Search results for: prohibition

Authors: Chuencheewin Yimfuang

Abstract:

The WIPO copyright treaty (WCT) was established by the World Intellectual Property Organisation (WIPO). This agreement required the contracting nations to provide adequate protection to technological measures to prevent massive copyright infringement in the internet system. Thailand had to implement the anti-circumvention rules into domestic legislation to comply with this international obligation. The purpose of this paper is to critically discuss the legislative standard under the WCT. It also aims to examine the legal development of technological protection measures in Thailand and demonstrate that the scope of prohibitions under the copyright Act 2022 (NO.5) is similar to the Digital Millennium Copyright Act 1998 (DMCA) of the United States (US). It could be found that the anti-circumvention laws of Thailand prohibit the circumvention of access-control technologies, and the regulation on trafficking circumvention devices has been added to the latest version of the Thai Copyright Act. These legislative evolutions have revealed the attempt to reinforce the legal protection of technological measures and copyright holders in order to be in line with global practices. However, the amendment has problems concerning the legal definitions of effective technological measure and the prohibited act of circumvention. The vagueness might affect the scope of protection and the boundary of prohibition. With this aspect, the DMCA will be evaluated and compared to gain guidelines for interpretation and enforcement in Thailand. The lessons and experiences learned from this study might be useful to correct the flaws or at least clarify the ambiguities embodied in Thai copyright legislation.

Keywords: Legal Development Technological Protection Measure, prohibition, circumvention, Thailand.

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Authors: Enkelejda Koka, Denard Veshi

Abstract:

Since 2011, in the name of ‘humanitarianism’ and deaths in the Mediterranean Sea, the legal and political justification delivered by Greece to manage the refugee crisis is pre-emptive interception. Although part of the EU, Greece adopted its own strategy. These practices have also created high risks for migrants generally resulting in non-rescue episodes and push-back practices having lethal consequences to the life of the irregular migrant. Thus, this article provides an analysis of the Greek ‘compassionate border work’ policy, a practice known as push-back. It is argued that these push-back practices violate international obligations, notably the ‘right to life’, the ‘duty to search and rescue’, the prohibition of inhuman or degrading treatment or punishment and the principle of non-refoulement.

Keywords: Greece, migrants, push-back policy, violation of international law.

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Authors: Francisco José Plácido da Cunha, Tassio Ferenzini Martins Sirqueira, Marx Leles Viana, Carlos José Pereira de Lucena

Abstract:

Open Multiagent Systems (MASs) are societies in which heterogeneous and independently designed entities (agents) work towards similar, or different ends. Software agents are autonomous and the diversity of interests among different members living in the same society is a fact. In order to deal with this autonomy, these open systems use mechanisms of social control (norms) to ensure a desirable social order. This paper considers the following types of norms: (i) obligation — agents must accomplish a specific outcome; (ii) permission — agents may act in a particular way, and (iii) prohibition — agents must not act in a specific way. All of these characteristics mean to encourage the fulfillment of norms through rewards and to discourage norm violation by pointing out the punishments. Once the software agent decides that its priority is the satisfaction of its own desires and goals, each agent must evaluate the effects associated to the fulfillment of one or more norms before choosing which one should be fulfilled. The same applies when agents decide to violate a norm. This paper also introduces a framework for the development of MASs that provide support mechanisms to the agent’s decision-making, using norm-based reasoning. The applicability and validation of this approach is demonstrated applying a traffic intersection scenario.

Keywords: BDI aAgent, BDI4JADE framework, multiagent system, normative agents.

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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 1^st 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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Authors: Olimpia Matarazzo, Fabrizio Ferrara

Abstract:

In two studies we tested the hypothesis that the appropriate linguistic formulation of a deontic rule – i.e. the formulation which clarifies the monadic nature of deontic operators - should produce more correct responses than the conditional formulation in Wason selection task. We tested this assumption by presenting a prescription rule and a prohibition rule in conditional vs. proper deontic formulation. We contrasted this hypothesis with two other hypotheses derived from social contract theory and relevance theory. According to the first theory, a deontic rule expressed in terms of cost-benefit should elicit a cheater detection module, sensible to mental states attributions and thus able to discriminate intentional rule violations from accidental rule violations. We tested this prevision by distinguishing the two types of violations. According to relevance theory, performance in selection task should improve by increasing cognitive effect and decreasing cognitive effort. We tested this prevision by focusing experimental instructions on the rule vs. the action covered by the rule. In study 1, in which 480 undergraduates participated, we tested these predictions through a 2 x 2 x 2 x 2 (type of the rule x rule formulation x type of violation x experimental instructions) between-subjects design. In study 2 – carried out by means of a 2 x 2 (rule formulation x type of violation) between-subjects design - we retested the hypothesis of rule formulation vs. the cheaterdetection hypothesis through a new version of selection task in which intentional vs. accidental rule violations were better discriminated. 240 undergraduates participated in this study. Results corroborate our hypothesis and challenge the contrasting assumptions. However, they show that the conditional formulation of deontic rules produces a lower performance than what is reported in literature.

Keywords: Deontic reasoning; Evolutionary, linguistic, logical, pragmatic factors; Wason selection task

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Authors: Krishan Lal, Anish Dua

Abstract:

Gobind Sagar Reservoir has been created in Himachal Pradesh, India (31° 25´ N and 76 ° 25´E) by damming River Sutlej at village Bhakra in 1963. The average water spread area of this reservoir is 10,000 hectares. Fishermen have organized themselves in the form of co-operative societies. 26 fisheries co-operative societies were working in Gobind Sagar Reservoir up till 2012. June and July months were observed as closed season, no fishing was done during this period. Proper record maintaining of fish catch was done at different levels by the state fisheries department. Different measures like minimum harvestable size, mesh size regulation and prohibition of illegal fishing etc. were taken for fish conservation. Fishermen were actively involved in the management. Gill nets were used for catching fishes from this reservoir. State fisheries department is realizing 15% royalty of the sold fish. Data used in this paper is about the fish catch during 2006-2012 and were obtained from the state fisheries department, Himachal Pradesh. Catla catla, Labeo rohita, Cirrhinus mrigala, Sperata seenghala, Cyprinus carpio, Tor putitora, Hypophthalmichthys molitrix, Labeo calbasu, Labeo dero and Ctenopharyngodon idella etc., were the fish species exploited for commercial purposes. Total number of individuals of all species caught was 3141236 weighing 5637108.9 kg during 2006-2012. H. molitrix was introduced accidently in this reservoir and was making a good share of fish catch in this reservoir. The annual catch of this species was varying between 161279.6 kg, caught in 2011 and 788030.8 kg caught in 2009. Total numbers of individuals of C. idella caught were 8966 weighing 64320.2 kg. The catch of Cyprinus carpio was varying between 144826.1 kg caught in 2006 and 214480.1 kg caught in 2010. Total catch of Tor putitora was 180263.2 kg during 2006-2012. Total catch of L. dero, S. seenghala and Catla catla remained 100637.4 kg, 75297.8 kg and 561802.9 kg, respectively, during 2006-2012. Maximum fish catch was observed during the months of August (after observing Closed Season). Maximum catch of exotic carps was from Bhakra area of the reservoir which has fewer fluctuations in water levels. The reservoir has been divided into eight beats for administrative purpose, to avoid conflicts between operating fisheries co-operative societies for area of operation. Fish catch was more by co-operative societies operating in the area of reservoir having fewer fluctuations in water level and catch was less by co-operative societies operating in the area of more fluctuations in water level. Species-wise fish catch by different co-operative societies from their allotted area was studied. This reservoir is one of most scientifically managed reservoirs.

Keywords: Co-operative societies, fish catch, fish species, reservoir.

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