Search results for: transfer of development rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 5236

Search results for: transfer of development rights

5236 Urban-Rural Balance, Regional Coordination and Land Transfer in China

Authors: Ling Zheng, Yaping Wei, Kang Cao, Songpo Shi, Jinxing Wang

Abstract:

It-s difficult for China-s current land transfer institutions limited to county-wide to solve the contradiction between urban-rural development and construction land shortage. On the basis of analyzing China-s construction land transfer system, and evaluation toward Transfer of development rights (TDR) practices in Anhui and Chongqing, the passage proposes: (1) we should establish a multi-level land indicators trade market under the guidance of regional spatial objectives, and allow land transfer paid across cities and counties within a specific area following the regulation of both government and market; (2) it would be better to combine organically the policy ntentions of land plan, regional plan, urban plan and economic plan, and link them with land indicators transfer to promote a wider range of urban-rural balance and regional coordination.

Keywords: China's land institutions, transfer of development rights, urban-rural balance, regional coordination.

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5235 A Constitutional Approach to the Rights to Water and Energy

Authors: Antonios Maniatis

Abstract:

The present paper focuses on human rights to the water and to the energy and has a scope to promote the legal status on sustainable construction. The right to water constitutes a typical example of 3G fundamental rights, like the right to enjoyment of energy, particularly of electricity, whilst the right to energy efficiency is a right of fourth generation. Both rights to water and energy are examined through their consecration in the framework of the above-mentioned generations. It results that not only decision-makers but also citizens should fight for the further consecration and adequate use of these crucial rights, having to do with the urgent problem of climate change and the sustainable development. The time for the principle of water and energy “rule of law” has come.

Keywords: Climate change law, energy (en + ergon) efficiency, fundamental rights, prosumer, water.

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5234 Supporting Technology Transfer with Communities and Social Software Solutions

Authors: G. Schuh, S. Aghassi

Abstract:

In order to bridge the gap between research and industry, promoting technology and knowledge transfer becomes increasingly important. Especially small- and medium-sized enterprises, having only little R&D resources themselves, depend on external technology development activities for remaining innovative. Academia research on the other hand needs potential industrial partners, who are capable and willing to commercialize their technologies as most public funding programs require some sort of technology transfer or dissemination activities. Modern web technologies offer more and more “social” functionalities and open up new ways of user interaction. In the past years several technology transfer platforms were developed, making use of modern web technologies in order to enable and support technology transfer. In this paper we report on the results of a state-of-the art analyses of existing technology transfer platforms, point out their advantages and deficits and give a perspective to the development of an improved technology transfer platform.

Keywords: Knowledge transfer, social software, technology management, technology transfer.

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5233 Stop Forced Child Marriage: A Comparative Global Law Analysis

Authors: Michelle J. Miller

Abstract:

Millions of girls are forcibly married during the transitional period between puberty and adulthood. At a stage of vulnerability cultural practices, religious rights and social standards place her in a position where she is catapult into womanhood. An advocate against forced child marriage could argue that child rights, cultural rights, religious rights, right to marry, right to life, right to health, right to education, right to be free from slavery, right to be free from torture, right to consent to marriage are all violated by the practice of child marriage. The author is this advocate and this paper will present how some of these rights are violated and establish the need for change.

Keywords: Child marriage, forced child marriage, child rights, protection, religious rights, cultural rights, right to life, human rights.

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5232 Analyzing Culture as an Obstacle to Gender Equality in a Non-Western Context: Key Areas of Conflict between International Women’s Rights and Cultural Rights in South Sudan

Authors: C. Leiber

Abstract:

International human rights treaties ensure basic rights to all people, regardless of nationality. These treaties have developed in a predominantly Western environment, and their implementation into non-western contexts often raises questions of the transfer-ability of value systems and governance structures. International human rights treaties also postulate the right to the full enjoyment and expression of one’s own culture, known as cultural rights. Many cultural practices and traditions in South Sudan serve as an obstacle to the adaptation of human rights and internationally agreed-upon standards, specifically those pertaining to women’s rights and gender equality. This paper analyzes the specific social, political, and economic conflicts between women’s rights and cultural rights within the context of South Sudan’s evolution into a sovereign nation. It comprehensively evaluates the legal status of South Sudanese women and –based on the empirical evidence- assesses gender equality in four key areas: Marriage, Education, Violence against Women, and Inheritance. This work includes an exploration into how South Sudanese culture influences, and indeed is intertwined with, social, political, and economic spheres, and how it limits gender equality and impedes the full implementation of international human rights treaties. Furthermore, any negative effects which systemic gender inequality and cultural practices that are oppressive to women have on South Sudan as a developing nation are explored. Finally, those areas of conflict between South Sudanese cultural rights and international women’s rights are outlined which can be mitigated or resolved in favor of elevating gender equality without imperializing or destroying South Sudanese culture.

Keywords: Cultural rights, gender equality, international human rights, South Sudan.

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5231 Women’s Rights in Conflict with People’s Cultural Autonomy: Problems of Cultural Accommodation

Authors: Nazia Khan

Abstract:

The paper explores the cultural rights accommodation by the state which has left many unresolved problems. The cultural rights sometimes violate the basic individual rights of the members inside the community like women. The paper further explicates certain cultural norms and practices which violates the rights of women inside the community in the name of culture.

Keywords: Culture, Patriarchy, Rights, Women.

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5230 Robust Human Rights Governance: Developing International Criteria

Authors: Helen P. Greatrex

Abstract:

Many states are now committed to implementing international human rights standards domestically. In terms of practical governance, how might effectiveness be measured? A facevalue answer can be found in domestic laws and institutions relating to human rights. However, this article provides two further tools to help states assess their status on the spectrum of robust to fragile human rights governance. The first recognises that each state has its own 'human rights history' and the ideal end stage is robust human rights governance, and the second is developing criteria to assess robustness. Although a New Zealand case study is used to illustrate these tools, the widespread adoption of human rights standards by many states inevitably means that the issues are relevant to other countries. This is even though there will always be varying degrees of similarity-difference in constitutional background and developed or emerging human rights systems.

Keywords: robust human rights governance, fragile states.

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5229 Certain Important Aspects of Cost Contribution Arrangements in Financial Management

Authors: Tomáš Brabenec

Abstract:

Cost contribution arrangements (CCAs) and Cost sharing agreements (CCAs) belong to the tools of modern finance management. Costs spend by associated enterprises on developing producing or obtaining assets, services or rights (in general - benefits) are used for tax optimizing too. The main purpose of joint research and development, producing or obtaining benefits is to lower these costs as much as possible or to maximize the benefits. In this article is mentioned the problematic of transfer pricing and arm's length principle with connection of CCAs, CSAs. Next, there is mentioned how to settle participation shares of the total cost and benefits contributions with respect to the OECD Transfer pricing for MNEs Guidelines and with respect to other significant regulations.

Keywords: Arm's length principle, Cost contribution arrangements, Cost sharing agreements, Reasonable anticipated benefits, Relevant costs, Transfer prices.

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5228 The Study on the Wireless Power Transfer System for Mobile Robots

Authors: Hyung-Nam Kim, Won-Yong Chae, Dong-Sul Shin, Ho-Sung Kim, Hee-Je Kim

Abstract:

A wireless power transfer system can attribute to the fields in robot, aviation and space in which lightening the weight of device and improving the movement play an important role. A wireless power transfer system was investigated to overcome the inconvenience of using power cable. Especially a wireless power transfer technology is important element for mobile robots. We proposed the wireless power transfer system of the half-bridge resonant converter with the frequency tracking and optimized power transfer control unit. And the possibility of the application and development system was verified through the experiment with LED loads.

Keywords: Wireless Power Transmission (WPT), resonancefrequency, protection circuit. LED.

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5227 Horizontal Dimension of Constitutional Social Rights

Authors: Monika Florczak-Wątor

Abstract:

The main purpose of this paper is to determine the applicability of the constitutional social rights in the so-called horizontal relations, i.e. the relations between private entities. Nowadays the constitutional rights are more and more often violated by private entities and not only by the state. The private entities interfere with the privacy of individuals, limit their freedom of expression or disturb their peaceful gatherings. International corporations subordinate individuals in a way which may limit their constitutional rights. These new realities determine the new role of the constitution in protecting human rights. The paper will aim at answering two important questions. Firstly, are the private entities obliged to respect the constitutional social rights of other private entities and can they be liable for violation of these rights? Secondly, how the constitutional social rights can receive horizontal effect? Answers to these questions will have a significant meaning for the popularisation of the practice of applying the Constitution among the citizens as well as for the courts which settle disputes between them.

Keywords: Constitution, horizontal application, private relations, social rights.

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5226 Constitutionalisation and Judicial Protection of Social Rights - An Approach to Latin American Case

Authors: German Lopez Daza

Abstract:

Latin America is probably the region with greater social inequality, contrary to the amount of rights enshrined in their constitutions. In the last decade of the twentieth century, the area resulted in significant changes to democratization and constitutional changes. Through low-key public policy, political leaders activated participation in the culture of human rights. The struggle for social rights in Latin America has been a constant regulation. His consecration at the constitutional level has chained search application. The constitutionalization and judicial protection of these rights have been crucial in countries like Argentina, Venezuela, Peru and Colombia. This paper presents an analytical view on the constitutionalization of social rights in the Latin American context and its justiciability.

Keywords: Socials rights, public policy, justiciability, judicial protection, Latin America.

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5225 The Exclusion of Consumer Rights in e-Auctions – Is an e-Auction Really an Auction at all?

Authors: Trish O'Sullivan

Abstract:

This paper considers the exclusion of consumer rights by the New Zealand Consumer Guarantees Act 1993 in eauctions. The paper asserts that the absence of an individual auctioneer conducting each e-auction means that e-auctions may not be auctions at all. The paper also questions the justification for excluding consumer rights in e-auctions because the rationale for excluding consumer rights in traditional auctions does not fit with e-auctions due to the significant differences in the sale processes. The paper recommends reform by way of statutory amendment.

Keywords: auction, auctioneer, consumer rights, e-auction.

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5224 Mathematical Models for Overall Gas Transfer Coefficient Using Different Theories and Evaluating Their Measurement Accuracy

Authors: Shashank.B. Thakre, Lalit.B. Bhuyar, Samir.J. Deshmukh

Abstract:

Oxygen transfer, the process by which oxygen is transferred from the gaseous to liquid phase, is a vital part of the waste water treatment process. Because of low solubility of oxygen and consequent low rate of oxygen transfer, sufficient oxygen to meet the requirement of aerobic waste does not enter through normal surface air water interface. Many theories have come up in explaining the mechanism of gas transfer and absorption of non-reacting gases in a liquid, of out of which, Two film theory is important. An exiting mathematical model determines approximate value of Overall Gas Transfer coefficient. The Overall Gas Transfer coefficient, in case of Penetration theory, is 1.13 time more than that obtained in case of Two film theory. The difference is due to the difference in assumptions in the two theories. The paper aims at development of mathematical model which determines the value of Overall Gas Transfer coefficient with greater accuracy than the existing model.

Keywords: Theories, Dissolved oxygen, Mathematical model, Gas Transfer coefficient, Accuracy.

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5223 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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5222 Performance Evaluation and Modeling of a Conical Plunging Jet Aerator

Authors: Surinder Deswal, D. V. S. Verma

Abstract:

Aeration by a plunging water jet is an energetically attractive way to effect oxygen-transfer than conventional oxygenation systems. In the present study, a new type of conical shaped plunging aeration device is fabricated to generate hollow inclined ined plunging jets (jet plunge angle of π/3 ) to investigate its oxygen transfer capacity. The results suggest that the volumetric oxygen-transfer coefficient and oxygen-transfer efficiency of the conical plunging jet aerator are competitive with other types of aeration systems. Relationships of volumetric oxygen-transfer coefficient with jet power per unit volume and jet parameters are also proposed. The suggested relationships predict the volumetric oxygentransfer coefficient within a scatter of ± 15% . Further, the application of Support Vector Machines on the experimental data revealed its utility in the prediction of volumetric oxygen-transfer coefficient and development of conical plunging jet aerators.

Keywords: Conical plunging jet, oxygen-transfer efficiency, support vector machines, volumetric oxygen-transfer coefficient.

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5221 Key Issues in Transfer Stage of BOT Project: Experience from China

Authors: Wang Liguang, Zhang Xueqing

Abstract:

The build-operate-transfer (BOT) project delivery system has provided effective routes to mobilize private sector funds, innovative technologies, management skills and operational efficiencies for public infrastructure development and have been widely used in China during the last 20 years. Many BOT projects in China will be smoothly transferred to the government soon and the transfer stage, which is considered as the last stage, must be studied carefully and handled well to achieve the overall success of BOT projects. There will be many issues faced by both the public sector and private sector in the transfer stage of BOT projects, including project post-assessment, technology and documents transfer, personal training and staff transition, etc. and sometimes additional legislation is needed for future operation and management of facilities. However, most previous studies focused on the bidding, financing, and building and operation stages instead of transfer stage. This research identifies nine key issues in the transfer stage of BOT projects through a comprehensive study on three cases in China, and the expert interview and expert discussion meetings are held to validate the key issues and give detail analysis. A proposed framework of transfer management is prepared based on the experiences derived and lessons drawn from the case studies and expert interview and discussions, which is expected to improve the transfer management of BOT projects in practice.

Keywords: BOT project, key issues, transfer management transfer stage.

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5220 Simultaneous Determination of Reference Free-Stream Temperature and Convective Heat Transfer Coefficient

Authors: Giho Jeong, Sooin Jeong, Kuisoon Kim

Abstract:

It is very important to determine reference temperature when convective temperature because it should be used to calculate the temperature potential. This paper deals with the development of a new method that can determine heat transfer coefficient and reference free stream temperature simultaneously, based on transient heat transfer experiments with using two narrow band thermo-tropic liquid crystals (TLC's). The method is validated through error analysis in terms of the random uncertainties in the measured temperatures. It is shown how the uncertainties in heat transfer coefficient and free stream temperature can be reduced. The general method described in this paper is applicable to many heat transfer models with unknown free stream temperature.

Keywords: Heat transfer coefficient, Thermo-tropic LiquidCrystal (TLC), Free stream temperature.

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5219 Computational Simulation of Turbulence Heat Transfer in Multiple Rectangular Ducts

Authors: Azli Abd. Razak, Yusli Yaakob, Mohd Nazir Ramli

Abstract:

This study comprehensively simulate the use of k-ε model for predicting flow and heat transfer with measured flow field data in a stationary duct with elucidates on the detailed physics encountered in the fully developed flow region, and the sharp 180° bend region. Among the major flow features predicted with accuracy are flow transition at the entrance of the duct, the distribution of mean and turbulent quantities in the developing, fully developed, and sharp 180° bend, the development of secondary flows in the duct cross-section and the sharp 180° bend, and heat transfer augmentation. Turbulence intensities in the sharp 180° bend are found to reach high values and local heat transfer comparisons show that the heat transfer augmentation shifts towards the wall and along the duct. Therefore, understanding of the unsteady heat transfer in sharp 180° bends is important. The design and simulation are related to concept of fluid mechanics, heat transfer and thermodynamics. Simulation study has been conducted on the response of turbulent flow in a rectangular duct in order to evaluate the heat transfer rate along the small scale multiple rectangular duct

Keywords: Heat transfer, turbulence, rectangular duct, simulation.

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5218 Mass Transfer Modeling in a Packed Bed of Palm Kernels under Supercritical Conditions

Authors: I. Norhuda, A. K. Mohd Omar

Abstract:

Studies on gas solid mass transfer using Supercritical fluid CO2 (SC-CO2) in a packed bed of palm kernels was investigated at operating conditions of temperature 50 °C and 70 °C and pressures ranges from 27.6 MPa, 34.5 MPa, 41.4 MPa and 48.3 MPa. The development of mass transfer models requires knowledge of three properties: the diffusion coefficient of the solute, the viscosity and density of the Supercritical fluids (SCF). Matematical model with respect to the dimensionless number of Sherwood (Sh), Schmidt (Sc) and Reynolds (Re) was developed. It was found that the model developed was found to be in good agreement with the experimental data within the system studied.

Keywords: Mass Transfer, Palm Kernel, Supercritical fluid.

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5217 Constitutional Complaint as an Instrument of Fulfilling the Worker ׳s Rights in Croatian Legal System

Authors: Dragana Bjelić, Mirela Mezak Stastny

Abstract:

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

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

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5216 Developing a Conjugate Heat Transfer Solver

Authors: Mansour A. Al Qubeissi

Abstract:

The current paper presents a numerical approach in solving the conjugate heat transfer problems. A heat conduction code is coupled internally with a computational fluid dynamics solver for developing a couple conjugate heat transfer solver. Methodology of treating non-matching meshes at interface has also been proposed. The validation results of 1D and 2D cases for the developed conjugate heat transfer code have shown close agreement with the solutions given by analysis.

Keywords: Computational Fluid Dynamics, Conjugate Heat transfer, Heat Conduction, Heat Transfer

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5215 University-Industry Technology Transfer and Technology Transfer Offices in Emerging Economies

Authors: José Carlos Rodríguez, Mario Gómez

Abstract:

The aim of this paper is to get insight on the nature of university-industry technology transfer (UITT) and technology transfer offices (TTOs) activity at universities in the case of emerging economies. In relation to the process of transferring knowledge/technology in the case of emerging economies, knowledge/technology transfer in these economies are more reactive than in developed economies due to differences in maturity of technologies. It is assumed in this paper that knowledge/technology transfer is a complex phenomenon, and thus the paper contributes to get insight on the nature of UITT and TTOs creation in the case of emerging economies by using a system dynamics model of knowledge/technology transfer in these countries. The paper recognizes the differences between industrialized countries and emerging economies on these phenomena.

Keywords: University-industry technology transfer, technology transfer offices, technology transfer models, emerging economies.

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5214 Enhancement of Impingement Heat Transfer on a Flat Plate with Ribs

Authors: M. Kito, M. Takezaki, T. Shakouchi, K. Tsujimoto, T. Ando

Abstract:

Impinging jets are widely used in industrial cooling systems for their high heat transfer characteristics at stagnation points. However, the heat transfer characteristics are low in the downstream direction. In order to improve the heat transfer coefficient further downstream, investigations introducing ribs on jet-cooled flat plates have been conducted. Most studies regarding the heat-transfer enhancement using a rib-roughened wall have dealt with the rib pitch. In this paper, we focused on the rib spacing and demonstrated that the rib spacing must be more than 6 times the nozzle width to improve heat transfer at Reynolds number Re=5.0×103 because it is necessary to have enough space to allow reattachment of flow behind the first rib.

Keywords: Forced convection, heat transfer, impinging jet cooling, rib roughened wall

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5213 Human Rights in Armed Conflicts and Constitutional Law

Authors: Antonios Maniatis

Abstract:

The main purpose of this paper is to determine the impact of both International Humanitarian Law and anti-piracy International Law on Constitutional Law. International Law is endowed with a rich set of norms on the protection of private individuals in armed conflicts and copes with the diachronic crime of maritime piracy, which may be considered as a private war in the high seas. Constitutional Law has been traditionally geared at two generations of fundamental rights. The paper will aim at answering the question “Which is the profile of 3G constitutional rights, particularly in the light of International Humanitarian Law?”

Keywords: Constitution, Humanitarian International Law, Piracy, 3G fundamental rights.

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5212 Sustainable Development: The Human Rights Approach to Environmental Protection in South Africa

Authors: C. M. van der Bank, Marjoné van der Bank

Abstract:

International and domestic environmental law has evolved quite rapidly in the last few decades. At the international level the Stockholm and Rio Declarations paved the way for a broad based consensus of the international community on environmental issues and principles. At the Domestic level also many states have incorporated environmental protection in their constitutions and even more states are doing the same at least in their domestic legislations. In this process of evolution environmental law has unleashed a number of novel principles such as; the participatory principle, the polluter pays principle, the precautionary principle, the intergenerational and intra-generational principles, the prevention principle, the sustainable development principle and so on.

Keywords: Environment, human rights, international, protection.

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5211 The Problems of Legal Regulation of Intellectual Property Rights in Innovation Activities in Russia (Institutional Approach)

Authors: Zhanna Mingaleva, Irina Mirskikh

Abstract:

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

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

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5210 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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5209 Sustainable Development, China’s Emerging Role via One Belt, One Road

Authors: Saeid Rabiei Majd, Motahareh Alvandi, Mehrad Rabiei

Abstract:

The rapid economic and technological development of any country depends on access to cheap sources of energy. Competition for access to petroleum resources is always accompanied by numerous environmental risks. These factors have caused more attention to environmental issues and sustainable development in petroleum contracts and activities. Nowadays, a sign of developed countries is adhering to the principles and rules of international environmental law and sustainable development of commercial contracts. China has entered into play through the massive project plan, One Belt, One Road. China is becoming a new emerging power in the world. China's bilateral investment treaties have an impact on environmental rights and sustainable development through regional and international foreign direct investment. The aim of this research is to examine China's key position to promote and improve environmental principles and international law and sustainable development in the energy sector in the world through the initiative, One Belt, One Road. Based on this hypothesis, it seems that in the near future, China's investment bilateral investment treaties will become popular investment model used in global trade, especially in the field of energy and sustainable development. They will replace the European and American models. The research method is including literature review, analytical and descriptive methods.

Keywords: Principles of sustainable development, oil and gas law, Chinas BITs, one belt one road, environmental rights.

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5208 Promoting Gender Equality within Islamic Tradition via Contextualist Approach

Authors: Ali Akbar

Abstract:

The importance of advancing women’s rights is closely intertwined with the development of civil society and the institutionalization of democracy in Middle Eastern countries. There is indeed an intimate relationship between the process of democratization and promoting gender equality, since democracy necessitates equality between men and women. In order to advance the issue of gender equality, what is required is a solid theoretical framework which has its roots in the reexamination of pre-modern interpretation of certain Qurʾānic passages that seem to have given men more rights than it gives women. This paper suggests that those Muslim scholars who adopt a contextualist approach to the Qurʾānic text and its interpretation provide a solid theoretical background for improving women’s rights. Indeed, the aim of the paper is to discuss how the contextualist approach to the Qurʾānic text and its interpretation given by a number of prominent scholars is capable of promoting the issue of gender equality. The paper concludes that since (1) much of the gender inequality found in the primary sources of Islam as well as pre-modern Muslim writings is rooted in the natural cultural norms and standards of early Islamic societies and (2) since the context of today’s world is so different from that of the pre-modern era, the proposed models provide a solid theoretical framework for promoting women’s rights and gender equality.

Keywords: Contextualism, Gender equality, Islam, Women’s rights.

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5207 The Transfer of Energy Technologies in a Developing Country Context Towards Improved Practice from Past Successes and Failures

Authors: Lindiwe O. K. Mabuza, Alan C. Brent, Maxwell Mapako

Abstract:

Technology transfer of renewable energy technologies is very often unsuccessful in the developing world. Aside from challenges that have social, economic, financial, institutional and environmental dimensions, technology transfer has generally been misunderstood, and largely seen as mere delivery of high tech equipment from developed to developing countries or within the developing world from R&D institutions to society. Technology transfer entails much more, including, but not limited to: entire systems and their component parts, know-how, goods and services, equipment, and organisational and managerial procedures. Means to facilitate the successful transfer of energy technologies, including the sharing of lessons are subsequently extremely important for developing countries as they grapple with increasing energy needs to sustain adequate economic growth and development. Improving the success of technology transfer is an ongoing process as more projects are implemented, new problems are encountered and new lessons are learnt. Renewable energy is also critical to improve the quality of lives of the majority of people in developing countries. In rural areas energy is primarily traditional biomass. The consumption activities typically occur in an inefficient manner, thus working against the notion of sustainable development. This paper explores the implementation of technology transfer in the developing world (sub-Saharan Africa). The focus is necessarily on RETs since most rural energy initiatives are RETs-based. Additionally, it aims to highlight some lessons drawn from the cited RE projects and identifies notable differences where energy technology transfer was judged to be successful. This is done through a literature review based on a selection of documented case studies which are judged against the definition provided for technology transfer. This paper also puts forth research recommendations that might contribute to improved technology transfer in the developing world. Key findings of this paper include: Technology transfer cannot be complete without satisfying pre-conditions such as: affordability, maintenance (and associated plans), knowledge and skills transfer, appropriate know how, ownership and commitment, ability to adapt technology, sound business principles such as financial viability and sustainability, project management, relevance and many others. It is also shown that lessons are learnt in both successful and unsuccessful projects.

Keywords: Technology transfer, technology management, renewable energy, sustainable development.

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