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2014

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The Problems Of Expert Witness In Criminal Law, Rafiqa Qurrata A'Yun Dec 2014

The Problems Of Expert Witness In Criminal Law, Rafiqa Qurrata A'Yun

Indonesia Law Review

The expert testimony is a potential problem in the future due to the impact of the advancement of science and technology. These progressions have an impact on the quality of the crime methods, thus it must be balanced with improving the quality and method of evidence evaluation that requires knowledge and expertise. This paper examines the place of expert witness to be considered as one of the evidence in criminal case investigation and criminal court. I argue that expert qualifications should be determined based on formal education, professional experiences, and the relevance of his expertise with the case. The Criminal …

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Book Review The Leiden Legacy: Concepts Of Law In Indonesia, M. Yahdi Salampessy Dec 2014

Book Review The Leiden Legacy: Concepts Of Law In Indonesia, M. Yahdi Salampessy

Indonesia Law Review

The Indonesian civil law system is often taken for granted, when it is actually a product of “institutional transplantation” and inherited from the Dutch Colonization. Long before the arrival of colonial powers in Indonesia several centuries ago, many local communities had operated within their self-regulating systems with multiple political entities. When colonization came to power, however, there was a massive shift from judge-made law to a centralized statute-based legal system imposed by the colonial order.

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A Study On Marine Accident Causation Models Employed By Marine Casualty Investigators, Fatoumatta Cassama Dec 2014

A Study On Marine Accident Causation Models Employed By Marine Casualty Investigators, Fatoumatta Cassama

World Maritime University Dissertations

This research highlights relevant issues related to marine casualties and presents an overview on casualty investigation, a review of marine accidents, the regulatory framework on marine casualty investigations, a brief discussion on system’s design complexity and coupling characteristics, accident causation models used in casualty analysis and the marine accident investigation organizations. The principal objective of the study was to identify and evaluate marine casualty investigators’ endeavors of determining causes of a marine accident with the help of accident causation models or investigation procedures involving accident causation models. The study therefore focuses on the marine accident causation models one could utilize …

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A Critical Analysis Of Integrated Coastal And Ocean Management In Bangladesh With Lessons From Global Practices, Syed Mamtajul Islam Dec 2014

A Critical Analysis Of Integrated Coastal And Ocean Management In Bangladesh With Lessons From Global Practices, Syed Mamtajul Islam

World Maritime University Dissertations

The coast of Bangladesh is highly dynamic, unique and diverse, the south-western part of which hosts the world’s largest single mangrove forest; the south-central part receives the world’s second largest river system (Ganges-Brahmaputra-Meghna system), contributing to form the world’s largest delta in Bangladesh; and the south-eastern part provides room for major industrial and economic activities such as ports and shipping, ship recycling (2nd in global ranking), ship building, fisheries and tourism (Beaches in Cox’s Bazar – the world’s longest). The earlier land-side coastal management initiatives, which totally ignore ocean issues, have failed to bring a remarkable outcome mainly due to …

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Major Challenges And Solutions For Utilizing Big Data In The Maritime Industry, Sadaharu Koga Dec 2014

Major Challenges And Solutions For Utilizing Big Data In The Maritime Industry, Sadaharu Koga

World Maritime University Dissertations

The dissertation is a study of big data for the use in the maritime industry. Today’s society is information-intensive. The term “big data” is becoming more common. In fact, some maritime companies and institutions have already been trying to utilize big data for enhancing maritime safety and environmental protection. In order to promote this trend, the dissertation tries to identify common and important challenges for the whole maritime industry in terms of the utilization of big data and propose corresponding solutions. First, by reviewing the definitions of big data, three major features are identified. Big data takes electronic form, is …

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Completion Of The Restructuring Of China's Coast Guard Administration : Challenges And Opportunities, Wang Haozhe Dec 2014

Completion Of The Restructuring Of China's Coast Guard Administration : Challenges And Opportunities, Wang Haozhe

World Maritime University Dissertations

The dissertation is a study of the restructuring activities of entities of China’s maritime law enforcement by focusing on the establishment of China’s Coast Guard Administration. Because China’s Coast Guard Administration was just established two years ago, the aim of this dissertation is to analyse the current situation of China’s Coast Guard Administration, and then identify and analyse challenges and opportunities in China’s Coast Guard Administration. In order to provide a comprehensive cognition of the reasons for establishing China’s Coast Guard Administration, the dissertation initially provides a brief explanation of the drawbacks of the past situation of entities of maritime …

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Strategies For Improving The Competitiveness Of The Korean Shipbuilding Industry : Case Study Of Hyundai Heavy Industries, Lee Hyun Dec 2014

Strategies For Improving The Competitiveness Of The Korean Shipbuilding Industry : Case Study Of Hyundai Heavy Industries, Lee Hyun

World Maritime University Dissertations

Although external factors affect companies, companies need solutions to survive and sustain growth. However, the financial crisis of 2008 affected the Korean shipbuilding industry and companies recorded poor financial results. To solve this problem and increase the competitiveness of the Korean shipbuilding industry, it is necessary to find stabilizing suggestions and promising markets to diversify into. Therefore, this research is aimed at proposing suggestions for problem solving and new market development. To deeply look into this situation, a case study of a particular company will be undertaken. The target company is Hyundai Heavy Industries and its competitors are Samsung Heavy …

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Vessel Traffic Service As A Maritime Security Tool : Vessel Traffic Management Information Systems (Vtmis) In Ghana, Joseph Akwasi Kuma Dec 2014

Vessel Traffic Service As A Maritime Security Tool : Vessel Traffic Management Information Systems (Vtmis) In Ghana, Joseph Akwasi Kuma

World Maritime University Dissertations

The dissertation is an assessment of the role of the VTMIS in enhancing efforts to bring down maritime security in the threats in the Gulf of Guinea in West Africa focusing on Ghana. According to the International Maritime Organisation (IMO), Vessel Traffic Service (VTS) is implemented by a Competent Authority to improve the safety and efficiency of vessel traffic and to protect the environment. Technological development today has led to significant improvements in vessel traffic service. Vessel Traffic Management Information Service is the integration of Management information systems to improve the quality of vessel traffic services. Vessel traffic services essentially …

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Managing Optimum Workload Through Terminal Appointment System (Tas) : Case Of Jakarta International Container Terminal, Usman Saroni Dec 2014

Managing Optimum Workload Through Terminal Appointment System (Tas) : Case Of Jakarta International Container Terminal, Usman Saroni

World Maritime University Dissertations

The Dissertation is a study of optimizing terminal through Terminal Appointment System (TAS), comparing the impact of unscheduled truck arrival with regulated truck arrival to the optimization process. A brief look is taken at present growth in container business. The rapid growth of world container trade, especially in Asia brings economic potentials for the countries and also challenges for container terminals. Capacity limitation in accommodating the trade growth forces the terminal to optimize their existing equipment and facilities. The evaluation of the existing performance of each component of the terminal operation, covering quay, yard and gate operation, is a starting …

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Traceable And Transparent Fishing In The Indian Ocean Addressing Iuu, Ghazi Salahuddin Dec 2014

Traceable And Transparent Fishing In The Indian Ocean Addressing Iuu, Ghazi Salahuddin

World Maritime University Dissertations

Traceability and transparency in fishing and the trade of fish products has been brought to the forefront of the international fisheries policy agenda and is recognized as a core issue. Governments have awakened to the fact that IUU (illegal, unreported and unregulated) fishing has global impacts on the social, economic and ecological aspects of fisheries and therefore requires regional collaboration to combat this global issue. Developing countries severely suffer from the effects of IUU, particularly within their exclusive economic zones (EEZ) due to lack of resources and infrastructure to properly manage waters under their jurisdiction and in remote areas where …

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A Study On The Reasons For Sharp Decline On The Baltic Exchange Dry Index In 2008, Sung Man Jung Dec 2014

A Study On The Reasons For Sharp Decline On The Baltic Exchange Dry Index In 2008, Sung Man Jung

World Maritime University Dissertations

This dissertation starts from the decline of the Baltic Dry Index (BDI) of the Baltic Exchange in 2008 from 11,793 point to 663 point, which decreased by 94% from the peak within 7 months. To detect the reasons for the sharp decline of BDI, this dissertation has focused on the direction of research into demand and supply on shipping industry. All variables related with demand on shipping are divided into two groups - sea borne trade volume variables and the physical commodity price variables, ship dead weight tonnage (DWT) was selected as a supply variable, and Net Futures Position and …

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The Legal Aspect Relating To The Offer Of Port Service Business By State Owned Companies Outside The Territory Indonesia, Adi Nurcahya Dec 2014

The Legal Aspect Relating To The Offer Of Port Service Business By State Owned Companies Outside The Territory Indonesia, Adi Nurcahya

World Maritime University Dissertations

This dissertation describes the legal aspect that may involve the strategic plan of a state-owned company that have a core business in port services in Indonesia to deliver port services outside the territory Indonesia. Furthermore, this dissertation have 3 (three) main concern, regarding: the legal aspects that considered by stateowned company; the mechanism of port business operated in the different jurisdictions of law; and the suitable schemes for state-owned company to expand port business overseas. To response above concern, this dissertation used both normative and comparative method to examine the legal aspects of state-owned company in Indonesia to conduct port …

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Assessment Of Quality Of Training And Education Of Seafarers In South Africa And Ghana, Mafemani Tiyisa Henry Maringa Dec 2014

Assessment Of Quality Of Training And Education Of Seafarers In South Africa And Ghana, Mafemani Tiyisa Henry Maringa

World Maritime University Dissertations

Attaining quality in maritime education and training is very crucial for effective maritime development. Quality MET has therefore become an imperative for countries wishing to effectively develop their maritime sectors. This dissertation sought to assess the quality of maritime education and training from the perspectives of seafarers in Africa, with specific reference to South Africa and Ghana. Participants for the study included maritime administrators, MET lecturers, and seafarers, in both Ghana and South Africa, who were selected using the purposive sampling method. The qualitative research method was employed to investigate the objectives of the study. The findings of the study …

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The Relevance Of Maritime Education And Training At The Secondary Level, Simone Britanna Cunningham Dec 2014

The Relevance Of Maritime Education And Training At The Secondary Level, Simone Britanna Cunningham

World Maritime University Dissertations

The relevance of MET at the secondary level has been found to be necessary to increase awareness as well as to mitigate the trends and challenges influenced by the philosophical and sociological changes experienced in society and the Maritime Industry. Firstly, this study examines the purpose of secondary education, the secondary curriculum; factors that may require MET at the secondary level as well as the effectiveness of early awareness of maritime concepts to youth ages 11-18 years. Secondly, a mixed method approach was applied in collecting and analysing data through survey and interviews. Considering the objectives of the study the …

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Effects Of The Standards Of Training, Certification And Watchkeeping For Seafarers (Stcw) 78 Convention, As Amended, On Kenya's Maritime Education And Training (Met), Michelle Hellena Wanga Dec 2014

Effects Of The Standards Of Training, Certification And Watchkeeping For Seafarers (Stcw) 78 Convention, As Amended, On Kenya's Maritime Education And Training (Met), Michelle Hellena Wanga

World Maritime University Dissertations

The dissertation is a study of the effects of the STCW 78, as amended, on Kenya’s MET. In this regard, it takes into consideration the recent requirements of the 2010 Manila amendments to the said Convention, and the set International Maritime Organization (IMO) deadline for Governments to comply with the mentioned provisions. Sequentially, the work examines the effects of the Convention, as amended, on Kenya’s Maritime Education and Training (MET) by initially exploring the historical and contemporary status of the country’s MET. Furthermore, it delivers a comparative analysis of Kenya’s strategies in the execution of the STCW 78, as amended, …

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A Study On The Effects Of E-Navigation On Reducing Vessel Accidents, Sun-Bae Hong Dec 2014

A Study On The Effects Of E-Navigation On Reducing Vessel Accidents, Sun-Bae Hong

World Maritime University Dissertations

The dissertation aims to evaluate how and to what extent e-navigation contributes to reducing accidents for SOLAS ships as well as non-SOLAS ships, hoping that the results are referred to IMO Member States when they are implementing enavigation along with the maritime sectors such as shipping companies, crews on board ships and manufactures developing e-navigation related systems. The study focuses on the potential effects of e-navigation based on tool kits of the IMO e-navigation for SOLAS ships and services of SMART-navigation, which is the Korean approach to implementing the e-navigation concept for both SOLAS ships and non-SOLAS ships. The processes …

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Relationship Between Maritime Logistics Performance And International Trade Competitiveness : A Case Study Of Nigeria In Central West African Cluster Of Countries, Victor Isioma Onyemejor Dec 2014

Relationship Between Maritime Logistics Performance And International Trade Competitiveness : A Case Study Of Nigeria In Central West African Cluster Of Countries, Victor Isioma Onyemejor

World Maritime University Dissertations

This dissertation examines the relationship between logistics performance and international trade competitiveness. It aims to identify the challenges of logistics performance in Nigeria and analyse their effects on international trade competitiveness. The study also seeks to identify possible solutions for improving logistics performance for better competitiveness in foreign trade. The study takes a trend and comparative analysis approach to providing answers to the research questions and analyses quantitative and qualitative data, balancing established statistical data with expert opinions from a survey administered to 100 personnel actively involved with logistics and trade. The outcome of the survey showed that logistics performance …

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Fair Weight : Empowering Member States Through Goal-Based Voting Weight For Effective Implementation Of Imo Instruments, Ashish Wankhede Dec 2014

Fair Weight : Empowering Member States Through Goal-Based Voting Weight For Effective Implementation Of Imo Instruments, Ashish Wankhede

World Maritime University Dissertations

This dissertation is an endeavour to introduce the concept of ‘‘Fair Weight’’ defined as a goal-based voting weight that would empower Member States to ensure effective implementation of IMO instruments. The evolution of IMO as an international organization for maritime related matters shall be studied to understand the existing decision making process of IMO instruments. In addition, the dimensions of voting weights utilized for equality of representation in the decision making process of IMO shall be studied. Furthermore, the impact of the tacit acceptance procedure and open registry on these dimensions of voting weights shall be evaluated to understand the …

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A Legal Analysis On The Implementation And Enforcement Of Fishery Laws Of The Coastal State In Its Exclusive Economic Zone : A Philippine Perspective, Fatima Aleli Angeles Dec 2014

A Legal Analysis On The Implementation And Enforcement Of Fishery Laws Of The Coastal State In Its Exclusive Economic Zone : A Philippine Perspective, Fatima Aleli Angeles

World Maritime University Dissertations

This dissertation scrutinizes the extent of the rights that the Philippines as a coastal State has with regards to the implementation and enforcement of fishery laws in its Exclusive Economic Zone (EEZ). By examining how the right to engage in fishing and the concept of EEZ emerged, as well as laying down the fishery rights of the States in the different maritime zones, this research was able to establish the legal regime involving the fishery laws implementation and enforcement in the EEZ. Thereafter, various States practices were probed to determine the trend of implementation and enforcement of fishery laws in …

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The Implications Of The Implementation Of Part Iii Of The United Nations Convention On The Law Of The Sea (Unclos) 1982 To The Safety Of Navigation And Marine Environmental Protection In The Straits Used For International Navigation : The Review Of Policy And Cooperation, And Future Direction Of The Cooperative Mechanism In The Straits Of Malacca And Singapore, Nanditya Darma Wardhana Dec 2014

The Implications Of The Implementation Of Part Iii Of The United Nations Convention On The Law Of The Sea (Unclos) 1982 To The Safety Of Navigation And Marine Environmental Protection In The Straits Used For International Navigation : The Review Of Policy And Cooperation, And Future Direction Of The Cooperative Mechanism In The Straits Of Malacca And Singapore, Nanditya Darma Wardhana

World Maritime University Dissertations

Due to the development of the international trade, the shipping industry has become one of the prime methods of carrying commodities. Commodities are usually shipped through the main international routes, including the main international straits, which are usually used for international navigation. To regulate the rights and obligations between the littoral States and user States in the international Straits, UNCLOS 1982 adopted provisions, which are related to the Straits Used for International Navigation regime. The Straits of Malacca and Singapore are part of this regime. To enhance the safety of navigation and marine environmental protection in the Straits of Malacca …

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Revealing Originality Of Song Works: An Analysis To The Copyright Law, Desrezka Gunti Larasati Dec 2014

Revealing Originality Of Song Works: An Analysis To The Copyright Law, Desrezka Gunti Larasati

Indonesia Law Review

The topic of this paper is to describe the defining criteria of originality of song works. The aspect of originality is important to make such work be protected by Copyright Law. In this research, the criteria to define originality are based on certain doctrines and/or theories of originality that may vary case by case. The use of such doctrines and/or theories are necessary, since the stipulations regarding originality in the Indonesian Copyright Act has not been considered suffice. With regard to the song works, the criteria of originality may be different from other works. Therefore, a comprehensive research on the …

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Investigator Issue In Financial Service Crime In Indonesia, Wahyu Wiriadinata Mr. Dec 2014

Investigator Issue In Financial Service Crime In Indonesia, Wahyu Wiriadinata Mr.

Indonesia Law Review

The objective of this paper is to address a question of the effectiveness of Financial Service Authority (Otoritas Jasa Keuangan - OJK) investigators in eradicating financial service crimes in Indonesia. This question arises because in Law on Financial Service Authority there are OJK’s investigators with an investigatory authority on OJK crimes, including, banking, capital market, insurance, pension fund, financing institutions, and other financial service institution sectors. Meanwhile, there have been other investigators with an authority to investigate, namely, public prosecutor, police, and KPK (Indonesia’s corruption eradicating commission). The theoretical framework of this paper was grounded in the thoughts of Aristotle, …

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Communal Land Rights Of Malay People In North Sumatera: Power, State And Deulayatisasi, Edy Ikhsan Dec 2014

Communal Land Rights Of Malay People In North Sumatera: Power, State And Deulayatisasi, Edy Ikhsan

Indonesia Law Review

This article aims to unravel a shift of control / ownership of communal land of the Malays of Deli in North Sumatra. The commonly well-known communal lands, before the arrival of the Dutch colonial, was still inherent with the authorities of villages and was evolutionarily taken over by the foreign planters through concessionary contracts, which were dully signed by the Sultanate of Deli and the said foreign planters. The Indonesian independence in 1945 and the period that went beyond had in fact not contributed any improvement of the situation and instead it had exacerbated social and legal relations between the …

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Properties Of Boards Made From Rice Husk And Portland Cement As Binders And Reinforced With Sisal Fibres, Alex Mrema Dec 2014

Properties Of Boards Made From Rice Husk And Portland Cement As Binders And Reinforced With Sisal Fibres, Alex Mrema

Tanzania Journal of Engineering and Technology (TJET)

A research study demonstrated that rice husks can be used to manufacture boards which can be used in low cost housing if bound by Portland limestone cement (CEM II/A-L/ 32.5R) and reinforced with sisal fibers to cater for their brittle behavior and that such boards can provide a substitute for wood panels. Boards made of rice husks and cement in the ratios of 1/3.3, 1/ 3.6 and 1/4 and with sisal fiber reinforcement contents of 0%, 0.4%, 0.5% and 0.8% were prepared and tested for their physical and mechanical properties. The results were compared with standard requirements for boards made …

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Table Of Contents Dec 2014

Table Of Contents

Louisiana Law Review

No abstract provided.

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Masthead Dec 2014

Masthead

Louisiana Law Review

No abstract provided.

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Awards Dec 2014

Awards

Louisiana Law Review

No abstract provided.

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The Perma Project Dec 2014

The Perma Project

Louisiana Law Review

No abstract provided.

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Symposium Panelist Transcripts Dec 2014

Symposium Panelist Transcripts

Louisiana Law Review

No abstract provided.

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Centripetal Forces: Multidistrict Litigation And Its Parts, Catherine R. Borden, Emery G. Lee Iii, Margaret S. Williams Dec 2014

Centripetal Forces: Multidistrict Litigation And Its Parts, Catherine R. Borden, Emery G. Lee Iii, Margaret S. Williams

Louisiana Law Review

The article focuses on various issues related to multidistrict litigation (MDL). Topics discussed include the regulation of MDL proceedings under the Multidistrict Litigation Act of 1968, the role of the U.S. lawyers in centralized proceedings of tag-along cases, and the role of panel of judges in adjudicating MDL.

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