Search results for: municipal jurisdiction
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 571

Search results for: municipal jurisdiction

571 Determination of International Jurisdiction of Courts over Disputes Arising from Electronic Consumer Contracts

Authors: Aslihan Coban

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As a result of the rapid development of information communication technology, especially the internet, consumers have become an active party in commerce and in law. Consequently, the protection of consumers in cross-border contracts has become increasingly important. This paper is confined to the international jurisdiction of courts over disputes arising from electronic consumer contracts according to the ‘5718 Turkish Act on Private International Law and Civil Procedure’ and the ‘1215/2012 Council Regulation On Jurisdiction and The Recognition and Enforcement Of Judgments In Civil and Commercial Matters’ (Hereafter ‘Brussels I Regulation’). The international jurisdiction of courts for consumer contracts is recognized under both acts above-mentioned; however, there exist some differences between the said legal regulations. Firstly, while there is a specific provision for electronic consumer contracts in Brussels I Regulation, there is no specific provision in the Turkish Act. Secondly, under the Turkish Act, habitual residence, domicile, and workplace of the other party who is not a consumer are all accepted as jurisdiction elements; while domicile is the only jurisdiction element in Brussels I Regulation. Thirdly, the ability to make jurisdiction agreements in disputes arising from electronic consumer contracts is a controversial issue under the Turkish Act while it is explicitly regulated under Brussels I Regulation that such jurisdiction agreements can be concluded by complying with certain conditions.

Keywords: Brussels I Regulation, electronic consumer contracts, jurisdiction, jurisdiction agreement

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570 Juridical Protection to Consumers in Electronic Contracts: Need of a Uniform International Law

Authors: Parul Sinha

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Electronic commerce facilitates increased choice and information on goods or services for consumers but at the same time it compounds the inequality of bargaining power many consumers face when contracting with sellers. Due to the ‘inequality of bargaining power’ experienced by consumers when contracting by electronic means with business sellers in different jurisdictions, it may be difficult to determine where either the consumer is domiciled or the place where the seller is situated or conducts its business. The question arises in such situation that if one party wants to sue the other, then where can one sue? Which court has jurisdiction to try international conflicts arising from electronic contracts concluded through the internet? Will the same rules applicable to conventional contracts apply? Or should other considerations be taken into account? In all these situations the degree of consumer protection in electronic contracts comes into picture. In the light of the above, the paper discusses the jurisdiction and choice of law rules applied in EU and United States. Further, the paper considers the current uncertainty plaguing questions of jurisdiction in India. Therefore, the jurisdiction and choice of law rules for electronic contracts must be applied consistently and provide an automatic, harmonised rule in favour of the consumer’s jurisdiction and law. Lastly, the paper suggests the need for a uniform law in order to achieve effective juridical protection.

Keywords: electronic commerce, electronic contracts, jurisdiction, consumer protection

Procedia PDF Downloads 217
569 A Strategic Performance Control System for Municipal Organization

Authors: Emin Gundogar, Aysegul Yilmaz

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Strategic performance control is a significant procedure in management. There are various methods to improve this procedure. This study introduces an information system that is developed to score performance for municipal management. The application of the system is clarified by exemplifying municipal processes.

Keywords: management information system, municipal management, performance control

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568 An Information System for Strategic Performance Scoring in Municipal Management

Authors: Emin Gundogar, Aysegul Yilmaz

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Strategic performance scoring is a significant procedure in management. There are various methods to improve this procedure. This study introduces an information system that is developed to score performance for municipal management. The application of the system is clarified by exemplifying municipal processes.

Keywords: management information system, municipal management, performance scoring

Procedia PDF Downloads 739
567 Trends of Municipal Council Members in Practicing His Role on Municipality's Main Municipal Activities in the Kingdom of Saudi Arabia

Authors: Ameer Alalwan

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Summary: The aim of this research is to identify trends of municipal council member in practicing his administrative control, decision-making, and counsultive role on municipalities' main municipal activities in the kingdom of Saudi Arabia. This research is conducted after the implementation of the new municipal system resolution no. (M\61) in 1435 in the work of municipal councils for the third session. To achieve the goal of this research, a questionnaire has been designed to obtain the opinion of municipal councils on this matter. This questionnaire has been tested for reliability and validity. The results of this research show that in general performance of municipal council is moderate after the implementation of the new municipal system resolution no. (M\61) in 1435 in the work of municipal councils for the third session. Also, extend that municipal council member practice his roles on the main municipality activities is moderate and weak. In addition, results show that municipal council member practice big role in decision-making, and moderate role in administrative control, and weaker role in giving opinion on municipality main issues. Furthermore, the results show that there is a significant difference between municipal council member's responses by the change of their Personal characteristics. Educated and appointed municipal council members practicing their role more than others do. In addition, municipal council presidents, and vice presidents, and in regional and sub-regional municipalities practice their role more than others do. Finally, this research in general recommened that muincialty council member must be empowered, so that he can practice his role on muicipality main activities. In addition, research suggest, granting municipal council member the authority, resources needed, training and appointment of qualified members, so that they will be able to practice their roles. Furthermore, this research suggest for the time being maintain certain percent of municipal council's appointed until this experience mature in the kingdom.

Keywords: municipal council, municipal council member, municipality, decision-making role

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566 Sub-Municipal Government as a Tool for Decentralization

Authors: Mirko Klaric

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In different countries, sub-municipal units have different organizational and political positions. In some countries, the role of sub-municipal units is important; in others, it is marginal. That depends on the organization of the local government system in different countries, and the political role of local self-government units, their size, public authorities, and the possibility for managing various local public tasks. This paper attempts to analyze the sub-municipal government as an organizational form of local governance participation of citizens in the local community with a comparative perspective. Secondly, it presents elements that generally format sub-municipal government as a tool for strengthening of democratization processes in local government units. Those elements are crucial for the understanding of the dynamic in relation to local government vs. sub-municipal government. Special focus is put on the sub-municipal government in South-Eastern European countries, which have a common history and institutional framework, with this main question: how can sub-municipal government contribute to strengthening democratic processes in these countries. In centralized countries, the sub-municipal government usually has a reduced role, which relates to managing public tasks connected with local community needs. The purpose of this comparative research methodology is used for analyzing the present organization and role of sub-municipal government in local government systems in Croatia and other significant countries in Europe, with a special focus on the states in South-Eastern Europe and Croatia. Comparative analyses attempt to show that local government systems with bigger local government units have more significant sub-municipal government. On the other hand, local government systems with small local government units don’t have a strong sub-municipal government. Finally, this paper aims to present ideas on how the sub-municipal government can improve decentralization and contribute to better development of the local community and the whole of society.

Keywords: public administration, local government, sub-municipal government, decentralization

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565 Jurisdictional Problem of International Criminal Court over National of Non-Parties: A Legal Analysis in the Light of Rome Statute

Authors: Nour Mohammad

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The concept of International Criminal Court is not a new idea.It goes back to the late 19th century and was first mooted in 1872 by Gustave Moynier of the International Commitee of the Red Cross(ICRC). This paper attempts to focus on jurisdictional problem of the international criminal court (ICC) over national of states of non parties to the Rome statute. Mor than 120 countries are state parties to the Rome Statute representing all regions, Afria, the Asia-pacofoc Eastern Europe, Latin America and the Caribben as well as Western Europe and North America.The Statute is the core document of internationa criminal law todaycontaining 128 Articles and divided in 13 parts.The Rome Statute provides that the court may sit elsewhere the judge consider it desirable.The International Criminal Court is not in a position to adjudicate all international crimes but its jurisdiction is limited to the four categories of crime viz. genocide, crimes against humanity, war crimes and crime of aggression as stipulated in Article 5 of the ICC Statute. It also mention here that the Court will be able to exercise its jurisdiction over the crime of aggression only when this crime is defined. Due to the highly political nature of this crime, it is unlikely that a consensus in this regard would be arrived at in the near future.The main point of this article is to discuss the mandate of international criminal court to prosecute and punish persons responsible for the henious crimes of concern to the international community.The author highlighted the principles which support the delegation of criminal jurisdiction by state to international tribunals and discuss the precedents of such delegation.It also argued that the exercise of ICC jurisdiction over acts done pursuant to the officially policy of non-party state would not be contrary to the principles requiring consent for the exercise of jurisdiction by international tribunals. The article explore the limit to jurisdiction of ICC over non-party nationals.

Keywords: jurisdiction, international, criminal, court, non-parties

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

Authors: Sara Vora (Hoxha)

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

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

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563 Revisiting the Jurisprudence of the Appellate Courts on the Jurisdiction of the Shari'ah Court of Appeal under Selected Nigerian Constitutions

Authors: Dahiru Jafaru Usman

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Nigerian courts have been sanctioned by a plethora of authorities to always employ the literal rule in interpreting statutes where the language of the statute is clear and unambiguous. This cardinal rule of interpretation appears not to be employed on Shari'ah issues in Nigeria. This is more pronounced in the interpretation of the jurisdiction of the Shari'ah Court of Appeal (hereinafter the court). The paper doctrinally assesses the judicial attitude of Nigerian appellate courts towards the construction of Section 277 of the 1999 Constitution as amended and other relevant statutory enactments by the State Houses of Assembly. The paper argues that a careful examination of the wordings of the constitution on the jurisdiction of the court literally reveals the intention of the constitutional drafters empowering the National Assembly and States' House of Assemblies to add to the itemised jurisdictional areas of the court other matters not mentioned. The paper found that the appellate courts failed in their construction of the constitutional provisions to accord the words and phrases used in the establishment, jurisdiction, and quorum sections of the court their ordinary and grammatical meaning. This results in consistent limitation of the jurisdiction of the court to matters of Islamic personal law. This remains so even when Decree No. 26 of 1986 was in force suspending and amending the provisions of the 1979 Constitution deleting the word 'personal' in the suspended Nigerian Constitutions. In order not to render section 277 futile, the paper recommends that appellate courts in Nigeria should as required by rules of statutory interpretation adopt literal and ordinary grammatical meaning in interpreting constitutional provisions on the jurisdiction of the court. It is further recommended that appellate courts must interpret the provisions of the 1999 constitution in a manner not to frustrate the several decades' yearnings of the Muslims for a court that would hear all their appellate criminal and civil matters on the path of Shari'ah from the lowest court to the highest. This is a duty the Nigerian Supreme Court placed on their shoulders.

Keywords: interpretation of statutes, jurisdiction, literal rule, Nigeria, Shari'ah Court of Appeal, 1999 Constitution

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562 The Influence of Immunity on the Behavior and Dignity of Judges

Authors: D. Avnieli

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Immunity of judges from liability represents a departure from the principle that all are equal under the law, and that victims may be granted compensation from their offenders. The purpose of the study is to determine if judicial immunity coincides with the need to ensure the existence of highly independent and incorruptible judiciary. Judges are immune from civil and criminal liability for their judicial acts. Judicial immunity is justified by the need to maintain complete independence and discretion of the judiciary. Scholars and judges believe that absolute immunity is needed to shield judges from pressures, threats, or outside interference. It is commonly accepted, that judges should be free to perform their judicial role in accordance with their assessment of the fact and their understanding of the law, without any restrictions, influences, inducements or interferences. In most countries, immunity applies when judges act in excess of jurisdiction. In some countries, it applies even when they act maliciously or corruptly. The only exception to absolute immunity applicable in all judicial systems is when judges act without jurisdiction over the subject matter. The Israeli Supreme Court recently decided to embrace absolute immunity and strike off a lawsuit of a refugee, who was unlawfully incarcerated. The Court ruled that the plaintiff cannot sue the State or the judge for damages. The questions of malice, dignity, and public scrutiny were not discussed. This paper, based on comparative analysis of many cases, aims to determine if immunity affects the dignity and behavior of judges. It demonstrates that most judges maintain their dignity and ethical code of behavior, but sometimes do not hesitate to act consciously in excess of jurisdiction, and in rare cases even corruptly. Therefore, in order to maintain independent and incorruptible judiciary, immunity should not be applied where judges act consciously in excess of jurisdiction or with malicious incentives.

Keywords: incorruptible judiciary, immunity, independent, judicial, judges, jurisdiction

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561 Compaction of Municipal Solid Waste

Authors: Jovana Jankovic Pantic, Dragoslav Rakic, Tina Djuric, Irena Basaric Ikodinovic, Snezana Bogdanovic

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Regardless of the numerous activities undertaken to reduce municipal solid waste, its annual volumes continue to grow. In Serbia, the most common and the only one form of waste disposal is at municipal landfills with daily compaction and soil covering. Municipal waste compacting is one of the basic components of the disposal process. Well compacted waste takes up less volume and allows much safer storage. In order to better predict the behavior of municipal waste at landfills, it is necessary to define compaction parameters: the maximum dry unit weight and optimal moisture content. In current geotechnical practice, the most common method of determination compaction parameters is by the standard method (Proctor compaction test) used in soil mechanics, with an eventual reduction of compaction energy. Although this methodology is accepted in newer geotechnical scientific discipline "waste mechanics", different treatments of municipal waste at the landfill itself (including pretreatment), indicate the need to change this classical approach. The main reason for that is the simulation of the operation of compactors (hedgehogs) at the landfill. Therefore, during the research, various innovative solutions are introduced, such as changing the classic flat Proctor hammer, by adding spikes, whose function is, in addition to compaction, destruction and shredding of municipal waste. The paper presents the behavior of municipal waste for four synthetic waste samples with different waste compositions (Plandište landfill). The samples were tested in standard Proctor apparatus at the same compaction energy, but with two different hammers: standard flat hammer and hammer with spikes.

Keywords: compaction, hammer with spikes, landfill, municipal solid waste, proctor compaction test

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560 Constitutive Model for Analysis of Long-Term Municipal Solid Waste Landfill Settlement

Authors: Irena Basaric Ikodinovic, Dragoslav Rakic, Mirjana Vukicevic, Sanja Jockovic, Jovana Jankovic Pantic

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Large long-term settlement occurs at the municipal solid waste landfills over an extended period of time which may lead to breakage of the geomembrane, damage of the cover systems, other protective systems or facilities constructed on top of a landfill. Also, municipal solid waste is an extremely heterogeneous material and its properties vary over location and time within a landfill. These material characteristics require the formulation of a new constitutive model to predict the long-term settlement of municipal solid waste. The paper presents a new constitutive model which is formulated to describe the mechanical behavior of municipal solid waste. Model is based on Modified Cam Clay model and the critical state soil mechanics framework incorporating time-dependent components: mechanical creep and biodegradation of municipal solid waste. The formulated constitutive model is optimized and defined with eight input parameters: five Modified Cam Clay parameters, one parameter for mechanical creep and two parameters for biodegradation of municipal solid waste. Thereafter, the constitutive model is implemented in the software suite for finite element analysis (ABAQUS) and numerical analysis of the experimental landfill settlement is performed. The proposed model predicts the total settlement which is in good agreement with field measured settlement at the experimental landfill.

Keywords: constitutive model, finite element analysis, municipal solid waste, settlement

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559 The Quality of Working Life and the Organizational Commitment of Municipal Employee in Samut Sakhon Province

Authors: Mananya Meenakorn

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This research aims to investigate: (1) Relationship between the quality of working life and organizational commitment of municipal employee in Samut Sakhon Province. (2) To compare the quality of working life and the organizational commitment of municipal employee in Samut Sakhon Province by the gender, age, education, official experience, position, division, and income. This study is a quantitative research; data was collected by questionnaires distributed to the municipal employee in Samut Sakhon province for 241 sample by stratified random sampling. Data was analyzed by descriptive statistic including percentage, mean, standard deviation and inferential statistic including t-test, F-test and Pearson correlation for hypothesis testing. Finding showed that the quality of working life and the organizational commitment of municipal Employee in Samut Sakhon province in terms of compensation and fair has a positive correlation (r = 0.673) and the comparison of the quality of working life and organizational commitment of municipal employees in Samut Sakhon province by gender. We found that the overall difference was statistically significant at the 0.05 level and we also found stability and progress in career path and the characteristics are beneficial to society has a difference was statistically significant at the 0.01 level, and the participation and social acceptance has a difference was statistically significant at the 0.05 level.

Keywords: quality of working life, organizational commitment, municipal employee, Samut Sakhon province

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558 Management of Municipal Solid Waste in Baghdad, Iraq

Authors: Ayad Sleibi Mustafa, Ahmed Abdulkadhim Mohsin, Layth Noori Ali

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The deterioration of solid waste management in Baghdad city is considered as a great challenge in terms of human health and environment. Baghdad city is divided into thirteen districts which are distributed on both Tigris River banks. The west bank is Al-Karkh and the east bank is Al-Rusafa. Municipal Solid Waste Management is one of the most complicated problems facing the environment in Iraq. Population growth led to increase waste production and more load of the waste to the limited capacity infrastructure. The problems of municipal solid waste become more serious after the war in 2003. More waste is disposed in underground landfills in Baghdad with little or no concern for both human health and environment. The results showed that the total annually predicted solid waste is increasing for the period 2015-2030. Municipal solid waste in 2030 will be 6,427,773 tons in Baghdad city according to the population growth rate of 2.4%. This increase is estimated to be approximately 30%.

Keywords: municipal solid waste, solid waste composition and characteristics, Baghdad city, environment, human health

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557 Estimation and Utilization of Landfill Gas from Egyptian Municipal Waste: A Case Study

Authors: Ali A. Hashim Habib, Ahmed A. Abdel-Rehim

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Assuredly, massive amounts of wastes that are not utilized and dumped in uncontrolled dumpsites will be one of the major sources of diseases, fires, and emissions. With easy steps and minimum effort, energy can be produced from these gases. The present work introduces an experimental and theoretical analysis to estimate the amount of landfill gas and the corresponding energy which can be produced based on actual Egyptian municipal wastes composition. Two models were utilized and compared, EPA (Environmental Protection Agency) model and CDM (Clean Development Mechanisms) model to estimate methane generation rates and total CH4 emissions based on a particular landfill. The results showed that for every ton of municipal waste, 140 m3 of landfill gas can be produced. About 800 kW of electricity for a minimum of 24 years can be generated form one million ton of municipal waste. A total amount of 549,025 ton of carbon emission can be avoided during these 24 years.

Keywords: energy from landfill gases, landfill biogas, methane emission, municipal solid waste, renewable energy sources

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556 Municipal Solid Waste Generation Trend in the Metropolitan Cities of the Muslim World

Authors: Farzaneh Fakheri Raof, Abdolkhalegh vadian

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One of the most important environmental issues in developing countries is municipal solid waste management. In this context, knowledge of the quantity and composition of solid waste provides the basic information for the optimal management of solid waste. Many studies have been conducted to investigate the impact of economic, social and cultural factors on generation trend of solid waste, however, few of these have addressed the role of religion in the matter. The present study is a field investigation on generation trend of solid waste in Mashhad, a metropolitan city in northeastern Iran. Accordingly, the religious rituals, quantity and composition of municipal solid waste were considered as independent and dependent variables, respectively. For this purpose, the quantity of the solid waste was initially determined. Afterwards, they were classified into 12 groups using the relevant standard methods. The results showed that the production rate of the municipal solid waste was 1,507 tons per day. Composing 65.2% of the whole; the organic materials constitute the largest share of the total municipal solid waste in Mashhad. The obtained results also revealed that there is a positive relationship between waste generation and the months of religious ceremonies so that the greatest amount of waste generated in the city was reported from Ramadan (as a religious month) in a way that it was significantly different from other months.

Keywords: Mashhad, municipal solid waste, religious months, waste composition, organic waste

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555 Jurisdiction of Military Court for Military Members Who Committed General Crimes in Indonesia's Military Justice System and Comparison with Another Countries

Authors: Dini Dewi Heniarti

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Military Court which is a judicial institution within the military institution has a heavy duty. Military court has to ensuring a fair legal process for military personnel (due process of law) and enforces military discipline. Military justice must also ensure protects the rights of military personnel. In Indonesia tren of military court changes in vision. The debate is happened on the jurisdiction of military court that allegedly has the potential existence of impunity. The Decree of People’s Consultative Assembly Number VII/MPR/2000 which states that the army general who committed the crime should not be tried in military court is one that underlies the proposed amendment limits the jurisdiction of military court. For the identify of the background in a specific format that is limited to juridical review. The goals this research is to gain knowledge, deep understanding and the concept of jurisdiction of military courts for military members who committed general crimes in adjudication procedure from the perspective of legal reform as alternative to establish independency of military judiciary. This research using Rule of Law as Grand Theory, Development Legal Theory as a Middle Theory and Criminal Justice System and concept of jurisdiction as supporting as Applied Theory. This study using a normative juridical approach, and equipped by primary data juridical approach of historical and comparative approach. The author uses descriptive analytical specifications. The main data used in this research is secondary data, which includes primary legal materials, secondary legal material and legal materials tertiary. Analysis primary data and qualitative data is done legally. Technique checking the validity of the data in this study used multiple methods with the research triangulation. This paper will demonstrate the problems concerning the jurisdiction of military courts for military personnel who committed general crimes in perspective of military justice reform Indonesia and adjudication procedures for military member who committed general crimes in the military justice system in Indonesia, as alternative to establish independency of judiciary in military justice in Indonesia. Comparative approached the military justice system from another countries is aimed to development military justice in Indonesia.

Keywords: jurisdiction, military courts, military justice, independency of judiciary

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554 A Conceptual Framework for Managing Municipal Finances in South Africa

Authors: Abongile Zweni

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As a post-apartheid strategy to redress the social imbalances of the past, local governments are tasked with the role of delivering crucial services to their constituents. Apart from political instability, evidence shows that managers in South African municipalities lack effective financial management skills and competencies. This resulted in a failure to fulfill its administrative obligations, particularly municipal financial management. Most municipalities have, however, failed in this role, which has led them to be placed under administration by the provincial government in terms of Section 139 of the constitution of the Republic of South Africa. Thus, this study proposed a leadership conceptual framework for effectively managing ever-eroding municipal finances in South Africa. The study adopted a desktop research approach to explore the key components of leadership and municipal financial management toward the development of the conceptual framework. The study fostered a better understanding of the need for transformation in relation to the current financial management practices and sustainability of a municipality. Moreover, the conceptual framework applies not only to municipalities but also to other government departments and public authorities in the country for financial management.

Keywords: leadership, municipal finance, financial performance, management skills, municipality

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553 Intended and Unintended Outcomes of Partnerships at the Local Level in Slovakia

Authors: Daniel Klimovský

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Slovakia belongs to the most fragmented countries if one looks at its local government structure. The Slovak central governments implemented both broad devolution and fiscal decentralization some decades ago. However, neither territorial consolidation nor size categorization of local competences and powers has been implemented yet. Taking this fact into account, it is clear that the local governments are challenged not only by their citizens as customers but also by effectiveness as well as efficiency of delivered services. The paper is focused on behavior of the local governments in Slovakia and their approaches towards other local partners, including other local governments. Analysis of set of interviews shows that inter-municipal cooperation is the most common local partnership in Slovakia, but due to diversity of the local governments, this kind of cooperation leads to both intended and unintended outcomes. While in many cases the local governments are more efficient as well as effective in delivery of local services thanks to inter-municipal cooperation, there are many cases where inter-municipal cooperation fails, and it brings rather questionable or even negative outcomes.

Keywords: local governments, local partnerships, inter-municipal cooperation, delivery of local services

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552 Capital Punishment as a Contradiction to International Law and Indonesian Constitution

Authors: Akbar

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Pros and cons of the capital punishment in Indonesia have been out of the date. The discourse of capital punishment has no relevance to the theory of punishment and theories of cultural relativism. In fact, the provisions of exceptions to the right to life by administering the death penalty against the perpetrators of serious crimes in Indonesia is a narrow perspective that does not pay attention to the development of the punishment of the crime. This thing is aggravated by an error to understand the natural right and legal right where the prohibition of those rights is result from a failure to distinguish the characteristic of the rights and to remember the raison d’être of law. To parse the irrational above, this paper will try to analyze normatively the error referring to the complementary theory between the sources of international law and the sources of municipal law of Indonesia. Both sources of the law above should be understood in the mutually reinforcing relationship enforceability because of false perceptions against those will create the disintegration between international law and municipal law of Indonesia. This disintegration is explicit not only contrary to the integrative theory of international law but also integrative theory of municipal law of Indonesia.

Keywords: capital punishment, municipal law, right to life, international law, the raison d’être of law, complementary theory, integrative theory

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551 Challenges for Municipal Solid Waste Management in India: A Case Study of Eluru, Andhra Pradesh

Authors: V. V. Prasada Rao P., K. Venkata Subbaiah, J. Sudhir Kumar

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Most Indian cities or townships are facing greater challenges in proper disposal of their municipal solid wastes, which are growing exponentially with the rising urban population and improvement in the living standards. As per the provisional figures, 377 million people live in the urban areas accounting for 31.16 % of the Country’s total population, and expected to grow by 3.74% every year. In India, the municipal authority is liable for the safe management & disposal of Municipal Solid Wastes. However, even with the current levels of MSW generation, a majority of the local governments are unable to comply with their constitutional responsibility due to reasons ranging from cultural aspects to technological and financial constraints. In contrast, it is expected that the MSW generation in India is likely to increase from 68.8 MTD in 2011 to 160.5 MTD by 2041. Thus, the immediate challenge before the urban local bodies in India is to evolve suitable strategies not only to cope up with the current levels, but also to address the anticipated generation levels of MSW. This paper discusses the reasons for the low levels of enforcement of MSW Rules and suggests effective management strategies for the safe disposal of MSW.

Keywords: biodegradable waste, dumping sites, management strategy, municipal solid waste (MSW), MSW rules, vermicompost

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550 Use of Acid Mine Drainage as a Source of Iron to Initiate the Solar Photo-Fenton Treatment of Municipal Wastewater: Circular Economy Effect

Authors: Tooba Aslam, Efthalia Chatzisymeon

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Untreated Municipal Wastewater (MWW) is renowned as the utmost harmful pollution caused to environmental water due to the high presence of nutrients and organic contaminants. Removal of Chemical Oxygen Demand (COD) from synthetic as well as municipal wastewater is investigated by using acid mine drainage as a source of iron to initiate the solar photo-Fenton treatment of municipal wastewater. In this study, Acid Mine Drainage (AMD) and different minerals enriched in iron, such as goethite, hematite, magnetite, and magnesite, have been used as the source of iron to initiate the photo-Fenton process. Co-treatment of real municipal wastewater and acid mine drainage /minerals is widely examined. The effects of different parameters such as minerals recovery from AMD, AMD as a source of iron, H₂O₂ concentration, and COD concentrations on the COD percentage removal of the process are studied. The results show that, out of all the four minerals, only hematite (1g/L) could remove 30% of the pollutants at about 100 minutes and 1000 ppm of H₂O₂. The addition of AMD as a source of iron is performed and compared with both synthetic as well as real wastewater from South Africa under the same conditions, i.e., 1000 ppm of H₂O₂, ambient temperature, 2.8 pH, and solar simulator. In the case of synthetic wastewater, the maximum removal (56%) is achieved with 50 ppm of iron (AMD source) at 160 minutes. On the other hand, in real wastewater, the removal efficiency is 99% with 30 ppm of iron at 90 minutes and 96% with 50 ppm of iron at 120 minutes. In conclusion, overall, the co-treatment of AMD and MWW by solar photo-Fenton treatment appears to be an effective and promising method to remove organic materials from Municipal wastewater.

Keywords: municipal wastewater treatment, acid mine drainage, co-treatment, COD removal, solar photo-Fenton, circular economy

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549 Factors Affecting Cost Efficiency of Municipal Waste Services in Tuscan Municipalities: An Empirical Investigation by Accounting for Different Management

Authors: María Molinos-Senante, Giulia Romano

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This paper aims at investigating the effect of ownership in the efficiency assessment of municipal solid waste management. In doing so, the Data Envelopment Analysis meta-frontier approach integrating unsorted waste as undesirable output was applied. Three different clusters of municipalities have been created on the basis of the ownership type of municipal waste operators. In the second stage of analysis, the paper investigates factors affecting efficiency, in order to provide an outlook of levers to be used by policy and decision makers to improve efficiency, taking into account different management models in force. Results show that public waste management firms have better performance than mixed and private ones since their efficiency scores are significantly larger. Moreover, it has been demonstrated that the efficiency of waste management firms is statistically influenced by the age of population, population served, municipal size, population density and tourism rate. It evidences the importance of economies of scale on the cost efficiency of waste management. This issue is relevant for policymakers to define and implement policies aimed to improve the long-term sustainability of waste management in municipalities.

Keywords: data envelopment analysis, efficiency, municipal solid waste, ownership, undesirable output

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548 Impact on Vegetables Irrigated with Municipal and Industrial Wastewater from Korangi Drain near IoBM, Karachi

Authors: Nida Rabab

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The present study was conducted to assess the Impact on Vegetables Irrigated with Municipal and Industrial wastewater from Korangi Drain near IoBM, Karachi. Some vegetables are grown using sewage and industrial wastewater laden with alarmingly high levels of heavy metals and bacteriological contamination. Maximum concentration of lead was found in spinach 8.20 mg/l as against safe limits of 0.01 mg/l and maximum nickel concentration was found in banana 3.114 mg/l as against 0.02 mg/l, whereas all vegetables were invariably bacteriologically contaminated much beyond safe limits. Appropriate legislations in Sindh and competent manpower for rigorous monitoring to gage the harmful impact on vegetables grown with untreated municipal and industrial wastewater to effectively combat the problems of growing vegetables. The emptying of untreated municipal and industrial wastewater through Korangi Drain in fresh water bodies into Karachi cost should be banned to save the coast becoming hypoxic causing irreparable loss to marine life.

Keywords: laden, concentration, hypoxic, vegetables

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547 Experiences of Being a Manager in the Municipal Sector in Rural Northern Sweden

Authors: S. Asplund, J. Åhlin, S. Åström, B. M. Lindgren

Abstract:

The aim of this qualitative study was to describe experiences of work-related stress among highly stressed municipal employees in rural northern Sweden. We interviewed 15 employees in the municipal sector in rural northern Sweden using a semi-structured guide and subjected the interviews to qualitative content analysis. Under the main theme of Suffering Though Endless Chaos, we summarized four themes: facing incompatible interests and high demands due to lack of time and resources; feeling powerless, trapped, and ignored due to lack of control; feeling insufficient, insecure, and guilty due to challenging relations and high expectations; and struggling with consequences such as health problems, spillover effects on family life, and difficulty coping. Findings from this study suggest the importance of acknowledging suffering among municipal employees in a stressful work environment. An imbalance between job demands and resources is affecting both the health and family lives of employees and also their ability to work. It seems important to improve the work environment through supportive leadership, job control, and reasonable job demands to prevent stress, reduce suffering, and create a healthy organization.

Keywords: manager, municipal sector, occupational health, qualitative content analysis

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546 Solid Waste Management in the Town of Maradi in Niger Republic

Authors: Hassidou Saidou, Soulé Aminou

Abstract:

As in many towns of African countries, the waste management, in particularly solid constitutes a major problem for the municipal authorities of Maradi. The aim of this study is to make a diagnosis of the present system of waste management in the town of Maradi. The approach was consisted to some interviews with the municipal authorities, cleaning up and health technicians and some housewives investigations. According to the health technicians of the town, the causes due to the problem of waste management in Maradi town are: collecting capacity insufficient, lack of effective sensitization of people, undeveloped and uncontrolled rubbish dumps, lack of gutter and its maintenance, and insufficient and unqualified human resources. As to the authorities, they denounce always the attitude and the behavior of citizens on the waste issue. The waste evacuation is doing by municipal collecting or by depositing in wild rubbish dump. Some people eliminate their waste by burning or duping in the streets or in their houses. According to our investigations, 52% of population evacuates their waste daily. The satisfaction rate of municipal collecting is for 32%. The analysis showed that the present system of waste management in Maradi town is failing. As solutions, we proposed to equip the technical offices with appropriated material and financial means, reinforce the involved actor’s capacities and making in application the operatives regulations for the waste management.

Keywords: maradi, municipal authorities, Niger Republic, solid waste management

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545 An Examination of the Challenges of Domestication of International Laws and Human Rights Laws in Nigeria

Authors: Uche A. Nnawulezi

Abstract:

This study evolved from the need to look at and evaluate the difficulties in the domestication of International Laws and Human Rights Laws in Nigeria. Essentially, the paper-based its examination on documentary evidence and depended much on secondary sources, for example, textbooks, journals, articles, periodicals and research reports emanating from suggestions of international law experts, jurists and human rights lawyers on the development challenges in domesticating international laws and human rights laws in Nigeria. These data were analyzed by the application of content analysis and careful observation of the current municipal laws which has posed great challenges in the domestication of International laws. This paper might follow the historical backdrop of the practices in the use of International law in Nigeria and should likewise consider the challenges inherent in these practices. The paper suggests that a sustainable domestication of International Laws and its application in Nigerian courts will ensure a better enforcement of human rights within the domestic jurisdiction.

Keywords: international law, human rights, domestication, challenges

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544 Characterization and the Study of Energy Potential of Municipal Solid Waste Disposed in Bauchi Town and Environs

Authors: Aliyu Mohammed Lawal, Dahiru Yau Gital

Abstract:

The characterisation and the energy potential of the municipal solid wastes in Bauchi town and environs were studied. It was found that, 35,000 tonnes of waste was generated annually at 0.19 kg/capital/day of which, the combination of plastics, rubber, polyethene bags constituted about 33%, followed by textile materials, leathers, wood 26%, combination of papers, cartons 19%, crop stalks/grass 11% and the remaining incombustible materials 11%. The heating value or calorific value of the wastes was determined using a digital calorimeter to be 6.43 MJ/kg, almost one-third of the energy content of peat which has a value of 15.9 MJ/kg. The calorific value of the fuel was found to be significant; hence, the waste could be used for energy generation.

Keywords: calorific value, characterization, digital calorimeter, incombustible, municipal solid waste

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543 Design of Collection and Transportation System of Municipal Solid Waste in Meshkinshahr City

Authors: Ebrahim Fataei, Seyed Ali Hosseini, Zahra Arabi, Habib farhadi, Mehdi Aalipour Erdi, Seiied Taghi Seiied Safavian

Abstract:

Solid waste production is an integral part of human life and management of waste require full scientific approach and essential planning. The allocation of most management cost to collection and transportation and also the necessity of operational efficiency in this system, by limiting time consumption, and on the other hand optimum collection system and transportation is the base of waste design and management. This study was done to optimize the exits collection and transportation system of solid waste in Meshkinshahr city. So based on the analyzed data of municipal solid waste components in seven zones of Meshkinshahr city, and GIS software, applied to design storage place based on origin recycling and a route to collect and transport. It was attempted to represent an appropriate model to store, collect and transport municipal solid waste. The result shows that GIS can be applied to locate the waste container and determine a waste collection direction in an appropriate way.

Keywords: municipal solid waste management, transportation, optimizing, GIS, Iran

Procedia PDF Downloads 501
542 Financial Administration of Urban Local Governance: A Comparative Study of Ahmedabad Municipal Corporation (AMC) and Bhavnagar Municipal Corporation(BMC)

Authors: Aneri Mehta, Krunal Mehta

Abstract:

Financial administration is part of government which deals with collection, preservation and distribution of public funds, with the coordination of public revenue and expenditure, with the management of credit operation on behalf of the state and with the general control of the financial affairs of public households. The researcher has taken the prime body of the local self government viz. Municipal Corporation. However, the number of municipal corporations in India has rapidly increased in recent years. Countries 27% of the total population are living in urban area & in recent it increasing very fast. People are moving very fast from rural area to urban area. Their demand, awareness is increasing day by day. The Municipal Corporations render many services for the development of the urban area. Thus, researcher has taken a step to know the accounting practices of the municipal corporations of Gujarat state (AMC & BMC ). The research will try to show you the status of finance of municipal corporations. Article 243(w) of the constitution of India envisaged that the state government maybe, by law , endow the municipalities with such powers and authorities as may be necessary to enable them to function as institution of self government and such law may contain provision for devolution of powers and responsibilities upon municipalities subjects to such condition as may be specified there in with respect to (i) the peroration of plans for economic development and social justice and (ii) the performance of the function and the implementation of schemes as may be entrusted to them including those in relation to the matters listed in the twelfth schedule. The three tier structure of the Indian Government i.e. Union, State & Local Self Government is the scenario of the Indian constitution. Local Self Government performs or renders many services under the direct control of state government. They (local bodies) possess autonomy within its limited sphere, raise revenue through local taxation and spend its income on local services.

Keywords: financial administration, urban local bodies, local self government, constitution

Procedia PDF Downloads 441