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.
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.
Abstract: A Smart Building Controller (SBC) is a server
software that offers secured access to a pool of building specific
resources, executes monitoring tasks and performs automatic
administration of a building, thus optimizing the exploitation cost and
maximizing comfort. This paper brings to discussion the issues that
arise with the secure exploitation of the SBC administered resources
and proposes a technical solution to implement a robust secure access
system based on roles, individual rights and privileges (special
rights).
Abstract: As the economies of other countries in the
Mediterranean Basin, the tourism sector in our country has a high
denominator in economics. Tourism businesses, which are building
blocks of tourism, sector faces with a variety of problems during their
activities. These problems faced make business efficiency and
competition conditions of the businesses difficult. Most of the
problems faced by the tourism businesses and the information of
consumers about consumers’ rights were used in this study, which is
conducted to determine the problems of tourism businesses in the
Central Anatolia Region. It is aimed to contribute the awareness of
staff and executives working at tourism sector and to attract attention
of businesses active concurrently with tourism sector and legislators.
Abstract: The research on “The Way of Life of the Civil Servant
Community under the Bureau of the Royal Household” aims to study
1) the way of life of the people who live in the civil servant
community in Tha Wasukri, and 2) the model of community
administration of civil servants under the Bureau of the Royal
Household. This research is conducted qualitatively and
quantitatively by collecting data from interviews, focus group
discussion, participant and non-participant observation along with the
data from questionnaire based on age groups which include elder
group, working age group and youth group.
The result of the research shows that the origin of this community
is related to the history during the Rama V’s reign. It has been a
harbor for the king to boat in any royal ceremonies; this custom is
still maintained until today. The status or position of person who
serves the king in terms of working is often inherited from the bureau
of the Royal Household based on his/her consanguinity and, hence,
further receives the rights to live in the Tha Wasukri area. Therefore,
this community has some special characteristics demonstrating the
way of living influenced by the regulation of the Bureau of the Royal
Household such as respecting elders and interdependence in which
there is internal social organization with the practice of bureaucracy
in going in and out the community. The person who has rights to live
here must be friendly to everybody so that this community will be a
safe place for lives and property. The administration based on the
model of Bangkok for local administration was used as an external
structure only, but the way of living still follows the practice of the
Bureau of the Royal Household.
Abstract: The development of the United Arab Emirates (UAE)
into a regional trade, tourism, finance and logistics hub has
transformed its real estate markets. However, speculative activity and
price volatility remain concerns. UAE residential market values
(MV) are exposed to fluctuations in capital flows and migration
which, in turn, are affected by geopolitical uncertainty, oil price
volatility and global investment market sentiment. Internally, a
complex interplay between administrative boundaries, land tenure,
building quality and evolving location characteristics fragments UAE
residential property markets. In short, the UAE Residential Valuation
System (UAE-RVS) confronts multiple challenges to collect, filter
and analyze relevant information in complex and dynamic spatial and
capital markets. A robust (RVS) can mitigate the risk of unhelpful
volatility, speculative excess or investment mistakes. The research
outlines the institutional, ontological, dynamic and epistemological
issues at play. We highlight the importance of system capabilities,
valuation standard salience and stakeholders trust.
Abstract: The emerging Cognitive Radio is combo of both the
technologies i.e. Radio dynamics and software technology. It involve
wireless system with efficient coding, designing, and making them
artificial intelligent to take the decision according to the surrounding
environment and adopt themselves accordingly, so as to deliver the
best QoS. This is the breakthrough from fixed hardware and fixed
utilization of the spectrum. This software-defined approach of
research is centralized at user-definition and application driven
model, various software method are used for the optimization of the
wireless communication. This paper focused on the Spectrum
allocation technique using genetic algorithm GA to evolve radio,
represented by chromosomes. The chromosomes gene represents the
adjustable parameters in given radio and by using GA, evolving over
the generations, the optimized set of parameters are evolved, as per
the requirement of user and availability of the spectrum, in our
prototype the gene consist of 6 different parameters, and the best set
of parameters are evolved according to the application need and
availability of the spectrum holes and thus maintaining best QoS for
user, simultaneously maintaining licensed user rights. The analyzing
tool Matlab is used for the performance of the prototype.
Abstract: The idea of the asynchronous transmission in
wavelength division multiplexing (WDM) ring MANs is studied in
this paper. Especially, we present an efficient access technique to
coordinate the collisions-free transmission of the variable sizes of IP
traffic in WDM ring core networks. Each node is equipped with a
tunable transmitter and a tunable receiver. In this way, all the
wavelengths are exploited for both transmission and reception. In
order to evaluate the performance measures of average throughput,
queuing delay and packet dropping probability at the buffers, a
simulation model that assumes symmetric access rights among the
nodes is developed based on Poisson statistics. Extensive numerical
results show that the proposed protocol achieves apart from high
bandwidth exploitation for a wide range of offered load, fairness of
queuing delay and dropping events among the different packets size
categories.
Abstract: Validity, integrity, and impacts of the IT systems of
the US federal courts have been studied as part of the Human Rights
Alert-NGO (HRA) submission for the 2015 Universal Periodic
Review (UPR) of human rights in the United States by the Human
Rights Council (HRC) of the United Nations (UN). The current
report includes overview of IT system analysis, data-mining and case
studies. System analysis and data-mining show: Development and
implementation with no lawful authority, servers of unverified
identity, invalidity in implementation of electronic signatures,
authentication instruments and procedures, authorities and
permissions; discrimination in access against the public and
unrepresented (pro se) parties and in favor of attorneys; widespread
publication of invalid judicial records and dockets, leading to their
false representation and false enforcement. A series of case studies
documents the impacts on individuals' human rights, on banking
regulation, and on international matters. Significance is discussed in
the context of various media and expert reports, which opine
unprecedented corruption of the US justice system today, and which
question, whether the US Constitution was in fact suspended. Similar
findings were previously reported in IT systems of the State of
California and the State of Israel, which were incorporated, subject to
professional HRC staff review, into the UN UPR reports (2010 and
2013). Solutions are proposed, based on the principles of publicity of
the law and the separation of power: Reliance on US IT and legal
experts under accountability to the legislative branch, enhancing
transparency, ongoing vigilance by human rights and internet
activists. IT experts should assume more prominent civic duties in the
safeguard of civil society in our era.
Abstract: In Capitalism all economic activity rests upon a set of
core institutional foundations, main from which are privately owned
capital assets and profit. How these core institutional foundations are
working in former soviet countries, in particular in Travel and
Tourism Industry of Georgia?
The role of Travel and Tourism as a key pillar of economic growth
is being increasingly recognized by governments in all regions of the
world. For the last few years Georgia succeeded in the World Bank
and IFC “Doing Business” rankings. Despite of that, during decades
totally different statistical data of the tourism sector were provided by
the different State bodies; economic parameters were published few,
or not published at all.
The frequency and extent of property rights violation in Georgia
has repeatedly been the subject of concern for the last decade. Total
value of abrogated by the former Georgian Government private
property is estimated approximately in US$4-5 billion.
Thus, if economic profitability is unknown and property rights are
not protected – that means that the main institutional foundations of
capitalism in Georgia, are not working properly yet, that cause
management problems at all levels of the national Travel and
Tourism industry of Georgia.
Abstract: The copyrights system is a combination of different elements. The number, content and the correlation of these elements are different for different legal orders. The models of copyrights systems display this system in terms of the interaction of economic and author's moral rights. Monistic and dualistic models are the most popular ones. The article deals with different points of view on the monism and dualism in copyright system. A specific model of the copyright in Switzerland in the XXth century is analyzed. The evolution of a French dualistic model of copyright is shown. The author believes that one should talk not about one, but rather about a number of dualism forms of copyright system.
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.
Abstract: The author examines modern problems of Russian sport legislation and whether it need to be changed in order to allow all sportsmen to participate, train and have another sportsmen’s rights as Russian law mandates. The article provides an overview of Russian sport legislation problems, provides examples of foreign countries. In addition, the author suggests solutions for existing legal problems.
Abstract: The problems of trafficking human beings were continuously violent in Thailand. The problems occurred from a variety of factors such as unemployment, agricultural workers’ urban immigration, sex tour, attitude of materialism society, divorced family, unsavourily effected law, and officers’ ignorance. The purposes of this study were to study the structure, connection, a number of trafficking human beings in Thailand. Qualitative and quantitative and results of previous research were used in this research. The previous procurers, interested persons, experienced people, human beings-aiding organization, and women-children rights organization were interviewed in depth. The field was used in a variety of regions. The findings showed that the structure and connection of trafficking human beings and their values are $8,750 million. There are 240,000 people in trafficked human beings. The trend of trafficking human beings grows continuously. It is changed according to economic circumstance, society and culture, and law. The state must be aware of its problem. The law is enacted by adding high penalty for serious fear.
Abstract: In history, the relationship between Turks and Armenians was started when Turks entered Anatolia. Before, Armenian people lived in dominion of Persians, Macedonians, Selefkits, Romans, Sasanis, Byzantinians and Arabs. After Turks had entered Anatolia, Armenian people lived together with the people in the Ottoman Empire, and these two people’s living together made Armenians gain citizens’ rights in this empire. Armenian people were excused from the military services and some taxes. They got opportunities to promote in trade, craft, farming and administrative affairs. Firstly, the Ottoman Empire met with opera in 1720s via the embassy, and so with the help of Armenian artists, opera was introduced and developed. In this study, the development of terms related to the opera arts in the Ottoman Empire and the importance of Bosco and Naum theatres and the help and contributions of Armenian artists will be analyzed.
Abstract: Political blogs are one of the pivotal alternative communication channels for political news in Malaysia. Many have argued that the mushrooming of political blogs nurtures the effective realization of human rights in the country. The paper studies the ‘Malaysian political blog readers–human rights’ relationship by exploring these questions: Has traditional mainstream media become obsolete with the rise of political blogosphere? Why do blog readers visit political blogs? A survey was conducted and the findings revealed that traditional mainstream media is still a pertinent source for political news in the country. Apart from acquiring the latest political updates quickly and at anytime, blog readers compare the news published in political blogs with the ones reported in traditional mainstream media. This suggests that freedom of information is deemed as one of the prime motives for Malaysian blog readers clinging to political blogosphere.
Abstract: Corporate ownership structure is an important factor influencing firm performance. This study aims to answer the question whether pyramid structure has negative effect on firm value. This study is important because the ownership of public listed companies in Malaysia is highly concentrated. The concentrated ownership such as Malaysia, agency conflict is prevalent between controlling shareholders and minority shareholders. Accordingly, the dominant role of shareholders in firms allows the controlling shareholders (including managers) to expropriate the interest of the minority shareholders for their own private advantage. This research is conducted on pyramidal firms in Malaysia. Applying the Attig Model as the underlying statistical test, it is found that firm value is negatively related to pyramid ownership of Malaysian public listed firms due to the mismatch between cash flow rights and control rights. Future research needs to focus on identifying the heterogeneous factors that improve the generalizability of research.
Abstract: Throughout its history, Capital has established a decisive form of discrimination that has effectively strengthened its power against Labor: discrimination between an endogenous labor force (integrated, with certain guarantees and rights in the capitalist nexus) and an exogenous labor force (yet to be incorporated or incorporated as ‘heterochthonous’, without such guarantees and rights). We refer to the historical incorporation of the exogenous population from the non-capitalist to the capitalist nexus (with the consequent replaceability of the endogenous labor force) as absolute mobility.
The more possibilities Capital has of accessing a population in the non-capitalist nexus and of being able to incorporate it through absolute mobility into the capitalist nexus, the greater its unilaterality or class domination. In contrast, when these possibilities run dry, Capital is more inclined towards reformism or negotiation.
However, this absolute mobility has historically been combined with relative mobility of the labor force, which includes various processes of which labor force migration is a fundamental component.
This paper holds that both types of mobility are at the core of class struggles.
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: 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