The Immovable Object: Mitigation as Indigenous Conservation

2021 ◽  
Vol 13 (2) ◽  
pp. 1-28
Author(s):  
Caroline Butler ◽  
Bruce Watkinson ◽  
James Witzke
Keyword(s):  
Indigenous Conservation ◽  
Immovable Object

scholarly journals Aircraft Mortgage in Indonesia: Alternative Object of Material Guarantee as a Debt Settlement

2019 ◽  
Vol 8 (2S9) ◽  
pp. 601-607
Keyword(s):  
Civil Code ◽  
Law And Society ◽  
Legal Certainty ◽  
Normative Study ◽  
Immovable Object ◽  
Legal Uncertainty ◽  
The Law ◽  
Mortgage Law

In the development of material law in Indonesia, it is known both registered objects and unregistered objects that by analogy, registered objects are categorized as immovable objects. In Indonesia, aircraft are being classified as a registered object that can be guaranteed in the form of the mortgage as a debt settlement. Along with the development of law and society, the mortgage regulations are only mentioned briefly in the Indonesian Law of Fiduciary and the Law of Notary Position which state that an aircraft can be guaranteed in the form of a mortgage. However, until recently, any particular regulations regarding aircraft mortgage in Indonesia are not yet available. This research is a normative study that uses historical, statute, and comparison approaches. The problems examined in this study: firstly, how the mortgage as a material guarantee institution in Indonesia is being regulated. Secondly, does the mortgage institution have the potential as an alternative object of material guarantee for aircraft? The result of the study shows that the regulations on aircraft mortgage in Indonesia still refer to the ones in the Indonesian Civil Code. Meanwhile, the institution that has the potential as an alternative object of material guarantee for aircraft is in the form of mortgage because an airplane is a registered object which is analogous to an immovable object. It can be concluded, therefore, that there is a weakness in aircraft mortgage stipulation in Indonesia which may create legal uncertainty and weaken the position of the creditor. Therefore, along with the development of the community and the existence of legal certainty, it is necessary to make an aircraft mortgage law immediately.

Prestige, taboo, and sustainability: predicting wildlife population trajectories in indigenous commerce

2007 ◽  
Vol 13 (1) ◽  
pp. 4 ◽  
Author(s):  
Clark. S. Monson ◽  
Paul Alan Cox
Keyword(s):  
Foraging Strategy ◽  
Conservation Strategy ◽  
Flying Foxes ◽  
Wildlife Population ◽  
Indigenous Conservation ◽  
Optimal Foraging Strategy ◽  
Negative Impacts ◽  
Extinction Model ◽  
Over Exploitation

Commercial traffic in plants and animals has led to severe declines for some species, while others have experienced few if any negative impacts. Given the uncertainty regarding which species are likely to be adversely affected by monetized trade, it would be useful to have a model that could predict wildlife population trajectories of wild-gathered species subsequent to commercialization. We suggest that the indigenous conservation strategy of "taboo" offers important insights into identifying species that are susceptible to over-exploitation through commercial traffic. We describe an economic conservation/extinction model based on the dual concepts of taboo and optimal foraging strategy and examine the model through a detailed case study of vulnerability to perturbation in the case of commercial traffic in Pacific island flying foxes. We suggest that tile virtual eradication of flying foxes from the island of Guam during the Twentieth Century resulted from a cultural predilection among the indigenous Chamorro people for consuming flying foxes coupled with the cultural loss of the traditional taboo conservation system on the island.

scholarly journals A Critical Review of Environmental Conservation in Zimbabwe

2013 ◽  
Vol 48 (2) ◽  
pp. 85-97 ◽  
Author(s):  
Munyaradzi Mawere
Keyword(s):  
Environmental Conservation ◽  
Scientific Models ◽  
Environmental Anthropology ◽  
Stink Bugs ◽  
Indigenous Epistemologies ◽  
Considerable Success ◽  
Indigenous Conservation ◽  
Communal Area ◽  
Border Thinking

The discourse on “environmental conservation” is highly dynamic and has generated controversies of epic proportions in conservation sciences and environmental anthropology. Given the nebulous nature of conservation, coupled with the varying interpretations evoked by the deployment of the concept across different disciplines, a more robust understanding of the notion calls into question its practical manifestations and application in particular situated contexts – particularly within the conservation sciences and environmental anthropology. In Zimbabwe, conservation by the state has tended to favour and privilege Western scientific models at the expense of the “indigenous” conservation practices of local people, as informed by their indigenous epistemologies. This paper thus represents an attempt to rethink conservation in Zimbabwe, adopting the Norumedzo communal area in south-eastern Zimbabwe as its case study. The choice of Norumedzo is based on the fact that this is one area where the highly esteemed and delicious harurwa (edible stink bugs, Encosternum delegorguei) are found. As a result of these insects being valued as “actors” and the appreciation shown to both Western and indigenous epistemologies, conservation in the area has enjoyed considerable success. To this end, this paper lends support to the arguments of Walter Mignolo and Ramon Grosfoguel in their advocacy for critical border thinking in issues of knowledge regarding environmental conservation.

scholarly journals Assessing Damage to Archaeological Heritage in Criminal and Administrative Proceedings

Heritage ◽  
2019 ◽  
Vol 2 (1) ◽  
pp. 408-434
Author(s):  
Ignacio Rodríguez Temiño
Keyword(s):  
Market Price ◽  
Economic Assessment ◽  
Cultural Value ◽  
Archaeological Heritage ◽  
Immovable Object ◽  
Administrative Proceedings ◽  
Act Assessment ◽  
Archaeological Objects ◽  
Case Based ◽  
Broad Consensus

The economic assessment of damage to movable and immovable objects considered part of archaeological heritage is a matter of increasing interest, both at the legal level and in terms of government management. The primary reason for this interest is the urgent need to agree on a sound and reliable approach to economically quantifying not so much the cultural value of the damage caused as the civil liability for having caused it in those cases in which it was produced by a harmful human act. Assessment methods require a broad consensus to be considered reliable. The lack of consideration given to this matter has only made the absence of such a consensus more acute. This paper offers a mainly Spanish case-based analysis of the most common valuation methods for both movable and immovable archaeological objects. With regard to movable objects, it examines the problems involved in both the exclusive use of an object’s market price as its cultural value and the lack of justification for the chosen valuation system, concluding that current methods are insufficient. This insufficiency, also perceived by the authors of the expert reports used in the analyzed proceedings, has been dealt with arbitrarily. With regard to immovable object, it concludes that the systems currently used to assess the damage to sites are likewise insufficient, despite having been legally acknowledged in some cases. This paper will thus examine the methods used in environmental assessments—whose parallels with archaeological heritage are clear—and proposes that they be adapted for this purpose.

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