Search results for: competition law

Authors: Oluchukwu P. Obioma, Amarachi R. Dike

Abstract:

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

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

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Authors: Jan Cernohorsky

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This article aims to assess the evolution of imperfect competition in selected banking markets, in particular in the banking markets of Slovakia, Poland, Hungary, Slovenia and Croatia. Another objective is to assess the evolution of the relationship of imperfect competition and profit development in the banking markets. The article first provides an overview of literature on the topic. It then measures the degree of imperfect competition in individual markets using the Herfindahl-Hirschman Index. The commonly used indicator of total assets was chosen as an indicator. Based on this measurement, the individual banking sectors are categorized into theoretical definitions of the various types of imperfect competition - namely all surveyed banking sectors falling within the theoretical definition of monopolistic competition. Subsequently, using correlation analysis, i.e., the Pearson correlation coefficient, or the Spearman correlation coefficient, the connection between the evolution of imperfect competition and the development of the gross profit on selected banking markets was surveyed. It was found that with the exception of the banking market in Slovenia, where there is a positive correlation; there is no correlation between the evolution of imperfect competition and profit development in the selected markets. This means a recommendation for the regulators that it is not appropriate to rationalize a higher degree of regulation in granting banking licenses on the size of the profits attained in the banking market, as the relationship between the degree of concentration in the banking market and the amount of profit according to our measurements does not exist.

Keywords: Banking system, imperfect competition, profitability.

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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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Authors: Justine Ugochukwu Osuagwu, Sazali Abd Wahab

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The performance and operation of NNPC have faced a series of attacks by all stakeholders as many have observed lots of inefficiencies, not only on the part of the management but also the staff. This has raised questions of whether their operations and performance are being seriously affected by lack of transformational leadership, and the political competition prevalent in the country. We applied administrative leadership theory and institutional theory as a guide to this research and empirically relates such theories to the study. The study also utilized the quantitative approach where questionnaires were distributed to 370 participants, and the correctly filled and returned questionnaires were used for the analysis using structural equation modeling. The path coefficient of transformational leadership to performance is strong and positive with β = 0.672; t-value = 14.245; p-value = 0.000. Also, the result found that political competition does not mediate the relationship between transformational leadership and the performance of NNPC (β = -0.008; t-value = -0.600; p- value > 0.05). Furthermore, the indirect paths are all insignificant, indicating that transformational leadership has a direct relationship with corporate performance. The study found that, while political competition does not serve as a mediator in the relationship between transformational leadership and corporate performance, these styles of leadership have a direct and positive impact on corporate performance. The direct relationship between transformational leadership and political competition was not discovered, despite the fact that political competition has a direct and significant impact, both positive and negative, on corporate performance. As a result, both political competition and transformational leadership have the potential to significantly alter corporate performance.

Keywords: Performance, transformational leadership, political competition, corporation performance, Nigeria national petroleum corporation.

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Authors: Nitai Biswas, Prasenjit Kapas, Arumay Jana, Asish Paul

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Introduction: Motivation is basic drive for all kinds of action. It has direct influence on academic achievement and sports performance that builds urge to incentive values of success. In other words, it can be defined as the need for success to attain excellence. Anxiety in pre competition especially in sports formulates positive inward settings in mind to overcome the challenge. There is a tendency to perceive competitive situations as some threatening issues and to respond them with feelings of apprehension and tension. Aim: Aim of the study was to compare the achievement motivation and competition anxiety among three different classes of students. Methods and Materials: To conduct the study the researcher has taken 131 male subjects from three different classes as Extra Department, Bachelor of Physical Education-I and Master of Physical EducationII, aged 19-28 years. Achievement motivation and sports competition anxiety were measured by the questionnaire. To analyze the data mean, standard deviation for each parameter as descriptive statistics and one way analysis of variance as inferential statistics were employed. Results: From the result of the study in achievement motivation (p ≥ 0.05) and competition anxiety (p ≥ 0.05) no significant differences were found among the said three groups. Conclusion: The study concluded that all three groups had almost the same state of achievement motivation and sports competition anxiety.

Keywords: Anxiety, sports psychology, sports competition anxiety, achievement motivation, academic hierarchy.

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Authors: Yongkun Li, Kaihong Zhao

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By using Mawhin-s continuation theorem of coincidence degree theory, we establish the existence of 2n positive periodic solutions for n species non-autonomous Lotka-Volterra competition systems with harvesting terms. An example is given to illustrate the effectiveness of our results.

Keywords: Positive periodic solutions, Lotka-Volterra competition system, coincidence degree, harvesting term.

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Authors: Arishai Akraudom

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The objective of this research was to study the themes of alcoholic beverage advertisements in Thailand after the enactment of the 2008 Alcoholic Beverage Control Act. Data was collected through textual analysis of 35 television and cinema advertisements for alcoholic beverage products broadcast in Thailand. Nine themes were identified, seven of which were themes that had previously been used before the new law (i.e. power, competition, friendship, Thainess, success, romance and safety) and two of which were new themes (volunteerism and conservation) that were introduced as a form of adaptation and negotiation in response to the new law.

Keywords: Alcoholic Beverage Control Act 2008, Alcohol Advertising, Analysis of Themes, Narrative Structure, Health Communication.

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Authors: Antonio Estache, Atsushi Iimi

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Limited competition has been a serious concern in infrastructure procurement. Importantly, however, there are normally a number of potential bidders initially showing interest in proposed projects. This paper focuses on tackling the question why these initially interested bidders fade out. An empirical problem is that no bids of fading-out firms are observable. They could decide not to enter the process at the beginning of the tendering or may be technically disqualified at any point in the selection process. The paper applies the double selection model to procurement data from road development projects in developing countries and shows that competition ends up restricted, because bidders are self-selective and auctioneers also tend to limit participation depending on the size of contracts.Limited competition would likely lead to high infrastructure procurement costs, threatening fiscal sustainability and economic growth.

Keywords: Auction theory, endogenous bidder entry, infrastructure development, public procurement.

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Authors: Antonios Maniatis

Abstract:

The main purpose of this paper is to determine the impact of both International Humanitarian Law and anti-piracy International Law on Constitutional Law. International Law is endowed with a rich set of norms on the protection of private individuals in armed conflicts and copes with the diachronic crime of maritime piracy, which may be considered as a private war in the high seas. Constitutional Law has been traditionally geared at two generations of fundamental rights. The paper will aim at answering the question “Which is the profile of 3G constitutional rights, particularly in the light of International Humanitarian Law?”

Keywords: Constitution, Humanitarian International Law, Piracy, 3G fundamental rights.

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Authors: S. K. Berdibayeva, Z. Z. Beissenova, A. Z. Ayaganova

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the aim of this study was to analyze ethnopsychological content of “Aitys" as a process of creative competition in Kazakh traditional folklore by means of Transaction analysis (three types of Ego states are Parent, Adult and Child). “Aitys" is as sources of Kazakh national self-consciousness and form of oral Kazakh national creativity. Comparative psychological analysis of classical and modern “aityses" is carried out. Empirical proved that the victory in “Aitys" is provided with a position of egostate “Adult".

Keywords: aitys, creative competition, Ego state, transaction analysis

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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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Authors: Daiming Wang

Abstract:

In this paper, a neutral impulsive competition system with distributed delays is studied by using Mawhin-s coincidence degree theory and the mean value theorem of differential calculus. Sufficient conditions on the existence of positive periodic solution of the system are obtained.

Keywords: Neutral impulsive delay system, competitive system, coincidence degree, periodic solution, existence.

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Authors: Bainian Li, Kongsheng Zhang

Abstract:

Strong law of large numbers and complete convergence for sequences of *-mixing random variables are investigated. In particular, Teicher-s strong law of large numbers for independent random variables are generalized to the case of *-mixing random sequences and extended to independent and identically distributed Marcinkiewicz Law of large numbers for *-mixing.

Keywords: mixing squences, strong law of large numbers, martingale differences, Lacunary System

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Authors: Saeid Rabiei Majd, Motahareh Alvandi, Mehrad Rabiei

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The rapid economic and technological development of any country depends on access to cheap sources of energy. Competition for access to petroleum resources is always accompanied by numerous environmental risks. These factors have caused more attention to environmental issues and sustainable development in petroleum contracts and activities. Nowadays, a sign of developed countries is adhering to the principles and rules of international environmental law and sustainable development of commercial contracts. China has entered into play through the massive project plan, One Belt, One Road. China is becoming a new emerging power in the world. China's bilateral investment treaties have an impact on environmental rights and sustainable development through regional and international foreign direct investment. The aim of this research is to examine China's key position to promote and improve environmental principles and international law and sustainable development in the energy sector in the world through the initiative, One Belt, One Road. Based on this hypothesis, it seems that in the near future, China's investment bilateral investment treaties will become popular investment model used in global trade, especially in the field of energy and sustainable development. They will replace the European and American models. The research method is including literature review, analytical and descriptive methods.

Keywords: Principles of sustainable development, oil and gas law, Chinas BITs, one belt one road, environmental rights.

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Authors: Chien-Chun Kung, Feng-Lung Chiang, Kuei-Yi Chen

Abstract:

In this paper, we will implement three-dimensional pursuit guidance law with feedback linearization control method and study the effects of parameters. First, we introduce guidance laws and equations of motion of a missile. Pursuit guidance law is our highlight. We apply feedback linearization control method to obtain the accelerations to implement pursuit guidance law. The solution makes warhead direction follow with line-of-sight. Final, the simulation results show that the exact solution derived in this paper is correct and some factors e.g. control gain, time delay, are important to implement pursuit guidance law.

Keywords: Pursuit guidance law, feedback linearization.

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Authors: M. Yusefzad

Abstract:

Law of energy conservation is one of the fundamental laws of physics. Energy is conserved, and the total amount of energy is constant. It can be transferred from one object to another and changed from one state to another. However, in the case of wave interference, this law faces important contradictions. Based on the presented mathematical relationship in this paper, it seems that validity of this law depends on the path of energy wave, like light, in which it is located. In this paper, by using some fundamental concepts in physics like the constancy of the electromagnetic wave speed in a specific media and wave theory of light, it will be shown that law of energy conservation is not valid in every condition and in some circumstances, it is possible to increase energy of a system with a determined amount of energy without any input.

Keywords: Power, law of energy conservation, electromagnetic wave, interference, Maxwell’s equations.

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Authors: Snehasis Kundu, Koeli Ghoshal

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In this paper, based on flume experimental data, the velocity distribution in open channel flows is re-investigated. From the analysis, it is proposed that the wake layer in outer region may be divided into two regions, the relatively weak outer region and the relatively strong outer region. Combining the log law for inner region and the parabolic law for relatively strong outer region, an explicit equation for mean velocity distribution of steady and uniform turbulent flow through straight open channels is proposed and verified with the experimental data. It is found that the sediment concentration has significant effect on velocity distribution in the relatively weak outer region.

Keywords: Inner and outer region, Log law, Parabolic law, Richardson number.

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Authors: Z. Baimagambetova, Zh. Sairambaeva

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This article discusses the prospects of participation of the Republic of Kazakhstan in Hague Conference on Private International Law on the unification of collision law in the international trade. The article analyzes some conventions on international trade. The appropriate conclusions based on the opinions of scientists and experts in this field have been made. First, all issues presented in the form of gaps or spaces in conventions should be the subject to direct negotiations in the course of the activities of Hague Conference, and have a comprehensive feature, be transparent and taken under simplified procedure. Secondly, one should not underestimate the value of conventions that do not become active due to various reasons and having a positive impact on the development and improvement of national legislation and practice in the field of private international law. Thirdly, Kazakhstan has to reconsider its attitude to Hague Conference, having become its full member and aiming at providing constructive and fruitful cooperation with both the organization itself and its member states.

Keywords: Hague Conference on Private International Law, Hague Conventions, unification, collision norms, international trade, international private law, integration.

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Authors: K. Eryesil, O. Esmen, A. Beduk

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In this study, it has been studied to determine the relationship between business performance and strategic flexibility, which is defined to be the strategic choice that provides the ability of rapidly responding the changes of the dynamic environment of the companies, for having competitive advantages. In this context a field study has been conducted over 56 companies, which are active in informatics and electronics sectors in TEKNOKENT. As a result of the study it has been determined that; strategic flexibility has an effect on business performance and there is a positive and statistically significant relationship between strategic flexibility and business performance.

Keywords: Sustainable Competition Advantage, Strategic Flexibility, Firm Performance, TEKNOKENT.

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Authors: Kannanut Chamsri

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Darcy’s Law is a well-known constitutive equation describing the flow of a fluid through a porous medium. The equation shows a relationship between the superficial or Darcy velocity and the pressure gradient which was first experimentally observed by Henry Darcy in 1855-1856. In this study, we apply homogenization method to Stokes equation in order to derive Darcy’s Law. The process of deriving the equation is complicated, especially in multidimensional domain. Thus, for the sake of simplicity, we use the indicial notation as well as the homogenization. This combination provides a smooth, simple and easy technique to derive Darcy’s Law.

Keywords: Darcy’s Law, Homogenization method, Indicial notation

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Authors: Abdulrahman Aloufi

Abstract:

E-commerce has evolved to become a functional and mainstream tool of global trading, including in the Kingdom of Saudi Arabia. Consequently, online consumers need protection just as much as consumers in the offline world. In 2019, the Ministry of Commerce in Saudi Arabia established a so-called ‘e-commerce law’; however, this law does not cover the court enforcement of contracts entered into by international vendors, so it is not applicable in cross-border situations. The purpose of this paper is to identify the gaps present in this new e-commerce law in Saudi Arabia.

Keywords: Consumer protection, e-commerce law, Saudi consumer, international vendor.

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Authors: Dhahri Maher, Aouinet Hana

Abstract:

The presence of bubbles in the boundary layer introduces corrections into the log law, which must be taken into account. In this work, a logarithmic wall law was presented for bubbly two phase flows. The wall law presented in this work was based on the postulation of additional turbulent viscosity associated with bubble wakes in the boundary layer. The presented wall law contained empirical constant accounting both for shear induced turbulence interaction and for non-linearity of bubble. This constant was deduced from experimental data. The wall friction prediction achieved with the wall law was compared to the experimental data, in the case of a turbulent boundary layer developing on a vertical flat plate in the presence of millimetric bubbles. A very good agreement between experimental and numerical wall friction prediction was verified. The agreement was especially noticeable for the low void fraction when bubble induced turbulence plays a significant role.

Keywords: Bubbly flows, log law, boundary layer.

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Authors: Gábor Szűcs, Gábor Neszveda, Xin Fang

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In this paper the General Game problem is described. In this problem the competition or cooperation dilemma occurs as the two basic types of strategies. The strategy possibilities have been analyzed for finding winning strategy in uncertain situations (no information about the number of players and their strategy types). The winning strategy is missing, but a good solution can be found by simulation by varying the ratio of the two types of strategies. This new method has been used in a real contest with human players, where the created strategies by simulation have reached very good ranks. This construction can be applied in other real social games as well.

Keywords: competition, cooperation, finding good strategy, General Game

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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: A. A. Shafie, M. F. Alias, M. H. Ali

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The main objective of this project is to build an autonomous microcontroller-based mobile robot for a local robot soccer competition. The black competition field is equipped with white lines to serve as the guidance path for competing robots. Two prototypes of soccer robot embedded with the Basic Stamp II microcontroller have been developed. Two servo motors are used as the drive train for the first prototype whereas the second prototype uses two DC motors as its drive train. To sense the lines, lightdependent resistors (LDRs) supply the analog inputs for the microcontroller. The performances of both prototypes are evaluated. The DC motor-driven robot has produced better trajectory control over the one using servo motors and has brought the team into the final round.

Keywords: Soccer robot, Obstacle detection, Differential drive, Line following.

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Authors: Randhir Singh Baghel, Govind Shay Sharma

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In this paper, we explore an ecosystem that contains a three-species food chain. The first and second species are in competition with one another for resources. However, the third species plays an important role in providing non-linear Crowley-Martin functional support for the first species. Additionally, the third species consumes the second species in a linear fashion, taking advantage of the available resources. This intricate balance ensures the survival of all three species in the ecosystem. A set of non-linear isolated first-order differential equations establish this model. We examine the system's stability at all potential equilibrium locations using the perturbed technique. Furthermore, by spending a lot of time observing the species in their natural habitat, the numerical illustrations at suitable parameter values for the model are shown.

Keywords: Competition, predator, response function, local stability, numerical simulations.

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Authors: Triyanto, Rima Vien Permata Hartanto

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Indonesia is a legal state. The consequence of this status is the recognition and protection of the existence of indigenous peoples. This paper aims to describe the dynamics of legal recognition and protection for indigenous peoples within the framework of Indonesian law. This paper is library research based on literature. The result states that although the constitution has normatively recognized the existence of indigenous peoples and their traditional rights, in reality, not all rights were recognized and protected. The protection and recognition for indigenous people need to be strengthened.

Keywords: Indigenous peoples, customary law, state law, state of law.

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Authors: Prateek Maheshwari, Nitin Seth

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It’s an era of high competition, dynamism and complexities which have forced organizations to change dramatically due to rising customer expectations. Marketers are under constant pressure to deliver finest to their customers. With the advent of technology, marketers have identified latest advertising media options to reach out to target audience. But the conventional ways of print advertisements still holds a deeper penetration and coverage. Various researchers and practitioners have studied the area of print media advertising and have tried to identify and implement advertisement effectiveness enablers. The purpose of this paper is to suggest select enablers for print media in Indian context using an integrated approach of review of literature and investigative interviews with academicians and experts from the area of advertising.

Keywords: Advertising, Advertisement Effectiveness, Competition, Print Media.

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Authors: M. Amberg, M. Gepp, S. Horn

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In today-s economy plant engineering faces many challenges. For instance the intensifying competition in this business is leading to cost competition and needs for a shorter time-to-market. To remain competitive companies need to make their businesses more profitable by implementing improvement programs such as standardization projects. But they have difficulties to tap their full economic potential for various reasons. One of them is non-holistic planning and implementation of standardization projects. This paper describes a new conceptual framework - the layer-model. The model combines and expands existing proven approaches in order to improve design, implementation and management of standardization projects. Based on a holistic approach it helps to systematically analyze the effects of standardization projects on different business layers and enables companies to better seize the opportunities offered by standardization.

Keywords: layer model, plant engineering, standardization.

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Authors: Khadija Ali

Abstract:

Prosecution of sexual violence in international criminal law requires not only an understanding of the mechanisms employed to prosecute sexual violence but also a critical analysis of the factors facilitating perpetuation of such crimes in armed conflicts. The extrapolations laid out in this essay delve into the jurisprudence of international criminal law pertaining to sexual and gender based violence followed by the core question of this essay – has the entrenchment of sexual violence as international crimes in the Rome Statute been successful to address such violence in armed conflicts?

Keywords: Conflict, Gender, International Criminal Law Sexual Violence.

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