Search results for: dispute settlement
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 654

Search results for: dispute settlement

324 Federalism, Dual Sovereignty, and the Supreme Court of Nigeria

Authors: Edoba Bright Omoregie

Abstract:

Nigeria became a federation in 1954 six years before it gained independence away from British colonial rule. The country has remained a federation since then despite the challenging circumstances of military rule and civil strife which have tasked its federal credentials. Since 1961, when it first decided a federalism dispute, cases over vertical and horizontal powers have inundated the country’s Supreme Court. In its current practice of federalism after democratic rule was resumed in 1999, the country has witnessed a spell of intergovernmental disputes over a good number of federalism issues. Such conflicts have eventually found their way to the Supreme Court for resolution, not as a final appellate court (which it is in other non-federal matters) but as a court of first and final instance following the constitutional provision granting the court such power. However, in April 2014 one of such disputes was denied hearing by the court when it declined original jurisdiction to determine the matter. The suit was instituted by one state of the federation against the federal government and the other 35 states challenging the collection of value added tax (a consumption tax)on certain goods and services within the state. The paper appraises the rationale of the court’s decision and reason that its decision to decline jurisdiction is the result of an avoidable misunderstanding of the dual sovereignty instituted by the federal system of Nigeria as well as a misconception of the role which the court is constitutionally assigned to play in resolving intergovernmental schisms in the federal system.

Keywords: dual sovereignty, federalism, intergovernmental conflict, Supreme Court

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323 Life at the Fence: Lived Experiences of Navigating Cultural and Social Complexities among South Sudanese Refugees in Australia

Authors: Sabitra Kaphle, Rebecca Fanany, Jenny Kelly

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Australia welcomes significant numbers of humanitarian arrivals every year with the commitment to provide equal opportunities and the resources required for integration into the new society. Over the last two decades, more than 24,000 South Sudanese people have come to call Australia home. Most of these refugees experienced several challenges whilesettlinginto the new social structures and service systems in Australia. The aim of the research is to explore the factors influencing social and cultural integration of South Sudanese refugees who have settled in Australia. Methodology: This studyused a phenomenological approach based on in-depth interviews designed to elicit the lived experiences of South Sudanese refugees settled in Australia. It applied the principles of narrative ethnography, allowing participants an opportunity to speak about themselves and their experiences of social and cultural integration-using their own words. Twenty-six participants were recruited to the study. Participants were long-term residents (over 10 years of settlement experience)who self-identified as refugees from South Sudan. Participants were given an opportunity to speak in the language of their choice, and interviews were conducted by a bilingual interviewer in their preferred language, time, and location. Interviews were recorded and transcribed verbatim and translated to Englishfor thematic analysis. Findings: Participants’ experiences portray the complexities of integrating into a new society due tothe daily challenges that South Sudaneserefugees face. Themes emerged from narrativesindicated that South Sudanese refugees express a high level of association with a Sudanese identity while demonstrating a significant level of integration into the Australian society. Despite this identity dilemma, these refugees show a high level of consensus about the experiencesof living in Australia that is closely associated with a group identity. In the process of maintaining identity andsocial affiliation, there are significant inter-generational cultural conflicts that participants experience in adapting to Australian society. It has been elucidated that identityconflict often emerges centeringon what constitutes authentic cultural practice as well as who is entitled to claim to be a member of the South Sudanese culture. Conclusions: Results of this study suggest that the cultural identity and social affiliations of South Sudanese refugees settling into Australian society are complex and multifaceted. While there are positive elements of theirintegration into the new society, inter-generational conflictsand identity confusion require further investigation to understand the context that will assist refugees to integrate more successfully into their new society. Given the length of stay of these refugees in Australia, government and settlement agencies may benefit from developing appropriate resources and process that are adaptive to the social and cultural context in which newly arrived refugees will live.

Keywords: cultural integration, inter-generational conflict, lived experiences, refugees, South sudanese

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322 Proposed Design Principles for Low-Income Housing in South Africa

Authors: Gerald Steyn

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Despite the huge number of identical, tiny, boxy, freestanding houses built by the South African government after the advent of democracy in 1994, squatter camps continue to mushroom, and there is no evidence that the backlog is being reduced. Not only is the wasteful low-density detached-unit approach of the past being perpetuated, but the social, spatial, and economic marginalization is worse than before 1994. The situation is precarious since squatters are vulnerable to fires and flooding. At the same time, the occupants of the housing schemes are trapped far from employment opportunities or any public amenities. Despite these insecurities, the architectural, urban design, and city planning professions are puzzlingly quiet. Design projects address these issues only at the universities, albeit inevitably with somewhat Utopian notions. Geoffrey Payne, the renowned urban housing and urban development consultant and researcher focusing on issues in the Global South, once proclaimed that “we do not have a housing problem – we have a settlement problem.” This dictum was used as the guiding philosophy to conceptualize urban design and architectural principles that foreground the needs of low-income households and allow them to be fully integrated into the larger conurbation. Information was derived from intensive research over two decades, involving frequent visits to informal settlements, historic Black townships, and rural villages. Observations, measured site surveys, and interviews resulted in several scholarly articles from which a set of desirable urban and architectural criteria could be extracted. To formulate culturally appropriate design principles, existing vernacular and informal patterns were analyzed, reconciled with contemporary designs that align with the requirements for the envisaged settlement attributes, and reimagined as residential design principles. Five interrelated design principles are proposed, ranging in scale from (1) Integrating informal settlements into the city, (2) linear neighborhoods, (3) market streets as wards, (4) linear neighborhoods, and (5) typologies and densities for clustered and aggregated patios and courtyards. Each design principle is described, first in terms of its context and associated issues of concern, followed by a discussion of the patterns available to inform a possible solution, and finally, an explanation and graphic illustration of the proposed design. The approach is predominantly bottom-up since each of the five principles is unfolded from existing informal and vernacular practices studied in situ. They are, however, articulated and represented in terms of contemporary design language. Contrary to an idealized vision of housing for South Africa’s low-income urban households, this study proposes actual principles for critical assessment by peers in the tradition of architectural research in design.

Keywords: culturally appropriate design principles, informal settlements, South Africa’s housing backlog, squatter camps

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321 3D Dynamic Modeling of Transition Zones

Authors: Edina Koch, Péter Hudacsek

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In railways transition zone is present at the boundaries of zones with different stiffness. When a train rides from an embankment onto a stiff structure, such as a bridge, tunnel or culvert, an abrupt change in the support stiffness occurs possibly inducing differential settlements. This in long term can yield to the degradation of the tracks and foundations in the transition zones. A number of techniques have been proposed or implemented to provide gradual stiffness transition at the problem zones, such as methods to ensure gradually changing pad stiffness, application of long sleepers or installation of auxiliary rails in the transition zone. Aim of the research presented in this paper is to analyze the 3D and the dynamic effects induced by the passing train over an area where significant difference in the support stiffness exists. The effects were analyzed for different arrangements associated with certain differential settlement mitigation strategies of the transition zones.

Keywords: culvert, dynamic load, HS small model, railway transition zone

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320 Granting Saudi Women the Right to Drive in the Eyes of Qatari Media

Authors: Rasha A. Salameh

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This research attempts to evaluate the treatment provided by the Qatari media to the decision to allow Saudi women to drive, and then activate this decision after a few months, that is, within the time frame between September 26, 2017 until June 30, 2018. This is through asking several questions, including whether the political dispute between Qatar and Saudi Arabia has cast a shadow over this handling, and if these Qatari media handlings are used to criticize the Saudi regime for delaying this step. Here emerges one of the research hypotheses that says that the coverage did not have the required professionalism, due to the fact that the decision and its activation took place in light of the political stalemate between Qatar and the Kingdom of Saudi Arabia, which requires testing the media framing and agenda theories to know to what extent they apply to this case. The research dealt with a sample of five Qatari media read in this sample: Al-Jazeera Net, The New Arab Newspaper, Al-Sharq Newspaper, The Arab Newspaper, and Al-Watan Newspaper. The results showed that most of the authors who covered the decision to allow Saudi women to drive a car did not achieve a balance in their writing, and that almost half of them did not have objectivity, and this indicates the proof of the hypothesis that there is a defect in the professional competence in covering the decision to allow Saudi women to drive cars by means of Qatari media, and the researcher attributes this result to the political position between Qatar and Saudi Arabia, in addition to the fact that the Arab media in most of them are characterized by a low ceiling of freedom, and most of them are identical in their position with the position of the regime’s official view.

Keywords: Saudi women, objectivity, hate speech, stereotype

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319 Accessing the 'No-Harm' Principle of Protection of the Mekong River’s Environment

Authors: Hang Thuy Tran, Hanh Hong Pham, Ha Thanh Hoa

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From 2009 up to now, the water quantity and water quality of the Mekong River, located in the South of Vietnam, have been significantly reduced. The phenomenon happened as a result of climate change and human activities. The Mekong River is an international source of water, flowing across the borders of 6 countries, with Vietnam downstream. Activities to block the flow or build dams to construct hydroelectricity or diversion in upstream countries are either the direct cause or the risk of further deterioration of the water quality and quantity of the Mekong River, as evidenced by two phenomena which are a saline intrusion and transboundary water pollution. The protection of the crucial source of water is done through bilateral and multilateral cooperation mechanisms, notably the Mekong River Commission, established by members of the Agreement on the Cooperation for the Sustainable Development of the Mekong River Basin 1995. In this document, under Article 7, the 'no-harm' principle requires member states to take appropriate measures to prevent causing substantial damage to other member states. This principle has been practiced through the work of a number of committees established by the commission. However, the content of the rules is undetailed, lacks an implementation monitoring mechanism, and has an unreasonable dispute solution. With such difficulties, the provisions in the principle of no-harm are not adequate to protect the Mekong River's water resources in the current context.

Keywords: no-harm principle, transboundary water pollution, Mekong Commission, international source of water

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318 Effect of Waste Bottle Chips on Strength Parameters of Silty Soil

Authors: Seyed Abolhasan Naeini, Hamidreza Rahmani

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Laboratory consolidated undrained triaxial (CU) tests were carried out to study the strength behavior of silty soil reinforced with randomly plastic waste bottle chips. Specimens mixed with plastic waste chips in triaxial compression tests with 0.25, 0.50, 0.75, 1.0, and 1.25% by dry weight of soil and tree different length including 4, 8, and 12 mm. In all of the samples, the width and thickness of plastic chips were kept constant. According to the results, the amount and size of plastic waste bottle chips played an important role in the increasing of the strength parameters of reinforced silt compared to the pure soil. Because of good results, the suggested method of soil improvement can be used in many engineering problems such as increasing the bearing capacity and settlement reduction in foundations.

Keywords: reinforcement, silt, soil improvement, triaxial test, waste bottle chips

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317 Children of Syria: Using Drawings for Diagnosing and Treating Trauma

Authors: Fatten F. Elkomy

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The Syrian refugees are the largest refugee population since World War II. Mostly, children, these individuals were exposed to intense traumatic events in their homeland, throughout their journey, and during settlement in foreign lands. Art is a universal language to express feelings and tough human experiences. It is also a medium for healing and promoting creativity and resilience. Literature review was conducted to examine the use of art to facilitate psychiatric interviews, diagnosis, and therapy with traumatized children. Results show a severe impact of childhood trauma on the increased risk for abuse, neglect, and psychiatric disorders. Clinicians must recognize, evaluated and provide help for these children. In conclusion, drawings are used to tell a story, reflect deep emotions, and create a meaningful self-recognition and determination. Participants will understand art therapy using the expressive therapies continuum framework to evaluate drawings and to promote healing for refugee children.

Keywords: art therapy, children drawings, Syrian refugees, trauma in childhood

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316 The Urbanistic Initiative of Architecture Students to Intensify the Socio-Economic and Spatial Development of Small Settlements in Tatarstan

Authors: Karina Rashidovna Nabiullina

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In 2016, the ‘Beautiful Country’ innovative project was implemented in the Republic of Tatarstan (Russia). This project started at the initiative of architecture students majoring in city planning during their summer internship. As a part of the internship, the students had to study the layout and the lifestyle of Tatarstan towns. All the projects were presented to the Ministry of Construction of Tatarstan, which allowed the settlement authorities to receive the government funding for their implementation. This initiative, from the public discussion of the projects to their implementation, was welcomed by the local communities, evoked local patriotism, created new jobs as a part of the projects' implementation, and improved the architectural environment of the settlements. The projects initiated by the students became the ‘Big Projects’ for these small settlements.

Keywords: adapted graphic language, complex territorial development, identity of local resources, overcoming stagnation, participation

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315 Assessment of Socio-Cultural Sustainability: A Comparative Analysis of Two Neighborhoods in Kolkata Metropolitan Area

Authors: Tanima Bhattacharya, Joy Sen

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To transform a space into a better livable and sustainable zone, United Nations Summit in New York 2015, has decided upon 17 sustainable development goals (SDGs) that approach directly to achieve inclusive, people-centric, sustainable developments. Though sustainability has been majorly constructed by four pillars, namely, Ecological, Economic, Social and Cultural, but it is essentially reduced to economic and ecological consideration in the context of developing countries. Therefore, in most cases planning has reduced its ambit to concentrate around the tangible infrastructure, ignoring the fundamentals of socio-cultural heritage. With the accentuating hype of infrastructural augmentation, lack of emphasis of traditional concerns like ethnicity and social connection have further diluted the situation, disintegrating cultural continuity. As cultural continuity lacks its cohesion, it’s growing absence increasingly acts as a catalyst to degrade the heritage structures, spaces around and linking these structures, and the ability of stakeholders in identifying themselves rooted in that particular space. Hence, this paper will argue that sustainability depends on the people and their interaction with their surroundings, their culture and livelihood. The interaction between people and their surroundings strengthen community building and social interaction that abides by stakeholders reverting back to their roots. To assess the socio-cultural sustainability of the city of Kolkata, two study areas are selected, namely, an old settlement from the northern part of the city of Kolkata (KMA), imbued with social connection, age-old cultural and ethnic bonding and, another cluster of new high-rises coming up in the Newtown area having portions of planned city extension on the eastern side of the city itself. Whereas, Newtown prioritizes the surging post-industrial trends of economic aspiration and ecological aspects of urban sustainability; the former settlements of northern Kolkata still continue to represent the earliest community settlement of the British-colonial-cum native era and even the pre-colonial era, permeated with socio-cultural reciprocation. Thus, to compare and assess the inlayed organizational structure of both the spaces in the two cases, selected areas have been surveyed to portray their current imageability. The argument of this paper is structured in 5parts. First, an introduction of the idea has been forwarded, Secondly, a literature review has been conducted to ground the proposed ideas, Thirdly, methodology has been discussed and appropriate case study areas have been selected, Fourthly, surveys and analyses has been forwarded and lastly, the paper has arrived at a set of conclusions by suggesting a threefold development to create happy, healthy and sustainable community.

Keywords: art innovation, current scenario assessment, heritage, imageability, socio-cultural sustainability

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314 The Role of DNA Evidence in Determining Paternity in India: A Study of Cases from the Legal and Scientific Perspective

Authors: Pratyusha Das

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A paradigm shift has been noticed in the interpretation of DNA evidence for determining paternity. Sometimes DNA evidence has been accepted while sometimes it was rejected by the Indian Courts. Courts have forwarded various justifications for acceptance and rejection of such evidence through legal and scientific means. Laws have also been changed to accommodate the necessities of society. Balances between both the legal and scientific approaches are required, to make the best possible use of DNA evidence for the well-being of the society. Specifications are to be framed as to when such evidence can be used in the future by pointing out the pros and cons. Judicial trend is to be formulated to find out the present situation. The study of cases of superior courts of India using an analytical and theoretical approach is driving the questions regarding the shared identity of the legal and scientific approaches. To assimilate the differences between the two approaches, the basic differences between them have to be formulated. Revelations are required to access the favorable decisions using the DNA evidence. Reasons are to be forwarded for the unfavorable decisions and the approach preferred in such cases. The outcome of the two methods has to be assessed in relation to the parties to the dispute, the society at large, the researcher and from the judicial point of view. The dependability of the two methods is to be studied in relation to the justice delivery system. A highlight of the chronological study of cases along with the changes in the laws with the aid of presumptions will address the questions of necessity of a method according to the facts and situations. Address is required in this respect whether the legal and scientific forces converge somewhere pushing the traditional identification of paternity towards a fundamental change.

Keywords: cases, evidence, legal, scientific

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313 India, Pakistan and the US in the Afghan Imbroglio: The Way Forward

Authors: Saroj Kumar Rath

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When insurgency erupted in Kashmir in 1989, it was quickly backed by Pakistan. Kashmir witnessed terrorism for more than a decade till 2004 when Indian forces decimated militancy. After the US pressure in 1992, terrorist training camps of Pakistan shifted to Afghanistan and al Qaeda and the Taliban had taken over training of Kashmiri militants in Afghanistan after 1997 as part of their global jihad. The Indo-Pak rivalry over Kashmir dispute had taken a new turn in the aftermath of 9/11 developments. Islamabad viewed its Afghan policy through the prism of denying India any advantage in Kabul. Pakistan was successful in refuting Indian presence in Kabul for a decade through the Taliban. After the 9/11 attacks the Inter Services Intelligence (ISI) saw Northern Alliance, supported by the Americans and all of Pakistan’s regional rivals – India, Iran, and Russia – as claiming victory in Kabul. For Pakistan’s military regime, this was a strategic disaster and prompted the ISI to give refuge to the escaping Taliban, while denying full support to Hamid Karzai. The new development in Afghanistan prompted India to establish a foothold it had lost nearly a decade earlier. India established diplomatic contacts with Afghanistan; supported the Karzai government and funded aid programs. Pakistan alleged that Indian agents are training Baloch and Sindhi dissidents in Pakistan through Afghanistan. Kabul had suddenly become the new Kashmir – the new battleground for India-Pakistan rivalry.

Keywords: Afghan imbroglio, Kashmir conflict, Indo-Pak rivalry, US policy in South Asia

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312 Ideological Stance in Political Discourse: A Transitivity Analysis of Nawaz Sharif's Address at 71st UN Assembly

Authors: A. Nawaz

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The present study uses Halliday’s transitivity model to analyze and interpret ideological stance in PM Nawaz Sharif’s political discourse. His famous speech at the 71st UN assembly was analyzed qualitatively using clausal analysis approach to investigate the communicative functions of the linguistic choices made in the address. The study discovers that among the six process types under the transitivity model, material, relational and mental processes appear most frequently in the speech, making up almost 86% of the whole. Verbal processes rank 4th, whereas existential and behavioral are the least occurring processes covering only 2 and 1 percent respectively. The dominant use of material processes suggests that Nawaz Sharif and his government are the main actors working on several concrete projects to produce a sense of developmental progression and continuity. Using relational and mental processes the PM, along with establishing proximity with masses and especially Kashmiri, gives guarantees and promises. The linguistic analysis concludes Kashmir dispute as being the central theme of the address, since it covers more than half of the discourse. The address calls for a strong action instead of formal assurances and wishful thoughts. The study establishes that language structures can yield certain connotations and ideologies which are not overt for readers. This is in affirmation to the supposition that language form performs a communicative function and is not merely fortuitous.

Keywords: Hallidian perspective on language, implicit meanings, Nawaz Sharif, political ideologies, political speeches, transitivity, UN Assembly

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311 Current Deflecting Wall: A Promising Structure for Minimising Siltation in Semi-Enclosed Docks

Authors: A. A. Purohit, A. Basu, K. A. Chavan, M. D. Kudale

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Many estuarine harbours in the world are facing the problem of siltation in docks, channel entrances, etc. The harbours in India are not an exception and require maintenance dredging to achieve navigable depths for keeping them operable. Hence, dredging is inevitable and is a costly affair. The heavy siltation in docks in well mixed tide dominated estuaries is mainly due to settlement of cohesive sediments in suspension. As such there is a need to have a permanent solution for minimising the siltation in such docks to alter the hydrodynamic flow field responsible for siltation by constructing structures outside the dock. One of such docks on the west coast of India, wherein siltation of about 2.5-3 m/annum prevails, was considered to understand the hydrodynamic flow field responsible for siltation. The dock is situated in such a region where macro type of semi-diurnal tide (range of about 5m) prevails. In order to change the flow field responsible for siltation inside the dock, suitability of Current Deflecting Wall (CDW) outside the dock was studied, which will minimise the sediment exchange rate and siltation in the dock. The well calibrated physical tidal model was used to understand the flow field during various phases of tide for the existing dock in Mumbai harbour. At the harbour entrance where the tidal flux exchanges in/out of the dock, measurements on water level and current were made to estimate the sediment transport capacity. The distorted scaled model (1:400 (H) & 1:80 (V)) of Mumbai area was used to study the tidal flow phenomenon, wherein tides are generated by automatic tide generator. Hydraulic model studies carried out under the existing condition (without CDW) reveal that, during initial hours of flood tide, flow hugs the docks breakwater and part of flow which enters the dock forms number of eddies of varying sizes inside the basin, while remaining part of flow bypasses the entrance of dock. During ebb, flow direction reverses, and part of the flow re-enters the dock from outside and creates eddies at its entrance. These eddies do not allow water/sediment-mass to come out and result in settlement of sediments in dock both due to eddies and more retention of sediment. At latter hours, current strength outside the dock entrance reduces and allows the water-mass of dock to come out. In order to improve flow field inside the dockyard, two CDWs of length 300 m and 40 m were proposed outside the dock breakwater and inline to Pier-wall at dock entrance. Model studies reveal that, during flood, major flow gets deflected away from the entrance and no eddies are formed inside the dock, while during ebb flow does not re-enter the dock, and sediment flux immediately starts emptying it during initial hours of ebb. This reduces not only the entry of sediment in dock by about 40% but also the deposition by about 42% due to less retention. Thus, CDW is a promising solution to significantly reduce siltation in dock.

Keywords: current deflecting wall, eddies, hydraulic model, macro tide, siltation

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310 Authenticity during Conflict Reporting: The China-India Border Clash in the Indian Press

Authors: Arjun Chatterjee

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The India-China border clash in Galwan valley in June 2020, the first deadly skirmish between the two Asian giants in the Himalayan border area in over four decades, highlighted the need to examine the notion of ‘authenticity’ in journalistic practices. Information emanating from such remotely located, sparsely populated, and not well-demarcated international land borders have limited sources, restricted to official sources, which have their own narrative. Geopolitical goals and ambitions embolden narratives of nationalism in the media, and these often challenge the notion and understanding of authenticity in journalism. The Indian press, contrary to the Chinese press, which is state-owned, is diverse and also confrontational, where narratives of nationalism are differentially interpreted, embedded, and realised. This paper examines how authenticity has become a variable, rather than a constant, in conflict reporting of the Sino-Indian border clash and how authenticity is interpreted similarly or differently in conflict journalism. The paper reports qualitative textual analysis of two leading English language newspapers – The Times of India and The Hindu, and two mainstream regional language newspapers, Amar Ujala (Hindi) and Ananda Bazar Patrika (Bengali), to evaluate the ways in which representations of information function in conflict reporting and to recontextualize (and thus change or modify the meaning of) that which they represent, and with what political and cultural implications.

Keywords: India-China, framing, conflict, media narratives, border dispute

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309 Design of Soil Replacement under Axial Centric Load Isolated Footing by Limit State Method

Authors: Emad A. M. Osman, Ahmed M. Abu-Bakr

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Compacted granular fill under shallow foundation is one of the oldest, cheapest, and easiest techniques to improve the soil characteristics to increase the bearing capacity and decrease settlement under footing. There are three main factors affecting the design of soil replacement to gain these advantages. These factors are the type of replaced soil, characteristics, and thickness. The first two factors can be easily determined by laboratory and field control. This paper emphasizes on how to determine the thickness accurately for footing under centric axial load by limit state design method. The advantages of the method are the way of determining the thickness (independent of experience) and it takes into account the replaced and original or underneath soil characteristics and reaches the goals of replaced soils economically.

Keywords: design of soil replacement, LSD method, soil replacement, soil improvement

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308 'Utsadhara': Rejuvenating the Dead River Edge into an Urban Activity Space along the Banks of River Hooghly

Authors: Aparna Saha, Tuhin Ahmed

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West Bengal has a number of important rivers, each with its distinctive character and a story. Traditionally, cities have ‘divulged’ to rivers at the river edges and rivers have been an inseparable part of the urban experience. Considering the research aspect, the area is taken in Barrackpore, a small but important outgrowth of Kolkata Municipal Association, West Bengal. Barrackpore, at present, has ample inadequate public open spaces at the neighborhood level where people of different socio-cultural, economic, and religious backgrounds can come together and engage in various leisure activities, but there is no opportunity either, where people can learn about and explore the rich history of the settlement. Pertaining to these issues forms the backdrop of this research paper which has been conceptualized as a place from space that will bring people back to the river and increase community interactions and will also celebrate and commemorate towards the historical importance of the river and its edges. The entire precinct bordering the river represents the transition from pre-independence (Raj era) to Sepoy phase (Swaraj era), finally culminating into the Gandhian philosophy which is being projected into the already existing Gandhi Ghat. The ultimate aim of the paper entitled ‘Utsadhara- Rejuvenating the dead river edge into an urban activity space along the banks of river Hooghly’ is to create a socio-cultural space keeping the heritage identity intact through judicious use of the water body. Also, a balance is kept between the natural ecosystem and the cosmetic development of the surrounding open spaces. It can be duly achieved by the aforementioned methodology provided in the document, but mainly it would focus into preserving the historic ethnicity of the place by holding its character through various facts and figures as well as features. Most importantly the natural topography of the place is left intact. The second priority is given in terms of hierarchy of well connected public plazas, podiums where people from different socio-economic backgrounds irrespective of age and sex could socialize and reach towards venturing into a cordial relationship with one another. The third priority is to provide a platform for the common mass for showcasing their skills and talent through different art and craft forms which in turn would enhance their individual self and also the community as a whole through economic rise. Apart from this here some spaces are created in accordance to different age groups or class of people. The paper intends to see the river as a major multifunctional public space to attract people for different activities and re-establish the relationship of the river with the settlement. Hence, it is apprehended that the paper is not only intended to a simple riverfront conservation project but unlike others it is a place which is created for the people, by the people and of the people towards a holistic community development through a sustainable approach.

Keywords: holistic community development, public activity space, river-urban precinct, urban dead space

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307 The Consequences of Regime Change in Iraq; Formation and Continuation of Geopolitical Crises

Authors: Ali Asghar Sotoudeh

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Since the US invasion of Iraq in 2003 and the subsequent regime change, internal conflicts between political and ethnic-religious groups have become a hallmark of Iraqi political dynamism. The most important manifestations of these conflicts are the Kurdish-central government conflicts, as well as fundamentalism since 2003. As a result, it seems not only US presence in Iraq under the pretext of fighting terrorism and expanding democracy has not had a positive effect on controlling fundamentalism and political stability in Iraq, but it has paved the way for the formation and continuation of geopolitical crises in the form of disputes over territory and sources of power. In this regard, given the importance of the study, the main purpose of this study is to examine the process of the impact of US regime-change policy on the formation and continuation of geopolitical crises in Iraq. The central question of this study is, what effect has the US regime change policy had on Iraq's domestic political processes? Findings show that regime change and subsequent imposed federalism have widened the gaps in Iraq's sectarian-ethnic system. As a result, the geopolitical crisis in the context of the dispute over geographical territory and sources of power between ethnic-religious groups has become the most important political dynamic in Iraq since the occupation. The research method in this article is descriptive-analytical, and the data collection method is library and internet resources.

Keywords: Iraq, united states, geopolitical crisis, ethno-religious conflict, political federalism

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306 Research on the Protection and Development of Ancient Town Cultural Landscape Based on “Four State” Elements: Illustrated by the Example of Qikou

Authors: Bian ChengXiang, Wang Qian

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With the deepening of the research on the connotation of cultural heritage and human geography, the cultural landscape takes landscape as a cultural product, integrates and blends cultural and natural heritage to explore the cultural value behind its material landscape. Qikou ancient town is a typical traditional settlement with a homomorphism of mountain and water veins. Its cultural accumulation and natural landscape play an important role in its development. Therefore, this paper will combine the material and cultural elements of Qikou ancient town to analyze the composition of the cultural landscape of the ancient town and explore the protection and utilization of the cultural landscape of Qikou ancient town from the four aspects of ecology, form, cultural form, and business form, so as to provide effective strategies for the development of the ancient town.

Keywords: four state, cultural landscape, ancient town, protection, development

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305 21st Century Gunboat Diplomacy and Strategic Sea Areas

Authors: Mustafa Avsever

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Throughout history, states have attached great importance to seas in terms of economic and security. Advanced civilizations have always founded in coastal regions. Over time, human being has tended to trade and naturally always aimed get more and more. Seas by covering 71% of the earth, provide the greatest economic opportunities for access to raw material resources and the world market. As a result, seas have become the most important areas of conflict over the course of time. Coastal states, use seas as a tool for defense zone, trade, marine transportation and power transfer, they have acquired colonies overseas and increased their capital, raw materials and labor. Societies, have increased their economic prosperity, though their navies in order to retain their welfare and achieve their foreign policy objectives. Sometimes they have imposed their demands through the use or threat of limited naval force in accordance with their interests that is gunboat diplomacy. Today we can see samples of gunboat diplomacy used in the Eastern Mediterranean, during Ukraine crisis, in dispute between North Korea and South Korea and the ongoing power struggle in Asia-Pacific. Gunboat diplomacy has been and continues to be applied consistently in solving problems by the stronger side of the problem. The purpose of this article is to examine using navy under the gunboat diplomacy as an active instrument of foreign policy and security policy and reveal the strategic sea areas in which gunboat diplomacy is used effectively in the matrix of international politics in the 21st century.

Keywords: gunboat diplomacy, maritime strategy, sea power, strategic sea lands

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304 Urban Life on the Go: Urban Transformation of Public Space

Authors: E. Zippelius

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Urban design aims to provide a stage for public life that, when once brought to life, is right away subject to subtle but continuous transformation. This paper explores such transformations and searches for ways how public life can be reinforced in the case of a housing settlement for the displaced in Nicosia, Cyprus. First, a sound basis of theoretical knowledge is established through literature review, notably the theory of the Production of Space by Henri Lefebvre, exploring its potential and defining key criteria for the following empirical analysis. The analysis is pinpointing the differences between spatial practice, representation of space and spaces of representation as well as their interaction, alliance, or even conflict. In doing so uncertainties, chances and challenges are unraveled that will be consequently linked to practice and action and lead to the formulation of a design strategy. A strategy, though, that does not long for achieving an absolute, finite certainty but understands the three dimensions of space formulated by Lefebvre as equal and space as continuously produced, hence, unfinished.

Keywords: production of space, public space, urban life, urban transformation

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303 Experience of Using Expanding Polyurethane Resin for Ground Improvement Under Existing Shallow Foundations on The Arabian Peninsula

Authors: Evgeny N. Zakharin, Bartosz Majewski

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Foaming polyurethane is a ground improvement technology that is increasingly used for foundation stabilization with differential settlement and controlled foundation structure lifting. This technology differs from conventional mineral grout due to its injection composition, which provides high-pressure expansion quickly due to a chemical reaction. The technology has proven efficient in the typical geological conditions of the United Arab Emirates. An in-situ trial foundation load test has been proposed to objectively assess the deformative and load-bearing characteristics of the soil after injection. The article provides a detailed description of the experiment carried out in field conditions. Based on the practical experiment's results and its finite element modeling, the deformation modulus of the soil after treatment was determined, which was more than five times higher than the initial value.

Keywords: chemical grout, expanding polyurethane resin, foundation remediation, ground improvement

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302 Acquisitions on Prehistoric Dynamics in Central-Western Sicily

Authors: Angelo Vintaloro

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Recent discoveries in territory never studied have given a different reading of Sicilian prehistory with the acquisition of important data on the penetration of the Minoan and Mycenaean colonization and on trade in the center-west of Sicily. The large settlement of Montagna Vecchia, in the territory of Corleone, has typical components starting from the Neolithic and was located along the road from Palermo to Agrigento, which connected the southern coast to the northern one. It was already the most important trade route on the island, as it represented a portion of the long North African/South French trade route, from the Campaniform period, at the beginning of the second millennium BC, through the mediation of the islands of Sicily, Sardinia, and Corsica. Years ago, it seemed that this colonization had stopped in south-eastern Sicily, but these recent discoveries changed the situation and gave us the confirmation that many peoples contributed to giving a permanent presence to this territory. Some areas of probable sacred destination have also been identified, closely linked to the subsequent Hellenic colonization of Sicily.

Keywords: corleone, vecchia, preistoria, ellenismo

Procedia PDF Downloads 68
301 Numerical Study on the Cavity-Induced Piping Failure of Embankment

Authors: H. J. Kim, G. C. Park, K. C. Kim, J. H. Shin

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Cavities are frequently found beneath conduits on pile foundations in old embankments. Cavity reduces seepage length significantly and consequently causes piping failure of embankments. Case studies of embankment failures indicate that the relative settlement between ground and pile supported-concrete conduit was the main reason of the cavity. In this paper, an attempt to simulate the cavity-induced piping failure mechanism was made using finite element numerical method. Piping potential is examined by carrying out parametric study for influencing factors such as cavity length, water level, and flow conditions. The concentration of hydraulic gradient adjacent to cavity was found. It is found that the hydraulic gradient close to the cavity exceeds considerably the critical hydraulic gradient causing piping. Piping failure potential due to the existence of cavity is evaluated and contour map for the potential risk of an embankment for piping failure is proposed.

Keywords: cavity, hydraulic gradient, levee, piping

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300 Spatial Distribution and Habitat Preference of Indian Pangolin (Manis crassicaudata) in Madhesh Province, Nepal

Authors: Asmit Neupane, Narayan Prasad Gautam, Prabin Bhusal

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Indian pangolin, locally called as ‘Salak’, ‘Sal machha’, ‘Pakho machha’, is a globally endangered species, nationally categorized as a critically endangered species, protected under the National Parks and Wildlife Conservation (NPWC) Act 1973 and appended in Appendix I of CITES. Indian pangolins occur in the tropical areas of Terai region and Chure foothills of eastern Nepal, and India, Bangladesh, Pakistan, and Sri Lanka. They utilize a wide range of habitats, including primary and secondary tropical forest, limestone forest, bamboo forest, grassland, and agricultural lands. So, in regard to this fact, this research is aimed to provide detailed information regarding the current distribution pattern, status, habitat preference, prevailing threats and attitude of local people towards species conservation in Madhesh Province, Nepal. The study was conducted in four CFs, two from Bara district and two from Dhanusha district. The study area comprised of Churia range and foothills with tropical and sub-tropical vegetation. A total of 24 transects were established, each of 500*50 m2, where indirect signs of Indian pangolin, including active/old burrows, pugmarks and scratches, were found. Altogether 93 burrows were found, where only 20 were active burrows. Similarly, a vegetation survey and social survey was also conducted. The data was analyzed using Stata 16 and SPSS software. Distance from settlement, ground cover, aspect, presence/absence of ants/termites and human disturbance were the important habitat parameters having statistically significant relationship with the distribution of Indian pangolin in the area. The species was found to prefer an elevation of 360 to 540m, 0-15º slope, red soil, North-east aspect, moderate crown and ground cover, without fire and rocks, vicinity of water, roads, settlement, Sal dominated forest and minimum disturbed by human activities. Similarly, the attitude of local people towards Indian pangolin conservation was found to be significantly different with respect to age, sex and education level. The study concludes that majority of active burrows were found in Churia hills, which indicates that Indian pangolin population is gradually moving uphill towards higher elevation as hilly area supports better prey availability and also less human disturbance. Further studies are required to investigate microhabitat preferences, seasonal variability and impacts of climate change on the distribution, habitat and prey availability of Indian pangolin for the sustainable conservation of this species.

Keywords: conservation, IUCN red list, local participation, small mammal, status, threats

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299 Guarding the Fortress: Intellectual Property Rights and the European Union’s Cross-Border Jurisdiction

Authors: Sara Vora (Hoxha)

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The present article delves into the intricate matters concerning Intellectual Property Rights (IPR) and cross-border jurisdiction within the confines of the European Union (EU). The prevalence of cross-border intellectual property rights (IPR) disputes has increased in tandem with the globalization of commerce and the widespread adoption of technology. The European Union (EU) is not immune to this trend. The manuscript presents a comprehensive analysis of various forms of intellectual property rights (IPR), such as patents, trademarks, and copyrights, and the regulatory framework established by the European Union (EU) to oversee these rights. The present article examines the diverse approaches employed for ascertaining the appropriate jurisdiction within the European Union (EU), and their potential application in the sphere of cross-border intellectual property rights (IPR) conflicts. The article sheds light on jurisdictional issues and outcomes of significant cross-border intellectual property rights (IPR) disputes in the European Union (EU). Additionally, the document provides suggestions for effectively managing intellectual property rights conflicts across borders within the European Union, which encompasses the utilization of alternative methods for resolving disputes. The article highlights the significance of comprehending the relevant jurisdiction in the European Union for Intellectual Property Rights (IPR). It also offers optimal approaches for enterprises and individuals who aim to safeguard their intellectual property beyond national boundaries. The primary objective of this article is to furnish a thorough comprehension of Intellectual Property Rights (IPR) and the relevant jurisdiction in the European Union (EU). Additionally, it endeavors to provide pragmatic recommendations for managing cross-border IPR conflicts in this intricate and ever-changing legal milieu.

Keywords: intellectual property rights (IPR), cross-border jurisdiction, applicable laws and regulations, dispute resolution, best practices

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298 A Comparative Analysis of the Factors Determining Improvement and Effectiveness of Mediation in Family Matters Regarding Child Protection in Australia and Poland

Authors: Beata Anna Bronowicka

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Purpose The purpose of this paper is to improve effectiveness of mediation in family matters regarding child protection in Australia and Poland. Design/methodology/approach the methodological approach is phenomenology. Two phenomenological methods of data collection were used in this research 1/ a doctrinal research 2/an interview. The doctrinal research forms the basis for obtaining information on mediation, the date of introduction of this alternative dispute resolution method to the Australian and Polish legal systems. No less important were the analysis of the legislation and legal doctrine in the field of mediation in family matters, especially child protection. In the second method, the data was collected by semi-structured interview. The collected data was translated from Polish to English and analysed using software program. Findings- The rights of children in the context of mediation in Australia and Poland differ from the recommendations of the UN Committee on the Rights of the Child, which require that children be included in all matters that concern them. It is the room for improvement in the mediation process by increasing child rights in mediation between parents in matters related to children. Children should have the right to express their opinion similarly to the case in the court process. The challenge with mediation is also better understanding the role of professionals in mediation as lawyers, mediators. Originality/value-The research is anticipated to be of particular benefit to parents, society as whole, and professionals working in mediation. These results may also be helpful during further legislative initiatives in this area.

Keywords: mediation, family law, children's rights, australian and polish family law

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297 Seaworthiness and Liability Risks Involving Technology and Cybersecurity in Transport and Logistics

Authors: Eugene Wong, Felix Chan, Linsey Chen, Joey Cheung

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The widespread use of technologies and cyber/digital means for complex maritime operations have led to a sharp rise in global cyber-attacks. They have generated an increasing number of liability disputes, insurance claims, and legal proceedings. An array of antiquated case law, regulations, international conventions, and obsolete contractual clauses drafted in the pre-technology era have become grossly inadequate in addressing the contemporary challenges. This paper offers a critique of the ambiguity of cybersecurity liabilities under the obligation of seaworthiness entailed in the Hague-Visby Rules, which apply either by law in a large number of jurisdictions or by express incorporation into the shipping documents. This paper also evaluates the legal and technological criteria for assessing whether a vessel is properly equipped with the latest offshore technologies for navigation and cargo delivery operations. Examples include computer applications, networks and servers, enterprise systems, global positioning systems, and data centers. A critical analysis of the carriers’ obligations to exercise due diligence in preventing or mitigating cyber-attacks is also conducted in this paper. It is hoped that the present study will offer original and crucial insights to policymakers, regulators, carriers, cargo interests, and insurance underwriters closely involved in dispute prevention and resolution arising from cybersecurity liabilities.

Keywords: seaworthiness, cybersecurity, liabilities, risks, maritime, transport

Procedia PDF Downloads 111
296 An Exploration of the Provision of Government-Subsidised Housing without Title Deeds: A Recipient’s Interpretation of Security of Tenure

Authors: Maléne Maria Magdalena Campbell, Jeremiah Mholo

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Low-income households earning less than 3,500 ZAR (about 175 GBP) per month can apply to the South African government, through the National Housing Subsidy, for fully subsidised houses. An objective of this subsidy is to enable low-income households’ participation in the formal housing market; however, the beneficiaries received houses without title deeds. As such, if the beneficiaries did not have a secured tenure at the time of their death then surviving family may face possible eviction. Therefore, an aim of this research was to determine how these beneficiaries interpret tenure security. The research focused on government subsidised housing in the Dithlake settlement of a rural hamlet named Koffiefontein, in the Letsemeng Local Municipality of South Africa. Quantitative data on the beneficiaries were collected from the local municipality, while qualitative data were collected from a sample of 45 beneficiaries.

Keywords: low-income families, subsidised housing, titling, housing market

Procedia PDF Downloads 368
295 Case Study Approach Using Scenario Analysis to Analyze Unabsorbed Head Office Overheads

Authors: K. C. Iyer, T. Gupta, Y. M. Bindal

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Head office overhead (HOOH) is an indirect cost and is recovered through individual project billings by the contractor. Delay in a project impacts the absorption of HOOH cost allocated to that particular project and thus diminishes the expected profit of the contractor. This unabsorbed HOOH cost is later claimed by contractors as damages. The subjective nature of the available formulae to compute unabsorbed HOOH is the difficulty that contractors and owners face and thus dispute it. The paper attempts to bring together the rationale of various HOOH formulae by gathering contractor’s HOOH cost data on all of its project, using case study approach and comparing variations in values of HOOH using scenario analysis. The case study approach uses project data collected from four construction projects of a contractor in India to calculate unabsorbed HOOH costs from various available formulae. Scenario analysis provides further variations in HOOH values after considering two independent situations mainly scope changes and new projects during the delay period. Interestingly, one of the findings in this study reveals that, in spite of HOOH getting absorbed by additional works available during the period of delay, a few formulae depict an increase in the value of unabsorbed HOOH, neglecting any absorption by the increase in scope. This indicates that these formulae are inappropriate for use in case of a change to the scope of work. Results of this study can help both parties in deciding on an appropriate formula more objectively, considering the events on a project causing the delay and contractor's position in respect of obtaining new projects.

Keywords: absorbed and unabsorbed overheads, head office overheads, scenario analysis, scope variation

Procedia PDF Downloads 137