Search results for: legal knowledge
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 2060

Search results for: legal knowledge

2060 Legal Education as Forming Factor of Legal Culture in Kazakhstan Modern Society

Authors: M. Karassartova, D. Shormanbayeva, A. Beissenova, S.Balshikeyev

Abstract:

Forming a legal culture among citizens is a complicated and lengthy process, influencing all spheres of social life. It includes promoting justice, learning rights and duties, the introduction of juridical norms and knowledge, and also a process of developing a system of legal acts and constitutional norms. Currently, the evaluative and emotional influence of attempts to establish a legal culture among the citizens of Kazakhstan is limited by real legal practice. As a result, the values essential to a sound civil society are absent from the consciousness of the Kazakh people who are thus, in turn, not able to develop respect for these values. One of the disadvantages of the modern Kazakh educational system is a tendency to underrate the actual forces shaping the worldview of Kazakh youths. The mass-media, which are going through a personnel crisis, cannot provide society with the legal and political information necessary to form the sort of legal culture required for a true civil society.

Keywords: Kazakhstan society, Legal education, legal culture.

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2059 The Linguistic and Legal Term

Authors: Adam Niewiadomski

Abstract:

The research objective of the project and article “The Linguistic and Legal Term "Real Estate" in the Polish Law and Literature” is characteristic of legal regulations in contemporary countries is the abundance of legal definitions, which are, in fact, formulated separately for the needs of each legal act. This situation does not create favourable conditions for comprehensibility and effectiveness of the law created. The definition mess leads to various interpretations of the same legal circumstances and does not support normal business trading. It needs to be pointed out that using numerous references within a legal act and to other legal acts results in new legal definitions being created for the needs of a given decision by the authority which issues the decision in question. Such interpretation freedom may lead to the law being misused, not to mention being instrumentalised.

Keywords: Real estate, linguistic, legal term.

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2058 Legal Awareness of Surakarta Local Government Officer to Law Number 12 Year 2006 on Citizenship in Vanishing Civic Discrimination to Chinese Indonesians

Authors: Triyanto

Abstract:

The purposes of the paper are to know and improve the legal awareness of Surakarta local government officer to Law No.12/2006 on Citizenship in vanishing civic discrimination to Chinese Indonesians. Some issues of the Chinese Indonesian are the definitions of Indonesian citizens and native Indonesian people or “warga negara Indonesia (WNI) asli" and their obligation to show Indonesian Citizenship Certificate (SBKRI) in processing civil documents. Legal awareness of Surakarta local government officer can be categorized as “legal knowledge" only. They know the laws but they do not implement it yet. Nevertheless, at least this research has given the new awareness in citizenship law for the officers.

Keywords: Legal Awareness, Government Officer, Civic Discrimination, Chinese Indonesians

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2057 Curbing Abuses of Legal Power in the Society

Authors: Tajudeen Ojo Ibraheem

Abstract:

In a world characterized by greed and the lust for power and its attendant trappings, abuse of legal power is nothing new to most of us. Legal abuses of power abound in all fields of human endeavour. Accounts of such abuses dominate the mass media and for the average individual, no single day goes by without his getting to hear about at least one such occurrence. This paper briefly looks at the meaning of legal power, what legal abuse is all about, its causes, and some of its manifestations in the society. Its consequences will also be discussed and some suggestions for reform will be made. In the course of the paper, references will be made to various jurisdictions around the world.

Keywords: Abuse, legal, power, society.

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2056 Ethics in the Technology Driven Enterprise

Authors: Bobbie Green, James A. Nelson

Abstract:

Innovations in technology have created new ethical challenges. Essential use of electronic communication in the workplace has escalated at an astronomical rate over the past decade. As such, legal and ethical dilemmas confronted by both the employer and the employee concerning managerial control and ownership of einformation have increased dramatically in the USA. From the employer-s perspective, ownership and control of all information created for the workplace is an undeniable source of economic advantage and must be monitored zealously. From the perspective of the employee, individual rights, such as privacy, freedom of speech, and freedom from unreasonable search and seizure, continue to be stalwart legal guarantees that employers are not legally or ethically entitled to abridge in the workplace. These issues have been the source of great debate and the catalyst for legal reform. The fine line between ethical and legal has been complicated by emerging technologies. This manuscript will identify and discuss a number of specific legal and ethical issues raised by the dynamic electronic workplace and conclude with suggestions that employers should follow to respect the delicate balance between employees- legal rights to privacy and the employer's right to protect its knowledge systems and infrastructure.

Keywords: Information, ethics, legal, privacy

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2055 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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2054 Evaluation of a Hybrid Knowledge-Based System Using Fuzzy Approach

Authors: Kamalendu Pal

Abstract:

This paper describes the main features of a knowledge-based system evaluation method. System evaluation is placed in the context of a hybrid legal decision-support system, Advisory Support for Home Settlement in Divorce (ASHSD). Legal knowledge for ASHSD is represented in two forms, as rules and previously decided cases. Besides distinguishing the two different forms of knowledge representation, the paper outlines the actual use of these forms in a computational framework that is designed to generate a plausible solution for a given case, by using rule-based reasoning (RBR) and case-based reasoning (CBR) in an integrated environment. The nature of suitability assessment of a solution has been considered as a multiple criteria decision-making process in ASHAD evaluation. The evaluation was performed by a combination of discussions and questionnaires with different user groups. The answers to questionnaires used in this evaluations method have been measured as a fuzzy linguistic term. The finding suggests that fuzzy linguistic evaluation is practical and meaningful in knowledge-based system development purpose. 

Keywords: Case-based reasoning, decision-support system, fuzzy linguistic term, rule-based reasoning, system evaluation.

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2053 Legal Arrangement on Media Ownership and the Case of Turkey

Authors: Sevil Yıldız

Abstract:

In this study, we will touch upon the legal arrangements issued in Turkey for prevention of condensation and for ensuring pluralism in the media. We will mention the legal arrangements concerning the regulatory and supervisory authority, namely the Radio and Television Supreme Council, for the visual and auditory media. In this context; the legal arrangements, which have been introduced by the Law No 6112 on the Establishment of Radio and Television Enterprises and Their Media Services in relation to the media ownership, will be reviewed through comparison with the Article 29 of the repealed Law No 3984.

Keywords: Media ownership, legal arrangements, the case for Turkey.

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2052 Knowledge Relationship Model among User in Virtual Community

Authors: Fariba Haghbin, Othman Bin Ibrahim, Mohammad Reza Attarzadeh Niaki

Abstract:

With the development of virtual communities, there is an increase in the number of members in Virtual Communities (VCs). Many join VCs with the objective of sharing their knowledge and seeking knowledge from others. Despite the eagerness of sharing knowledge and receiving knowledge through VCs, there is no standard of assessing ones knowledge sharing capabilities and prospects of knowledge sharing. This paper developed a vector space model to assess the knowledge sharing prospect of VC users.

Keywords: Knowledge sharing network, Virtual community, knowledge relationship, Vector Space Model.

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2051 The Need for a More Robust Legal Framework to Curb the Rise in Violence against Game Officials

Authors: A. Roomy

Abstract:

The dramatic rise in violence against game officials has affected all levels of sports including recreational, amateur, and professional sports. One way to combat this rise in violence is through the creation of laws specifically aimed at preventing and punishing this kind of violence. This paper will use related legal cases as a starting point to explore possible ways of better protecting the safety of game officials. It will do this by looking at relevant cases, related legal issues, and two specific ways of reducing violence against game officials. In closing, it will be argued that there needs to be a more robust legal approach with emphasis on criminal and civil penalties for assault and battery, and a more comprehensive social approach with emphasis on raising social awareness on the need to protect game officials from violence.

Keywords: Violence, game officials, legal issues, protection.

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2050 Analysis of Investment in Knowledge inside OECD Countries

Authors: JunSeok Hwang, Mohsen Gerami

Abstract:

Knowledge is the foundation for growth and development. Investment in knowledge improves new method for originate knowledge society and knowledge economy. Investment in knowledge embraces expenditure on education and R&D and software. Measuring of investment in knowledge is characteristically complicated. We examine the influence of investment in knowledge in multifactor productivity growth and numbers of patent. We analyze the annual growth of investment in knowledge and we estimate portion of each country intended for produce total investment in knowledge on the whole OECD. We determine the relative efficiency of average patent numbers with average investment in knowledge and we compare GDP growth rates and growth of knowledge investment. The main purpose in this paper is to study to evaluate different aspect, influence and output of investment in knowledge in OECD countries.

Keywords: Knowledge, GDP, Multifactor productivity, Investment, efficiency.

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2049 An Owl Ontology for Commonkads Template Knowledge Models

Authors: B. A. Gobin, R. K. Subramanian

Abstract:

This paper gives an overview of how an OWL ontology has been created to represent template knowledge models defined in CML that are provided by CommonKADS. CommonKADS is a mature knowledge engineering methodology which proposes the use of template knowledge model for knowledge modelling. The aim of developing this ontology is to present the template knowledge model in a knowledge representation language that can be easily understood and shared in the knowledge engineering community. Hence OWL is used as it has become a standard for ontology and also it already has user friendly tools for viewing and editing.

Keywords: Ontology, OWL, Template Knowledge Models, CommonKADS

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2048 Legal Basis for Water Resources Management in Brazil: Case Study of the Rio Grande Basin

Authors: Janaína F. Guidolini, Jean P. H. B. Ometto, Angélica Giarolla, Peter M. Toledo, Carlos A. Valera

Abstract:

The water crisis, a major problem of the 21st century, occurs mainly due to poor management. The central issue that should govern the management is the integration of the various aspects that interfere with the use of water resources and their protection, supported by legal basis. A watershed is a unit of water interacting with the physical, biotic, social, economic and cultural variables. The Brazilian law recognized river basin as the territorial management unit. Based on the diagnosis of the current situation of the water resources of the Rio Grande Basin, a discussion informed in the Brazilian legal basis was made to propose measures to fight or mitigate damages and environmental degradation in the Basin. To manage water resources more efficiently, conserve water and optimize their multiple uses, the integration of acquired scientific knowledge and management is essential. Moreover, it is necessary to monitor compliance with environmental legislation.

Keywords: Conservation of soil and water, river basin, sustainability, water governance.

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2047 How to Improve Teaching and Learning Strategies through Educational Research: An Experience of Peer Observation in Legal Education

Authors: L. Mortari, A. Bevilacqua, R. Silva

Abstract:

The experience presented in this paper aims to understand how educational research can support the introduction and optimization of teaching innovations in legal education. In this increasingly complex context, a strong need to introduce paths aimed at acquiring not only professional knowledge and skills but also reflective, critical and problem-solving skills emerges. Through a peer observation intertwined with an analysis of discursive practices, researchers and the teacher worked together through a process of participatory and transformative accompaniment whose objective was to promote the active participation and engagement of students in learning processes, an element indispensable to work in the more specific direction of strengthening key competences. This reflective faculty development path led the teacher to activate metacognitive processes, becoming thus aware of the strengths and areas of improvement of his teaching innovation.

Keywords: Discursive analysis, faculty development, legal education, peer observation, teaching innovation.

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2046 Knowledge Modelling for a Hotel Recommendation System

Authors: B. A. Gobin, R. K. Subramanian

Abstract:

Knowledge modelling, a main activity for the development of Knowledge Based Systems, have no set standards and are mostly done in an ad hoc way. There is a lack of support for the transition from abstract level to implementation. In this paper, a methodology for the development of the knowledge model, which is inspired by both Software and Knowledge Engineering, is proposed. Use of UML which is the de-facto standard for modelling in the software engineering arena is explored for knowledge modelling. The methodology proposed, is used to develop a knowledge model of a knowledge based system for recommending suitable hotels for tourists visiting Mauritius.

Keywords: Domain Modelling, Knowledge Based Systems, Knowledge Modelling, UML.

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2045 Knowledge Management Model for Modern Retail Business: A Conceptual Framework

Authors: M. W. Yip, H. H. Ng, S. Din, N. Abu Bakar

Abstract:

This paper reviewed the relationships between the Knowledge Management (KM) activities and its perceived benefits in the knowledge based organisations. KM activities include: knowledge identification, knowledge acquisition, knowledge application, knowledge sharing, knowledge creation and knowledge preservation. And the perceived benefits of KM are fast customer responsiveness, operation excellence and high innovative intensity.  Based on the above review, a conceptual framework for KM implementation in retail business organisations has been proposed. Finally the paper forwarded some limitations of the framework and based on which, directions for future research had been suggested.

Keywords: Knowledge Management, Knowledge Management Activities, Retail Business, Knowledge Economy.

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2044 Managing Legal, Consumers and Commerce Risks in Phishing

Authors: Dinna N. M. N., Leau Y. B., Habeeb S. A. H., Yanti A. S.

Abstract:

Phishing scheme is a new emerged security issue of E-Commerce Crime in globalization. In this paper, the legal scaffold of Malaysia, United States and United Kingdom are analyzed and followed by discussion on critical issues that rose due to phishing activities. The result revealed that inadequacy of current legal framework is the main challenge to govern this epidemic. However, lack of awareness among consumers, crisis on merchant-s responsibility and lack of intrusion reports and incentive arrangement contributes to phishing proliferating. Prevention is always better than curb. By the end of this paper, some best practices for consumers and corporations are suggested.

Keywords: Phishing, Online Fraud, Business risks, Consumers privacy, Legal Issue, Cyber law.

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2043 Facilitating Cooperative Knowledge Support by Role-Based Knowledge-Flow Views

Authors: Chih-Wei Lin, Duen-Ren Liu, Hui-Fang Chen

Abstract:

Effective knowledge support relies on providing operation-relevant knowledge to workers promptly and accurately. A knowledge flow represents an individual-s or a group-s knowledge-needs and referencing behavior of codified knowledge during operation performance. The flow has been utilized to facilitate organizational knowledge support by illustrating workers- knowledge-needs systematically and precisely. However, conventional knowledge-flow models cannot work well in cooperative teams, which team members usually have diverse knowledge-needs in terms of roles. The reason is that those models only provide one single view to all participants and do not reflect individual knowledge-needs in flows. Hence, we propose a role-based knowledge-flow view model in this work. The model builds knowledge-flow views (or virtual knowledge flows) by creating appropriate virtual knowledge nodes and generalizing knowledge concepts to required concept levels. The customized views could represent individual role-s knowledge-needs in teamwork context. The novel model indicates knowledge-needs in condensed representation from a roles perspective and enhances the efficiency of cooperative knowledge support in organizations.

Keywords: cooperative knowledge support, knowledge flow, knowledge-flow view, role-based models

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2042 Directors’ Duties, Civil Liability, and the Business Judgment Rule under the Portuguese Legal Framework

Authors: Marisa Catarina da Conceição Dinis

Abstract:

The commercial companies’ management has suffered an important material and legal transformation in the last years, mainly related to the changes in the Portuguese legal framework and because of the fact they were recently object of great expansion. In fact, next to the smaller family businesses, whose management is regularly assumed by partners, companies with social investment highly scattered, whose owners are completely out from administration, are now arising. In those particular cases, the business transactions are much more complex and require from the companies’ managers a highly technical knowledge and some specific professionals’ skills and abilities. This kind of administration carries a high-level risk that can both result in great success or in great losses. Knowing that the administration performance can result in important losses to the companies, the Portuguese legislator has created a legal structure to impute them some responsibilities and sanctions. The main goal of this study is to analyze the Portuguese law and some jurisprudence about companies’ management rules and about the conflicts between the directors and the company. In order to achieve these purposes we have to consider, on the one hand, the legal duties directly connected to the directors’ functions and on the other hand the disrespect for those same rules. The Portuguese law in this matter, influenced by the common law, determines that the directors’ attitude should be guided by loyalty and honesty. Consequently, we must reflect in which cases the administrators should respond to losses that they might cause to companies as a result of their duties’ disrespect. In this way is necessary to study the business judgment rule wich is a rule that refers to a liability exclusion rule. We intend, in the same way, to evaluate if the civil liability that results from the directors’ duties disrespect can extend itself to those who have elected them ignoring or even knowing that they don´t have the necessary skills or appropriate knowledge to the position they hold. To charge directors’, without ruining entrepreneurship, charging, in the same way, those who select them reinforces the need for more responsible and cautious attitudes which will lead consequently to more confidence in the markets.

Keywords: Duty of loyalty, duty of care, business judgment rule, civil liability of directors.

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2041 The Principle of the Protection of Legitimate Expectation: Analysis the Adjudications of Thailand Court

Authors: Paiboon Chuwatthanakij

Abstract:

In reference to the legal state in the Thai legal system, most people understand the minor principles of the legal state form, which are the principles that can be explained and understood easily and the results can be seen clearly, especially in the legitimacy of administrative acts. Therefore, there is no awareness of justice, which is the fundamental value of Thai law. The legitimacy of administrative acts requires the administration to adhere to the constitution and legislative laws in enforcement of the laws. If it appears that the administrative acts are illegitimate, the administrative court, as the court of justice, will revoke those acts as if they had never been set in the legal system, this will affect people’s trust as they are unaware as to whether the administrative acts that appoint their lives are legitimate or not. Regarding the revocation of administrative orders by the administrative court as if those orders had never existed, the common individual surely cannot be expected to comprehend the security of their juristic position. Therefore, the legal state does not require a revocation of the government’s acts to terminate its legal results merely because those acts are illegitimate, but there should be considerations and realizations regarding the “The Principle of the Protection of Legitimate Expectation,” which is a minor principle in the legal state’s content that focuses on supporting and protecting legitimate expectations of the juristic position of an individual and maintaining justice, which is the fundamental value of Thai law.

Keywords: Legal state, Rule of law, Protection of legitimate.

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2040 Problems of the Management of Legal Entities of Private Law in Georgia

Authors: Ketevan Kokrashvili, Rusudan Kutateladze, Nino Pailodze

Abstract:

Importance of management of legal entities under private law of which especially corporate management, as well as looking for ways of its improvement and perfection has become especially relevant in the twenty-first century, which was greatly contributed to by the global economic crisis. Some states have adopted Corporate Governance Codes; the European Union has set to work on a series of directives the main purpose of which is an improvement of corporate governance, provision of greater transparency and implementation of an effective control mechanism. This process is not yet completed, and various problematic issues associated with management of legal persons are still being debated among practitioner experts and scholars. Georgia is not an exception in this regard. The article discusses the legislative gaps, and in some cases, discrepancies having arisen in legal relationships under private law and having caused many practical problems. This especially applies to the management of capital companies.

Keywords: Business entities, corporate management, public capital management, collective norms, existing problems, legal discrepancies.

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2039 Accounting Policies in Polish and International Legal Regulations

Authors: Piotr Prewysz Kwinto, Grażyna Voss

Abstract:

Accounting policies are a set of solutions compliant with legal regulations that an entity selects and adopts, and which guarantee a proper quality of financial statements. Those solutions may differ depending on whether the entity adopts national or international accounting standards. The aim of this article is to present accounting principles (policies) in Polish and international legal regulations and their adoption in selected Polish companies listed on the Warsaw Stock Exchange. The research method adopted in this work is the analysis and evaluation of legal conditions in Polish companies.

Keywords: Accounting policies, International Financial Reporting Standards, Financial statement, Method of measuring.

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2038 Barriers to Knowledge Management: A Theoretical Framework and a Review of Industrial Cases

Authors: Chihab BenMoussa

Abstract:

Firms have invested heavily in knowledge management (KM) with the aim to build a knowledge capability and use it to achieve a competitive advantage. Research has shown, however, that not all knowledge management projects succeed. Some studies report that about 84% of knowledge management projects fail. This paper has integrated studies on the impediments to knowledge management into a theoretical framework. Based on this framework, five cases documenting failed KM initiatives were analysed. The analysis gave us a clear picture about why certain KM projects fail. The high failure rate of KM can be explained by the gaps that exist between users and management in terms of KM perceptions and objectives

Keywords: Knowledge management, barriers to knowledge management, Knowledge-gaps, supply-driven approach to knowledge management.

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2037 Corporate Knowledge Communication and Knowledge Communication Difficulties

Authors: H. Buluthan Cetintas, M. Nejat Ozupek

Abstract:

Communication is an important factor and a prop in directing corporate activities efficiently, in ensuring the flow of knowledge which is necessary for the continuity of the institution, in creating a common language in the institution, in transferring corporate culture and ultimately in corporate success. The idea of transmitting the knowledge among the workers in a healthy manner has revived knowledge communication. Knowledge communication can be defined as the act of mutual creation and communication of intuitions, assessments, experiences and capabilities, as long as maintained effectively, can provide advantages such as corporate continuity, access to corporate objectives and making true administrative decisions. Although the benefits of the knowledge communication to corporations are known, and the necessary worth and care is given, some hardships may arise which makes it difficult or even block it. In this article, difficulties that prevent knowledge communication will be discussed and solutions will be proposed.

Keywords: Corporate knowledge communication, knowledge communication, knowledge communication barriers

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2036 Modeling of Knowledge-Intensive Business Processes

Authors: Eckhard M. Ammann

Abstract:

Knowledge development in companies relies on knowledge-intensive business processes, which are characterized by a high complexity in their execution, weak structuring, communication-oriented tasks and high decision autonomy, and often the need for creativity and innovation. A foundation of knowledge development is provided, which is based on a new conception of knowledge and knowledge dynamics. This conception consists of a three-dimensional model of knowledge with types, kinds and qualities. Built on this knowledge conception, knowledge dynamics is modeled with the help of general knowledge conversions between knowledge assets. Here knowledge dynamics is understood to cover all of acquisition, conversion, transfer, development and usage of knowledge. Through this conception we gain a sound basis for knowledge management and development in an enterprise. Especially the type dimension of knowledge, which categorizes it according to its internality and externality with respect to the human being, is crucial for enterprise knowledge management and development, because knowledge should be made available by converting it to more external types. Built on this conception, a modeling approach for knowledgeintensive business processes is introduced, be it human-driven,e-driven or task-driven processes. As an example for this approach, a model of the creative activity for the renewal planning of a product is given.

Keywords: Conception of knowledge, knowledge dynamics, modeling notation, knowledge-intensive business processes.

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2035 Military Use of Artificial Intelligence under International Humanitarian Law: Insights from Canada

Authors: Mahshid Talebian Kiakalayeh

Abstract:

As artificial intelligence (AI) technologies can be used by both civilians and soldiers; it is vital to consider the consequences emanating from AI military as well as civilian use. Indeed, many of the same technologies can have a dual-use. This paper will explore the military uses of AI and assess their compliance with international legal norms. AI developments not only have changed the capacity of the military to conduct complex operations but have also increased legal concerns. The existence of a potential legal vacuum in legal principles on the military use of AI indicates the necessity of more study on compliance with International Humanitarian Law (IHL), the branch of international law which governs the conduct of hostilities. While capabilities of new means of military AI continue to advance at incredible rates, this body of law is seeking to limit the methods of warfare protecting civilian persons who are not participating in an armed conflict. Implementing AI in the military realm would result in potential issues including ethical and legal challenges. For instance, when intelligence can perform any warfare task without any human involvement, a range of humanitarian debates will be raised as to whether this technology might distinguish between military and civilian targets or not. This is mainly because AI in fully military systems would not seem to carry legal and ethical judgment which can interfere with IHL principles. The paper will take, as a case study, Canada’s compliance with IHL in the area of AI and the related legal issues that are likely to arise as this country continues to develop military uses of AI.

Keywords: Artificial intelligence, military use, International Humanitarian Law, the Canadian perspective.

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2034 Legal Theories Underpinning Access to Justice for Victims of Sexual Violence in Refugee Camps in Africa

Authors: O. E. Eberechi, G. P. Stevens

Abstract:

Legal theory has been referred to as the explanation of why things do or do not happen. It also describes situations and why they ensue. It provides a normative framework by which things are regulated and a foundation for the establishment of legal mechanisms/institutions that can bring about a desired change in a society. Furthermore, it offers recommendations in resolving practical problems and describes what the law is, what the law ought to be and defines the legal landscape generally. Some legal theories provide a universal standard, e.g. human rights, while others are capable of organizing and streamlining the collective use, and, by extension, bring order to society. Legal theory is used to explain how the world works and how it does not work. This paper will argue for the application of the principles of legal theory in the achievement of access to justice for female victims of sexual violence in refugee camps in Africa through the analysis of legal theories underpinning the access to justice for these women. It is a known fact that female refugees in camps in Africa often experience some form of sexual violation. The perpetrators of these incidents may never be apprehended, prosecuted, convicted or sentenced. Where prosecution does occur, the perpetrators are either acquitted as a result of poor investigation, inept prosecution, a lack of evidence, or the case may be dismissed owing to tardiness on the part of the prosecutor, which accounts for the culture of impunity in refugee camps. In other words, victims do not have access to the justice that could ameliorate the plight of the victims. There is, thus, a need for a legal framework that will facilitate access to justice for these victims. This paper will start with an introduction, and be followed by the definition of legal theory, its functions and its application in law. Secondly, it will provide a brief explanation of the problems faced by female refugees who are victims of sexual violence in refugee camps in Africa. Thirdly, it will embark on an analysis of theories which will be a help to an understanding of the precarious situation of female refugees, why they are violated, the need for access to justice for these victims, and the principles of legal theory in its usefulness in resolving access to justice for these victims.

Keywords: Access to justice, underpinning legal theory, refugee, sexual violence.

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2033 Implementing Knowledge Transfer Solution through Web-based Help Desk System

Authors: Mazeyanti M. Ariffin, Noreen Izza Arshad, Ainol Rahmah Shaarani, Syed Uzair Shah

Abstract:

Knowledge management is a process taking any steps that needed to get the most out of available knowledge resources. KM involved several steps; capturing the knowledge discovering new knowledge, sharing the knowledge and applied the knowledge in the decision making process. In applying the knowledge, it is not necessary for the individual that use the knowledge to comprehend it as long as the available knowledge is used in guiding the decision making and actions. When an expert is called and he provides stepby- step procedure on how to solve the problems to the caller, the expert is transferring the knowledge or giving direction to the caller. And the caller is 'applying' the knowledge by following the instructions given by the expert. An appropriate mechanism is needed to ensure effective knowledge transfer which in this case is by telephone or email. The problem with email and telephone is that the knowledge is not fully circulated and disseminated to all users. In this paper, with related experience of local university Help Desk, it is proposed the usage of Information Technology (IT)to effectively support the knowledge transfer in the organization. The issues covered include the existing knowledge, the related works, the methodology used in defining the knowledge management requirements as well the overview of the prototype.

Keywords: Knowledge Management, Knowledge Transfer, Help Desk, Web-based system.

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2032 Effect of Incentives on Knowledge Sharing and Learning – Evidence from the Indian IT Sector

Authors: Asish O. Mathew, Lewlyn L. R. Rodrigues

Abstract:

The organizations in the knowledge economy era have recognized the importance of building knowledge assets for sustainable growth and development. In comparison to other industries, Information Technology (IT) enterprises, holds an edge in developing an effective Knowledge Management (KM) programmethanks to their in-house technological abilities. This paper tries to study the various knowledge based incentive programmes and its effect on Knowledge Sharing and Learning in the context of the Indian IT sector. A conceptual model is developed linking KM Incentives, Knowledge Sharing and Learning. A questionnaire study is conducted to collect primary data from the knowledge workers of the IT organizations located in India. The data was analysed using Structural Equation Modeling using Partial Least Square method. The results show a strong influence of knowledge management incentives on knowledge sharing and an indirect influence on learning.

Keywords: Knowledge Management, Knowledge Management Incentives, Knowledge Sharing, Learning.

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2031 Architecting a Knowledge Theatre

Authors: David C. White

Abstract:

This paper describes the architectural design considerations for building a new class of application, a Personal Knowledge Integrator and a particular example a Knowledge Theatre. It then supports this description by describing a scenario of a child acquiring knowledge and how this process could be augmented by the proposed architecture and design of a Knowledge Theatre. David Merrill-s first “principles of instruction" are kept in focus to provide a background to view the learning potential.

Keywords: Knowledge, personal, open data, visualization, learning, teaching

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