Search results for: Alternative dispute

Authors: M. van der Bank, C. M. van der Bank

Abstract:

Alternative Dispute Resolution denotes all forms of dispute resolution other than litigation or adjudication through the courts. This definition of Alternative Dispute Resolution, however, makes no mention of a vital consideration. ADR is the generally accepted acronym for alternative dispute resolution. Despite the choice not to proceed before a court or statutory tribunal, ADR will still be regulated by law and by the Constitution. Fairness is one of the core values of the South African constitutional order. Environmental disputes occur frequently, but due to delays and costs, ADR is a mechanism to resolve this kind of disputes which is a resolution of non-judicial mechanism. ADR can be used as a mechanism in environmental disputes that are less expensive and also more expeditious than formal litigation. ADR covers a broad range of mechanisms and processes designed to assist parties in resolving disputes creatively and effectively. In so far as this may involve the selection or design of mechanisms and processes other than formal litigation, these mechanisms and processes are not intended to supplant court adjudication, but rather to supplement it. A variety of ADR methods have been developed to deal with numerous problems encountered during environmental disputes. The research questions are: How can ADR facilitate environmental disputes in South Africa? Are they appropriate? And what improvements should be made?

Keywords: Alternative dispute, environmental disputes, non-judicial, resolution and settlement.

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Authors: Robin V. Cupido

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Online dispute resolution has been identified in many countries as a viable alternative for resolving conflicts which have arisen in the so-called digital age. This system of dispute resolution is developing alongside the Internet, and as new types of transactions are made possible by our increased connectivity, new ways of resolving disputes must be explored. Developed nations, such as the United States of America and the European Union, have been involved in creating these online dispute resolution mechanisms from the outset, and currently have sophisticated systems in place to deal with conflicts arising in a number of different fields, such as e-commerce, domain name disputes, labour disputes and conflicts arising from family law. Specifically, in the field of e-commerce, the Internet’s borderless nature has served as a way to promote cross-border trade, and has created a global marketplace. Participation in this marketplace boosts a country’s economy, as new markets are now available, and consumers can transact from anywhere in the world. It would be especially advantageous for developing nations to be a part of this global marketplace, as it could stimulate much-needed investment in these nations, and encourage international co-operation and trade. However, for these types of transactions to proliferate, an effective system for resolving the inevitable disputes arising from such an increase in e-commerce is needed. Online dispute resolution scholarship and practice is flourishing in developed nations, and it is clear that the gap is widening between developed and developing nations in this regard. The potential for implementing online dispute resolution in developing countries has been discussed, but there are a number of obstacles that have thus far prevented its continued development. This paper aims to evaluate the various political, infrastructural and socio-economic challenges faced in developing nations, and to question how these have impacted the acceptance and development of online dispute resolution, scholarship and training of online dispute resolution practitioners and, ultimately, developing nations’ readiness to participate in cross-border e-commerce.

Keywords: Developing countries, feasibility, online dispute resolution, progress.

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Authors: V. Jeifets, L. Khadorich

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The paper describes the OAS role in dispute resolution. The authors make an attempt to identify a general pattern of the OAS activities within the peaceful settlement of interstate conflicts, in the beginning of 21st century, as well as to analyze some features of Honduras–Belize, Nicaragua–Honduras, Honduras–El Salvador, Costa-Rica–Nicaragua, Colombia–Ecuador cases.

Keywords: OAS, regional security, peace maintenance, border dispute, dispute resolution, peaceful settlement.

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Authors: Jenny Paola Forero Pachón, Sonia Cristina Gamboa Sarmiento, Luis Carlos Gómez Flórez

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The Colombian government has defined an e-government strategy to take advantage of Information Technologies (IT) in order to contribute to the building of a more efficient, transparent and participative State that provides better services to citizens and businesses. In this regard, the Justice sector is one of the government sectors where IT has generated more expectation considering that the country has a judicial processes backlog. This situation has led to the search for alternative forms of access to justice that speed up the process while providing a low cost for citizens. To this end, the Colombian government has authorized the use of Alternative Dispute Resolution methods (ADR), a remedy where disputes can be resolved more quickly compared to judicial processes while facilitating greater communication between the parties, without recourse to judicial authority. One of these methods is conciliation, which includes a special modality that takes advantage of IT for the development of itself known as virtual conciliation. With this option the conciliation is supported by information systems, applications or platforms and communications are provided through it. This paper evaluates the level of maturity in how the service of virtual conciliation is under the framework of this strategy. This evaluation is carried out considering Shahkooh's 5-phase model for e-government. As a result, it is evident that in the context of conciliation, maturity does not reach the necessary level in the model so that it can be considered as virtual conciliation; therefore, it is necessary to define strategies to maximize the potential of IT in this context.

Keywords: Alternative dispute resolution, e-government, evaluation of maturity, Shahkooh model, virtual conciliation.

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Authors: C. Hipp

Abstract:

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

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

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Authors: Divya S., Jibin Joseph

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Alternative energy is any energy source that is an alternative to fossil fuel. These alternatives are intended to address concerns about such fossil fuels. Today, because of the variety of energy choices and differing goals of their advocates, defining some energy types as "alternative" is highly controversial. Most of the recent and existing alternative sources of energy are discussed below

Keywords: Athra Quinone Disulphonic Acid (AQDS), Renewable Methanol (RM), Solid Oxide Fuel Cell (SOFC), Maximum Power Point Tracking (MPPT).

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Authors: Simon Brown, Raewyn Tuffery

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Candida albicans ATCC 10231 had low endogenous activity of the alternative oxidase compared with that of C. albicans ATCC 10261. In C. albicans ATCC 10231 the endogenous activity declined as the cultures aged. Alternative oxidase activity could be induced in C. albicans ATCC 10231 by treatment with cyanide, but the induction of this activity required the presence of oxygen which could be replaced, at least in part, with high concentrations of potassium ferricyanide. We infer from this that the expression of the gene encoding the alternative oxidase is under the control of a redoxsensitive transcription factor.

Keywords: alternative oxidase, Candida albicans, enzymeinduction, oxygen, redox potential.

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Authors: Laura Çami (Vorpsi), Xhon Skënderi

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In today's rapidly evolving technological landscape, the traditional principles of contract law are facing significant challenges. The emergence of new technologies, such as electronic signatures, smart contracts, and online dispute resolution mechanisms, is transforming the way contracts are formed, interpreted, and enforced. This paper examines the implications of these technological advancements on the constitutional principles of contract law. One of the fundamental principles of contract law is freedom of contract, which ensures that parties have the autonomy to negotiate and enter into contracts as they see fit. However, the use of technology in the contracting process has the potential to disrupt this principle. For example, online platforms and marketplaces often offer standard-form contracts, which may not reflect the specific needs or interests of individual parties. This raises questions about the equality of bargaining power between parties and the extent to which parties are truly free to negotiate the terms of their contracts. Another important principle of contract law is the requirement of consideration, which requires that each party receives something of value in exchange for their promise. The use of digital assets, such as cryptocurrencies, has created new challenges in determining what constitutes valuable consideration in a contract. Due to the ambiguity in this area, disagreements about the legality and enforceability of such contracts may arise. Furthermore, the use of technology in dispute resolution mechanisms, such as online arbitration and mediation, may raise concerns about due process and access to justice. The use of algorithms and artificial intelligence to determine the outcome of disputes may also raise questions about the impartiality and fairness of the process. Finally, it should be noted that there are many different and complex effects of technical improvements on the fundamental constitutional foundations of contract law. As technology continues to evolve, it will be important for policymakers and legal practitioners to consider the potential impacts on contract law and to ensure that the principles of fairness, equality, and access to justice are preserved in the contracting process.

Keywords: Technological advancements, constitutional principles, contract law, smart contracts, online dispute resolution, freedom of contract.

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Authors: M. Grifoni, G. Petruzzelli, M. Barbafieri, I. Rosellini, B. Pezzarossa, F. Pedron

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Evapotranspiration (ET) covers are an alternative cover system that utilizes water balance approach to maximize the ET process to reduce the contaminants leaching through the soil profile. Microcosm tests allow to identify in a short time the most suitable plant species to be used as alternative covers, their survival capacity, and simultaneously the transpiration and evaporation rate of the cover in a specific contaminated soil. This work shows the soil characterization and ET results of microcosm tests carried out on two contaminated soils by using Triticum durum and Helianthus annuus species. The data indicated that transpiration was higher than evaporation, supporting the use of plants as alternative cover at this contaminated site.

Keywords: Contaminated sites, ET cover, evapotranspiration, microcosm experiments.

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Authors: V. Durmus, M. Uydaci

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In order to prevent overburdened courts, rising costs of litigation, and lengthy trial resolutions, the Law on Mediation for Civil Disputes was enacted, which was aimed at defining the procedure and guiding principles for dispute resolutions under Civil Law, in 2012. This “Mediation Code” also applies for civil healthcare disputes in Turkey. Aside from mediation, reconciliation, governed by Articles 253-255 of Criminal Procedure Law, has emerged as an alternative way to resolve criminal medical disputes, but the difference between mediation and conciliation is mostly procedural. This article deals with mediation in Turkish health law and aspect of medical malpractice mediation in Turkey. In addition, this study examines the issue of mediation in health law from both a legal and normative point of view, including codes of mediation which regulate both the structural and professional practice of mediation providers. As a result, although there is not official record about success rate of medical malpractice litigations and malpractice mediation in Turkey, it is widely accepted that the success rate for medical malpractice cases is relatively low compared to other personal injury cases even if it is generally considered that medical malpractice case filings have gradually increased recently. According to the Justice Ministry’s Department of Mediation in Turkey, 719 civil disputes have referred to mediators since 2013 (when the first mediation law came into force) with a 98% success rate.

Keywords: Malpractice mediation, medical disputes, reconciliation, health litigation, Turkish Health Law.

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Authors: Erika J. Ruíz, Jairo R. Cortes, Willian A. Aperador

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In this article was evaluated the protective effect of the alternative concrete obtained from the binary mixture of fly ash, and iron and steel slag. After mixing the cement with aggregates, structural steel was inserted in the matrix cementitious. The study was conducted comparatively with specimens exposed to natural conditions free of chloride ion. The chloride ion effect on the specimens accelerated under controlled conditions (3.5% NaCl and 25°C temperature). The impedance data were acquired in a range of 1 mHz to 100 kHz.

Keywords: Alternative concrete, corrosion, alkaline activation.

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Authors: Reza Fazeli, Vitor Leal, Jorge Pinho de Sousa

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Planning the transition period for the adoption of alternative fuel-technology powertrains is a challenging task that requires sophisticated analysis tools. In this study, a system dynamic approach was applied to analyze the bi-directional interaction between the development of the refueling station network and vehicle sales. Besides, the developed model was used to estimate the transition cost to reach a predefined target (share of alternative fuel vehicles) in different scenarios. Several scenarios have been analyzed to investigate the effectiveness and cost of incentives on the initial price of vehicles, and on the evolution of fuel and refueling stations. Obtained results show that a combined set of incentives will be more effective than just a single specific type of incentives.

Keywords: adoption of Alternative Fuel Vehicles, System Dynamic Analysis, Plug-in Hybrid Vehicles

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Authors: S. Amirhassan Monadjemi, Narges Zarrabi, Naser Neamatbakhsh

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As days go by, we hear more and more about HIV, Ebola, Bird Flu and other dreadful viruses which were unknown a few decades ago. In both detecting and fighting viral diseases ordinary methods have come across some basic and important difficulties. Vaccination is by a sense introduction of the virus to the immune system before the occurrence of the real case infection. It is very successful against some viruses (e.g. Poliomyelitis), while totally ineffective against some others (e.g. HIV or Hepatitis-C). On the other hand, Anti-virus drugs are mostly some tools to control and not to cure a viral disease. This could be a good motivation to try alternative treatments. In this study, some key features of possible physical-based alternative treatments for viral diseases are presented. Electrification of body parts or fluids (especially blood) with micro electric signals with adjusted current or frequency is also studied. The main approach of this study is to find a suitable energy field, with appropriate parameters that are able to kill or deactivate viruses. This would be a lengthy, multi-disciplinary research which needs the contribution of virology, physics, and signal processing experts. It should be mentioned that all the claims made by alternative cures researchers must be tested carefully and are not advisable at the time being.

Keywords: Alternative Cure, Viral disease, HIV, signals, energy filed.

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Authors: Khodr Fakih

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The Ombudsman is a procedural mechanism that provides a different approach of dispute resolution. The ombudsman primarily deals with specific grievances from the public against governmental injustice and misconduct. The ombudsman theory is considered an important instrument to any democratic government. This is true since it improves the transparency of the governmental activities in a world in which executive power are rising. Many countries have adopted the concept of Ombudsman but under different terminologies. This paper will provide the different types of Ombudsman and the common activities/processes of fulfilling their mandates.

Keywords: Administration, Citizens, Government, Mediator, Ombudsman, Presidential Mediator.

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Authors: Chandra Sabnani, M. V. Latkar, Utpal Sharma

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A large section of the society in Urban India is unable to afford a basic dwelling unit. Housing shortage due to the rising unafforability makes it logical to consider alternative technologies more seriously for their application How far do these alternative technologies match up with the conventional techniques? How do these integrate with the present-day need for urban amenities and facilities? Are the owners of bamboo dwellings, for instance, a part of the mainstream housing sector, having the same rights and privileges as those enjoyed by other property owners? Will they have access to loans for building, improving, renovating or repairing their dwellings? Why do we still hesitate to build a bamboo house for ourselves? Is our policy framework and political resolve in place, to welcome such alternative technologies? It is time we found these answers, in order to explore the reasons for large-scale nonacceptance, of a technology proven for its worthiness.

Keywords: Affordable housing, Appropriateness, Bamboo technology, Urban Poor.

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Authors: Atilla Akpinar, Basri Çelik

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In this paper we are interested in Moufang-Klingenberg planesM(A) defined over a local alternative ring A of dual numbers. We introduce two new collineations of M(A).

Keywords: Moufang-Klingenberg planes, local alternative ring, projective collineation.

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Authors: Dilip Nath

Abstract:

A study has been conducted on the available aquatic invertebrates in the river Dhansiri at Dimapur site. The study confirmed that the river body composed of aquatic macroinvertebrate community in two phyla viz., Arthropods and Molluscs. Total ten species have been identified from there as the source of alternative protein food for the common people. Not only the protein source they are also the component of aquatic food chain and indicators of aquatic ecosystem. Proper management and strategies to promote the edible invertebrates can be considered as the alternative protein and alternative income source for the common people for sustainable livelihood improvement.

Keywords: Dhansiri, Dimapur, invertebrates, livelihood improvement, protein

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Authors: Omneya N. Mekhaimer, Elkhayam M. Dorra, A. Samer Ezeldin

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Over the recent decades, studies on organizational culture have gained global attention in the business management literature, where it has been established that the cultural factors embedded in the organization have an implicit yet significant influence on the organization’s success. Unlike other industries, the construction industry is widely known to be operating in a dynamic and adversarial nature; considering the unique characteristics it denotes, thereby the level of disputes has propagated in the construction industry throughout the years. To that end, this paper aims to study the influence of organizational culture in the contractor’s organization on the frequency of disputes caused between the owner and the contractor in commercial projects based in Egypt. This objective is achieved by using a quantitative approach through a survey questionnaire to explore the dominant cultural attributes that exist in the contractor’s organization based on the Competing Value Framework (CVF) theory, which classifies organizational culture into four main cultural types: (1) clan, (2) adhocracy, (3) market, and (4) hierarchy. Accordingly, the collected data are statistically analyzed using Statistical Package for Social Sciences (SPSS 28) software, whereby a correlation analysis using Pearson Correlation is carried out to assess the relationship between these variables and their statistical significance using the p-value. The results show that there is an influence of organizational culture attributes on the frequency of disputes whereby market culture is identified to be the most dominant organizational culture that is currently practiced in contractor’s organization, which consequently contributes to increasing the frequency of disputes in commercial projects. These findings suggest that alternative management practices should be adopted rather than the existing ones with an aim to minimize dispute occurrence.

Keywords: Construction projects, correlation analysis, disputes, Egypt, organizational culture.

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Authors: Gulshan Sachdeva, Vaibhav Jain

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In present paper, the performance of various alternative refrigerants is compared to find the substitute of R22, the widely used hydrochlorofluorocarbon refrigerant in developing countries. These include the environmentally friendly hydrofluorocarbon (HFC) refrigerants such as R134A, R410A, R407C and M20. In the present study, a steady state thermodynamic model (includes both first and second law analysis) which simulates the working of an actual vapor-compression system is developed. The model predicts the performance of system with alternative refrigerants. Considering the recent trends of replacement of ozone depleting refrigerants and improvement in system efficiency, R407C is found to be potential candidate to replace R22 refrigerant in the present study.

Keywords: Refrigeration, compression system, performance study, modeling, R407C.

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Authors: Shakila Motamedi, Seyed Azizollah Ghotb, Fatemeh Torfi, Najaf Hedayat

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Since injection engines have a considerable portion, in consumption of energy and environmental pollution, using an alternative source of energy with lower pollutant effects in this regard is necessary. Biodiesel fuel is a suitable alternative for gasoline in diesel engines. In this research the property of biodiesel, the function and the pollution effects of diesel engine, when using 100% biodiesel, using 100% gasoline and mixing ratio of both fuels for comparing them, have been investigated. The researches have shown, using biodiesel fuel in prevalent diesel engine, will reduce the pollutants such as Co, half burned carbohydrate and suspended particles and a little increase in oxidation will achieve while power consumption, particularly fuel and thermal efficiency of diesel fuel has the same.

Keywords: Biodiesel, Diesel Engine, Environment, Gasoline

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Authors: Olufisayo A. Olufayo, Fred A. O. Otieno, George M. Ochieng

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Abstraction of water from the dry river sand-beds is well-known as an alternative source of water during dry seasons. Internally, because of the form of sand particles, voids are created which can store water in the riverbeds. Large rivers are rare in South Africa. Many rivers are sand river types and without water during the prolonged dry periods. South Africa has not taken full advantage of water storage in sand as a solution to the growing water scarcity both in urban and rural areas. The paper reviews the benefits of run-off storage in sand reservoirs gained from other arid areas and need for adoption in rural areas of South Africa as an alternative water supply where it is probable.

Keywords: Groundwater, Perennial river, Run-off storage, Sandreservoir.

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Authors: Suleyman Ciftci, Atilla Akpinar, Basri Celik

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In this paper we are interested in Moufang-Klingenberg planesM(A) defined over a local alternative ring A of dual numbers. We show that some collineations of M(A) preserve cross-ratio.

Keywords: Moufang-Klingenberg planes, local alternative ring, projective collineation, cross-ratio.

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Authors: Yveta Pohnětalová, Veronika Nováková, Lucie Hrašová

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The paper presents the results of research in which we were looking for common characteristics of the family environment of students alternative and innovative education systems. Topicality comes from the fact that nowadays in the Czech Republic there are several civic and parental initiatives held with the aim to establish schools for their children. The goal of our research was to reveal key aspects of these families and to identify their common indicators. Among other things, we were interested what reasons lead parents to decide to enroll their child into different education than standard (common). The survey was qualitative and there were eighteen respondents of parents of alternative schools´ pupils. The reason to implement qualitative design was the opportunity to gain deeper insight into the essence of phenomena and to obtain detailed information, which would become the basis for subsequent quantitative research. There have been semi structured interviews done with the respondents which had been recorded and transcribed. By an analysis of gained data (categorization and by coding), we found out that common indicator of our respondents is higher education and higher economic level. This issue should be at the forefront of the researches because there is lack of analysis which would provide a comparison of common and alternative schools in the Czech Republic especially with regard to quality of education. Based on results, we consider questions whether approaches of these parents towards standard education come from their own experience or from the lack of knowledge of current goals and objectives of education policy of the Czech Republic.

Keywords: Alternative schools, family environment, quality of education, parents´ approach.

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Authors: P. Ninduangdee, V. I. Kuprianov

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Palm kernel shell is an important bioenergy resource in Thailand. However, due to elevated alkali content in biomass ash, this oil palm residue shows high tendency to bed agglomeration in a fluidized-bed combustion system using conventional bed material (silica sand). In this study, palm kernel shell was burned in the conical fluidized-bed combustor (FBC) using alumina and dolomite as alternative bed materials to prevent bed agglomeration. For each bed material, the combustion tests were performed at 45kg/h fuel feed rate with excess air within 20–80%. Experimental results revealed rather weak effects of the bed material type but substantial influence of excess air on the behavior of temperature, O2, CO, CxHy, and NO inside the reactor, as well as on the combustion efficiency and major gaseous emissions of the conical FBC. The optimal level of excess air ensuring high combustion efficiency (about 98.5%) and acceptable level of the emissions was found to be about 40% when using alumina and 60% with dolomite. By using these alternative bed materials, bed agglomeration can be prevented when burning the shell in the proposed conical FBC. However, both bed materials exhibited significant changes in their morphological, physical and chemical properties in the course of the time.

Keywords: Palm kernel shell, fluidized-bed combustion, alternative bed materials, combustion and emission performance, bed agglomeration prevention.

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Authors: Sharmina Begum, M. G. Rasul, Delwar Akbar

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Waste management is now a global concern due to its high environmental impact on climate change. Because of generating huge amount of waste through our daily activities, managing waste in an efficient way has become more important than ever. Alternative Waste Technology (AWT), a new category of waste treatment technology has been developed for energy recovery in recent years to address this issue. AWT describes a technology that redirects waste away from landfill, recovers more useable resources from the waste flow and reduces the impact on the surroundings. Australia is one of the largest producers of waste per-capita. A number of AWTs are using in Australia to produce energy from waste. Presently, it is vital to identify an appropriate AWT to establish a sustainable waste management system in Australia. Identification of an appropriate AWT through Multi-criteria analysis (MCA) of four AWTs by using five key decision making criteria is presented and discussed in this paper.

Keywords: Alternative waste technology (AWT), Energy fromwaste, Gasification, Multi-criteria Analysis (MCA)

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Authors: Atilla Akpinar, Basri Celik

Abstract:

In this paper we are interested in Moufang-Klingenberg planesM(A) defined over a local alternative ring A of dual numbers. We show that a collineation of M(A) preserve cross-ratio. Also, we obtain some results about harmonic points.

Keywords: Moufang-Klingenberg planes, local alternative ring, projective collineation, cross-ratio, harmonic points.

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Authors: Salvatore Pinna

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The growth of organic farming practices in the last few decades is continuing to stimulate the international debate about this alternative food market. As a part of a PhD project research about embeddedness in Alternative Food Networks (AFNs), this paper focuses on the promotional aspects of organic farms websites from the Madrid region. As a theoretical tool, some knowledge categories drawn on the geographic studies literature are used to classify the many ideas expressed in the web pages. By analysing texts and pictures of 30 websites, the study aims to question how and to what extent actors from organic world communicate to the potential customers their personal beliefs about farming practices, products qualities, and ecological and social benefits. Moreover, the paper raises the question of whether organic farming laws and regulations lack of completeness about the social and cultural aspects of food.

Keywords: Alternative food networks, de-commoditisation, organic farming, Madrid, reconnection of food.

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Authors: Emmanuel U. Ohaegbulem, Felix N. Nwobi

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Alternative and simple computational arrangements in carrying out multivariate profile analysis when more than two groups (populations) are involved are presented. These arrangements have been demonstrated to not only yield equivalent results for the test statistics (the Wilks lambdas), but they have less computational efforts relative to other arrangements so far presented in the literature; in addition to being quite simple and easy to apply.

Keywords: Coincident profiles, g-group profile analysis, level profiles, parallel profiles, repeated measures MANOVA.

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Authors: Dorota Galeza

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This paper argues that networks, such as the ECN and the American network, are affected by certain small events which are inherent to path dependence and preclude the full evolution towards efficiency. It is advocated that the American network is superior to the ECN in many respects due to its greater flexibility and longer history. This stems in particular from the creation of the American network, which was based on a small number of cases. Such a structure encourages further changes and modifications which are not necessarily radical. The ECN, by contrast, was established by legislative action, which explains its rigid structure and resistance to change. This paper is an attempt to transpose the superiority of the American network on to the ECN. It looks at concepts such as judicial cooperation, harmonisation of procedure, peer review and regulatory impact assessments (RIAs), and dispute resolution procedures.

Keywords: Antitrust, Competition, Networks, Path Dependence.

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Authors: Niina M. Nissinen

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This paper introduces an approach to construct a set of criteria for evaluating alternative options. Content analysis was used to collet criterion elements. Then the elements were classified and organized yielding to hierarchic structure. The reliability of the constructed criteria was evaluated in an experiment. Finally the criteria were used to evaluate alternative options indecision-making.

Keywords: Conceptual analysis, Content Analysis, Criteria, Decision-Making, Evaluation of Candidates

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