Search results for: legal discrepancies.
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 254

Search results for: legal discrepancies.

104 Ethical Aspects of the Anti-Doping System Management in Poland and in Global Framework

Authors: Malgorzata Kurleto

Abstract:

This study is trying to analyse the organization of the anti-doping system globally (particularly in Poland). The analysis is going to show the concept of doping, indicating the types of doping, and list of banned substances and methods. The paper discusses ethical aspects of the global anti-doping system. The analysis is focusing on organization of global Anti-Doping Agency. The paper will try to describe the basic assumptions of regulations adopted by WADA, called "standards” as well organization and functioning of the Polish Anti-Doping Agency (including the legal basis: POLADA). The base for this discuss will be the Polish 2018 annual report, which shows the most important assumptions, implementation and the number of anti-doping proceedings conducted in Poland. The aim of this paper is to show ethical arguments on anti-doping management strategies.

Keywords: Anti-doping, ethical dilemmas, sports doping, WADA, POLADA.

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103 Effect of Political and Social Context in Libya on Accounting Information System to Meet Development Needs

Authors: Bubaker F. Shareia, Almuetaz R. Boubakr

Abstract:

The aim of this paper is to show how Libya’s legal, economic, political, social, and cultural systems have shaped Libyan development. This will provide a background to develop an understanding of the current role of the accounting information system in Libya and the challenges facing the design of the aeronautical information system to meet the development needs of Libya. Our knowledge of the unified economic operating systems of the world paves the way for the economic development of every developing country. In order to achieve this understanding, every developing country should be provided with a high-efficiency communications system in order to be able to interact globally. From the point of view of the theory of globalization, Libya's understanding of its socio-economic and political systems is vital in order to be able to adopt and apply accounting techniques that will assist in the economic development of Libya.

Keywords: Accounting, economic development, globalisation theory, information system.

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102 Trust and Reliability for Public Sector Data

Authors: Klaus Stranacher, Vesna Krnjic, Thomas Zefferer

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The public sector holds large amounts of data of various areas such as social affairs, economy, or tourism. Various initiatives such as Open Government Data or the EU Directive on public sector information aim to make these data available for public and private service providers. Requirements for the provision of public sector data are defined by legal and organizational frameworks. Surprisingly, the defined requirements hardly cover security aspects such as integrity or authenticity. In this paper we discuss the importance of these missing requirements and present a concept to assure the integrity and authenticity of provided data based on electronic signatures. We show that our concept is perfectly suitable for the provisioning of unaltered data. We also show that our concept can also be extended to data that needs to be anonymized before provisioning by incorporating redactable signatures. Our proposed concept enhances trust and reliability of provided public sector data.

Keywords: Trusted Public Sector Data, Integrity, Authenticity, Reliability, Redactable Signatures.

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101 A Study on the Planning Criteria of Block-Unit Redevelopment to Improve Residential Environment - Focused on Redevelopment Project in Seoul -

Authors: Hong-Nam Choi, Hyeong-Wook Song, Sungwan Hong, Hong-Kyu Kim

Abstract:

In Korea, elements that decide the quality of residential environment are not only diverse, but show deviation as well. However, people do not consider these elements and instead, they try to settle the uniformed style of residential environment, which focuses on the construction development of apartment housing and business based plans. Recently, block-unit redevelopment is becoming the standout alternative plan of standardize redevelopment projects, but constructions become inefficient because of indefinite planning criteria.

 In conclusion, the following research is about analyzing and categorizing the development method and legal ground of redevelopment project district and plan determinant and applicable standard; the purpose of this study is to become a basis in compatible analysis of planning standards that will happen in the future.

Keywords: Shape Restrictions, Improvement of Reagulation, Diversity of Residential Environment, Classification of Redevelopment Project, Planning Criteria of Redevelopment, Special Architectural District (SAD).

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100 Education in the Constitutions: The Comparison of Turkey with Indonesia, France, Japan, South Africa, and the United States of America

Authors: Mehmet Durnali

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The main purpose of this study is to find out, analyze and discuss basic principles of education and training in the constitutions, including the latest amendment, of France, Indonesia, Japan, South Africa, the United States of America, and Turkey. This research specifically aims at establishing a framework in order to compare educational values such as right of education, responsibilities of states and those of people, and other issues pertaining to education in the Constitution of Turkey to others. Additionally, it emphasizes the meaning of education in constitution, the reasons for references to education in constitutions and why it is important for people, states or nations and state organs. Qualitative analysis technique is performed to accomplish the aim of this study. Maximum variation sampling is used. The main data source of the analysis is official organic laws of those countries. The data is examined by using descriptive and content analysis method.

Keywords: Education in the constitution, education law, legal principles of education, right to education.

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99 Handling Complexity of a Complex System Design: Paradigm, Formalism and Transformations

Authors: Hycham Aboutaleb, Bruno Monsuez

Abstract:

Current systems complexity has reached a degree that requires addressing conception and design issues while taking into account environmental, operational, social, legal and financial aspects. Therefore, one of the main challenges is the way complex systems are specified and designed. The exponential growing effort, cost and time investment of complex systems in modeling phase emphasize the need for a paradigm, a framework and an environment to handle the system model complexity. For that, it is necessary to understand the expectations of the human user of the model and his limits. This paper presents a generic framework for designing complex systems, highlights the requirements a system model needs to fulfill to meet human user expectations, and suggests a graphbased formalism for modeling complex systems. Finally, a set of transformations are defined to handle the model complexity.

Keywords: Higraph-based, formalism, system engineering paradigm, modeling requirements, graph-based transformations.

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98 Strategic Corporate Social Responsibility: Literature Review and Value Chain Activities Filter

Authors: Zeeshan Hamid, Sarwar Mehmood Azhar, Hammad Basir

Abstract:

In today’s era, it is no news that organizations should demonstrate honest conduct as well as ethical administration. Therefore, the concept of corporate social responsibility (subsequently CSR) has created its tag upon the company’s focal point as well as marketing communications, and will continue in the future. The importance of CSR has increased in the last decade, and this concept has attracted global attention. The notion of CSR has strategic significance for many organizations. However, businesses are not adapting the activities of CSR that benefit to all of its stakeholders (including society). The main reason is the practitioners are unfortunately unable to comprehend its importance; and therefore, the activities of the CSR are so detached from the business activities. Hence, it is required to develop an understanding that the activities of CSR are not only beneficial for the society but it also benefit to business. This paper focuses on the concept of strategic CSR, and develops a theoretical framework that will help practitioners to filter and chose the activities of CSR that are strategic in nature.

Keywords: Economic responsibility, ethical responsibility, legal responsibility, philanthropic responsibility, strategic corporate social responsibility, value chain activities filter.

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97 Implementing an Adaptive Behavior for Spread Spectrum Watermarking Procedures

Authors: Franco Frattolillo

Abstract:

The advances in multimedia and networking technologies have created opportunities for Internet pirates, who can easily copy multimedia contents and illegally distribute them on the Internet, thus violating the legal rights of content owners. This paper describes how a simple and well-known watermarking procedure based on a spread spectrum method and a watermark recovery by correlation can be improved to effectively and adaptively protect MPEG-2 videos distributed on the Internet. In fact, the procedure, in its simplest form, is vulnerable to a variety of attacks. However, its security and robustness have been increased, and its behavior has been made adaptive with respect to the video terminals used to open the videos and the network transactions carried out to deliver them to buyers. In fact, such an adaptive behavior enables the proposed procedure to efficiently embed watermarks, and this characteristic makes the procedure well suited to be exploited in web contexts, where watermarks usually generated from fingerprinting codes have to be inserted into the distributed videos “on the fly", i.e. during the purchase web transactions.

Keywords: Copyright protection, digital watermarking, intellectualproperty protection.

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96 Profit and Nonprofit Sports Clubs: Financial and Organizational Comparison in Poland

Authors: Wojciech B. Cieśliński, Igor Perechuda

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The paper identifies the features of Polish sports clubs in the particular organizational forms: profit and nonprofit. Identification and description of these features is carried out in terms of financial efficiency of the given organizational form. Under the terms of the efficiency the research allows you to specify the advantages of particular organizational sports club form and the following limitations. Paper considers features of sports clubs in range of Polish conditions as legal regulations. The sources of the functioning efficiency of sports clubs may lie in the organizational forms in which they operate. Each of the available forms can be considered either a for-profit or nonprofit enterprise. Depending on this classification there are different capabilities of increasing organizational and financial efficiency of a given sports club. Authors start with general classification and difference between for-profit and non-profit sport clubs. Next identifies specific financial and organizational conditions of both organizational form and then show examples of mixed activity forms and their efficiency effect.

Keywords: Financial efficiency, for-profit, non-profit, sports club.

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95 A Critical Review on the Development of a Theoretical Framework for Managing Environmental Impacts of Construction Project

Authors: Sami Mustafa M. E. Ahmed, Noor Amila Wan Abdullah Zawawi, Zulkipli B. Ghazali

Abstract:

Construction industry is considered as one of the main contributor of natural resources depletion, responsible for high level pollution and it is one of the attributes that pose climate changes and other environmental threats. A lot of efforts had and have been done to reduce and control these impacts. Project Environmental Management (PEM) includes the processes required to ensure that the impacts of the project execution to the surrounding environment will remain within the limits stated in legal permits. The main aim of most of researches conducted managing Environmental Impacts (EI) is to protect earth planet from pollution. Those researches are presenting four major environmental elements; Environmental Management Systems (EMS), Environmental Design (ED), Environmental Planning (EP) and Environmental Impacts Assessments (EIA). Although everything has been said about environmental management for construction projects, but almost everything remains to be said and therefore to be explored or rediscovered because incontestably, almost everything remains to be done. This paper aimed at reviewing some of what has been said about PEM. Also one of its objectives is to explore and rediscover the whole view of managing the EI problems by proposing a framework that based on the relation between these environmental researches.

Keywords: Environmental planning, sustainable design, EIA and EMS.

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94 The Role of the Urban Renewal Projects on the Reshaping of the Cities: İzmir (Turkey) Case

Authors: Sibel Ecemis Kiliç, Neslihan Karatas

Abstract:

The concept of urban transformation came about through interventions aimed at bringing socially and economically problematic areas of cities into use. The issue of urban transformation arose frequently during the post-2000 period in particular, and legal regulations on this matter were also developed in Turkey. Urban transformation project would be a focal point for the formation of the city in the near future. Izmir, which is third largest city of Turkey, is an important trade and port city. But, assessment of the current situation shows that, the majority of existing residential areas was formed with squatters and unplanned settlements in Izmir city center. Therefore an important part of these areas have significant problems in terms of the quality of life, safety and environmental quality. In this study, the central policies in Turkey and local policies in Đzmir about urban transformation will be considered. In addition, urban renewal projects that are being implemented in Izmir were discussed and suggestions will be developed in accordance with this policy.

Keywords: urban transformation, urban renewal projects, Izmir, urban planning.

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93 Developing an Audit Quality Model for an Emerging Market

Authors: Bita Mashayekhi, Azadeh Maddahi, Arash Tahriri

Abstract:

The purpose of this paper is developing a model for audit quality, with regard to the contextual and environmental attributes of the audit profession in Iran. For this purpose, using an exploratory approach, and because of the special attributes of the auditing profession in Iran in terms of the legal environment, regulatory and supervisory mechanisms, audit firms size, and etc., we used grounded theory approach as a qualitative research method. Therefore, we got the opinions of the experts in the auditing and capital market areas through unstructured interviews. As a result, the authors revealed the determinants of audit quality, and by using these determinants, developed an Integrated Audit Quality Model, including causal conditions, intervening conditions, context, as well as action strategies related to AQ and their consequences. In this research, audit quality is studied using a systemic approach. According to this approach, the quality of inputs, processes, and outputs of auditing determines the quality of auditing, therefore, the quality of all different parts of this system is considered.

Keywords: Audit quality, integrated audit quality model, audit supply, demand for audit service, grounded theory.

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92 The Link between Money Market and Economic Growth in Nigeria: Vector Error Correction Model Approach

Authors: Ehigiamusoe, Uyi Kizito

Abstract:

The paper examines the impact of money market on economic growth in Nigeria using data for the period 1980-2012. Econometrics techniques such as Ordinary Least Squares Method, Johanson’s Co-integration Test and Vector Error Correction Model were used to examine both the long-run and short-run relationship. Evidence from the study suggest that though a long-run relationship exists between money market and economic growth, but the present state of the Nigerian money market is significantly and negatively related to economic growth. The link between the money market and the real sector of the economy remains very weak. This implies that the market is not yet developed enough to produce the needed growth that will propel the Nigerian economy because of several challenges. It was therefore recommended that government should create the appropriate macroeconomic policies, legal framework and sustain the present reforms with a view to developing the market so as to promote productive activities, investments, and ultimately economic growth.

Keywords: Economic Growth, Investments, Money Market, Money Market Challenges, Money Market Instruments.

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91 Preparation a Study on the Use of the Resident Registration Number and Alternatives for RRN

Authors: Hyejin Pak, Changsoo Kim, Healahng Choi

Abstract:

The resident registration number was adopted for the purposes of enhanced services for resident convenience and effective performance of governmental administrative affairs. However, it has been used for identification purposes customarily and irrationally in line with the development and spread of the Internet. In response to the growing concern about the leakage of collected RRNs and possible abuses of stolen RRNs, e.g. identity theft, for crimes, the Korean Communications Commission began to take legal/regulatory actions in 2011 to minimize the online collection and use of resident registration numbers. As the use of the RRN was limited after the revision of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., online business providers were required to have alternatives to the RRN for the purpose of identifying the user's identity and age, in compliance with the law, and settling disputes with customers. This paper presents means of verifying the personal identity by taking advantage of the commonly used infrastructure and simply replacing personal information entered and stored, without requiring users to enter their RRNs.

Keywords: Resident Registration Numbers(RRNs), Alternative identification for RRNs.

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90 Opportunities and Optimization of the Our Eyes Initiative as the Strategy for Counter-Terrorism in ASEAN

Authors: Chastiti Mediafira Wulolo, Tri Legionosuko, Suhirwan, Yusuf

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Terrorism and radicalization have become a common threat to every nation in this world. As a part of the asymmetric warfare threat, terrorism and radicalization need a complex strategy as the problem solver. One such way is by collaborating with the international community. The Our Eyes Initiative (OEI), for example, is a cooperation pact in the field of intelligence information exchanges related to terrorism and radicalization initiated by the Indonesian Ministry of Defence. The pact has been signed by Indonesia, Philippines, Malaysia, Brunei Darussalam, Thailand, and Singapore. This cooperation mostly engages military acts as a central role, but it still requires the involvement of various parties such as the police, intelligence agencies and other government institutions. This paper will use a qualitative content analysis method to address the opportunity and enhance the optimization of OEI. As the result, it will explain how OEI takes the opportunities as the strategy for counter-terrorism by building it up as the regional cooperation, building the legitimacy of government and creating the legal framework of the information sharing system.

Keywords: Our Eyes Initiative, terrorism, counter-terrorism, ASEAN, cooperation, strategy.

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89 Study on Environmental Statement for Home Appliances at Online Stores in Japan

Authors: Syuichi Kubota, Kayoko Yamamoto

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This study aims to identify the current situation and problems of environmental statement for major four home appliances (refrigerators, washing machines, air conditioners and television receivers) sold at online stores in Japan, and then to suggest how to improve the situation, through a questionnaire survey conducted among businesses that operate online stores and online malls with multiple online stores. Results of the study boil down to: (1) It is found out that environmental statement for the home appliances at online stores have four problems; (i) less information on “three Rs" and “chemical substances" than the one on “energy conservation", (ii) cost for providing environmental statement, (iii) issues associated with a label and mark placement, and (iv) issues associated with energy conservation statement. (2) Improvements are suggested for each of the four problems listed above, and shown are (i) the effectiveness of, and need to promote, a label and mark placement, (ii) cost burden on buyers, and (iii) need of active efforts made by businesses and of dissemination of legal regulations to businesses.

Keywords: Home Appliances, Environmentally-FriendlyProduct, Environmental Statement, Online Store, Japan.

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88 An Assessment of Technological Competencies on Professional Service Firms Business Performance

Authors: Sulaiman Ainin, Yusniza Kamar ulzaman, Abdul Ghani Farinda

Abstract:

This study was initiated with a three prong objective. One, to identify the relationship between Technological Competencies factors (Technical Capability, Firm Innovativeness and E-Business Practices and professional service firms- business performance. To investigate the predictors of professional service firms business performance and finally to evaluate the predictors of business performance according to the type of professional service firms, a survey questionnaire was deployed to collect empirical data. The questionnaire was distributed to the owners of the professional small medium size enterprises services in the Accounting, Legal, Engineering and Architecture sectors. Analysis showed that all three Technology Competency factors have moderate effect on business performance. In addition, the regression models indicate that technical capability is the most highly influential that could determine business performance, followed by e-business practices and firm innovativeness. Subsequently, the main predictor of business performance for all types of firms is Technical capability.

Keywords: technology competency, technology capability, innovativeness, E-business practice

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87 An Experimental Study on Development of the Connection System of Concrete Barriers Applicable to Modular Bridge

Authors: Seung-Kyung Kye, Sang-Seung Lee, Dooyong Cho, Sun-Kyu Park

Abstract:

Although many studies on the assembly technology of the bridge construction have dealt mostly with on the pier, girder or the deck of the bridge, studies on the prefabricated barrier have rarely been performed. For understanding structural characteristics and application of the concrete barrier in the modular bridge, which is an assembly of structure members, static loading test was performed. Structural performances as a road barrier of the three methods, conventional cast-in-place(ST), vertical bolt connection(BVC) and horizontal bolt connection(BHC) were evaluated and compared through the analyses of load-displacement curves, strain curves of the steel, concrete strain curves and the visual appearances of crack patterns. The vertical bolt connection(BVC) method demonstrated comparable performance as an alternative to conventional cast-in-place(ST) while providing all the advantages of prefabricated technology. Necessities for the future improvement in nuts enforcement as well as legal standard and regulation are also addressed.

Keywords: Modular Bridge, Concrete Barrier, Bolt Connection

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86 Managing an Acute Pain Unit Based on the Balanced Scorecard

Authors: Helena Costa Oliveira, Carmem Oliveira, Rita Moutinho

Abstract:

The Balanced Scorecard (BSC) is a continuous strategic monitoring model focused not only on financial issues but also on internal processes, patients/users, and learning and growth. Initially dedicated to business management, it currently serves organizations of other natures - such as hospitals. This paper presents a BSC designed for a Portuguese Acute Pain Unit (APU). This study is qualitative and based on the experience of collaborators at the APU. The management of APU is based on four perspectives – users, internal processes, learning and growth, and financial and legal. For each perspective, there were identified strategic objectives, critical factors, lead indicators and initiatives. The strategic map of the APU outlining sustained strategic relations among strategic objectives. This study contributes to the development of research in the health management area as it explores how organizational insufficiencies and inconsistencies in this particular case can be addressed, through the identification of critical factors, to clearly establish core outcomes and initiatives to set up.

Keywords: Acute pain unit, balanced scorecard, hospital management, organizational performance, Portugal.

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85 Barriers and Drivers towards the Use of Childhood Vaccination Services by Undocumented Migrant Caregivers in Sabah, Malaysia: A Qualitative Analysis

Authors: Michal Christina Steven, Mohd. Yusof Hj Ibrahim, Haryati Abdul Karim, Prabakaran Dhanaraj, Kelly Alexius Mansin

Abstract:

After 27 years, Malaysia reported polio cases in 2019 involving the children of the undocumented migrants living in Sabah. These undocumented migrants present a significant challenge in achieving the elimination of vaccine-preventable diseases (VPD). Due to the recent polio outbreak among the undocumented migrant children in Sabah, an in-depth interview was conducted among the caregivers of undocumented migrant children to identify the barriers and drivers towards vaccinating their children. Financial barriers, legal citizenship status, language barrier, the COVID-19 pandemic, and physical barriers have been the barriers to access vaccination services by undocumented migrants. Five significant drivers for undocumented migrants to vaccinate their children are social influence, fear of disease, parental trust in healthcare providers, good support, and vaccine availability. Necessary action should be taken immediately to address the problems of vaccinating the children of undocumented migrants to prevent the re-emergence of VPD.

Keywords: Malaysia, polio, Sabah, undocumented migrants.

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84 Diversity Management of Gender, Age and Disability in the Banking Sector in the Kingdom of Saudi Arabia

Authors: Nada Azhar

Abstract:

As a developing country, The Kingdom of Saudi Arabia (KSA) needs to make the best possible use of its workforce for social and economic reasons. The workforce is diverse, calling for appropriate diversity management (DM). The thesis focuses on the banking sector in KSA. To date, there have been no studies on DM in the banking sector in this country. Many organizations have introduced specific policies and programmes to improve the recruitment, inclusion, promotion, and retention of diverse employees, in addition to the legal requirements existing in many countries. However, Western-centric models of DM may not be applicable, at least not in their entirety, in other regions.

The aim of the study is to devise a framework for understanding gender, age and disability DM in the banking sector in KSA in order to enhance DM in this sector. A sample of 24 managers, 2 from each of the 12 banks, was interviewed to obtain their views on DM in the banking sector in KSA. Thematic analysis was used to analyze the data. These themes were used to develop the questionnaire, which was administered to 10 managers in each of the 12 banks. After analysis of these data, and completion of the study, the research will make a theoretical contribution to the knowledge on DM and a practical contribution to the management of diversity in Saudi banks. This paper concerns a work in progress.

Keywords: Age, disability, diversity, gender, Kingdom of Saudi Arabia.

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83 Does the Adoption of IFRS Influence Earnings Management towards Small Positive Profits? Evidence from Emerging Markets

Authors: Sawcen Chebaane, Hakim Ben Othman

Abstract:

This paper investigates the effect of International Financial Reporting Standards (IFRS) adoption on the frequency of earnings managements towards small positive profits. We focus on two emerging markets IFRS adopters: South Africa and Turkey. We tested our logistic regression using appropriate panelestimation techniques over a sample of 330 South African and 210 Turkish firm-year observations over the period 2002-2008. Our results document that mandatory adoption of IFRS is not associated with a reduction in earnings management towards small positive profits in emerging markets. These results contradict most of the previous findings of the studies conducted in developed countries. Based on the legal system factor, we compare the intensity of earnings management between a code law country (Turkey) and a common law country (South Africa) over the pre and post-adoption periods. Our findings show that the frequency of such earnings management practice increases significantly for the code law country.

Keywords: Civil law, common law, emerging markets, Mandatory IFRS adoption, small positive profits.

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82 Simulation Model for Predicting Dengue Fever Outbreak

Authors: Azmi Ibrahim, Nor Azan Mat Zin, Noraidah Sahari Ashaari

Abstract:

Dengue fever is prevalent in Malaysia with numerous cases including mortality recorded over the years. Public education on the prevention of the desease through various means has been carried out besides the enforcement of legal means to eradicate Aedes mosquitoes, the dengue vector breeding ground. Hence, other means need to be explored, such as predicting the seasonal peak period of the dengue outbreak and identifying related climate factors contributing to the increase in the number of mosquitoes. Simulation model can be employed for this purpose. In this study, we created a simulation of system dynamic to predict the spread of dengue outbreak in Hulu Langat, Selangor Malaysia. The prototype was developed using STELLA 9.1.2 software. The main data input are rainfall, temperature and denggue cases. Data analysis from the graph showed that denggue cases can be predicted accurately using these two main variables- rainfall and temperature. However, the model will be further tested over a longer time period to ensure its accuracy, reliability and efficiency as a prediction tool for dengue outbreak.

Keywords: dengue fever, prediction, system dynamic, simulation

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81 The Role of the Injured Party's Fault in the Apportionment of Damages in Tort Law: A Comparative-Historical Study between Common Law and Islamic Law

Authors: Alireza Tavakolinia

Abstract:

In order to understand the role of the injured party's fault in dividing liability, we studied its historical background. In common law, the traditional contributory negligence rule was a complete defense. Then the legislature and judicial procedure modified that rule to one of apportionment. In Islamic law, too, the Action rule was at first used when the injured party was the sole cause, but jurists expanded the scope of this rule, so this rule was used in cases where both the injured party's fault and that of the other party are involved. There are some popular approaches for apportionment of damages. Some common law countries like Britain had chosen ‘the causal potency approach’ and ‘fixed apportionment’. Islamic countries like Iran have chosen both ‘the relative blameworthiness’ and ‘equal apportionment’ approaches. The article concludes that both common law and Islamic law believe in the division of responsibility between a wrongdoer claimant and the defendant. In contrast, in the apportionment of responsibility, Islamic law mostly believes in equal apportionment that is way easier and saves time and money, but common law legal systems have chosen the causal potency approach which is more complicated than the rival approach but is fairer.

Keywords: Contributory negligence, common law, Islamic Law, Tort Law.

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80 Enforcement of Decisions of Ombudsmen and the South African Public Protector: Muzzling the Watchdogs

Authors: Roxan Venter

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Ombudsmen often face the challenge of a lack of authority to have their decisions and recommendations enforced. This lack of authority may be seen as one of the major obstacles in the way of the effectiveness of the institutions of Ombudsman and also the South African Public Protector. The paper will address the current legal position in South Africa with regard to the status of the decisions and recommendations of the South African Public Protector and the enforcement thereof. In addition, the paper will compare the South African position with the experiences of other jurisdictions, including Scandinavian countries like Sweden, Denmark and Norway, but also New Zealand and Northern Ireland, with regard to the enforcement of the decisions of Ombudsmen. Finally, the paper will make recommendations with regard to the enhancement of the power and authority of Ombudsmen in order to effectively enforce their decisions. It is submitted that the creation of the office of Ombudsman, and the Public Protector in the South African system, is an essential tool to ensure the protection of society against governmental abuse of power and it is therefore imperative to ensure that these watchdogs of democracy are not muzzled by a lack of powers of enforcement.

Keywords: Enforcement of decisions of Ombudsmen, Governmental control, Ombudsman, South African Public Protector.

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79 A Short Glimpse to Environmental Management at Alborz Integrated Land and Water Management Project-Iran

Authors: Zahra Morshedi

Abstract:

Environmental considerations have become an integral part of developmental thinking and decision making in many countries. It is growing rapidly in importance as a discipline of its own. Preventive approaches have been used at the evolutional process of environmental management as a broad and dynamic system for dealing with pollution and environmental degradation. In this regard, Environmental Assessment as an activity for identification and prediction of project’s impacts carried out in the world and its legal significance dates back to late 1960. In Iran, according to the Article 2 of Environmental Protection Act, Environmental Impact Assessment (EIA) should be prepared for seven categories of project. This article has been actively implementing by Department of Environment at 1997. World Bank in 1989 attempted to introducing application of Environmental Assessment for making decision about projects which are required financial assistance in developing countries. So, preparing EIA for obtaining World Bank loan was obligated. Alborz Project is one of the World Bank Projects in Iran which is environmentally significant. Seven out of ten W.B safeguard policies were considered at this project. In this paper, Alborz project, objectives, safeguard policies and role of environmental management will be elaborated

Keywords: AILWMP, EIA, Environmental Management, Safeguard Policies.

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78 Transformation of Industrial Policy towards Industry 4.0 and Its Impact on Firms' Competition

Authors: Arūnas Burinskas

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Although Europe is on the threshold of a new industrial revolution called Industry 4.0, many believe that this will increase the flexibility of production, the mass adaptation of products to consumers and the speed of their service; it will also improve product quality and dramatically increase productivity. However, as expected, all the benefits of Industry 4.0 face many of the inevitable changes and challenges they pose. One of them is the inevitable transformation of current competition and business models. This article examines the possible results of competitive conversion from the classic Bertrand and Cournot models to qualitatively new competition based on innovation. Ability to deliver a new product quickly and the possibility to produce the individual design (through flexible and quickly configurable factories) by reducing equipment failures and increasing process automation and control is highly important. This study shows that the ongoing transformation of the competition model is changing the game. This, together with the creation of complex value networks, means huge investments that make it particularly difficult for small and medium-sized enterprises. In addition, the ongoing digitalization of data raises new concerns regarding legal obligations, intellectual property, and security.

Keywords: Bertrand and Cournot Competition, competition model, Industry 4.0, industrial organization, monopolistic competition.

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77 The European Legislation on End-of-Waste

Authors: Claudio D'Alonzo

Abstract:

According to recent tendencies, progress on resource efficiency is possible and it will lead to economic, environmental, and social benefits. The passage to a circular economy system, in which all the materials and energy will maintain their value for as long as possible, waste is reduced and only a few resources are used, is one of the most relevant parts of the European Union's environmental policy to develop a sustainable, competitive and low-carbon economy. The concept of circular economy is to be found in Decision 1386/2013/EU of the European Parliament and of the Council on a General Union Environment Action Programme to 2020 named “Living well, within the limits of our planet”. To modernise waste management systems in the Union and to consolidate the European model as one of the most effective in the world, a revised waste legislative framework entered into force in July 2018. Regarding the Italian legislation, the laws to be modified are the Legislative Decree 3 April 2006, n. 152 and the laws ruling waste management, end-of-waste, by-products and, the regulatory principles regarding circular economy. European rules on end-of-waste are not fully harmonised and so there are legal challenges. The target to be achieved is full consistency between the laws implementing waste and chemicals policies. Only in this way, materials will be safe, fit-for-purpose and designed for durability; additionally, they will have a low environmental impact.

Keywords: Circular economy, end-of-waste, legislation, secondary raw materials.

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76 Design of Walking Beam Pendle Axle Suspension System

Authors: K. Arunachalam, P. Mannar Jawahar

Abstract:

This paper deals with design of walking beam pendel axle suspension system. This axles and suspension systems are mainly required for transportation of heavy duty and Over Dimension Consignment (ODC) cargo, which is exceeding legal limit in terms of length, width and height. Presently, in Indian transportation industry, ODC movement growth rate has increased in transportation of bridge sections (pre-cast beams), transformers, heavy machineries, boilers, gas turbines, windmill blades etc. However, current Indian standard road transport vehicles are facing lot of service and maintenance issues due to non availability of suitable axle and suspension to carry the ODC cargoes. This in turn will lead to increased number of road accidents, bridge collapse and delayed deliveries, which finally result in higher operating cost. Understanding these requirements, this work was carried out. These axles and suspensions are designed for optimum self – weight with maximum payload carrying capacity with better road stability.

Keywords: Heavy duty trailer, Off–highway trucks, Over dimension cargo, Walking beam pendel axle suspension.

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75 The Effectiveness of National Fiscal Rules in the Asia-Pacific Countries

Authors: Chiung-Ju Huang, Yuan-Hong Ho

Abstract:

This study utilizes the International Monetary Fund (IMF) Fiscal Rules Dataset focusing on four specific fiscal rules such as expenditure rule, revenue rule, budget balance rule, and debt rule and five main characteristics of each fiscal rule those are monitoring, enforcement, coverage, legal basis, and escape clause to construct the Fiscal Rule Index for nine countries in the Asia-Pacific region from 1996 to 2015. After constructing the fiscal rule index for each country, we utilize the Panel Generalized Method of Moments (Panel GMM) by using the constructed fiscal rule index to examine the effectiveness of fiscal rules in reducing procyclicality. Empirical results show that national fiscal rules have a significantly negative impact on procyclicality of government expenditure. Additionally, stricter fiscal rules combined with high government effectiveness are effective in reducing procyclicality of government expenditure. Results of this study indicate that for nine Asia-Pacific countries, policymakers’ use of fiscal rules and government effectiveness to reducing procyclicality of fiscal policy are effective.

Keywords: Counter-cyclical policy, fiscal rules, government effectiveness, procyclical policy.

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