Search results for: land rights

Authors: D. T. Chabalala, J. M. Ndambuki, M. F. Ilunga

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Sedimentation includes the processes of erosion, transportation, deposition, and the compaction of sediment. Sedimentation in reservoir results in a decrease in water storage capacity, downstream problems involving aggregation and degradation, blockage of the intake, and change in water quality. A study was conducted in Caledon River catchment in the upstream of Welbedacht Reservoir located in the South Eastern part of Free State province, South Africa. The aim of this research was to investigate and develop a model for an Integrated Catchment Modelling of Sedimentation processes and management for the Welbedacht reservoir. Revised Universal Soil Loss Equation (RUSLE) was applied to determine sources of sediment at different areas of the catchment. The model has been also used to determine the impact of changes from management practice on erosion generation. The results revealed that the main sources of sediment in the watershed are cultivated land (273 ton per hectare), built up and forest (103.3 ton per hectare), and grassland, degraded land, mining and quarry (3.9, 9.8 and 5.3 ton per hectare) respectively. After application of soil conservation practices to developed Revised Universal Soil Loss Equation model, the results revealed that the total average annual soil loss in the catchment decreased by 76% and sediment yield from cultivated land decreased by 75%, while the built up and forest area decreased by 42% and 99% respectively. Thus, results of this study will be used by government departments in order to develop sustainable policies.

Keywords: Welbedacht reservoir, sedimentation, RUSLE, Caledon River

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Authors: Sheheryar Khan, Weidong Li, Fanqian Meng

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The Urban Heat Island (UHI) effect is one of the foremost problems out of other ecological and socioeconomic issues in urbanization. Due to this phenomenon that human-made urban areas have replaced the rural landscape with the surface that increases thermal conductivity and urban warmth; as a result, the temperature in the city is higher than in the surrounding rural areas. To affect the evidence of this phenomenon in the Zhengzhou city area, an observation of the temperature variations in the urban area is done through a scientific method that has been followed. Landsat 8 satellite images were taken from 2013 to 2015 to calculate the effect of Urban Heat Island (UHI) along with the NPP-VRRIS night-time remote sensing data to analyze the result for a better understanding of the center of the built-up area. To further support the evidence, the correlation between land surface temperatures and the normalized difference vegetation index (NDVI) was calculated using the Red band 4 and Near-infrared band 5 of the Landsat 8 data. Mono-window algorithm was applied to retrieve the land surface temperature (LST) distribution from the Landsat 8 data using Band 10 and 11 accordingly to convert the top-of-atmosphere radiance (TOA) and to convert the satellite brightness temperature. Along with Landsat 8 data, NPP-VIIRS night-light data is preprocessed to get the research area data. The analysis between Landsat 8 data and NPP night-light data was taken to compare the output center of the Built-up area of Zhengzhou city.

Keywords: built-up area, land surface temperature, mono-window algorithm, NDVI, remote sensing, threshold method, Zhengzhou

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Authors: Siripen Yiamjanya, Kevin Wongleedee

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This research paper aims to identify travel motivation by push and pull factors that affected decision making of international tourists in selecting Thailand as their destination choice. A total of 200 international tourists who traveled to Thailand during January and February, 2014 were used as the sample in this study. A questionnaire was employed as a tool in collecting the data, conducted in Bangkok. The list consisted of 30 attributes representing both psychological factors as “push- based factors” and destination factors as “pull-based factors”. Mean and standard deviation were used in order to find the top ten travel motives that were important determinants in the respondents’ decision making process to select Thailand as their destination choice. The finding revealed the top ten travel motivations influencing international tourists to select Thailand as their destination choice included [i] getting experience in foreign land; [ii] Thai food; [iii] learning new culture; [iv] relaxing in foreign land; [v] wanting to learn new things; [vi] being interested in Thai culture, and traditional markets; [vii] escaping from same daily life; [viii] enjoying activities; [ix] adventure; and [x] good weather. Classification of push- based and pull- based motives suggested that getting experience in foreign land was the most important push motive for international tourists to travel, while Thai food portrayed its highest significance as pull motive. Discussion and suggestions were also made for tourism industry of Thailand.

Keywords: decision making, destination choice, international tourist, pull factor, push factor, Thailand, travel motivation

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Authors: Gebremedhin Kiros, Amba Shetty, Lakshman Nandagiri

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Soil erosion is a major threat to the sustainability of land and water resources in the catchment and there is a need to identify critical areas of erosion so that suitable conservation measures may be adopted. The present study was taken up to understand the temporal and spatial distribution of soil erosion and daily sediment yield in Geba catchment (5137 km2) located in the Northern Highlands of Ethiopia. Soil and Water Assessment Tool (SWAT) was applied to the Geba catchment using data pertaining to rainfall, climate, soils, topography and land use/land cover (LU/LC) for the historical period 2000-2013. LU/LC distribution in the catchment was characterized using LANDSAT satellite imagery and the GIS-based ArcSWAT version of the model. The model was calibrated and validated using sediment concentration measurements made at the catchment outlet. The catchment was divided into 13 sub-basins and based on estimated soil erosion, these were prioritized on the basis of susceptibility to soil erosion. Model results indicated that the average sediment yield estimated of the catchment was 12.23 tons/ha/yr. The generated soil loss map indicated that a large portion of the catchment has high erosion rates resulting in significantly large sediment yield at the outlet. Steep and unstable terrain, the occurrence of highly erodible soils and low vegetation cover appeared to favor high soil erosion. Results obtained from this study prove useful in adopting in targeted soil and water conservation measures and promote sustainable management of natural resources in the Geba and similar catchments in the region.

Keywords: Ethiopia, Geba catchment, MUSLE, sediment yield, SWAT Model

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Authors: Yassir Abdelrazig, Ren Moses

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Roadway planning and design is a very complex process involving five key phases before a project is completed; planning, project development, final design, right-of-way, and construction. The planning phase for a new roadway transportation project is a very critical phase as it greatly affects all latter phases of the project. A location study is usually performed during the preliminary planning phase in a new roadway project. The objective of the location study is to develop alignment alternatives that are cost efficient considering land acquisition and construction costs. This paper describes a methodology to develop optimal preliminary roadway alignments utilizing spatial-data. Four optimization criteria are taken into consideration; roadway length, land cost, land slope, and environmental impacts. The basic concept of the methodology is to convert the proposed project area into a grid, which represents the search space for an optimal alignment. The aforementioned optimization criteria are represented in each of the grid’s cells. A spatial-data optimization technique is utilized to find the optimal alignment in the search space based on the four optimization criteria. Two case studies for new roadway projects in Duval County in the State of Florida are presented to illustrate the methodology. The optimization output alignments are compared to the proposed Florida Department of Transportation (FDOT) alignments. The comparison is based on right-of-way costs for the alignments. For both case studies, the right-of-way costs for the developed optimal alignments were found to be significantly lower than the FDOT alignments.

Keywords: gemoetric design, optimization, planning, roadway planning, roadway design

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Authors: Farida Ibrahim

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Right to information is the public's right to know through having access to public information held by state bodies. Recognized as a cornerstone in transparent, participatory and open democracies, the right to information is increasingly perceived today as an emerging human right on the international level. While this right is conceptualized in a range of different contexts, the paper focuses on its conceptualization as a force for socio-economic change for disadvantaged groups. The paper's goal is study the instrumental capacity of this right in empowering the public to access state-held information pertinent to their socio-economic rights. In this regard, the paper views the right to information as an inclusionary tool that is capable of spurring inclusion for individuals excluded from the ambits of both: public participation and social justice. For exploring this, the paper examines the advocacy role played by civil society groups in furthering this instrumental capacity. In particular, the paper presents a focused account on the Egyptian case. While Egypt has recently adopted its constitutional provision on access to information, doubts arise on Egyptian citizens' genuine ability to access information held by state bodies. The politico-economic environment, long term culture of bureaucratic secrecy, and legal framework do not provide promising outcomes on access to public information. Within the particular context of the Egyptian case, this paper questions the extent to which civil society in Egypt is capable of instrumentally employing the political opportunity offered by the constitutional entitlement to information access for pressuring public authorities to disclose information. Through four lawsuits brought by civil society groups in Egypt, the paper argues that the right to information has instrumentally provided civil society actors with new domains of mobilization for furthering the realization of social and economic rights, and ultimately, for renegotiating a new social order lining the relationship between the Egyptian state and its citizens marginalized by socio-economic imbalances.

Keywords: civil society, Egypt, right to information, socio-economic rights

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Authors: Arnesh Vijay

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Ever since its early introduction in the late 1980s, the mobile industry has been rapidly evolving with each passing year. The development witnessed is not just in its ability to support diverse applications, but also its extension into diverse technological means to access and offer various services to users. Amongst the various technologies present, radio systems have clearly emerged as a strong contender, due to its fine attributes of accessibility, reachability, interactiveness, and cost efficiency. These advancements have no doubt guaranteed unprecedented ease, utility and sophistication to the cell phone users, but caused uncertainty due to the interdependence of various systems, making it extremely complicated to exactly map concepts on to 3GPP (3rd Generation Partnership Project) standards. Although the close interrelation and interdependence of intellectual property rights and mobile standard specifications have been widely acknowledged by the technical and legal community; there, however, is a requirement for clear distinction between the scope and future-proof of inventions to influence standards and its market place adoptability. For this, collaborative work is required between intellectual property professionals, researchers, standardization specialists and country specific legal experts. With the evolution into next generation mobile technology, i.e., to 5G systems, there is a need for further work to be done in this field, which has been felt now more than ever before. Based on these lines, this poster will briefly describe the importance of intellectual property rights in the European market. More specifically, will analyse the role played by intellectual property in various standardization institutes, such as 3GPP (3rd generation partnership project) and ITU (International Telecommunications Union). The main intention: to ensure the scope and purpose is well defined, and concerned parties on all four sides are well informed on the clear significance of good proposals which not only bring economic revenue to the company but those that are capable of improving the technology and offer better services to mankind. The poster will comprise different sections. The first segment begins with a background on the rapidly evolving mobile technology, with a brief insight on the industrial impact of standards and its relation to intellectual property rights. Next, section two will succinctly outline the interplay between patents and standards; explicitly discussing the ever changing and rapidly evolving relationship between the two sectors. Then the remaining sections will examine ITU and its role played in international standards development, touching upon the various standardization process and the common patent policies and related guidelines. Finally, it proposes ways to improve the collaboration amongst various sectors for a more evolved and sophisticated next generation mobile telecommunication system. The sole purpose here is to discuss methods to reduce the gap and enhance the exchange of information between the two sectors to offer advanced technologies and services to mankind.

Keywords: mobile technology, mobile standards, intellectual property rights, 3GPP

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Authors: S. K. Gali

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Spentwash, An effluent of distillery is an environmental pollutant because of its high load of pollutants (pH: 2-4; BOD>40,000 mg/l, COD>100,000mg/l and TDS >70,000mg/l). But However, after subjecting it to primary treatment (bio-methanation), Its pollutant load gets drastically reduced (pH: 7.5-8.5, BOD<10,000 mg/l) and could be disposed off safely as a source of organic matter and plant nutrients for crop production. With the consent of State Pollution Control Board, the distilleries in Karnataka are taking up ‘one time controlled land application’ of bio-methanated spentwash in farmers’ fields. A monitoring study was undertaken in Belgaum district of Karnataka State with an objective of studying the effect of land application of bio-methanated spent wash of a distillery on soil properties and crop growth. The treated spentwash was applied uniformly to the fallow dry lands in different farmers’ fields during summer, 2012 at recommended rate (based on nitrogen requirement of crops). The application was made at least a fortnight before sowing/planting operations. The analysis of soils collected before land application of spentwash and after harvest of crops revealed that there was no adverse effect of applied spentwash on soil characteristics. A slight build up in soluble salts was observed but, however all the soils recorded EC of less than 2.0 dSm-1. An increase in soil organic carbon (SOC) and available nitrogen (N) by about 10 to 30 % was observed in the spentwash applied soils. The presence of good amount of biodegradable organics in the treated spentwash (BOD of 6550 mg/l) contributed for increase in SOC and N. A substantial build up in available potassium (K) status (50 to 200%) was observed due to spentwash application. This was attributed to the high K content in spentwash (6950 mg/l). The growth of crops in the spentwash applied fields was higher and farmers could get nearly 10 to 20 per cent higher yields, especially in sugarcane and corn. The analysis of ground water samples showed that the quality of water was not affected due to land application of treated spentwash. Apart from realizing higher crop yields, the farmers were able to save money on N and K fertilisers as the applied spentwash met the crop requirement. Hence, it could be concluded that the bio-methanated distillery spentwash can be gainfully utilized in crop production without polluting the environment.

Keywords: bio-methanation, pollutant, potassium status, soil organic carbon

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Authors: Celine Jaspers

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The Belgian legal system is slowly evolving to mandatory mediation to promote ADR. One of the reasons for this evolution is the lack of use of alternative methods in relation to their possible benefits. Especially in divorce cases, ADR can play a beneficial role in resolving disputes, since the emotional component is very much present. When children are involved, a solution provided by the parent may be more adapted to the child’s best interest than a court order. In the first part, the lack of use of voluntary ADR and the evolution toward mandatory ADR in Belgium will be indicated by sources of legislation, jurisprudence and social-scientific sources, with special attention to divorce cases. One of the reasons is lack of knowledge on ADR, despite the continuing efforts of the Belgian legislator to promote ADR. One of the last acts of ADR-promotion, was the implementation of an Act in 2018 which gives the judge the possibility to refer parties to mediation if at least one party wants to during the judicial procedure. This referral is subject to some conditions. The parties will be sent to a private mediator, recognized by the Federal Mediation Commission, to try to resolve their conflict. This means that at least one party can be mandated to try mediation (indicated as “semi-mandatory mediation”). The main goal is to establish the factors and elements that Belgium has to take into account in their further development of mandatory ADR, with consideration of the human rights perspective and the EU perspective. Furthermore it is also essential to detect some dangerous pitfalls other systems have encountered with their process design. Therefore, the second part, the comparative component, will discuss the existing framework in California, USA to establish the necessary elements, possible pitfalls and considerations the Belgian legislator can take into account when further developing the framework of mandatory ADR. The contrasting and functional method will be used to create key elements and possible pitfalls, to help Belgium improve its existing framework. The existing mandatory system in California has been in place since 1981 and is still up and running, and can thus provide valuable lessons and considerations for the Belgian system. Thirdly, the key elements from a human rights perspective and from a European Union perspective (e.g. the right to access to a judge, the right to privacy) will be discussed too, since the basic human rights and European legislation and jurisprudence play a significant part in Belgian legislation as well. The main sources for this part will be the international and European treaties, legislation, jurisprudence and soft law. In the last and concluding part, the paper will list the most important elements of a mandatory ADR-system design with special attention to the dangers of these elements (e.g. to include or exclude domestic violence cases in the mandatory ADR-framework and the consequences thereof), and with special attention for the necessary the international and European rights, prohibitions and guidelines.

Keywords: Belgium, divorce, framework, mandatory ADR

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Authors: Sandeep J. Kumar

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Urbanisation is considered as the primary driver of land use and land cover change that has direct link to population and economic growth. In India, as well as in other developing countries, cities are urbanizing at an alarming rate. This unprecedented and uncontrolled urbanisation can result in urban sprawl. Due to a number of factors, urban sprawl is recognised to be a result of poor planning, inadequate policies, and poor governance. Urban sprawl may be seen as posing a threat to the development of sustainable cities. Hence, it is very essential to manage this. Planning for predicted future growth is critical to avoid the negative effects of urban growth at the local and regional levels. Thiruvananthapuram being the capital city of Kerala is a city of economic success, challenges, and opportunities. Urbanization trends in the city have paved way for Urban Sprawl. This thesis aims to formulate a framework to combat the emerging urban sprawl in the city of Thiruvananthapuram. For that, the first step was to quantify trends of urban growth in Thiruvananthapuram city using Geographical Information System(GIS) and remote sensing techniques. The technique and results obtained in the study are extremely valuable in analysing the land use changes. Secondly, these change in the trends were analysed through some of the critical factors that helped the study to understand the underlying issues of the existing city structure that has resulted in urban sprawl. Anticipating development trends can modify the current order. This can be productively resolved using regional and municipal planning and management strategies. Hence efficient strategies to curb the sprawl in Thiruvananthapuram city have been formulated in this study that can be considered as recommendations for future planning.

Keywords: urbanisation, urban sprawl, geographical information system(GIS), thiruvananthapuram

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Authors: Ali Reza Vaezi, Ouldouz Bakhshi Rad

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Gully erosion is a widespread and often dramatic form of soil erosion caused by water during and immediately after heavy rainfall. It occurs when flowing surface water is channelled across unprotected land and washes away the soil along the drainage lines. The formation of gully is influenced by various factors, including climate, drainage surface area, slope gradient, vegetation cover, land use, and soil properties. It is a very important problem in semi-arid regions, where soils have lower organic matter and are weakly aggregated. Intensive agriculture and tillage along the slope can accelerate soil erosion by water in the region. There is little information on the development of gully erosion in agricultural rainfed areas. Therefore, this study was carried out to investigate the relationship between gully erosion and morphometric characteristics of the drainage area and the effects of soil properties and soil management factors (land use and tillage method) on gully development. A field study was done in a 900 km2 agricultural area in Hshtroud township located in the south of East Azarbijan province, NW Iran. Toward this, two hundred twenty-two gullies created in rainfed lands were found in the area. Some properties of gullies, consisting of length, width, depth, height difference, cross section area, and volume, were determined. Drainage areas for each or some gullies were determined, and their boundaries were drawn. Additionally, the surface area of each drainage, land use, tillage direction, and soil properties that may affect gully formation were determined. The soil erodibility factor (K) defined in the Universal Soil Loss Equation (USLE) was estimated based on five soil properties (silt and very fine sand, coarse sand, organic matter, soil structure code, and soil permeability). Gully development in each drainage area was quantified using its volume and soil loss. The dependency of gully development on drainage area characteristics (surface area, land use, tillage direction, and soil properties) was determined using correlation matrix analysis. Based on the results, gully length was the most important morphometric characteristic indicating the development of gully erosion in the lands. Gully development in the area was related to slope gradient (r= -0.26), surface area (r= 0.71), the area of rainfed lands (r= 0.23), and the area of rainfed tilled along the slope (r= 0.24). Nevertheless, its correlation with the area of pasture and soil erodibility factor (K) was not significant. Among the characteristics of drainage area, surface area is the major factor controlling gully volume in the agricultural land. No significant correlation was found between gully erosion and soil erodibility factor (K) estimated by the Universal Soil Loss Equation (USLE). It seems the estimated soil erodibility can’t describe the susceptibility of the study soils to the gully erosion process. In these soils, aggregate stability and soil permeability are the two soil physical properties that affect the actual soil erodibility and in consequence, these soil properties can control gully erosion in the rainfed lands.

Keywords: agricultural area, gully properties, soil structure, USLE

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Authors: Mauro Cristeche

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This work begins with a very simple question: How does the State spend? Argentina is witnessing a process of growing nationalization of social life, so it is necessary to find out the explanations of the phenomenon on the specific dynamic of the capitalist mode of production in Argentina and its transformations in the last decades. Then the new question is: what happened in Argentina that could explain this phenomenon? Since the seventies, the capital growth in Argentina faces deep competitive problems. Until that moment the agrarian wealth had worked as a compensation mechanism, but it began to find its limits. In the meantime, some important demographical and structural changes had happened. The strategy of the capitalist class had to become to seek in the cheapness of the labor force the main source of compensation of its weakness. As a result, a tendency to worsen the living conditions and fragmentation of the working class started to develop, manifested by unemployment, underemployment, and the fall of the purchasing power of the salary as a highlighted fact. As a consequence, it is suggested that the role of the State became stronger and public expenditure increased, as a historical trend, because it has to intervene to face the contradictions and constant growth problems posed by the development of capitalism in Argentina. On the one hand, the State has to guarantee the process of buying the cheapened workforce and at the same time the process of reproduction of the working class. On the other hand, it has to help to reproduce the individual capitals but needs to ‘attack’ them in different ways. This is why the role of the State is said to be the general political representative to the national portion of the total social capital. What will be studied is the dynamic of the intervention of the Argentine State in the context of the particular national process of capital growth, and its dynamics in the last decades. What this paper wants to show are the main general causes that could explain the phenomenon of nationalization of the social life and how it has impacted the life conditions of the working class and the system of rights.

Keywords: Argentina, nationalization, public policies, rights, state

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Authors: Diep Thanh Tung, Joachim Aurbacher

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This study aims to measure the level of on-farm diversification in Vietnam. The empirical results of the research carried out reflect regional differences in terms of on-farm diversification and its determinants. Households in the northern regions have adapted to the fragmented and small-sized parcels of land held by diversifying their on-farm activities. In contrast, the Mekong delta region in the south of Vietnam is characterized by larger agricultural parcels and a specialization in rice production. Land use fragmentation, as reflected by a large number of plots in a given area, is one of the most important reasons for the high levels of on-farm diversification seen, while the higher share of non-farm income in total income is the reason of lower levels of on-farm diversification. Households have reacted to natural and economic shocks by diversifying their on-farm activities. The non-stationary Markov chain model used here shows various diversification scenarios and trends. In most cases, on-farm diversification generally tends to reduce over the next few years.

Keywords: diversification, simpson index, fixed effects, non-stationary markov chain

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Authors: A. Bensaid, T. Mostephaoui, R. Nedjai

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A considerable area of Algerian lands is threatened by the phenomenon of wind erosion. For a long time, wind erosion and its associated harmful effects on the natural environment have posed a serious threat, especially in the arid regions of the country. In recent years, as a result of increases in the irrational exploitation of natural resources (fodder) and extensive land clearing, wind erosion has particularly accentuated. The extent of degradation in the arid region of the Algerian Mecheria department generated a new situation characterized by the reduction of vegetation cover, the decrease of land productivity, as well as sand encroachment on urban development zones. In this study, we attempt to investigate the potential of remote sensing and geographic information systems for detecting the spatial dynamics of the ancient dune cords based on the numerical processing of LANDSAT images (5, 7, and 8) of three scenes 197/37, 198/36 and 198/37 for the year 2020. As a second step, we prospect the use of geospatial techniques to monitor the progression of sand dunes on developed (urban) lands as well as on the formation of sandy accumulations (dune, dunes fields, nebkha, barkhane, etc.). For this purpose, this study made use of the semi-automatic processing method for the dynamic segmentation of images with very high spatial resolution (SENTINEL-2 and Google Earth). This study was able to demonstrate that urban lands under current conditions are located in sand transit zones that are mobilized by the winds from the northwest and southwest directions.

Keywords: land development, GIS, segmentation, remote sensing

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Authors: Tecla Rita Karendi, Andy Cons Matata

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Although before and at the advent of colonial administration, several women such as Mekatilili wa Menza and Muthoni Nyanjiru took up leadership positions in resisting the colonial administration. Kenya is generally considered a patriarchal society. Many women who tried to take up positions of leadership in postcolonial Kenya, such as the Nobel Prize winner Wangari Maathai, were branded as prostitutes or generally immoral women. However, the Constitution of Kenya, 2010, has since made a huge impact not only in the area of affirmative action but also in various aspects of the feminist legal theory such as the constitutional requirement that no more than two-thirds of the members of the elective or appointive bodies should be of the same gender. This favours women who are often sidelined in elective posts such as parliament or county assemblies and state-appointed posts in the parastatals and commissions. The constitution also recognizes the right to abortion, which was outrightly outlawed in the independence constitution. Certain practices adverse to women’s health, such as wife inheritance, female genital mutilation, and property rights, are either outlawed or framed to recognized women’s rights. The education of the girl-child is also now considered a priority, unlike in the past. Despite these developments, a lot remains to be done.

Keywords: feminist legal theory, constitution of Kenya, 2010, affirmative action, leadership

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Authors: Yujie Zhang

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There are debates around the legitimacy of capital punishment, i.e., whether death could serve as a proper execution in our legal system or not. Different arguments have been raised. However, none of them seem able to provide a determined answer to the issue; this results in a lack of instruction in the legal practice. This article, therefore, devotes itself to the effort to find such an answer. It takes the perspective of rights, through interpreting the concept of right to life, which capital punishment appears to be in confliction with in the two traditional approaches, to reveal a possibly best account of the right and its conclusion on capital punishment. However, this effort is not a normative one which focuses on what ought to be. It means the article does not try to work out which argument we should choose and solve the hot debate on whether capital punishment should be allowed or not. It, again, does not propose which perspective we should take to approach this issue or generally which account of right must be better; rather, it is more a thought experiment. It attempts to raise a new perspective to approach the issue of the legitimacy of capital punishment. Both its perspective and conclusion therefore are tentative: what if we view this issue in a way we have never tried before, for example the different accounts of right to life? In this sense, the perspective could be defied, while the conclusion could be rejected. Other perspectives and conclusions are also possible. Notwithstanding, this tentative perspective and account of the right still could not be denied from serving as a potential approach, since it does have the ability to provide us with a determined attitude toward capital punishment that is hard to achieve through existing arguments.

Keywords: capital punishment, right to life, theories of rights, the choice theory

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Authors: Benbelil-Tafoughalt Saida, Tababouchet Meriem

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The main goal of this study was to investigate the impact of anthropogenic activities on soil quality using the land snail Cantareusapertus as a bioindicator of heavy metal accumulation. Concentrations of cadmium, copper, and zinc were measured in various body organs, viz: viscera and foot of the land snail Cantareusapertus. The snails were collected from two different sites in the Bejaia region (Northeastern Algeria), exposed to different sources of contamination by trace metals. The first sampling site is an urban areas, and the second is characterized by heavy industry, a potential source of soil pollution via heavy metal contamination. The concentrations of heavy metal in all viscera and foot samples were measured using an atomic absorption spectrophotometer. Bioconcentration of the trace metals Cu, Zn, and Cd varied between the viscera and the foot with the viscera having the highest concentration (µgg-1) of all metals than the foots; Cu, 2.03 – 5.8 (Viscera), 0.05 – 3.30 (Foot), Zn, 23.64 – 45.02 (Viscera), 1.87 – 15.15 (Foot) and Cd, 0.36 – 15.26 (Viscera), 0.18 – 13.73 (Foot), which suggest that ingestion may be the main uptake route of these essential metals. On the other hand, the levels of heavy metals varied significantly among the sampling area (P<0.001). in fact, in the foots as well as in the viscera, the concentrations of all studied metals is significantly higher in the snails sampled from sites closest to potential sources of pollution compared to those collected from urban areas characterized by moderate pollution.

Keywords: anthropogenic activities, Bioconcentration, Cantareus apertus, trace metals

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Authors: Roslina Che Soh

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Best interest of the child has been the prevailing principle of the custody legislations of most nations in the world. The tremendous shift from parental rights to parental responsibilities throughout the centuries had made the principle of best interests of the child as the utmost matter which parents must uphold in child upbringing. Despite the commitment to this principle is significantly enshrined in the United Nation Convention on Rights of the Child, the content and application of the principle differs across borders. Differences persist notwithstanding many countries have experienced a substantial shift over the last several decades in the types of custodial arrangements that are thought to best serve children’s interests. The laws in Malaysia similarly uphold this principle but do not provide further deliberation on the principle itself. The principle is entirely developed by the courts through decided cases. Thus, this paper seeks to discuss the extent of the application of best interest of the child principle in custody disputes. In doing so, it attempts to provide an overview of the current laws and the approach of the Civil and the Shariah courts in Malaysia in applying the principle in determining custody disputes. For purposes of comparison, it briefly examines the legislations and the courts practices in Australia and England on this matter. The purpose is to determine the best standard to be adopted by Malaysia and to propose improvement to the laws whenever appropriate.

Keywords: child custody, best interest, Malaysian law, bioinformatics, biomedicine

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Authors: Vahid Asadzadeh, Amin Ataee

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Since the advent of social media, there has been a wave of optimism among researchers and civic activists about the influence of virtual networks on the democratization process, which has gradually waned. One of the lesser-known concerns is how to increase the possibility of hearing the voices of different minorities. According to the theory of media logic, the media, using their technological capabilities, act as a structure through which events and ideas are interpreted. Social media, through the use of the learning machine and the use of algorithms, has formed a kind of structure in which the voices of minorities and less popular topics are lost among the commotion of the trends. In fact, the recommended systems and algorithms used in social media are designed to help promote trends and make popular content more popular, and content that belongs to minorities is constantly marginalized. As social networks gradually play a more active role in politics, the possibility of freely participating in the reproduction and reinterpretation of structures in general and political structures in particular (as Laclau‎ and Mouffe had in mind‎) can be considered as criteria to democracy in action. The point is that the media logic of virtual networks is shaped by the rule and even the tyranny of the majority, and this logic does not make it possible to design a self-foundation and self-revolutionary model of democracy. In other words, today's social networks, though seemingly full of variety But they are governed by the logic of homogeneity, and they do not have the possibility of multiplicity as is the case in immanent radical democracies (influenced by Gilles Deleuze). However, with the emergence and increasing popularity of Clubhouse as a new social media, there seems to be a shift in the social media space, and that is the diminishing role of algorithms and systems reconditioners as content delivery interfaces. This has led to the fact that in the Clubhouse, the voices of minorities are better heard, and the diversity of political tendencies manifests itself better. The purpose of this article is to show, first, how social networks serve the elimination of minorities in general, and second, to argue that the media logic of social networks must adapt to new interpretations of democracy that give more space to minorities and human rights. Finally, this article will show how the Clubhouse serves the new interpretations of democracy at least in a minimal way. To achieve the mentioned goals, in this article by a descriptive-analytical method, first, the relation between media logic and postmodern democracy will be inquired. The political economy popularity in social media and its conflict with democracy will be discussed. Finally, it will be explored how the Clubhouse provides a new horizon for the concepts embodied in radical democracy, a horizon that more effectively serves the rights of minorities and human rights in general.

Keywords: algorithmic tyranny, Clubhouse, minority rights, radical democracy, social media

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Authors: Benbellil-Tafoughalt Saida, Tababouchet Meriem

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Sexual selection is the most supported explanation for genital extravagance occurring in animals. In promiscuous species, population density, as well as climate conditions, may act on the sperm competition intensity, one of the most important mechanism of post-copulatory sexual selection. The present study is empirical testing of sexual selection's potential role on genitalia variation in the simultanuously hermaphroditic land snail Helixaperta (Pulmonata, Stylommatophora). The purpose was to detect the patterns as well as the origin of the distal genitalia variability and especially to test the potential effect of sexual selection. The study was performed on four populations, H. aperta, different in habitat humidity regimes and presenting variable densities, which were mostly low. The organs of interest were those involved in spermatophore production, reception, and manipulation. We examined whether the evolution of those organs is connected to sperm competition intensity which is traduced by both population density and microclimate humidity. We also tested the hypothesis that those organs evolve in response to shell size. The results revealed remarkable differences in both snails’ size and organs lengths between populations. In most cases, the length of genitalia correlated positively to snails’ body size. Interestingly, snails from the more humid microclimate presented the highest mean weight and shell dimensions comparing to those from the less humid microclimate. However, we failed to establish any relation between snail densities and any of the measured genitalia traits.

Keywords: fertilization pouch, helix aperta, land snails, reproduction, sperm storage, spermatheca

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Authors: Priyal Sepaha

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A refugee crisis is manifested by challenges, both for the refugees and the asylum giving state. The situation turns into a mega-crisis when the situation is prejudicially handled by the home state, inappropriate refugee laws, exploding refugee population, and above all, no hope of any foreseeable solution or remedy. This paper studies the impact on the capability of stateless Rohingyas to migrate and seek refuge due to the enforcement of rigid criteria of movement imposed both by Myanmar as well as the adjoining countries in the name of national security. This theoretical study identifies the issues and the key factors and players which have precipitated the crisis. It further discusses the possible ramifications in the home, asylum giving, and the adjoining countries for not discharging their roles aptly. Additionally, an attempt has been made to understand the scarce response given to the impending crisis by the regional organizations like SAARC, ASEAN and CHOGAM as well as international organizations like United Nations Human Rights Council, Security Council, Office of High Commissioner for Refugees and so on, in the name of inadequacy of monetary funds and physical resources. Based on the refugee laws and practices pertaining to the case of Rohingyas, this paper analyses that the Rohingya Crisis is in dire need of an effective action plan to curb and resolve the biggest humanitarian crisis situation of the century. This mounting human tragedy can be mitigated permanently, by strengthening existing and creating new interdependencies among all stakeholders, as further ignorance can drive the countries of the Indian Sub-continent, in particular, and South East Asia, by and large into a violent civil war for seizing long-awaited civil rights by the marginalized Rohingyas. To curb this mass crisis, it will require the application of coercive pressure and diplomatic pursuance on the home country to acknowledge the rights of its fleeing citizens. This further necessitates mustering adequate monetary funds and physical resources for the asylum providing state. Additional challenges such as devising mechanisms for the refugee’s safe return, comprehensive planning for their holistic economic development and rehabilitation plan are needed. These, however, can only come into effect with a conscious strive by the regional and international community to fulfil their assigned role.

Keywords: asylum, citizenship, crisis, humanitarian, human rights, refugee, rohingya

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Authors: Muhammad Danyal Khan

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The standards of patentability are drawing a great impact upon medicine industry of Pakistan which is indirectly troubling the right to health of ordinary citizen. Globalization of intellectual property laws is directly impacting access to medicine for population in Pakistan. Pakistan has enacted Patent Ordinance 2000 to develop the standards of Patent laws in consonance with international commitments. Moreover, Pakistan is signatory to UN Millennium Development Goals (2000-2015), and three of them directly put stress upon the health standards. This article will provide a critical brief about implications of TRIPS Agreement on standards of health in Pakistan and will also propose a futuristic approach for the pharmaceutical industry. This paper will define the paradox of globalization and national preparedness on pharmaceutical patents utilizing industry statistics and case laws from Pakistan. Moreover, this work will contribute towards debate on access to medicine at legislative and interpretative levels that will further help development of equilibrium between pharmaceutical patents and right to health.

Keywords: TRIPS (Trade Related Intellectual Property Rights), patents, compulsory licensing, patent, lifesaving drugs, WTO, infringement

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Authors: Mona M. Salem, Khaled S. Al-Hagla, Hany M. Ayad

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The concept of urban metabolism has increasingly been employed in a diverse range of disciplines as a mean to analyze and theorize the city. Urban ecology has a particular focus on the implications of applying the metabolism concept to the urban realm. This approach has been developed by a few researchers, though it has rarely if ever been used in policy development for city planning. The aim of this research is to use ecologically informed urban planning interventions to increase the sustainability of urban metabolism; with special focus on land stock as a most important city resource by developing a system dynamic based DSS. This model identifies two critical management strategy variables for the Strategic Urban Plan Alexandria SUP 2032. As a result, this comprehensive and precise quantitative approach is needed to monitor, measure, evaluate and observe dynamic urban changes working as a decision support system (DSS) for policy making.

Keywords: ecology, land resource, LULCC, management, metabolism, model, scenarios, system dynamics, urban development

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Authors: Malik Abid Hussain Khokhar, Muhammad Adnan Tahir, Hisham Bin Hafeez Awan

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Continuous environmental determinism and climatic change in the entire globe due to increasing land surface temperature (LST) has become a vital phenomenon nowadays. LST is accelerating because of increasing greenhouse gases in the environment which results of melting down ice caps, ice sheets and glaciers. It has not only worse effects on vegetation and water bodies of the region but has also severe impacts on monsoon areas in the form of capricious rainfall and monsoon failure extensive precipitation. Environment can be monitored with the help of various geographic information systems (GIS) based algorithms i.e. SC (Single), DA (Dual Angle), Mao, Sobrino and SW (Split Window). Estimation of LST is very much possible from digital image processing of satellite imagery. This paper will encompass extraction of LST of Abbottabad using SW technique of GIS and Remote Sensing over last ten years by means of Landsat 7 ETM+ (Environmental Thematic Mapper) and Landsat 8 vide their Thermal Infrared (TIR Sensor) and Optical Land Imager (OLI sensor less Landsat 7 ETM+) having 100 m TIR resolution and 30 m Spectral Resolutions. These sensors have two TIR bands each; their emissivity and spectral radiance will be used as input statistics in SW algorithm for LST extraction. Emissivity will be derived from Normalized Difference Vegetation Index (NDVI) threshold methods using 2-5 bands of OLI with the help of e-cognition software, and spectral radiance will be extracted TIR Bands (Band 10-11 and Band 6 of Landsat 7 ETM+). Accuracy of results will be evaluated by weather data as well. The successive research will have a significant role for all tires of governing bodies related to climate change departments.

Keywords: environment, Landsat 8, SW Algorithm, TIR

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Authors: Claudia Huerta, Pepijn Doornenbal, Walaa Elsiddig

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Rising waves of nationalism around the world have led first-world migration receiving countries to exploit the ambiguity of international refugee law and establish asylum application processes that deter applications, allow for bureaucratic deniability, and violate human rights. This case study of Greek asylum application practices argues that the 'pre-application' asylum process in Greece violates the spirit of international law by making it incredibly difficult for potential asylum seekers to apply for asylum, in essence violating the human rights of thousands of asylum seekers. This study’s focus is on the Greek mainland’s asylum 'pre-application' process, which in 2016 began to require those wishing to apply for asylum to do so during extremely restricted hours via a basic Skype line. The average wait to simply begin the registration process to apply for asylum is 81 days, during which time applicants are forced to live illegally in Greece. This study’s methodology in analyzing the 'pre-application' process consists of hours of interviews with asylum seekers, NGOs, and the Asylum Service office on the ground in Athens, as well as an analysis of the Greek Asylum Service historical asylum registration statistics. This study presents three main findings: the delays associated with the Skype system in Greece are the result of system design, as proven by a statistical analysis of Greek asylum registrations, NGOs have been co-opted by the state to perform state functions during the process, and the government’s use of technology is both purposefully lazy and discriminatory. In conclusion, the study argues that such asylum practices are part of a pattern of first-world migration receiving countries policies’ which discourage asylum seekers from applying and fall short of the standards in international law.

Keywords: asylum, European Union, governance, Greece, irregular, migration, policy, refugee, Skype

Procedia PDF Downloads 127

Authors: Marcus Smith

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DNA profiling has made a valuable contribution to criminal investigations over the past thirty years. Direct matching DNA profiles from a crime scene and suspect, or between a suspect and a database remain of great importance to crimes such as murder, assault, and property theft. As scientific and technological advancement continues, a wide range of new DNA profiling applications has been developed. The application of new techniques involves an interesting balancing act between admitting probative evidence in a criminal trial, evaluating its degree of relevance and validity, and limiting its prejudicial impact. The impact of new DNA profiling applications that have significant implications for law enforcement and the legal system can be evaluated through a review of relevant case law, legislation and the latest empirical evidence from jurisdictions around the world including the United States, United Kingdom, and Australia. There are benefits in further examining the implications of these new developments, including how the criminal law can best be adapted to ensure that new technology is used to enhance criminal investigation and prosecution while ensuring it is applied in a measured way that respects individual rights and maintains principles of fairness enshrined in the legal system.

Keywords: criminal procedure, forensic evidence, DNA profiling, familial searching, phenotyping

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Authors: Mario Belseran

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The issue of climate change become world attention where one of them increase in air temperature due to greenhouse gas emissions. This climate change is caused by gases in the atmosphere, one of which is CO2. DKI Jakarta as the capital has a dense population with a variety of existing land use. Land use that is dominated by settlements resulting in fewer green space, which functions to absorb atmospheric CO2. Image interpretation SPOT-7 is used to determine the greenness level of vegetation on a green space using the vegetation index NDVI, EVI, GNDVI and OSAVI. Measuring the diameter and height of trees were also performed to obtain the value of biomass that will be used as the CO2 absorption value. The CO2 absorption value that spread in Jakarta are classified into three classes: high, medium, and low. The distribution pattern of CO2 absorption value at green space in Jakarta dominance in the medium class with the distribution pattern is located in South Jakarta, East Jakarta, North Jakarta and West Jakarta. The distribution pattern of green space in Jakarta scattered randomly and more dominate in East Jakarta and South Jakarta

Keywords: carbon dioxide, DKI Jakarta, green space, SPOT-7, vegetation index

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Authors: Mingbao Chen, Mingli Zhao

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The coastal zone is the intersection of land and sea system, and also is the connecting zone of the two economic systems of land and sea. In the world, all countries attach great importance to the coastal zone management and the coastal zone economy. In China, the government has developed a number of related coastal management policies and institutional, such as marine functional zoning, main function zoning, integrated coastal zone management, to ensure the sustainable utilization of the coastal zone and promote the development of coastal economic. However, in practice, the effect is not satisfactory. This paper analyses the coastal areas of coastal zone management on coastal economic growth contribution based on coastal areas economic development data with the 2007-2015 in China, which uses the method of the evaluation index system of coastal zone management institutional efficiency. The results show that the coastal zone management institutional objectives are not clear, and the institutional has high repeatability. At the same time, over management of coastal zone leads to low economic efficiency because the government management boundary is blurred.

Keywords: institutional overlap, over management, coastal zone management, coastal zone economy

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Authors: Inga Žukovaitė

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This work aims to present postdoc research on remote criminal proceedings in court in order to streamline the proceedings and, at the same time, ensure the effective participation of the parties in criminal proceedings and the court's obligation to administer substantive and procedural justice. This study tests the hypothesis that remote criminal proceedings do not in themselves violate the fundamental principles of criminal procedure; however, their implementation must ensure the right of the parties to effective legal remedies and a fair trial and, only then, must address the issues of procedural economy, speed and flexibility/functionality of the application of technologies. In order to ensure that changes in the regulation of criminal proceedings are in line with fair trial standards, this research will provide answers to the questions of what conditions -first of all, legal and only then organisational- are required for remote criminal proceedings to ensure respect for the parties and enable their effective participation in public proceedings, to create conditions for quality legal defence and its accessibility, to give a correct impression to the party that they are heard and that the court is impartial and fair. It also seeks to present the results of empirical research in the courts of Lithuania that was made by using the interview method. The research will serve as a basis for developing a theoretical model for remote criminal proceedings in the EU to ensure a balance between the intention to have innovative, cost-effective, and flexible criminal proceedings and the positive obligation of the State to ensure the rights of participants in proceedings to just and fair criminal proceedings. Moreover, developments in criminal proceedings also keep changing the image of the court itself; therefore, in the paper will create preconditions for future research on the impact of remote criminal proceedings on the trust in courts. The study aims at laying down the fundamentals for theoretical models of a remote hearing in criminal proceedings and at making recommendations for the safeguarding of human rights, in particular the rights of the accused, in such proceedings. The following criteria are relevant for the remote form of criminal proceedings: the purpose of judicial instance, the legal position of participants in proceedings, their vulnerability, and the nature of required legal protection. The content of the study consists of: 1. Identification of the factual and legal prerequisites for a decision to organise the entire criminal proceedings by remote means or to carry out one or several procedural actions by remote means 2. After analysing the legal regulation and practice concerning the application of the elements of remote criminal proceedings, distinguish the main legal safeguards for protection of the rights of the accused to ensure: (a) the right of effective participation in a court hearing; (b) the right of confidential consultation with the defence counsel; (c) the right of participation in the examination of evidence, in particular material evidence, as well as the right to question witnesses; and (d) the right to a public trial.

Keywords: remote criminal proceedings, fair trial, right to defence, technology progress

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Authors: V. R. Venugopal

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Human being evolved 200,000 years ago in an area which is now the Sahara desert and lived all along in the northern part of Africa. It was around 10,000 to15,00 years that he moved out of Africa. Various ancient civilizations – mainly the Egyptian, Mesopotamian, Indus valley and the Chinese yellow river valley civilizations - developed and perished till the beginning of the Christian era. Strangely the regions where all these civilizations flourished are no deserts. After the ancient civilizations the two major religions of the world the Christianity and Islam evolved. These too evolved in the regions of Jerusalem and Mecca which are now in the deserts of the present Israel and Saudi Arabia. Human activity since ancient age right from his origin was in areas which are now deserts. This is only because wherever Man lived in large numbers he has turned them into deserts. Unfortunately, this is not the case with the ancient days alone. Over the last 500 years the forest cover on the earth is reduced by 80 percent. Even more currently Just over the last forty decades human population has doubled but the number of bugs, beetles, worms and butterflies (micro fauna) have declined by 45%. Deforestation and defaunation are the first signs of desertification and Desertification is a process parallel to the extinction of life. There is every possibility that soon most of the earth will be in deserts. This writer has been involved in the process of forestation and increase of fauna as a profession since twenty years and this is a report of his efforts made in the process, the results obtained and concept generated to revert the ongoing desertification of this earth. This paper highlights how desertification can be reverted by applying these basic principles. 1) Man is not owner of this earth and has no right destroy vegetation and micro fauna. 2) Land owner shall not have the freedom to do anything that he wishes with the land. 3) The land that is under agriculture shall be reduced at least by a half. 4) Irrigation and modern technology shall be used for the forest growth also. 5) Farms shall have substantial permanent vegetation and the practice of all in all out shall stop.

Keywords: desertification, extinction, micro fauna, reverting

Procedia PDF Downloads 312