Search results for: legal discrepancies.

Authors: Nadine Ali Hassan, Ngoc Son Nguyen, Didier Marot, Fateh Bendahmane

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This paper aims at presenting a study of the effect of scalping methods on the mechanical properties of coarse soils by resorting to numerical simulations based on the discrete element method (DEM) and experimental triaxial tests. Two reconstitution methods are used, designated as scalping method and substitution method. Triaxial compression tests are first simulated on a granular materials with a grap graded particle size distribution by using the DEM. We study the effect of these reconstitution methods on the stress-strain behavior of coarse soils with different fine contents and with different ways to control the densities of the scalped and substituted materials. Experimental triaxial tests are performed on original mixtures of sands and gravels with different fine contents and on their corresponding scalped and substituted samples. Numerical results are qualitatively compared to experimental ones. Agreements and discrepancies between these results are also discussed.

Keywords: Coarse soils, scalping, substitution, discrete element method, triaxial test.

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Authors: Francis Jegede

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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: Ágnes Vathy-Fogarassy, Balázs Feil, János Abonyi

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Most of fuzzy clustering algorithms have some discrepancies, e.g. they are not able to detect clusters with convex shapes, the number of the clusters should be a priori known, they suffer from numerical problems, like sensitiveness to the initialization, etc. This paper studies the synergistic combination of the hierarchical and graph theoretic minimal spanning tree based clustering algorithm with the partitional Gath-Geva fuzzy clustering algorithm. The aim of this hybridization is to increase the robustness and consistency of the clustering results and to decrease the number of the heuristically defined parameters of these algorithms to decrease the influence of the user on the clustering results. For the analysis of the resulted fuzzy clusters a new fuzzy similarity measure based tool has been presented. The calculated similarities of the clusters can be used for the hierarchical clustering of the resulted fuzzy clusters, which information is useful for cluster merging and for the visualization of the clustering results. As the examples used for the illustration of the operation of the new algorithm will show, the proposed algorithm can detect clusters from data with arbitrary shape and does not suffer from the numerical problems of the classical Gath-Geva fuzzy clustering algorithm.

Keywords: Clustering, fuzzy clustering, minimal spanning tree, cluster validity, fuzzy similarity.

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Authors: Mohamad Saab, Sidi Souvi

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In a major nuclear accident, the released fission products (FPs) and the structural materials are likely to influence the transport of iodine in the reactor coolant system (RCS) of a pressurized water reactor (PWR). So far, the thermodynamic data on cesium and silver species used to estimate the magnitude of FP release show some discrepancies, data are scarce and not reliable. For this reason, it is crucial to review the thermodynamic values related to cesium and silver materials. To this end, we have used state-of-the-art quantum chemical methods to compute the formation enthalpies and entropies of AgHMoO₄, CsHMoO₄, and AgCsMoO₄ in the gas phase. Different quantum chemical methods have been investigated (DFT and CCSD(T)) in order to predict the geometrical parameters and the energetics including the correlation energy. The geometries were optimized with TPSSh-5%HF method, followed by a single point calculation of the total electronic energies using the CCSD(T) wave function method. We thus propose with a final uncertainty of about 2 kJmol⁻¹ standard enthalpies of formation of AgHMoO₄, CsHMoO₄, and AgCsMoO₄.

Keywords: ASTEC, Accident Source Term Evaluation Code, quantum chemical methods, severe nuclear accident, thermochemical database.

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Authors: E. Asgharizadeh, M. Ajalli Geshlajoughi, S. R. Safavi Mirmahalleh

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Amazing development of the information technology, communications and internet expansion as well as the requirements of the city managers to new ideas to run the city and higher participation of the citizens encourage us to complete the electronic city as soon as possible. The foundations of this electronic city are in information technology. People-s participation in metropolitan management is a crucial topic. Information technology does not impede this matter. It can ameliorate populace-s participation and better interactions between the citizens and the city managers. Citizens can proffer their ideas, beliefs and votes through digital mass media based upon the internet and computerization plexuses on the topical matters to receive appropriate replies and services. They can participate in urban projects by becoming cognizant of the city views. The most significant challenges are as follows: information and communicative management, altering citizens- views, as well as legal and office documents Electronic city obstacles have been identified in this research. The required data were forgathered through questionnaires to identify the barriers from a statistical community comprising specialists and practitioners of the ministry of information technology and communication, the municipality information technology organization. The conclusions demonstrate that the prioritized electronic city application barriers in Iran are as follows: The support quandaries (non-financial ones), behavioral, cultural and educational plights, the security, legal and license predicaments, the hardware, orismological and infrastructural curbs, the software and fiscal problems.

Keywords: Electronic city, urban management, populace's participation, electronic government, electronic services, electronic organization, electronic infrastructure.

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Authors: M. Tohidi, J. Yang, C. Baniotopoulos

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Progressive collapse of buildings typically occurs  when abnormal loading conditions cause local damages, which leads  to a chain reaction of failure and ultimately catastrophic collapse. The  tie force (TF) method is one of the main design approaches for  progressive collapse. As the TF method is a simplified method, further  investigations on the reliability of the method is necessary. This study  aims to develop an improved TF method to design the cross wall  structures for progressive collapse. To this end, the pullout behavior of  strands in grout was firstly analyzed; and then, by considering the tie  force-slip relationship in the friction stage together with the catenary  action mechanism, a comprehensive analytical method was developed.  The reliability of this approach is verified by the experimental results  of concrete block pullout tests and full scale floor-to-floor joints tests  undertaken by Portland Cement Association (PCA). Discrepancies in  the tie force between the analytical results and codified specifications  have suggested the deficiency of TF method, hence an improved  model based on the analytical results has been proposed to address this  concern.

 

Keywords: Cross wall, progressive collapse, ties force method, catenary, analytical.

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Authors: Mahdi Karimi

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One of the most basic standards of fair trial is the right to defense, hire an attorney and its presence in the hearing stages. On the one hand, based on the reason and justice, as the legal issues, particularly criminal affairs, become complicated, the accused must benefit from an attorney in the court in order to defend itself which requires legal knowledge. On the other hand, as the judicial system has jurists such as investigation judges at its disposal, the accused must enjoy the same right to defend itself and reject allegations so that the balance is maintained between the litigating parties based on the principle of "equality of arms". The right to adequate time and facilities for defense is cited among the principles and rights relevant to the proceedings in international regulations such as the International Covenant on Civil and Political Rights. The innovations made in the Code of Criminal Procedure in 2013 guaranteed the presence of the accused’s attorney in the proceedings. The present study aims at assessing the result of the aforementioned guarantee in practice and made attempts to investigate the effect of the presence of accused’s attorney on reducing the punishment by asking the question and addressing the statistical population of this study including 48 judges of lower courts and courts of appeal. It seems that in despite of guarantees provided in the new Code of Criminal Procedure, Iran's penal system, does not tolerate the presence of an attorney in practice.

Keywords: Defense attorney, equality of arms, fair trial, reducing the penalty, right to defense.

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Authors: H. Florianová, J. Nešleha

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Financial derivatives are considered to be risky investment instruments which could possibly bring another financial crisis. As prevention, European Union and its member states have released new legal acts adjusting this area of law in recent years. There have been several cases in history of capital markets worldwide where it was shown that legislature may affect behavior of subjects on capital markets. In our paper we analyze main events on selected European stock exchanges in order to apply them on three chosen markets - Czech capital market represented by Prague Stock Exchange, German capital market represented by Deutsche Börse and Polish capital market represented by Warsaw Stock Exchange. We follow time series of development of the sum of listed derivatives on these three stock exchanges in order to evaluate popularity of those exchanges. Afterwards we compare newly listed derivatives in relation to the speed of development of these exchanges. We also make a comparison between trends in derivatives and shares development. We explain how a legal regulation may affect situation on capital markets. If the regulation is too strict, potential investors or traders are not willing to undertake it and move to other markets. On the other hand, if the regulation is too vague, trading scandals occur and the market is not reliable from the prospect of potential investors or issuers. We see that making the regulation stricter usually discourages subjects to stay on the market immediately although making the regulation vaguer to interest more subjects is usually much slower process.

Keywords: Capital markets, financial derivatives, investors' behavior, regulation.

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Authors: Oluchukwu P. Obioma, Amarachi R. Dike

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Competition law promotes market competition by regulating anti-competitive conduct by undertakings. There is a need for a third party to regulate the market for efficiency and supervision, since, if the market is left unchecked, it may be skewed against the consumers and the economy. Competition law is geared towards the protection of consumers from economic exploitation. It is the duty of every rational government to optimally manage its economic system by employing the best regulatory practices over the market to ensure it functions effectively and efficiently. The Nigerian government has done this by enacting the Federal Competition and Consumer Protection Act, 2018 (FCCPA). This is a comprehensive legal framework with the objective of governing competition issues in Nigeria. Prior to its enactment, the competition law regime in Nigeria was grossly inadequate despite Nigeria being the biggest economy in Africa. This latest legislation has become a bold step in the right direction. This study will use the doctrinal methodology in analyzing the FCCPA, 2018 in order to discover the extent to which the Act will guard against anti-competitive practices and promote competitive markets for the benefit of the Nigerian economy and consumers. The study finds that although the FCCPA, 2018 provides for the regulation of competition in Nigeria, there is a need to effectively tackle the challenges to the implementation of the Act and the development of anti-trust jurisprudence in Nigeria. This study concludes that incisive implementation of competition law in Nigeria will help protect consumers and create a conducive environment for economic growth, development, and protection of consumers from obnoxious competition practices.

Keywords: Anti-competitive practices, competition law, competition regulation, consumer protection.

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Authors: Maria Lubomira Kubica

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The paper reveals the birth and evolution of the British precedent Rylands v. Fletcher that, once adopted on the other side of the Ocean (in United States), gave rise to a general clause of liability for abnormally dangerous activities recognized by the §20 of the American Restatements of the Law Third, Liability for Physical and Emotional Harm. The main goal of the paper was to analyze the development of the legal doctrine and of the case law posterior to the precedent together with the intent of the British judicature to leapfrog from the traditional rule contained in Rylands v. Fletcher to a general clause similar to that introduced in the United States and recently also on the European level. As it is well known, within the scope of tort law two different initiatives compete with the aim of harmonizing the European laws: European Group on Tort Law with its Principles of European Tort Law (hereinafter PETL) in which article 5:101 sets forth a general clause for strict liability for abnormally dangerous activities and Study Group on European Civil Code with its Common Frame of Reference (CFR) which promotes rather ad hoc model of listing out determined cases of strict liability. Very narrow application scope of the art. 5:101 PETL, restricted only to abnormally dangerous activities, stays in opposition to very broad spectrum of strict liability cases governed by the CFR. The former is a perfect example of a general clause that offers a minimum and basic standard, possibly acceptable also in those countries in which, like in the United Kingdom, this regime of liability is completely marginalized.

Keywords: Abnormally dangerous activities, general clause, Rylands v. Fletcher, strict liability.

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Authors: Mohammed Sani Abdulai

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Ghana’s Public Financial Management reforms have been going on for some two decades now (1997/98 to 2017/18). Given this long period of reforms, Ghana in 2019 is putting together both a Public Financial Management (PFM) strategy and a Ghana Integrated Financial Management Information System (GIFMIS) strategy for the next 5-years (2020-2024). The primary aim of these dual strategies is assisting the country in moving beyond reforms to consolidation and sustainability. In this paper we, first, examined the evolution of Ghana’s PFM reforms. We, secondly, reviewed the legal and institutional reforms undertaken to strengthen the country’s key PFM institutions. Thirdly, we summarized the strengths and weaknesses identified by the 2018 Public Expenditure and Financial Accountability (PEFA) assessment of Ghana’s PFM system relating to its macro-fiscal framework, budget preparation and approval, budget execution, accounting and fiscal reporting as well as external scrutiny and audit. We, finally, considered what the country should be doing to achieve its intended goal of PFM consolidation and sustainability. Using a qualitative method of review and analysis of existing documents, we, through this paper, brought to the fore the lessons that could be learnt by other developing countries from Ghana’s PFM reforms experiences. These lessons included the need to: (a) undergird any PFM reform with a comprehensive PFM reform strategy; (b) undertake a legal and institutional reforms of the key PFM institutions; (c) assess the strengths and weaknesses of those reforms using PFM performance evaluation tools such as PEFA framework; and (d) move beyond reforms to consolidation and sustainability.

Keywords: Public financial management, public expenditure and financial accountability (PEFA), reforms, consolidation, sustainability.

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Authors: Alexey Kulik

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This article deals with selection standards for national sport teams. The author examines the legal framework for selection criteria and suggests using the most honest criteria.

Keywords: National teams, Standards of forming teams, Selection standards, Sport legislations.

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Authors: Jindřiška Šedová

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The Czech Republic is a country whose economy has undergone a transformation since 1989. Since joining the EU it has been striving to reduce the differences in its economic standard and the quality of its institutional environment in comparison with developed countries. According to an assessment carried out by the World Bank, the Czech Republic was long classed as a country whose institutional development was seen as problematic. For many years one of the things it was rated most poorly on was its bankruptcy law. The new Insolvency Act, which is a modern law in terms of its treatment of bankruptcy, was first adopted in the Czech Republic in 2006. This law, together with other regulatory measures, offers debtridden Czech economic subjects legal instruments which are well established and in common practice in developed market economies. Since then, analyses performed by the World Bank and the London EBRD have shown that there have been significant steps forward in the quality of Czech bankruptcy law. The Czech Republic still lacks an analytical apparatus which can offer a structured characterisation of the general and specific conditions of Czech company and household debt which is subject to current changes in the global economy. This area has so far not been given the attention it deserves. The lack of research is particularly clear as regards analysis of household debt and householders- ability to settle their debts in a reasonable manner using legal and other state means of regulation. We assume that Czech households have recourse to a modern insolvency law, yet the effective application of this law is hampered by the inconsistencies in the formal and informal institutions involved in resolving debt. This in turn is based on the assumption that this lack of consistency is more marked in cases of personal bankruptcy. Our aim is to identify the symptoms which indicate that for some time the effective application of bankruptcy law in the Czech Republic will be hindered by factors originating in householders- relative inability to identify the risks of falling into debt.

Keywords: bankruptcy law, household debt, consumer bankruptcy, business bankruptcy

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Authors: K. Chethana, A. S. Guru Prasad, S. N. Omkar, B. Vadiraj, S. Asokan

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This paper describes an ab-initio design, development and calibration results of an Optical Sensor Ground Reaction Force Measurement Platform (OSGRFP) for gait and geriatric studies. The developed system employs an array of FBG sensors to measure the respective ground reaction forces from all three axes (X, Y and Z), which are perpendicular to each other. The novelty of this work is two folded. One is in its uniqueness to resolve the tri axial resultant forces during the stance in to the respective pure axis loads and the other is the applicability of inherently advantageous FBG sensors which are most suitable for biomechanical instrumentation. To validate the response of the FBG sensors installed in OSGRFP and to measure the cross sensitivity of the force applied in other directions, load sensors with indicators are used. Further in this work, relevant mathematical formulations are presented for extracting respective ground reaction forces from wavelength shifts/strain of FBG sensors on the OSGRFP. The result of this device has implications in understanding the foot function, identifying issues in gait cycle and measuring discrepancies between left and right foot. The device also provides a method to quantify and compare relative postural stability of different subjects under test, which has implications in post-surgical rehabilitation, geriatrics and optimizing training protocols for sports personnel.

Keywords: Balance, stability, Gait analysis, FBG applications, optical sensor ground reaction force platform.

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Authors: Lan Wu

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China’s declared transformation towards a ‘new electricity system dominated by renewable energy’ requires a cleaner electricity consumption mix with high shares of renewable energy sourced-electricity (RES-E). Unfortunately, integration of RES-E into Chinese electricity markets remains a problem pending more robust legal support, evidenced by the curtailment of wind and solar power due to integration constraints. The upcoming Energy Law of the PRC (Energy Law) is expected to provide such long-awaiting support and coordinate the existing diverse sector-specific laws to deal with the weak implementation that dampening the delivery of their desired regulatory effects. However, in the shadow of the COVID-19 crisis, it remains uncertain how this new Energy Law brings synergies to RES-E integration, mindful of the significant impacts of the pandemic. Through the theoretical lens of the interplay between China’s electricity market reform and legislative development, this paper investigates whether there is a paradigm shift in Energy Law regarding renewable energy integration compared with the existing sector-specific energy laws. It examines the 2020 Draft for Comments on the Energy Law and analyses its relationship with sector-specific energy laws focusing on RES-E integration. The comparison is drawn upon five critical aspects of the RES-E integration issue, including the status of renewables, marketisation, incentive schemes, consumption mechanisms, access to power grids and dispatching. The analysis shows that it is reasonable to expect a more open and well-organised electricity market, enabling the absorption of high shares of RES-E. The present paper concludes that a period of prosperous development of RES-E in the post-COVID-19 era can be anticipated with the legal support by the upcoming Energy Law. It contributes to understanding the signals China is sending regarding the transition towards a cleaner energy future.

Keywords: energy law, energy transition, electricity market reform, renewable energy integration

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Authors: Alina Murtishcheva

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The tendency of globalization, challenges to democracy and peace caused by the Russian invasion of Ukraine, and other global conflicts require searching general orientations of governmental development, including local government. The formation of a common theoretical framework for local government guarantees not only of harmonisation of European legislation but also creates prerequisites for the integration of new members into the European Union. One of the most important milestones of such a theoretical framework is the concept of decentralization. Decentralization as a phenomenon is characteristic of most European Union countries at different historical stages. For Ukraine, as a country that has clearly defined a European integration vector of development, understanding not only the legal but also the theoretical basis of decentralization processes in European countries is an important prerequisite for further reforms. Decentralization takes different forms, which leads to a variety of understandings in doctrine and, consequently, different interpretations in national legislation. Despite this, decentralization is based on common ideas and values such as democracy, participation, the rule of law, and proximity government that are shared by all EU member states. Nevertheless, not all EU countries are currently implementing broad decentralization in their political and legal practices. Some countries are gradually moving in this direction, while others remain quite centralised. There is also a new, insufficiently studied trend today – recentralisation, which can be broadly defined as the strengthening of centralization tendencies in countries that were considered to be decentralized. Consequently, an exploratory theoretical study is needed to identify how the concept of decentralization is combined with the recentralization tendency in EU member states. The purpose of this study is to empirically analyse scientific approaches to the concept of “decentralization”, to highlight the tendency of recentralisation and its consequences, to analyse Ukraine's experience in the field of decentralization of public power, and to outline the prospects for further development of Ukrainian legislation in this area.

Keywords: Centralization, decentralization, local government, recentralization, reforms.

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Authors: Chien-Yeh Hsu, Yuan-Ching Chiang, Zi-Jie Chien, Sih-Li Chen

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In this study, a field experiment and performance analysis of air-tunnel heat exchanger integrated with water-filled raft foundation of residential building were performed. In order to obtain better performance, conventional applications of air-tunnel inevitably have high initial cost or issues about insufficient installation space. To improve the feasibility of air tunnel heat exchanger in high-density housing, an integrated system consisting of air pipes immersed in the water-filled raft foundation was presented, taking advantage of immense amount of water and relatively stable temperature in raft foundation of building. The foundation-integrated air tunnel was applied to a residential building located in Yilan, Taiwan, and its thermal performance was measured in the field experiment. The results indicated that the cooling potential of integrated system was close to the potential of soil-based EAHE at 2 m depth or deeper. An analytical model based on thermal resistance method was validated by measurement results, and was used to carry out the dimensioning of foundation-integrated air tunnel. The discrepancies between calculated value and measured data were less than 2.7%. In addition, the return-on-investment with regard to thermal performance and economics of the application was evaluated. Because the installation for air tunnel is scheduled in the building foundation construction, the utilization of integrated system spends less construction cost compare to the conventional earth-air tunnel.

Keywords: Air tunnel, ground heat exchanger, raft foundation, residential building.

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Authors: Claude Alavoine, Ferkan Kaplanseren

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Negotiation is a specific form of interaction based on communication in which the parties enter into deliberately, each with clear but different interests or goals and a mutual dependency towards a decision due to be taken at the end of the confrontation. Consequently, negotiation is a complex activity involving many different disciplines from the strategic aspects and the decision making process to the evaluation of alternatives or outcomes and the exchange of information. While gender differences can be considered as one of the most researched topic within negotiation studies, empirical works and theory present many conflicting evidences and results about the role of gender in the process or the outcome. Furthermore, little interest has been shown over gender differences in the definition of what is negotiation, its essence or fundamental elements. Or, as differences exist in practices, it might be essential to study if the starting point of these discrepancies does not come from different considerations about what is negotiation and what will encourage the participants in their strategic decisions. Some recent and promising experiments made with diverse groups show that male and female participants in a common and shared situation barely consider the same way the concepts of power, trust or stakes which are largely considered as the usual driving forces of any negotiation. Furthermore, results from Human Resource self-assessment tests display and confirm considerable differences between individuals regarding essential behavioral dimensions like capacity to improvise and to achieve, aptitude to conciliate or to compete and orientation towards power and group domination which are also part of negotiation skills. Our intention in this paper is to confront these dimensions with negotiation’s usual driving forces in order to build up new paths for further research.

Keywords: Gender, negotiation, personality, power, stakes, trust.

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Authors: Karanja Kibicho, Anthony Sayers

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Due to adverse pressure gradient along the diverging walls of wide-angled diffusers, the attached flow separates from one wall and remains attached permanently to the other wall in a process called stalling. Stalled diffusers render the whole fluid flow system, in which they are part of, very inefficient. There is then an engineering need to try to understand the whole process of diffuser stall if any meaningful attempts to improve on diffuser efficiency are to be made. In this regard, this paper provides a data bank contribution for the mean flow-field in wide-angled diffusers where the complete velocity and static pressure fields, and pressure recovery data for diffusers in the fully stalled flow regime are experimentally measured. The measurements were carried out at Reynolds numbers between 1.07×105 and 2.14×105 based on inlet hydraulic diameter and centreline velocity for diffusers whose divergence angles were between 30Ôùª and 50Ôùª. Variation of Reynolds number did not significantly affect the velocity and static pressure profiles. The wall static pressure recovery was found to be more sensitive to changes in the Reynolds number. By increasing the velocity from 10 m/s to 20 m/s, the wall static pressure recovery increased by 8.31%. However, as the divergence angle was increased, a similar increase in the Reynolds number resulted in a higher percentage increase in pressure recovery. Experimental results showed that regardless of the wall to which the flow was attached, both the velocity and pressure fields were replicated with discrepancies below 2%.

Keywords: Two-dimensional, wide-angled, diffuser, stall, separated flows, subsonic flows, diffuser flow regimes

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Authors: Abu Bakar Munir, Siti Hajar Mohd Yasin, Firdaus Muhammad-Sukki

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This paper seeks to analyse the benefits of big data and more importantly the challenges it pose to the subject of privacy and data protection. First, the nature of big data will be briefly deliberated before presenting the potential of big data in the present days. Afterwards, the issue of privacy and data protection is highlighted before discussing the challenges of implementing this issue in big data. In conclusion, the paper will put forward the debate on the adequacy of the existing legal framework in protecting personal data in the era of big data.

Keywords: Big data, data protection, information, privacy.

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Authors: M. G. Cattaneo

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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: Jorge Barros Mendes

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The Portuguese Constitution, in article 22, instituted the general principle of tort liability of the State and other public law entities. Consequently, ordinary legislation established the tort liability of the State into the Portuguese Legal Order, by means of Decree-Law 48051, of 1967. This decree, which was criticised extensively, was amended by virtue of Law 67/2007, of 31st December, establishing the regime for tort liability arising from losses caused by third parties, due to the acts of public management in relation to all the functions of the State, i.e. i) administrative, ii) legislative, and iii) jurisdictional.

Keywords: Portuguese courts, tort liability of the state.

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Authors: N. Gopalakrishna Kini, Ranjana Paleppady, Akshata K. Naik

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Password authentication is one of the widely used methods to achieve authentication for legal users of computers and defense against attackers. There are many different ways to authenticate users of a system and there are many password cracking methods also developed. This paper proposes how best password cracking can be performed on a CPU-GPGPU based system. The main objective of this work is to project how quickly a password can be cracked with some knowledge about the computer security and password cracking if sufficient security is not incorporated to the system.

Keywords: GPGPU, password cracking, secret key, user authentication.

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Authors: Chun-Cheng Lin

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Noise level has critical effects on the diagnostic performance of signal-averaged electrocardiogram (SAECG), because the true starting and end points of QRS complex would be masked by the residual noise and sensitive to the noise level. Several studies and commercial machines have used a fixed number of heart beats (typically between 200 to 600 beats) or set a predefined noise level (typically between 0.3 to 1.0 μV) in each X, Y and Z lead to perform SAECG analysis. However different criteria or methods used to perform SAECG would cause the discrepancies of the noise levels among study subjects. According to the recommendations of 1991 ESC, AHA and ACC Task Force Consensus Document for the use of SAECG, the determinations of onset and offset are related closely to the mean and standard deviation of noise sample. Hence this study would try to perform SAECG using consistent root-mean-square (RMS) noise levels among study subjects and analyze the noise level effects on SAECG. This study would also evaluate the differences between normal subjects and chronic renal failure (CRF) patients in the time-domain SAECG parameters. The study subjects were composed of 50 normal Taiwanese and 20 CRF patients. During the signal-averaged processing, different RMS noise levels were adjusted to evaluate their effects on three time domain parameters (1) filtered total QRS duration (fQRSD), (2) RMS voltage of the last QRS 40 ms (RMS40), and (3) duration of the low amplitude signals below 40 μV (LAS40). The study results demonstrated that the reduction of RMS noise level can increase fQRSD and LAS40 and decrease the RMS40, and can further increase the differences of fQRSD and RMS40 between normal subjects and CRF patients. The SAECG may also become abnormal due to the reduction of RMS noise level. In conclusion, it is essential to establish diagnostic criteria of SAECG using consistent RMS noise levels for the reduction of the noise level effects.

Keywords: Signal-averaged electrocardiogram, Ventricular latepotentials, Chronic renal failure, Noise level effects.

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Authors: Mitali Kedia, Parul Kapoor

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Public Art is a tool with the power to enrich and enlighten any place; it has been accepted and welcomed effortlessly by many cultures around the World. In this paper, we discuss the implications Public Art has had on the society and how it has evolved over the years, and how in India, art in this aspect is still overlooked and treated as an accessory. Urban aesthetics are still substantially limited to the installation of deities, political figures, and so on. The paper also discusses various possibilities and opportunities on how Public Art can boost a society; it also suggests a framework that can be incorporated in the legal system of the country to make it a part of the city development process.

Keywords: Public art, urban fabric, placemaking, community welfare, public art program, imageability.

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Authors: Pascal Mwenge, Tumisang Seodigeng

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The combination of world population and the third industrial revolution led to high demand for fuels. On the other hand, the decrease of global fossil 8fuels deposits and the environmental air pollution caused by these fuels has compounded the challenges the world faces due to its need for energy. Therefore, new forms of environmentally friendly and renewable fuels such as biodiesel are needed. The primary analytical techniques for methanolysis yield monitoring have been chromatography and spectroscopy, these methods have been proven reliable but are more demanding, costly and do not provide real-time monitoring. In this work, the in situ monitoring of biodiesel from sunflower oil using FTIR (Fourier Transform Infrared) has been studied; the study was performed using EasyMax Mettler Toledo reactor equipped with a DiComp (Diamond) probe. The quantitative monitoring of methanolysis was performed by building a quantitative model with multivariate calibration using iC Quant module from iC IR 7.0 software. 15 samples of known concentrations were used for the modelling which were taken in duplicate for model calibration and cross-validation, data were pre-processed using mean centering and variance scale, spectrum math square root and solvent subtraction. These pre-processing methods improved the performance indexes from 7.98 to 0.0096, 11.2 to 3.41, 6.32 to 2.72, 0.9416 to 0.9999, RMSEC, RMSECV, RMSEP and R2Cum, respectively. The R² value of 1 (training), 0.9918 (test), 0.9946 (cross-validation) indicated the fitness of the model built. The model was tested against univariate model; small discrepancies were observed at low concentration due to unmodelled intermediates but were quite close at concentrations above 18%. The software eliminated the complexity of the Partial Least Square (PLS) chemometrics. It was concluded that the model obtained could be used to monitor methanol of sunflower oil at industrial and lab scale.

Keywords: Biodiesel, calibration, chemometrics, FTIR, methanolysis, multivariate analysis, transesterification.

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Authors: Roman V. Yampolskiy

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Games can be classified as games of skill, games of chance or otherwise be classified as mixed. This paper deals with the topic of scientifically classifying mixed games as more reliant on elements of chance or elements of skill and ways to scientifically measure the amount of skill involved. This is predominantly useful for classification of games as legal or illegal in deferent jurisdictions based on the local gaming laws. We propose a novel measure of skill to chance ratio called the Game Skill Measure (GSM) and utilize it to calculate the skill component of a popular variant of Poker.

Keywords: Chance, Game, Skill, Luck.

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Authors: Turgut Ayten, Tayfun Çay

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In the current expropriation of Turkey, the state acquires necessary lands for its investment without permission of the owners and not searching for alternative solutions, so it is determined that neither processor nor processed is not happy. In this study, interactions of enterprises in Turkey are analysed in case the necessary land for public investments are acquired by expropriation purposed land consolidation. Legal basis, positive and negative sides, financial effects to enterprises of this method is evaluated according to Konya Kadınhanı, Kolukısa avenue which is on the Konya-Ankara High-Speed Train Route.

Keywords: Land consolidation, expropriation purposed land consolidation, sustainable rural development, cost.

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Authors: Nathaniel Bryan

Abstract:

American public schools should be the place that reflects America-s diverse society. The recent Supreme Court decision to discontinue the use of race as a factor in school admission policies has caused major setbacks in America-s effort to repair its racial divide, to improve public schools, and to provide opportunities for all people, regardless of race or creed. However, educators should not allow such legal decision to hinder their ability to teach children tolerance of others in schools and classrooms in America.

Keywords: Race, Supreme Court, injustice, racial quotas.

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Authors: Hezha Hewa, Taher Sur

Abstract:

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 abuse, juvenile, legislation, punishment and aggravation.

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