Search results for: legal issues
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1354

Search results for: legal issues

1264 The Philosophical Hermeneutics Contribution to Form a Highly Qualified Judiciary in Brazil

Authors: Thiago R. Pereira

Abstract:

The philosophical hermeneutics is able to change the Brazilian Judiciary because of the understanding of the characteristics of the human being. It is impossible for humans, to be invested in the function of being a judge, making absolutely neutral decisions, but the philosophical hermeneutics can assist the judge making impartial decisions, based on the federal constitution. The normative legal positivism imagined a neutral judge, a judge able to try without any preconceived ideas, without allowing his/her background to influence him/her. When a judge arbitrates based on legal rules, the problem is smaller, but when there are no clear legal rules, and the judge must try based on principles, the risk of the decision is based on what they believe in. Solipsistically, this issue gains a huge dimension. Today, the Brazilian judiciary is independent, but there must be a greater knowledge of philosophy and the philosophy of law, partially because the bigger problem is the unpredictability of decisions made by the judiciary. Actually, when a lawsuit is filed, the result of this judgment is absolutely unpredictable. It is almost a gamble. There must be the slightest legal certainty and predictability of judicial decisions, so that people, with similar cases, may not receive opposite sentences. The relativism, since classical antiquity, believes in the possibility of multiple answers. Since the Greeks in in the sixth century before Christ, through the Germans in the eighteenth century, and even today, it has been established the constitution as the great law, the Groundnorm, and thus, the relativism of life can be greatly reduced when a hermeneut uses the Constitution as North interpretational, where all interpretation must act as the hermeneutic constitutional filter. For a current philosophy of law, that inside a legal system with a Federal Constitution, there is a single correct answer to a specific case. The challenge is how to find this right answer. The only answer to this question will be that we should use the constitutional principles. But in many cases, a collision between principles will take place, and to resolve this issue, the judge or the hermeneut will choose a solipsism way, using what they personally believe to be the right one. For obvious reasons, that conduct is not safe. Thus, a theory of decision is necessary to seek justice, and the hermeneutic philosophy and the linguistic turn will be necessary for one to find the right answer. In order to help this difficult mission, it will be necessary to use philosophical hermeneutics in order to find the right answer, which is the constitutionally most appropriate response. The constitutionally appropriate response will not always be the answer that individuals agree to, but we must put aside our preferences and defend the answer that the Constitution gives us. Therefore, the hermeneutics applied to Law, in search constitutionally appropriate response, should be the safest way to avoid judicial individual decisions. The aim of this paper is to present the science of law starting from the linguistic turn, the philosophical hermeneutics, moving away from legal positivism. The methodology used in this paper is qualitative, academic and theoretical, philosophical hermeneutics with the mission to conduct research proposing a new way of thinking about the science of law. The research sought to demonstrate the difficulty of the Brazilian courts to depart from the secular influence of legal positivism. Moreover, the research sought to demonstrate the need to think science of law within a contemporary perspective, where the linguistic turn, philosophical hermeneutics, will be the surest way to conduct the science of law in the present century.

Keywords: Hermeneutic, right answer, solipsism, Brazilian Judiciary.

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1263 Role of Environmental Focus in Legal Protection and Efficient Management of Wetlands in the Republic of Kazakhstan

Authors: K. R. Balabiyev, A. O. Kaipbayeva

Abstract:

The article discusses the legal framework of the government’s environmental function and analyzes the role of the national policy in protection of wetlands. The problem is of interest for it deals with the most important branch of economy – utilization of Kazakhstan’s natural resources, protection of health and environmental wellbeing of the population. Development of a longterm environmental program addressing the protection of wetlands represents the final stage of the government’s environmental policy, and is a relatively new function for the public administration system. It appeared due to the environmental measures that require immediate decisions to be taken. It is an integral part of the effort in the field of management of state-owned natural resource, as well as of the measures aimed at efficient management of natural resources to avoid their early depletion or contamination.

Keywords: Environmental focus, government’s environmental function, protection of wetlands.

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1262 Strengthening Legal Protection of Personal Data through Technical Protection Regulation in Line with Human Rights

Authors: Tomy Prihananto, Damar Apri Sudarmadi

Abstract:

Indonesia recognizes the right to privacy as a human right. Indonesia provides legal protection against data management activities because the protection of personal data is a part of human rights. This paper aims to describe the arrangement of data management and data management in Indonesia. This paper is a descriptive research with qualitative approach and collecting data from literature study. Results of this paper are comprehensive arrangement of data that have been set up as a technical requirement of data protection by encryption methods. Arrangements on encryption and protection of personal data are mutually reinforcing arrangements in the protection of personal data. Indonesia has two important and immediately enacted laws that provide protection for the privacy of information that is part of human rights.

Keywords: Indonesia, protection, personal data, privacy, human rights, encryption.

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1261 Enhancing Customer Loyalty towards Corporate Social Responsibility of Thai Mobile Service Providers

Authors: Wichai Onlaor, Siriluck Rotchanakitumnuai

Abstract:

The aim of this research is to develop the understanding of corporate social responsibility (CSR) from consumers- perspective toward Thai mobile service providers. Based on the survey from 400 mobile customers, the result shows that four dimensions of CSR of Thai mobile service providers consist of economic, legal, ethical and philanthropic responsibility. These four CSR factors have positive impacts on enhancing customer satisfaction except one item of economic responsibility - profitability to shareholders. Ethical dimension has the strongest impact on customer satisfaction. Economic, legal, ethical, philanthropic responsibility and customer satisfaction have major impact on loyalty, whilst philanthropic component mostly affects loyalty.

Keywords: Corporate Social Responsibility, PriceFairness, Service Quality, Privacy Concern, CustomerSatisfaction, Customer Loyalty

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1260 The Importance of Issues for the Youth in Voter Decision Making: A Case Study among University Students in Malaysia

Authors: Sivamurugan Pandian

Abstract:

In the 13th Malaysia’s General Elections held in 2013, it was observed that large numbers of urban constituencies saw strongly decisive young voters (between 21-39 age group) determine the outcome in their favour. Also, the Elections Commission had approximated that 70% of some 4.2 million unregistered voters at the time were citizens aged between 21 and 40 years old. If they are not already considered an important form of political leverage, 450,000 young Malaysians turn 21 years old each year. Further compounding this fact were the 2.4 million new voters registered in 2012, which at the time constituted almost 30% of the entire voting population. This article discusses the importance of issues for the youth, with reference to the university students in Malaysia in their decision making on polling day.

Keywords: Malaysia, Youth, Issues, Voting Patterns, Elections.

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1259 Ads on Social Issues: A Tool for Improving Critical Thinking Skills in a Foreign Language Classroom

Authors: Fonseca Jully, Chia Maribel, Rodríguez Ilba

Abstract:

This paper is a qualitative research report. A group of students form a public university in a small town in Colombia participated in this study which aimed at describing to what extend the use of social ads, published on the internet, helped to develop their critical thinking skills. Students’ productions, field notes, video recordings and direct observation were the instruments and techniques used by the researches in order to gather the data which was analyzed under the principles of grounded theory and triangulation. The implementation of social ads into the classroom evidenced a noticeable improvement in students’ ability to interpret and argue social issues, as well as, their self-improvement in oral and written production in English, as a foreign language.

Keywords: Ads, critical argumentation, critical thinking, social issues.

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1258 In Search of New Laws for a Gluten Kingdom

Authors: Mohammed Saleem Tariq

Abstract:

The enthusiasm for gluten avoidance in a growing market is met by improvements in sensitive detection methods for analysing gluten content. Paradoxically, manufacturers employ no such systems in the production process but continue to market their product as gluten free, a significant risk posed to an undetermined coeliac population. This paper resonates with an immunological response that causes gastrointestinal scarring and villous atrophy with the conventional description of personal injury. This thesis divulges into evaluating potential inadequacies of gluten labelling laws which not only present a diagnostic challenge for general practitioners in the UK but it also exposes a less than adequate form of available legal protection to those who suffer adverse reactions as a result of gluten digestion. Central to this discussion is whether a claim brought in misrepresentation, negligence and/or under the Consumer Protection Act 1987 could be sustained. An interesting comparison is then made with the legal regimes of neighboring jurisdictions furthering the theme of a legally un-catered for gluten kingdom.

Keywords: Coeliac, litigation, misrepresentation, negligence.

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1257 Design and Analysis of Highly Efficient and Reliable Single-Phase Transformerless Inverter for PV Systems

Authors: L. Ashok Kumar, N. Sujith Kumar

Abstract:

Most of the PV systems are designed with transformer for safety purpose with galvanic isolation. However, the transformer is big, heavy and expensive. Also, it reduces the overall frequency of the conversion stage. Generally PV inverter with transformer is having efficiency around 92%–94% only. To overcome these problems, transformerless PV system is introduced. It is smaller, lighter, cheaper and higher in efficiency. However, dangerous leakage current will flow between PV array and the grid due to the stray capacitance. There are different types of configurations available for transformerless inverters like H5, H6, HERIC, oH5, and Dual paralleled buck inverter. But each configuration is suffering from its own disadvantages like high conduction losses, shoot-through issues of switches, dead-time requirements at zero crossing instants of grid voltage to avoid grid shoot-through faults and MOSFET reverse recovery issues. The main objective of the proposed transformerless inverter is to address two key issues: One key issue for a transformerless inverter is that it is necessary to achieve high efficiency compared to other existing inverter topologies. Another key issue is that the inverter configuration should not have any shoot-through issues for higher reliability.

Keywords: Leakage current, common mode (CM), photovoltaic (PV) systems, pulse width modulation (PWM).

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1256 Behavior of Engineering Students in Kuwait University

Authors: M. A. Al-Ajmi, R. S. Al-Kandari

Abstract:

This initial study is concerned with the behavior of engineering students in Kuwait University which became a concern due to the global issues of education in all levels. A survey has been conducted to identify academic and societal issues affecting the engineering student performance. The study is drawing major conclusions with regard to private tutoring and the online availability of textbooks’ solution manuals.

Keywords: Solution manual, engineering, textbook, ethics.

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1255 Foreign Elements in the Methodologies of Usul Fiqh: Analyzing the Orientalist Thought

Authors: Ariyanti Mustapha

Abstract:

The development of Islamic jurisprudence since the first century of the hijra has fascinated many orientalists to explore the historiography of Islamic legislation. The practice of usul fiqh began during the lifetime of the Prophet Muhammad and was continued by the companions as the legal reasoning due to the absence of the legal injunction in the Qur’an and Sunnah. The orientalists propagated that the Roman and Jewish legislation were transplanted into Islamic jurisprudence and it was the primary reason for its progression. We used qualitative and comparative methods to analyze the orientalists’ views. Results showed that many erroneous facts were propagated by Goldziher and Schacht by claiming the parallels between the principles, methodologies, and fundamental concepts in Islamic jurisprudence and Roman Provincial law. The orientalists claimed that Islamic jurisprudence was derived from the corpus of Jewish Mishnah and Ha-kol. These judgments are used by the orientalists to prove the inferiority of Islamic jurisprudence. Nevertheless, many evidences have proven that Islamic legislation is capable of developing independently without any foreign transplant.

Keywords: Foreign transplant, ijtihad, orientalist, usul fiqh.

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1254 Legal Knowledge of Legislated Employment Rights: An Empirical Study

Authors: Hapriza Ashari, Nik Ahmad Kamal Nik Mahmod

Abstract:

This article aims to assess the level of basic knowledge of statutory employment rights at the workplace as prescribed by the Malaysian Employment Act 1955. The statutory employment rights comprises of a variety of individual employment rights such as protections of wages, statutory right to the general standard of working time, statutory right to rest day, public holidays, annual leave and sick leave as well as female employee’s statutory right to paid maternity leave. A field survey was carried out to collect data by using self-administered questionnaires from Human Resource (HR) practitioners in the small and medium-sized enterprises (SMEs). The results reveal that the level of basic knowledge of legislated employment rights varies between different types of statutory rights from high level to low level.

Keywords: Employment legislation, Human Resource (HR) practitioner, legal knowledge, small and medium-sized enterprises (SMEs).

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1253 A Constructive Analysis of the Formation of LGBTQ Families: Where Utopia and Reality Meet

Authors: Panagiotis Pentaris

Abstract:

The issue of social and legal recognition of LGBTQ families is of high importance when exploring the possibility of a family. Of equal importance is the fact that both society and the individual contribute to the overall recognition of LGBTQ families. This paper is a conceptual discussion, by methodology, of both sides; it uses a method of constructive analysis to expound on this issue. This method’s aim is to broaden conceptual theory, and introduce a new relationship between concepts that were previously not associated by evidence. This exploration has found that LGBTQ realities from an international perspective may differ and both legal and social rights are critical toward self-consciousness and the formation of a family. This paper asserts that internalised and historic oppression of LGBTQ individuals, places them, not always and not in all places, in a disadvantageous position as far as engaging with the potential of forming a family goes. The paper concludes that lack of social recognition and internalised oppression are key barriers regarding LGBTQ families.

Keywords: Family, gay, LGBTQ, self-worth, social rights.

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1252 The Social and Environmental Roles of Verandah in Tropical Houses

Authors: M. H. M. Zin, N. L. N. Ibrahim, M. F. M. Zain, M. Jamil

Abstract:

Located within the tropical belt region, there are certain rules which should implemented in creating a passive sustainable housing design in Malaysia. Traditional Malay house possess a strong character with certain special spaces to create a sustainable house which suit to the tropical climate in Malaysia. One of the special space known as verandah or serambi gantung, create various advantages in solving various issues. However, this special space is not extremely being applied currently which produce major issues in term of social and environmental aspects. Hence, this phenomena create a negative impact to the occupant while Malaysia already has a best housing design previously. Therefore, this paper aims to explore both of the main issues mentioned above and reveal the advantages of implementing verandah into passive sustainable housing design in Malaysia. A systematic literature review is the main methodology in this research to identify the various advantages about verandah.. The study reveals that verandah is the best solution in term of social and environmental issues and should be implemented in current housing design in Malaysia.

Keywords: Tropical climate, traditional Malay house, verandah, passive sustainable housing design

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1251 Usability Issues of Smart Phone Applications: For Visually Challenged People

Authors: Anam Ashraf, Arif Raza

Abstract:

In this era of globalization, adoption of technology is quite difficult for people with physical disabilities compared to people with normal abilities. The advancement in mobile based accessible applications have opened up several different avenues for the visually challenged across the globe. Smartphones applications are not very common for blind people, but they access and use these applications in their daily lives to some extent. Several smartphone applications have a number of usability issues for the visually impaired. In this paper, we evaluate the usability of various android & iPhone applications for blind people through analysis and surveys. This paper aspires to provide guidance in order to increase smartphone application accessibility for the visually impaired. An abstract application design is also proposed to overcome usability issues in smartphone applications for visually challenged people.

Keywords: Eyes-free shell, human computer interaction, usability engineering, visually challenged.

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1250 Understanding the Silence: When Courts Don-t Speak About Religion

Authors: Kalindi Kokal

Abstract:

India recognizes the personal laws of the various religious communities that reside in the country. At the same time all the institutions of the state in India are committed to the value of secularism. This paper has been developed on the basis of a case study that indicates the dynamics of religion in the working of the lower judiciary in India. Majority of the commentary on religion and the judiciary has focused on debates surrounding the existence and application of personal laws. This paper, through a case study in the lower judiciary, makes an attempt to examine whether the interface between religion and the judiciary goes beyond personal laws. The first part of this paper explains the history and application of personal laws in social, political and legal contexts in India. The second part examines the case study located in two courts of first instance, following into the third part which provides an analysis of the empirical evidence. The fourth part focuses on preliminary observations about why there is a hesitancy to speak about religion in relation to the working of the judicial system.

Keywords: Lower Courts, India, Legal Pluralism, Personal Law.

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1249 Communities of Interest: Three Unique Case Studies in Wider University and School Partnerships in Australia

Authors: M. Zeegers, D. Barron

Abstract:

In this paper we canvass three case studies of unique research partnerships between universities and schools in the wider community. In doing so, we consider those areas of indeterminate zones of professional practice explored by academics in their research activities within the wider community. We discuss three cases: an artist-in-residence program designed to engage primary school children with new understandings about local Indigenous Australian issues in their pedagogical and physical landscapes; an assessment of pedagogical concerns in relation to the use of physical space in classrooms; and the pedagogical underpinnings of a costumed museum school program. In doing so, we engage issues of research as playing an integral part in the development, implementation and maintenance of academic engagements with wider community issues.

Keywords: communities of interest, universities, schools, partnerships

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1248 Securing Justice: A Critical Analysis of Kenya-s Post 9/11 Security Apparatus

Authors: Peter Ndichu Muriuki

Abstract:

The 9/11 suicide attacks in New York, Washington, D.C., and Pennsylvania, triggered a number of security responses both in the United States of America and other Countries in the World. Kenya, which is an ally and a close partner to North America and Europe, was not left behind. While many states had been parties to numerous terrorism conventions, their response in implementing them had been slow and needed this catalyst. This special case offered a window of opportunity for many “security conscious" regimes in cementing their legal-criminological and political security apparatus. At the international level, the 9/11 case led to the hasty adoption of Security Council resolution 1373 in 2001, which called upon states to adopt wide-ranging and comprehensive steps and strategies to combat international terrorism and to become parties to the relevant international conventions and protocols relating to terrorism. Since then, Kenya has responded with speed in devising social-legal-criminological-political actions.

Keywords: Justice, Policing, Security, Terrorism

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1247 Process and Supply-Chain Optimization for Testing and Verification of Formation Tester/Pressure-While- Drilling Tools

Authors: Vivek V, Hafeez Syed, Darren W Terrell, Harit Naik, Halliburton

Abstract:

Applying a rigorous process to optimize the elements of a supply-chain network resulted in reduction of the waiting time for a service provider and customer. Different sources of downtime of hydraulic pressure controller/calibrator (HPC) were causing interruptions in the operations. The process examined all the issues to drive greater efficiencies. The issues included inherent design issues with HPC pump, contamination of the HPC with impurities, and the lead time required for annual calibration in the USA. HPC is used for mandatory testing/verification of formation tester/pressure measurement/logging-while drilling tools by oilfield service providers, including Halliburton. After market study andanalysis, it was concluded that the current HPC model is best suited in the oilfield industry. To use theexisting HPC model effectively, design andcontamination issues were addressed through design and process improvements. An optimum network is proposed after comparing different supply-chain models for calibration lead-time reduction.

Keywords: Hydraulic Pressure Controller/Calibrator, M/LWD, Pressure, FTWD

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1246 Managing an Acute Pain Unit Based on the Balanced Scorecard

Authors: Helena Costa Oliveira, Carmem Oliveira, Rita Moutinho

Abstract:

The Balanced Scorecard (BSC) is a continuous strategic monitoring model focused not only on financial issues but also on internal processes, patients/users, and learning and growth. Initially dedicated to business management, it currently serves organizations of other natures - such as hospitals. This paper presents a BSC designed for a Portuguese Acute Pain Unit (APU). This study is qualitative and based on the experience of collaborators at the APU. The management of APU is based on four perspectives – users, internal processes, learning and growth, and financial and legal. For each perspective, there were identified strategic objectives, critical factors, lead indicators and initiatives. The strategic map of the APU outlining sustained strategic relations among strategic objectives. This study contributes to the development of research in the health management area as it explores how organizational insufficiencies and inconsistencies in this particular case can be addressed, through the identification of critical factors, to clearly establish core outcomes and initiatives to set up.

Keywords: Acute pain unit, balanced scorecard, hospital management, organizational performance, Portugal.

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1245 Social Responsibility and Environmental Issues Addressed by Businesses in Romania

Authors: Daniela Grădinaru, Iuliana Georgescu, Loredana Huţanu (Toma), Mihai-Bogdan Afrăsinei

Abstract:

This article aims to analyze the situation of Romanian companies from an environmental point of view. Environmental issues are addressed very often nowadays, and they reach and affect every domain, including the economical one. Implementing an environmental management system will not only help the companies to comply with laws and regulations, but, above all, will offer them an important competitive advantage.

Keywords: Environmental management system, environmental reporting, environmental expenses, sustainable development.

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1244 Prevention of Corruption in Public Purchases

Authors: Anatoly Krivinsh

Abstract:

The results of dissertation research "Preventing and  combating corruption in public procurement" are presented in this  publication. The study was conducted 2011 till 2013 in a Member  State of the European Union– in the Republic of Latvia.  Goal of the thesis is to explore corruption prevention and  combating issues in public procurement sphere, to identify the  prevalence rates, determinants and contributing factors and  prevention opportunities in Latvia.  In the first chapter the author analyzes theoretical aspects of  understanding corruption in public procurement, with particular  emphasis on corruption definition problem, its nature, causes and  consequences. A separate section is dedicated to the public  procurement concept, mechanism and legal framework. In the first  part of this work the author presents cognitive methodology of  corruption in public procurement field, based on which the author has  carried out an analysis of corruption situation in public procurement  in Republic of Latvia.  In the second chapter of the thesis, the author analyzes the  problem of corruption in public procurement, including its historical  aspects, typology and classification of corruption subjects involved,  corruption risk elements in public procurement and their  identification. During the development of the second chapter author's  practical experience in public procurements was widely used.  The third and fourth chapter deals with issues related to the  prevention and combating corruption in public procurement, namely  the operation of the concept, principles, methods and techniques,  subjects in Republic of Latvia, as well as an analysis of foreign  experience in preventing and combating corruption. The fifth chapter  is devoted to the corruption prevention and combating perspectives  and their assessment. In this chapter the author has made the  evaluation of corruption prevention and combating measures  efficiency in Republic of Latvia, assessment of anti-corruption  legislation development stage in public procurement field in Latvia. 

Keywords: Prevention of corruption, public purchases.

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1243 A Survey on Voice over IP over Wireless LANs

Authors: Haniyeh Kazemitabar, Sameha Ahmed, Kashif Nisar, Abas B Said, Halabi B Hasbullah

Abstract:

Voice over Internet Protocol (VoIP) is a form of voice communication that uses audio data to transmit voice signals to the end user. VoIP is one of the most important technologies in the World of communication. Around, 20 years of research on VoIP, some problems of VoIP are still remaining. During the past decade and with growing of wireless technologies, we have seen that many papers turn their concentration from Wired-LAN to Wireless-LAN. VoIP over Wireless LAN (WLAN) faces many challenges due to the loose nature of wireless network. Issues like providing Quality of Service (QoS) at a good level, dedicating capacity for calls and having secure calls is more difficult rather than wired LAN. Therefore VoIP over WLAN (VoWLAN) remains a challenging research topic. In this paper we consolidate and address major VoWLAN issues. This research is helpful for those researchers wants to do research in Voice over IP technology over WLAN network.

Keywords: Capacity, QoS, Security, VoIP Issues, WLAN.

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1242 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

Abstract:

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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1241 The Portuguese Framework of the Professional Internship without Public Funds

Authors: Ana Lambelho

Abstract:

In an economic crisis such as the one that shook (and still shake) Europe, one does not question the importance of the measures that encourage the hiring and integration of young people into the labour market. In the mentioned context, enterprises tend to reduce the cost of labour and to seek flexible contracting instruments. The professional internships allow innovation and creativity at low cost, because, as they are not labour contracts, the enterprises do not have to respect the minimum standards related to wages, working time duration and so on. In Portugal, we observe a widespread existence of training contracts in which the trainee worked several hours without salary or was paid below the legally prescribed for the function and the work period. For this reason, under the tripartite agreement for a new system of regulation of labour relations, employment policies and social protection, between the Government and the social partners, in June 2008, foresaw a prohibition of professional internships unpaid and the legal regulation of the mandatory internships for access to an activity. The first Act about private internship contracts, i.e., internships without public funding was embodied in the Decree-Law N. 66/2011, of 1st June. This work is dedicated to the study of the legal regime of the internship contract in Portugal, by analysing the problems brought by the new set of rules and especially those which remains unresolved. In fact, we can conclude that the number of situations covered by the Act is much lower than what was expected, because of the exclusion of the mandatory internship for access to a profession when the activity is developed autonomously. Since the majority of the activities can be developed both autonomously or subordinated, it is quite easy to out of the Act requirements and, so, out of the protection that it confers to the intern. In order to complete this study, we considered not only the mentioned legal Act, but also the few doctrine and jurisprudence about the theme.

Keywords: Intern, internship contact, labour law, Portugal.

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1240 Tourism Planning in Developing Countries: Review of Concepts and Sustainability Issues

Authors: Patrick B. Cobbinah, Rosemary Black, Rik Thwaites

Abstract:

Globally, issues of sustainable development have become the fulcrum around which current international discourse revolves. Many governments in both the developed and the developing countries are focusing on strategies to achieve sustainable growth. Tourism has been identified as a major sector in safeguarding a sustainable future. However, research has shown that tourism if not properly managed can be detrimental. This paper posits tourism in the sustainable development discourse, exploring how the historical evolution of tourism and issues of sustainability have informed the state of tourism activities in the developing countries. Using secondary data analysis, the paper reveals that current conceptual explanations of tourism are linked to sustainable development. However, tourism activities in developing countries are usually driven by profit without adequate consideration for environmental and social factors. The paper raises two questions and further recommends that tourism activities should be informed by sustainable development principles.

Keywords: Developing countries, mass tourism, sustainable development, sustainable tourism.

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1239 The Internet, its Social and Ethical Problem to the Young and How Curriculum Can Address the Issue

Authors: R. Ramli

Abstract:

The impact of the information revolution is double edged. While it is applauded for its versatility and performance robustness and acclaimed for making life smooth and easy, on the other hand people are concerned about its dark side especially to younger generations. The education system should extend its educating role beyond the school to home. Parents should be included in forming the policies of Internet use as well as in the curriculum delivery. This paper discusses how curriculum can be instrumental in addressing social and ethical issues resulted from the Internet.

Keywords: Curriculum, Ethics, Internet Addiction, Social Issues

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1238 Design of Walking Beam Pendle Axle Suspension System

Authors: K. Arunachalam, P. Mannar Jawahar

Abstract:

This paper deals with design of walking beam pendel axle suspension system. This axles and suspension systems are mainly required for transportation of heavy duty and Over Dimension Consignment (ODC) cargo, which is exceeding legal limit in terms of length, width and height. Presently, in Indian transportation industry, ODC movement growth rate has increased in transportation of bridge sections (pre-cast beams), transformers, heavy machineries, boilers, gas turbines, windmill blades etc. However, current Indian standard road transport vehicles are facing lot of service and maintenance issues due to non availability of suitable axle and suspension to carry the ODC cargoes. This in turn will lead to increased number of road accidents, bridge collapse and delayed deliveries, which finally result in higher operating cost. Understanding these requirements, this work was carried out. These axles and suspensions are designed for optimum self – weight with maximum payload carrying capacity with better road stability.

Keywords: Heavy duty trailer, Off–highway trucks, Over dimension cargo, Walking beam pendel axle suspension.

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1237 Primary Level Teachers’ Response to Gender Representation in Textbook Contents

Authors: Pragya Paneru

Abstract:

This paper explores altogether 10 primary teachers’ views on gender representation in primary level textbooks. Data were collected from the teachers who taught in private schools in the Kailali and Kathmandu districts. This research uses a semi-structured interview method to obtain information regarding teachers’ attitudes toward gender representations in textbook contents. The interview data were analysed by using critical skills of qualitative research. The findings revealed that most of the teachers were unaware and regarded gender issues as insignificant to discuss in primary-level classes. Most of them responded to the questions personally and claimed that there were no gender issues in their classrooms. Some of the teachers connected gender issues with contexts other than textbook representations such as school discrimination in the distribution of salary among male and female teachers, school practices of awarding girls rather than boys as the most disciplined students, following girls’ first rule in the assembly marching, encouraging only girls in the stage shows, and involving students in gender-specific activities such as decorating works for girls and physical tasks for boys. The interview also revealed teachers’ covert gendered attitudes in their remarks. Nevertheless, most of the teachers accepted that gender-biased contents have an impact on learners and this problem can be solved with more gender-centred research in the education field, discussions, and training to increase awareness regarding gender issues. Agreeing with the suggestion of teachers, this paper recommends proper training and awareness regarding how to confront gender issues in textbooks.

Keywords: Content analysis, gender equality, school education, critical awareness.

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1236 Brand Placement Strategies in Turkey: The Case of “Yalan Dünya”

Authors: Burçe Boyraz

Abstract:

This study examines appearances of brand placement as an alternative communication strategy in television series by focusing on Yalan Dünya which is one of the most popular television series in Turkey. Consequently, this study has a descriptive research design and quantitative content analysis method is used in order to analyze frequency and time data of brand placement appearances in first 3 seasons of Yalan Dünya with 16 episodes. Analysis of brand placement practices in Yalan Dünya is dealt in three categories: episode-based analysis, season-based analysis and comparative analysis. At the end, brand placement practices in Yalan Dünya are evaluated in terms of type, form, duration and legal arrangements. As a result of this study, it is seen that brand placement plays a determinant role in Yalan Dünya content. Also, current legal arrangements make brand placement closer to other traditional communication strategies instead of differing brand placement from them distinctly.

Keywords: Advertising, Alternative communication strategy, Brand placement, Yalan Dünya.

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1235 Confronting the Uncertainty of Systemic Innovation in Public Welfare Services

Authors: Harri Jalonen

Abstract:

Faced with social and health system capacity constraints and rising and changing demand for welfare services, governments and welfare providers are increasingly relying on innovation to help support and enhance services. However, the evidence reported by several studies indicates that the realization of that potential is not an easy task. Innovations can be deemed inherently complex to implement and operate, because many of them involve a combination of technological and organizational renewal within an environment featuring a diversity of stakeholders. Many public welfare service innovations are markedly systemic in their nature, which means that they emerge from, and must address, the complex interplay between political, administrative, technological, institutional and legal issues. This paper suggests that stakeholders dealing with systemic innovation in welfare services must deal with ambiguous and incomplete information in circumstances of uncertainty. Employing a literature review methodology and case study, this paper identifies, categorizes and discusses different aspects of the uncertainty of systemic innovation in public welfare services, and argues that uncertainty can be classified into eight categories: technological uncertainty, market uncertainty, regulatory/institutional uncertainty, social/political uncertainty, acceptance/legitimacy uncertainty, managerial uncertainty, timing uncertainty and consequence uncertainty.

Keywords: Systemic innovation, uncertainty, welfare services

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