scholarly journals Contested law: Slow Response to Demands for Reformulating Protected Area Legal Framework in Nepal

2013 ◽  
Vol 10 (1) ◽  
pp. 88-100 ◽  
Author(s):  
Naya S Paudel ◽  
Sudeep Jana ◽  
Jailab K Rai
Keyword(s):  
Law Enforcement ◽  
Protected Area ◽  
Legal Framework ◽  
Management Plan ◽  
International Agreements ◽  
Power Sharing ◽  
Benefit Sharing ◽  
Post Conflict ◽  
Legal Provisions ◽  
Contextual Reality

The paper identifies and highlights gaps in protected area (PA) legal provisions in Nepal and makes a case for timely reformulation of legal framework to suit the new socioeconomic and political contexts. Laws concerning PAs are examined against the contexts of international agreements, conventions, and accepted standards as well as the local ground realities. The legal framework is critically analysed using seven analytical variables: the process of PA declaration, governance types, power sharing, management plan, tenure rights, benefit sharing, and compliance and law enforcement. Literature review, content analysis, interviews and participant observations were adopted in securing data. It is observed that the current legal framework either does not reflect the current contextual reality or stand only in paper or are not properly implemented as per the spirit of the law. It is argued that regulatory framework should reflect both the contemporary conservation discourses and should respond to the popular demands emerged in the post-conflict political context in Nepal. DOI: http://dx.doi.org/10.3126/jfl.v10i1.8603   Journal of Forestry and Livelihood Vol.10(1) 2012 88-100

scholarly journals Appraising Protected Area Management Planning in Nepal

1970 ◽  
Vol 4 ◽  
pp. 69-81 ◽  
Author(s):  
Buddi Sagar Poudel
Keyword(s):  
Protected Area ◽  
Planning Process ◽  
Management Plan ◽  
Protected Area Management ◽  
Management Planning ◽  
The Road ◽  
Road Map ◽  
Legal Provisions ◽  
The Status ◽  
Area Management

This paper distils Nepal's experience on protected area management planning, with particular reference to implementation of management plan. It also reviews the status of PA management plan and legal provisions related to management plan. Management plan is the road map to guide conservation efforts and sets out the desired future of protected area. Five-year management plan of protected areas have been prepared and implemented. Although park management plans were formulated for most of the parks and reserves, there remained wide gaps during its timely and effective implementation. The aim of this paper is to answer the question "what are the issues in management planning process and implementation". Building on the strength of the past and keeping the existing weaknesses in mind, the management effectiveness should be evaluated and improved.DOI: http://dx.doi.org/10.3126/init.v4i0.5538The Initiation Vol.4 2011 69-81

European Commitment to the Prevention of Marine Pollution from Shipwrecks

2014 ◽  
Vol 2014 (1) ◽  
pp. 300142
Author(s):  
Justina Southworth ◽  
Stuart Leather ◽  
Dafydd Lloyd Jones ◽  
John Gribble ◽  
Simon Bray
Keyword(s):  
Oil Pollution ◽  
Marine Pollution ◽  
Legal Framework ◽  
Management Plan ◽  
International Agreements ◽  
The European Union ◽  
National Interests ◽  
Multiple Resources ◽  
Proactive Management ◽  
Nation States

This poster sets out a proposal for the management of shipwrecks with the potential to cause oil pollution incidents. The poster will outline the legal framework of key European nation states and will look at international agreements relating to potentially polluting shipwrecks. It will propose a management plan that can be adopted by European countries in the form of either international agreements or through the European Union, which will include guidelines that should be adopted for the management of individual wreck sites. The classification of shipwrecks with the potential to release oil has been well documented through a number of papers, including the most recent study by NOAA in 2013. To supplement this process, subsurface oil spill modelling can be used to demonstrate the potential spatial footprint of the oil and indicate transboundary boundary maritime effects. These effects are a primary factor in the successful management of wrecks at risk in the European context. Building on the current European and International legislation, a suggested platform for proactive management will be proposed. The value of having a European body will enable a focused approach to deal with complex International and National relationships. In addition to a standard risk assessment for each wreck, its sovereignty, the territorial waters it is located in, and the territorial waters and coastline that may be effected in the event of a pollution incident, need to be considered, and included within the management plan. This gives rise to network of stakeholders whose inclusion into the process is imperative for successful outcomes. A European body responsible for the management of potentially polluting wrecks allows the issue to be removed from individual national interests. A dedicated pan-European body can focus on the wider issue of potential transboundary oil pollution and coordinate multiple resources to effectively address the issue.

SEARCH FOR AND SEIZURE OF EVIDENCE IN CYBER ENVIRONMENTS: A LAW-ENFORCEMENT DILEMMA IN SOUTH AFRICAN CRIMINAL PROCEDURE

2014 ◽  
Vol 1 (1) ◽  
pp. 48-67
Author(s):  
Vinesh M Basdeo ◽  
Moses Montesh ◽  
Bernard Khotso Lekubu
Keyword(s):  
Law Enforcement ◽  
South African ◽  
Legal System ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
Physical World ◽  
Legal Framework ◽  
Time Zone ◽  
Legal Sanctions ◽  
Domestic Affairs

Investigating, deterring and imposing legal sanctions on cyber-criminals warrants an international legal framework for the investigation and prosecution of cybercrime. The real-world limits of local, state and national sovereignty and jurisdiction cannot be ignored by law-enforcement officials. It can be a strenuous task to obtain information from foreign countries, especially on an expedited basis – more specifically when the other country is in a different time zone, has a different legal system, does not have trained experts and uses different languages. In South Africa existing laws appear to be inadequate for policing the cyber realm. The effects and impact of information technology on the legal system have not yet received the attention they warrant. The challenges presented by the electronic realm cannot be solved merely by imposing existing criminal and criminal procedural laws which govern the physical world on cyberspace. The electronic realm does not necessarily demand new laws, but it does require that criminal actions be conceptualised differently and not from a purely traditional perspective. Sovereignty and the principle of non-interference in the domestic affairs of another state are fundamental principles grounding the relations between states; they constitute an important mechanism in the armoury of criminals. The harmonisation and enactment of adequate and appropriate transborder coercive procedural measures consequently play a pivotal role in facilitating effective international cooperation. This article examines the efficacy of South African laws in dealing with the challenges presented by police powers to search for and seize evidence in cyber environments. It analyses the rudimentary powers that exist in South African criminal procedure regarding the search for and seizure of evidence in cyber environments, and compares them against the backdrop of the more systemic and integrated approach proposed by the Cybercrime Convention.

scholarly journals Sri Lanka: Physical Reconstruction and Economic Development as Conflict Prevention Factors

2013 ◽  
Vol 19 (69) ◽  
pp. 55-76
Author(s):  
Boženko Đevoić
Keyword(s):  
Economic Development ◽  
Sri Lanka ◽  
External Pressure ◽  
Power Sharing ◽  
Sri Lankan ◽  
Conflict Prevention ◽  
Prevention Measures ◽  
Postconflict Reconstruction ◽  
Post Conflict ◽  
The Government

ABSTRACT This article gives an overview of the 26 year long ethnic conflict in Sri Lanka and examines physical reconstruction and economic development as measures of conflict prevention and postconflict reconstruction. During the years of conflict, the Sri Lankan government performed some conflict prevention measures, but most of them caused counter effects, such as the attempt to provide “demilitarization”, which actually increased militarization on both sides, and “political power sharing” that was never honestly executed. Efforts in post-conflict physical reconstruction and economic development, especially after 2009, demonstrate their positive capacity as well as their conflict sensitivity. Although the Sri Lankan government initially had to be forced by international donors to include conflict sensitivity in its projects, more recently this has changed. The government now practices more conflict sensitivity in its planning and execution of physical reconstruction and economic development projects without external pressure.

scholarly journals Guidelines for Marine Protected Areas

2000 ◽  
Vol 6 (4) ◽  
pp. 352
Author(s):  
Mark Westera
Keyword(s):  
Protected Areas ◽  
Marine Protected Areas ◽  
Site Selection ◽  
Protected Area ◽  
Marine Protected Area ◽  
Legal Framework ◽  
Economic Aspect ◽  
Financial Sustainability ◽  
Broad Application

Guidelines to marine protected areas is a collation of efforts from the IUCN, NOAA and Cardiff University, among others. It is aimed at managers and would be managers of marine parks, but will also be of use to anyone involved in the Marine Protected Area (MPA) process from conceptual planning to establishment, monitoring and management. Its broad application takes into account the hurdles that a manager is likely to encounter. There are nine sections, an introduction, an evaluation of the legal framework required to successfully establish MPAs, a discussion on dealing with all the relevant parties, involving communities and other stakeholders, site selection, planning and managing MPAs, zoning, evaluating economic aspect and financial sustainability, and finally a section on research, monitoring and review. Boxes are used throughout the text within each chapter to summarize important points and make for quick reference to the topic of that chapter.

The grounds and conditions of securing a claim in administrative proceedings

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Yara Olena ◽  
◽  
Kravchuk O.V. ◽  
Keyword(s):  
Law Enforcement ◽  
Subject Matter ◽  
Direct Connection ◽  
Individual Rights ◽  
Administrative Procedure ◽  
Judicial Practice ◽  
Legal Provisions ◽  
Legal Science ◽  
The Subject ◽  
Administrative Proceedings

The article examines the grounds and conditions of securing a claim in administrative proceedings. By analyzing the legal provisions, law enforcement (judicial) practice in connection with the acquisitions of legal science, the grounds and conditions of securing a claim in administrative proceedings are highlighted. Attention is focused on problematic issues that arise when courts check the grounds for securing a claim and compliance with the terms of securing a claim. In particular, attention is drawn to the fact that securing an administrative claim on the grounds of obvious signs of illegality of the decision, action or inaction of the subject of power is virtually inapplicable due to reservations about the inadmissibility of resolving the dispute on the merits. It is concluded that an administrative lawsuit can be secured if there is at least one of the grounds specified in part one of Article 150 of the Code of Administrative Procedure of Ukraine and compliance with the conditions of proportionality, adequacy of measures to ensure administrative lawsuit, direct connection with the subject matter and legal the defendant's conduct in the dispute. Emphasis is placed on the fact that the freedom of discretion (discretion) of the court in the application of measures to ensure an administrative claim is unconditional, but not unlimited and controlled by the requirement to properly justify the relevant procedural action. Keywords: administrative court, administrative claim, administrative proceedings, securing the claim, principles of administrative proceedings, protection of individual rights and freedoms, grounds for securing the claim, conditions for securing the claim

REGULATORY AND LEGAL FUNCTIONING OF POWERS OF INTERNAL AFFAIRS ON THE EXAMPLE OF THE ACTIVITIES OF ROAD PATROL AND PATROL POST SERVICES OF POLICE

2021 ◽  
pp. 50-59
Author(s):  
Ф.Н. Зейналов
Keyword(s):  
Law Enforcement ◽  
Road Safety ◽  
Legal Framework ◽  
Educational Process ◽  
Federal Legislation ◽  
Educational Organizations ◽  
Law Enforcement Agencies ◽  
Judicial Practice ◽  
Internal Affairs ◽  
Legislative Activities

В статье автором рассматривается нормативное правовое закрепление порядка осуществления общеполицейских функций сотрудниками Госавтоинспекции, патрульно-постовой службы полиции в том числе и в сфере обеспечения безопасности дорожного движения. Приводятся статистические сведения, подчеркивающие актуальность имеющейся проблемы разграничения полномочий указанных служб федеральным законодательством, подзаконными актами и ведомственными приказами МВД. Авто- ром проведен анализ судебной практики по исследуемой проблеме, высказаны предложения по внесению изменений в федераль- ное законодательство. Положения работы могут быть использованы в законодательной деятельности государственных органов, правоприменительной деятельности правоохранительных органов, образовательном процессе образовательных организаций, на- учных исследованиях специалистов по проблемам обеспечения безопасности дорожного движения, совершенствования отраслей российской правовой системы. Новизна работы определяется практической и научной значимостью проблем правоприменительной деятельности правоохранительных органов в сфере обеспечения безопасности дорожного движения, а также необходимостью со- вершенствования правовых основ, регламентирующих полномочия подразделений и служб полиции России. In the article, the author considers the normative legal consolidation of the procedure for the implementation of general police functions by employees of the State Traffic Inspectorate, patrol and post service of the police, including in the field of road safety. The article provides statistical data that emphasize the relevance of the existing problem of delineating the powers of these services by federal legislation, by-laws and departmental orders of the Ministry of Internal Affairs. The author analyzes the judicial practice on the problem under study, and makes suggestions for amendments to the federal legislation. The provisions of the work can be used in the legislative activities of state bodies, law enforcement activities of law enforcement agencies, the educational process of educational organizations, scientific research of specialists on the problems of ensuring road safety, improving the branches of the Russian legal system. The novelty of the work is determined by the practical and scientific significance of the problems of law enforcement activities of law enforcement agencies in the field of road safety,as well as the need to improve the legal framework governing the powers of police units and services in Russia.

Environmental Protection in Pancasila Perspective

2020 ◽  
Vol 1 (1) ◽  
pp. 7-10
Author(s):  
Lusia Indrastuti ◽  
Budi Prasetyo
Keyword(s):  
Law Enforcement ◽  
Environmental Protection ◽  
Environmental Law ◽  
Spiritual Needs ◽  
Way Of Life ◽  
Environmental Aspects ◽  
Legal Provisions ◽  
Library Research ◽  
Ongoing Development

Utilization of natural resources through environmental empowerment is an intention to improve public welfare through the Pancasila philosophy. The occurrence of floods that have occurred at this time both the Jabodetabek area and other regions illustrate the preservation of the environment not running well. For this reason, efforts and strategies need to be made to anticipate disasters that will occur in the future. In accordance with the foundation of the Pancasila state that has been engraved in the life of the nation and state of Indonesia, the role of the Pancasila for environmental protection needs to be put forward. This article aims to prevent the dominance of law enforcement in the field of environment but the role of the Pancasila perspective as a way of life and state ideology must be put forward. Pancasila is a guideline for maintaining and developing community welfare through a harmonious, balanced environment in order to improve the ongoing development at this time. This research uses a normative approach to library research, by conducting a study of the nation's life view of Pancasila and analyzing the applicable legal provisions, specifically in the field of environmental law. The results of this study are to put forward the Pancasila perspective approach in managing the environment in order to develop patterns of harmony, harmony and balance both in meeting physical and spiritual needs. The conclusion of this article is that environmental management has not been carried out in the perspective of the Pancasila perspective, so that the practice of Pancasila values has not been carried out consistently in developing environmental aspects.

scholarly journals Preliminary assessment of surf-zone and estuarine line-fish species of the Dwesa-Cwebe Marine Protected Area, Eastern Cape, South Africa

Koedoe ◽  
2012 ◽  
Vol 54 (1) ◽  
Author(s):  
Jan A. Venter ◽  
Bruce Q. Mann
Keyword(s):  
South Africa ◽  
Law Enforcement ◽  
Fish Species ◽  
Protected Area ◽  
Surf Zone ◽  
Marine Protected Area ◽  
Fish Populations ◽  
Estuarine Fish ◽  
Catch Per Unit Effort ◽  
Preliminary Assessment

A preliminary assessment of surf-zone and estuarine line fish was carried out in the DwesaCwebe Marine Protected Area (MPA), on the Wild Coast, South Africa. The purpose was to provide baseline data on inshore line-fish stocks in the MPA. A total of 28 species was recorded, of which 53% have a conservation status reflecting some concern and 43% are endemic to southern Africa. This highlights the value of the MPA for protection of important line-fish species. Within the MPA, localised differences were detected in species diversity, size frequency and catch per unit effort between unexploited and illegally exploited areas. These differences were more prominent in slow growing, long-lived species. It thus appears that illegal exploitation is negatively affecting fish populations within the MPA, which counteract and potentially could eliminate the benefits of fish protection typically associated with no-take MPAs. These results highlight the need for improved law enforcement and better communication with neighbouring communities to increase awareness. It is further recommended that the current no-take status of the MPA should be maintained. In addition, baseline fisheries information was collected on certain fish species that could be used to inform future conservation management of the MPA.Conservation implications: The Dwesa-Cwebe Marine Protected Area is unique and important for the conservation of key surf zone and estuarine fish species. However there is a significant risk to the fish populations due to illegal exploitation. Key interventions should include enhanced law enforcement but, more important, the creation of alternative livelihoods and long term sustainable benefits to local communities.

scholarly journals MODERN TRANSFORMATION AND PROBLEMATIC ASPECTS OF TAXATION OF THE FINANCIAL RESULTS OF INSURERS IN UKRAINE

2017 ◽  
pp. 19-33 ◽  
Author(s):  
Oleksandr KVASOVSKYI ◽  
Mykola STETSKO
Keyword(s):  
Financial Performance ◽  
Income Tax ◽  
Legal Framework ◽  
Insurance Companies ◽  
Pension Insurance ◽  
Effective Tax Rate ◽  
Tax Rate ◽  
Direct Taxation ◽  
Legal Provisions ◽  
Before And After

Introduction. Today the problem of establishing an effective taxation technology of domestic insurers' financial results has not been finally solved. That technology would ensure achieving fiscal objectives of budget revenues improvement and the implementation of the regulatory capacity of the tax regime to enhance the development of the insurance market in Ukraine on the principles of transparency and legitimacy of the business. Purpose. The purpose of the article is critical analysis of recent transformations in the method of taxation of the financial performance of insurance companies in Ukraine, assessment of their impact on the dynamics of national insurance organizations budget revenues in recent years, a clear identification of legal conflicts and problematic aspects of the insurers' profit and income tax collecting procedures with a view to their elimination. Results. The article looks into the major differences in innovation and methodological approaches to taxation of the financial performance of domestic insurers before and after January 1, 2015. The work characterizes the dynamics of absolute and relative indicators of income tax on profits from insurance companies to the consolidated budget of Ukraine in 2012-2016 (compared to banks) from a position of impact of changes in tax regime for insurers. The research also revealed a number of legal contradictions and problematic issues in the current procedure for determining taxable profits of insurance organizations in the consideration of tax differences, calculating the income tax of taxable item in the neglecting of the revenues and transmission of insurance payments (contributions, premiums) for reinsurance operations and so on. Conclusion. A number of recommendations to improve the technology of direct taxation of insurance companies' corporate income tax and indirect taxes on insurance premiums, namely: clear distinction of mentioned fiscal duties; revision of the legal framework regarding the collection of insurers’ income tax (detailed definition of the list of costs for the calculation of financial results of the insurer before tax, establishing a list and approval of scientifically based methods of calculating insurance reserves for the calculation of taxable income, specification of legal provisions regarding taxation of insurance companies that specialize in life insurance, and longterm pension insurance); the introduction of preferential tax treatment of small profit insurance organizations through the establishment of progressive tax rates; gradual reduction of the effective tax rate for insurance companies.

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