Search results for: dispute settlement
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 661

Search results for: dispute settlement

571 Consensus, Federalism and Inter-State Water Disputes in India

Authors: Amrisha Pandey

Abstract:

Indian constitution has distributed the powers to govern and legislate between the centre and the state governments based on the list of subject-matter provided in the seventh schedule. By that schedule, the states are authorized to regulate the water resource within their territory. However, the centre/union government is authorized to regulate the inter-state water disputes. The powers entrusted to the union government mainly deals with the sharing of river water which flows through the territory of two or more states. For that purpose, a provision enumerated in Article 262 of the Constitution of India which empowers the parliament to resolve any such inter-state river water dispute. Therefore, the parliament has enacted the - ‘Inter-State River Water Dispute Tribunal, Act’, which allows the central/union government to constitute the tribunal for the adjudication of the disputes and expressly bars the jurisdiction of the judiciary in the concerned matter. This arrangement was intended to resolve the dispute using political or diplomatic means, without deliberately interfering with the sovereign power of the states to govern the water resource. The situation in present context is complicated and sensitive. Due to the change in climatic conditions; increasing demand for the limited resource; and the advanced understanding of the freshwater cycle, which is missing from the existing legal regime. The obsolete legal and political tools, the existing legislative mechanism and the institutional units do not seem to accommodate the rising challenge to regulate the resource. Therefore, resulting in the rise of the politicization of the inter-state water disputes. Against this background, this paper will investigate the inter-state river water dispute in India and will critically analyze the ability of the existing constitutional, and institutional units involved in the task. Moreover, the competence of the tribunal as the adjudicating body in present context will be analyzed using the long ongoing inter-state water dispute in India – The Cauvery Water Dispute, as the case study. To conduct the task undertaken in this paper the doctrinal methodology of the research is adopted. The disputes will also be investigated through the lens of sovereignty, which is accorded to the states using the theory of ‘separation of power’ and the ‘grant of internal sovereignty’, to its federal units of governance. The issue of sovereignty in this paper is discussed in two ways: 1) as the responsibility of the state - to govern the resource; and 2) as the obligation of the state - to govern the resource, arising from the sovereign power of the state. Furthermore, the duality of the sovereign power coexists in this analysis; the overall sovereign authority of the nation-state, and the internal sovereignty of the states as its federal units of governance. As a result, this investigation will propose institutional, legislative and judicial reforms. Additionally, it will suggest certain amendments to the existing constitutional provisions in order to avoid the contradictions in their scope and meaning in the light of the advanced hydrological understanding.

Keywords: constitution of India, federalism, inter-state river water dispute tribunal of India, sovereignty

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570 Evaluation of Spatial Correlation Length and Karhunen-Loeve Expansion Terms for Predicting Reliability Level of Long-Term Settlement in Soft Soils

Authors: Mehrnaz Alibeikloo, Hadi Khabbaz, Behzad Fatahi

Abstract:

The spectral random field method is one of the widely used methods to obtain more reliable and accurate results in geotechnical problems involving material variability. Karhunen-Loeve (K-L) expansion method was applied to perform random field discretization of cross-correlated creep parameters. Karhunen-Loeve expansion method is based on eigenfunctions and eigenvalues of covariance function adopting Kernel integral solution. In this paper, the accuracy of Karhunen-Loeve expansion was investigated to predict long-term settlement of soft soils adopting elastic visco-plastic creep model. For this purpose, a parametric study was carried to evaluate the effect of K-L expansion terms and spatial correlation length on the reliability of results. The results indicate that small values of spatial correlation length require more K-L expansion terms. Moreover, by increasing spatial correlation length, the coefficient of variation (COV) of creep settlement increases, confirming more conservative and safer prediction.

Keywords: Karhunen-Loeve expansion, long-term settlement, reliability analysis, spatial correlation length

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569 Management Opposition, Strikes, and Union Threats

Authors: Patrick Nüß

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I estimate management opposition against unions in terms of hiring discrimination by a large scale field experiment in the German labor market. The results show that callback rates for union members decrease significantly in the presence of high sectoral union density and large firm size. I further explore how this effect varies with regional and sectoral labor dispute intensity and find that management opposition is stronger when a sector is exposed to an intense labor dispute. There is evidence that the observed management opposition can be explained by sectoral union threat effects. Sectors with lower hiring discrimination have lower coverage of collective agreements, and in the absence of a collective agreement, they are less likely to follow the collective agreement wage setting.

Keywords: trade unions, Industrial relations, management opposition, union threat, labor disputes, field experiments

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568 Numerical Analysis of the Effect of Geocell Reinforcement above Buried Pipes on Surface Settlement and Vertical Pressure

Authors: Waqed H. Almohammed, Mohammed Y. Fattah, Sajjad E. Rasheed

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Dynamic traffic loads cause deformation of underground pipes, resulting in vehicle discomfort. This makes it necessary to reinforce the layers of soil above underground pipes. In this study, the subbase layer was reinforced. Finite element software (PLAXIS 3D) was used to in the simulation, which includes geocell reinforcement, vehicle loading, soil layers and Glass Fiber Reinforced Plastic (GRP) pipe. Geocell reinforcement was modeled using a geogrid element, which was defined as a slender structure element that has the ability to withstand axial stresses but not to resist bending. Geogrids cannot withstand compression but they can withstand tensile forces. Comparisons have been made between the numerical models and experimental works, and a good agreement was obtained. Using the mathematical model, the performance of three different pipes of diameter 600 mm, 800 mm, and 1000 mm, and three different vehicular speeds of 20 km/h, 40 km/h, and 60 km/h, was examined to determine their impact on surface settlement and vertical pressure at the pipe crown for two cases: with and without geocell reinforcement. The results showed that, for a pipe diameter of 600 mm under geocell reinforcement, surface settlement decreases by 94 % when the speed of the vehicle is 20 km/h and by 98% when the speed of the vehicle is 60 km/h. Vertical pressure decreases by 81 % when the diameter of the pipe is 600 mm, while the value decreases to 58 % for a pipe with diameter 1000 mm. The results show that geocell reinforcement causes a significant and positive reduction in surface settlement and vertical stress above the pipe crown, leading to an increase in pipe safety.

Keywords: dynamic loading, finite element, geocell-reinforcement, GRP pipe, PLAXIS 3D, surface settlement

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567 The Collective Memory, Node Reconstruction and Local Belongingness in the Settlement of Outlying Islands: By Taking the Important Architectural Complex of Wang-an Hua-Zhai Settlement as an Example

Authors: Shu-Yen Wang, Shyh-Huei Hwang

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Designated as an important architectural complex of settlement by the Ministry of Culture, Hua-Zhai Settlement located in Wang-An Township, Peng-Hu County, of Taiwan has been progressively restored year by year and is now at the revitalization and reutilization stage. Over the last 5 years, YunTech has participated in the restoration project while being in compliance with the Bureau of Cultural Heritage’s spirit of 'Living Heritage Conservation'. In this study, reflections have been made to evaluate the contemporariness of traditional settlement development from the aspects of revitalization and reutilization. On the one hand, the connection between settlers’ experiences and emotions have been clarified through the living nodes, collective memory, and social-cultural connotation. On the other hand, activity design has promoted the reconstruction of living nodes and facilitated the reconnection of collective memory, enabling us to explore the contemporariness of living nodes after the reconstruction. With the adoption of literature review, participant observation, and interview analysis methods, this study concludes the following results: 1) The node reconstruction brings back the memories and makes emotional connections: the spatial collective memory is composed of different components. During the reconstruction of node space, villagers participated not only in the narration of the history but also in the restoration of the space. This process enables villagers to bring back their memories and make emotional connections thereto. 2) Villagers’ understanding towards revitalization has been facilitated through node reconstruction: as a medium of this project, activity design has facilitated node reconstruction by offering villagers a natural environment to build up emotional connections to the settlement. This also enables us to better understand the meaning of settlement activation for the local community. 3) New connections are established in life between villagers and the university through the construction of living nodes: through the local implementation of node reconstruction, new connections have been established in life between villagers who participated in the project and the university. In the meantime, the university’s entrance to the community has also been revalued.

Keywords: collective memory, local sense of belonging, reconstruction of living nodes, the important architectural complex of Wang-An Hua-Zhai settlement

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566 Land Use Changes and Its Implications on Livelihood Activities in Msaranga Peri-Urban Settlement in Moshi Municipality, Tanzania

Authors: Magigi Wakuru, Gaudensi Kapinga

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This study examines land use changes and its implications on livelihood activities of peri-urban settlements in Msaranga, Moshi Municipality. Specifically; it analyses the historical development of the settlement, socioeconomic characteristics and land use changes over time. Likely, find out existing livelihood activities and how have been changing over time in the context of urbanization, and lastly highlights land use change implications on livelihood activities to residents. Interviews, observations, documentary reviews and mapping were data collection tools employed. The study shows that housing, urban agriculture, roads infrastructure, recreational, open spaces and institutions are some land use types existing in the settlement. On-farm and off-farm livelihood activities have been identified livelihood activities in the settlement. These include crop cultivation, livestock keeping, trading and formal employment and have been changing over time. However, urbanisation observed to be a catalyst of change and affect livelihood activities over time. Resorting to off-farm livelihoods activities including engaging in retail business and seeking employment in formal and informal sector are some copying strategies documented. The study wind up by pointing roles of different actors and issues of particular attention to different stakeholders towards reducing impact of land use changes on livelihood strategies in the settlement. Likely, unresolved issues for future research and policy development agenda are highlighted in this study. The study concludes that the impact of land use changes on livelihood activities need collaborative effort of different stakeholders, policy enforcement as well as public private partnership in issues based implementation in cities like Moshi where land use is rapidly changing over time within urban planning cycles due to increasing population demand in cities of Sub-Saharan Africa.

Keywords: land use, land use changes, livelihood activities, peri-urban settlement, Moshi, Tanzania

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565 Finite Difference Based Probabilistic Analysis to Evaluate the Impact of Correlation Length on Long-Term Settlement of Soft Soils

Authors: Mehrnaz Alibeikloo, Hadi Khabbaz, Behzad Fatahi

Abstract:

Probabilistic analysis has become one of the most popular methods to quantify and manage geotechnical risks due to the spatial variability of soil input parameters. The correlation length is one of the key factors of quantifying spatial variability of soil parameters which is defined as a distance within which the random variables are correlated strongly. This paper aims to assess the impact of correlation length on the long-term settlement of soft soils improved with preloading. The concept of 'worst-case' spatial correlation length was evaluated by determining the probability of failure of a real case study of Vasby test fill. For this purpose, a finite difference code was developed based on axisymmetric consolidation equations incorporating the non-linear elastic visco-plastic model and the Karhunen-Loeve expansion method. The results show that correlation length has a significant impact on the post-construction settlement of soft soils in a way that by increasing correlation length, probability of failure increases and the approach to asymptote.

Keywords: Karhunen-Loeve expansion, probability of failure, soft soil settlement, 'worst case' spatial correlation length

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564 International Dispute Settlements According to the Law of the Sea: Coastal States vs. Maritime Conflicts

Authors: Ermal Xhelilaj

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International practice has revealed that many maritime conflicts have been initiated as a direct result of coastal states’ disagreements over maritime boundaries and other related maritime issues. These disagreements embrace relevant problematic matters reflecting international conflicts, which in order to prevent further escalation into international crises or even armed conflicts have to be legally resolved. The most challenging cases in international system involve regional or bilateral disputes regarding maritime boundaries delimitations between states, which may result in the activation of respective armed forces, considered crucial elements for the protection of territorial sovereignty. Taken under considerations the legal issues that Law of the Sea Convention (1982) reflects, including the legal provisions over disputes settlements, the importance of analyzing this paramount issue might be considered relevant at present. Therefore, this study will be focused in discussing legal and practical issues that concern the resolution of international maritime disputes seen from international relations point of view, by initially analyzing UN Convention on the Law of the Sea (UNCLOS 1982) relevant legal provisions, further discussing several notable cases over maritime boundaries delimitations as well as concluding with some recommendations related to this issue. The author is of the opinion that although the boundaries delimitation’s legal regime of UNCLOS reflects important standards for dispute settlements, yet considering the complex situation that represents this issue, relevant amendments might be necessary to be undertaken by international maritime organizations in order to further clarify the aforementioned legal matter.

Keywords: Law of the Sea, maritime conflicts, dispute settlements, international relations

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563 Three Dimensional Model of Full Scale Plate Load Test on Stone Column in Sabkha Deposit: Case Study from Jubail Industrial City - Saudi Arabia

Authors: Hassan. A. Abas, Saad A. Aiban

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Soil improvement by means of stone column method is used to improve sabkha soils in order to limit total and differential settlement and to achieve the required bearing capacity. Full-scale plate test was performed on site to confirm the achievement of required bearing capacity at the specified settlement. Despite the fact that this technique is widely used to improve sabkha soils, there are no studies focusing on the behavior of stone columns in such problematic soils. Sabkha soils are known for its high compressibility, low strength and water sensitivity due to loss of salt cementation upon flooding during installation of stone columns. Numerical modeling of plate load test assist to understand complicated behavior of sabkha – stone column interaction. This paper presents a three-dimensional Finite element model, using PLAXIS 3D software, to simulate vertical plate load tests on a stone column installed in sabkha. The predicted settlement values are in reasonable agreement with the field measure values and the field load - settlement curve can be predicted with good accuracy.

Keywords: soil improvement, stone column, sabkha, PLAXIS 3D

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562 Effect of Deep Mixing Columns and Geogrid on Embankment Settlement on the Soft Soil

Authors: Seyed Abolhasan Naeini, Saeideh Mohammadi

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Embankment settlement on soft clays has always been problematic due to the high compaction and low shear strength of the soil. Deep soil mixing and geosynthetics are two soil improvement methods in such fields. Here, a numerical study is conducted on the embankment performance on the soft ground improved by deep soil mixing columns and geosynthetics based on the data of a real project. For this purpose, the finite element method is used in the Plaxis 2D software. The Soft Soil Creep model considers the creep phenomenon in the soft clay layer while the Mohr-Columb model simulates other soil layers. Results are verified using the data of an experimental embankment built on deep mixing columns. The effect of depth and diameter of deep mixing columns and the stiffness of geogrid on the vertical and horizontal movements of embankment on clay subsoil will be investigated in the following.

Keywords: PLAXIS 2D, embankment settlement, horizontal movement, deep soil mixing column, geogrid

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561 The Development and Change of Settlement in Tainan County (1904-2015) Using Historical Geographic Information System

Authors: Wei Ting Han, Shiann-Far Kung

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In the early time, most of the arable land is dry farming and using rainfall as water sources for irrigation in Tainan county. After the Chia-nan Irrigation System (CIS) was completed in 1930, Chia-nan Plain was more efficient allocation of limited water sources or irrigation, because of the benefit from irrigation systems, drainage systems, and land improvement projects. The problem of long-term drought, flood and salt damage in the past were also improved by CIS. The canal greatly improved the paddy field area and agricultural output, Tainan county has become one of the important agricultural producing areas in Taiwan. With the development of water conservancy facilities, affected by national policies and other factors, many agricultural communities and settlements are formed indirectly, also promoted the change of settlement patterns and internal structures. With the development of historical geographic information system (HGIS), Academia Sinica developed the WebGIS theme with the century old maps of Taiwan which is the most complete historical map of database in Taiwan. It can be used to overlay historical figures of different periods, present the timeline of the settlement change, also grasp the changes in the natural environment or social sciences and humanities, and the changes in the settlements presented by the visualized areas. This study will explore the historical development and spatial characteristics of the settlements in various areas of Tainan County. Using of large-scale areas to explore the settlement changes and spatial patterns of the entire county, through the dynamic time and space evolution from Japanese rule to the present day. Then, digitizing the settlement of different periods to perform overlay analysis by using Taiwan historical topographic maps in 1904, 1921, 1956 and 1989. Moreover, using document analysis to analyze the temporal and spatial changes of regional environment and settlement structure. In addition, the comparison analysis method is used to classify the spatial characteristics and differences between the settlements. Exploring the influence of external environments in different time and space backgrounds, such as government policies, major construction, and industrial development. This paper helps to understand the evolution of the settlement space and the internal structural changes in Tainan County.

Keywords: historical geographic information system, overlay analysis, settlement change, Tainan County

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560 The Analysis of Urban Part-To-Whole Relationship in Terms of Residential Areas: Example of Konya

Authors: Gevher Sayar, Dicle Aydın

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The need for shelter which is one of the essential requirement of humanity has emerged for different type of dwelling needs depend on upon different culture and location. Almost all dwellings as an element of the public improvements effect the physical appearance of the city. Dwelling zones create part of whole in terms of urban area use. Whereas in traditional texture merger of parcels create city blocks, in new settlement area city blocks become a part, so the property of each part differs. The perspective of this study is part-to-whole relationship of residential areas and diversified residential areas are illustrated. The purpose of this study is that dwelling applications which have constructed quickly as gated community in the last 20 years in new settlement area of Konya (Turkey) have compared traditional texture in terms of part-to-whole relationship. According to the perception of traditional neighborhood in Konya, the relationship of houses between street pattern and each other are suited for city culture and location. In contrast, new settlement areas cannot become integrated another part of city, they have become restricted areas, so new settlement areas have not integrated, they have separated. The perception of part forms whole has changed, roads provide the relationship of growing parts with one another and walls of gated communities has disjunctive feature. In this study, by using visual analysis photographs and technical drawings are used. Traditional texture and current dwelling have compared.

Keywords: dwelling, residential area, urban part, urban whole

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559 Community-Based Settlement Environment in Malalayang Coastal Area, Manado City

Authors: Teguh R. Hakim, Frenny F. F. Kairupan, Alberta M. Mantiri

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The face of the coastal city is generally the same as other cities face showing the dualistic, traditional and modern, rural and urbanity, planned and unplanned, slum and high quality. Manado city is located on the northern coastal areas of the island of Sulawesi, Indonesia. Manado city is located on the northern coastal areas of the island of Sulawesi, Indonesia. Urban environmental problems ever occurred in this city, which is the impact of dualistic urban. Overcrowding, inadequate infrastructure, and limited human resources become the main cause of untidiness the coastal settlements in Malalayang. This has an impact on the activities of social, economic, public health level in the environment of coastal City of Manado, Malalayang. This is becoming a serious problem which must be tackled jointly by the government, private parties, and the community. Community-based settlement environment setup, into one solution to realize the city's coastal settlements livable. As for this research aims to analyze the involvement of local communities in arrangements of the settlement. The participatory approach of the model used in this study. Its application is mainly at macro and meso-scale (region, city, and environment) or community architecture. Model participatory approach leads more operational research approach to find a solution/answer to the problems of settlement. The participatory approach is a model for research that involves researchers and society as an object at the same time the subject of research, which in the process in addition to researching also developed other forms of participation in the design and build together. The expected results of this study were able to provide education to the community about environmental and set up a livable settlement for the sake of improving the quality of life. The study also becomes inputs to the government in applying the pattern of development that will be implemented in the future.

Keywords: arrangements the coastal environment, community participation, urban environmental problems, livable settlement

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558 Auroville; Landscapes of Life, Living and Being

Authors: Anandit Sachdev

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Auroville, a settlement in Tamil Nadu, India, is based on the principles of ‘human unity’as defined by Indian philosopher Sri Aurobindo. The settlement was conceptualized on these principles by Sri Aurobindo’s spiritual partner Mirra Alfassa, known as ‘The Mother’ to the Aurovillians. In common perception, the settlement is an experiment in achieving ‘human unity’ through sustainable living. Since its inception in late 1960s, the settlement has attracted people from a variety of nationalities, each understanding, seeking, and rendering ‘human unity’ in their own unique way. This multiplicity of inhabitation has created and continues to create complex and layered human and more-than-human geographies, which are collectively understood as Auroville. This essay builds on these multiple narratives of local metaphysical and every inhabitation of spiritual and philosophical ideas of Sri Aurobindo as rendered in materiality by the Mother. The research aims to assess how theseforms of everyday spirituality conflict, interact, and engage with the principles of Auroville. The research further aims to understands how, if at all, the diverse landscapes of social, cultural, and infrastructural conflictssynthesizewhen perceived through the lens of spirituality. The research does so by detailing the different forms of the built environment which evoke the transcendental and its underlying processes. While doing so, it aims to understand how different manifestations of interiority within the Aurovillian landscape tie back to the self and its entanglements. By analysing the settlement through a spiritual lens, the research ultimately ties together questions relating to the built environment and ontology and asks how each facilitates a continuous synthesis with the other. Lastly, the paper enquires if these ongoing processes of synthesis of built space and ontological entanglements are what can be conceptualized as ‘human unity’ as perceived by Sri Aurobindo himself.

Keywords: sacrality, sacred, spirituality, philosophy, Indian philosophy, auroville, India

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557 Experimental Investigation on the Efficiency of Expanded Polystyrene Geofoam Post and Beam System in Protecting Lifelines

Authors: Masood Abdollahi, Seyed Naser Moghaddas Tafreshi

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Expanded polystyrene (EPS) geofoam is a cellular geosynthetic material that can be used to protect lifelines (e.g. pipelines, electricity cables, etc.) below ground. Post and beam system is the most recent configuration of EPS blocks which can be implemented for this purpose. It provides a void space atop lifelines which allows settlement of the loading surface with imposing no pressure on the lifelines system. This paper investigates the efficiency of the configuration of post-beam system subjected to static loading. To evaluate the soil surface settlement, beam deformation and transferred pressure over the beam, laboratory tests using two different densities for EPS blocks are conducted. The effect of geogrid-reinforcing the cover soil on system response is also investigated. The experimental results show favorable performance of EPS post and beam configuration in protecting underground lifelines. 

Keywords: beam deformation, EPS block, laboratory test, post-Beam system, soil surface settlement

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556 Mediation as an Effective Tool for Resolving Sports Disputes

Authors: Mohd Akram Shair Mohamad

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The relation to the infinite variety issues sprouting in sports or lex sportiva, like lex mercatoria in the early centuries, has now come of age and even begun a maturing process in the past thirty-five years or so. Lex sportiva now straddles sports management, sports medicine, tort, criminal law, employment contract, competition law and a host of multifarious activities related to sports. This has catapulted a host of legal issue and problems, demanding urgent legal solutions to actual or potential disputes. This paper discusses the nature and development of lex sportiva, and how it is able to resolve sports disputes. Resolving sports dispute via the tiresome, dilatory and expensive process of litigation is most unsuitable. Arbitration may not be equally a satisfactory solution. The paper strongly advocates the far the most effective and resolution friendly mode of settling sports disputes namely, mediation. In support it highlights numerous advantages mediation has to offer and with reference to many significant sports disputes which had been successfully resolved via mediation.

Keywords: alternative dispute resolution, mediation, arbitration, litigation

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555 Full-Scale Test of a Causeway Embankment Supported by Raft-Aggregate Column Foundation on Soft Clay Deposit

Authors: Tri Harianto, Lawalenna Samang, St. Hijraini Nur, Arwin

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Recently, a port development is constructed in Makassar city, South Sulawesi Province, Indonesia. Makassar city is located in lowland area that dominated by soft marine clay deposit. A two kilometers causeway construction was built which is situated on the soft clay layer. In order to investigate the behavior of causeway embankment, a full-scale test was conducted of high embankment built on a soft clay deposit. The embankment with 3,5 m high was supported by two types of reinforcement such as raft and raft-aggregate column foundation. Since the ground was undergoing consolidation due to the preload, the raft and raft-aggregate column foundations were monitored in order to analyze the vertical ground movement by inducing the settlement of the foundation. In this study, two types of foundation (raft and raft-aggregate column) were tested to observe the effectiveness of raft-aggregate column compare to raft foundation in reducing the settlement. The settlement monitored during the construction stage by using the settlement plates, which is located in the center and toe of the embankment. Measurements were taken every day for each embankment construction stage (4 months). In addition, an analytical calculation was conducted in this study to compare the full-scale test result. The result shows that the raft-aggregate column foundation significantly reduces the settlement by 30% compared to the raft foundation. A raft-aggregate column foundation also reduced the time period of each loading stage. The Good agreement of analytical calculation compared to the full-scale test result also found in this study.

Keywords: full-scale, preloading, raft-aggregate column, soft clay

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554 Rethinking the Use of Online Dispute Resolution in Resolving Cross-Border Small E-Disputes in EU

Authors: Sajedeh Salehi, Marco Giacalone

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This paper examines the role of existing online dispute resolution (ODR) mechanisms and their effects on ameliorating access to justice – as a protected right by Art. 47 of the EU Charter of Fundamental Rights – for consumers in EU. The major focus of this study will be on evaluating ODR as the means of dispute resolution for Business-to-Consumer (B2C) cross-border small claims raised in e-commerce transactions. The authors will elaborate the consequences of implementing ODR methods in the context of recent developments in EU regulatory safeguards on promoting consumer protection. In this analysis, both non-judiciary and judiciary ODR redress mechanisms are considered, however, the significant consideration is given to – obligatory and non-obligatory – judiciary ODR methods. For that purpose, this paper will particularly investigate the impact of the EU ODR platform as well as the European Small Claims Procedure (ESCP) Regulation 861/2007 and their role on accelerating the access to justice for consumers in B2C e-disputes. Although, considerable volume of research has been carried out on ODR for consumer claims, rather less (or no-) attention has been paid to provide a combined doctrinal and empirical evaluation of ODR’s potential in resolving cross-border small e-disputes, in EU. Hence, the methodological approach taken in this study is a mixed methodology based on qualitative (interviews) and quantitative (surveys) research methods which will be mainly based on the data acquired through the findings of the Small Claims Analysis Net (SCAN) project. This project contributes towards examining the ESCP Regulation implementation and efficiency in providing consumers with a legal watershed through using the ODR for their transnational small claims. The outcomes of this research may benefit both academia and policymakers at national and international level.

Keywords: access to justice, consumers, e-commerce, small e-Disputes

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553 Improvement of Sandy Clay Soils with the Addition of Rice Husk Ash and Expanded Polystyrene Beads

Authors: Alvaro Quino, Roger Trejo, Gary Duran, Jordy Viso

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This article presents a study on the lightening and improvement of properties of soil extracted in the province of Talara in the department of Piura -Peru, to be used in filling in the construction of embankments for roads. This soft soil has a high percentage of elastic settlement and consolidation settlement. Currently, there are different methods that seek to mitigate the impact of this problem, which have achieved favorable results. As a contribution to these investigations, we propose the use of two lightening materials to be used in the filling of embankments; these materials are expanded polystyrene beads (EPS) and rice husk ash (RHA). Favorable results were obtained, such as a reduction of 14.34% of the volumetric weight, so the settlement will be reduced. In addition, it is observed that as the RHA dosage increases, the shear resistance increases. In this article, soil mechanics tests were performed to determine the effectiveness of this method in lightening and improving properties for the soil under study.

Keywords: sandy clay soils, rice husk ash, expanded polystyrene, soft soils

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552 A Seismic Study on The Settlement of Superstructures Due to the Tunnel Construction

Authors: Seyed Abolhasan Naeini, Saeideh Mohammadi

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Rapid urban development leads to the construction of urban tunnels for transport. Passage of tunnels under the surface structures and utilities prompted the changes in the site conditions and hence alteration of the dynamic response of surface structures. Therefore, in this study, the effect of the interaction of tunnel-superstructure on the site response is investigated numerically. For this purpose, Fast Lagrangian Analysis of Continua (FLAC 2D) is used, and stratification and properties of soil layers are selected based on the line No 7 of Tehran subway. The superstructure is modeled both as an equivalent surcharge and the actual structure, and the results are compared. A comparison of the results shows that consideration of structure geometry is necessary for dynamic analysis and it leads to the changes in displacements and accelerations. Consequently, the geometry of the superstructure should be modeled completely instead of the application of an equivalent load. The effect of tunnel diameter and depth on the settlement of superstructures is also studied. Results show that when the tunnel depth and diameter grow, the settlements increase considerably.

Keywords: tunnel, FLAC2D, settlement, dynamic analysis

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551 Finite Element Simulation of Embankment Bumps at Bridge Approaches, Comparison Study

Authors: F. A. Hassona, M. D. Hashem, R. I. Melek, B. M. Hakeem

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A differential settlement at the end of a bridge near the interface between the abutment and the embankment is a persistent problem for highway agencies. The differential settlement produces the common ‘bump at the end of the bridge’. Reduction in steering response, distraction to the driver, added risk and expense to maintenance operation, and reduction in a transportation agency’s public image are all undesirable effects of these uneven and irregular transitions. This paper attempts to simulate the bump at the end of the bridge using PLAXIS finite element 2D program. PLAXIS was used to simulate a laboratory model called Bridge to Embankment Simulator of Transition (B.E.S.T.) device which was built by others to investigate this problem. A total of six numerical simulations were conducted using hardening- soil model with rational assumptions of missing soil parameters to estimate the bump at the end of the bridge. The results show good agreements between the numerical and the laboratory models. Important factors influencing bumps at bridge ends were also addressed in light of the model results.

Keywords: bridge approach slabs, bridge bump, hardening-soil, PLAXIS 2D, settlement

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550 3D Numerical Analysis of Stone Columns Reinforced with Horizontal and Vertical Geosynthetic Materials

Authors: R. Ziaie Moayed, A. Khalili

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Improvement and reinforcement of soils with poor strength and engineering properties for constructing low height structures or structures such as liquid storage tanks, bridge columns, and heavy structures have necessitated applying particular techniques. Stone columns are among the well-known methods applied in such soils. This method provides an economically justified way for improving engineering properties of soft clay and loose sandy soils. Stone column implementation in these soils increases their bearing capacity and reduces the settlement of foundation build on them. In the present study, the finite difference based FLAC3D software was used to investigate the performance and effect of soil reinforcement through stone columns without lining and those with geosynthetic lining with different levels of stiffness in horizontal and vertical modes in clayey soils. The results showed that soil improvement using stone columns with lining in vertical and horizontal modes results in improvement of bearing capacity and foundation settlement.

Keywords: bearing capacity, FLAC3D, geosynthetic, settlement, stone column

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549 Outdoor Thermal Environment Measurement and Simulations in Traditional Settlements in Taiwan

Authors: Tzu-Ping Lin, Shing-Ru Yang

Abstract:

Climate change has a significant impact on human living environment, while the traditional settlement may suffer extreme thermal stress due to its specific building type and living behavior. This study selected Lutaoyang, which is the largest settlement in mountainous areas of Tainan County, for the investigation area. The microclimate parameters, such as air temperature, relative humidity, wind speed, and mean radiant temperature. The micro climate parameters were also simulated by the ENVI-met model. The results showed the banyan tree area providing good thermal comfort condition due to the shading. On the contrary, the courtyard (traditionally for the crops drying) surrounded by low rise building and consisted of artificial pavement contributing heat stress especially in summer noon. In the climate change simulations, the courtyard will become very hot and are not suitable for residents activities. These analytical results will shed light on the sustainability related to thermal environment in traditional settlements and develop adaptive measure towards sustainable development under the climate change challenges.

Keywords: thermal environment, traditional settlement, ENVI-met, Taiwan

Procedia PDF Downloads 475
548 Analytical Approach to Study the Uncertainties Related to the Behavior of Structures Submitted to Differential Settlement

Authors: Elio El Kahi, Michel Khouri, Olivier Deck, Pierre Rahme, Rasool Mehdizadeh

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Recent developments in civil engineering create multiple interaction problems between the soil and the structure. One of the major problems is the impact of ground movements on buildings. Consequently, managing risks associated with these movements, requires a determination of the different influencing factors and a specific knowledge of their variability/uncertainty. The main purpose of this research is to study the behavior of structures submitted to differential settlement, in order to assess their vulnerability, taking into consideration the different sources of uncertainties. Analytical approach is applied to investigate on one hand the influence of these uncertainties that are related to the soil, and on the other hand the structure stiffness variation with the presence of openings and the movement transmitted between them as related to the origin and shape of the free-field movement. Results reveal the effect of taking these uncertainties into consideration, and specify the dominant and most significant parameters that control the ground movement associated with the Soil-Structure Interaction (SSI) phenomenon.

Keywords: analytical approach, building, damage, differential settlement, soil-structure interaction, uncertainties

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547 Controlling Differential Settlement of Large Reservoir through Soil Structure Interaction Approach

Authors: Madhav Khadilkar

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Construction of a large standby reservoir was required to provide secure water supply. The new reservoir was required to be constructed at the same location of an abandoned old open pond due to space constraints. Some investigations were carried out earlier to improvise and re-commission the existing pond. But due to a lack of quantified risk of settlement from voids in the underlying limestone, the shallow foundations were not found feasible. Since the reservoir was resting on hard strata for about three-quarter of plan area and one quarter was resting on soil underlying with limestone and considerably low subgrade modulus. Further investigations were carried out to ascertain the locations and extent of voids within the limestone. It was concluded that the risk due to lime dissolution was acceptably low, and the site was found geotechnically feasible. The hazard posed by limestone dissolution was addressed through the integrated structural and geotechnical analysis and design approach. Finite Element Analysis was carried out to quantify the stresses and differential settlement due to various probable loads and soil-structure interaction. Walls behaving as cantilever under operational loads were found undergoing in-plane bending and tensile forces due to soil-structure interaction. Sensitivity analysis for varying soil subgrade modulus was carried out to check the variation in the response of the structure and magnitude of stresses developed. The base slab was additionally checked for the loss of soil contact due to lime pocket formations at random locations. The expansion and contraction joints were planned to receive minimal additional forces due to differential settlement. The reservoir was designed to sustain the actions corresponding to allowable deformation limits per code, and geotechnical measures were proposed to achieve the soil parameters set in structural analysis.

Keywords: differential settlement, limestone dissolution, reservoir, soil structure interaction

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546 An Analytical Survey of Construction Changes: Gaps and Opportunities

Authors: Ehsan Eshtehardian, Saeed Khodaverdi

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This paper surveys the studies on construction change and reveals some of the potential future works. A full-scale investigation of change literature, including change definitions, types, causes and effects, and change management systems, is accomplished to explore some of the coming change trends. It is tried to pick up the critical works in each section to deduct a true timeline of construction changes. The findings show that leaping from best practice guides in late 1990s and generic process models in the early 2000s to very advanced modeling environments in the mid-2000s and the early 2010s have made gaps along with opportunities for change researchers in order to develop some more easy and applicable models. Another finding is that there is a compelling similarity between the change and risk prediction models. Therefore, integrating these two concepts, specifically from proactive management point of view, may lead to a synergy and help project teams avoid rework. Also, the findings show that exploitation of cause-effect relationship models, in order to facilitate the dispute resolutions, seems to be an interesting field for future works.

Keywords: construction change, change management systems, dispute resolutions, change literature

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545 Namibian Inhabitants’ Appeals for Recognition at the United Nations, 1947-1962

Authors: Seane Mabitsela

Abstract:

The Territory of Namibia was entrusted to South Africa as a Mandate under the League of Nations Covenant. After the dissolution of the League of Nations and the commencement of United Nations operations, South Africa's conception of its legal obligations under the mandate varied from those of other members of the United Nations. Because of that, the General Assembly requested the International Court of Justice for an Advisory Opinion on the international obligations of South Africa arising therefrom. The International Court of Justice declared that South West Africa was still a mandatory territory under the Covenant of the League of Nations. It also held that South Africa continued to transmit petitions from inhabitants of the territory, the supervisory functions to be exercised by the United Nations, to which the annual reports and the petitions were to be submitted. Subject to this judgement, the question of South West Africa remained a dispute relating to the mandate brought before the International Court of Justice against South Africa. The International Court of Justice and South Africa dispute reflected the nature of the Namibian inhabitants’ appeal for recognition at the United Nations.

Keywords: International Court of Justice, Namibia, petitions, United Nations

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544 House Extension Strategy in High-Density Informal Settlement: A Case Study in Kampung Cikini, Jakarta, Indonesia

Authors: Meidesta Pitria, Akiko Okabe

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In high-density informal settlement, extension area at the outside of the houses could primarily happen as a spatial modification response. House extension in high-density informal settlement is not only becoming a physical spatial modification that makes a blur zone between private and public but also supporting the growth and existence of informal economy and other daily activities in both individuals and communities. This research took a case study in an informal settlement named Kampung Cikini, a densely populated area in Central Jakarta. The aim of this study is to identify and clarify house extension as a strategy in dealing with urbanization in an informal settlement. By using the perspective and information from housewives, the analysis is based on the assumption that land ownership transformation and the activities in house extension area influence the different kinds of house extension’s spatial modification and local planning policy in relation with the implementation of house extension strategy. The data collection was done in four sites, two sites are located in outer-wide alley and another two sites are located in inner-narrow alley. In this research, data of 104 housewives in 86 houses were collected through representatives of housewives and local leader of each sites. The research was started from participatory mapping process, deep interview with local leader, and initiated collaboration with housewives community in having a celebration as communal event to cultivate together the issue. This study shows that land ownership, activities, and alley are indispensable in the decision of extension space making. The more permanency status of land ownership the more permanent and various extension could be implemented. However, in some blocks, the existence of origin house or first land owner also has a significant role in coordination and agreement in using and modifying extension space. In outer-wide alley, the existence of more various activities in front area of the houses is significantly related with the chance given by having wider alley, particularly for informal income generating activities. In the inner-narrow alley, limited space in front of the houses affects more negotiations in the community for having more shared spaces, even inside their private space.

Keywords: house extension, housewives, informal settlement, kampung, high density

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543 The Usage of Adobe in Historical Structures of Van City

Authors: Mustafa Gülen, Eylem Güzel, Soner Guler

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The studies concentrated on the historical background of Van show the fact that Van has had a significant position as a settlement since ancient times and that it has hosted many civilizations during history. With the dominance of Ottoman Empire in 16th century, the region had been re-constructed by building new walls at the southern side of Van Castle. These construction activities had mostly been fulfilled by the usage of adobe which had been a fundamental material for thousands of years. As a result of natural disasters, battles and the move at the threshold of 20th century to the new settlement which is 9 kilometers away from the Ancient City Van is an open-air museum with the ruins of churches, mosques and baths. In this study, the usage of adobe in historical structures of Van city is evaluated in detail.

Keywords: historical structures, adobe, Van city, adobe

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542 Housing and Urban Refugee: An Introspective Study on Bihari Camp of Mirpur, Dhaka

Authors: Fahmida Nusrat, Sumaia Nasrin, Pinak Sarker

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

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

Procedia PDF Downloads 166