Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 1409

Search results for: environmental disputes

1409 Alternative Dispute Resolution in the Settlement of Environmental Disputes in South Africa

Authors: M. van der Bank, C. M. van der Bank

Abstract:

Alternative Dispute Resolution denotes all forms of dispute resolution other than litigation or adjudication through the courts. This definition of Alternative Dispute Resolution, however, makes no mention of a vital consideration. ADR is the generally accepted acronym for alternative dispute resolution. Despite the choice not to proceed before a court or statutory tribunal, ADR will still be regulated by law and by the Constitution. Fairness is one of the core values of the South African constitutional order. Environmental disputes occur frequently, but due to delays and costs, ADR is a mechanism to resolve this kind of disputes which is a resolution of non-judicial mechanism. ADR can be used as a mechanism in environmental disputes that are less expensive and also more expeditious than formal litigation. ADR covers a broad range of mechanisms and processes designed to assist parties in resolving disputes creatively and effectively. In so far as this may involve the selection or design of mechanisms and processes other than formal litigation, these mechanisms and processes are not intended to supplant court adjudication, but rather to supplement it. A variety of ADR methods have been developed to deal with numerous problems encountered during environmental disputes. The research questions are: How can ADR facilitate environmental disputes in South Africa? Are they appropriate? And what improvements should be made?

Keywords: Alternative dispute, environmental disputes, non-judicial, resolution and settlement.

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1408 Mediation in Turkish Health Law for Healthcare Disputes

Authors: V. Durmus, M. Uydaci

Abstract:

In order to prevent overburdened courts, rising costs of litigation, and lengthy trial resolutions, the Law on Mediation for Civil Disputes was enacted, which was aimed at defining the procedure and guiding principles for dispute resolutions under Civil Law, in 2012. This “Mediation Code” also applies for civil healthcare disputes in Turkey. Aside from mediation, reconciliation, governed by Articles 253-255 of Criminal Procedure Law, has emerged as an alternative way to resolve criminal medical disputes, but the difference between mediation and conciliation is mostly procedural. This article deals with mediation in Turkish health law and aspect of medical malpractice mediation in Turkey. In addition, this study examines the issue of mediation in health law from both a legal and normative point of view, including codes of mediation which regulate both the structural and professional practice of mediation providers. As a result, although there is not official record about success rate of medical malpractice litigations and malpractice mediation in Turkey, it is widely accepted that the success rate for medical malpractice cases is relatively low compared to other personal injury cases even if it is generally considered that medical malpractice case filings have gradually increased recently. According to the Justice Ministry’s Department of Mediation in Turkey, 719 civil disputes have referred to mediators since 2013 (when the first mediation law came into force) with a 98% success rate.

Keywords: Malpractice mediation, medical disputes, reconciliation, health litigation, Turkish Health Law.

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1407 Medical Negligence Disputes in Malaysia: Resolving through Hazards of Litigation or through Community Responsibilities?

Authors: Puteri Nemie Jahn Kassim, Khadijah Mohd Najid

Abstract:

Medical negligence disputes in Malaysia are mainly resolved through litigation by using the tort system. The tort system, being adversarial in nature has subjected parties to litigation hazards such as delay, excessive costs and uncertainty of outcome. The dissatisfaction of the tort system in compensating medically injured victims has created various alternatives to litigation. Amongst them is the implementation of a no-fault compensation system which would allow compensation to be given without the need of proving fault on the medical personnel. Instead, the community now bears the burden of compensating and at the end, promotes collective responsibility. For Malaysia, introducing a no-fault system would provide a tempting solution and may ultimately, achieve justice for the medical injured victims. Nevertheless, such drastic change requires a great deal of consideration to determine the suitability of the system and whether or not it will eventually cater for the needs of the Malaysian population

Keywords: Medical Disputes, Litigation, Malaysia, No-Fault Compensation.

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1406 The Growth of E-Commerce and Online Dispute Resolution in Developing Nations: An Analysis

Authors: Robin V. Cupido

Abstract:

Online dispute resolution has been identified in many countries as a viable alternative for resolving conflicts which have arisen in the so-called digital age. This system of dispute resolution is developing alongside the Internet, and as new types of transactions are made possible by our increased connectivity, new ways of resolving disputes must be explored. Developed nations, such as the United States of America and the European Union, have been involved in creating these online dispute resolution mechanisms from the outset, and currently have sophisticated systems in place to deal with conflicts arising in a number of different fields, such as e-commerce, domain name disputes, labour disputes and conflicts arising from family law. Specifically, in the field of e-commerce, the Internet’s borderless nature has served as a way to promote cross-border trade, and has created a global marketplace. Participation in this marketplace boosts a country’s economy, as new markets are now available, and consumers can transact from anywhere in the world. It would be especially advantageous for developing nations to be a part of this global marketplace, as it could stimulate much-needed investment in these nations, and encourage international co-operation and trade. However, for these types of transactions to proliferate, an effective system for resolving the inevitable disputes arising from such an increase in e-commerce is needed. Online dispute resolution scholarship and practice is flourishing in developed nations, and it is clear that the gap is widening between developed and developing nations in this regard. The potential for implementing online dispute resolution in developing countries has been discussed, but there are a number of obstacles that have thus far prevented its continued development. This paper aims to evaluate the various political, infrastructural and socio-economic challenges faced in developing nations, and to question how these have impacted the acceptance and development of online dispute resolution, scholarship and training of online dispute resolution practitioners and, ultimately, developing nations’ readiness to participate in cross-border e-commerce.

Keywords: Developing countries, feasibility, online dispute resolution, progress.

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1405 Electronic Transactions: Jurisdictional Issues in the European Union

Authors: Faeze Razmpa

Abstract:

One of the main consequences of the ubiquitous usage of Internet as a means to conduct business has been the progressive internationalization of contracts created to support such transactions. As electronic commerce becomes International commerce, the reality is that commercial disputes will occur creating such questions as: "In which country do I bring proceedings?" and "Which law is to be applied to solve disputes?" The decentralized and global structure of the Internet and its decentralized operation have given e-commerce a transnational element that affects two questions essential to any transaction: applicable law and jurisdiction in the event of dispute. The sharing of applicable law and jurisdiction among States in respect of international transactions traditionally has been based on the use of contact factors generally of a territorial nature (the place where real estate is located, customary residence, principal establishment, place of shipping goods). The characteristics of the Internet as a new space sometimes make it difficult to apply these rules, and may make them inoperative or lead to results that are surprising or totally foreign to the contracting parties and other elements and circumstances of the case.

Keywords: Electronic, European Union, Jurisdiction, Internet

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1404 The Problem of Reconciling the Principle of Confidentiality in Foreign Investment Arbitration with the Public Interest

Authors: Bárbara Magalhães Bravo, Cláudia Figueiras

Abstract:

The economical globalization through the liberalization of the markets and capitals boosted the economical development of the nations and the needs for sorting out the disputes arising from the foreign investment. The arbitration, for all the inherent advantages, such as swiftness, arbitrators’ specialise skills and impartiality sets a pacifier tool for the interest in account. Safeguarded the public interest, we face the problem of the confidentiality in the arbitration. The urgent development of impelling mechanisms concerning transparency, guaranty and protection of the interest in account, reveals itself urgent. Through a bibliography review, we will dense the state of art, by going through the several solutions concerning, and pointing out the most suitable. Through the jurisprudential analysis we will point out the solution for the conflict confidentiality/public interest. The transparency, inextricable from the public interest, imposes the arbitration process can be open to all citizens. Transparency rules have been considered at the UNCITRAL in attempting to conciliate the necessity of publicity and the public interest, however still insufficient. The arbitration of foreign investment carries consequences to the citizens of the State. Articulating mechanisms between the arbitral procedures secrecy and the public interest should be adopted. The arbitration of foreign investment, being a tertius genius between the international arbitration and the administrative arbitration would claim its own regulation in each and every States where the confidentiality rules and its exceptions could be identified. One should enquiry where the limit of the citizens’ individual rights protection and the public interest should give way to the principle of transparency

Keywords: Arbitration, foreign investment, transparency, confidentiality, international centre for settlement of investment disputes UNCITRAL.

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1403 The Ethio-Eritrea Claims Commission on Use of Force: Issue of Self-Defense or Violation of Sovereignty

Authors: Isaias Teklia Berhe

Abstract:

A decision that deals with international disputes, be it arbitral or judicial, has to properly reflect objectivity and coherence with existing rules of international law. This paper shows the decision of the Ethio-Eritrea Claims Commission on the jus ad bellum case is bereft of objectivity and coherence, which contributed a disservice to international law on many aspects. The Commission’s decision that holds Eritrea in contravention to Art 2(4) of the UN Charter based on Ethiopia’s contention is flawed. It fails to consider: the illegitimacy of an actual authority established over contested territory through hostile acts, the proper determination of effectivites under international law, the sanctity of colonially determined boundaries, Ethiopia’s prior firm political recognition and undergirds to respect colonial boundary, and Ethio-Eritrea Border Commission’s decision. The paper will also argue that the Commission confused Eritrea’s right of self-defense with the rule against the non-use of force to settle territorial disputes; wherefore its decision sanitizes or sterilizes unlawful change of territory resulted through unlawful use of force to the effect of advantaging aggressions. The paper likewise argues that the decision is so sacrilegious that it disregards the ossified legal finality of colonial boundaries. Moreover, its approach toward armed attack does not reflect the peculiarity of the jus ad bellum case rather it brings about definitional uncertainties and sustains the perception that the law on self-defense is unsettled.

Keywords: Armed attack, self-defense, territorial integrity, use of force.

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1402 Development of Blast Vibration Equation Considering the Polymorphic Characteristics of Basaltic Ground

Authors: Dong Wook Lee, Seung Hyun Kim

Abstract:

Geological structure formed by volcanic activities shows polymorphic characteristics due to repeated cooling and hardening of lava. The Jeju region is showing polymorphic characteristics in which clinker layers are irregularly distributed along with vesicular basalt due to volcanic activities. Accordingly, resident damages and environmental disputes occur frequently in the Jeju region due to blasting. The purpose of this study is to develop a blast vibration equation considering the polymorphic characteristics of basaltic ground in Jeju. The blast vibration equation consists of a functional formula of the blasting vibration constant K that changes according to ground characteristics, and attenuation index n. The case study results in Jeju showed that if there are clinker layers, attenuation index n showed a distribution of -1.32~-1.81, whereas if there are no clinker layers, n was -2.79. Moreover, if there are no clinker layers, the frequency of blast vibration showed a high frequency band from 30Hz to 100Hz, while in rocks with clinker layers it showed a low frequency band from 10Hz to 20Hz.

Keywords: Blast vibration equation, basaltic ground, clinker layer, blasting vibration constant, attenuation index.

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1401 Developing Islamic Tourism in Kazakhstan: A Result of a Religious Revival or a New Trend of Tourism

Authors: A. A. Mustafayeva, G. E. Nadirova, Sh. S. Kaliyeva, B. Zh. Aktaulova

Abstract:

all of religions free towards society in Kazakhstan. Considering that Islam is more widespread religion in the region, Islamic industry is developing sector of Economy. There are some new sectors of Halal (Islamic) industry, which have importance for state developing on the whole. One of the youngest sectors of Halal industry is Islamic tourism, which became an object of disputes and led to dilemma, such as Islamic tourism is a result of a Religious revival and Islamic tourism is a new trend of Tourism. The paper was written under the research project “Islam in modern Kazakhstan: the nature and outcome of the religious revival".

Keywords: Halal industry, Islamic tourism, pillars, pilgrims.

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1400 Oakes Test and Proportionality Test: Balance between the Practical Costs of Limiting Rights and the Benefits Arising from the Law

Authors: Rafael Tedrus Bento

Abstract:

The analysis of proportionality as a test is raised as a basic foundation for the achievement of Fundamental Rights. We used legal dogmatics and empirical analysis to seek the expected results, from the reading of the RV Oakes trial by the Supreme Court of Canada. In cases involving freedom of expression, two tests are used to resolve disputes. The first examines whether, in fact, the case can be characterized as a violation of freedom of expression; the second assesses whether this violation can be justified by the reasonable limit clause. This test was defined in the RV Oakes trial by the Supreme Court of Canada, concluding with the Oakes Test, used worldwide as a proportionality test. Resulting is a proportionality between the effects of the limiting measure and the objective - the more serious the harmful effects of a measure, the more important the objective must be.

Keywords: Oakes, proportionality. fundamental rights, Canadian Charter of Rights and Freedoms.

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1399 Horizontal Dimension of Constitutional Social Rights

Authors: Monika Florczak-Wątor

Abstract:

The main purpose of this paper is to determine the applicability of the constitutional social rights in the so-called horizontal relations, i.e. the relations between private entities. Nowadays the constitutional rights are more and more often violated by private entities and not only by the state. The private entities interfere with the privacy of individuals, limit their freedom of expression or disturb their peaceful gatherings. International corporations subordinate individuals in a way which may limit their constitutional rights. These new realities determine the new role of the constitution in protecting human rights. The paper will aim at answering two important questions. Firstly, are the private entities obliged to respect the constitutional social rights of other private entities and can they be liable for violation of these rights? Secondly, how the constitutional social rights can receive horizontal effect? Answers to these questions will have a significant meaning for the popularisation of the practice of applying the Constitution among the citizens as well as for the courts which settle disputes between them.

Keywords: Constitution, horizontal application, private relations, social rights.

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1398 Contractor Selection in Saudi Arabia

Authors: M. A. Bajaber, M. A. Taha

Abstract:

Contractor selection in Saudi Arabia is very important due to the large construction boom and the contractor role to get over construction risks. The need for investigating contractor selection is due to the following reasons; large number of defaulted or failed projects (18%), large number of disputes attributed to contractor during the project execution stage (almost twofold), the extension of the General Agreement on Tariffs and Trade (GATT) into construction industry, and finally the few number of researches. The selection strategy is not perfect and considered as the reason behind irresponsible contractors. As a response, this research was conducted to review the contractor selection strategies as an integral part of a long advanced research to develop a good selection model. Many techniques can be used to form a selection strategy; multi criteria for optimizing decision, prequalification to discover contractor-s responsibility, bidding process for competition, third party guarantee to enhance the selection, and fuzzy techniques for ambiguities and incomplete information.

Keywords: Bidding, Construction industry, Contractor selection, Saudi Arabia.

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1397 Preparation a Study on the Use of the Resident Registration Number and Alternatives for RRN

Authors: Hyejin Pak, Changsoo Kim, Healahng Choi

Abstract:

The resident registration number was adopted for the purposes of enhanced services for resident convenience and effective performance of governmental administrative affairs. However, it has been used for identification purposes customarily and irrationally in line with the development and spread of the Internet. In response to the growing concern about the leakage of collected RRNs and possible abuses of stolen RRNs, e.g. identity theft, for crimes, the Korean Communications Commission began to take legal/regulatory actions in 2011 to minimize the online collection and use of resident registration numbers. As the use of the RRN was limited after the revision of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., online business providers were required to have alternatives to the RRN for the purpose of identifying the user's identity and age, in compliance with the law, and settling disputes with customers. This paper presents means of verifying the personal identity by taking advantage of the commonly used infrastructure and simply replacing personal information entered and stored, without requiring users to enter their RRNs.

Keywords: Resident Registration Numbers(RRNs), Alternative identification for RRNs.

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1396 Knowledge Management Challenges within Traditional Procurement System

Authors: M. Takhtravanchi, C. Pathirage

Abstract:

In the construction industry, project members are conveyor of project knowledge which is, often, not managed properly to be used in future projects. As construction projects are temporary and unique, project members are willing to be recruited once a project is completed. Therefore, poor management of knowledge across construction projects will lead to a considerable amount of knowledge loss; the ignoring of which would be detrimental to project performance. This issue is more prominent in projects undertaken through the traditional procurement system, as this system does not incentives project members for integration. Thus, disputes exist between the design and construction phases based on the poor management of knowledge between those two phases. This paper aims to highlight the challenges of the knowledge management that exists within the traditional procurement system. Expert interviews were conducted and challenges were identified and analysed by the Interpretive Structural Modelling (ISM) approach in order to summarise the relationships among them. Two identified key challenges are the Culture of an Organisation and Knowledge Management Policies. A knowledge of the challenges and their relationships will help project manager and stakeholders to have a better understanding of the importance of knowledge management.

Keywords: Challenges, construction industry, knowledge management, traditional procurement system.

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1395 Challenges for Rural School Leaders in a Developing Context: The Case of Solomon Islands

Authors: G. Lingam, N. Lingam, K. Raghuwaiya

Abstract:

Thirty-eight rural school leaders in Solomon Islands responded to a questionnaire aimed at identifying their perceptions of work challenges. The data analysis points to an overwhelming percentage of school leaders feeling they face multifaceted problems in their work settings, including such challenges as untrained teachers, lack of funding, limited learning and teaching resources, and land disputes. The latter in particular is beyond the school leader’s jurisdiction; addressing it needs urgent attention from the principal stakeholder(s). Such challenges, seemingly tangential to the business of schooling, inadvertently affect the provision of good-quality education. The findings demonstrate that contextual challenges raise questions about what powers leadership at school level has to deal with some of them. The suggestion is advanced for the significant place-conscious leadership development to help address some community and cultural challenges. Implications of this paper are likely to be relevant to other similar contexts in the Pacific region and beyond.

Keywords: Rural school leaders, leadership, challenges, Solomon Islands, contextual factors.

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1394 Social Responsibility and Environmental Issues Addressed by Businesses in Romania

Authors: Daniela Grădinaru, Iuliana Georgescu, Loredana Huţanu (Toma), Mihai-Bogdan Afrăsinei

Abstract:

This article aims to analyze the situation of Romanian companies from an environmental point of view. Environmental issues are addressed very often nowadays, and they reach and affect every domain, including the economical one. Implementing an environmental management system will not only help the companies to comply with laws and regulations, but, above all, will offer them an important competitive advantage.

Keywords: Environmental management system, environmental reporting, environmental expenses, sustainable development.

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1393 Techno-Legal Interplay of Domain Names: A Study with Reference to India

Authors: M. Tariq Banday, Farooq A. Mir

Abstract:

Internet has unfolded its potential and its users are now quite convinced that it is a cost effective, flexible, efficient and viable option to carry out different business activities disregard of any physical or geographical boundaries. These intrinsic properties of Internet have raised innumerable legal issues that are difficult to resolve within the boundaries of existing legal régime which has a different scheme of things. Internet has impacted most of the branches of law more particularly Intellectual property jurisprudence which has engendered many IP issues including interplay of trademark and domain names. There is neither any separate legislation nor any express provision in the existing Trademark Act, 1999, which is relatively recent in origin and enacted at the time when theses issued had seized the attention of the courts in other jurisdictions. A host of legal issues cropped by the intersection of trademark and domain names which have been left for the courts to decide. The courts in India have seized this opportunity and have laid down a number of principles. This paper appraises approaches adopted by Indian courts in resolving domain name disputes and compares them with theories evolved and established in other jurisdictions.

Keywords: DNS, Domain Name, Trademarks, Passing off and Judicial Approach.

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1392 Corporate Cautionary Statement: A Genre of Professional Communication

Authors: Chie Urawa

Abstract:

Cautionary statements or disclaimers in corporate annual reports need to be carefully designed because clear cautionary statements may protect a company in the case of legal disputes and may undermine positive impressions. This study compares the language of cautionary statements using two corpora, Sony’s cautionary statement corpus (S-corpus) and Panasonic’s cautionary statement corpus (P-corpus), illustrating the differences and similarities in relation to the use of meaningful cautionary statements and critically analyzing why practitioners use the way. The findings describe the distinct differences between the two companies in the presentation of the risk factors and the way how they make the statements. The word ability is used more for legal protection in S-corpus whereas the word possibility is used more to convey a better impression in P-corpus. The main similarities are identified in the use of lexical words and pronouns, and almost the same wordings for eight years. The findings show how they make the statements unique to the company in the presentation of risk factors, and the characteristics of specific genre of professional communication. Important implications of this study are that more comprehensive approach can be applied in other contexts, and be used by companies to reflect upon their cautionary statements.

Keywords: Cautionary statements, corporate annual reports, corpus, risk factors.

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1391 Sustainable Ship Management

Authors: Gorana Jelic Mrcelic, Merica Sliskovic

Abstract:

Environmental responsibility includes improvement of environmental performance in order to reduce environmental impact. This paper gives a short review of some important environmental objectives, targets and actions that modern shipping company should follow.

Keywords: Environment, MARPOL, ships, pollutants.

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1390 Development of a Technology Assessment Model by Patents and Customers' Review Data

Authors: Kisik Song, Sungjoo Lee

Abstract:

Recent years have seen an increasing number of patent disputes due to excessive competition in the global market and a reduced technology life-cycle; this has increased the risk of investment in technology development. While many global companies have started developing a methodology to identify promising technologies and assess for decisions, the existing methodology still has some limitations. Post hoc assessments of the new technology are not being performed, especially to determine whether the suggested technologies turned out to be promising. For example, in existing quantitative patent analysis, a patent’s citation information has served as an important metric for quality assessment, but this analysis cannot be applied to recently registered patents because such information accumulates over time. Therefore, we propose a new technology assessment model that can replace citation information and positively affect technological development based on post hoc analysis of the patents for promising technologies. Additionally, we collect customer reviews on a target technology to extract keywords that show the customers’ needs, and we determine how many keywords are covered in the new technology. Finally, we construct a portfolio (based on a technology assessment from patent information) and a customer-based marketability assessment (based on review data), and we use them to visualize the characteristics of the new technologies.

Keywords: Technology assessment, patents, citation information, opinion mining.

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1389 Decision Making about the Environmental Management Implementation – Incentives and Expectations

Authors: Eva Štěpánková

Abstract:

Environmental management implementation is presently one of the ways of organization success and value improvement. Increasing an organization motivation to environmental measures introduction is caused primarily by the rising pressure of the society that generates various incentives to endeavor for the environmental performance improvement. The aim of the paper is to identify and characterize the key incentives and expectations leading organizations to the environmental management implementation. The author focuses on five businesses of different size and field, operating in the Czech Republic. The qualitative approach and grounded theory procedure are used in research. The results point out that the significant incentives for environmental management implementation represent primarily demands of customers, the opportunity to declare the environmental commitment and image improvement. The researched enterprises less commonly expect the economical contribution, competitive advantage increase or export rate improvement. The results show that marketing contributions are primarily expected from the environmental management implementation.

Keywords: Environmental management, environmental management systems, ISO 14001.

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1388 A Critical Review on the Development of a Theoretical Framework for Managing Environmental Impacts of Construction Project

Authors: Sami Mustafa M. E. Ahmed, Noor Amila Wan Abdullah Zawawi, Zulkipli B. Ghazali

Abstract:

Construction industry is considered as one of the main contributor of natural resources depletion, responsible for high level pollution and it is one of the attributes that pose climate changes and other environmental threats. A lot of efforts had and have been done to reduce and control these impacts. Project Environmental Management (PEM) includes the processes required to ensure that the impacts of the project execution to the surrounding environment will remain within the limits stated in legal permits. The main aim of most of researches conducted managing Environmental Impacts (EI) is to protect earth planet from pollution. Those researches are presenting four major environmental elements; Environmental Management Systems (EMS), Environmental Design (ED), Environmental Planning (EP) and Environmental Impacts Assessments (EIA). Although everything has been said about environmental management for construction projects, but almost everything remains to be said and therefore to be explored or rediscovered because incontestably, almost everything remains to be done. This paper aimed at reviewing some of what has been said about PEM. Also one of its objectives is to explore and rediscover the whole view of managing the EI problems by proposing a framework that based on the relation between these environmental researches.

Keywords: Environmental planning, sustainable design, EIA and EMS.

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1387 GRI – Reporting Chemical Sector's Environmental Item Disclosures

Authors: M. Suutari

Abstract:

In this content analysis research note the aim was to explore to how sustainability and especially environmental issues are conveyed into environmental items in annual reports and disclosures. As The Global Reporting Initiative (GRI) is a globally wide multistakeholder process, the enterprises using voluntarily GRI framework are considered to be aware of sustainability and environmental concerns. The findings were that although these enterprises included in an environmentally sensitive industry sector and had special capabilities to consider environmental issues there were few GRIreporting enterprises presented substantially detailed environmental items in audited financial statements. There were only slight differences between publishing years 2008 and 2009 - the beginning years of economic turmoil. The environmental issues seemed not to be considered substantial enough for financial reporting as a basis for concerning investment or voting decisions.

Keywords: Environmental, reporting, financial, GRI.

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1386 Virtual Conciliation in Colombia: Evaluation of Maturity Level within the Framework of E-Government

Authors: Jenny Paola Forero Pachón, Sonia Cristina Gamboa Sarmiento, Luis Carlos Gómez Flórez

Abstract:

The Colombian government has defined an e-government strategy to take advantage of Information Technologies (IT) in order to contribute to the building of a more efficient, transparent and participative State that provides better services to citizens and businesses. In this regard, the Justice sector is one of the government sectors where IT has generated more expectation considering that the country has a judicial processes backlog. This situation has led to the search for alternative forms of access to justice that speed up the process while providing a low cost for citizens. To this end, the Colombian government has authorized the use of Alternative Dispute Resolution methods (ADR), a remedy where disputes can be resolved more quickly compared to judicial processes while facilitating greater communication between the parties, without recourse to judicial authority. One of these methods is conciliation, which includes a special modality that takes advantage of IT for the development of itself known as virtual conciliation. With this option the conciliation is supported by information systems, applications or platforms and communications are provided through it. This paper evaluates the level of maturity in how the service of virtual conciliation is under the framework of this strategy. This evaluation is carried out considering Shahkooh's 5-phase model for e-government. As a result, it is evident that in the context of conciliation, maturity does not reach the necessary level in the model so that it can be considered as virtual conciliation; therefore, it is necessary to define strategies to maximize the potential of IT in this context.

Keywords: Alternative dispute resolution, e-government, evaluation of maturity, Shahkooh model, virtual conciliation.

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1385 Environmental Performance Assessment Model as a Sustainability Decision Tool for Small and Middle Sized Enterprises

Authors: Pavol Molnar, Martin Dolinsky

Abstract:

Paper deals with environmental metrics and assessment systems devoted to Small and Medium Sized Enterprises. Authors are presenting proposed assessment model which has an ability to discover current environmental strengths and weaknesses of Small and Middle Sized Enterprise. Suggested model has also an ambition to become a Sustainability Decision Tool. Model is able to identify "best environmental devision" in the company, and to quantify how this decision contributed into overall environmental improvement. Authors understand environmental improvements as environmental innovations (product, process and organizational). Suggested model is based on its own concept; however, authors are also utilizing already existing environmental assessment tools.

Keywords: Corporate Social Responsibility, (e)IMPACT model, Environmental metrics, , Small and Middle Sized Enterprises

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1384 The Used of Environmental Ethics in Methods and Techniques of Environmental Management

Authors: Amir Hossein Davami, Ali Gholami, Ebrahim Panahpour

Abstract:

Although, it is a long time that human know about the importance of environment in life, but at the last decade of 20 century, the space that was full of hot scientific, collegial and political were made in environmental challenge, So much that, this problem not only disarrange the peace and security of life, but also it has threatened human existence. One of the problems in last years that are significant for authorities is unsatisfactory achieved results against of using huge cost for magnificent environmental projects. This subject leads thinker to this thought that for solving the environmental problems it is needed new methods include of sociology, ethics and philosophic, etc. methods apart of technical affairs. Environment ethics is a new branch of philosophic ethics discussion that discusses about the ethics relationship between humans and universe that is around them. By notifying to the above considered affairs, in today world, necessity of environmental ethics for environment management is reduplicated. In the following the article has been focused on environmental ethics role and environmental management methods and techniques for developing it.

Keywords: Environmental ethics and philosophy, Environmental challenges, Management techniques, Ethical values.

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1383 Electoral Violence in Africa: Experience from Ethiopia

Authors: Wondwosen Teshome

Abstract:

It is impossible to think about democracy without elections. The litmus test of any electoral process in any country is the possibility of a one time minority to become a majority at another time and a peaceful transition of power. In many countries in Sub-Saharan Africa though the multi-party elections appeared to be competitive they failed the acid test of democracy: peaceful regime change in a free and fair election. Failure to solve electoral disputes might lead to bloody electoral conflicts as witnessed in many emerging democracies in Africa. The aim of this paper is to investigate electoral conflicts in Africa since the end of the Cold War by using the 2005 post-election violence in Ethiopia as a case study. In Ethiopia, the coming to power of the EPRDF in 1991 marked the fall of the Derg dictatorial military government and the beginning of a multi-party democracy. The country held multi-party parliamentary elections in 1995, 2000, and 2005 where the ruling EPRDF party “won" the elections through violence, involving intimidation, manipulation, detentions of political opponents, torture, and political assassinations. The 2005 electoral violence was the worst electoral violence in the country-s political history that led to the death of 193 protestors and the imprisonment of more than 40, 000 people. It is found out that the major causes of the 2005 Ethiopian election were the defeat of the ruling party in the election and its attempt to reverse the poll results by force; the Opposition-s lack of decisive leadership; the absence of independent courts and independent electoral management body; and the ruling party-s direct control over the army and police.

Keywords: Africa, Ethiopia, Election, Electoral violence, NEBE.

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1382 Role of Environmental Focus in Legal Protection and Efficient Management of Wetlands in the Republic of Kazakhstan

Authors: K. R. Balabiyev, A. O. Kaipbayeva

Abstract:

The article discusses the legal framework of the government’s environmental function and analyzes the role of the national policy in protection of wetlands. The problem is of interest for it deals with the most important branch of economy – utilization of Kazakhstan’s natural resources, protection of health and environmental wellbeing of the population. Development of a longterm environmental program addressing the protection of wetlands represents the final stage of the government’s environmental policy, and is a relatively new function for the public administration system. It appeared due to the environmental measures that require immediate decisions to be taken. It is an integral part of the effort in the field of management of state-owned natural resource, as well as of the measures aimed at efficient management of natural resources to avoid their early depletion or contamination.

Keywords: Environmental focus, government’s environmental function, protection of wetlands.

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1381 Education Function of Botanical Gardens

Authors: Ruhugül Özge Ocak, Banu Öztürk Kurtaslan

Abstract:

Botanical gardens are very significant organizations which protect the environment against the increasing environmental problems, provide environmental education for people, offer recreation possibilities, etc. This article describes botanical gardens and their functions. The most important function of botanical garden is to provide environmental education for people and improve environmental awareness. Considering this function, some botanical gardens were examined and opinions were suggested about the subject.

Keywords: Botanical garden, environment, environmental education, recreation.

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1380 Peace through Environmental Stewardship

Authors: Elizabeth D. Ramos

Abstract:

Peace education supports a holistic appreciation for the value of life and the interdependence of all living systems. Peace education aims to build a culture of peace. One way of building a culture of peace is through environmental stewardship. This study sought to find out the environmental stewardship practices in selected Higher Education Institutions (HEIs) in the Philippines and how these environmental stewardship practices lead to building a culture of peace. The findings revealed that there is still room for improvement in implementing environmental stewardship in schools through academic service learning. In addition, the following manifestations are implemented very satisfactorily in schools: 1) waste reduction, reuse, and recycling, 2) community service, and 3) clean and green surroundings. Administrators of schools in the study lead their staff and students in implementing environmental stewardship. It could be concluded that those involved in environmental stewardship display an acceptable culture of peace, particularly solidarity, respect for persons, and inner peace.

Keywords: Academic service learning, environmental stewardship, leadership support, peace, solidarity.

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