framework for dealing with terrorist groups is sufficient without contravening the essential provisions and ethos of the International Law of War and Human Rights. While the paper explains how terrorist groups flagrantly disregard the rule of law and disrespect human rights in their campaign of terror, it also notes instances in which the current Western strategy in fighting terrorism may be viewed or considered as conflicting with human rights and international law.

Keywords: Terrorism, law of war, international law, violent extremism.

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Authors: Triyanto, Rima Vien Permata Hartanto

Abstract:

Indonesia is a legal state. The consequence of this status is the recognition and protection of the existence of indigenous peoples. This paper aims to describe the dynamics of legal recognition and protection for indigenous peoples within the framework of Indonesian law. This paper is library research based on literature. The result states that although the constitution has normatively recognized the existence of indigenous peoples and their traditional rights, in reality, not all rights were recognized and protected. The protection and recognition for indigenous people need to be strengthened.

Keywords: Indigenous peoples, customary law, state law, state of law.

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