Search results for: dispute settlement

Authors: Vivek Ganesh

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Tropical cyclones are some of the most damaging events. They occur in yearly cycles and affect the coastal population with three dangerous effects: heavy rain, strong wind and storm surge. In order to estimate the area and the population affected by a cyclone, all the three types of physical impacts must be taken into account. Storm surge is an abnormal rise of water above the astronomical tides, generated by strong winds and drop in the atmospheric pressure. The main aim of the study is to identify the impact by comparing three different months data. The technique used here is NDVI classification technique for change detection and other techniques like storm surge modelling for finding the tide height. Current study emphasize on recent very severe cyclonic storm Hud Hud of category 3 hurricane which had developed on 8 October 2014 and hit the coast on 12 October 2014 which caused significant changes on land and coast of Visakhapatnam, Andhra Pradesh. In the present study, we have used Remote Sensing and GIS tools for investigating and quantifying the changes in vegetation and settlement.

Keywords: inundation map, NDVI map, storm tide map, track map

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Authors: Rodrigo Zepeda

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Transaction cost analysis (TCA) is a way of analyzing the relative performance of different intermediaries and different trading strategies for trades undertaken in financial instruments. It is a way for an investor to determine the overall quality of execution of a particular trade, and there are many different approaches to undertaking TCA. Under the updated Markets in Financial Instruments Directive (2014/65/EU) (MiFID II), investment firms are required when executing orders, to take all sufficient steps to obtain the best possible result for their clients. This requirement for 'Best Execution' must take into account price, costs, speed, likelihood of execution and settlement, size, nature or any other consideration relevant to the execution of the order. The new regulatory compliance framework under MiFID II will now also apply across a very broad range of financial instruments. This article will provide a comprehensive technical analysis of how TCA and Best Execution will significantly change under MiFID II. It will also explain why harmonization of post-trade reporting requirements under MiFID II could potentially support the development of peer group analysis, which in turn could provide a new and highly advanced framework for TCA that could more effectively support Best Execution requirements under MiFID II. The study is significant because there are no studies that have dealt with TCA and Best Execution under MiFID II in the literature.

Keywords: transaction cost analysis, execution quality, best execution, MiFID II, financial instruments

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Authors: Mhd. Zakiul Fikri, M. Agus Maulidi

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

Keywords: Adat law, contract, Indonesia, Marosok

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Authors: Yu-Lin Shen, Ming-Kuen Chang

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In addition to a considerable amount of machinery and equipment, intricacies of the transmission pipeline exist in Petrochemical plants. Long term corrosion may lead to pipeline thinning and rupture, causing serious safety concerns. With the advances in non-destructive testing technology, more rapid and long-range ultrasonic detection techniques are often used for pipeline inspection, EMAT without coupling to detect, it is a non-contact ultrasonic, suitable for detecting elevated temperature or roughened e surface of line. In this study, we prepared artificial defects in pipeline for Electromagnetic Acoustic Transducer Testing (EMAT) to survey the relationship between the defect location, sizing and the EMAT signal. It was found that the signal amplitude of EMAT exhibited greater signal attenuation with larger defect depth and length.. In addition, with bigger flat hole diameter, greater amplitude attenuation was obtained. In summary, signal amplitude attenuation of EMAT was affected by the defect depth, defect length and the hole diameter and size.

Keywords: EMAT, artificial defect, NDT, ultrasonic testing

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Authors: Wojciech Kulesza

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The north-western part of the Poland, specifically West Pomerania and Lubuskie provinces, from several years are the subject of research of the Department of Archaeology of Early Middle Ages of Institute of Archaeology of Nicolaus Copernicus University in Toruń. This area has a dense network of rivers and numerous lakes, where many of them are connected to the southern part of the Baltic Sea. During the many years of research in this area, archaeologists discovered the remains of the early Middle Ages settlement located on several islands and in most cases were encountered relics of early Middle Ages bridges linking those islands with the mainland. During the excavation, work was carried out both under water and on land for the accurate identification of islands and adjacent to them underwater areas. The result of this work is a graphic documentation, made in a three-dimensional technique, not only for the underwater trenches but also relics of bridges and objects discovered during exploration, which as the main theme will be presented in the full presentation.

Keywords: Poland, underwater archaeology, Nicolaus Copernicus University, early middle ages

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Authors: Anzor Abralava, Ketevan Kokrashvili, Rusudan Kutateladze, Nino Pailodze, Ketevan Kutateladze, Giorgi Sulashvili

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Nowadays when the integration of states is growing fast, it is urgent to study the rules of behavior which they resort to in case of conflicts and disagreements. The reason of disagreement in many ways is the Foreign policy carried out by separate countries, as the market participants define production and export capacity and structure as well as level of international division of labor due to the competition among them. We can say over and over again that outbreak of conflicts in Georgia displays the serious controversy between political and economic powerhouses. However, to tell the truth existence of the unsolved conflicts in Georgia is the result of weakness and inadequacy of Georgian politics. Today the main task of political quarters in Georgia should be a direction to Caucasus, as to the region burdened with the most complicated problems which blockade the settlement of conflicts and farther development of our country (or vice versa). In this situation rehabilitation of our authority, leading role and hegemony; expansion and consolidation of peacekeeping and other missions are considered as the exact activities for accomplishing all Georgian economic and political goals.

Keywords: Awara Group, political centers, administrative services, dynamic process

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Authors: S. Ebisintei, M. A. Olutoye, A. S. Kovo, U. G. Akpan

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The effect of soil degradation due to ion leachate migration using dumpsite located at Idu industrial area of Abuja was investigated. It was done to assess the health and environmental pollution consequences caused by heavy metals’ concentration in the soil on inhabitants around the settlement. Soil samples collected from four cardinal points and at the center during the dry and wet season were pretreated, digested and heavy metal concentrations present were analyzed using Atomic Absorption Spectrophotometer. The concentrations of Pb, Cu, Mn, Ni, and Cr, were determined and also for control sample obtained 300 m away from the dumpsite. Water samples were collected from three wells to test for physiochemical properties of pH, COD, BOD, DO, hardness, conductivity, and alkalinity. The result showed a significant difference in concentration of toxic heavy metals in the dumpsite as compared to the control sample. A mathematical model was developed to predict the heavy metal concentrations beyond the sampling point. The results indicate that metal concentrations in both dry and wet season were above the WHO, and SON set standards. The trend, if unrestrained, portends danger to human life, reduces agricultural productivity and sustainability.

Keywords: soil degradation, ion leachate, productivity, environment, sustainability

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Authors: Aly Mohamed El Husseiny, Azza Ezz Abdelkader

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There is a critical thin line between freedom of choice and randomness. The distance between imagination and perception and between perception and execution varies depending on numerous factors. While in developed areas residents have the opportunity and abilities to build flexible homes, residents in developing areas create their own dwellings in informal settlements, even though none of them is comfortable at home in the long run. This paper explores three factors: What residents really need, what they do with limited flexibility, and what they do when there are no limits, as in the case of informal settlements. This paper studies alteration to residential buildings and how they connect to the changes in people’s lifecycle in all past cases. This study also examines all approaches to flexibility, focusing on a social approach. The results of this study are based on three practical studies: Interviews with residents in an informal settlement (Eshash Mahfouz in Minya in Egypt), a civil study of buildings in a middle-class district, and a survey of residents from many countries, including Egypt, and interviews with a number of them to determine residents’ needs and the extent of renovations they made or would like to make to their homes.

Keywords: flexibility, housing, freedom of choice, social, changes, residents

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Authors: Pritam Kumar Ghosh

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

Keywords: custody, dispute, child removal, Hague convention

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Authors: Muhammad Nur Haniff Mohd Noor, Rokiah Kadir, Suriyani Muhamad

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The National Forestry Act (NFA) 1984 is the primary forest law that regulates forest-related activities in Peninsular Malaysia. In the 1990s, abundance of illegal logging cases have called for legislative reform of the NFA 1984. As a result, NFA 1984 was amended in 1993 with the principal goal of controlling illegal forest encroachment in the forms of illegal logging, unauthorized harvesting, unlicensed forest settlement and other forms of unlawful activities. At a conceptual level, this paper discusses the policies and strategies implemented under the NFA 1984 (Amendment 1993) that are dedicated to overcome illegal logging. Then, the policies and strategies employed are reviewed and evaluated. Next, this paper conceptually discusses the loopholes of NFA 1984 (Amendment 1993) in relation to aspects where the regulation is considered insufficient to curb illegal logging. In the final section, vital actions and suggested improvements to improve the overall effectiveness of NFA 1984 (Amendment 1993) are examined.

Keywords: forest law and regulation, illegal logging, National Forestry Act 1984, NFA 1984, Amendment 1993, Peninsular Malaysia

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Authors: Reza Ziaie Moayed, Javad Shamsi Soosahab

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The bearing capacity of shallow foundations is one of the interesting subjects in geotechnical engineering. Soil improvement by geosynthetic reinforcements is a modern method used in different projects to improve the bearing capacity of foundations. In this paper, numerical study is adopted to investigate the effect of geogrid soil reinforcement on shallow foundation behavior resting on anisotropic sand with using a finite element limit analysis software. The effect of the ratio of horizontal elastic modulus with respect to vertical elastic modulus (EH/EV) investigates on bearing capacity of foundations. The results illustrate that in sandy soils, the anisotropic ratio of elastic modulus (EH/EV) has notable effect on bearing capacity of shallow foundations. Also, based on the results of this study, it was concluded that geogrid could be used as soil reinforcement elements to improve the bearing of sandy soils and reduce its settlement possible remarkably.

Keywords: shallow foundations, bearing capacity, numerical study, soil anisotropy, geogrid

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Authors: Tikhanporn Punluekdej, Saowapa Phaithayawat

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The objectives of this research are: 1) to discover the mechanism in the restoration process of the old district, and 2) to study the people participation in the community with related units. This research utilizes qualitative research method together with the tools used in the study of historical and anthropological disciplines. The research revealed that the restoration process of the old district started with the needs of the local people in the community. These people are considered as a young generation in the community. The leading group of the community played a vital role in the restoration process by igniting the whole idea and followed by the help from those who have lived in the area of more than fifty years. The restoration process is the genuine desire of the local people without the intervention of the local politics. The core group would coordinate with the related units in which there were, for instance, the academic institutions in order to find out the most dominant historical features of the community including its settlement. The Crown Property Bureau, as the sole-owner of the land, joined the restoration in the physical development dimension. The restoration was possible due to the cooperation between local people and related units, under the designated plans, budget, and social activities.

Keywords: restoration, urban area, old district, people participation

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Authors: Ranj Tofik

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This article aims to demonstrate a link and/or correlation between the rise of China and the US-Iranian conflict, from a US point of view. To demonstrate this link, the article relies on the content analysis method by analyzing American reports and official data. This article concludes that this correlation indicates that the more China rises and the greater the Chinese threat to America, the more changes will occur in the US-Iranian conflict and the US actions regarding this conflict will increase – in the form of imposing sanctions and using means of pressure on Iran, or trying to reach an agreement and settlement with Iran. This article, via noting and observing that correlation, also claims that before 2012, Iran was a regional threat to US interests in the Middle East. However, after 2012 when the rise of China became one of the major threats to America, Iran, because of its rapprochement with China, became also part of the Chinese threat, which is a threat to America's global standing. In addition, observing this correlation indicates the possibility that the rise of China and its threat to the USA has become one of the main drivers in the US-Iranian conflict. Consequently, it can be said that Iran has become a vital issue in the US-China rivalry, as it has become an appropriate gateway for China to enter the Middle East and undermine US hegemony there.

Keywords: China-Iran relations, China's rise, JCPOA, US-Chinese competition, US-Iranian conflict

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Authors: Mukesh Singh Boori, Vít Voženílek

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Olomouc is a unique and complex landmark with widespread forestation and land use. This research work was conducted to assess important and complex land use change trajectories in Olomouc region. Multi-temporal satellite data from 1991, 2001 and 2013 were used to extract land use/cover types by object oriented classification method. To achieve the objectives, three different aspects were used: (1) Calculate the quantity of each transition; (2) Allocate location based landscape pattern (3) Compare land use/cover evaluation procedure. Land cover change trajectories shows that 16.69% agriculture, 54.33% forest and 21.98% other areas (settlement, pasture and water-body) were stable in all three decade. Approximately 30% of the study area maintained as a same land cove type from 1991 to 2013. Here broad scale of political and socio-economic factors was also affect the rate and direction of landscape changes. Distance from the settlements was the most important predictor of land cover change trajectories. This showed that most of landscape trajectories were caused by socio-economic activities and mainly led to virtuous change on the ecological environment.

Keywords: remote sensing, land use/cover, change trajectories, image classification

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Authors: Mapule Maema

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The paper aims to highlight the role that community activism has played in promoting social justice around housing issues in the Western Cape. The Western Cape is one of the largest spatially segregated provinces in South Africa which continues to exhibit grave inequalities between cities, townships and farms. These inequalities cut across intersectional issues such as, race, class, gender, and politics. The main challenges facing marginalized communities in the Western Cape include access to housing, land and basic services. This is not peculiar to only the Western Cape, the entire country is facing similar challenges however the Western Cape is seen as a fasted urbanizing province in the country due to tourism. Various social movements have been formed across the country to counter these challenges, however, this paper focuses on the resilience communities have fostered despite the myriad housing and spatial crisis they are faced with. The paper focuses on the Legal Resource’s Centre’s clients from an informal settlement called Imizamo Yethu based in Hout Bay Valley area. The 18 hectare settlement houses approximately 33600 people. On the 21st July 2017, Hout Bay experienced violent protests following an eviction order passed by the City of Cape Town. The protest was characterized by tensions within the community regarding the super-blocking initiative which aims to establish roads in informal settlements to ensure basic services. Residents against the process argued that there were no proper consultations done to educate them on what this process entailed. Public participation is one of the objectives the municipalities aim to promote however it remains a great challenge. In order to highlight the experiences of the LRC clients in relation to what motivated their involvement in the movement, how it felt their participation, and aspirations, the paper will employ qualitative research methods. Qualitative research methods enable the researcher to get a deeper and nuanced understanding of the social world in the eyes of those who experienced it. It is a flexible methodology that enables one to also understand social processes and the significance they generate. Data will be collected through the use of the World Cafe as a focus group method. The World Café is a simple, effective and flexible format for hosting group dialogue. The steps taken when setting up a World Café includes the following: setting the context (why you are bringing people together and what you want to achieve), create hospitality space (make participants feel at home and free to discuss issues), explore questions that matter, connect diverse perspectives (the opportunity to actively contribute your thinking), listen together for patterns and insights, share collective discoveries and learnings. Secondary data will be used to augment the data collected. Stories of impact will be drawn from the exercises. This paper will contribute to the discourse of sustainable housing and urban development and the research outputs will be disseminated to the public for learning.

Keywords: community activism, influence, social justice, development

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Authors: Rahel Birhanu Kassaye, Ralf Otterpohl, Kumelachew Yeshitila

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Water resource management and land degradation are among the critical issues threatening the suitable livability of many cities in developing countries such as Ethiopia. Rapid expansion of urban areas and fast growing population has increased the pressure on water security. On the other hand, the large transformation of natural green cover and agricultural land loss to settlement and industrial activities such as quarrying is contributing to environmental concerns. Integrated water harvesting is considered to play a crucial role in terms of providing alternative water source to insure water security and helping to improve soil condition, agricultural productivity and regeneration of ecosystem. Moreover, it helps to control stormwater runoff, thus reducing flood risks and pollution, thereby improving the quality of receiving water bodies and the health of inhabitants. The aim of this research was to investigate the potential of applying integrated water harvesting approaches as a provision for water source and enabling land restoration in Jemo river catchment consisting of abandoned quarry site adjacent to a settlement area that is facing serious water shortage in western hilly part of Addis Ababa city, Ethiopia. The abandoned quarry site, apart from its contribution to the loss of aesthetics, has resulted in poor water infiltration and increase in stormwater runoff leading to land degradation and flooding in the downstream. Application of GIS and multi-criteria based analysis are used for the assessment of potential water harvesting technologies considering the technology features and site characteristics of the case study area. Biophysical parameters including precipitation, surrounding land use, surface gradient, soil characteristics and geological aspects are used as site characteristic indicators and water harvesting technologies including retention pond, check dam, agro-forestation employing contour trench system were considered for evaluation with technical and socio-economic factors used as parameters in the assessment. The assessment results indicate the different suitability potential among the analyzed water harvesting and restoration techniques with respect to the abandoned quarry site characteristics. Application of agro-forestation with contour trench system with the revegetation of indigenous plants is found to be the most suitable option for reclamation and restoration of the quarry site. Successful application of the selected technologies and strategies for water harvesting and restoration is considered to play a significant role to provide additional water source, maintain good water quality, increase agricultural productivity at urban peri-urban interface scale and improve biodiversity in the catchment. The results of the study provide guideline for decision makers and contribute to the integration of decentralized water harvesting and restoration techniques in the water management and planning of the case study area.

Keywords: abandoned quarry site, land reclamation and restoration, multi-criteria assessment, water harvesting

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Authors: Ahmed M. El-Tuhami, Ahmed A. Mohamed

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This paper studies the behavior of strip footing adjacent to slope crest and the effect of jet grouting under the footing. This problem is investigated numerically in the present study. Two dimensional plane strain program PLAXIS is used in this study. 15 nodes triangular element is used to idealize soil with hardening soil model. Five nodes isoperimetric beam element is used to idealize stripe footing. Interface element is used to represent the contact between beam element and soil. Two parameters were studied, the first is the foundation depth and the second is the Stripe footing distance from the slope crest. Settlement and horizontal displacement of strip footing were obtained and studied from the analyzed finite element model results. The reduction influence of jet grouting on footing displacement were studied and investigated. The results indicate that the inclusion of jet grouting under strip footing adjacent to slope crest has significant effect in improving the response of the strip footing and the slope.

Keywords: strip footing, jet grouting, slope, PLAXIS, relative distance

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Authors: Aslı Taş, Şebnem Ertaş

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Culture consists of material and spiritual values adopted by the emerging societies during the historical and social processes and continues to exist from past to present by being transferred through generations. Culture and cultural sustainability are interdependent concepts. Cultural sustainability exists when the requirements established cultural expression are added to the social life as lifestyle and habits. However, sustainability renders change inevitable. Changes that take place in the culture of a society also shows the impact in the daily life places. Functional changes occur in the spaces in order to adapt particularly to cultural change that appear in the aftermath of the user change, to modern technology and living standards. In this context, in this study, it was aimed to investigate the effect of the time-dependent functional changes that took place in the housing where non-Muslim population who was subject to population exchange and Muslim population lived after the population exchange in the vacated housing in Sille. Therefore, the changed and newly added venues in the house belonging to Ali Oğuz in Hacı Ali Ağa Street were investigated over the generated graphic in order to clearly perceive the cultural exchange on the housing and settlement and the functional changes were demonstrated.

Keywords: culture, house, spatial changes, sustainability

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Authors: Mubashra Shaheen

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

Keywords: us, china, south china sea, unclos

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Authors: Siddhartha Paul, Aman Harlalka, Ashim K. Dey

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Soft clayey soil possesses poor bearing capacity and high compressibility because of which foundations cannot be directly placed over soft clay. Normally pile foundations are constructed to carry the load through the soft soil up to the hard stratum below. Pile construction is costly and time consuming. In order to increase the properties of soft clay, many ground improvement techniques like stone column, preloading with and without sand drains/band drains, etc. are in vogue. Time is a constraint for successful application of these improvement techniques. Another way to improve the bearing capacity of soft clay and to reduce the settlement possibility is to apply geocells below the foundation. The geocells impart rigidity to the foundation soil, reduce the net load intensity on soil and thus reduce the compressibility. A well designed geocell reinforced soil may replace the pile foundation. The present paper deals with the applicability of geocells on improvement of the bearing capacity. It is observed that a properly designed geocell may increase the bearing capacity of soft clay up to two and a half times.

Keywords: bearing capacity, geo-cell, ground improvement, soft clay

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Authors: Fatma Kürüm Varolgüneş, Fatih Canan

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Mardin is one of the unique cities in Turkey with its rich cultural and historical heritage. Mardin’s traditional dwellings have been affected both by natural data such as climate and topography and by cultural data like lifestyle and belief. However, in the new settlements, housing is formed with modern approaches and unsuitable forms clashing with Mardin’s culture and environment. While the city is expanding, traditional textures are ignored. Thus, traditional settlements are losing their identity and are vanishing because of the rapid change and transformation. The main aim of this paper is to determine the physical and social data needed to define the characteristic features of Mardin’s old and new settlements. In this context, based on social and cultural data, old and new settlement formations of Mardin have been investigated from various aspects. During this research, the following methods have been utilized: observations, interviews, public surveys, literature review, as well as site examination via maps, photographs and questionnaire methodology. In conclusion, this paper focuses on how changes in the physical forms of cities affect the typology and the identity of cities, as in the case of Mardin.

Keywords: urban and local identity, historical city center, traditional settlements, Mardin

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Authors: M. Top, H. Telli

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Plaster material has been a preferred material especially in the Middle East geography in terms of economy, easy process and thermal insulation since very old times. However, due to the unstable nature of the material, very little has been reached today. For this reason, both finds and studies about stucco ornamentation are very few. In this study, the excavated plasterwork finds used in the architectural ornamentation in the Hosap Castle (Van/Turkey) were considered worth examining since they are rare examples. The stucco relief finds that were found in the castle is discussed. The finds of engraved artifacts on the plasterworks were not addressed. Only the pieces found in Area II and Area III (harem) and surrounding during the cleaning and excavation work carried out at Hosap Kalesi between 2007-2015, will be discussed. This is a general assessment about the finds. It is unknown where many of the pieces found. For this reason, only general appraisal was able to done. Most of the parts are made of mold technique. The motifs on the fragments are similar to the motifs of Ottoman period tiles. Parallel to the settlement history of the castle, thought that these plaster pieces belong to the 16th-17th centuries.

Keywords: stucco decoration, Eastern Anatolia, Ottoman motifs, ornamentation, plasterwork

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Authors: M. Wangai

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

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

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Authors: Salwa Salman

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On February 2016, Egypt’s President Abdel Fattah Al-Sisi ordered the former Prime Minister, Ibrahim Mehleb, to establish a committee responsible for retrieving looted state lands or providing squatters with land titles according to their individual cases. The specificity of desert lands emerges from its unique position in both Islamic law and Egypt’s Civil Code. In Egypt, desert lands can be transferred to private ownership through peaceful occupation and cultivation. This study explores the (re-) conceptualization of land rights, state territoriality, and sovereignty as a part of an emerging narrative on informal land tenure. Through the lens of an informal settlement, the study employs methodological insights from studies in the anthropology of development and their interpretation of Foucauldian discourse analysis to examine official representations on squatting over state lands and put them in conversation with individual narratives on land ownership and dispossession. It also employs Bruno Latour’s actor-network theory to explore the development of social networks through primary land contracts and informal local resource management.

Keywords: State lands, squatter community, Islamic law, Egypt’s Civil Code

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Authors: Insiya Kapasi, Roshni Udyavar Yehuda

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Cluster Redevelopment is a new concept in the city of Mumbai. Its regulations were laid down by the government in 2009. The concept of cluster redevelopment encompasses a group of buildings defined by a boundary as specified by the municipal authority (in this case, Mumbai), which may be dilapidated or approved for redevelopment. The study analyses the effect of cluster redevelopment in the form of renewal of old group of buildings as compared to refurbishment or restoration - on energy consumption. The methodology includes methods of assessment to determine increase or decrease in energy consumption in cluster redevelopment based on different criteria such as carpet area of the units, building envelope and its architectural elements. Results show that as the area and number of units increase the Energy consumption increases and the EPI (energy performance index) decreases as compared to the base case. The energy consumption per unit area declines by 29% in the proposed cluster redevelopment as compared to the original settlement. It is recommended that although the development is spacious and provides more light and ventilation, aspects such as glass type, traditional architectural features and consumer behavior are critical in the reduction of energy consumption.

Keywords: Cluster Redevelopment, Energy Consumption, Energy Efficiency, Typologies

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Authors: Ruo-Qian Wang

Abstract:

Open-source CFD has become increasingly popular and promising. The recent progress in multiphase flow enables new CFD applications, which provides an economic and flexible research tool for complex flow problems. Our numerical study using four-way coupling Euler-Lagrangian Large-Eddy Simulations to resolve particle cloud dynamics with OpenFOAM and CFDEM will be introduced: The fractioned Navier-Stokes equations are numerically solved for fluid phase motion, solid phase motion is addressed by Lagrangian tracking for every single particle, and total momentum is conserved by fluid-solid inter-phase coupling. The grid convergence test was performed, which proves the current resolution of the mesh is appropriate. Then, we validated the code by comparing numerical results with experiments in terms of particle cloud settlement and growth. A good comparison was obtained showing reliability of the present numerical schemes. The time and height at phase separations were defined and analyzed for a variety of initial release conditions. Empirical formulas were drawn to fit the results.

Keywords: four-way coupling, dredging, land reclamation, multiphase flows, oil spill

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Authors: Wael M Albadri, Hassnen M Jafer, Ehab H Sfoog

Abstract:

Relationship between undrained shear strength (Su) and over consolidation ratio (OCR) of clay soil (marine clay) is very important in the field of geotechnical engineering to estimate the settlement behaviour of clay and to prepare a small scale physical modelling test. In this study, a relationship between shear strength and OCR parameters was determined using the laboratory vane shear apparatus and the fully automatic consolidated apparatus. The main objective was to establish non-linear correlation formula between shear strength and OCR and comparing it with previous studies. Therefore, in order to achieve this objective, three points were chosen to obtain 18 undisturbed samples which were collected with an increasing depth of 1.0 m to 3.5 m each 0.5 m. Clay samples were prepared under undrained condition for both tests. It was found that the OCR and shear strength are inversely proportional at similar depth and at same undrained conditions. However, a good correlation was obtained from the relationships where the R2 values were very close to 1.0 using polynomial equations. The comparison between the experimental result and previous equation from other researchers produced a non-linear correlation which has a similar pattern with this study.

Keywords: shear strength, over-consolidation ratio, vane shear test, clayey soil

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Authors: Charlotte Williams

Abstract:

Yale University Professor Hiram Bingham’s discovery of Machu Picchu in 1911 spurred an international interest in the Inca Empire, and with it, a dispute with the Peruvian government over who had rightful jurisdiction and curatorship over Inca history. By 2011, the Peruvian government initiated a legal battle for the return of artifacts that Bingham had removed from Machu Picchu, successfully returning them not to the site of Machu Picchu, but to Cusco, employing the rationale that the ancient Inca capital housed descendants of the Inca empire. This conflation of the past and present can be traced to a largely unanalyzed study that accompanied Bingham’s expedition: an ethnographic analysis of Inca descendants, which at the time portrayed indigenous Peruvian Andean peoples as remnants of a lost civilization, using Cusco as an assumed repository for people with 'Inca' characteristics. This study draws from the original Yale Peruvian Expedition archives, the Cusco Library archives, and in-depth interviews with curators of the Inca Museum and Machu Picchu Museum to analyze both the political conflict that emerged as a reaction to the ethnographic study, and how the study articulated with an inflating tourism market attempting to define what it meant to be Inca to an international public. The construction of the modern Inca as both directors of tourism management and purveyors of their archaeological material culture points to a unique case in which modern Peruvian citizens could claim heritage to an Inca past despite a lack of recognition as a legally defined group. The result has far-reaching implications, since Bingham’s artifacts returned not necessarily to a traditional nation-state, but to an imagined one, broadening the conditions under which informal repatriations can occur.

Keywords: archaeology of memory, imagined communities, Incanismo, repatriation

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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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Authors: Chloe Fauchon

Abstract:

In Europe, the right to a fair trial is enshrined in the European Convention on Human Rights, signed in 1950, in its famous Article 6, and, in the field of the European Union, in Article 47 of the Charter of Fundamental Rights, binding since 2009. The right to a fair trial is, therefore, a fundamental right protected by all the relevant treaties. The right to a fair trial is an "umbrella right" which encompasses various sub-rights and principles. Although this right applies in all the proceedings, it gets a special relevance in criminal matters and, particularly, regarding the defendant. In criminal proceedings, the parties are not equal: the accusation is represented by a State-organ, with specific prerogatives, and the defense does not benefit from these specific powers and is often inexperienced in criminal law. Equality of arms, and consequently the right to a fair trial, needs some specific mechanisms to be effective in criminal proceedings. For instance, the defendant benefits from some procedural rights, such as the right to a lawyer, the right to be informed of the charges against them, the right to confront witnesses, and so on. These rights aim to give the defendant the tools to dispute the accusation. The role of the defense is, therefore, very important in criminal matters to avoid unjustified convictions. This specificity of criminal matters justifies that the focus will be put on them during this study. Then this paper will also focus on French and Spanish legal orders. Indeed, if the European Court and Convention on Human Rights are the most famous instruments to protect the right to a fair trial, this right is also guaranteed at a constitutional level in European national legal orders in Europe. However, this enshrinement differs from one country to the other: for instance, in Spain, the right to a fair trial is protected explicitly by the 1978 constitutional text, whereas, in France, it is more of a case-law construction. Nevertheless, this difference between both legal orders does not imply huge variations in the substantive aspect of the right to a fair trial. This can be specifically explained by the submission of both States to the European Convention on Human Rights. This work aims to show that, although the French and Spanish legal orders differ in the way they protect the right to a fair trial, this right eventually has the same substantive meaning in both legal orders.

Keywords: right to a fair trial, constitutional law, French law, Spanish law, European Court of Human Rights

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