Search results for: land rights
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 3603

Search results for: land rights

3393 Racism In Indonesia: Case Study Racism Toward Papuan

Authors: Fikram Rettob

Abstract:

Racism is human rights violence that has been prohibited for long time ago. However, it is still happening in some part of the world, such as Indonesia. In this journal, the author is going to write about the racism toward Papuan which occurred in 2019 to 2021. The author found that the cause behind this human rights violence was the single assumption about race supremacy in Indonesia. Some people of Indonesia which are in Java that is near from central government believe that their race and the power are above other Indonesia’s race. In this research the author is using the concept of group or collectively oriented rights which explains that solidarity has rights to express their feeling, living in healthy environment, free to humanitarian assistance, communication and share in the common heritage of mankind. This research is applying qualitative methodology which based on secondary data that the author collected from news, journals, books, and articles, and then the author analyses and selects only the relevance one to put into the writing.

Keywords: racism, Indonesia, Papuan, violence

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3392 Transformations of Land Uses and Attitudes in Manavgat Region at South Turkey

Authors: Emrah Yildirim, Veli Ortacesme

Abstract:

Manavgat region, located in Antalya province at South Turkey, has hosted many civilizations throughout the centuries. All of these civilizations cultivated the land in their surroundings by engaging in agriculture, livestock production and hunting. In the last 50 years, there have been dramatic changes in the region. The economy of the region switched from the agriculture to tourism. Due to the increase in the irrigable agricultural lands, several dams were built on Manavgat River. Developments in the agricultural mechanization and new product needs have changed the pattern of agriculture and regional landscape. Coastal zone of the region has transformed to tourism areas, Manavgat Town Center has grown up and the urbanization in general has increased. The population and urbanization have increased by 257 % and 276 %, respectively. The tourism and commercial areas cover 561,8 hectares today. All these developments had some negative effects on the environment. In this study, land use/land cover transformations were studied in Manavgat region by using aerial photos. The reasons and consequences of the land use transformations were discussed, and some recommendations regarding the sustainable use of this region’s landscape will be shared.

Keywords: land use, Manavgat region, south Turkey, transformation

Procedia PDF Downloads 399
3391 Rights-Based Approach to Artificial Intelligence Design: Addressing Harm through Participatory ex ante Impact Assessment

Authors: Vanja Skoric

Abstract:

The paper examines whether the impacts of artificial intelligence (AI) can be meaningfully addressed through the rights-based approach to AI design, investigating in particular how the inclusive, participatory process of assessing the AI impact would make this viable. There is a significant gap between envisioning rights-based AI systems and their practical application. Plausibly, internalizing human rights approach within AI design process might be achieved through identifying and assessing implications of AI features human rights, especially considering the case of vulnerable individuals and communities. However, there is no clarity or consensus on how such an instrument should be operationalised to usefully identify the impact, mitigate harms and meaningfully ensure relevant stakeholders’ participation. In practice, ensuring the meaningful inclusion of those individuals, groups, or entire communities who are affected by the use of the AI system is a prerequisite for a process seeking to assess human rights impacts and risks. Engagement in the entire process of the impact assessment should enable those affected and interested to access information and better understand the technology, product, or service and resulting impacts, but also to learn about their rights and the respective obligations and responsibilities of developers and deployers to protect and/or respect these rights. This paper will provide an overview of the study and practice of the participatory design process for AI, including inclusive impact assessment, its main elements, propose a framework, and discuss the lessons learned from the existing theory. In addition, it will explore pathways for enhancing and promoting individual and group rights through such engagement by discussing when, how, and whom to include, at which stage of the process, and what are the pre-requisites for meaningful and engaging. The overall aim is to ensure using the technology that works for the benefit of society, individuals, and particular (historically marginalised) groups.

Keywords: rights-based design, AI impact assessment, inclusion, harm mitigation

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3390 Heritage Sharing Problems in Land Registry: Case Study of Konya, Turkey

Authors: Tayfun Cay, Sabahattin Akkus

Abstract:

Due to inheritance, urban areas can not be arranged in a planned and programmed manner. As a result of this, the social fabric is disrupted and the hostility is increasing among the people. This contradicts the understanding of the social state. The Turkish Civil Code and the Urban Development Law are effective in sharing heritage in urban areas in Turkey. Within the framework of this legislation; How to make heritage sharing and services in the title deed. In this study, these laws, regulations, and statutes are examined. In the frame of this legislation, land registry problems on inheritance are examined and the province of Konya - Selçuk district, is selected as an application place to solve the problems. In this study, the problems of heritage sharing in the land registry were investigated. The evaluation of the work is done and the results are determined and possible solutions are proposed.

Keywords: land, land registry, heritage sharing, sharing problems of heritage

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3389 Political Economy and Human Rights Engaging in Conversation

Authors: Manuel Branco

Abstract:

This paper argues that mainstream economics is one of the reasons that can explain the difficulty in fully realizing human rights because its logic is intrinsically contradictory to human rights, most especially economic, social and cultural rights. First, its utilitarianism, both in its cardinal and ordinal understanding, contradicts human rights principles. Maximizing aggregate utility along the lines of cardinal utility is a theoretical exercise that consists in ensuring as much as possible that gains outweigh losses in society. In this process an individual may get worse off, though. If mainstream logic is comfortable with this, human rights' logic does not. Indeed, universality is a key principle in human rights and for this reason the maximization exercise should aim at satisfying all citizens’ requests when goods and services necessary to secure human rights are at stake. The ordinal version of utilitarianism, in turn, contradicts the human rights principle of indivisibility. Contrary to ordinal utility theory that ranks baskets of goods, human rights do not accept ranking when these goods and services are necessary to secure human rights. Second, by relying preferably on market logic to allocate goods and services, mainstream economics contradicts human rights because the intermediation of money prices and the purpose of profit may cause exclusion, thus compromising the principle of universality. Finally, mainstream economics sees human rights mainly as constraints to the development of its logic. According to this view securing human rights would, then, be considered a cost weighing on economic efficiency and, therefore, something to be minimized. Fully realizing human rights needs, therefore, a different approach. This paper discusses a human rights-based political economy. This political economy, among other characteristics should give up mainstream economics narrow utilitarian approach, give up its belief that market logic should guide all exchanges of goods and services between human beings, and finally give up its view of human rights as constraints on rational choice and consequently on good economic performance. Giving up mainstream’s narrow utilitarian approach means, first embracing procedural utility and human rights-aimed consequentialism. Second, a more radical break can be imagined; non-utilitarian, or even anti-utilitarian, approaches may emerge, then, as alternatives, these two standpoints being not necessarily mutually exclusive, though. Giving up market exclusivity means embracing decommodification. More specifically, this means an approach that takes into consideration the value produced outside the market and an allocation process no longer necessarily centered on money prices. Giving up the view of human rights as constraints means, finally, to consider human rights as an expression of wellbeing and a manifestation of choice. This means, in turn, an approach that uses indicators of economic performance other than growth at the macro level and profit at the micro level, because what we measure affects what we do.

Keywords: economic and social rights, political economy, economic theory, markets

Procedia PDF Downloads 152
3388 Comparative Analysis of the Impact of Urbanization on Land Surface Temperature in the United Arab Emirates

Authors: A. O. Abulibdeh

Abstract:

The aim of this study is to investigate and compare the changes in the Land Surface Temperature (LST) as a function of urbanization, particularly land use/land cover changes, in three cities in the UAE, mainly Abu Dhabi, Dubai, and Al Ain. The scale of this assessment will be at the macro- and micro-levels. At the macro-level, a comparative assessment will take place to compare between the four cities in the UAE. At the micro-level, the study will compare between the effects of different land use/land cover on the LST. This will provide a clear and quantitative city-specific information related to the relationship between urbanization and local spatial intra-urban LST variation in three cities in the UAE. The main objectives of this study are 1) to investigate the development of LST on the macro- and micro-level between and in three cities in the UAE over two decades time period, 2) to examine the impact of different types of land use/land cover on the spatial distribution of LST. Because these three cities are facing harsh arid climate, it is hypothesized that (1) urbanization is affecting and connected to the spatial changes in LST; (2) different land use/land cover have different impact on the LST; and (3) changes in spatial configuration of land use and vegetation concentration over time would control urban microclimate on a city scale and control macroclimate on the country scale. This study will be carried out over a 20-year period (1996-2016) and throughout the whole year. The study will compare between two distinct periods with different thermal characteristics which are the cool/cold period from November to March and warm/hot period between April and October. The best practice research method for this topic is to use remote sensing data to target different aspects of natural and anthropogenic systems impacts. The project will follow classical remote sensing and mapping techniques to investigate the impact of urbanization, mainly changes in land use/land cover, on LST. The investigation in this study will be performed in two stages. Stage one remote sensing data will be used to investigate the impact of urbanization on LST on a macroclimate level where the LST and Urban Heat Island (UHI) will be compared in the three cities using data from the past two decades. Stage two will investigate the impact on microclimate scale by investigating the LST and UHI using a particular land use/land cover type. In both stages, an LST and urban land cover maps will be generated over the study area. The outcome of this study should represent an important contribution to recent urban climate studies, particularly in the UAE. Based on the aim and objectives of this study, the expected outcomes are as follow: i) to determine the increase or decrease of LST as a result of urbanization in these four cities, ii) to determine the effect of different land uses/land covers on increasing or decreasing the LST.

Keywords: land use/land cover, global warming, land surface temperature, remote sensing

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3387 Parental Separation and 'the Best Interests of the Child' at International Law: Guidance for Nation States in the 21st Century

Authors: Cassandra Seery

Abstract:

During the twentieth century, the notion of child rights at the international level began with the League of Nations’ Geneva Declaration of the Rights of the Child 1924, culminating in the development and adoption of the UN Convention on the Rights of the Child (‘the Convention’) in 1989. A key foundation of child rights lies in the development of the ‘best interests of the child’ principle and its subsequent incorporation into domestic legislation across the globe. This principle has become a key concept in child rights protection and has become a widely recognized principle in the protection of child rights. However, despite its status as the primary operating standard in child and family law and its ‘deepening hold in domestic and international instruments’, the meaning of the ‘best interests of the child’ principle has been criticised as open-ended and vague. This paper explores the evolution and development of the principle in the context of parental separation at international law throughout the 21st century and identifies opportunities for the Nation States to further improve legislative responses in associated child protection cases. An extensive review of relevant United Nations documentation (including instruments, resolutions and comments, jurisprudence, reports, guidelines and policies, training materials and so forth) explores: (i) what progress has been made to further develop the principle at the international level with regard to parental separation; and (ii) what developments participating the Nation States should consider as part of future legal and social policy reforms in this space. It will highlight opportunities for improvement and explore the benefit and relevance of international approaches for the Nation States moving forward.

Keywords: international human rights, best interests of the child, legal and social policy, child rights

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3386 Stakeholders Perceptions of the Linkage between Reproductive Rights and Environmental Sustainability: Environmental Mainstreaming, Injustice and Population Reductionism

Authors: Celine Delacroix

Abstract:

Analyses of global emission scenarios demonstrate that slowing population growth could lead to substantial emissions reductions and play an important role to avoid dangerous climate change. For this reason, the advancement of individual reproductive rights might represent a valid climate change mitigation and adaptation option. With this focus, we reflected on population ethics and the ethical dilemmas associated with environmental degradation and climate change. We conducted a mixed-methods qualitative data study consisting of an online survey followed by in-depth interviews with stakeholders of the reproductive health and rights and environmental sustainability movements to capture the ways in which the linkages between family planning, population growth, and environmental sustainability are perceived by these actors. We found that the multi-layered marginalization of this issue resulted in two processes, the polarization of opinions and its eschewal from the public fora through population reductionism. Our results indicate that stakeholders of the reproductive rights and environmental sustainability movements find that population size and family planning influence environmental sustainability and overwhelmingly find that the reproductive health and rights ideological framework should be integrated in a wider sustainability frame reflecting environmental considerations. This position, whilst majoritarily shared by all participants, was more likely to be adopted by stakeholders of the environmental sustainability sector than those from the reproductive health and rights sector. We conclude that these processes, taken in the context of a context of a climate emergency, threaten to weaken the reproductive health and rights movement.

Keywords: environmental sustainability, family planning, population growth, population ethics, reproductive rights

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3385 Comparative Study of Accuracy of Land Cover/Land Use Mapping Using Medium Resolution Satellite Imagery: A Case Study

Authors: M. C. Paliwal, A. K. Jain, S. K. Katiyar

Abstract:

Classification of satellite imagery is very important for the assessment of its accuracy. In order to determine the accuracy of the classified image, usually the assumed-true data are derived from ground truth data using Global Positioning System. The data collected from satellite imagery and ground truth data is then compared to find out the accuracy of data and error matrices are prepared. Overall and individual accuracies are calculated using different methods. The study illustrates advanced classification and accuracy assessment of land use/land cover mapping using satellite imagery. IRS-1C-LISS IV data were used for classification of satellite imagery. The satellite image was classified using the software in fourteen classes namely water bodies, agricultural fields, forest land, urban settlement, barren land and unclassified area etc. Classification of satellite imagery and calculation of accuracy was done by using ERDAS-Imagine software to find out the best method. This study is based on the data collected for Bhopal city boundaries of Madhya Pradesh State of India.

Keywords: resolution, accuracy assessment, land use mapping, satellite imagery, ground truth data, error matrices

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3384 An Alternative to Resolve Land use Conflicts: the Rétköz Lake Project

Authors: Balázs Kulcsár

Abstract:

Today, there is no part of the world that does not bear the mark of man in some way. This process seems unstoppable. So perhaps the best thing we can do is to touch that handprint gently and with the utmost care. There are multiple uses for the same piece of land, the coordination of which requires careful and sustainable spatial planning. The case study of the Rétközlake in north-eastern Hungary illustrates a habitat rehabilitation project in which a number of human uses were coordinated with the conservation and restoration of the natural environment. Today, the good condition of the habitat can only be maintained artificially, but the project has paid particular attention to finding a sustainable solution. The rehabilitation of Lake Rétköz is considered good practice in resolving land-use conflicts.

Keywords: sustainability, ecosystem service, land use conflict, landscape utilization

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3383 Meaningfulness of Right to Life in Holy Quran

Authors: Masoud Raei, Mohammadmahdi Sadeghi

Abstract:

The right to life as the most essential right in human rights issues and in the first group has devoted a special place to itself. Attention to this right and its domain and its reflection in civil rights is one of the most important axis of the rights to life issues. Issues discussed concerning this matter in public law with regard to its status in human rights are the determination of government’s duty toward identification; application and guarantee of this right. The constitutions of countries have chosen different approaches towards the identification of this right and also its limits and boundaries, determining the territory of governments for citizens. The reason for such a difference is the question arising in this regard. It is claimed that without the determination of meaningfulness of the right to life, it is not possible to provide a clear response to this question. The goal of this paper is to justify its theoretical framework from the view of meaningfulness of right to life relying on Quranic verses with a conceptual approach towards the right to life so that the relationship between government and citizens with regard to right to life is determined. Through a comparative study, it is possible to attain significant differences between the teachings of the Holy Quran and human rights documents. The method of this paper is a descriptive-analytic approach relying on interpretation books on Holy Quran.

Keywords: meaningfulness, objectivism, separatism, right to life

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3382 Evaluation of Urban Land Development Direction in Kabul City, Afghanistan

Authors: Ahmad Sharif Ahmadi, Yoshitaka Kajita

Abstract:

Kabul, the capital and largest city in Afghanistan has been experiencing a massive population expansion and fast economic development in last decade, in which urban land has increasingly expanded and formed a high informal development territory in the city. This paper investigates the urban land development direction based on the integrated urbanization trends in Kabul city since the last and the fastest ever urban land growth period (1999-2008), which is parallel with the establishment of the new government in Afghanistan. Considering the existing challenges in terms of informal settlements, squatter settlements, the population expansion of the city, and fast economic development, as well as the huge influx of returning refugees from neighboring countries, and the sprawl direction of urbanization of the Kabul city urban fringes, this research focuses on the possible urban land development direction and trends for the city. The paper studies the feasible future land development direction of Kabul city in the northern part called Shamali basin, in which district 17 is the gateway for future development. The area has much developable area including eight districts of Kabul province, and the vast area of Parwan and Kapisa provinces. The northern area of the Kabul city generally has favorable conditions for further urbanization from the city. It is a large and relatively flat area of area in the northern part of Kabul city, with ample water resources available from the Panjshir basin as a base principle of land development direction in the area.

Keywords: Kabul city, land development trends, urban land development, urbanization

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3381 From De Soto’s Solution to Urban Disaster: The Effects of Land Titling Policies on the Development of Cities of the Global South in the Case of Lima Peru

Authors: Jitka Molnarova

Abstract:

Based on De Soto’s idea that a formal land title can provide a secure home and access to credit to poor urban families, a large number of developing countries accepted the formalization of informal settlements as the ultimate solution for their housing crises and struggles with poverty. After two decades of implementation, very little is known about the effects this policy has on the quality of the neighborhoods it produces and on the development of cities in general. Using the capital of Peru -where the solution originated- as a case study, this paper illustrates the negative outcomes this policy has on urban development arguing that land titling encourages 1) expansion of the city often to areas of high physical risk, 2) production of precarious housing on unserviced land, and 3) practices of illegal land trafficking. The evidence is based on interviews with community leaders and officials working at the Cooperation for Formalization of Informal Property (COFOPRI), comparison of satellite images documenting the expansion of Lima in the past twenty years, and a technical evaluation of dozens of houses that have been or are in the process of being granted a land title.

Keywords: COFOPRI, De Soto, housing policies, land titling, land trafficking, Lima, Peru, precarious housing, urban expansion

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3380 Rural Women in Serbia: Key Challenges in Enjoyment of Economic and Social Rights

Authors: Mirjana Dokmanovic

Abstract:

In recent years, the disadvantaged and marginalised position of rural women in the Republic of Serbia has been recognised in a number of national strategies and policy papers. A number of measures have been adopted by the government aimed at economic empowerment of rural women and eliminating barriers to accessing decision making and economic and social opportunities. However, their implementation pace is still slow. The aim of the paper is to indicate the necessity of a comprehensive policy approach to eliminating discrimination against rural women that would include policy and financial commitments for enhancing agricultural and rural development as a whole, instead of taking fragmented measures targeting consequences instead of causes. The paper introduces main findings of the study of challenges, constraints, and opportunities of rural women in Serbia to enjoy their economic and social rights. The research methodology included the desk research and the qualitative analysis of the available data, statistics, policy papers, studies, and reports produced by the government, ministries and other governmental bodies, independent human rights bodies, and civil society organizations (CSOs). The findings of the study reveal that rural women are at great risk of poverty, particularly in remote areas, and when getting old or widowed. Young rural women working in agriculture are also in unfavorable position, as they do not have opportunities to enjoy their rights during pregnancy and maternity leave, childcare leave and leave due to the special care of a child. The study indicates that the main causes of their unfavorable position are related to the prevalent patriarchal surrounding and economic and social underdevelopment of rural areas in Serbia. Gender inequalities have been particularly present in accessing land and property rights, inheritance, education, social protection, healthcare, and decision making. Women living in the rural areas are exposed at high risk of discrimination in all spheres of public and private life that undermine their enjoyment of basic economic, social and cultural rights. The vulnerability of rural women to discrimination increases in cases of the intersectionality of other grounds of discrimination, such as disability, ethnicity, age, health condition and sexual discrimination. If they are victims of domestic violence, their experience lack of access to shelters and protection services. Despite the State’s recognition of the marginalized position of rural women, there is still a lack of a comprehensive policy approach to improving the economic and social position of rural women.

Keywords: agricultural and rural development, care economy, discrimination against women, economic and social rights, feminization of poverty, Republic of Serbia, rural women

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3379 Land Use Sensitivity Map for the Extreme Flood Events in the Kelantan River Basin

Authors: Nader Saadatkhah, Jafar Rahnamarad, Shattri Mansor, Zailani Khuzaimah, Arnis Asmat, Nor Aizam Adnan, Siti Noradzah Adam

Abstract:

Kelantan river basin as a flood prone area at the east coast of the peninsular Malaysia has suffered several flood and mudflow events in the recent years. The current research attempted to assess the land cover changes impact in the Kelantan river basin focused on the runoff contributions from different land cover classes and the potential impact of land cover changes on runoff generation. In this regards, the hydrological regional modeling of rainfall induced runoff event as the improved transient rainfall infiltration and grid based regional model (Improved-TRIGRS) was employed to compute rate of infiltration, and subsequently changes in the discharge volume in this study. The effects of land use changes on peak flow and runoff volume was investigated using storm rainfall events during the last three decades.

Keywords: improved-TRIGRS model, land cover changes, Kelantan river basin, flood event

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3378 Economic and Social Well-Being for Migrant Workers: Asian Experiences

Authors: Mohsin Reza, Thirunaukarasu Subramaniam, M. Rezaul Islam

Abstract:

In Asia, economic and social well-being issues are rarely addressed. The major characteristics of the migrant workers in Asian countries are seriously exploited, marginalized, and infrequently looked from human rights perspective. This paper explored the opportunities and shortages of economic and social well-being for the migrant workers in Asia. A Qualitative Interpretative Meta-Synthesis (QIMS) was conducted to analyze the contextual socio-economic factors that characterized migrant workers’ economic and social well-being. It is perceived that in most of the recruiting countries, there are lacks of government commitments to the international protocols, conventions and laws that they ratified towards safeguarding migrant workers’ economic and social well-being. Results showed that the migrant workers had lack of job security, poor salary, long working hours, low access to the public services, poor health, poor living and working conditions, lack of legal rights, physical and mental threats. The finding would be important guideline to the governments, policy makers, legal rights practitioners, and human rights organizations.

Keywords: Asia, economic well-being, social well-being, migrant workers, human rights

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3377 Land Management Framework: A Case of Kolkata

Authors: Alokananda Nath

Abstract:

Land is an important issue anywhere in the world as it is one of the fundamental elements in human settlements. Since the urban areas are considered to be the drivers of economy for any country across the world and the phenomenon of ‘urbanization’ happening everywhere, there is always a greater pressure on urban land and its management. Many states in India have realized the importance of land as a valuable resource and have implemented certain framework for managing and developing land. But in West Bengal no such statutory framework has been formulated till now and a very out dated model of land acquisition for public purpose is practiced. Due to the lop-sided character of urban growth in the entire eastern region of India, the city of Kolkata continues to bear the burden of excessive growth of population and consequent urbanization of the adjoining areas at a rapid pace. This research tries to look into these conflicts with respect to the present pattern of development in the context of Kolkata and suggest a system for land management in order to implement the planning processes. For this purpose, five case study areas were taken up within the Kolkata Metropolitan Area and subsequent analysis of their present land management and development techniques was done. The findings reveal that there is a lack of political will as well as administrative inefficiency on part of both the development authority and the local bodies. Mostly the local bodies lack the financial resources and technical expertise to work out any kind of land management framework or work out any kind of model in order to manage the development that is happening. All these place undue strain on city infrastructure systems and reduce the potential of cities to contribute as engines of economic growth. The focus of reforms, therefore, ought to be on streamlining the urban planning process, judicious and optimal land use, efficient plan implementation mechanisms, improvement of titling and registration processes.

Keywords: urbanization, land management framework, land development, policy reforms, land-use planning processes

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3376 Utilization of Composite Components for Land Vehicle Systems: A Review

Authors: Kivilcim Ersoy, Cansu Yazganarikan

Abstract:

In recent years, composite materials are more frequently utilized not only in aviation but also in automotive industry due to its high strength to weight ratio, fatigue and corrosion resistances as well as better performances in specific environments. The market demand also favors lightweight design for wheeled and tracked armored vehicles due to the increased demand for land and amphibious mobility features. This study represents the current application areas and trends in automotive, bus and armored land vehicles industries. In addition, potential utilization areas of fiber composite and hybrid material concepts are being addressed. This work starts with a survey of current applications and patent trends of composite materials in automotive and land vehicle industries. An intensive investigation is conducted to determine the potential of these materials for application in land vehicle industry, where small series production dominates and challenging requirements are concerned. In the end, potential utilization areas for combat land vehicle systems are offered. By implementing these light weight solutions with alternative materials and design concepts, it is possible to achieve drastic weight reduction, which will enable both land and amphibious mobility without unyielding stiffness and survivability capabilities.

Keywords: land vehicle, composite, light-weight design, armored vehicle

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3375 Protection of Website Owners' Rights: Proportionality of Website Blocking in Russia and Beyond

Authors: Ekaterina Semenova

Abstract:

The article explores the issue of website owners’ liability for the illicit content. Whilst various issues of secondary liability of internet access providers for the illicit content have been widely discussed in the law doctrine, the liability of website owners has attracted less attention. Meanwhile, the website blocking injunctions influence website owners’ rights most, since website owners have the interest to keep their website online, rather than internet access providers. The discussion of internet access providers’ liability overshadows the necessity to protect the website owners’ rights to due process and proportionality of blocking injunctions. The analysis of Russian website blocking regulation and case law showed that the protection of website owners’ rights depends on the kind of illicit content: some content induces automatic blocking injunctions without prior notice of website owners and any opportunity to appeal, while other content does not invoke automatic blocking and provides an opportunity for the website owner to avoid or appeal an injunction. Comparative analysis of website blocking regulations in European countries reveals different approaches to the proportionality of website blocking and website owner’s rights protection. Based on the findings of the study, we conclude that the global trend to impose website blocking injunctions on wide range of illicit content without due process of law interferes with the rights of website owners.

Keywords: illicit content, liability, Russia, website blocking

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3374 Assessment of Land Use and Land Cover Change in Lake Ol Bolossat Catchment, Nyandarua County, Kenya

Authors: John Wangui, Charles Gachene, Stephen Mureithi, Boniface Kiteme

Abstract:

Land use changes caused by demographic, natural variability, economic, technological and policy factors affect the goods and services derived from an ecosystem. In the past few decades, Lake Ol Bolossat catchment in Nyandarua County Kenya has been facing challenges of land cover changes threatening its capacity to perform ecosystems functions and adversely affecting communities and ecosystems downstream. This study assessed land cover changes in the catchment for a period of twenty eight years (from 1986 to 2014). Analysis of three Landsat images i.e. L5 TM 1986, L5 TM 1995 and L8 OLI/TIRS 2014 was done using ERDAS 9.2 software. The results show that dense forest, cropland and area under water increased by 27%, 29% and 3% respectively. On the other hand, open forest, dense grassland, open grassland, bushland and shrubland decreased by 3%, 3%, 11%, 26% and 1% respectively during the period under assessment. The lake was noted to have increased due to siltation caused by soil erosion causing a reduction in Lake’s depth and consequently causing temporary flooding of the wetland. The study concludes that the catchment is under high demographic pressure which would lead to resource use conflicts and therefore formulation of mitigation measures is highly recommended.

Keywords: land cover, land use change, land degradation, Nyandarua, Remote sensing

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3373 Characterization and Evaluation of Soil Resources for Sustainable Land Use Planning of Timatjatji Community Farm, Limpopo, South Africa

Authors: M. Linda Phooko, Phesheya E. Dlamini, Vusumuzi E. Mbanjwa, Rhandu Chauke

Abstract:

The decline of yields as a consequence of miss-informed land-use decisions poses a threat to sustainable agriculture in South Africa. The non-uniform growth pattern of wheat crop and the yields below expectations has been one of the main concerns for Timatjatji community farmers. This study was then conducted to characterize, classify, and evaluate soils of the farm for sustainable land use planning. A detailed free survey guided by surface features was conducted on a 25 ha farm to check soil variation. It was revealed that Sepane (25%), Bonheim (21%), Rensburg (18%), Katspruit (15%), Arcadia (12%) and Dundee (9%) were the dominant soil forms found across the farm. Field soil description was done to determine morphological characteristics of the soils which were matched with slope percentage and climate to assess the potential of the soils. The land capability results showed that soils were generally shallow due to high clay content in the B horizon. When the climate of the area was factored in (i.e. land potential), it further revealed that the area has low cropping potential due to heat, moisture stress and shallow soils. This implies that the farm is not suitable for annual cropping but can be highly suitable for planted pastures.

Keywords: characterization, land capability, land evaluation, land potential

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3372 Strategy in Controlling Rice-Field Conversion in Pangkep Regency, South Sulawesi, Indonesia

Authors: Nurliani, Ida Rosada

Abstract:

The national rice consumption keeps increasing along with raising income of the households and the rapid growth of population. However, food availability, particularly rice, is limited. Impacts of rice-field conversion have run cumulatively, as we can see on potential losses of rice and crops production, as well as work opportunity that keeps increasing year-by-year. Therefore, it requires policy recommendation to control rice-field conversion through economic, social, and ecological approaches. The research was a survey method intended to: (1) Identify internal factors; quality and productivity of the land as the cause of land conversion, (2) Identify external factors of land conversion, value of the rice-field and the competitor’s land, workforce absorption, and regulation, as well as (3) Formulate strategies in controlling rice-field conversion. Population of the research was farmers who applied land conversion at Pangkep Regency, South Sulawesi. Samples were determined using the incidental sampling method. Data analysis used productivity analysis, land quality analysis, total economic value analysis, and SWOT analysis. Results of the research showed that the quality of rice-field was low as well as productivity of the grains (unhulled-rice). So that, average productivity of the grains and quality of rice-field were low as well. Total economic value of rice-field was lower than the economic value of the embankment. Workforce absorption value on rice-field was higher than on the embankment. Strategies in controlling such rice-field conversion can be done by increasing rice-field productivity, improving land quality, applying cultivation technique of specific location, improving the irrigation lines, and socializing regulation and sanction about the transfer of land use.

Keywords: land conversion, quality of rice-field, productivity, land economic value.

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3371 Economic Stability and Legitimate Expectations in Foreign Investment Rights

Authors: Mehdi Ghaemi

Abstract:

Within the current paper, there is an attempt to examine the legal system that overrules economic stability and legitimate expectations of foreign investment rights. Studies show that Meeting the legitimate expectations of foreign investment is one of the rights and privileges which obviously are to be benefited from by all types of foreign investments. The legitimate expectations of foreign investors are protected and structured strongly with the help of international investment laws. The body of international investment laws is faced with multiple challenges with respect to the legitimate expectations of foreign investments, including the Economic stability and the public interest of the host country, the attitude of the host country towards the legitimate rights and privileges of the foreign investment, the ways to meet and to control those expectations, and also the assessment of the regulations of the host country which would affect the investing bodies within different circumstances.

Keywords: foreign investment, legitimate expectations, regulating investments, international investment

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3370 Global Migration and Endangered Majorities in Europe

Authors: Liav Orgad

Abstract:

This article challenges one of the most fundamental propositions in the democratic theory that the majority culture is protected merely by the forces of democracy and thus needs no special legal protection. By describing changes in the patterns of migration to Europe, in the face of the European society, and in the world as a whole, the Article demonstrates that the majority culture is no longer automatically protected by the forces of democracy. It claims that the changing reality is not adequately addressed by political theory and human rights law and advances the promotion of a new concept—'cultural majority rights'.

Keywords: European migration, European demography, democratic theory, majority rights, integration

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3369 Normative Reflections on the International Court of Justice's Jurisprudence on the Protection of Human Rights in Times of War

Authors: Roger-Claude Liwanga

Abstract:

This article reflects on the normative aspects of the jurisprudence on the protection of human rights in times of war that the International Court of Justice (ICJ) developed in 2005 in the Case Concerning Armed Activities on the Territory of the Congo (Democratic Republic of Congo v. Uganda). The article focuses on theories raised in connection with the Democratic Republic of Congo (DRC)'s claim of the violation of human rights of its populations by Uganda as opposed to the violation of its territorial integrity claims. The article begins with a re-visitation of the doctrine of state extraterritorial responsibility for violations of human rights by suggesting that a state's accountability for the breach of its international obligations is not territorially confined but rather transcends the State's national borders. The article highlights the criteria of assessing the State's extraterritorial responsibility, including the circumstances: (1) where the concerned State has effective control over the territory of another State in the context of belligerent occupation, and (2) when the unlawful actions committed by the State's organs on the occupied territory can be attributable to that State. The article also analyzes the ICJ's opinions articulated in DRC v. Uganda with reference to the relationship between human rights law and humanitarian law, and it contends that the ICJ had revised the traditional interaction between these two bodies of law to the extent that human rights law can no longer be excluded from applying in times of war as both branches are complementary rather than exclusive. The article correspondingly looks at the issue of reparations for victims of human rights violations. It posits that reparations for victims of human rights violations should be integral (including restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition). Yet, the article concludes by emphasizing that reparations for victims were not integral in DRC v. Uganda because: (1) the ICJ failed to set a reasonable timeframe for the negotiations between the DRC and Uganda on the amount of compensation, resulting in Uganda paying no financial reparation to the DRC since 2005; and (2) the ICJ did not request Uganda to domestically prosecute the perpetrators of human rights abuses.

Keywords: human rights law, humanitarian law, civilian protection, extraterritorial responsibility

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3368 The Role of Japan's Land-Use Planning in Farmland Conservation: A Statistical Study of Tokyo Metropolitan District

Authors: Ruiyi Zhang, Wanglin Yan

Abstract:

Strict land-use plan is issued based on city planning act for controlling urbanization and conserving semi-natural landscape. And the agrarian land resource in the suburbs has indispensable socio-economic value and contributes to the sustainability of the regional environment. However, the agrarian hinterland of metropolitan is witnessing severe farmland conversion and abandonment, while the contribution of land-use planning to farmland conservation remains unclear in those areas. Hypothetically, current land-use plan contributes to farmland loss. So, this research investigated the relationship between farmland loss and land-use planning at municipality level to provide base data for zoning in the metropolitan suburbs, and help to develop a sustainable land-use plan that will conserve the agrarian hinterland. As data and methods, 1) Farmland data of Census of Agriculture and Forestry for 2005 to 2015 and population data of 2015 and 2018 were used to investigate spatial distribution feathers of farmland loss in Tokyo Metropolitan District (TMD) for two periods: 2005-2010;2010-2015. 2) And the samples were divided by four urbanization facts. 3) DID data and zoning data for 2006 to 2018 were used to specify urbanization level of zones for describing land-use plan. 4) Then we conducted multiple regression between farmland loss, both abandonment and conversion amounts, and the described land-use plan in each of the urbanization scenario and in each period. As the results, the study reveals land-use plan has unignorable relation with farmland loss in the metropolitan suburbs at ward-city-town-village level. 1) The urban promotion areas planned larger than necessity and unregulated urbanization promote both farmland conversion and abandonment, and the effect weakens from inner suburbs to outer suburbs. 2) And the effect of land-use plan on farmland abandonment is more obvious than that on farmland conversion. The study advocates that, optimizing land-use plan will hopefully help the farmland conservation in metropolitan suburbs, which contributes to sustainable regional policy making.

Keywords: Agrarian land resource, land-use planning, urbanization level, multiple regression

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3367 Gilgel Gibe III: Dam-Induced Displacement in Ethiopia and Kenya

Authors: Jonny Beirne

Abstract:

Hydropower developments have come to assume an important role within the Ethiopian government's overall development strategy for the country during the last ten years. The Gilgel Gibe III on the Omo river, due to become operational in September 2014, represents the most ambitious, and controversial, of these projects to date. Further aspects of the government's national development strategy include leasing vast areas of designated 'unused' land for large-scale commercial agricultural projects and 'voluntarily' villagizing scattered, semi-nomadic agro-pastoralist groups to centralized settlements so as to use land and water more efficiently and to better provide essential social services such as education and healthcare. The Lower Omo valley, along the Omo River, is one of the sites of this villagization programme as well as of these large-scale commercial agricultural projects which are made possible owing to the regulation of the river's flow by Gibe III. Though the Ethiopian government cite many positive aspects of these agricultural and hydropower developments there are still expected to be serious regional and transnational effects, including on migration flows, in an area already characterized by increasing climatic vulnerability with attendant population movements and conflicts over scarce resources. The following paper is an attempt to track actual and anticipated migration flows resulting from the construction of Gibe III in the immediate vicinity of the dam, downstream in the Lower Omo Valley and across the border in Kenya around Lake Turkana. In the case of those displaced in the Lower Omo Valley, this will be considered in view of the distinction between voluntary villagization and forced resettlement. The research presented is not primary-source material. Instead, it is drawn from the reports and assessments of the Ethiopian government, rights-based groups, and academic researchers as well as media articles. It is hoped that this will serve to draw greater attention to the issue and encourage further methodological research on the dynamics of dam constructions (and associated large-scale irrigation schemes) on migration flows and on the ultimate experience of displacement and resettlement for environmental migrants in the region.

Keywords: forced displacement, voluntary resettlement, migration, human rights, human security, land grabs, dams, commercial agriculture, pastoralism, ecosystem modification, natural resource conflict, livelihoods, development

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3366 Correlation of Building Density toward Land Surface Temperature 2018 in Medan City

Authors: Andi Syahputra, R. H. Jatmiko, D. R. Hizbaron

Abstract:

Land surface temperature (LST) in an area is influenced by conditions of vegetation density, building density, and the number of inhabitants who live in the area. Medan City is one of the largest cities in Indonesia, with a high rate of change from vegetation to developed land. This study aims to identify the relationship between the percentage of building density and land surface temperature in Medan City. Pixel image analysis method is carried out to obtain the value of building density in pixel images of Landsat 8 images with the help of WorldView-2 satellite imagery. The results showed the highest land surface temperature in 2018 of 35, 4°C was found in Medan Perjuangan District, and the lowest was 22.5°C in Medan Belawan District. Building density samples with a density level of 889.17 m were also found in Medan Perjuangan District, while the lowest building density sample was found in Medan Timur District. Linear regression analysis of the effect of building density with land surface temperature obtained a correlation (R) was 0.64, and a coefficient of determination (R²) was 0.411 and modeling of building density based on the LST has a correlation (R), and a coefficient of determination (R²) was 0.72 with The RMSE obtained 0.853.

Keywords: land surface temperature, Landsat, imagery, building density, vegetation, density

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3365 Transgenders Rights in Pakistan: From an Islamic Perspective

Authors: Zaid Haris

Abstract:

Since the beginning of time, transgender people have faced difficult circumstances, particularly in Pakistan. They have experienced discrimination, physical abuse, sexual assault, and murder in their lives. In response to their complaints, the Pakistani Supreme Court established a landmark that enables them to participate in society on an equal base. As a result, transgendered people living all around Pakistan have seen their legal, political, and cultural advocacy blossom since 2009. In order to provide and defend the human rights of Pakistan's transgender persons, this paper aims to identify and analyse the constitutional and legal framework set out there. The Supreme Court's momentous decision sparked legal reform in the nation for these rights, most notably the Transgender Persons (Protection of Rights) Act of 2017, a bill that was filed in Parliament. The implementation of the rights granted to transgender people in Pakistan, whether it relates to education, health, or any other area, requires close inspection. Additionally, for society to be accepting and inclusive, a significant and radical change in behaviour is required. This paper also includes the interviews of a few transgenders from Pakistan.

Keywords: discrimination, islam, pakistan, physical abuse, sexual assault, transgenders

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3364 Culture as a Barrier: Political Rights of Women in Pakhtun Society

Authors: Muhammad Adil

Abstract:

Women in different parts of the world confront several barriers to accomplishing their legal rights, particularly political rights. One of the common barriers in this respect is the indigenous culture of the locality. In the same way, women in Khyber Pakhtunkhwa are facing difficulties in accomplishing their political rights. The most significant obstacle in this context is Pakhtunwali, the traditional code of conduct in Pakhtun society, which is perceived as a substantial impediment for Pakhtun women in practicing their political rights as guaranteed by the Constitution of Pakistan and international legal instruments. Several codes of Pakhtunwali, like peghor (slander or abuse), tor (blame or disgraced), sharam (shame and dishonor), purdah (gender segregation), and ghayrat (honor) have a prominent role in this regard. The research approach employed a combination of both qualitative and quantitative methods to ensure a thorough exploration of the subject. Not only different documents have been analyzed but also a questionnaire has been developed to get accurate findings. Simultaneously, both primary and secondary data have been utilized. The finding shows that the Pakhtun culture is a formidable hurdle in accomplishing women’s political rights in Pakhtun society, particularly in rural areas. Observation reveals that a prevailing societal perception is that having women as their representatives would be viewed as a challenge to the honor of Pakhtun men. Consequently, women candidates who participated in the general elections in Khyber Pakhtunkhwa received only 1 percent or less than 1 percent of the votes compared to their male counterparts. It is recommended that certain codes of Pakhtunwali should be redefined and made compatible with international legal instruments.

Keywords: constitution, fundamental rights, honor, pakhtunwali.

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