Search results for: Legal Rules
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 698

Search results for: Legal Rules

548 Unmet English Needs of the Non-Engineering Staff: The Case of Algerian Hydrocarbon Industry

Authors: N. Khiati

Abstract:

The present paper attempts to report on some findings that emerged out of a larger scale doctorate research into English language needs of a renowned Algerian company of Hydrocarbon industry. From a multifaceted English for specific purposes (ESP) research perspective, the paper considers the English needs of the finance/legal department staff in the midst of the conflicting needs perspectives involving both objective needs indicators (i.e., the pressure of globalised business) and the general negative attitudes among the administrative -mainly jurists- staff towards English (favouring a non-adaptation strategy). The researcher’s unearthing of the latter’s needs is an endeavour to concretise the concepts of unmet, or unconscious needs, among others. This is why, these initially uncovered hidden needs will be detailed questioning educational background, namely previous language of instruction; training experiences and expectations; as well as the actual communicative practices derived from the retrospective interviews and preliminary quantitative data of the questionnaire. Based on these rough clues suggesting real needs, the researcher will tentatively propose some implications for both pre-service and in-service training organisers as well as for educational policy makers in favour of an English course in legal English for the jurists mainly from pre-graduate phases to in-service training.

Keywords: English for specific purposes, ESP, legal and finance staff, needs analysis, unmet/unconscious needs, training implications.

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547 Criminal Law Instruments to Counter Corporate Crimes in Poland

Authors: Dorota Habrat

Abstract:

The aim of study was to analyze the functioning the new model of criminal corporate responsibility in Poland. The need to introduce into the Polish legal system liability of corporate (collective entities) has resulted, among others, from the Polish Republic's international commitments, in particular related to membership in the European Union. The study showed that responsibility of collective entities under the Act has a criminal nature. The main question concerns the ability of the collective entity to be brought to guilt under criminal law sense. Polish criminal law knows only the responsibility of individual persons. So far, guilt as a personal feature of action, based on the ability of the offender to feel in his psyche, could be considered only in relation to the individual person, while the said Act destroyed this conviction. Guilt of collective entity must be proven under at least one of the three possible forms: the guilt in the selection or supervision and so called organizational guilt. In addition, research in article has resolved the issue how the principle of proportionality in relation to criminal measures in response of collective entities should be considered. It should be remembered that the legal subjectivity of collective entities, including their rights and freedoms, is an emanation of the rights and freedoms of individual persons which create collective entities and through these entities implement their rights and freedoms. The whole study was proved that the adopted Act largely reflects the international legal regulations but also contains the unknown and original legislative solutions.

Keywords: Criminal corporate responsibility, Polish criminal law.

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546 Client Importance and Audit Quality under Civil Law versus Common Law Societies

Authors: Kelly Grani Yuen

Abstract:

Accounting scandals and auditing frauds are perceived to be driven by aggressive companies and misrepresentation of audit reports. However, local legal systems and law enforcements may affect the services auditors provide to their ‘important’ clients. Under the civil law and common law jurisdictions, the standard setters, the government, and the regulatory bodies treat cases differently. As such, whether or not different forms of legal systems and extent of law enforcement plays an important role in auditor’s Audit Quality is a question this paper attempts to explore. The paper focuses on the investigation in Asia, where Hong Kong represents the common-law jurisdiction, while Taiwan and China represent the civil law jurisdiction. Only the ten reputable accounting firms are used in this study due to the differences in rankings and establishments of some of the small local audit firms. This will also contribute to the data collected between the years 2007-2013. By focusing on the use of multiple regression based on the dependent (Audit Quality) and independent variables (Client Importance, Law Enforcement, and Press Freedom), six different models are established. Results demonstrate that since different jurisdictions have different legal systems and market regulations, auditor’s treatment on ‘important’ clients will vary. However, with the moderators in place (law enforcement and press freedom), the relationship between client importance and audit quality may be smoothed out. With that in mind, this study contributes to local governments and standard setters’ consideration on legal reform and proper law enforcement in the market. Perhaps, with such modifications on the economic systems, collusion between companies and auditors can finally be put to a halt.

Keywords: Audit quality, client importance, jurisdiction, modified audit opinions.

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545 Portfolio Management: A Fuzzy Set Based Approach to Monitoring Size to Maximize Return and Minimize Risk

Authors: Margaret F. Shipley

Abstract:

Fuzzy logic can be used when knowledge is incomplete or when ambiguity of data exists. The purpose of this paper is to propose a proactive fuzzy set- based model for reacting to the risk inherent in investment activities relative to a complete view of portfolio management. Fuzzy rules are given where, depending on the antecedents, the portfolio size may be slightly or significantly decreased or increased. The decision maker considers acceptable bounds on the proportion of acceptable risk and return. The Fuzzy Controller model allows learning to be achieved as 1) the firing strength of each rule is measured, 2) fuzzy output allows rules to be updated, and 3) new actions are recommended as the system continues to loop. An extension is given to the fuzzy controller that evaluates potential financial loss before adjusting the portfolio. An application is presented that illustrates the algorithm and extension developed in the paper.

Keywords: Portfolio Management, Financial Market Monitoring, Fuzzy Controller, Fuzzy Logic,

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544 Geometric Representation of Modified Forms of Seven Important Failure Criteria

Authors: Ranajay Bhowmick

Abstract:

Elastoplastic analysis of a structural system involves defining failure/yield criterion, flow rules and hardening rules. The failure/yield criterion defines the limit beyond which the material flows plastically and hardens/softens or remains perfectly plastic before ultimate collapse. The failure/yield criterion is represented geometrically in three/two dimensional Haigh-Westergaard stress-space to facilitate a better understanding of the behavior of the material. In the present study geometric representations in three and two-dimensional stress-space of a few important failure/yield criterion are presented. The criteria presented are the modified forms obtained due to the conditional solutions of the equation of stress invariants. A comparison of the failure/yield surfaces is also presented here to obtain the effectiveness of each of them and it has been found that for identical conditions the Rankine’s criterion gives the largest values of limiting stresses.

Keywords: Deviatoric plane, failure criteria, geometric representation, hydrostatic axis, modified form.

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543 Judicial Institutions in a Post-Conflict Society: Gaining Legitimacy through a Holistic Reform

Authors: Abdul Salim Amin

Abstract:

This paper focuses on how judiciaries in post-conflict societies can gain legitimacy through reformation. Legitimacy plays a pivotal role in shaping people’s behavior to submit to the law and verifies the rightfulness of an organ for taking binding decisions. Among various dynamics, judicial independence, access to justice and behavioral changes of the judicial officials broadly contribute to legitimation of judiciary in general, and the courts in particular. Increasing independence of judiciary through reform limits, inter alia, government interference in judicial issues and protects basic rights of the citizens. Judicial independence does not only matter in institutional terms, individual independence also influences the impartiality and integrity of judges, which can be increased through education and better administration of justice. Finally, access to justice as an intertwined concept both at the legal and moral spectrum of judicial reform avails justice to the citizens and increases the level of public trust and confidence. Efficient legal decisions on fostering such elements through holistic reform create a rule of law atmosphere. Citizens neither accept an illegitimate judiciary nor do they trust its decisions. Lack of such tolerance and confidence deters the rule of law and thus, undermines the democratic development of a society.

Keywords: Legitimacy, judicial reform, judicial independence, access to justice, legal training, informal justice, rule of law.

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542 Definition in Law: Transgender Identities and Marriage

Authors: Kimberly Tao

Abstract:

This paper looks at transgender identities and the law in the context of marriage. It particularly focuses on the role of language and definition in classifying transgendered individuals into a legal category. Two lines of cases in transgender jurisprudence are examined. The former cases decided the definition of 'man' and 'woman' on the basis of biological criteria while the latter cases held that biological factors should not be the sole criterion for defining a man or a woman. Three categories were found to classify transgender people, namely male, female and "monstrous". Since transgender people challenge the core gender distinction that the law stresses, they are often regarded as problematic and monstrous which caused them to be subjected to severe legal consequences. This paper discusses these issues by analyzing and comparing different cases in transgender jurisprudence as well as examining how these issues play out in contemporary Hong Kong.

Keywords: Trangender, Monstrousness, Categorization, Definition.

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541 Traumatic Ankle Pain: Adequacy of Clinical Information in X-Ray Request with Reference to the Ottawa Ankle Rule

Authors: Rania Mustafa

Abstract:

This audit was conducted at Manchester University NHS Foundation Trust, Wythenshawe Hospital Radiology and Accident and Emergency [A&E] Department to assess the appropriateness of clinical information in X-ray requests, specifically in cases of acute ankle injuries. As per the Ottawa Ankle Rules and the recommendations of National Institute for Health and Care Excellence [NICE] and the Royal College of Radiology, we aimed to evaluate the appropriateness of referrals and the thoroughness of clinical information provided by Emergency Department [ED] clinicians for ankle radiography. Our goal was to achieve 100% compliance with these guidelines. The audit involved a comprehensive analysis spanning the period from August 2022 to January 2023, encompassing patient records, radiographic orders, and clinical assessments. Data collection included patient demographics, presenting complaints, clinical assessments, adherence to Ottawa Ankle Rules criteria, and subsequent radiography orders. Here we conducted two audit cycles, involving 38 patients in the first cycle and 86 patients in the second cycle. The data were furtherly filtered to include all patients who were referred from the ED for an ankle Xray with a history of acute trauma and age of more than 18 years. The key finding was that in August 2022, 60% of cases met the Ottawa Ankle Rules criteria accurately, indicating a need for improvement in adherence. However, by January 2023, there was a notable improvement, with 95% of cases accurately meeting the criteria. This significant change reflects an increased alignment with best practices for ankle radiography referrals.

Keywords: Ankle, injuries, Ottawa Ankle Rule, X-rays.

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540 Using Data Mining Technique for Scholarship Disbursement

Authors: J. K. Alhassan, S. A. Lawal

Abstract:

This work is on decision tree-based classification for the disbursement of scholarship. Tree-based data mining classification technique is used in other to determine the generic rule to be used to disburse the scholarship. The system based on the defined rules from the tree is able to determine the class (status) to which an applicant shall belong whether Granted or Not Granted. The applicants that fall to the class of granted denote a successful acquirement of scholarship while those in not granted class are unsuccessful in the scheme. An algorithm that can be used to classify the applicants based on the rules from tree-based classification was also developed. The tree-based classification is adopted because of its efficiency, effectiveness, and easy to comprehend features. The system was tested with the data of National Information Technology Development Agency (NITDA) Abuja, a Parastatal of Federal Ministry of Communication Technology that is mandated to develop and regulate information technology in Nigeria. The system was found working according to the specification. It is therefore recommended for all scholarship disbursement organizations.

Keywords: Decision tree, classification, data mining, scholarship.

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539 An Overview of the Islamic Banking Development in the United Kingdom, Malaysia, Saudi Arabia, Iran, Nigeria, Kenya and Uganda

Authors: Pradeep Kulshrestha, Maulana Ayoub Ali

Abstract:

The level of penetration of Islamic banking products and services has recorded a reasonable growth at an exponential rate in many parts of the world. There are many factors which have contributed to this growth including, but not limited to the rapid growth of number of Muslims who are uncomfortable with the conventional ways of banking, interest and higher interest rates scheduled by conventional banks and financial institutions as well as the financial inclusion campaign conducted in many countries. The system is facing legal challenges which open the research fdoor for practitioners and academicians for the sake of finding out solutions to those challenges. This paper tries to investigate the development of the Islamic banking system in the United Kingdom (UK), Saudi Arabia, Malaysia, Iran, Kenya, Nigeria and Uganda in order to understand the modalities which have been employed to run an Islamic banking system in the aforementioned countries. The methodology which has been employed in doing this research paper is Doctrinal, of which legislations, policies and other legal tools have been carefully studied and analysed. Again, papers from academic journals, books and financial reports have been deeply analysed for the purpose of enriching the paper and come up with a tangible results. The paper found that in Asia, Malaysia has created the smoothest legal platform for Islamic banking system to work properly in the country. The United Kingdom has tried harder to smooth the banking system without affecting the conventional banking methods and without favouring the operations of Islamic banks. It also tries harder to make UK as an Islamic banking and finance hub in Europe. The entire banking system in Iran is Islamic, while Nigeria has undergone several legal reforms to suit Islamic banking system in the country. Kenya and Uganda are at a different pace in making Islamic Banking system work alongside the conventional banking system.  

Keywords: Shariah, Islamic banking, law, alternative banking.

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538 Safety Conditions Analysis of Scaffolding on Construction Sites

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

Abstract:

This paper presents the results of analysis of 100 full-scale scaffolding structures in terms of compliance with legal acts and safety of use. In 2016 and 2017, authors examined scaffolds in Poland located at buildings which were at construction or renovation stage. The basic elements affecting the safety of scaffolding use such as anchors, supports, platforms, guardrails and toe-boards have been taken into account. All of these elements were checked in each of considered scaffolding. Based on the analyzed scaffoldings, the most common errors concerning assembly process and use of scaffolding were collected. Legal acts on the scaffoldings are not always clear, and this causes many issues. In practice, people realize how dangerous the use of incomplete scaffolds is only when the accident occurs. Despite the fact that the scaffolding should ensure the safety of its users, most accidents on construction sites are caused by fall from a height.

Keywords: Façade scaffolds, load capacity, practice, safety of people.

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537 A Hybrid Method for Eyes Detection in Facial Images

Authors: Muhammad Shafi, Paul W. H. Chung

Abstract:

This paper proposes a hybrid method for eyes localization in facial images. The novelty is in combining techniques that utilise colour, edge and illumination cues to improve accuracy. The method is based on the observation that eye regions have dark colour, high density of edges and low illumination as compared to other parts of face. The first step in the method is to extract connected regions from facial images using colour, edge density and illumination cues separately. Some of the regions are then removed by applying rules that are based on the general geometry and shape of eyes. The remaining connected regions obtained through these three cues are then combined in a systematic way to enhance the identification of the candidate regions for the eyes. The geometry and shape based rules are then applied again to further remove the false eye regions. The proposed method was tested using images from the PICS facial images database. The proposed method has 93.7% and 87% accuracies for initial blobs extraction and final eye detection respectively.

Keywords: Erosion, dilation, Edge-density

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536 Private Law, Public Justice: Another Look at Imprisonment for Debt under the Jordanian Law

Authors: Haitham A. Haloush

Abstract:

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

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

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535 Measurement and Analysis of Temperature Effects on Box Girders of Continuous Rigid Frame Bridges

Authors: Bugao Wang, Weifeng Wang, Xianwei Zeng

Abstract:

Researches on the general rules of temperature field changing and their effects on the bridge in construction are necessary. This paper investigated the rules of temperature field changing and its effects on bridge using onsite measurement and computational analysis. Guanyinsha Bridge was used as a case study in this research. The temperature field was simulated in analyses. The effects of certain boundary conditions such as sun radiance, wind speed, and model parameters such as heat factor and specific heat on temperature field are investigated. Recommended values for these parameters are proposed. The simulated temperature field matches the measured observations with high accuracy. At the same time, the stresses and deflections of the bridge computed with the simulated temperature field matches measured values too. As a conclusion, the temperature effect analysis of reinforced concrete box girder can be conducted directly based on the reliable weather data of the concerned area.

Keywords: continuous rigid frame bridge, temperature effectanalysis, temperature field, temperature field simulation

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534 Unconstrained Arabic Online Handwritten Words Segmentation using New HMM State Design

Authors: Randa Ibrahim Elanwar, Mohsen Rashwan, Samia Mashali

Abstract:

In this paper we propose a segmentation system for unconstrained Arabic online handwriting. An essential problem addressed by analytical-based word recognition system. The system is composed of two-stages the first is a newly special designed hidden Markov model (HMM) and the second is a rules based stage. In our system, handwritten words are broken up into characters by simultaneous segmentation-recognition using HMMs of unique design trained using online features most of which are novel. The HMM output characters boundaries represent the proposed segmentation points (PSP) which are then validated by rules-based post stage without any contextual information help to solve different segmentation errors. The HMM has been designed and tested using a self collected dataset (OHASD) [1]. Most errors cases are cured and remarkable segmentation enhancement is achieved. Very promising word and character segmentation rates are obtained regarding the unconstrained Arabic handwriting difficulty and not using context help.

Keywords: Arabic, Hidden Markov Models, online handwriting, word segmentation

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533 RASPE – Risk Advisory Smart System for Pipeline Projects in Egypt

Authors: Nael Y. Zabel, Maged E. Georgy, Moheeb E. Ibrahim

Abstract:

A knowledge-based expert system with the acronym RASPE is developed as an application tool to help decision makers in construction companies make informed decisions about managing risks in pipeline construction projects. Choosing to use expert systems from all available artificial intelligence techniques is due to the fact that an expert system is more suited to representing a domain’s knowledge and the reasoning behind domain-specific decisions. The knowledge-based expert system can capture the knowledge in the form of conditional rules which represent various project scenarios and potential risk mitigation/response actions. The built knowledge in RASPE is utilized through the underlying inference engine that allows the firing of rules relevant to a project scenario into consideration. Paper provides an overview of the knowledge acquisition process and goes about describing the knowledge structure which is divided up into four major modules. The paper shows one module in full detail for illustration purposes and concludes with insightful remarks.

Keywords: Expert System, Knowledge Management, Pipeline Projects, Risk Mismanagement.

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532 Classifying Bio-Chip Data using an Ant Colony System Algorithm

Authors: Minsoo Lee, Yearn Jeong Kim, Yun-mi Kim, Sujeung Cheong, Sookyung Song

Abstract:

Bio-chips are used for experiments on genes and contain various information such as genes, samples and so on. The two-dimensional bio-chips, in which one axis represent genes and the other represent samples, are widely being used these days. Instead of experimenting with real genes which cost lots of money and much time to get the results, bio-chips are being used for biological experiments. And extracting data from the bio-chips with high accuracy and finding out the patterns or useful information from such data is very important. Bio-chip analysis systems extract data from various kinds of bio-chips and mine the data in order to get useful information. One of the commonly used methods to mine the data is classification. The algorithm that is used to classify the data can be various depending on the data types or number characteristics and so on. Considering that bio-chip data is extremely large, an algorithm that imitates the ecosystem such as the ant algorithm is suitable to use as an algorithm for classification. This paper focuses on finding the classification rules from the bio-chip data using the Ant Colony algorithm which imitates the ecosystem. The developed system takes in consideration the accuracy of the discovered rules when it applies it to the bio-chip data in order to predict the classes.

Keywords: Ant Colony System, DNA chip data, Classification.

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531 Ontology Population via NLP Techniques in Risk Management

Authors: Jawad Makki, Anne-Marie Alquier, Violaine Prince

Abstract:

In this paper we propose an NLP-based method for Ontology Population from texts and apply it to semi automatic instantiate a Generic Knowledge Base (Generic Domain Ontology) in the risk management domain. The approach is semi-automatic and uses a domain expert intervention for validation. The proposed approach relies on a set of Instances Recognition Rules based on syntactic structures, and on the predicative power of verbs in the instantiation process. It is not domain dependent since it heavily relies on linguistic knowledge. A description of an experiment performed on a part of the ontology of the PRIMA1 project (supported by the European community) is given. A first validation of the method is done by populating this ontology with Chemical Fact Sheets from Environmental Protection Agency2. The results of this experiment complete the paper and support the hypothesis that relying on the predicative power of verbs in the instantiation process improves the performance.

Keywords: Information Extraction, Instance Recognition Rules, Ontology Population, Risk Management, Semantic analysis.

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530 The Ethio-Eritrea Claims Commission on Use of Force: Issue of Self-Defense or Violation of Sovereignty

Authors: Isaias Teklia Berhe

Abstract:

A decision that deals with international disputes, be it arbitral or judicial, has to properly reflect objectivity and coherence with existing rules of international law. This paper shows the decision of the Ethio-Eritrea Claims Commission on the jus ad bellum case is bereft of objectivity and coherence, which contributed a disservice to international law on many aspects. The Commission’s decision that holds Eritrea in contravention to Art 2(4) of the UN Charter based on Ethiopia’s contention is flawed. It fails to consider: the illegitimacy of an actual authority established over contested territory through hostile acts, the proper determination of effectivites under international law, the sanctity of colonially determined boundaries, Ethiopia’s prior firm political recognition and undergirds to respect colonial boundary, and Ethio-Eritrea Border Commission’s decision. The paper will also argue that the Commission confused Eritrea’s right of self-defense with the rule against the non-use of force to settle territorial disputes; wherefore its decision sanitizes or sterilizes unlawful change of territory resulted through unlawful use of force to the effect of advantaging aggressions. The paper likewise argues that the decision is so sacrilegious that it disregards the ossified legal finality of colonial boundaries. Moreover, its approach toward armed attack does not reflect the peculiarity of the jus ad bellum case rather it brings about definitional uncertainties and sustains the perception that the law on self-defense is unsettled.

Keywords: Armed attack, self-defense, territorial integrity, use of force.

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529 Underlying Cognitive Complexity Measure Computation with Combinatorial Rules

Authors: Benjapol Auprasert, Yachai Limpiyakorn

Abstract:

Measuring the complexity of software has been an insoluble problem in software engineering. Complexity measures can be used to predict critical information about testability, reliability, and maintainability of software systems from automatic analysis of the source code. During the past few years, many complexity measures have been invented based on the emerging Cognitive Informatics discipline. These software complexity measures, including cognitive functional size, lend themselves to the approach of the total cognitive weights of basic control structures such as loops and branches. This paper shows that the current existing calculation method can generate different results that are algebraically equivalence. However, analysis of the combinatorial meanings of this calculation method shows significant flaw of the measure, which also explains why it does not satisfy Weyuker's properties. Based on the findings, improvement directions, such as measures fusion, and cumulative variable counting scheme are suggested to enhance the effectiveness of cognitive complexity measures.

Keywords: Cognitive Complexity Measure, Cognitive Weight of Basic Control Structure, Counting Rules, Cumulative Variable Counting Scheme.

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528 Evolved Bat Algorithm Based Adaptive Fuzzy Sliding Mode Control with LMI Criterion

Authors: P.-W. Tsai, C.-Y. Chen, C.-W. Chen

Abstract:

In this paper, the stability analysis of a GA-Based adaptive fuzzy sliding model controller for a nonlinear system is discussed. First, a nonlinear plant is well-approximated and described with a reference model and a fuzzy model, both involving FLC rules. Then, FLC rules and the consequent parameter are decided on via an Evolved Bat Algorithm (EBA). After this, we guarantee a new tracking performance inequality for the control system. The tracking problem is characterized to solve an eigenvalue problem (EVP). Next, an adaptive fuzzy sliding model controller (AFSMC) is proposed to stabilize the system so as to achieve good control performance. Lyapunov’s direct method can be used to ensure the stability of the nonlinear system. It is shown that the stability analysis can reduce nonlinear systems into a linear matrix inequality (LMI) problem. Finally, a numerical simulation is provided to demonstrate the control methodology.

Keywords: Adaptive fuzzy sliding mode control, Lyapunov direct method, swarm intelligence, evolved bat algorithm.

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527 Role of Environmental Focus in Legal Protection and Efficient Management of Wetlands in the Republic of Kazakhstan

Authors: K. R. Balabiyev, A. O. Kaipbayeva

Abstract:

The article discusses the legal framework of the government’s environmental function and analyzes the role of the national policy in protection of wetlands. The problem is of interest for it deals with the most important branch of economy – utilization of Kazakhstan’s natural resources, protection of health and environmental wellbeing of the population. Development of a longterm environmental program addressing the protection of wetlands represents the final stage of the government’s environmental policy, and is a relatively new function for the public administration system. It appeared due to the environmental measures that require immediate decisions to be taken. It is an integral part of the effort in the field of management of state-owned natural resource, as well as of the measures aimed at efficient management of natural resources to avoid their early depletion or contamination.

Keywords: Environmental focus, government’s environmental function, protection of wetlands.

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526 Strengthening Legal Protection of Personal Data through Technical Protection Regulation in Line with Human Rights

Authors: Tomy Prihananto, Damar Apri Sudarmadi

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Indonesia recognizes the right to privacy as a human right. Indonesia provides legal protection against data management activities because the protection of personal data is a part of human rights. This paper aims to describe the arrangement of data management and data management in Indonesia. This paper is a descriptive research with qualitative approach and collecting data from literature study. Results of this paper are comprehensive arrangement of data that have been set up as a technical requirement of data protection by encryption methods. Arrangements on encryption and protection of personal data are mutually reinforcing arrangements in the protection of personal data. Indonesia has two important and immediately enacted laws that provide protection for the privacy of information that is part of human rights.

Keywords: Indonesia, protection, personal data, privacy, human rights, encryption.

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525 Enhancing Customer Loyalty towards Corporate Social Responsibility of Thai Mobile Service Providers

Authors: Wichai Onlaor, Siriluck Rotchanakitumnuai

Abstract:

The aim of this research is to develop the understanding of corporate social responsibility (CSR) from consumers- perspective toward Thai mobile service providers. Based on the survey from 400 mobile customers, the result shows that four dimensions of CSR of Thai mobile service providers consist of economic, legal, ethical and philanthropic responsibility. These four CSR factors have positive impacts on enhancing customer satisfaction except one item of economic responsibility - profitability to shareholders. Ethical dimension has the strongest impact on customer satisfaction. Economic, legal, ethical, philanthropic responsibility and customer satisfaction have major impact on loyalty, whilst philanthropic component mostly affects loyalty.

Keywords: Corporate Social Responsibility, PriceFairness, Service Quality, Privacy Concern, CustomerSatisfaction, Customer Loyalty

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524 In Search of New Laws for a Gluten Kingdom

Authors: Mohammed Saleem Tariq

Abstract:

The enthusiasm for gluten avoidance in a growing market is met by improvements in sensitive detection methods for analysing gluten content. Paradoxically, manufacturers employ no such systems in the production process but continue to market their product as gluten free, a significant risk posed to an undetermined coeliac population. This paper resonates with an immunological response that causes gastrointestinal scarring and villous atrophy with the conventional description of personal injury. This thesis divulges into evaluating potential inadequacies of gluten labelling laws which not only present a diagnostic challenge for general practitioners in the UK but it also exposes a less than adequate form of available legal protection to those who suffer adverse reactions as a result of gluten digestion. Central to this discussion is whether a claim brought in misrepresentation, negligence and/or under the Consumer Protection Act 1987 could be sustained. An interesting comparison is then made with the legal regimes of neighboring jurisdictions furthering the theme of a legally un-catered for gluten kingdom.

Keywords: Coeliac, litigation, misrepresentation, negligence.

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523 Multi-Objective Planning and Operation of Water Supply Systems Subject to Climate Change

Authors: B. J. C. Perera, D. A. Sachindra, W. Godoy., A.F. Barton, F. Huang

Abstract:

Many water supply systems in Australia are currently undergoing significant reconfiguration due to reductions in long term average rainfall and resulting low inflows to water supply reservoirs since the second half of the 20th century. When water supply systems undergo change, it is necessary to develop new operating rules, which should consider climate, because the climate change is likely to further reduce inflows. In addition, water resource systems are increasingly intended to be operated to meet complex and multiple objectives representing social, economic, environmental and sustainability criteria. This is further complicated by conflicting preferences on these objectives from diverse stakeholders. This paper describes a methodology to develop optimum operating rules for complex multi-reservoir systems undergoing significant change, considering all of the above issues. The methodology is demonstrated using the Grampians water supply system in northwest Victoria, Australia. Initial work conducted on the project is also presented in this paper.

Keywords: Climate change, Multi-objective planning, Pareto optimal; Stakeholder preference, Statistical downscaling, Water supply systems.

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522 Algebraic Specification of Serializability for Partitioned Transactions

Authors: Walter Hussak, John Keane

Abstract:

The usual correctness condition for a schedule of concurrent database transactions is some form of serializability of the transactions. For general forms, the problem of deciding whether a schedule is serializable is NP-complete. In those cases other approaches to proving correctness, using proof rules that allow the steps of the proof of serializability to be guided manually, are desirable. Such an approach is possible in the case of conflict serializability which is proved algebraically by deriving serial schedules using commutativity of non-conflicting operations. However, conflict serializability can be an unnecessarily strong form of serializability restricting concurrency and thereby reducing performance. In practice, weaker, more general, forms of serializability for extended models of transactions are used. Currently, there are no known methods using proof rules for proving those general forms of serializability. In this paper, we define serializability for an extended model of partitioned transactions, which we show to be as expressive as serializability for general partitioned transactions. An algebraic method for proving general serializability is obtained by giving an initial-algebra specification of serializable schedules of concurrent transactions in the model. This demonstrates that it is possible to conduct algebraic proofs of correctness of concurrent transactions in general cases.

Keywords: Algebraic Specification, Partitioned Transactions, Serializability.

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521 Foreign Elements in the Methodologies of Usul Fiqh: Analyzing the Orientalist Thought

Authors: Ariyanti Mustapha

Abstract:

The development of Islamic jurisprudence since the first century of the hijra has fascinated many orientalists to explore the historiography of Islamic legislation. The practice of usul fiqh began during the lifetime of the Prophet Muhammad and was continued by the companions as the legal reasoning due to the absence of the legal injunction in the Qur’an and Sunnah. The orientalists propagated that the Roman and Jewish legislation were transplanted into Islamic jurisprudence and it was the primary reason for its progression. We used qualitative and comparative methods to analyze the orientalists’ views. Results showed that many erroneous facts were propagated by Goldziher and Schacht by claiming the parallels between the principles, methodologies, and fundamental concepts in Islamic jurisprudence and Roman Provincial law. The orientalists claimed that Islamic jurisprudence was derived from the corpus of Jewish Mishnah and Ha-kol. These judgments are used by the orientalists to prove the inferiority of Islamic jurisprudence. Nevertheless, many evidences have proven that Islamic legislation is capable of developing independently without any foreign transplant.

Keywords: Foreign transplant, ijtihad, orientalist, usul fiqh.

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520 Legal Knowledge of Legislated Employment Rights: An Empirical Study

Authors: Hapriza Ashari, Nik Ahmad Kamal Nik Mahmod

Abstract:

This article aims to assess the level of basic knowledge of statutory employment rights at the workplace as prescribed by the Malaysian Employment Act 1955. The statutory employment rights comprises of a variety of individual employment rights such as protections of wages, statutory right to the general standard of working time, statutory right to rest day, public holidays, annual leave and sick leave as well as female employee’s statutory right to paid maternity leave. A field survey was carried out to collect data by using self-administered questionnaires from Human Resource (HR) practitioners in the small and medium-sized enterprises (SMEs). The results reveal that the level of basic knowledge of legislated employment rights varies between different types of statutory rights from high level to low level.

Keywords: Employment legislation, Human Resource (HR) practitioner, legal knowledge, small and medium-sized enterprises (SMEs).

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519 A Constructive Analysis of the Formation of LGBTQ Families: Where Utopia and Reality Meet

Authors: Panagiotis Pentaris

Abstract:

The issue of social and legal recognition of LGBTQ families is of high importance when exploring the possibility of a family. Of equal importance is the fact that both society and the individual contribute to the overall recognition of LGBTQ families. This paper is a conceptual discussion, by methodology, of both sides; it uses a method of constructive analysis to expound on this issue. This method’s aim is to broaden conceptual theory, and introduce a new relationship between concepts that were previously not associated by evidence. This exploration has found that LGBTQ realities from an international perspective may differ and both legal and social rights are critical toward self-consciousness and the formation of a family. This paper asserts that internalised and historic oppression of LGBTQ individuals, places them, not always and not in all places, in a disadvantageous position as far as engaging with the potential of forming a family goes. The paper concludes that lack of social recognition and internalised oppression are key barriers regarding LGBTQ families.

Keywords: Family, gay, LGBTQ, self-worth, social rights.

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