Abstract: In May 2009, the International Maritime Organization (IMO) adopted the Hong Kong International Convention for the Safe and Environmentally Sound Recycling of Ships to address the growing concerns about the environmental, occupational health and safety risks related to ship recycling. The aim of the Hong Kong Convention is to provide a legally binding instrument which ensures that the process of ship recycling does not pose risks to human health, safety and to the environment. In this paper, critical analysis of the Hong Kong Convention has been carried out in order to study the effectiveness of the Convention to meet its objectives. The Convention has been studied in detail including its background, main features, major stakeholders, strengths and weaknesses. The Convention, though having several deficiencies, is a major breakthrough in not only recognizing but also dealing with the ill-practices associated with ship recycling.
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.
Abstract: This paper deals with design of walking beam pendel
axle suspension system. This axles and suspension systems are
mainly required for transportation of heavy duty and Over Dimension
Consignment (ODC) cargo, which is exceeding legal limit in terms of
length, width and height. Presently, in Indian transportation industry,
ODC movement growth rate has increased in transportation of bridge
sections (pre-cast beams), transformers, heavy machineries, boilers,
gas turbines, windmill blades etc. However, current Indian standard
road transport vehicles are facing lot of service and maintenance
issues due to non availability of suitable axle and suspension to carry
the ODC cargoes. This in turn will lead to increased number of road
accidents, bridge collapse and delayed deliveries, which finally result
in higher operating cost. Understanding these requirements, this work
was carried out. These axles and suspensions are designed for
optimum self – weight with maximum payload carrying capacity with
better road stability.
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
Abstract: This paper present lease agreement regulations in
selected European countries. The lease agreement has a long history
and now is one of the main ways to manage agricultural lands in
Europe. The analysis of individual regulations, which has been done,
indicates that this agreement is very important to build social
relations in agriculture and society. This article provides an analysis
of the legal regulations concerning the lease in France, Spain,
Switzerland, Ukraine and Italy. Article is example of study of the
legal regulations and can be used for legal changes in individual
countries.
Abstract: By the end of XX century in the structure of humanity some changes have been provoked: a new ethnos - Ethnos of Intellect is formed and is still being formed, beside the historical types of ethnoses: open ethnos, closed ethnos, wandering ethnos, dead ethnos, - and this event was caused by the technical progress, development of informational and transport communications, especially - by creation of Internet. The Ethnos of Intellect is something very close to the ÔÇ×Information Society“ described by J. Ellule and Y. Masuda that was regarded as the culture of XXI century, being an antithesis for technical and technicistical civilizations, but it-s necessary to indicate also the essential difference between these concepts: the Ethnos of Intellect is the antithesis of Socium. The existence of such an ethnos within human society that has already become an Information Society itself is extremely important in observing legally and informatically a new kind of reins in the hands of the political power, revealing every attempt to violate the human rights of simple citizens. A concrete example of some conjunction points of legal informatics and informatical law in a certain kind of ambiental studies of the project ''State Registre of Population'' in Russia is very eloquent.
Abstract: Assassination of politicians, school mass murders, purported suicides, aircraft crash, mass shootings by police, sinking of sea ferries, mysterious car accidents, mass fire deaths and horrificterror attacks are some of the cases that bring forth scientific and legal conflicts. Questions about truth, justice and human rights are raised by both victims and perpetrators/offenders as they seek to understand why and how it happened to them. This kind of questioning manifests itself in medical-criminological-legalpsychological and scientific realms. An agreement towards truthinvestigations for possible legal-political-psychological transitory issues such as prosecution, victim-offender mediation, healing, reconciliation, amnesty, reparation, restitution, and policy formulations is seen as one way of transforming these conflicts. Forensic scientists and pathologists in particular have formed professional groups where the complexities between legal truth and scientific truth are dramatized and elucidated within the anatomy of courtrooms. This paper focuses on how pathological truth and legal truth interact with each other in Kenya’s criminal justice system.
Abstract: Nowadays, keyless entry systems are widely adopted
for vehicle immobilizer systems due to both advantages of security and
convenience. Keyless entry systems could overcome brute-force key
guessing attack, statistics attack and masquerade attack, however,
they can't prevent from thieves stealing behavior. In this paper, we
proposed a new architecture try to improve the existent flaws. The
integration of the keyless entry system and the fingerprint
identification technology is more suitable to implement on the
portable transponder to achieve higher security needs. We also adopt
and modify AES security protocol for life expectancy and security of
the portable transponder. In addition, the identification of a driver's
fingerprint makes the service of automatic reinstatement of a driver's
preferences become possible. Our design can satisfy not only the three
kinds of previous illegal attacks, but also the stealing situation.
Furthermore, many practical factors, such as costs, life expectancy and
performance, have been well considered in the design of portable
transponder.
Abstract: The public sector holds large amounts of data of
various areas such as social affairs, economy, or tourism. Various
initiatives such as Open Government Data or the EU Directive on
public sector information aim to make these data available for public
and private service providers. Requirements for the provision of
public sector data are defined by legal and organizational
frameworks. Surprisingly, the defined requirements hardly cover
security aspects such as integrity or authenticity.
In this paper we discuss the importance of these missing
requirements and present a concept to assure the integrity and
authenticity of provided data based on electronic signatures. We
show that our concept is perfectly suitable for the provisioning of
unaltered data. We also show that our concept can also be extended
to data that needs to be anonymized before provisioning by
incorporating redactable signatures. Our proposed concept enhances
trust and reliability of provided public sector data.
Abstract: The purpose of the article is to illustrate the main
characteristics of the corporate governance challenge facing the
countries of South-Eastern Europe (SEE) and to subsequently
determine and assess the extensiveness and effectiveness of corporate
governance regulations in these countries. Therefore, we start with an
overview on the subject of the key problems of corporate governance
in transition. We then address the issue of corporate governance
measurement for SEE countries. To this end, we include a review of
the methodological framework for determining both the
extensiveness and the effectiveness of corporate governance
legislation. We then focus on the actual analysis of the quality of
corporate governance codes, as well as of legal institutions
effectiveness and provide a measure of corporate governance in
Romania and other SEE emerging markets. The paper concludes by
emphasizing the corporate governance enforcement gap and by
identifying research issues that require further study.
Abstract: This study was initiated with a three prong objective.
One, to identify the relationship between Technological
Competencies factors (Technical Capability, Firm Innovativeness
and E-Business Practices and professional service firms- business
performance. To investigate the predictors of professional service
firms business performance and finally to evaluate the predictors of
business performance according to the type of professional service
firms, a survey questionnaire was deployed to collect empirical data.
The questionnaire was distributed to the owners of the professional
small medium size enterprises services in the Accounting, Legal,
Engineering and Architecture sectors. Analysis showed that all three
Technology Competency factors have moderate effect on business
performance. In addition, the regression models indicate that
technical capability is the most highly influential that could
determine business performance, followed by e-business practices
and firm innovativeness. Subsequently, the main predictor of
business performance for all types of firms is Technical capability.
Abstract: The Czech Republic is a country whose economy has
undergone a transformation since 1989. Since joining the EU it has
been striving to reduce the differences in its economic standard and
the quality of its institutional environment in comparison with
developed countries. According to an assessment carried out by the
World Bank, the Czech Republic was long classed as a country
whose institutional development was seen as problematic. For many
years one of the things it was rated most poorly on was its bankruptcy
law. The new Insolvency Act, which is a modern law in terms of its
treatment of bankruptcy, was first adopted in the Czech Republic in
2006. This law, together with other regulatory measures, offers debtridden
Czech economic subjects legal instruments which are well
established and in common practice in developed market economies.
Since then, analyses performed by the World Bank and the London
EBRD have shown that there have been significant steps forward in
the quality of Czech bankruptcy law. The Czech Republic still lacks
an analytical apparatus which can offer a structured characterisation
of the general and specific conditions of Czech company and
household debt which is subject to current changes in the global
economy. This area has so far not been given the attention it
deserves. The lack of research is particularly clear as regards analysis
of household debt and householders- ability to settle their debts in a
reasonable manner using legal and other state means of regulation.
We assume that Czech households have recourse to a modern
insolvency law, yet the effective application of this law is hampered
by the inconsistencies in the formal and informal institutions
involved in resolving debt. This in turn is based on the assumption
that this lack of consistency is more marked in cases of personal
bankruptcy. Our aim is to identify the symptoms which indicate that
for some time the effective application of bankruptcy law in the
Czech Republic will be hindered by factors originating in
householders- relative inability to identify the risks of falling into
debt.
Abstract: Anti-money laundering is commonly recognized as a
set of procedures, laws or regulations designed to reduce the practice
of generating income through illegal actions. In Malaysia, the
government and law enforcement agencies have stepped up their
capacities and efforts to curb money laundering since 2001. One of
these measures was the enactment of the Anti-Money Laundering
Act (AMLA) in 2001. The implementation costs on anti-money
laundering requirements (AMLR) can be burdensome to those who
are involved in enforcing them. The objective of this paper is to
explore the perceived effectiveness of AMLR from the enforcement
agencies- perspective. This is a preliminary study whose findings
will help to give direction for further AML research in Malaysia. In
addition, the results of this study provide empirical evidences on the
perceived effectiveness of AMLR prior to further investigations on
barriers and improvements of the implementation of the anti-money
laundering regime in Malaysia.
Abstract: This paper analyzes the effect of a single uniform accounting rule on reporting quality by investigating the influence of IFRS on earnings management. This paper examines whether earnings management is reduced after IFRS adoption through the use of “loss avoidance thresholds”, a method that has been verified in earlier studies. This paper concentrates on two European countries: one that represents the continental code law tradition with weak protection of investors (France) and one that represents the Anglo-American common law tradition, which typically implies a strong enforcement system (the United Kingdom).
The research investigates a sample of 526 companies (6822 firm-year observations) during the years 2000 – 2013. The results are different for the two jurisdictions. This study demonstrates that a single set of accounting standards contributes to better reporting quality and reduces the pervasiveness of earnings management in France. In contrast, there is no evidence that a reduction in earnings management followed the implementation of IFRS in the United Kingdom. Due to the fact that IFRS benefit France but not the United Kingdom, other political and economic factors, such legal system or capital market strength, must play a significant role in influencing the comparability and transparency cross-border companies’ financial statements. Overall, the result suggests that IFRS moderately contribute to the accounting quality of reported financial statements and bring benefit for stakeholders, though the role played by other economic factors cannot be discounted.
Abstract: Digital signature is a useful primitive to attain the integrity and authenticity in various wire or wireless communications. Proxy signature is one type of the digital signatures. It helps the proxy signer to sign messages on behalf of the original signer. It is very useful when the original signer (e.g. the president of a company) is not available to sign a specific document. If the original signer can not forge valid proxy signatures through impersonating the proxy signer, it will be robust in a virtual environment; thus the original signer can not shift any illegal action initiated by herself to the proxy signer. In this paper, we propose a new proxy signature scheme. The new scheme can prevent the original signer from impersonating the proxy signer to sign messages. The proposed scheme is based on the regular ElGamal signature. In addition, the fair privacy of the proxy signer is maintained. That means, the privacy of the proxy signer is preserved; and the privacy can be revealed when it is necessary.
Abstract: This paper looks at transgender identities and the law in the context of marriage. It particularly focuses on the role of language and definition in classifying transgendered individuals into a legal category. Two lines of cases in transgender jurisprudence are examined. The former cases decided the definition of 'man' and 'woman' on the basis of biological criteria while the latter cases held that biological factors should not be the sole criterion for defining a man or a woman. Three categories were found to classify transgender people, namely male, female and "monstrous". Since transgender people challenge the core gender distinction that the law stresses, they are often regarded as problematic and monstrous which caused them to be subjected to severe legal consequences. This paper discusses these issues by analyzing and comparing different cases in transgender jurisprudence as well as examining how these issues play out in contemporary Hong Kong.
Abstract: In Thailand, both the 1997 and the current 2007 Thai Constitutions have mentioned the establishment of independent organizations as a new mechanism to play a key role in proposing policy recommendations to national decision-makers in the interest of collective consumers. Over the last ten years, no independent organizations have yet been set up. Evidently, nobody could point out who should be key players in establishing provincial independent consumer bodies. The purpose of this study was to find definitive stakeholders in establishing and developing independent consumer bodies in a Thai context. This was a cross-sectional study between August and September 2007, using a postal questionnaire with telephone follow-up. The questionnaire was designed and used to obtain multiple stakeholder assessment of three key attributes (power, interest and influence). Study population was 153 stakeholders associated with policy decision-making, formulation and implementation processes of civil-based consumer protection in pilot provinces. The population covered key representatives from five sectors (academics, government officers, business traders, mass media and consumer networks) who participated in the deliberative forums at 10 provinces. A 49.7% response rate was achieved. Data were analyzed, comparing means of three stakeholder attributes and classification of stakeholder typology. The results showed that the provincial health officers were the definitive stakeholders as they had legal power, influence and interest in establishing and sustaining the independent consumer bodies. However, only a few key representatives of the provincial health officers expressed their own paradigm on the civil-based consumer protection. Most provincial health officers put their own standpoint of building civic participation at only a plan-implementation level. For effective policy implementation by the independent consumer bodies, the Thai government should provide budgetary support for the operation of the provincial health officers with their paradigm shift as well as their own clarified standpoint on corporate governance.
Abstract: The purposes of the paper are to know and improve
the legal awareness of Surakarta local government officer to Law
No.12/2006 on Citizenship in vanishing civic discrimination to
Chinese Indonesians. Some issues of the Chinese Indonesian are the
definitions of Indonesian citizens and native Indonesian people or
“warga negara Indonesia (WNI) asli" and their obligation to show
Indonesian Citizenship Certificate (SBKRI) in processing civil
documents. Legal awareness of Surakarta local government officer
can be categorized as “legal knowledge" only. They know the laws
but they do not implement it yet. Nevertheless, at least this research
has given the new awareness in citizenship law for the officers.
Abstract: Security management has changed from the
management of security equipments and useful interface to manager.
It analyzes the whole security conditions of network and preserves the
network services from attacks. Secure router technology has security
functions, such as intrusion detection, IPsec(IP Security) and access
control, are applied to legacy router for secure networking. It controls
an unauthorized router access and detects an illegal network intrusion.
This paper relates to a security engine management of router based on
a security policy, which is the definition of security function against a
network intrusion. This paper explains the security policy and designs
the structure of security engine management framework.
Abstract: The recommendation of the committee on corporate
governance for public companies in Nigeria, that the position of the
CEO be separated from board chair has generated serious debate
among scholars and practitioners. They have questioned the
appropriateness of implementing corporate governance model that is
based on Anglo-Saxon agency problem characterized by dispersed
ownership structure; where markets for corporate control, legal
regulation, and contractual incentives are the key governance
mechanisms. This paper strives to resolve the argument by adopting
an institutional perspective in testing the agency theory on board
duality. The study developed a theoretical and empirical model to
better understand how ownership structure influences agency conflict
and how such affects firm performance. Hence, the study examines
the relationship between CEO duality and firm performance using
two institutional ownership structures – dispersed ownership and
concentrated ownership structures. The empirical results show that
CEO duality is negatively correlated with firm performance in
Nigeria irrespective of the firm-s ownership structure. The findings
give credence to the recommendation of the Peterside Commission
on the need to separate the position of CEO from board chair.