Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 60

Search results for: law enforcement

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

Authors: Roxan Venter

Abstract:

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

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

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59 Platform-as-a-Service Sticky Policies for Privacy Classification in the Cloud

Authors: Maha Shamseddine, Amjad Nusayr, Wassim Itani

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In this paper, we present a Platform-as-a-Service (PaaS) model for controlling the privacy enforcement mechanisms applied on user data when stored and processed in Cloud data centers. The proposed architecture consists of establishing user configurable ‘sticky’ policies on the Graphical User Interface (GUI) data-bound components during the application development phase to specify the details of privacy enforcement on the contents of these components. Various privacy classification classes on the data components are formally defined to give the user full control on the degree and scope of privacy enforcement including the type of execution containers to process the data in the Cloud. This not only enhances the privacy-awareness of the developed Cloud services, but also results in major savings in performance and energy efficiency due to the fact that the privacy mechanisms are solely applied on sensitive data units and not on all the user content. The proposed design is implemented in a real PaaS cloud computing environment on the Microsoft Azure platform.

Keywords: Privacy enforcement, Platform-as-a-Service privacy awareness, cloud computing privacy.

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58 Ballast Water Management Triad: Administration, Ship Owner and the Seafarer

Authors: Rajoo Balaji, Omar Yaakob

Abstract:

The Ballast Water Convention requires less than 5% of the world tonnage for ratification. Consequently, ships will have to comply with the requirements. Compliance evaluation and enforcement will become mandatory. Ship owners have to invest in treatment systems and shipboard personnel have to operate them and ensure compliance. The monitoring and enforcement will be the responsibilities of the Administrations. Herein, a review of the current status of the Ballast Water Management and the issues faced by these are projected. Issues range from efficacy and economics of the treatment systems to sampling and testing. Health issues of chemical systems, paucity of data for decision support etc., are other issues. It is emphasized that management of ballast water must be extended to ashore and sustainable solutions must be researched upon. An exemplar treatment system based on ship’s waste heat is also suggested.

Keywords: Ballast water management, Compliance evaluation, Compliance enforcement, Sustainability.

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57 Anti-Money Laundering Requirements – Perceived Effectiveness

Authors: C. C. Huang, M. S. Amirrudin, N. A. Ahamad Noruddin, R. Othman

Abstract:

Anti-money laundering is commonly recognized as a set of procedures, laws or regulations designed to reduce the practice of generating income through illegal actions. In Malaysia, the government and law enforcement agencies have stepped up their capacities and efforts to curb money laundering since 2001. One of these measures was the enactment of the Anti-Money Laundering Act (AMLA) in 2001. The implementation costs on anti-money laundering requirements (AMLR) can be burdensome to those who are involved in enforcing them. The objective of this paper is to explore the perceived effectiveness of AMLR from the enforcement agencies- perspective. This is a preliminary study whose findings will help to give direction for further AML research in Malaysia. In addition, the results of this study provide empirical evidences on the perceived effectiveness of AMLR prior to further investigations on barriers and improvements of the implementation of the anti-money laundering regime in Malaysia.

Keywords: Anti-money laundering, anti-money laundering requirements, perceived effectiveness, enforcement agencies.

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56 Analyzing and Determining the Ideal Response Force for Combatting Terrorist Groups

Authors: Erhan Turgut, Salih Ergün, Abdülkadir Öz

Abstract:

Terror is a modern war strategy which uses violence as a means of communication in order to achieve political objectives. In today’s security environment narrowing the propaganda field of terrorist organization is the primary goal for the security forces. In this sense, providing and maintaining public support is the most necessary ability for security units. Rather than enemy and threat-oriented approach, homeland security oriented approach is essential to ensure public support. In this study, terror assumed as a homeland security issue and assigning the law enforcement forces with military status is analyzed.

Keywords: Terrorism, Counter-terrorism, Military Status Law-enforcement.

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55 An Analysis of Digital Forensic Laboratory Development among Malaysia’s Law Enforcement Agencies

Authors: Sarah K. Taylor, Miratun M. Saharuddin, Zabri A. Talib

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Cybercrime is on the rise, and yet many Law Enforcement Agencies (LEAs) in Malaysia have no Digital Forensics Laboratory (DFL) to assist them in the attrition and analysis of digital evidence. From the estimated number of 30 LEAs in Malaysia, sadly, only eight of them owned a DFL. All of the DFLs are concentrated in the capital of Malaysia and none at the state level. LEAs are still depending on the national DFL (CyberSecurity Malaysia) even for simple and straightforward cases. A survey was conducted among LEAs in Malaysia owning a DFL to understand their history of establishing the DFL, the challenges that they faced and the significance of the DFL to their case investigation. The results showed that the while some LEAs faced no challenge in establishing a DFL, some of them took seven to 10 years to do so. The reason was due to the difficulty in convincing their management because of the high costs involved. The results also revealed that with the establishment of a DFL, LEAs were better able to get faster forensic result and to meet agency’s timeline expectation. It is also found that LEAs were also able to get more meaningful forensic results on cases that require niche expertise, compared to sending off cases to the national DFL. Other than that, cases are getting more complex, and hence, a continuous stream of budget for equipment and training is inevitable. The result derived from the study is hoped to be used by other LEAs in justifying to their management the benefits of establishing an in-house DFL.

Keywords: Digital forensics, digital forensics laboratory, digital evidence, law enforcement agency.

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54 The Social Area Disclosure to Reduce Conflicts between Community and the State: A Case of Mahakan Fortress, Bangkok

Authors: Saowapa Phaithayawat

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The purposes of this study are 1) to study the over 20-year attempt of Mahakan fort community to negotiate with Bangkok Metropolitan Administration (BMA) to remain in their residential area belonging to the state, and 2) to apply the new social and cultural dimension between the state and the community as an alternative for local participation in keeping their residential area. This is a qualitative research, and the findings reveal that the community claimed their ancestors’ right as owners of this piece of land for over 200 years. The community, therefore, requested to take part in the preservation of land, culture and local intellect and the area management in terms of being a learning resource on the cultural road in Rattanakosin Island. However, BMA imposed the law concerning the community area relocation in Rattanakosin Island. The result of law enforcement led to the failure of the area relocation, and the hard hit on physical structure of the area including the overall deterioration of the cultural road renovated in the year 1982, the 200 years’ celebration of Bangkok. The enforcement of law by the state required the move of the community, and the landscape improvement based on the capital city plan. However, this enforcement resulted in the unending conflicts between the community and the state, and the solution of this problem was unclear. At the same time the community has spent a long time opposing the state’s action, and preparing themselves by administrating the community behind Mahakan fortress with community administrative committee under the suggestion of external organization by registering all community members, providing funds for community administration. At the meantime the state lacked the continuation of the enforcement due to political problem and BMA’s administration problem. It is, therefore, suggested that an alternative solution to this problem lie at the negotiation between the state and the community with the purpose of the collaboration between the two to develop the area under the protective law of each side.

Keywords: Pom-Mahakan Community, The Reduction of Conflicts, The Social Area Disclosure.

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

Authors: Kelly Grani Yuen

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

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

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52 Evolving Paradigm of Right to Development in International Human Rights Law and Its Transformation into the National Legal System: Challenges and Responses in Pakistan

Authors: Naeem Ullah Khan, Kalsoom Khan

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No state can be progressive and prosperous in which a large number of people is deprived of their basic economic rights and freedoms. In the contemporary world of globalization, the right to development has gained a momentum force in the domain of International Development Law (IDL) and has integrated into the National Legal System (NLS) of the major developed states. The international experts on human rights argued that the right to development (RTD) is called a third-generation human right which tends to enhance the welfare and prosperity of individuals, and thus, it is a right to a process whose outcomes are human rights despite the controversy on the implications of RTD. In the Pakistan legal system, the RTD has not been expressly stated in the constitution of the Islamic Republic of Pakistan, 1973. However, there are some implied constitutional provisions which reflect the concept of RTD. The jurisprudence on RTD is still an evolving paradigm in the contextual perspective of Pakistan, and the superior court of diverse jurisdiction acts as a catalyst regarding the protection and enforcement of RTD in the interest of the public at large. However, the case law explores the positive inclination of the courts in Pakistan on RTD be incorporated as an express provision in the chapters of fundamental rights; in this scenario, the high court’s of Pakistan under Article 199 and the supreme court of Pakistan under Article 184(3) have exercised jurisdiction on the enforcement of RTD. This paper inter-alia examines the national dimensions of RTD from the standpoint of state practice in Pakistan and it analyzes the experience of judiciary in the protection and enforcement of RTD. Moreover, the paper highlights the social and cultural challenges to Pakistan in the implementation of RTD and possible solution to improve the conditions of human rights in Pakistan. This paper will also highlight the steps taken by Pakistan regarding the awareness, incorporation, and propagation of RTD at the national level.

Keywords: Globalization, Pakistan, RTD, third-generation right.

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51 Changes in Student Definition of De-Escalation in Professional Peace Officer Education

Authors: Pat Nelson

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Since the release of the 21st century policing report in the United States, the techniques of de-escalation have received a lot of attention and focus in political systems, policy changes, and the media. The challenge in professional peace officer education is that there is a vast range of defining de-escalation and understanding the various techniques involved, many of which are based on popular media. This research surveyed professional peace officer education university students on their definition of de-escalation and the techniques associated with de-escalation before specific communications coursework was completed. The students were then surveyed after the communication coursework was completed to determine the changes in defining and understanding de-escalation techniques. This research has found that clearly defining de-escalation and emphasizing the broad range of techniques available enhances the students’ understanding and application of proper de-escalation. This research demonstrates the need for professional peace officer education to move students from media concepts of law enforcement to theoretical concepts.

Keywords: Criminal justice education, de-escalation, law enforcement, peace officer communications.

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50 Corporate Fraud: An Analysis of Malaysian Securities Commission Enforcement Releases

Authors: Raziah Bi Mohamed Sadique, Jamal Roudaki, Murray B. Clark, Norhayati Alias

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Economic crime (i.e. corporate fraud) has a significant impact on business. This study analyzes the fraud cases reported by the Malaysian Securities Commission. Frauds involving market manipulation and/or illegal share trading are the most common types of fraud reported over the 6 years analyzed. The highest number of frauds reported involved investment and fund holding companies. Alarmingly the results indicate quite a high number of frauds cases are committed by management. The higher number of Chinese perpetrators may be due to fact that they are the dominant group in Malaysian business. The result also shows that more than half of companies involved with fraud are privately held companies in the investment/fund/finance sector. The results of this study highlight general characteristic of perpetrators (person and company) that commit fraud which could help the regulators in their monitoring and enforcement activities. To investors, this would help in analyzing their business investment or portfolio risk.

Keywords: Corporate fraud, economic crime, fraudcharacteristic, perpetrators

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49 Measuring the Performance of the Accident Reductions: Evidence from Izmir City

Authors: Y. Duvarci, S. Mizokami

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Traffic enforcement units (the Police) are partly responsible for the severity and frequency of the traffic accidents via the effectiveness of their safety measures. The Police claims that the reductions in accidents and their severities occur largely by their timely interventions at the black spots, through traffic management or temporary changes in the road design (guiding, reducing speeds and eliminating sight obstructions, etc.). Yet, some other external factors than the Police measures may intervene into which such claims require a statistical confirmation. In order to test the net impact of the Police contribution in the reduction of the number of crashes, Chi square test was applied for 25 spots (streets and intersections) and an average evaluation was achieved for general conclusion in the case study of Izmir city. Separately, the net impact of economic crisis in the reduction of crashes is assessed by the trend analysis for the case of the economic crisis with the probable reduction effects on the trip generation or modal choice. Finally, it was proven that the Police measures were effective to some degree as they claimed, though the economic crisis might have only negligible contribution to the reductions in the same period observed.

Keywords: Road Safety, Police, Enforcement units, Chi Squaretest, Economic Impact.

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48 Combating Money Laundering in the Banking Industry: Malaysian Experience

Authors: Aspalella A. Rahman

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Money laundering has been described by many as the lifeblood of crime and is a major threat to the economic and social well-being of societies. It has been recognized that the banking system has long been the central element of money laundering. This is in part due to the complexity and confidentiality of the banking system itself. It is generally accepted that effective anti-money laundering (AML) measures adopted by banks will make it tougher for criminals to get their "dirty money" into the financial system. In fact, for law enforcement agencies, banks are considered to be an important source of valuable information for the detection of money laundering. However, from the banks- perspective, the main reason for their existence is to make as much profits as possible. Hence their cultural and commercial interests are totally distinct from that of the law enforcement authorities. Undoubtedly, AML laws create a major dilemma for banks as they produce a significant shift in the way banks interact with their customers. Furthermore, the implementation of the laws not only creates significant compliance problems for banks, but also has the potential to adversely affect the operations of banks. As such, it is legitimate to ask whether these laws are effective in preventing money launderers from using banks, or whether they simply put an unreasonable burden on banks and their customers. This paper attempts to address these issues and analyze them against the background of the Malaysian AML laws. It must be said that effective coordination between AML regulator and the banking industry is vital to minimize problems faced by the banks and thereby to ensure effective implementation of the laws in combating money laundering.

Keywords: Banking Industry, Bank Negara Money, Laundering, Malaysia.

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47 An Approach to Secure Mobile Agent Communication in Multi-Agent Systems

Authors: Olumide Simeon Ogunnusi, Shukor Abd Razak, Michael Kolade Adu

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Inter-agent communication manager facilitates communication among mobile agents via message passing mechanism. Until now, all Foundation for Intelligent Physical Agents (FIPA) compliant agent systems are capable of exchanging messages following the standard format of sending and receiving messages. Previous works tend to secure messages to be exchanged among a community of collaborative agents commissioned to perform specific tasks using cryptosystems. However, the approach is characterized by computational complexity due to the encryption and decryption processes required at the two ends. The proposed approach to secure agent communication allows only agents that are created by the host agent server to communicate via the agent communication channel provided by the host agent platform. These agents are assumed to be harmless. Therefore, to secure communication of legitimate agents from intrusion by external agents, a 2-phase policy enforcement system was developed. The first phase constrains the external agent to run only on the network server while the second phase confines the activities of the external agent to its execution environment. To implement the proposed policy, a controller agent was charged with the task of screening any external agent entering the local area network and preventing it from migrating to the agent execution host where the legitimate agents are running. On arrival of the external agent at the host network server, an introspector agent was charged to monitor and restrain its activities. This approach secures legitimate agent communication from Man-in-the Middle and Replay attacks.

Keywords: Agent communication, introspective agent, isolation of agent, policy enforcement system.

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46 Off-Shore Port Management on the Environmental Issue - Case Study of Sichang Harbor

Authors: Sarisa Pechpoothong

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The research is to minimize environmental damage pertinent to maritime activities about the operation of lighter boat anchorage and its tugboat. The guidance on upgrading current harbor service and infrastructure has been provided to Kho Sichang Municpality. This will involve a study of the maritime logistics of the water area under jurisdiction of the Sichang island Municipality and possible recommendations may involve charging taxes, regulations and fees. With implementing these recommendations will help in protection of the marine environment and in increasing operator functionality. Additionally, our recommendation is to generate a consistent revenue stream to the municipality. The action items contained in this research are feasible and effective, the success of these initiatives are heavily dependent upon successful promotion and enforcement. Promoting new rules and regulations effectively and peacefully can be done through theories and techniques used in the psychology of persuasion. In order to assure compliance with the regulations, the municipality must maintain stringent patrols and fines for violators. In order to become success, the Municipality must preserve a consistent, transparent and significant enforcement system. Considering potential opportunities outside of the current state of the municipality, the authors recommend that Koh Sichang be given additional jurisdiction to capture value from the master vessels, as well as to confront the more significant environmental challenges these vessels pose. Finally, the authors recommend that the Port of Koh Sichang Island obtain a free port status in order to increase economic viability and overall sustainability.

Keywords: Harbor, Garbage Collection Service, Environment, Off-shore port.

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45 Conciliation Bodies as an Effective Tool for the Enforcement of Air Passenger Rights: Examination of an Exemplary Model in Germany

Authors: C. Hipp

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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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44 Collective Redress in Consumer Protection in South East Europe: Cross-National Comparisons, Issues of Commonality and Difference

Authors: Veronika Efremova

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In recent decades, there have been significant developments in the European Union in the field of collective consumer redress. South East European countries (SEE) covered by this paper, in line with their EU accession priorities and duties under Stabilisation and Association Agreements, have to harmonize their national laws with the relevant EU acquis for consumer protection (Chapter 28: Health and Consumer). In these countries, only minimal compliance is achieved. SEE countries have introduced rudimentary collective redress mechanisms, with modest enforcement of collective redress and case law. This paper is based on comprehensive interdisciplinary research conducted for SEE countries on common principles for injunctive and compensatory collective redress mechanisms, emphasizing cross-national comparisons, underlining issues of commonality and difference aiming to develop recommendations for an adequate enforcement of collective redress. SEE countries are recognized by the sectoral approach for regulating collective redress contrary to the majority of EU Member States with having adopted horizontal approach to collective redress. In most SEE countries, the laws do not recognize compensatory but only injunctive collective redress in consumer protection. All responsible stakeholders for implementation of collective redress in SEE countries, lack information and awareness on collective redress mechanisms and the way they function in practice. Therefore, specific actions are needed in these countries to make the whole system of collective redress for consumer protection operational and efficient. Taking into consideration the various designated stakeholders in collective redress in each SEE countries, there is a need of their mutual coordination and cooperation in order to develop consumer protection system and policies. By putting into practice the national collective redress mechanisms, effective access to justice for all consumers, the principle of rule of law will be secured and appropriate procedural guarantees to avoid abusive litigation will be ensured.

Keywords: Collective redress mechanism, consumer protection, commonality and difference, South East Europe.

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43 The Need to Enhance Online Consumer Protection in KSA

Authors: Abdulrahman Aloufi

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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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42 Democratization, Market Liberalization and the Raise of Vested Interests and Its Impacts on Anti-Corruption Reform in Indonesia

Authors: Ahmad Khoirul Umam

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This paper investigates the role of vested interests and its impacts on anti-corruption agenda in Indonesia following the collapse of authoritarian regime in 1998. A pervasive and rampant corruption has been believed as the main cause of the state economy’s fragility. Hence, anti-corruption measures were implemented by applying democratization and market liberalization since the establishment of a consolidated democracy which go hand in hand with a liberal market economy is convinced to be an efficacious prescription for effective anti-corruption. The reform movement has also mandated the establishment of the independent, neutral and professional special anti-corruption agency namely Corruption Eradication Commission (KPK) to more intensify the fight against the systemic corruption. This paper will examine whether these anti-corruption measures have been effective to combat corruption, and investigate to what extend have the anti-corruption efforts, especially those conducted by KPK, been impeded by the emergence of a nexus of vested interests as the side-effect of democratization and market liberalization. Based on interviews with key stakeholders from KPK, other law enforcement agencies, government, prominent scholars, journalists and NGOs in Indonesia, it is found that since the overthrow of Soeharto, anti-corruption movement in the country have become more active and serious. After gradually winning the hearth of people, KPK successfully touched the untouchable corruption perpetrators who were previously protected by political immunity, legal protection and bureaucratic barriers. However, these changes have not necessarily reduced systemic and structural corruption practices. Ironically, intensive and devastating counterattacks were frequently posed by the alignment of business actors, elites of political parties, government, and also law enforcement agencies by hijacking state’s instruments to make KPK deflated, powerless, and surrender. This paper concludes that attempts of democratization, market liberalization and the establishment of anti-corruption agency may have helped Indonesia to reduce corruption. However, it is still difficult to imply that such anti-corruption measures have fostered the more effective anti-corruption works in the newly democratized and weakly regulated liberal economic system.

Keywords: Vested interests, democratization, market liberalization, anti-corruption, leadership.

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41 Access Policy Specification for SCADA Networks

Authors: Rodrigo Chandia, Mauricio Papa

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Efforts to secure supervisory control and data acquisition (SCADA) systems must be supported under the guidance of sound security policies and mechanisms to enforce them. Critical elements of the policy must be systematically translated into a format that can be used by policy enforcement components. Ideally, the goal is to ensure that the enforced policy is a close reflection of the specified policy. However, security controls commonly used to enforce policies in the IT environment were not designed to satisfy the specific needs of the SCADA environment. This paper presents a language, based on the well-known XACML framework, for the expression of authorization policies for SCADA systems.

Keywords: Access policy specification, process control systems, network security.

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40 Research on Laws and Regulations of Sustainable Construction in China

Authors: Wei Zhang, Jing Dong

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This paper introduced the status quo of laws and regulations of sustainable construction in China and investigated the existing problems of current laws and regulations through person-interviews in Beijing, Shanghai, Chongqing and Shenzhen in China. The problems include incomplete legal system, lack of guidance of higher-level laws, backward in some laws and regulations, unclear legal liability and poor law enforcement. Aimed at these problems, this paper also put forward some improvement approaches, such as filling the legal gap, revising laws and regulations, establishing incentive system and keeping pace with level of development.

Keywords: Improvement, laws and regulations, status quo, sustainable construction

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39 Safety Practices among Bus Operators during Wee Hour Operations

Authors: M.R. Osman, F. Abas, M.S. Noh, A. Mohamad Suffian, O. Ilhamah, H.Z. Zarir, A.B. Wahida, P. Noor Faradila, M.F. Siti Atiqah

Abstract:

Safety Health and Environment Code of Practice (SHE COP) was developed to help road transportation operators to manage its operation in a systematic and safe manner. A study was conducted to determine the effectiveness of SHE COP implementation during non-OPS period. The objective of the study is to evaluate the implementations of SHE COP among bus operators during wee hour operations. The data was collected by completing a set of checklist after observing the activities during pre departure, during the trip, and upon arrival. The results show that there are seven widely practiced SHE COP elements. 22% of the buses have average speed exceeding the maximum permissible speed on the highways (90 km/h), with 13% of the buses were travelling at the speed of more than 100 km/h. The statistical analysis shows that there is only one significant association which relates speeding with prior presence of enforcement officers.

Keywords: Safety practices, speeding, wee hour.

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38 Extensiveness and Effectiveness of Corporate Governance Regulations in South-Eastern Europe

Authors: Ana Bobirca, Paul-Gabriel Miclaus

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The purpose of the article is to illustrate the main characteristics of the corporate governance challenge facing the countries of South-Eastern Europe (SEE) and to subsequently determine and assess the extensiveness and effectiveness of corporate governance regulations in these countries. Therefore, we start with an overview on the subject of the key problems of corporate governance in transition. We then address the issue of corporate governance measurement for SEE countries. To this end, we include a review of the methodological framework for determining both the extensiveness and the effectiveness of corporate governance legislation. We then focus on the actual analysis of the quality of corporate governance codes, as well as of legal institutions effectiveness and provide a measure of corporate governance in Romania and other SEE emerging markets. The paper concludes by emphasizing the corporate governance enforcement gap and by identifying research issues that require further study.

Keywords: corporate governance, effectiveness, extensiveness, South-Eastern Europe

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37 Designing a Socio-Technical System for Groundwater Resources Management, Applying Smart Energy and Water Meter

Authors: S. Mahdi Sadatmansouri, Maryam Khalili

Abstract:

World, nowadays, encounters serious water scarcity problem. During the past few years, by advent of Smart Energy and Water Meter (SEWM) and its installation at the electro-pumps of the water wells, one had believed that it could be the golden key to address the groundwater resources over-pumping issue. In fact, implementation of these Smart Meters managed to control the water table drawdown for short; but it was not a sustainable approach. SEWM has been considered as law enforcement facility at first; however, for solving a complex socioeconomic problem like shared groundwater resources management, more than just enforcement is required: participation to conserve common resources. The well owners or farmers, as water consumers, are the main and direct stakeholders of this system and other stakeholders could be government sectors, investors, technology providers, privet sectors or ordinary people. Designing a socio-technical system not only defines the role of each stakeholder but also can lubricate the communication to reach the system goals while benefits of each are considered and provided. Farmers, as the key participators for solving groundwater problem, do not trust governments but they would trust a fair system in which responsibilities, privileges and benefits are clear. Technology could help this system remained impartial and productive. Social aspects provide rules, regulations, social objects and etc. for the system and help it to be more human-centered. As the design methodology, Design Thinking provides probable solutions for the challenging problems and ongoing conflicts; it could enlighten the way in which the final system could be designed. Using Human Centered Design approach of IDEO helps to keep farmers in the center of the solution and provides a vision by which stakeholders’ requirements and needs are addressed effectively. Farmers would be considered to trust the system and participate in their groundwater resources management if they find the rules and tools of the system fair and effective. Besides, implementation of the socio-technical system could change farmers’ behavior in order that they concern more about their valuable shared water resources as well as their farm profit. This socio-technical system contains nine main subsystems: 1) Measurement and Monitoring system, 2) Legislation and Governmental system, 3) Information Sharing system, 4) Knowledge based NGOs, 5) Integrated Farm Management system (using IoT), 6) Water Market and Water Banking system, 7) Gamification, 8) Agribusiness ecosystem, 9) Investment system.

Keywords: Design Thinking, Human Centered Design, participatory management, Smart Energy and Water Meter (SEWM), socio-technical system, water table drawdown, Internet of Things, Gamification

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36 Anti-Social Networking?

Authors: Jarrod Trevathan, Trina Myers

Abstract:

Social networking is one of the most successful and popular tools to emerge from the Web 2.0 era. However, the increased interconnectivity and access to peoples- personal lives and information has created a plethora of opportunities for the nefarious side of human nature to manifest. This paper categorizes and describes the major types of anti-social behavior and criminal activity that can arise through undisciplined use and/or misuse of social media. We specifically address identity theft, misrepresentation of information posted, cyber bullying, children and social networking, and social networking in the work place. Recommendations are provided for how to reduce the risk of being the victim of a crime or engaging in embarrassing behavior that could irrevocably harm one-s reputation either professionally or personally. We also discuss what responsibilities social networking companies have to protect their users and also what law enforcement and policy makers can do to help alleviate the problems.

Keywords: Identity theft, misrepresentation, cyber bullying, online scams.

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35 Corruption in India: Causes and Remedial Measures

Authors: Ghulam Nabi Naz

Abstract:

After independence, the popular belief that Gandhian will not indulge in corruption got a setback, post-independence setup paved the way for heavy corruption. The menace which would have dealt with strong legal provisions has become a way of life of Indian society. Corruption is recognized as the single biggest problem facing the country today. It undermines democracy and rule of law, violates human rights, distorts market and corrodes the moral fibre of people. The paper discusses the causes and possible remedial measures of corruption and response of people in Indian society. It emphasizes the factors which provide fertile ground for growth of corruption like, degradation of moral values, absence of a strong anti-corruption law and its effective enforcement, accountability, consistency and a defective system of fighting elections. The paper also highlights the reforms necessary for fighting corruption in India.

Keywords: Embezzlement, colonial, licence Raj, good governance, misappropriation, Sangh ideologue, Anna movement.

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34 A Meshfree Solution of Tow-Dimensional Potential Flow Problems

Authors: I. V. Singh, A. Singh

Abstract:

In this paper, mesh-free element free Galerkin (EFG) method is extended to solve two-dimensional potential flow problems. Two ideal fluid flow problems (i.e. flow over a rigid cylinder and flow over a sphere) have been formulated using variational approach. Penalty and Lagrange multiplier techniques have been utilized for the enforcement of essential boundary conditions. Four point Gauss quadrature have been used for the integration on two-dimensional domain (Ω) and nodal integration scheme has been used to enforce the essential boundary conditions on the edges (┌). The results obtained by EFG method are compared with those obtained by finite element method. The effects of scaling and penalty parameters on EFG results have also been discussed in detail.

Keywords: Meshless, EFG method, potential flow, Lagrange multiplier method, penalty method, penalty parameter and scaling parameter

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33 Framework for Government ICT Projects

Authors: Manal Rayes

Abstract:

In its efforts to utilize the information and communication technology to enhance the quality of public service delivery, national and local governments around the world are competing to introduce more ICT applications as tools to automate processes related to law enforcement or policy execution, increase citizen orientation, trust, and satisfaction, and create one-stop-shops for public services. In its implementation, e-Government ICTs need to maintain transparency, participation, and collaboration. Due to this diverse of mixed goals and requirements, e-Government systems need to be designed based on special design considerations in order to eliminate the risks of failure to compliance to government regulations, citizen dissatisfaction, or market repulsion. In this article we suggest a framework with guidelines for designing government information systems that takes into consideration the special requirements of the public sector. Then we introduce two case studies and show how applying those guidelines would result in a more solid system design.

Keywords: e-government, framework, guidelines, system design.

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32 A Statistical Study on Young UAE Driver’s Behavior towards Road Safety

Authors: Sadia Afroza, Rakiba Rouf

Abstract:

Road safety and associated behaviors have received significant attention in recent years, reflecting general public concern. This paper portrays a statistical scenario of the young drivers in UAE with emphasis on various concern points of young driver’s behavior and license issuance. Although there are many factors contributing to road accidents, statistically it is evident that age plays a major role in road accidents. Despite ensuring strict road safety laws enforced by the UAE government, there is a staggering correlation among road accidents and young driver’s at UAE. However, private organizations like BMW and RoadSafetyUAE have extended its support on conducting surveys on driver’s behavior with an aim to ensure road safety. Various strategies such as road safety law enforcement, license issuance, adapting new technologies like safety cameras and raising awareness can be implemented to improve the road safety concerns among young drivers.

Keywords: Driving behavior, GLDS, road safety, UAE drivers, young drivers.

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31 Electronic Commerce: Costumer Protection In Electronic Payments

Authors: Omid Ghassemi

Abstract:

As a by-product of its "cyberspace" status, electronic commerce is global, encompassing a whole range of B2C relationships which need to be approached with solutions provided at a local level while remaining viable when applied to global issues. Today, the European Union seems to be endowed with a reliable legal framework for consumer protection. A question which remains, however, is enforcement of this protection. This is probably a matter of time and awareness from both parties in the B2C relationship. Business should realize that enhancing trust in the minds of consumers is more than a question of technology; it is a question of best practice. Best practice starts with the online service of high street banks as well as with the existence of a secure, user-friendly and cost-effective payment system. It also includes the respect of privacy and the use of smart cards as well as enhancing privacy technologies and fair information practice. In sum, only by offering this guarantee of privacy and security will the consumer be assured that, in cyberspace, his/her interests will be protected in the same manner as in a traditional commercial environment.

Keywords: Consumer, Electronic, Jurisdiction, Payment

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