Critical Analysis of the Hong Kong International Convention on Ship Recycling

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.

Legal Knowledge of Legislated Employment Rights: An Empirical Study

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.

Design of Walking Beam Pendle Axle Suspension System

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.

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

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

Lease Agreement in the European Countries

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.

The Role of the Ethnos of Intellect in Legal and Informatical Observation of “Information Society“

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.

Pathological Truth: The Use of Forensic Science in Kenya’s Criminal Justice System

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. 

Fingerprint Identification Keyless Entry System

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.

Trust and Reliability for Public Sector Data

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.

Extensiveness and Effectiveness of Corporate Governance Regulations in South-Eastern Europe

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.

An Assessment of Technological Competencies on Professional Service Firms Business Performance

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.

Consumer Insolvency in the Czech Republic

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.

Anti-Money Laundering Requirements – Perceived Effectiveness

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.

Pre and Post IFRS Loss Avoidance in France and the United Kingdom

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.

New Proxy Signatures Preserving Privacy and as Secure as ElGamal Signatures

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.

Definition in Law: Transgender Identities and Marriage

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.

Stakeholder Analysis: Who are the Key Actorsin Establishing and Developing Thai Independent Consumer Organizations?

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.

Legal Awareness of Surakarta Local Government Officer to Law Number 12 Year 2006 on Citizenship in Vanishing Civic Discrimination to Chinese Indonesians

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.

Security Engine Management of Router based on Security Policy

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.

CEO Duality and Firm Performance: An Integration of Institutional Perceptive with Agency Theory

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.