Search results for: dispute settlements

Authors: Rhisan Mae Enriquez-Morales

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The primary concern of this study is to answer the question: How does the Philippine government formulate its foreign policy with respect to its territorial claims over areas in the West Philippine Sea after the Scarborough standoff in April 2012? Specifically, the study seeks to provide understanding on the political process in the formulation of foreign policy relating to the Philippine claims in the West Philippine Sea after the 2012 Scarborough Standoff, by looking into the relationship of bureaucracies and how it influences the decision-making process. Secondly, this study aims to determine the long and short term foreign policies of the Philippines with respect to its territorial claims over the West Philippine Sea. Lastly, this study seeks to determine the implication of Philippine foreign policy in settling the West Philippine Sea dispute on the country’s national security. The Bureaucratic Politics Model (BPM) in Foreign Policy Analysis (FPA) is the framework utilized in this study, which focuses primarily on the relationship of bureaucracies in the formulation of foreign policy and how these agencies influence the process of foreign policy formulation. The findings of this study reveal that: first, the Philippines foreign policy in the West Philippine Sea continues to develop to address current developments in the WPS. Second, as the government requires demilitarization there is a shift from traditional to non-traditional security approach. This shift caused inconvenience from the defense sector particularly the Navy thinking that they are being deprived of their traditional roles. Lastly, the Philippine government’s greater emphasis on internal security operation implies the need to reassess its security concerns and look into territorial security.

Keywords: bureaucratic politics model, foreign policy analysis, security, West Philippine sea

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Authors: Xiangjun Kong, Dongning Yao, Yuanjia Hu

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Therapeutic antibodies have become the most valuable and successful class of biopharmaceutical drugs, with a huge market potential and therapeutic advantages. Antibody patents are, accordingly, extremely important. As the technological limitation of the early stage of this field, the U. S. Patent and Trademark Offices (USPTO) have issued guidelines that suggest an exception for patents claiming a genus of antibodies that bind to a novel antigen, even in the absence of any experimental antibody production. This 'antibody exception' allowed for a broad scope on antibody claims, and led a global trend to patent antibodies without antibodies. Disputes around the pertinent patentability and written description issues remain particularly intense. Yet the validity of such patents had not been overtly challenged until Centocor v. Abbott, which restricted the broad scope of antibody patents and hit the brakes on the 'antibody exception'. The courts tend to uphold the requirement for adequate description of antibodies in the patent specifications, to avoid overreaching antibody claims. Patents following the 'antibody exception' are at risk of being found invalid for inadequately describing what they have claimed. However, the relation between the court and USPTO guidelines remains obscure, and the waning of the 'antibody exception' has led to further disputes around antibody patents. This uncertainty clearly affects patent applications, antibody innovations, and even relevant business performance. This study will give an overview of the emergence, debate, and waning usage of the 'antibody exception' in a number of enlightening cases, attempting to understand the specific concerns and the potential influence of antibody patents. We will then provide some possible strategies for antibody patenting, under the current considerations on the 'antibody exception'.

Keywords: antibody exception, antibody patent, USPTO (U. S. Patent and Trademark Offices) guidelines, written description requirement

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Authors: Yun Zhang, Zhu Wang

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Renewing ancient residential areas is an integral part of the sustainable development of modern cities. Compared with a metropolis, the old areas of small and medium-sized cities is more complicated to update, as the spatial form is more fragmented. In this context, the author takes as the research object, the ancient town of Changshu City, which is a small city representative in China with a history of more than 1,200 years. Through the analysis of urban research and update projects, the spatial evolution characteristics and renewal strategies of small ancient urban settlements are studied. On this basis, it is proposed to protect the residential area from the perspective of integrity and sustainability, strengthen the core public part, control the district building, and reshape the important interface. Renewing small and medium-sized urban areas should respect the rhythm of their own urban development and gradually complete the update, not blindly copying the experience of large cities.

Keywords: ancient residential area, Changshu, city renewal strategy, small and medium-sized cities

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Authors: Linh Tong

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This paper aims to contribute to the understanding of key education reforms in Vietnam from 1945 to 2017, which reflects an evolution of socio-political needs of the Socialist Republic of Vietnam throughout this period. It explores the contextual conditions, motivations and ambitions influencing the formation of the education reforms in Vietnam. It also looks, from an applied practical perspective, at the influence of politics on education policy-making. The research methodology includes a content analysis of curriculum designs proposed by the Ministry of Education and Training, relevant resolutions and executive orders passed by the National Assembly and the Prime Minister, as well as interviews with experts and key stakeholders. The results point to a particular configuration of factors which have been inspiring the shape and substance of these reforms and which have most certainly influenced their implementation. This configuration evolves from the immediate needs to erase illiteracy and cultivate socialist economic model at the beginning of Vietnam’s independence in 1945-1975, to a renewed urge to adopt market-oriented economy in 1986 and cautiously communicate with the outside world until 2000s, and to currently a demonstrated desire to fully integrate into the global economy and tackle with rising concerns about national security (the South China Sea Dispute), environmental sustainability, construction of a knowledge economy, and a rule-of-law society. Overall, the paper attempts to map Vietnam’s socio-political needs with the changing sets of goals and expected outcomes in teaching and learning methodologies and practices as introduced in Vietnamese key education reforms.

Keywords: curriculum development, knowledge society, national security, politics of education policy-making, Vietnam's education reforms

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Authors: Yanto Santosa, Rozza Tri Kwatrina

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High Conservation Value (HCV) is an area with conservation function within oil palm plantation. Despite the important role of HCV area in biodiversity conservation and various studies on HCV, there was a lack of research studying the factors determining its success. A preliminary study was conducted to identify the determinant factor of HCV that affected the diversity. Line transect method was used to calculate the species diversity of butterfly, birds, mammals, and herpetofauna species as well as their richness. Specifically for mammals, camera traps were also used. The research sites comprised of 12 HCV areas in 3 provinces of Indonesia (Central Kalimantan, Riau, and Palembang). The relationship between the HCV biophysical factor with the species number and species diversity for each wildlife class was identified using Chi-Square analysis with Cross tab (contingency table). Results of the study revealed that species diversity varied by research locations. Four factors determining the success of HCV area in relations to the number and diversity of wildlife species are land cover types for mammals, the width of area and distance to rivers for birds, and distance to settlements for butterflies.

Keywords: wildlife diversity, oil palm plantation, high conservation value area, ecological factors

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Authors: Fahmida Nusrat, Sumaia Nasrin, Pinak Sarker

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Biharis as an urban refugee are a significant urban dweller in Dhaka since their forced migration on the partition of 1947. There are many such refugee settlements in Bangladesh, particularly in Dhaka where they often live in dire conditions, facing discrimination from mainstream society. Their camps have become slums. Housing for urban refugee is still not a strategic concern for overall housing policy of Dhaka. The study has been conducted in a significant refugee settlement located in Mirpur-11, Dhaka, to observe their way of living in these camps to understand the socio-cultural aspects that are shaping their settlement morphology, hence to identify the key issues of their built environment to suggest an inclusive and sustainable housing solution for improving their life in urban environment. The methods included first-hand data collection on their household spaces and community spaces accompanied with the overall spatial organization of the settlement pattern which later on followed by a semi-structured interview with randomly selected samples from the camp dwellers to get users’ feedback on the research aspects. The outcome of the study will help initiating housing strategies as well as formulating design issues for this case specific inhabitants of urban Dhaka.

Keywords: Bihari camp, Dhaka, housing strategy, the way of living, urban refugee

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Authors: Mette Evelyn Bjerre

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Nordic Exceptionalism is a racial paradigm that inhibits a critical examination of structural discrimination and the daily experiences of minority-racialised Danes. As a result, the category ethnic-Danish is a White hegemonic construct that limits access for multiracial ethnic Danes irrespective of their multigenerational Danish heritage. An anti-immigrant public discourse and frequent racialisation as ‘other’ in social interactions are part of a boundary-making process that sustains White hegemony and excludes multiracial ethnic Danes from a collective national identity. With an analysis of interview data with 40 multiracial ethnic Danes, this research finds that the understanding of race as a category and the salience of race for multiracial ethnic Danes has changed over time concurrently with demographic changes and a heightened awareness of racialisation processes. The older generation is more likely to conform to White hegemony by trivialising racialised experiences. In contrast, younger multiracial ethnic Danes have the knowledge and cultural capital to challenge Whiteness actively. They do this by claiming their multiracial identity as a crucial part of their Danish identity and acknowledging race as a social fact that impacts their lives. Many young multiracial participants also dispute that the public immigration debate is race-neutral and is active in organisations supporting immigrants and refugees. These findings suggest that young multiracial Danes are uniquely positioned to push public discourse toward a better understanding of how Whiteness is integral to national identity and advocate for a broader Danish identity type that challenges White hegemony and Nordic exceptionalism.

Keywords: multiracial Danes, nordic exceptionalism, racial identity, white hegemony

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Authors: Mohammad Soltani Renani

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The problem of evil is one of the heated battlegrounds of the idea of theism and its critics. Since time immemorial and in various philosophical schools and religions, the belief in an Omniscient, Omnipotent, and Absolutely Good God has been considered inconsistent with the existence of the evil in the universe. The theist thinkers have generally adopted one of the following four ways for answering this problem: denial of the existence of evil or considering it to be relative, privation theory of evil, attribution of evil to something other than God, and depiction of an alternative picture of God. Defense or criticism of these alternative answers have given rise to an extensive and unending dispute. However, evaluation of the presupposition and context upon/in which a question is raised precedes offering an answer to it. This point in the discussion of the problem of evil is of paramount importance for both parties, i.e., questioners and answerers, that the attributes of knowledge, power, love, good-will, among others, can be supposed to be infinite only in the essence of the attributed and the domain of potentiality but what can be realized in the domain of actuality is always finite. Therefore, infinite nature of Divine Attributes and realization of evil belong to two spheres. Divine Attributes are infinite (absolute) in Divine Essence, but when they are created, each one becomes bounded by the other. This boundedness is a result of the state of being surrounded of the attributes by each other in finite world of possibility. Evil also appears in this limited world. This inconsistency leads to the collapse of the problem of evil from within: the place of infinity of the Divine Attributes, in the words of Muslim mystics, lies in the Holiest Manifestation [Feyze Aqdas] while evil emerges in the Holy Manifestation where the Divine Attributes become bounded by each other. This idea is neither a new answer to the problem of evil nor a defense of theism; rather it reveals a logical inconsistency in the discussion of the problem of evil.

Keywords: problem of evil, infinity of divine attributes, boundedness of divine attributes, holiest manifestation, holy manifestation

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Authors: Zakariya B. H., Idris M. I., Jungudo M. A.

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High energy consumptions of urban settlements in Nigeria are escalating due to strong population growth and migration as a result of crises. The demand for lighting, heating, ventilation and air conditioning (LHVAC) is becoming higher. Conversely, there is a poor electricity supply to both rural and urban settlement in Nigeria. Generators were mostly used in Nigeria as a source of energy for LHVAC. Energy efficiency can be defined as any measure taken to reduce the amount of energy consumed for heating ventilation and air-conditioning (HVAC), and house hold appliances like computers, stoves, refrigerators, televisions etc. The aim of the study was to minimize energy consumption in building through the integration of energy efficiency and renewable energy in building sector. Some of the energy efficient buildings within the study area were identified, the study covers there major cities of Nigeria namely, Abuja, Kaduna and Lagos city. The cost of investment on the energy efficiency and renewable energy was determined and compared with other fossil energy source for conventional building. Findings revealed that the low energy and energy efficient buildings in Nigeria are cheaper than the conventional ones. Based on the finding of the research, construction stake holders are strongly encouraged to abandon the conventional buildings and consider energy efficiency and renewable energy in buildings.

Keywords: energy, efficiency, LHVAC, sustainable development

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Authors: Syed Toqueer Akhter, Muhammad Muzaffar Abbas

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Conflicts in Pakistan are a result of a configuration of factors, which are directly related to the system of the state, the unstable regional setting, and the geo-strategic location of Pakistan at large. This paper examines the impact of regional conflict onto the socio-political sustainability of Pakistan. The magnitude of the spillover from a conflicted region is similar in size of the equivalent increase in domestic conflict. Pakistan has gone at war three times with India; the border with India is named as the tensest borderlines of the world. Disagreements with India and lack of dispute settlement mechanisms have negatively effected the peace in the region, influx of illegal weapons and refugees from Afghanistan as an outcome of 9/11 incidence, have exasperated the criticality of levels of internal conflict in Pakistan. Our empirical findings are based on the data collected on regional conflict levels, regional trade, global trade, comparative defence capabilities of the region in contrast to Pakistan and the government regime (Autocratic, Democratic) over 1972-2007. It has been proposed in this paper that the intent of domestic conflict is associated with the conflict in the region, regional trade, global trade and the government regime of Pakistan. The estimated model (OLS) implies that domestic conflict is effected positively and significantly with long term impact of conflict in the region. Also, if defence capabilities of the region are better than that of Pakistan it effects domestic conflict positively and significantly. Conflict in neighbouring countries are found as a source of domestic conflict in Pakistan, whereas the regional trade as well as type of government regimes in Pakistan lowered the intensity of domestic conflict significantly, while globalized trade imply risk of domestic conflict to be reduced but not significantly.

Keywords: conflict, regional trade, socio-politcal instability

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Authors: Asanga Gunawansa, Shenella Fonseka

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On-demand bonds, also known as unconditional bonds, are commonplace in the construction industry as a means of safeguarding the employer from any potential non-performance by a contractor. On-demand bonds may be obtained from commercial banks, and they serve as an undertaking by the issuing bank to honour payment on demand without questioning and/or considering any dispute between the employer and the contractor in relation to the underlying contract. Thus, whether or not a breach had occurred under the underlying contract, which triggers the demand for encashment by the employer, is not a question the bank needs to be concerned with. As a result, an unconditional bond allows the beneficiary to claim the money almost without any condition. Thus, an unconditional bond is as good as cash-in-hand. In the past, establishing fraud on the part of the employer, of which the bank had knowledge, was the only ground on which a bank could dishonour a claim made under an on-demand bond. However, recent jurisprudence in common law countries shows that courts are beginning to consider unconscionable conduct on the part of the employer in claiming under an on-demand bond as a ground that contractors could rely on the prevent the banks from honouring such claims. This has created uncertainty in connection with on-demand bonds and their liquidity. This paper analyzes recent judicial decisions in four common law jurisdictions, namely, England, Singapore, Hong Kong, and Sri Lanka, to identify the scope of using the concept of “unconscionability” as a ground for preventing unreasonable claims for encashment of on-demand bonds. The objective of this paper is to argue that on-demand bonds have lost their effectiveness as “cash-in-hand” and that this is, in fact, an advantage and not an impediment to international commerce, as the purpose of such bonds should not be to provide for illegal and unconscionable conduct by the beneficiaries.

Keywords: fraud, performance guarantees, on-demand bonds, unconscionability

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Authors: Sevgi Karaca

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Since December 6, 2018, mediation has become mandatory for commercial disputes under the Turkish Commercial Code. Mandatory mediation became one of the “causes of action”, and being compulsory means starting the mediation process before going to court. As it contemplates looking at “the causes of the action”, the terminology may lead to misinterpretation of the core of the phrases. However, the terms pertain to a prerequisite for starting the lawsuit. The court will examine failure to comply with such requirements, and the case will be dismissed without further action. Türkiye’s use of obligatory mediation is highly unusual. It is neither judge-led nor judge-assisted mediation but rather a mediation conducted outside of court with the participation of a third party (mediators). What distinguishes it is the incorporation of obligatory mediation into the causes of actions listed in the Code of Civil Procedure. Being one of the causes of action in a legal case implies that the absence of any of them may result in the procedural dismissal of the case without any further action. The case must be presented to the mediator first, and if the parties are unable to reach an agreement, they must deliver the results of the mediation session. Other than submitting the minutes, parties are ineligible to file a lawsuit. However, despite a lengthy history of use in England and Wales, there are considerable reservations about making mediation mandatory. The Civil Procedure Code does not explicitly mention making mediation mandatory. For the time being, there is no Mediation Code, and case law limits the growth of obligatory mediation. Some renowned judges voiced their desire to re-evaluate the notion of required mediation, prompting the Civil Justice Council to release a study in 2021 on the significance of amending case law and the high value of mandatory mediation. By contrasting the approaches to mandatory mediation in England and Wales, the study will investigate the method of controlled mandatory mediation and its effects on the success of mediation in Türkiye.

Keywords: alternative dispute resolution, case law, cause of action, litigation process, mandatory mediation

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Authors: Zaheer Ahmed Almani, Agha Faisal Habib Pathan, Aneel Kumar Hindu

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In this study, the effects of ground reinforcement with stiff soil-cement columns on liquefiable ground and on the shallow foundation of structure were investigated. The modelling and analysis of shallow foundation of the structure founded on the composite reinforced ground were carried out with finite difference FLAC commercial software. The results showed that stiff columns were not effective to the redistribute the shear stresses in the composite ground, thus, were not effective to reduce shear stress and shear strain on the soil between the columns. The excessive pore pressure increase which is dependent on volumetric strain (contractive) tendency of loose sand upon shearing, was not reduced to a significant level that liquefaction potential could be remediated. Thus, mechanism of performance with reduction of pore pressure and consequent liquefaction was not predicted in numerical analysis. Nonetheless, the columns were effective to resist the load of structure in compression and reduced the liquefaction-induced large settlements of structure to tolerable limits when provided adjacent and beneath the pad of shallow foundation.

Keywords: earthquake, liquefaction, mechanism, soil-cement columns

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Authors: Samuel Ibbi Ibrahim, Isaiah Ndalassan Ibrahim

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Accessibility and availability of good quality water have become a major concern among different users. This paper examines the caustic importance of water security in relation to people’s desire for survival. It observed the democratic ideology of national policy on domestic water supply and demand and its implementation for national and societal development. It used analogy on equilibrium approach to ascertain the household water security. In most communities, it is glaring that several public water management in operation for several years are hardly performing efficiently to reach equilibrium demand. Moreover most settlements being rural or urban lack effective public water system that could ensure regular supplies to the population. The terrain and gradual declining of efficient rainfall northward poses great challenge to the region in managing water supply and demand adequately. This study itemized the need for the government to get clear strategy for a sustainable development on better water efficiency. Partnership in providing workable policy on water security is considered apparently important. It is also suggested that water plant treatment should be established in every medium-sized towns in the country.

Keywords: good quality of water, water accessibility, water availability, water sustainable

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Authors: Nadine Rashed, A. Samer Ezeldin, Engy Serag

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The principle of good faith plays a critical role in shaping contractual relationships, yet its application varies significantly across different types of construction contracts and legal systems. This paper presents a comparative analysis of how various construction contracts perceive the principle of good faith, a fundamental aspect that influences contractual relationships and project outcomes. The primary objective of this analysis is to examine the differences in the application and interpretation of good faith across key construction contracts, including JCT (Joint Contracts Tribunal), FIDIC (Fédération Internationale des Ingénieurs-Conseils), NEC (New Engineering Contract), and ICE (Institution of Civil Engineers) Contracts. To accomplish this, a mixed-methods approach will be employed, integrating a thorough literature review of current legal frameworks and academic publications with primary data gathered from a structured questionnaire aimed at industry professionals such as contract managers, legal advisors, and project stakeholders. This combined strategy will enable a holistic understanding of the theoretical foundations of good faith in construction contracts and its practical effects in real-world contexts. The findings of this analysis are expected to yield valuable insights into how varying interpretations of good faith can impact project performance, dispute resolution, and collaborative practices within the construction industry. This paper contributes to a deeper understanding of how the principle of good faith is evolving in the construction industry, providing insights for contract drafters, legal practitioners, and project managers seeking to navigate the complexities of contractual obligations across different legal systems.

Keywords: construction contracts, contractual obligations, ethical practices, good faith

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Authors: M. Novak, E. Munoz, A. Jana, M. Nelemans

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Cities and local governments the world over are interested to employ circular strategies as a means to bring about food security, create employment and increase resilience. The selection and implementation of circular strategies is facilitated by modeling the effects of strategies locally and understanding the impacts such strategies have had in other (comparable) cities and how that would translate locally. Urban areas are heterogeneous because of their geographic, economic, social characteristics, governance, and culture. In order to better understand the effect of circular strategies on urban systems, we create a dataset for over 300 cities around the world designed to facilitate circular strategy scenario modeling. This new dataset integrates data from over 20 prominent global national and urban data sources, such as the Global Human Settlements layer and International Labour Organisation, as well as incorporating employment data from over 150 cities collected bottom up from local departments and data providers. The dataset is made to be reproducible. Various clustering techniques are explored in the paper. The result is sets of clusters of cities, which can be used for further research, analysis, and support comparative, regional, and national policy making on circular cities.

Keywords: data integration, urban innovation, cluster analysis, circular economy, city profiles, scenario modelling

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Authors: Mhd. Zakiul Fikri, M. Agus Maulidi

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Indonesia is a constitutional state. As the constitutional state, Indonesia is not only using a single legal system, but also adopting three legal systems consist of: The European continental legal system or positive law of Indonesia, adat law system, and legal system of religion. This study will discuss Marosok tradition in the process of buying and selling cattle in Payakumbuh: a comparative study between adat law and positive law of Indonesia. The objectives of this research are: First, to find the meaning of the philosophical of Marosok tradition in Payakumbuh. Second, to find the legal implications of the Marosok tradition reviewed aspects of adat law and positive law of Indonesia. Third, to find legal procedure in arbitrating the dispute wich is potentially appear in the post-process of buying and selling cattle based on positive law and adat law adopted in Indonesia. This research is empirical legal research that using two model approaches which are statute approach and conceptual approach. Data was obtained through interviews, observations, and documents or books. Then a method of data analysis used is inductive analysis. Finally, this study found that: First, tradition of Marosok contains the meaning of harmonization of social life that keep people from negative debate, envy, and arrogant. Second, Marosok tradition is one of the adat law in Indonesia; it is one of contract law in the process of buying and selling. If the comparison between the practice Marosok tradition as adat law with the provisions of Article 1320 book of civil code about the terms of the validity of a contract, the elements contained in the provisions of these regulations are met in practice Marosok. Thus, the practice of Marosok in buying and selling cattle process in Payakumbuh justified in view of the positive law of Indonesia. Last of all, all kinds of disputes arising due to contracts made by Marosok tradition can be resolved by positive law and adat law of Indonesia.

Keywords: Adat law, contract, Indonesia, Marosok

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Authors: Pouya Karimi, Ramin Gasemi Shayan, Parsa Sheykhzade

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Ease shotgun DNA sequencing is changing the microbial sciences. Sequencing instruments are compelling to the point that example planning is currently the key constraining element. Here, we present a microfluidic test readiness stage that incorporates the key strides in cells to grouping library test groundwork for up to 96 examples and decreases DNA input prerequisites 100-overlay while keeping up or improving information quality. The universally useful microarchitecture we show bolsters work processes with subjective quantities of response and tidy up or catch steps. By decreasing the example amount necessities, we empowered low-input (∼10,000 cells) entire genome shotgun (WGS) sequencing of Mycobacterium tuberculosis and soil miniaturized scale settlements with prevalent outcomes. We additionally utilized the upgraded throughput to succession ∼400 clinical Pseudomonas aeruginosa libraries and exhibit magnificent single-nucleotide polymorphism discovery execution that clarified phenotypically watched anti-toxin opposition. Completely coordinated lab-on-chip test arrangement beats specialized boundaries to empower more extensive organization of genomics across numerous fundamental research and translational applications.

Keywords: clinical microbiology, DNA, microbiology, microbial genomics

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Authors: Kausar Ali

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There are several ground treatment techniques which may meet the twin objectives of increasing the bearing capacity with simultaneous reduction of settlements, but the use of stone columns is one of the most suited techniques for flexible structures such as embankments, oil storage tanks etc. that can tolerate some settlement and used worldwide. However, when the stone columns in very soft soils are loaded; stone columns undergo excessive settlement due to low lateral confinement provided by the soft soil, leading to the failure of the structure. The poor performance of stone columns under these conditions can be improved by encasing the columns with a suitable geosynthetic. In this study, the effect of reinforcement on bearing capacity of composite soil has been investigated by conducting laboratory model tests on floating and end bearing long stone columns with l/d ratio of 12. The columns were reinforced by providing geosynthetic encasement over varying column length (upper 25%, 50%, 75%, and 100% column length). In this study, a group of columns has been used instead of single column, because in the field, columns used for the purpose always remain in groups. The tests indicate that the encasement over the full column length gives higher failure stress as compared to the encasement over the partial column length for both floating and end bearing long columns. The performance of end-bearing columns was found much better than the floating columns.

Keywords: geosynthetic, ground improvement, soft clay, stone column

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Authors: Christina Kalogirou

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Investigating the integration of bioclimatic design into vernacular architecture could lead to interesting results regarding the preservation of cultural heritage while enhancing the energy efficiency of historic buildings. Furthermore, these recognized principles and systems of bioclimatic design in vernacular settlements could be applied to modern architecture and thus to new buildings in such areas. This study introduces an approach to categorizing distinct technologies and design principles of bioclimatic design based on a thoughtful approach to various climatic zones and environment in Greece (mountainous areas, islands and lowlands). For this purpose, various types of dwellings are evaluated for their response to climate, regarding the layout of the buildings (orientation, floor plans’ shape, semi-open spaces), the site planning, the openings (size, position, protection), the building envelope (walls: construction materials-thickness, roof construction detailing) and the migratory living pattern according to seasonal needs. As a result, various passive design principles (that could be adapted to current architectural practice in such areas, in order to optimize the relationship between site, building, climate and energy efficiency) are proposed.

Keywords: bioclimatic design, buildings physics, climatic zones, energy efficiency, vernacular architecture

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Authors: Damayanti Sen

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The Fair and Equitable Treatment standard has emerged as a core tenet of a formulated legal structure aimed at encouraging investment through the granting of a secure and stable environment for the investor in the Host State. As an absolute, non-contingent standard, it constitutes an independent and reliable system for the protection of the investor and is frequently invoked and applied in investor-state dispute settlement under bilateral and multilateral investment treaties. Thus far, the standard has been examined principally as a measure for determining the responsibility of host countries towards investors and investments. The conduct of investor in applying the Fair and Equitable Treatment Standard is relatively unexplored. Such an assessment may be necessary in light of the development of new defenses to demands of host governments to confine the application of the standard in order to ensure a proper balance between the protection of investors and the inherent right of a State to regulate economic conduct within its borders. This paper explores the implications of including considerations of investor conduct in the determination of whether an act of the host country’s administrative and/or judicial authorities has breached the fair and equitable treatment principle. The need for such defenses are of special concern for governments of developing countries, whose limited resources can affect their ability to provide an effective evaluation of the nature of the proposed investment, and, subsequently, to ensure that the expected benefits are realized. On the basis of conceptual analysis, and emerging international judicial and arbitral case law, this paper suggests that investor duties such as, the avoidance of unconscionable conduct, the reasonable assessment of investment risk in the host country, and a duty to operate an investment reasonably are leading to a new limit upon the fair and equitable treatment standard- one that can be succinctly captured in the phrase “Caveat Investor”.

Keywords: BITs, FET Standard, investor behavior, arbitral case law

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Authors: Samer Katerji, Mustafa Ozakça, Esra Demircioğlu

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The inner-city slums become a global phenomenon problem. It is widely distributed in separate zones through the urban textures, threatens cities in physical, economic and social aspects. It often has illegal settlements with unsafe and unhealthy conditions. By the time, it grown up rapidly followed by growing in its problems. According to United Nations, in some cities, up to 80 percent of the population lives in slums. Fifty-five million new slum dwellers have been added to the global population since 2000. Both developed and developing countries started to figure out mechanics to find solutions, which is suitable to solve the inner-city slums problems. In turn, the planning agenda of Turkey has been focused on urban transformation as a solution for inner-city slums problems since the 2000s. The current laws after 2004 changed all of the statements on the urban transformation of the country. This paper come to explain the urban transformation approach as qualified presses in dealing with inner-city slums problems of turkey. After that, it highlights one of the earliest ongoing transformation projects in Gaziantep city, which is adopted by the local municipalities. The study includes assessment of the pros and cons of pursuing the project and identifying the potential consequences. This is more likely to keep up with the efforts of Gaziantep Municipality in developing and transforming slum areas.

Keywords: transformation, urban, slums, Gaziantep

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Authors: Pritam Kumar Ghosh

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The phenomenon of inter-country parental child removal and the protection of children against removal from lawful custody by their own parents has been a major issue over the last five decades. This occurs when parents take away their children during pending divorce and custody proceedings or in violation of pre-existing foreign or Indian custody orders through which they may have obtained visitation rights only after divorce but not permanent custody. Even though considerable efforts have been made by the Indian judiciary to resolve the issue, a lot is still left to be desired. A study of the spate of judicial decisions on the issue since 1970 reveals that judges have attempted to resolve the issue mainly through the application of the existing personal law regime and the principle of the best interest of the child. This has made the position of law extremely confusing. The existing precedential jurisprudence contains a wide variety of custody orders in the name of enforcement of the paramount consideration of the best interest and welfare of children. The problem is aggravated by the fact that India has decided not to accede to the Hague Abduction Convention of 1980, which is the main international instrument combating the issue. In this context, the paper discusses the reasons behind the rising instances of inter-country parental child removals. It then goes on to analyze the existing jurisprudence of international child custody disputes in India, which have come before courts post-removal of children from lawful custody. The paper concludes by suggesting essential reforms in the existing Indian legal framework governing the issue. In the process, the paper proposes new legislation for India governing inter-country parental child removals and subsequent custody disputes. The possible structure and content of this new law shall also be outlined as a part of the paper.

Keywords: custody, dispute, child removal, Hague convention

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Authors: Gwyneth Bernier

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An authoritative literature review of peer-reviewed journals and edited books on East African refugees' coping strategies identifies the four most common coping skills among this group as the following: (1) relying on faith, religion, or another belief system, (2) turning to communities or social supports, (3) cognitive reframing--in other words, finding meaning in one's traumas or hardships--and (4) finding hope for the future, especially through education. However, this review recognizes that there are gaps in knowledge in this field and that the validity of these general findings must be further investigated in East African refugees who are women, have not been resettled in Western countries, and belong to specific nationality groups. This review also suggests studies that build on the current body of research begin to use qualitative methods of data collection and analysis. This paper aims to bridge part of that gap in understanding using a qualitative methodology. Specifically, it provides a more holistic view of East African refugees' psychological coping mechanisms through its analysis of trends observed across life story interviews from two participant groups: Sudanese refugee women in Cairo's informal settlements, Egypt and Congolese refugee women in Rwanda's Mahama camp.

Keywords: Congolese refugees, coping mechanisms, refugee women, Sudanese refugees

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Authors: Ratnakar Mahajan, Matteo Lelli, Kinjal Parmar

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Ground improvement is a very important aspect of infrastructure development, especially when it comes to deep-ground improvement. The use of various geosynthetic applications is very common these days for ground improvement. This paper presents a case study where the combination of two geosynthetic applications was used in order to optimize the design as well as to control the settlements through uniform load distribution. The Agartala-Akaura rail project was made to help increase railway connectivity between India and Bangladesh. Both countries have started the construction of the same. The project requires high railway embankments to be built for the rail link. However, the challenge was to design a proper ground improvement solution as the entire area comprises very soft soil for an average depth of 15m. After due diligence, a combination of two methods was worked out by Maccaferri. PVDs were provided for the consolidation, and on top of that, a layer of high-strength geogrids (Paralink) was proposed as a basal reinforcement. The design approach was followed as described in Indian standards as well as British standards. By introducing a basal reinforcement, the spacing of PVDs could be increased, which allowed quick installation and less material consumption while keeping the consolidation time within the project duration.

Keywords: ground improvement, basal reinforcement, PVDs, high strength geogrids, Paralink

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Authors: Lojain Suliman, Xinrong Liu, Xiaohan Zhou

Abstract:

Since most tunnels are built in crowded metropolitan settings, the excavation process must take place in highly condensed locations, including high-density cities. In this way, the tunnels are typically located close together, which leads to more interaction between the parallel existing tunnels, and this, in turn, leads to more settlement. This research presents an examination of the impact of a large-scale tunnel excavation on two forms of settlement: surface settlement and settlement surrounding the tunnel. Additionally, research has been done on the properties of interactions between two and three parallel tunnels. The settlement has been evaluated using three primary techniques: theoretical modeling, numerical simulation, and data monitoring. Additionally, a parametric investigation on how distance affects the settlement characteristic for parallel tunnels with short distances has been completed. Additionally, it has been observed that the sequence of excavation has an impact on the behavior of settlements. Nevertheless, a comparison of the model test and numerical simulation yields significant agreement in terms of settlement trend and value. Additionally, when compared to the FEM study, the suggested analytical solution exhibits reduced sensitivity in the settlement prediction. For example, the settlement of the small tunnel diameter does not appear clearly on the settlement curve, while it is notable in the FEM analysis. It is advised, however, that additional studies be conducted in the future employing analytical solutions for settlement prediction for parallel tunnels.

Keywords: settlement, FEM, analytical solution, parallel tunnels

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Authors: Amal Alatar

Abstract:

The paper focuses on the exploration of architectural characteristics and decorative elements of the temple of Echmun, emphasizing the socio-economic significance of Sidon during the Greek and Roman periods to understand the implications of their spread and development on the Phoenician cities, as well as reveal the symbolical and societal connotations that may have been connected with the buildings, in order to allow a well-founded examination of common characteristics. In general, studying Phoenician archaeology posed some problems. The main problem is that most major Phoenician settlements lay beneath modern urban centers. This situation often prevented or largely restricted full archaeological investigations; the publications are frequently not complete enough to determine the basic characteristics of the architectural elements. Another key problem is the political instability of the region, which affected the archaeological research in the Phoenician homeland for many years. Nevertheless, during the past decades, an ever-growing cache of data was acquired from the archaeological surroundings of the Phoenician sites. Both the architectural elements from the Greek and Roman period have never been studied as a group before. Surprisingly, they have been largely ignored, despite their apparent profusion throughout the cities. The Roman period of Sidon has generally been neglected in preference to earlier periods, where it is often difficult to distinguish between Roman, Bronze age, medieval and Ottoman structures.

Keywords: archaeology, classical, Hellenistic, Eshmun Temple, architecture, Sidon, Lebanon

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Authors: Mubashra Shaheen

Abstract:

The conflict over the South China Sea (SCS) is a complex imbroglio spanning over several territorial and maritime claims involving two major island groups, the Paracels and the Spratlys. It has become a major source of geopolitical competition between the United States and China. The study's overall objective is to understand China's land reclamations and assertive behavior in the South China Sea, which lies between both the Western Pacific and the Indian Ocean. Over half of global commerce passes through these waterways, which host a great amount of marine life and hydrocarbon deposits. China's sand-filling and island-building strategy in the South China Sea is motivated by its goal of privatizing all these riches as well as the routes. It would raise China to the pinnacle of world power status as well as allow it to threaten the dominance of the U.S. The study will examine China's assertive behavior and modernization plans as well as the United States' quest for supremacy through the lens of realists. While using a qualitative method of analysis, the study will examine China's nine-dash line claims and Exclusive Economic Zones (EEZs), UNCLOS, and U.S.-China divergence over international law considerations to pacify the tensions in the South China Sea. This paper is intended to explore the possible answers to the following questions: (1) Why does China’s rise necessitate the US's efforts to contain and encircle it through the lending of a hand to strategic partners and allies in the South China Sea? (2) Why South China Sea dispute is so complex imbroglio? (3) What are US-China international law considerations regarding the South China Sea? The study will further follow the bellow research procedure: 1: Comparative Legal Method: This method simply chalk-outs the follow of few steps that discarnate the positive and negative effects of the great power competitions. 2: Conceptualization: The conceptualization of the policies of containment defines and differentiates two different problems behind the persuasive means of hegemony and dominance in the strategic milieu.

Keywords: us, china, south china sea, unclos

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Authors: M. Wangai

Abstract:

Following the promulgation of a new Constitution of Kenya in 2010, wide-ranging proposals for reform of the criminal justice system have been made. Proposed measures include a clear and separate system of dealing with juvenile offenders with a greater focus on rehabilitation and reintegration. As part of a broader constitutional transition, this article considers the contribution of restorative justice to reforming the youth justice system. The paper analyses Kenya’s juvenile justice legal framework measured against current international trends in youth justice. It identifies the first post-independence juvenile justice system as a remnant of the colonial period and notes that the post-2001 system is a marked improvement. More recent legal and institutional efforts to incorporate restorative justice are also examined. The paper advocates further development of the juvenile justice system by mainstreaming of restorative justice principles through national level legislative amendments. International and comparative perspectives are used to inform a diversion centered model of restorative justice. In addition, a case is made for the use of existing forms of alternative dispute resolution. Conscious of a tense political climate, the paper also proposes strategies to address challenges posed by a punitive penal environment, chiefly the linking of restorative justice to wider democratic goals and community spirit. The article concludes that restorative justice led juvenile justice reform will contribute to better treatment of young offenders under the criminal justice system and has the potential to set a new precedent for fair, sustainable and effective justice. Further, as part of far-reaching criminal justice reform, the proposed efforts may strengthen democratic progress in Kenya’s ensuing phase of political transition.

Keywords: constitutional transition, criminal justice, restorative justice, young offenders

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Authors: Marwa Ben Khalifa, Zeineb Ben Salem, Wissem Frikha

Abstract:

This paper presents a case study of “Radès la Goulette” bridge project using the technique of prefabricated vertical drains (PVD) associated with step by step construction of preloading embankments with averaged height of about 6 m. These embankments are founded on a highly compressible layer of Tunis soft soil. The construction steps included extensive soil instrumentation such as piezometers and settlement plates for monitoring the dissipation of excess pore water pressures and settlement during the consolidation of Tunis soft soil. An axisymmetric numerical model using the 2D finite difference code FLAC was developed and calibrated using laboratory tests to predict the soil behavior and consolidation settlements. The constitutive model impact for simulating the soft soil behavior is investigated. The results of analyses show that numerical analysis provided satisfactory predictions for the field performance during the construction of Radès la Goulette embankment. The obtained results show the effectiveness of PVD in the acceleration of the consolidation time. A comparison of numerical results with theoretical analysis was presented.

Keywords: tunis soft soil, radès bridge project, prefabricated vertical drains, FLAC, acceleration of consolidation

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