Search results for: legal issues
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1361

Search results for: legal issues

1361 The Linguistic and Legal Term

Authors: Adam Niewiadomski

Abstract:

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

Keywords: Real estate, linguistic, legal term.

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1360 The Need for a More Robust Legal Framework to Curb the Rise in Violence against Game Officials

Authors: A. Roomy

Abstract:

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

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

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1359 Ethics in the Technology Driven Enterprise

Authors: Bobbie Green, James A. Nelson

Abstract:

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

Keywords: Information, ethics, legal, privacy

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1358 Techno-Legal Interplay of Domain Names: A Study with Reference to India

Authors: M. Tariq Banday, Farooq A. Mir

Abstract:

Internet has unfolded its potential and its users are now quite convinced that it is a cost effective, flexible, efficient and viable option to carry out different business activities disregard of any physical or geographical boundaries. These intrinsic properties of Internet have raised innumerable legal issues that are difficult to resolve within the boundaries of existing legal régime which has a different scheme of things. Internet has impacted most of the branches of law more particularly Intellectual property jurisprudence which has engendered many IP issues including interplay of trademark and domain names. There is neither any separate legislation nor any express provision in the existing Trademark Act, 1999, which is relatively recent in origin and enacted at the time when theses issued had seized the attention of the courts in other jurisdictions. A host of legal issues cropped by the intersection of trademark and domain names which have been left for the courts to decide. The courts in India have seized this opportunity and have laid down a number of principles. This paper appraises approaches adopted by Indian courts in resolving domain name disputes and compares them with theories evolved and established in other jurisdictions.

Keywords: DNS, Domain Name, Trademarks, Passing off and Judicial Approach.

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1357 Military Use of Artificial Intelligence under International Humanitarian Law: Insights from Canada

Authors: Mahshid Talebian Kiakalayeh

Abstract:

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

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

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1356 Managing Legal, Consumers and Commerce Risks in Phishing

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

Abstract:

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

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

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1355 Legal Awareness of Surakarta Local Government Officer to Law Number 12 Year 2006 on Citizenship in Vanishing Civic Discrimination to Chinese Indonesians

Authors: Triyanto

Abstract:

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

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

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1354 Problems of the Management of Legal Entities of Private Law in Georgia

Authors: Ketevan Kokrashvili, Rusudan Kutateladze, Nino Pailodze

Abstract:

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

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

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1353 Curbing Abuses of Legal Power in the Society

Authors: Tajudeen Ojo Ibraheem

Abstract:

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

Keywords: Abuse, legal, power, society.

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1352 Legal Education as Forming Factor of Legal Culture in Kazakhstan Modern Society

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

Abstract:

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

Keywords: Kazakhstan society, Legal education, legal culture.

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1351 Definition in Law: Transgender Identities and Marriage

Authors: Kimberly Tao

Abstract:

This paper looks at transgender identities and the law in the context of marriage. It particularly focuses on the role of language and definition in classifying transgendered individuals into a legal category. Two lines of cases in transgender jurisprudence are examined. The former cases decided the definition of 'man' and 'woman' on the basis of biological criteria while the latter cases held that biological factors should not be the sole criterion for defining a man or a woman. Three categories were found to classify transgender people, namely male, female and "monstrous". Since transgender people challenge the core gender distinction that the law stresses, they are often regarded as problematic and monstrous which caused them to be subjected to severe legal consequences. This paper discusses these issues by analyzing and comparing different cases in transgender jurisprudence as well as examining how these issues play out in contemporary Hong Kong.

Keywords: Trangender, Monstrousness, Categorization, Definition.

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1350 Legal Arrangement on Media Ownership and the Case of Turkey

Authors: Sevil Yıldız

Abstract:

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

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

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1349 The Legal Procedure of Attestation of Public Servants

Authors: Armen Yezekyan

Abstract:

The main purpose of this research is to comprehensively explore and identify the problems of attestation of the public servants and to propose solutions for these issues through deeply analyzing laws and the legal theoretical literature. For the detailed analysis of the above-mentioned problems we will use some research methods, the implementation of which has a goal to ensure the objectivity and clarity of scientific research and its results.

Keywords: Attestation, attestation commission, competition commission, public servant, public service, testing.

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1348 Constitutional Complaint as an Instrument of Fulfilling the Worker ׳s Rights in Croatian Legal System

Authors: Dragana Bjelić, Mirela Mezak Stastny

Abstract:

This paper begins with formal defining of human rights and freedoms, and the basic document regarding the said subject is undoubtedly French Declaration of the Rights of Man and of the Citizen from 789. This paper furthermore parses legal sources relevant for the workers' rights in legal system of the Republic of Croatia, international contracts and the Labour Act, which is also a master bill regarding workers' rights The authors are also dealing with issues of Constitutional Court of the Republic of Croatia and its' position in judicial system of the Republic of Croatia, as well as with the specifics of Constitutional Complaint, and the crucial part of the paper is based on the research conducted with an aim to determine implementation of rights and liberties guaranteed by the articles 54. and 55. of the Constitution of the Republic of Croatia by means of Constitutional Complaint.

Keywords: a right to work, a freedom of work, Constitutional Court of Republic of Croatia, Constitutional Complaint.

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1347 Liability Aspects Related to Genetically Modified Food under the Food Safety Legislation in India

Authors: S. K. Balashanmugam, Padmavati Manchikanti, S. R. Subramanian

Abstract:

The question of legal liability over injury arising out of the import and the introduction of GM food emerges as a crucial issue confronting to promote GM food and its derivatives. There is a greater possibility of commercialized GM food from the exporting country to enter importing country where status of approval shall not be same. This necessitates the importance of fixing a liability mechanism to discuss the damage, if any, occurs at the level of transboundary movement or at the market. There was a widespread consensus to develop the Cartagena Protocol on Biosafety and to give for a dedicated regime on liability and redress in the form of Nagoya Kuala Lumpur Supplementary Protocol on the Liability and Redress (‘N-KL Protocol’) at the international context. The national legal frameworks based on this protocol are not adequately established in the prevailing food legislations of the developing countries. The developing economy like India is willing to import GM food and its derivatives after the successful commercialization of Bt Cotton in 2002. As a party to the N-KL Protocol, it is indispensable for India to formulate a legal framework and to discuss safety, liability, and regulatory issues surrounding GM foods in conformity to the provisions of the Protocol. The liability mechanism is also important in the case where the risk assessment and risk management is still in implementing stage. Moreover, the country is facing GM infiltration issues with its neighbors Bangladesh. As a precautionary approach, there is a need to formulate rules and procedure of legal liability to discuss any kind of damage occurs at transboundary trade. In this context, the proposed work will attempt to analyze the liability regime in the existing Food Safety and Standards Act, 2006 from the applicability and domestic compliance and to suggest legal and policy options for regulatory authorities.

Keywords: Commercialisation, food safety, FSSAI, genetically modified foods, India, liability.

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1346 Pathological Truth: The Use of Forensic Science in Kenya’s Criminal Justice System

Authors: Peter Ndichu Muriuki

Abstract:

Assassination of politicians, school mass murders, purported suicides, aircraft crash, mass shootings by police, sinking of sea ferries, mysterious car accidents, mass fire deaths and horrificterror attacks are some of the cases that bring forth scientific and legal conflicts. Questions about truth, justice and human rights are raised by both victims and perpetrators/offenders as they seek to understand why and how it happened to them. This kind of questioning manifests itself in medical-criminological-legalpsychological and scientific realms. An agreement towards truthinvestigations for possible legal-political-psychological transitory issues such as prosecution, victim-offender mediation, healing, reconciliation, amnesty, reparation, restitution, and policy formulations is seen as one way of transforming these conflicts. Forensic scientists and pathologists in particular have formed professional groups where the complexities between legal truth and scientific truth are dramatized and elucidated within the anatomy of courtrooms. This paper focuses on how pathological truth and legal truth interact with each other in Kenya’s criminal justice system. 

Keywords: Forensic pathology, forensic science, pathological truth, truth investigations.

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1345 The Principle of the Protection of Legitimate Expectation: Analysis the Adjudications of Thailand Court

Authors: Paiboon Chuwatthanakij

Abstract:

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

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

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1344 Accounting Policies in Polish and International Legal Regulations

Authors: Piotr Prewysz Kwinto, Grażyna Voss

Abstract:

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

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

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1343 Accountability Issues and Challenges: The Scenario for Malaysian Cooperative Movement

Authors: Maslinawati Mohamad, Intan Waheedah Othman, Arun Mohamed

Abstract:

This paper discusses the issues and challenges concerning the issues of accountability and regulation systems of cooperative movement in Malaysia.

Keywords: Cooperative movement, compliance, transparency, issues.

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1342 Legal Theories Underpinning Access to Justice for Victims of Sexual Violence in Refugee Camps in Africa

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

Abstract:

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

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

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1341 Safety Conditions Analysis of Scaffolding on Construction Sites

Authors: M. Pieńko, A. Robak, E. Błazik-Borowa, J. Szer

Abstract:

This paper presents the results of analysis of 100 full-scale scaffolding structures in terms of compliance with legal acts and safety of use. In 2016 and 2017, authors examined scaffolds in Poland located at buildings which were at construction or renovation stage. The basic elements affecting the safety of scaffolding use such as anchors, supports, platforms, guardrails and toe-boards have been taken into account. All of these elements were checked in each of considered scaffolding. Based on the analyzed scaffoldings, the most common errors concerning assembly process and use of scaffolding were collected. Legal acts on the scaffoldings are not always clear, and this causes many issues. In practice, people realize how dangerous the use of incomplete scaffolds is only when the accident occurs. Despite the fact that the scaffolding should ensure the safety of its users, most accidents on construction sites are caused by fall from a height.

Keywords: Façade scaffolds, load capacity, practice, safety of people.

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1340 The Problems of Legal Regulation of Intellectual Property Rights in Innovation Activities in Russia (Institutional Approach)

Authors: Zhanna Mingaleva, Irina Mirskikh

Abstract:

Part IV of the Civil Code of the Russian Federation dedicated to legal regulation of Intellectual property rights came into force in 2008. It is a first attempt of codification in Intellectual property sphere in Russia. That is why a lot of new norms appeared. The main problem of the Russian Civil Code (part IV) is that many rules (norms of Law) contradict the norms of International Intellectual property Law (i.e. protection of inventions, creations, ideas, know-how, trade secrets, innovations). Intellectual property rights protect innovations and creations and reward innovative and creative activity. Intellectual property rights are international in character and in that respect they fit in rather well with the economic reality of the global economy. Inventors prefer not to take out a patent for inventions because it is a very difficult procedure, it takes a lot of time and is very expensive. That-s why they try to protect their inventions as ideas, know-how, confidential information. An idea is the main element of any object of Intellectual property (creation, invention, innovation, know-how, etc.). But ideas are not protected by Civil Code of Russian Federation. The aim of the paper is to reveal the main problems of legal regulation of Intellectual property in Russia and to suggest possible solutions. The authors of this paper have raised these essential issues through different activities. Through the panel survey, questionnaires which were spread among the participants of intellectual activities the main problems of implementation of innovations, protecting of the ideas and know-how were identified. The implementation of research results will help to solve economic and legal problems of innovations, transfer of innovations and intellectual property.1

Keywords: Innovation activities, intellectual property rights, know-how, patents, indicators of innovation activities

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1339 Judicial Institutions in a Post-Conflict Society: Gaining Legitimacy through a Holistic Reform

Authors: Abdul Salim Amin

Abstract:

This paper focuses on how judiciaries in post-conflict societies can gain legitimacy through reformation. Legitimacy plays a pivotal role in shaping people’s behavior to submit to the law and verifies the rightfulness of an organ for taking binding decisions. Among various dynamics, judicial independence, access to justice and behavioral changes of the judicial officials broadly contribute to legitimation of judiciary in general, and the courts in particular. Increasing independence of judiciary through reform limits, inter alia, government interference in judicial issues and protects basic rights of the citizens. Judicial independence does not only matter in institutional terms, individual independence also influences the impartiality and integrity of judges, which can be increased through education and better administration of justice. Finally, access to justice as an intertwined concept both at the legal and moral spectrum of judicial reform avails justice to the citizens and increases the level of public trust and confidence. Efficient legal decisions on fostering such elements through holistic reform create a rule of law atmosphere. Citizens neither accept an illegitimate judiciary nor do they trust its decisions. Lack of such tolerance and confidence deters the rule of law and thus, undermines the democratic development of a society.

Keywords: Legitimacy, judicial reform, judicial independence, access to justice, legal training, informal justice, rule of law.

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1338 Issue Reorganization Using the Measure of Relevance

Authors: William Wong Xiu Shun, Yoonjin Hyun, Mingyu Kim, Seongi Choi, Namgyu Kim

Abstract:

The need to extract R&D keywords from issues and use them to retrieve R&D information is increasing rapidly. However, it is difficult to identify related issues or distinguish them. Although the similarity between issues cannot be identified, with an R&D lexicon, issues that always share the same R&D keywords can be determined. In detail, the R&D keywords that are associated with a particular issue imply the key technology elements that are needed to solve a particular issue. Furthermore, the relationship among issues that share the same R&D keywords can be shown in a more systematic way by clustering them according to keywords. Thus, sharing R&D results and reusing R&D technology can be facilitated. Indirectly, redundant investment in R&D can be reduced as the relevant R&D information can be shared among corresponding issues and the reusability of related R&D can be improved. Therefore, a methodology to cluster issues from the perspective of common R&D keywords is proposed to satisfy these demands.

Keywords: Clustering, Social Network Analysis, Text Mining, Topic Analysis.

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1337 Virtual Container Yard: Assessing the Perceived Impact of Legal Implications to Container Carriers

Authors: L. Edirisinghe, P. Mukherjee, H. Edirisinghe

Abstract:

Virtual Container Yard (VCY) is a modern concept that helps to reduce the empty container repositioning cost of carriers. The concept of VCY is based on container interchange between shipping lines. Although this mechanism has been theoretically accepted by the shipping community as a feasible solution, it has not yet achieved the necessary momentum among container shipping lines (CSL). This paper investigates whether there is any legal influence on this industry myopia about the VCY. It is believed that this is the first publication that focuses on the legal aspects of container exchange between carriers. Not much literature on this subject is available. This study establishes with statistical evidence that there is a phobia prevailing in the shipping industry that exchanging containers with other carriers may lead to various legal implications. The complexity of exchange is two faceted. CSLs assume that offering a container to another carrier (obviously, a competitor in terms of commercial context) or using a container offered by another carrier may lead to undue legal implications. This research reveals that this fear is reflected through four types of perceived components, namely: shipping associate; warehouse associate; network associate; and trading associate. These components carry eighteen subcomponents that comprehensively cover the entire process of a container shipment. The statistical explanation has been supported through regression analysis; INCO terms were used to illustrate the shipping process.

Keywords: Container, legal, shipping, virtual.

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1336 Lease Agreement in the European Countries

Authors: Agata Niewiadomska, Adam Niewiadomski

Abstract:

This paper present lease agreement regulations in selected European countries. The lease agreement has a long history and now is one of the main ways to manage agricultural lands in Europe. The analysis of individual regulations, which has been done, indicates that this agreement is very important to build social relations in agriculture and society. This article provides an analysis of the legal regulations concerning the lease in France, Spain, Switzerland, Ukraine and Italy. Article is example of study of the legal regulations and can be used for legal changes in individual countries.

Keywords: Lease agreement, Agricultural law, History of lease agreement.

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1335 Understanding Socioscientific Issues in a Low Literate Society for the Achievement of the Millennium Development Goals

Authors: Jamil Mikhail Yahaya, Ahmad Nurulazam Md Zain, Mageswary Karpudewan

Abstract:

This paper highlights the controversial socioscientific issues and their misconceptions in Nigeria as well as in some other low literate societies around the world. It states the relevance of the issues or problems in Nigeria, which might be neutral or absent in other countries. The need to understand the issues and how such an understanding can contribute to the achievement of the Millennium Development Goals (MDGs) is also being discussed. The paper concludes by suggesting the responsibilities of science teachers to remove the misconceptions surrounding the socioscientific issues.

Keywords: Sosioscientific issues, Millennium development goals, Science teachers.

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1334 Examining Occupational Health and Safety Inspection and Supervision in Turkey by Comparison to EU Countries

Authors: Nuray Gökçek Karaca

Abstract:

This study aims to examine the application of occupational health and safety supervision in Turkey and EU countries in terms of legal regulations. The results of research reveal that occupational health and safety supervision in EU countries, whatever the understanding of welfare state, is effectively carried out and almost all legal regulations on this subject are consistent with the EU directives. On the other hand, there are serious problems in applications, not legal regulations, of occupational health and safety supervision in Turkey by the side of EU countries. Indeed, Turkey has modern regulations on occupational health and safety supervision whereas there are several problems such as ignoring prevention policy on occupational health and safety supervision, understanding of monotype inspector, problems resulting from this understanding and dispersed structure of occupational health and safety organizations in workplaces. As a result, Turkey needs to carry out effective supervision mechanisms.

Keywords: Legal Rules, Occupational Health and Safety, Inspection, Supervision, Legislation.

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1333 Architectural, Technological and Performance Issues in Enterprise Applications

Authors: Melek Oktay, Ayşe Betül Gülbağcı, Mustafa Sarıöz

Abstract:

Enterprise applications are complex systems that are hard to develop and deploy in organizations. Although software application development tools, frameworks, methodologies and patterns are rapidly developing; many projects fail by causing big costs. There are challenging issues that programmers and designers face with while working on enterprise applications. In this paper, we present the three of the significant issues: Architectural, technological and performance. The important subjects in each issue are pointed out and recommendations are given. In architectural issues the lifecycle, meta-architecture, guidelines are pointed out. .NET and Java EE platforms are presented in technological issues. The importance of performance, measuring performance and profilers are explained in performance issues.

Keywords: Enterprise Applications, Architecture, Technology, Performance.

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1332 Core Issues Affecting Software Architecture in Enterprise Projects

Authors: Halûk Gümüşkaya

Abstract:

In this paper we analyze the core issues affecting software architecture in enterprise projects where a large number of people at different backgrounds are involved and complex business, management and technical problems exist. We first give general features of typical enterprise projects and then present foundations of software architectures. The detailed analysis of core issues affecting software architecture in software development phases is given. We focus on three main areas in each development phase: people, process, and management related issues, structural (product) issues, and technology related issues. After we point out core issues and problems in these main areas, we give recommendations for designing good architecture. We observed these core issues and the importance of following the best software development practices and also developed some novel practices in many big enterprise commercial and military projects in about 10 years of experience.

Keywords: Software architecture, enterprise projects.

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