Showing papers in "Journal of Programming Languages in 2008"

Clients’ Perspectives of Risk Management Practice in Malaysian Construction Industry

Abstract: This research is focuses on the practice of risk management (RM) in Client’s organization and aims to identify the level of awareness among construction professionals towards risk management and to examine the policy undertaken when dealing with risks in a construction project. Apart from that, it also aims to identify the problems and challenges for the implementation of risk management in Klang Valley, Malaysia. Questionnaire survey and interviews were carried out in order to obtain a better view on the implementation of risk management in the Malaysian construction industry. It was found that construction professional especially those who are working in client’s organisation are slowly accepting risk management as a management tool that will help in managing a construction project effectively and successfully. Based on the findings of the questionnaires and interviews there are a number of construction professionals who know about risk management and who have attended training and some of them have even practice risk management in their organizations. At least, it has been proven that there are organizations that have implemented risk management in their operations although this is only on a small scale. It can be concluded that risk management still has a long way to go in order to be accepted and recognized in the Malaysian construction industry.

Africa Debt Crisis and the IMF with a Case of Nigeria: towards Theoretical Explanations

Abstract: This paper, attempts to employ and apply the dependency and liberal economic theories in order to demonstrate how these two theories help in the accurate analysis and explanations of the debt crisis in the developing countries, particularly Africa and especially Nigeria. In doing this, the paper considers very briefly some of the actions and policies of IMF and other IFIs, the administrations of some Nigeria leaders and the undertakings/trend of events during the implementations of the Structural Adjustment Programme in Nigeria. It also reflects some of the activities in other countries in Africa relevant to the analysis. The paper concludes that the IMF, World Bank and the West should be blamed for collaborating with some Nigeria leaders in making the country indebted. And that the Nigerian masses needed reparation for the losses, pains and sufferings they have passed through because of IMF’s SAP.

Secession Right – an Anti-Federal Principle? Comparative Study of Federal States and the EU

Abstract: This article argues that the secession right is incompatible with federalism. The right of secession is one of the main criteria to differentiate a federal state from a confederation and a Bund. There are only a few federal states that recognised the secession right in their constitutions and they failed. On the other hand, there are even confederations which did not accept a secession right in their treaties. The issue of secession has always been very controversial in the European Union, which is a Bund (federal polity), but its Treaties never included it. The radical change is the introduction of Art. I-60 in the Treaty Establishing a Constitution for Europe (“Reform Treaty” now), which might give a new face to the EU if ever it is ratified.

Risk Management Assessment for Partnering Projects in the Malaysian Construction Industry

Abstract: The Partnering concept is not a new way of doing business. The partnering process establishes the working relationship among the parties (stakeholders) through a mutually-developed, formal strategy of commitment and communication. It attempts to create an environment where trust and teamwork prevent disputes, co-operative bonds are fostered for everyone’s benefit and the completion of successful project is facilitated. The Construction industry in Malaysia is suffering constraints in the processes of construction procurement. Thus, partnering is used as an approach in procurement that could lead toward improving performance of the construction industry in Malaysia. Organizations which have used partnering for construction projects are now reporting favourable results, which include the decreased costs, quality improvement and delivery of project to programme. Partnering has reached many benefits in terms of project cost, time quality, build ability and etc. Despite the benefits in applying the partnering procurement method, there remains risks associated with this mode of construction. From the literature review it was found that the risk management process and partnering are critical to the success of the project. A questionnaire survey was conducted on the sample in order to examine the criticality of risk factors and to identify the effectiveness of risk mitigation measures applied in partnering. The opinions and techniques of risk mitigation were gathered through. It was found that the most critical construction partnering risk is the partner’s financial resources, clients’ problems and economic conditions and financial problems among one of the partner. It is hope that the risk management programme will help to reduce the risks in the construction project in Malaysia.

Primetime Patriotism: News Media and the Securitization of Iraq

Abstract: Predicated on a revision of the particular criteria for success, this article contends that the Iraq War was an example of successful securitization. It examines the role of the US news media in supporting the government’s push for war in the context of heightened national feeling and patriotism after the events of 9/11.

Hannah Arendt and Human Dignity: Theoretical Foundations and Constitutional Protection of Human Rights

Abstract: This article considers how Hannah Arendt’s understanding of human dignity comes to terms with two of the most significant controversies in contemporary human rights discourse, while also providing a sound basis for the application of the term. By focusing on the right to membership in a political community, Arendt’s understanding of human dignity realizes the importance of maintaining the tension in the dichotomy present in two controversies: universalism and cultural specificity; natural law and positive law. The practicality of Arendt’s approach will be demonstrated thought a review of a number of domestic and international human rights instruments with specific focus on the Canadian Charter of Rights and Freedoms, which thus far have failed to provide a universally accepted definition of the term.

Human Security or National Security: the Problems and Prospects of the Norm of Human Security

Abstract: The emergence of the norm of human security prioritizes individuals’ security over national security and conceptualizes poverty as the real threat to the security of individuals. Therefore, it urges for more attention to sustainable development as the functional strategy to ensure human security. However, in its way to ensure human security, the norm underrates national security and overlooks the role of the state in providing for human security. Consequently, the application of the norm of human security suffers from adequate support from the powerful states who are the most potential providers. To improve the efficiency of the norm of human security, it is necessary to include all states along with the non-state actors by reconciling human security with national security.

Neo-Liberal Constitutionalism: Ideology, Government and the Rule of Law

Abstract: This article explores the centrality of constitutionalism and the rule of law in neo-liberal ideology. It argues that neo-liberalism is not simply a one-dimensional set of economic ideas directed at promoting the free market, but is an ideology with broader political dimensions. At the core of neo-liberalism is a serious doctrine about politics and the proper role of government. Neo-liberals like F.A. Hayek, Milton Friedman and James Buchanan recognised that in order to have a functioning market order, a corresponding political order is a vital corollary. However, the article points out that a number of contradictions and tensions sit at the heart of the neo-liberal conception of politics: those that exist between freedom and the state, liberty and democracy, and law and legislation. The article suggests that one of the most daunting tasks facing neo-liberal politicians and theorists in the twenty-first century will be to overcome the constitutional ‘ignorance’ of Western democracies and institute a framework of rules, conventions or procedures through which the powers of government can be adequately constrained.

The Relationship of Accountable Governance and Constitutional Implementation, with Reference to Africa

Abstract: This article offers a framework for analysing the interrelationships between democratic accountability and constitutional implementation with specific reference to sub-Saharan Africa. It opens by noting the subject’s importance and the contested meaning of key terms, before proceeding to elaborate the significance that constitutional implementation and accountability have for one another. The main purpose is to suggest an agenda lying at the interface between constitutional law and politics that is worthy of further research. The article argues there is considerable scope for analysts of law and politics to collaborate for the purpose of shedding light on many questions that cut across issues of both democratic accountability and constitutional implementation in Africa.

The Thinking Way of Confucianism and the Rule of Law

Abstract: Confucianism as the old ideology had been criticized for a long time from the official point of view in China; however, its core value is still influencing Chinese society. On the way towards road of the rule of law, Confucianism is considered playing the negative role. It is necessary to study the framework of Confucianism systematically so as to understand why the rule of law shows difference in between China and western world, and why Chinese would rather resolve disputes in Confucianism way than the rule of law. I will discuss the thinking way of Confucianism, analyze its core value and the relation between Confucianism and the rule of law, through which get to the conclusion that Confucianism value has the inclination to avoid the law.

The Problem with Defining Terrorism and the Impact on Civil Liberties – Britain is Beginning to Create a Monster with Large Claws, Sharp Teeth and a Fierce Temper?

Abstract: After the September 11th attacks on the World Trade Centre in 2001, the United States reacted by enacting legislation, that was hoped would fight terrorism. The events of September 11 not only caused great distress and shock to many people but the reverberations across the world caused panic. The threat of terrorism has mainly come from small groups of people regarded as “extremists” or “fanatics” pursuing political, ideological and social goals. Few of us will forget the horrific pictures of the Twin Towers collapsing amidst the dust and carnage or the grotesque television images and telephone conversations on board the doomed aircraft. So began ‘The war on terror’ and the challenge for western democracy who now have the unenviable responsibility to safeguard national security and liberty. It does appear that counter terror policy has become instinctive and not well though out. This article will examine the changes faced by the new Terrorism Act with the notion of civil liberties and innocence.

Legal Framework on Risk Management for Design Works in Malaysia

Abstract: The construction industry is subject to more risks and uncertainties than many other industries. Construction projects are associated with various aspects of risks, be it risks associated at the feasibility stage, design stage, construction stage and post construction stage. In order to complete the project successfully, the parties involved must be able to manage the risks associated with the project. Although the need and importance of risk management cannot be denied, the practice among the players in the construction industry does not reflect such urgency. There have been a number of cases which resulted in damages and losses, where such damages could have been avoided if proper risk management had been properly administered. In the event where risks still occurred, failure to exercise risk management policies will result in no protection available for the parties. The standard of risk management among the parties involved in a construction project in Malaysia differs from one company to another. This is due to various factors such as a company’s resources for risk management, types and size of the projects and so on. As such there is a need to standardize the practice of risk management among the parties involved to secure the safety and performance of the project. This can be achieved through legal measures, where certain requirements on risk management can be imposed to ensure that the least required practice of risk management is exercised. This is in line with the nature of the law itself, namely to address public safety, security, clarity, flexibility, transparency and adaptability. This paper is meant to look at the risks associated with the design works under the traditional procurement route in Malaysia and the need for the Malaysian law to come up with a framework in ensuring the practice of standard risk management among the architects as lead designers under the traditional procurement system. Certain aspects need to be addressed, as Malaysian law seems to be inadequate in establishing the framework for risk management in relation to design works.

Retrenchment in Malaysia: Employer’s Right?

Abstract: There are several ways to put a contract of employment to an end. One of them is by way of retrenchment. Termination of employment by way of retrenchment may be relevant when the employer restructures his business. The focus of this article is to evaluate the application of the principle Last in First Out (LIFO) in the case of retrenchment in Malaysia. This article will also assess to what extent the courts defend the prerogative of the employer to retrench his employee in the case of redundancy.

Problems Existing in China's Hotel Service and Study on the Strategy from the Aspect of Customer Value

Abstract: This paper is aimed to probe into strategy of how to improve China's hotel service quality based upon the theory of customer's value. Firstly, the author makes the statement on basic connotations of theory of hotel customer's value. Secondly, the author points out problems existing in China's hotel service from the aspect of customer value. Finally, the author proposes of hotel service strategy based upon customer value.

The Rising Urban Poverty and Political Resentment in a Transitional China: The Experience of Shanghai

Abstract: Despite China’s economic achievements in the last two decades, the market reforms have also brought about a widening income gap, reduction in social welfare, and rising unemployment. These factors are responsible for the emergence of a large number of urban poor, primarily composed of laid-off workers, unemployment persons, retired labours and urban migrants. As a marginal group, they suffer from economic inadequacy as well as violation of civil rights. Consequently, the urban poor raise a heightened anger with the negative result of the accelerated institutional transition and government’s inability to respond to social problems. Thus conceived, this paper will attempt to (1) analyze the changing mechanisms for the new urban poverty stratum in China; (2) examine the effect of urban poverty on political protest and social upheavals; (3) examine the current policies and its deficits.

Ad Baculum, Islamic State and Malaysian Chinese Politics: A Rhetorical Study of Selected Political Advertisements in the Local Chinese Media during the 11th Malaysian General Election Campaign

Abstract: This study analyzes the rhetorical strategy of using the emotion of fear as a political tool in the 11th Malaysia General Election campaign. The three-prong objectives of this study are to analyze the main themes and issues used to address this tactic of fear, the general perceptions that non-Moslems in Malaysia have of the concept of Islamic state as a symbol of fear and rhetorical strategies used to provoke this fear. The scope of the study is confined to the conventional communication model of “Source-Message-Channel-Receiver”. The “sources” are political advertisements, the “messages” are Islamic state theme and related issues, the “channels” are symbols or rhetorical strategies and the “receivers” are the voters, with special reference to Malaysian Chinese voters. The findings concluded that the National Front party (Barisan National, BN) used the fear factor effectively in its campaign. This situation is further enhanced by the strong control of BN over the Malaysian media in addition to the character of Chinese voters who generally prefer not to leave their current comfort zone and are afraid of an Islamic state.

Dynamic Positioning for Survival in Political Marketing Warfare Mugabe’s Manoeuvrings out of Crises in Zimbabwe

Abstract: Zimbabwe became independent in 1980 after nearly a century of British colonial settler rule but soon deteriorated into chaos, repression and economic dilapidation under the leadership of Robert Mugabe. Mugabe engineered a major constitutional amendment that saw him amass absolute power by creating an executive presidency as head of state in 1987. The opposition was tortured and stifled through outwitting and outmanoeuvring them and the ordinary people were intimidated and lived in fear. Despite the many crises faced, Robert Mugabe and Zanu PF continue to extend life in government and maintain a reasonable control of the country. This paper concludes that topmost on the reasons for survival through crises is Mugabe’s ingenuity in political marketing warfare and dynamic positioning of the party in accordance with the appealing themes and its systematic destruction of the opposition through a variety of tools, among them torture, blackmailing, propaganda and through instilling fear into the voters, creation of pseudo political parties, repressive constitutional amendments to ensure supreme power and dominance.

The Darfur Situation and The ICC: An Appraisal

Abstract: On 31 March 2005, the Security Council adopted Resolution 1593 referring the situation in Darfur, Sudan, to the Prosecutor of the International Criminal Court (ICC). In accordance with the Rome Statute, the Prosecutor commenced his investigation and presented evidence to Pre Trial Chamber I (PTC I), implicating two Sudanese men in the commission of crimes against humanity and war crimes in Darfur. Consequently, the Chamber has issued Warrants for their arrest. This chain of events has given rise to a number of jurisprudential issues which will be discussed here, namely, the legal significance of the referral by the Security Council to the ICC; the various grounds of jurisdiction of the ICC and personal responsibility for atrocities committed; the questions of admissibility complementarity, and double jeopardy.

Enforceability of Database Licensing Agreement: A Comparatives Study Between Malaysia and the United States of America

Abstract: Licensing agreement is one of the mechanisms to secure the interest of database producers. A breach of any contractual term in the agreement will entitle a database producer to a contractual remedy. As regards to contractual protection, there are two important issues to be addressed. First, the clauses in the licensing agreement, and secondly, the issue of enforceability of certain database agreement, such as shrink wrap or click wrap license. The second issue must be resolved before a database producer is able to implement the terms and conditions provided in the database licensing agreement. This is because it determines the validity of the contract. With a valid contract, the contractual terms may be used to protect the interest of the database producers. The unconscionability of the terms in the database licensing seems to be a major issue. This issue arises due to the fact that the contractual terms are not read by licensee upon the conclusion of agreement and the inequality of bargaining power exists. Asymmetrical or unfair terms will cause unfairness to database users who will be prevented through the principle of undue influence or the common law doctrine of unconscionability. Although no clear statutory provision has provided a solution to the problem, there are two ways of dealing with it. First, the database producer must ensure that he does not use his dominant position to exercise unconscionable dealings. Secondly, it is advisable to incorporate a term providing that the buyer or user has the opportunity to reject the contract if he disagrees with the terms. To ensure the interest of the database producers the agreement should provide notice as to the database’s terms of usage. This may form the basis of a breach of contract in the event that the stipulated terms are violated. A good contractual agreement is an agreement which protects the interest of both parties; i.e., the database producers and the users. To achieve that, both parties should come to a mutual agreement on the terms in the contract. The license should incorporate necessary provisions such as restrictions on use to protect the legitimate interest of the database producer. However licensees should also be given sufficient freedom to use the database content to meet their legitimate needs and should be prohibited from using the information in ways that would diminish the value of the database producer’s investment in the database.

WTO Agreement on Agriculture: A Developing Country Perspective

Abstract: This article critically assesses the extent to which the WTO takes into consideration the interests of developing nations, by reference to the Agreement on Agriculture.

After Election: Villagers' Participation and Collective Decision-Making-Collective Decision-making of China Rural Community in the New Context of Villagers’ Election and Self-governance

Abstract: This paper focuses on the collective decision-making process in the context of villagers’ election and self-governance in China rural community. Taking X village for example, after describing the process of decision-making, the interactions was discussed among some important factors, including the efficiency and effectiveness of decision-making, villagers' participations, the structure and function of village political institutions, decision-making mechanisms and counseling rules. According to the survey, collective decision-making can be divided into two types: administrative decision-making and participant decision-making. Participant decision-making process involves differentiated and conflicting interests, consciousness of interests, and extensive villagers’ participation. In the new context, the most important factor for collective decision-making is the building of a new balance mechanism-“negotiation and balance” counseling rule, in order to absorb and organize differentiated and conflicting interests.

On the Universal Value and the Socialist Democracy

Abstract: The universal value has become the focus of dispute among the common people and the thinking public This paper, taking understanding scientifically the nature of the universal value as the starting point, analyzes the dispute of capitalism and socialism on the universal value and has found the reason resulting in the situation And it further pointed out theoretically that the scientific way by which socialism wins the leading power is to establish the socialist democratic political system based on the proletarian universal value Then, the paper, combining the history and reality, makes a bold imagination and analysis on how the universal system of socialist democracy can be practiced in the socialist counties or other world and draws the final conclusion that the universal socialist democratic system will help the socialism triumph over capitalism

The Analysis on New China's Diplomatic Standpoint of the Basic Practical Principles

Abstract: New China’s diplomatic basic standpoint, namely, the new Chinese diplomacy has always been based on the Third World, this paper has analyzed the theoretical policy-basis why new China’s diplomacy based on the Third World and the basic principles that should be adhered to in diplomatic practice, and regarded that the new China’s diplomacy can be established in the Third World better, new China’s diplomacy will have more achievements in the Third World.

Bad Faith Lawsuit in America and Improvement of Chinese Insurance Law

Abstract: This article discusses the main differences in dealing with insurers’ bad faith under American and Chinese insurance law, and recommends Chinese Government introducing the American bad faith lawsuit to China. For this purpose, the nature, essence, and the general and specific requirements of bad faith lawsuit in America is firstly presented. Then, the article states how insurers’ bad faith in China is handled in accordance with the Chinese insurance law: remedy for breach of the contractual obligation, and public law sanction. Further, new practices of legislation, justice, administration, and self-discipline of the insurance industry for preventing and handling insurers’ bad faith in China, are also represented. Finally, through the analysis of jurisprudence and comparative law, the article analyzes the necessity of introducing American bad faith lawsuit into China, and the requirements of the legal reform for the introduction.

Voting Patterns: Evidence from the 2004 Malaysian General Elections

Abstract: This paper examines voters’ behavior and voting patterns as well as the factors influencing them using survey data of the electorate carried out in selected parliamentary and state constituencies during the 2004 Malaysian general elections. The findings from the study indicate that in the absence of major national issues, local issues pertaining to growing social problems such as urban poverty, inadequate housing, environmental degradation, petty crimes among youth, and drug abuse became more dominant. The issue of the establishment of an Islamic state also seemed to dominate the thinking of much of the non-Malay electorate and women.

On Protection and Restriction of Private Property Right

Abstract: The Real Right Law of the People’s Republic of China is the basic law for regulating and protecting the property rights. The Constitution, as the fundamental law, adjusts the property right relationship too. The protection from Constitution is the precondition and base for protecting property right. The Real Right Law is to fulfill the principle of Constitution that ensures citizen’s private property right. To protect the property right, Constitution mainly aims at defending the country against outside. Its basic function is to define the country activity. As for the Real Right Law, it is to protect the property right by defining the property in case of invasion of other civil subjects. Both Constitution and Real Right Law offer protection for private property right and also impose restrictions on private property right. That is the national requisition system. This system imposes strict restrictions to private property right. Therefore, it is necessary to set up firm restrictions and constraints on the requisition system. According to the legislation of other countries, we can restrict and constrain this system from three aspects, namely the intention of requisition, the complement standards, and the process, driving the government to realize lawful administration, and protecting the private property right properly.

Adversary System Experiment in Continental Europe: Several Lessons from the Italian Experience

Abstract: In order to promote efficiency and realize democracy ideal, Italy transplanted adversary system in 1988. Because of rampancy of organized crimes and compulsory prosecution system and material truth ideal, reformer’s effort was nibbled away by constitutional court of Italy. In 1999, the legislature of Italy amended Article 111 in Constitution which formed the constitutional basis of adversary system. Until now the reformers win. The Italian experience tells us: transplant of adversarial system is not only trial structure reform but reform of whole criminal procedure; in the course of internalizing the new system, a difficult repeated testing is the only way.

Africa and the Multilateral Trading Regime: Re-examining the “Market Access” Mantra

Abstract: Much has been written about sub-Saharan Africa and its inability to achieve economic development – a state of affairs often articulated by legal scholars in terms of its inability to realize the core elements of economic and social rights such as healthcare, food, housing, and basic education. Commentators and policy-makers are almost unanimous in blaming factors such as “inadequate” foreign aid, the debt burden, “unfair” multilateral trade rules and protectionism in Western markets. Although some are beginning to challenge the aid/debt hypothesis, the last two suppositions remain an article of faith – the overwhelming opinion being that existing multilateral trade rules and protectionism in Western markets represent the impediment to the region’s ability to “trade its way out of poverty.” This paper aims to add to the dissenting voices by arguing that the problem of protectionism has become so overemphasized that its proponents have, quite paradoxically, become the obstacle to the region’s prospects of ever achieving the aim of economic development as proclaimed under the Agreement Establishing the World Trade Organization and indeed, under the main international human rights instruments such as the Covenant on Economic and Cultural Rights – not least because this thesis invariably deflects critical attention from the real impediments to the region’s ability to trade.

Procedural Control over Transaction Cost

Abstract: Coase and his followers have not pointed out the effects of transaction procedure on transaction cost saving. Using transaction procedure to control transaction cost is a kind of procedural method differing from traditional ways (defining property rights, and constructing enterprise system). Coase and other scholars’ neglects over the procedural method are not casual but for the absence of transaction procedure theory in the traditional private laws. The procedural method is significant for researches on economics and private laws.

Systems Analysis of Globalization

Abstract: At the time of globalization, people begin to scan and consider global problems, seek the global strategies to solve these problems and adopt corresponding global actions. People are taking the global system as the understanding object and the rebuilding object. When the global system occurs in human views, the proper understanding tool is needed to help us observe and consider it. The system theory is thus an understanding tool. The idea and method of the system theory can be utilized to research and explain the phenomenon of globalization, and as a result, to discover and find the essential and rule of globalization. This article will analyze the structure of global system, the attributes of global system, the governance of global system, the state of global system and the evolution of global system.