Introduction:The Association of Southeast Asian Nations (ASEAN) recently launched its ASEAN Econo... more Introduction:The Association of Southeast Asian Nations (ASEAN) recently launched its ASEAN Economic Community (AEC), which could potentially revolutionize the economic output in the region through free movement of goods, people, and capital across borders. At this stage, several trade barriers still exist which limit successes in AEC.Literature Review:This article assesses strategic opportunities, weaknesses, and threats to trade in the region, with a particular focus on logistics infrastructure. A review and analysis of the quality of land, air, and sea transportation networks is provided.Recommendations and Conclusion:Recommendations are made pertaining to customs and investment policies, security, safety, and infrastructure development. AEC is found capable of achieving its goals given that trade participants have adequate means by which they can deliver their goods.
In this, the third installment of the Legal Navel Gazing series, Dr. T continues to bridge gaps a... more In this, the third installment of the Legal Navel Gazing series, Dr. T continues to bridge gaps across disciplines with the aim of getting to the other side before the bridge is burned by malefactors mentioned throughout the piece. This episode follows parts 1 & 2 with their inclusion of artistic points of view and music lyrics. Dr. T also added some of his original poetry to this edition.
The follow-up second level of navel-gazing in the legal context - this booklet delves deeper into... more The follow-up second level of navel-gazing in the legal context - this booklet delves deeper into philosophical and methodological underpinnings of legal systems and traditions. Ontological and epistemological differences are discussed within and between nations. Varied notions of deontologies among cultures and peoples yields a pluralistic world - and in come cases, country - where it is difficult to establish and maintain order though desperately needed. Topics include mass incarceration; associations of class and caste with legislation and justice outcomes; legal history; the intersection of economics, law, and politics; potential and constraints of legal systems; and agency among the population in effecting realistic change at grassroots levels.
Discovery obligations in American courts create unnecessary cost and time burdens for disputants,... more Discovery obligations in American courts create unnecessary cost and time burdens for disputants, resulting in cases settled upon costs rather than merits. With no apparent solution in sight for soaring costs related to overly-broad e-discovery requests, arbitration shows itself a suitable alternative. For international cases, where parties to disputes are required to comply with law in multiple jurisdictions, arbitration again offers disputants a means to binding awards without excessive conflicts of law interfering with data privacy or ethical obligations. Rules and laws related to arbitration ensure privacy throughout the process and international recognition thereafter. Analysis and review of cases, law, and rules of arbitration lead to wholesale endorsement of arbitration.
The International Education Journal: Comparative Perspectives, 2017
English language training in Saudi Arabia has become a common feature in public and private schoo... more English language training in Saudi Arabia has become a common feature in public and private schools. Universities are especially keen on providing students with English instruction. Students who want to earn degrees in science, engineering, or medical fields must attend lessons where English is the language of instruction. Unsurprisingly, student anxiety about language has been a concern. Foreign language classroom anxiety (FLCA) can harm student performance and ultimately limit their educational opportunities. This study surveys 185 male and female Saudi first year university students who report their perceived levels of anxiety. Comparisons are made between genders, majors, levels, and academic terms using ANOVA and descriptive statistics. Correlations and regression assess relationships between FLCA and English performance. Results show moderate levels of FLCA and moderate, negative correlations with performance. Discussion and conclusion leads to recommendations for teachers and...
Abstract. Tanielian A. 2020. Review: Market, capital, and foreign labor access for all Thai farme... more Abstract. Tanielian A. 2020. Review: Market, capital, and foreign labor access for all Thai farmers. Asian J Agric 3: 41-59. A quantitative study of agricultural economic indicators for Thailand, its provinces, and seventeen other countries show Thailand's agriculture sector desperately needs assistance to lift farmers out of poverty and Thailand out of the middle-income trap. Data shows diminishing activity in the agricultural sector may be harming productivity and growth. Prices and yields plateau and fall as producer costs increase and farm incomes remain among the lowest. In 2006 and 2014, the military ousted two Shinawatra Prime Ministers amid corruption and misappropriation scandals relating to failed agricultural subsidy schemes that cost the government billions of dollars while failing to substantially improve the situations of millions of smallholder farmers throughout the Kingdom. Analysis of primary data and literature suggest Thai farmers lack sufficient access to la...
This paper provides a review of ASEAN member legal instruments prohibiting piracy and counterfeit... more This paper provides a review of ASEAN member legal instruments prohibiting piracy and counterfeiting. Despite the solid legal framework, this article also finds piracy and counterfeiting are ubiquitous in the region. Locals and foreign tourists rationalize purchases of infringing items based on comparisons of price and quality between the original and copied products. Vendors are ignored by police due most likely to corruption. An economic discussion helps clarify the situation. <br><br>The author began this manuscript as a doctoral dissertation, but in the project was abandon in its current form as the author changed research topics to focus on alternative dispute resolution. As such, this article is a rough draft. Nonetheless, it provides some relevant theories, statistics, and cogent argument.
This book covers a range of topics crucial to child development and wellbeing. Each chapter is ce... more This book covers a range of topics crucial to child development and wellbeing. Each chapter is centered around a theme, which is related to but distinct from themes in other chapters. Within each chapter, the reader will find review and analysis of legal and sociological literature, from international conventions to statutes, cases, and academic articles. Examination of such breadth of sources helps us make objective evaluation of issues. Results of these inquiries are formatted as suggestions and recommendations directed toward numerous stakeholders in children’s lives, including legal professionals, educators, doctors, and parents. <br><br>Overall, this study aims to discover problem areas in application and enforcement of children’s rights, and offer pragmatic solutions that can be implemented to enhance the lives of children. The research is primarily qualitative literature review and analyses, supported with quantitative statistical analysis. Natural law theories and legal positivism are incorporated with the intent of affirming application of existing positive law while also calling for increased, revised, and improved lex scripta in order to create and enforce children’s rights at the local level. Natural law theories are not used in attempts to invalidate lex lata as is usually the case. Rather than relying on the natural law axiom that “an unjust law is not a law”, natural law theories are applied in this book using the assumption that absence of just law is unjust law. Bearing in mind general principles of international public law, especially that of territoriality, Article 38 of the Statute of the International Court of Justice is also used as a guide for prioritizing sources of law.<br><br>Frequently, as we will find throughout this book, children’s rights are threatened by all three branches of government through ineffective legislation, inadequate policing, and insufficient adjudication. Corruption and low public funding are consistent obstacles to improving state intervention. We can mitigate this problem through focusing on the 3P’s strategy: Prevention, Protection for victims, and Punishment for offenders. Prevention relies heavily on individual, family, and community volunteer support. Crime rates and totals are reduced through prevention, which is ultimately the goal. States support civilian efforts by protecting victims’ rights, and later by prosecuting and sentencing offenders, but prevention requires more intrinsic sociocultural change. Such fundamental changes in the way people live together have been elusive throughout human history, and to a certain extent we must assume some behaviors cannot be eliminated. <br>On this note, we shall find great insight and inspiration from the earliest pioneer of modern human rights theory, Eleanor Roosevelt, who said:<br><br>“Where, after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighbourhood he lives in; the school or college he attends; the factory, farm or office where he works. Such are the places where every man, woman and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerned citizen action to uphold them close to home, we shall look in vain for progress in the larger world.”
The internet is a treasure chest of infringing or “pirated” entertainment media, which viewers fr... more The internet is a treasure chest of infringing or “pirated” entertainment media, which viewers from around the world access, copy, and share with relative ease. Data and qualitative reviews suggest infringement is ubiquitous in the streaming and downloading domain. The current approach to copyright enforcement places undue burdens on copyright owners who cannot economically advance claims against millions of individual users. Poorly constructed copyright laws and misguided Court decisions have left rights‐holders with too few remedies against commercial entities involved in the storage, retrieval, transmission, access, and streaming of their works. A five‐year exploratory and observational study were conducted to discover facts about online pirate media, how services function, how companies make money, and how they skirt around laws prohibiting unauthorized commercial exploitation of copyright. Sites discovered had multi-million‐dollar valuations and annual revenues, mostly derived from third‐party advertisements. The study found numerous deficiencies in copyright legislation and judicial interpretation that enable massive online infringement to continue. Recommendations include statutory and regulatory amendments, judicial reversals, reconstruction of the law, and development of a binding, compulsory mechanism similar to Internet Corporation for Assigned Names and Numbers’ domain name trademark dispute resolution system.
This study surveyed 135 individuals, of which 68 were native speakers of English and 67 were nati... more This study surveyed 135 individuals, of which 68 were native speakers of English and 67 were native speakers of Thai. Respondents answered questions on issues related to human trafficking, its causes, and potential solutions. Statistical tests showed significant variance in opinions between language and other groups regarding factors associated with trafficking, and regarding the potential impacts of legalization of prostitution. Thai responses reflected collectivist cultural perceptions while English responses reflected more individualistic views. Males and English speakers were most likely to think legalized prostitution would lead to a reduction in human trafficking while females and Thais were most likely to believe legalized prostitution would increase trafficking. Responses to an open-ended question showed participants felt similarly about potential remedies for human trafficking, including information and awareness campaigns, interaction between civilians and police, increase...
Introduction:The Association of Southeast Asian Nations (ASEAN) recently launched its ASEAN Econo... more Introduction:The Association of Southeast Asian Nations (ASEAN) recently launched its ASEAN Economic Community (AEC), which could potentially revolutionize the economic output in the region through free movement of goods, people, and capital across borders. At this stage, several trade barriers still exist which limit successes in AEC.Literature Review:This article assesses strategic opportunities, weaknesses, and threats to trade in the region, with a particular focus on logistics infrastructure. A review and analysis of the quality of land, air, and sea transportation networks is provided.Recommendations and Conclusion:Recommendations are made pertaining to customs and investment policies, security, safety, and infrastructure development. AEC is found capable of achieving its goals given that trade participants have adequate means by which they can deliver their goods.
In this, the third installment of the Legal Navel Gazing series, Dr. T continues to bridge gaps a... more In this, the third installment of the Legal Navel Gazing series, Dr. T continues to bridge gaps across disciplines with the aim of getting to the other side before the bridge is burned by malefactors mentioned throughout the piece. This episode follows parts 1 &amp;amp; 2 with their inclusion of artistic points of view and music lyrics. Dr. T also added some of his original poetry to this edition.
The follow-up second level of navel-gazing in the legal context - this booklet delves deeper into... more The follow-up second level of navel-gazing in the legal context - this booklet delves deeper into philosophical and methodological underpinnings of legal systems and traditions. Ontological and epistemological differences are discussed within and between nations. Varied notions of deontologies among cultures and peoples yields a pluralistic world - and in come cases, country - where it is difficult to establish and maintain order though desperately needed. Topics include mass incarceration; associations of class and caste with legislation and justice outcomes; legal history; the intersection of economics, law, and politics; potential and constraints of legal systems; and agency among the population in effecting realistic change at grassroots levels.
Discovery obligations in American courts create unnecessary cost and time burdens for disputants,... more Discovery obligations in American courts create unnecessary cost and time burdens for disputants, resulting in cases settled upon costs rather than merits. With no apparent solution in sight for soaring costs related to overly-broad e-discovery requests, arbitration shows itself a suitable alternative. For international cases, where parties to disputes are required to comply with law in multiple jurisdictions, arbitration again offers disputants a means to binding awards without excessive conflicts of law interfering with data privacy or ethical obligations. Rules and laws related to arbitration ensure privacy throughout the process and international recognition thereafter. Analysis and review of cases, law, and rules of arbitration lead to wholesale endorsement of arbitration.
The International Education Journal: Comparative Perspectives, 2017
English language training in Saudi Arabia has become a common feature in public and private schoo... more English language training in Saudi Arabia has become a common feature in public and private schools. Universities are especially keen on providing students with English instruction. Students who want to earn degrees in science, engineering, or medical fields must attend lessons where English is the language of instruction. Unsurprisingly, student anxiety about language has been a concern. Foreign language classroom anxiety (FLCA) can harm student performance and ultimately limit their educational opportunities. This study surveys 185 male and female Saudi first year university students who report their perceived levels of anxiety. Comparisons are made between genders, majors, levels, and academic terms using ANOVA and descriptive statistics. Correlations and regression assess relationships between FLCA and English performance. Results show moderate levels of FLCA and moderate, negative correlations with performance. Discussion and conclusion leads to recommendations for teachers and...
Abstract. Tanielian A. 2020. Review: Market, capital, and foreign labor access for all Thai farme... more Abstract. Tanielian A. 2020. Review: Market, capital, and foreign labor access for all Thai farmers. Asian J Agric 3: 41-59. A quantitative study of agricultural economic indicators for Thailand, its provinces, and seventeen other countries show Thailand's agriculture sector desperately needs assistance to lift farmers out of poverty and Thailand out of the middle-income trap. Data shows diminishing activity in the agricultural sector may be harming productivity and growth. Prices and yields plateau and fall as producer costs increase and farm incomes remain among the lowest. In 2006 and 2014, the military ousted two Shinawatra Prime Ministers amid corruption and misappropriation scandals relating to failed agricultural subsidy schemes that cost the government billions of dollars while failing to substantially improve the situations of millions of smallholder farmers throughout the Kingdom. Analysis of primary data and literature suggest Thai farmers lack sufficient access to la...
This paper provides a review of ASEAN member legal instruments prohibiting piracy and counterfeit... more This paper provides a review of ASEAN member legal instruments prohibiting piracy and counterfeiting. Despite the solid legal framework, this article also finds piracy and counterfeiting are ubiquitous in the region. Locals and foreign tourists rationalize purchases of infringing items based on comparisons of price and quality between the original and copied products. Vendors are ignored by police due most likely to corruption. An economic discussion helps clarify the situation. <br><br>The author began this manuscript as a doctoral dissertation, but in the project was abandon in its current form as the author changed research topics to focus on alternative dispute resolution. As such, this article is a rough draft. Nonetheless, it provides some relevant theories, statistics, and cogent argument.
This book covers a range of topics crucial to child development and wellbeing. Each chapter is ce... more This book covers a range of topics crucial to child development and wellbeing. Each chapter is centered around a theme, which is related to but distinct from themes in other chapters. Within each chapter, the reader will find review and analysis of legal and sociological literature, from international conventions to statutes, cases, and academic articles. Examination of such breadth of sources helps us make objective evaluation of issues. Results of these inquiries are formatted as suggestions and recommendations directed toward numerous stakeholders in children’s lives, including legal professionals, educators, doctors, and parents. <br><br>Overall, this study aims to discover problem areas in application and enforcement of children’s rights, and offer pragmatic solutions that can be implemented to enhance the lives of children. The research is primarily qualitative literature review and analyses, supported with quantitative statistical analysis. Natural law theories and legal positivism are incorporated with the intent of affirming application of existing positive law while also calling for increased, revised, and improved lex scripta in order to create and enforce children’s rights at the local level. Natural law theories are not used in attempts to invalidate lex lata as is usually the case. Rather than relying on the natural law axiom that “an unjust law is not a law”, natural law theories are applied in this book using the assumption that absence of just law is unjust law. Bearing in mind general principles of international public law, especially that of territoriality, Article 38 of the Statute of the International Court of Justice is also used as a guide for prioritizing sources of law.<br><br>Frequently, as we will find throughout this book, children’s rights are threatened by all three branches of government through ineffective legislation, inadequate policing, and insufficient adjudication. Corruption and low public funding are consistent obstacles to improving state intervention. We can mitigate this problem through focusing on the 3P’s strategy: Prevention, Protection for victims, and Punishment for offenders. Prevention relies heavily on individual, family, and community volunteer support. Crime rates and totals are reduced through prevention, which is ultimately the goal. States support civilian efforts by protecting victims’ rights, and later by prosecuting and sentencing offenders, but prevention requires more intrinsic sociocultural change. Such fundamental changes in the way people live together have been elusive throughout human history, and to a certain extent we must assume some behaviors cannot be eliminated. <br>On this note, we shall find great insight and inspiration from the earliest pioneer of modern human rights theory, Eleanor Roosevelt, who said:<br><br>“Where, after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighbourhood he lives in; the school or college he attends; the factory, farm or office where he works. Such are the places where every man, woman and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerned citizen action to uphold them close to home, we shall look in vain for progress in the larger world.”
The internet is a treasure chest of infringing or “pirated” entertainment media, which viewers fr... more The internet is a treasure chest of infringing or “pirated” entertainment media, which viewers from around the world access, copy, and share with relative ease. Data and qualitative reviews suggest infringement is ubiquitous in the streaming and downloading domain. The current approach to copyright enforcement places undue burdens on copyright owners who cannot economically advance claims against millions of individual users. Poorly constructed copyright laws and misguided Court decisions have left rights‐holders with too few remedies against commercial entities involved in the storage, retrieval, transmission, access, and streaming of their works. A five‐year exploratory and observational study were conducted to discover facts about online pirate media, how services function, how companies make money, and how they skirt around laws prohibiting unauthorized commercial exploitation of copyright. Sites discovered had multi-million‐dollar valuations and annual revenues, mostly derived from third‐party advertisements. The study found numerous deficiencies in copyright legislation and judicial interpretation that enable massive online infringement to continue. Recommendations include statutory and regulatory amendments, judicial reversals, reconstruction of the law, and development of a binding, compulsory mechanism similar to Internet Corporation for Assigned Names and Numbers’ domain name trademark dispute resolution system.
This study surveyed 135 individuals, of which 68 were native speakers of English and 67 were nati... more This study surveyed 135 individuals, of which 68 were native speakers of English and 67 were native speakers of Thai. Respondents answered questions on issues related to human trafficking, its causes, and potential solutions. Statistical tests showed significant variance in opinions between language and other groups regarding factors associated with trafficking, and regarding the potential impacts of legalization of prostitution. Thai responses reflected collectivist cultural perceptions while English responses reflected more individualistic views. Males and English speakers were most likely to think legalized prostitution would lead to a reduction in human trafficking while females and Thais were most likely to believe legalized prostitution would increase trafficking. Responses to an open-ended question showed participants felt similarly about potential remedies for human trafficking, including information and awareness campaigns, interaction between civilians and police, increase...
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