Search results for: legal regulation
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 446

Search results for: legal regulation

356 Proposal of Blue and Green Infrastructure for the Jaguaré Stream Watershed, São Paulo, Brazil

Authors: Juliana C. Alencar, Monica Ferreira do Amaral Porto

Abstract:

The blue-green infrastructure in recent years has been pointed out as a possibility to increase the environmental quality of watersheds. The regulation ecosystem services brought by these areas are many, such as the improvement of the air quality of the air, water, soil, microclimate, besides helping to control the peak flows and to promote the quality of life of the population. This study proposes a blue-green infrastructure scenario for the Jaguaré watershed, located in the western zone of the São Paulo city in Brazil. Based on the proposed scenario, it was verified the impact of the adoption of the blue and green infrastructure in the control of the peak flow of the basin, the benefits for the avifauna that are also reflected in the flora and finally, the quantification of the regulation ecosystem services brought by the adoption of the scenario proposed. A survey of existing green areas and potential areas for expansion and connection of these areas to form a network in the watershed was carried out. Based on this proposed new network of green areas, the peak flow for the proposed scenario was calculated with the help of software, ABC6. Finally, a survey of the ecosystem services contemplated in the proposed scenario was made. It was possible to conclude that the blue and green infrastructure would provide several regulation ecosystem services for the watershed, such as the control of the peak flow, the connection frame between the forest fragments that promoted the environmental enrichment of these fragments, improvement of the microclimate and the provision of leisure areas for the population.

Keywords: Blue and green infrastructure, sustainable drainage, urban waters, ecosystem services.

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355 Mechanism of Alcohol Related Disruption of the Error Monitoring and Processing System

Authors: M. O. Welcome, Y. E. Razvodovsky, E. V. Pereverzeva, V. A. Pereverzev

Abstract:

The error monitoring and processing system, EMPS is the system located in the substantia nigra of the midbrain, basal ganglia and cortex of the forebrain, and plays a leading role in error detection and correction. The main components of EMPS are the dopaminergic system and anterior cingulate cortex. Although, recent studies show that alcohol disrupts the EMPS, the ways in which alcohol affects this system are poorly understood. Based on current literature data, here we suggest a hypothesis of alcohol-related glucose-dependent system of error monitoring and processing, which holds that the disruption of the EMPS is related to the competency of glucose homeostasis regulation, which in turn may determine the dopamine level as a major component of EMPS. Alcohol may indirectly disrupt the EMPS by affecting dopamine level through disorders in blood glucose homeostasis regulation.

Keywords: Alcohol related disruption, Error monitoring andprocessing system, Mechanism.

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354 Posture Stabilization of Kinematic Model of Differential Drive Robots via Lyapunov-Based Control Design

Authors: Li Jie, Zhang Wei

Abstract:

In this paper, the problem of posture stabilization for a kinematic model of differential drive robots is studied. A more complex model of the kinematics of differential drive robots is used for the design of stabilizing control. This model is formulated in terms of the physical parameters of the system such as the radius of the wheels, and velocity of the wheels are the control inputs of it. In this paper, the framework of Lyapunov-based control design has been used to solve posture stabilization problem for the comprehensive model of differential drive robots. The results of the simulations show that the devised controller successfully solves the posture regulation problem. Finally, robustness and performance of the controller have been studied under system parameter uncertainty.

Keywords: Differential drive robots, nonlinear control, Lyapunov-based control design, posture regulation.

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353 An Overview of the Islamic Banking Development in the United Kingdom, Malaysia, Saudi Arabia, Iran, Nigeria, Kenya and Uganda

Authors: Pradeep Kulshrestha, Maulana Ayoub Ali

Abstract:

The level of penetration of Islamic banking products and services has recorded a reasonable growth at an exponential rate in many parts of the world. There are many factors which have contributed to this growth including, but not limited to the rapid growth of number of Muslims who are uncomfortable with the conventional ways of banking, interest and higher interest rates scheduled by conventional banks and financial institutions as well as the financial inclusion campaign conducted in many countries. The system is facing legal challenges which open the research fdoor for practitioners and academicians for the sake of finding out solutions to those challenges. This paper tries to investigate the development of the Islamic banking system in the United Kingdom (UK), Saudi Arabia, Malaysia, Iran, Kenya, Nigeria and Uganda in order to understand the modalities which have been employed to run an Islamic banking system in the aforementioned countries. The methodology which has been employed in doing this research paper is Doctrinal, of which legislations, policies and other legal tools have been carefully studied and analysed. Again, papers from academic journals, books and financial reports have been deeply analysed for the purpose of enriching the paper and come up with a tangible results. The paper found that in Asia, Malaysia has created the smoothest legal platform for Islamic banking system to work properly in the country. The United Kingdom has tried harder to smooth the banking system without affecting the conventional banking methods and without favouring the operations of Islamic banks. It also tries harder to make UK as an Islamic banking and finance hub in Europe. The entire banking system in Iran is Islamic, while Nigeria has undergone several legal reforms to suit Islamic banking system in the country. Kenya and Uganda are at a different pace in making Islamic Banking system work alongside the conventional banking system.  

Keywords: Shariah, Islamic banking, law, alternative banking.

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352 Output Regulation of Perturbed Nonlinear Systems by Nested Sliding Mode Control

Authors: Aras Adhami Mirhoseini, Mohammad J. Yazdanpanah

Abstract:

In this paper, we consider nested sliding mode control of SISO nonlinear systems, perturbed by bounded matched and unmatched uncertainties. The systems are assumed to be in strict-feedback form. A step wise procedure is introduced to obtain the controller. In each step, a continuous sliding mode controller is designed as virtual control law. Then the next step sliding surface is defined by using this virtual controller. These sliding surfaces are selected as nonlinear static functions of the system states. Finally in the last step, smooth static state feedback control law is determined such that the output reaches the desired set-point while the system is forced arbitrary close to the intersection of sliding surfaces and the states remain bounded.

Keywords: Sliding mode control, Strict-feedback form, Unmatched uncertainty, output regulation.

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351 A Formative Assessment Model within the Competency-Based-Approach for an Individualized E-learning Path

Authors: El Falaki Brahim, Khalidi Idrissi Mohammed, Bennani Samir

Abstract:

E-learning is not restricted to the use of new technologies for the online content, but also induces the adoption of new approaches to improve the quality of education. This quality depends on the ability of these approaches (technical and pedagogical) to provide an adaptive learning environment. Thus, the environment should include features that convey intentions and meeting the educational needs of learners by providing a customized learning path to acquiring a competency concerned In our proposal, we believe that an individualized learning path requires knowledge of the learner. Therefore, it must pass through a personalization of diagnosis to identify precisely the competency gaps to fill, and reduce the cognitive load To personalize the diagnosis and pertinently measure the competency gap, we suggest implementing the formative assessment in the e-learning environment and we propose the introduction of a pre-regulation process in the area of formative assessment, involving its individualization and implementation in e-learning.

Keywords: Competency-Based-Approach, E-learning, Formative assessment, learner model, Modeling, pre-regulation process

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350 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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349 A Review of Heat Pipe Heat Exchangers Activity in Asia

Authors: Ehsan Firouzfar, Maryam Attaran

Abstract:

Heat pipes are two-phase heat transfer devices with high effective thermal conductivity. Due to the high heat transport capacity, heat exchanger with heat pipes has become much smaller than traditional heat exchangers in handling high heat fluxes. With the working fluid in a heat pipe, heat can be absorbed on the evaporator region and transported to the condenser region where the vapour condenses releasing the heat to the cooling media. Heat pipe technology has found increasing applications in enhancing the thermal performance of heat exchangers in microelectranics, energy saving in HVAC systems for operating rooms,surgery centers, hotels, cleanrooms etc, temperature regulation systems for the human body and other industrial sectors. Development activity in heat pipe and thermosyphon technology in asia in recent years is surveyed. Some new results obtained in Australia and other countries are also included.

Keywords: Heat pipe heat exchanger, Thermosyphone, effectiveness, HVAC system, energy saving, temperature regulation.

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348 Private Law, Public Justice: Another Look at Imprisonment for Debt under the Jordanian Law

Authors: Haitham A. Haloush

Abstract:

Debtors' imprisonment in Jordan is a problematic issue since it impinges upon required financial guarantees that are presumably offered by debtors on the one hand, and infringes flagrantly the International Covenant on Civil and Political Rights on the other hand. Jordan lacks regulatory provisions in this respect and debtors' imprisonment is indirectly exercised in Jordan without giving a special legal attention to this concern. From this perspective, this research reviews the available regulations, standard laws and codes of conduct that might guide the implementation of the International Covenant on Civil and Political Rights in the Jordanian context. Furthermore, this article will examine the suitability of the Jordanian legal system in providing sufficient protection for debtors. The author argues that there are serious obstacles in this aspect.

Keywords: The Jordanian Civil Code, the Jordanian Execution Law, imprisonment for debt, good faith, the Jordanian Constitution, the International Covenant on Civil and Political Rights.

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347 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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346 Risk Factors in a Road Construction Site

Authors: V.R Gannapathy, S.K Subramaniam, A.B Mohamad Diah, M.K Suaidi, A.H Hamidon

Abstract:

The picture of a perfect road construction site is the one that utilizes conventional vertical road signs and a flagman to optimize the traffic flow with minimum hazel to the public. Former research has been carried out by Department of Occupational Safety and Health (DOSH) and Ministry of Works to further enhance smoothness in traffic operations and particularly in safety issues within work zones. This paper highlights on hazardous zones in a certain road construction or road maintenance site. Most cases show that the flagman falls into high risk of fatal accidents within work zone. Various measures have been taken by both the authorities and contractors to overcome such miseries, yet it-s impossible to eliminate the usage of a flagman since it is considered the best practice. With the implementation of new technologies in automating the traffic flow in road construction site, it is possible to eliminate the usage of a flagman. The intelligent traffic light system is designed to solve problems which contribute hazardous at road construction site and to be inline with the road safety regulation which is taken into granted.

Keywords: Intelligent Traffic Light, Critical Zones, Safety Regulation, Flagman

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345 Design of DC Voltage Control for D-STATCOM

Authors: Kittaya Somsai, Thanatchai Kulworawanichpong, Nitus Voraphonpiput

Abstract:

This paper presents the DC voltage control design of D-STATCOM when the D-STATCOM is used for load voltage regulation. Although, the DC voltage can be controlled by active current of the D-STATCOM, reactive current still affects the DC voltage. To eliminate this effect, the control strategy with elimination effect of the reactive current is proposed and the results of the control with and without the elimination the effect of the reactive current are compared. For obtaining the proportional and integral gains of the PI controllers, the symmetrical optimum and genetic algorithms methods are applied. The stability margin of these methods are obtained and discussed in detail. In addition, the performance of the DC voltage control based on symmetrical optimum and genetic algorithms methods are compared. Effectiveness of the controllers designed was verified through computer simulation performed by using Power System Tool Block (PSB) in SIMULINK/MATLAB. The simulation results demonstrated that the DC voltage control proposed is effective in regulating DC voltage when the DSTATCOM is used for load voltage regulation.

Keywords: D-STATCOM, DC voltage control, Symmetrical optimum, Genetic algorithms

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344 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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343 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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342 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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341 Coordinated Voltage Control using Multiple Regulators in Distribution System with Distributed Generators

Authors: R. Shivarudraswamy, D. N. Gaonkar

Abstract:

The continued interest in the use of distributed generation in recent years is leading to the growth in number of distributed generators connected to distribution networks. Steady state voltage rise resulting from the connection of these generators can be a major obstacle to their connection at lower voltage levels. The present electric distribution network is designed to keep the customer voltage within tolerance limit. This may require a reduction in connectable generation capacity, under utilization of appropriate generation sites. Thus distribution network operators need a proper voltage regulation method to allow the significant integration of distributed generation systems to existing network. In this work a voltage rise problem in a typical distribution system has been studied. A method for voltage regulation of distribution system with multiple DG system by coordinated operation distributed generator, capacitor and OLTC has been developed. A sensitivity based analysis has been carried out to determine the priority for individual generators in multiple DG environment. The effectiveness of the developed method has been evaluated under various cases through simulation results.

Keywords: Distributed generation, voltage control, sensitivity factor.

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340 Coastal Ecological Sensitivity and Risk Assessment: A Case Study of Sea Level Change in Apodi River (Atlantic Ocean), Northeast Brazil

Authors: Mukesh Singh Boori, Venerando Eustáquio Amaro, Helenice Vital

Abstract:

The present study has been carried out with a view to calculate the coastal vulnerability index (CVI) to know the high and low sensitive areas and area of inundation due to future SLR. Both conventional and remotely sensed data were used and analyzed through the modelling technique. Out of the total study area, 8.26% is very high risk, 14.21% high, 9.36% medium, 22.46% low and 7.35% in the very low vulnerable category, due to costal components. Results of the inundation analysis indicate that 225.2 km² and 397 km² of the land area will be submerged by flooding at 1m and 10m inundation levels. The most severely affected sectors are expected to be the residential, industrial and recreational areas. As this coast is planned for future coastal developmental activities, measures such as industrializations, building regulation, urban growth planning and agriculture, development of an integrated coastal zone management, strict enforcement of the Coastal Regulation Zone (CRZ) Act, monitoring of impacts and further research in this regard are recommended for the study area.

Keywords: Coastal planning, land use, satellite data, vulnerability.

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339 A Comparison of Transdiagnostic Components in Generalized Anxiety Disorder, Unipolar Mood Disorder and Nonclinical Population

Authors: I. Abasi, L. Fata, M. Sadeghi, S. Banihashemi, A. Mohammadee

Abstract:

Background: Dimensional and transdiagnostic approaches as a result of high comorbidity among mental disorders have captured researchers and clinicians interests for exploring the latent factors to development and maintenance of some psychological disorders. The goal of present study is comparing some of these common factors between generalized anxiety disorder and unipolar mood disorder. Methods: 27 patients with generalized anxiety disorder, 29 patients with depression disorder were recruited by using SCID-I and 69 non-clinical populations were selected by using GHQ cut off point. MANCOVA was used for analyzing data. Results: The results show that worry, rumination, intolerance of uncertainty, maladaptive metacognitive beliefs, and experiential avoidance were all significantly different between GAD and unipolar mood disorder groups. However, there weren’t any significant differences in difficulties in emotion regulation and neuroticism between GAD and unipolar mood disorder groups. Discussion: Results indicate that although there are some transdiagnostic and common factors in GAD and unipolar mood disorder, there may be some specific vulnerability factors for each disorder. Further study is needed for answering these questions.

Keywords: Depression, emotion regulation, generalized anxiety disorder, transdiagnostic.

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338 A Legal Opinion on Mitigation and Adaptation on Air Pollution Strategies for Local Governments in South Africa

Authors: Marjone Van Der Bank, C. M. Van Der Bank

Abstract:

This paper presents an overview of the foundation and evolution of environmental related problems in local governments with specific reference on air pollution in South Africa. Local government has a direct mandate in terms of the Constitution of the Republic of South Africa, 1996 (hereafter, the Constitution). This mandate to protect, fulfil, respect and promote the Bill of Rights by local governments in respect of the powers and functions creates confusion around the role of where a local government fits in, in addressing the problem of climate change in South Africa. A reflection of the evolving legislations, developments, and processes regarding climate change that shaped local government dispensation in South Africa is addressed by the notion of developmental local governments. This paper seeks to examine the advances for mitigation and adaptation regulation of air pollution and application in South Africa. This study involves a qualitative approach that will involve South African national legislation as well as an interpretation of international strategies. A literature review study was conducted to undertake the various aspects of law in order to support the argument undertaken of mitigation and adaptation strategies. The paper presents a detailed discussion of the current legislation and the position as it currently stands, as well as the relevant protections as outlined in the National Environmental Management Act and the National Environmental Management: Air Quality Act. It then proceeds to outline the responsibilities of local governments in South Africa to mitigate and adapt to air pollution strategies.

Keywords: Adaptation, climate change, disaster, local governments, mitigation.

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337 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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336 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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335 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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334 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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333 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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332 Actual Nursing Competency among Nurses in Hospital in Vietnam

Authors: Do Thi Ha, Khanitta Nuntaboot

Abstract:

Background: Competency of nurses is vital to safe nursing practice as well as essential component to drive quality of nursing services. There exists little up to date information concerning actual competency among Vietnamese nurses. Purposes: The purpose of this study is to identify the actual nursing competency among nurses in clinical settings in Vietnam. Methods: A qualitative study, ethnographic method, comprised of the participant-observation, in-depth interview, and focus group discussion with multidisciplinary groups of nurses employing in Cho Ray hospital, Vietnam, managers/administrators, nurse teachers, medical doctors, other health care providers, patients and family members which derived from purposeful sampling technique. Content analysis was used for data analysis. Results: Five essential themes of nursing competencies among nurses were identified include (1) knowledge, (2) skills, (3) attitude and value-based nursing practice, (4) legal and ethical competencies, and (5) transcultural competencies. Basic and advanced knowledge were identified as further two dimensions of knowledge. There were five sub themes identified as further dimensions of skills include technical skills, communication skills, organizing and management skills, teamwork and interrelationship, and critical thinking skills. Conclusions: The findings from this study provide valuable information and understanding of the actual competency among nurses in clinical settings in Vietnam. It is expected that this understanding would assist in developing a guide to nursing education and training, nursing practice and relevant policy regulation used for promoting nursing competency among nurses.

Keywords: Nursing competency, qualitative design, ethnographic method, Vietnam.

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331 Nearly Zero-Energy Regulation and Buildings Built with Prefabricated Technology: The Case of Hungary

Authors: András Horkai, Attila Talamon, Viktória Sugár

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There is an urgent need nowadays to reduce energy demand and the current level of greenhouse gas emission and use renewable energy sources increase in energy efficiency. On the other hand, the European Union (EU) countries are largely dependent on energy imports and are vulnerable to disruption in energy supply, which may, in turn, threaten the functioning of their current economic structure. Residential buildings represent a significant part of the energy consumption of the building stock. Only a small part of the building stock is exchanged every year, thus it is essential to increase the energy efficiency of the existing buildings. Present paper focuses on the buildings built with industrialized technology only, and their opportunities in the boundaries of nearly zero-energy regulation. Current paper shows the emergence of panel construction method, and past and present of the ‘panel’ problem in Hungary with a short outlook to Europe. The study shows as well as the possibilities for meeting the nearly zero and cost optimized requirements for residential buildings by analyzing the renovation scenarios of an existing residential typology.

Keywords: Budapest, energy consumption, industrialized technology, nearly zero-energy buildings.

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330 Effect of Mass on Bus Superstructure Strength Having Rollover Crash

Authors: Mustafa Bin Yusof, Mohammad Amirul Affiz Bin Afripin

Abstract:

Safety of bus journey is a fundamental concern. Risk of injuries and fatalities is severe when bus superstructure fails during rollover accident. Adequate design and sufficient strength of bus superstructure can reduce the number of injuries and fatalities. This paper deals with structural analysis of bus superstructure undergoes rollover event. Several value of mass will be varied in multiple simulations. The purpose of this work is to analyze structural response of bus superstructure in terms of deformation, stress and strain under several loading and constraining conditions. A complete bus superstructure with forty four passenger-s capability was developed using finite element analysis software. Simulations have been conducted to observe the effect of total mass of bus on the strength of superstructure. These simulations are following United Nation Economic Commission of Europe regulation 66 which focuses on strength of large vehicle superstructure. Validation process had been done using simple box model experiment and results obtained are comparing with simulation results. Inputs data from validation process had been used in full scale simulation. Analyses suggested that, the failure of bus superstructure during rollover situation is basically dependent on the total mass of bus and on the strength of bus superstructure.

Keywords: Bus, rollover, superstructure strength, UNECE regulation 66.

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329 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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328 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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327 Development of Entrepreneurship in Industry on the Basis of Regulation of Transnational Production Chains in the Russian Arctic

Authors: E. N. Vetrova, L.V. Lapochkina, N. V. Nikulina

Abstract:

In the national economy, entrepreneurship plays the role of a buffer between economy and policy for it contributes to improving budget effectiveness and decreasing dependence of economy on the state. Entrepreneurship in industry makes it possible to increase the added value that is formed in production chains and to decrease dependence on import. Under the current circumstances, when sanctions are being imposed, this is especially relevant for Russia and for the realization of projects in the Russian Arctic. However, development of entrepreneurship in industry requires an enlightened state policy. The purpose of the research is elaboration of recommendations for improving economic effectiveness of the realization of the Arctic projects on the basis of conceptual proposals for the development of entrepreneurship in industry. The paper presents the studies of the extractive industry role in the Russian economy and proves its raw material character. The analysis of production chains in industry on the basis of the conception of the added value global chains demonstrated a low added value formed by Russian companies. The study of changes in the structure of economy based on systemic, statistical and comparative analyses revealed no positive changes in the structure of economy over the period under consideration. This is a manifestation of ineffectiveness of the Russian industrial policy in general and within the Arctic region in particular. The authors identified the problems information and implementation of the state industrial policy in the Arctic region and in the development of national entrepreneurship, analyzed the shortcomings of the current state policy in the sphere of the Russian industry. On the basis of the conducted studies, the authors formulated conceptual approaches to change the state policy in the Arctic. The basic idea of the authors is to substantiate the focus of the state regulation on the development of entrepreneurship in industry in the process of the Russian Arctic exploration. At the same time another problem is solved–that of the development of the manufacturing industry in the southern regions of the northwestern part of Russia. The criterion of effectiveness in this case is the economic effectiveness.

Keywords: Entrepreneurship in industry, global chains of the added value, government regulation, industrial policies, production chains in the Arctic region, economic effectiveness.

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