Legal rights for the Turag: rivers as living entities in Bangladesh

2020 ◽  
Vol 23 (2) ◽  
pp. 160-177
Author(s):  
Mohammad Sohidul Islam ◽  
Erin O'Donnell
Keyword(s):  
Legal Status ◽  
Legal Rights ◽  
Human Right ◽  
The Public ◽  
Healthy Environment ◽  
Public Trust Doctrine ◽  
The People ◽  
The Supreme Court ◽  
Novel Reading ◽  
The Relationship

In 2019, Bangladesh joined the ever-growing list of countries to recognize rivers as living entities with legal rights. The Bangladesh Rivers case is another example of advocacy from the Supreme Court in Bangladesh, and the article explores the relationship between the executive and the judiciary, and the ongoing role the judiciary has played in water law reform. The Court based its decision on a novel reading of the Constitution, linking the legal rights of the rivers to the public trust doctrine and the human right to a healthy environment. This foundation is itself potentially controversial, and the new legal status of the rivers may set their interests against those of the people who live along and rely upon them. By making comparisons between this case and similar decisions in India and Colombia, the Bangladesh Rivers case can be seen as part of the transnational movement to grant legal rights to rivers.

scholarly journals The relationship between the principle of sustainable development and the human right to a clean and healthy environment in Kenya’s legal context: An appraisal

2020 ◽  
Vol 22 (3) ◽  
pp. 184-197
Author(s):  
Rosemary Mwanza
Keyword(s):  
Sustainable Development ◽  
Environmental Protection ◽  
Legal System ◽  
Human Right ◽  
Ecological Processes ◽  
Healthy Environment ◽  
The People ◽  
Legal Context ◽  
The Relationship

Kenya’s legal system is characterised by a plurality of constitutional norms that are relevant for governing the relationship between the environment and the people. Key among these are the principle of sustainable development (SD) and the human right to a clean and healthy environment (HRHE). Both norms were constitutionalised in 2010, a development that represents what scholars have termed environmental constitutionalism and sustainability constitutionalism, respectively. The constitutionalisation of the principle of SD and the HRHE is a welcome development which has the potential to fill some gaps that existed in the old constitutional arrangement. At the same time, this development is set against a backdrop of critical debates that question their effectiveness in regard to environmental protection. This article demonstrates that the two norms have developed in a manner that is responsive to the salient criticism raised against them. Moreover, courts in Kenya have construed them as complementary norms. Specifically, courts in Kenya have applied the HRHE to clarify the meaning and scope of the environmental prong of SD and construed the duty to pursue ecologically SD (a component of SD) as encompassing the obligation to protect ecological processes that support all life.

PERSOALAN KEHIDUPAN KONTEMPORER: MENGGAGAS KAJIAN SACHEDINA TENTANG THEOLOGI PLURALISME

EMPIRISMA ◽  
2017 ◽  
Vol 26 (1) ◽  
Author(s):  
Limas Dodi
Keyword(s):  
Religious Pluralism ◽  
Main Argument ◽  
Religious Groups ◽  
Common View ◽  
The Public ◽  
The People ◽  
Muslim Majority ◽  
The Common ◽  
The Relationship ◽  
Religious Differences

According to Abdulaziz Sachedina, the main argument of religious pluralism in the Qur’an based on the relationship between private belief (personal) and public projection of Islam in society. By regarding to private faith, the Qur’an being noninterventionist (for example, all forms of human authority should not be disturb the inner beliefs of individuals). While the public projection of faith, the Qur’an attitude based on the principle of coexistence. There is the willingness of the dominant race provide the freedom for people of other faiths with their own rules. Rules could shape how to run their affairs and to live side by side with the Muslims. Thus, based on the principle that the people of Indonesia are Muslim majority, it should be a mirror of a societie’s recognizion, respects and execution of religious pluralism. Abdul Aziz Sachedina called for Muslims to rediscover the moral concerns of public Islam in peace. The call for peace seemed to indicate that the existence of increasingly weakened in the religious sense of the Muslims and hence need to be reaffi rmed. Sachedina also like to emphasize that the position of peace in Islam is parallel with a variety of other doctrines, such as: prayer, fasting, pilgrimage and so on. Sachedina also tried to show the argument that the common view among religious groups is only one religion and traditions of other false and worthless. “Antipluralist” argument comes amid the reality of human religious differences. Keywords: Theology, Pluralism, Abdulaziz Sachedina

Updated "state-society contract" as a way to rationalization of national projects in Russia

2021 ◽  
pp. 7-14
Author(s):  
T.I. Grabelnykh ◽  
◽  
N.A. Sablina ◽  
A.N. Parkhomenko
Keyword(s):  
Public Administration ◽  
Legal Status ◽  
Russian Society ◽  
Administration System ◽  
Public Control ◽  
The Public ◽  
State And Society ◽  
Conceptual Foundations ◽  
The Relationship

Researched are systemic aspects of the process of implementing national projects in Russia. Attention is focused on effectiveness of solving key problems of development of the public administration system in the context of the relationship between the state and society under modern conditions. The institution of public control in Russia is characterized through prerequisites of formation, organizational and legal status and main functions. The work defines the place and role of the institution of public opinion in the system of public administration and public control, substantiates its regulatory mechanisms, factors and agents of influence. In the aspect of systemic relationship between public administration and public control, the specificity of implementation of national projects in the transforming Russian society is revealed. A sociological vision of the “reset” of conceptual foundations of interrelationships between the public administration system and the institution of public control both at the stage of “entering” the space of national projects and in the process of their implementation is presented. It has been proved, that at the present stage the main integrating factor is consolidation of society through an updated "state-society contract". The analysis of historical and modern practices of public participation made it possible to draw a conclusion about the increase in the function of “co-management” of public control bodies in the interaction of state and public structures.

scholarly journals STATUS HAK ATAS TANAH PASCA BENCANA LIKUIFAKSI DAN RENCANA TATA RUANG WILAYAH DI KOTA PALU

2021 ◽  
Vol 5 (1) ◽  
pp. 160
Author(s):  
Nurhilma Lestari
Keyword(s):  
Spatial Planning ◽  
Legal Status ◽  
Provincial Government ◽  
The Other ◽  
Legal Rights ◽  
Land Area ◽  
Affected Area ◽  
The People ◽  
Central Sulawesi ◽  
Post Disaster

Adapun hasil penelitian dan pembahasan sebagai berikut: 1). Masyarakat di kawasan yang terdampak likuifaksi (kelurahan petobo, kecamatan palu selatan, kota palu, provinsi sulawesi tengah) sesuai dengan pergub nomor 10 tahun 2019, bahwa masyarakat tidak dapat menuntut lagi tanahnya di kawasan terdampak likuifaksi. Sebab, sangat jelas dalam pergub nomor 10 tahun 2019 bahwa kawasan terdampak likuifaksi di kelurahan petobo termasuk dalam zona merah, yang dalam hal ini dengan dipindahkan masyarakat korban bencana likuifaksi ke lokasi lebih aman (relokasi). Maka dengan adanya relokasi tersebut, masyarakat tidak lagi dapat menuntut hak atas tanahnya di kawasan terdampak likuifaksi,2). Berdasarkan pergub nomor 10 tahun 2019,mengatur mengenai penataan ruang wilayah perlunya perubahan pemanfaatan ruang di beberapa lokasi terdampak bencana masif, maka menjadi penting penyusunan arahan pemanfaatan ruang baru yang dapat diterima oleh masyarakat. Disamping itu, di daerah-daerah yang tidak terdampak bencana, maka arahan pemanfaatan ruang lama akan mengalami perubahan minimal, atau bahkan tidak berubah sama sekali. Kesimpulan yang bisa diambil dari penelitian ini adalah Bahwa masyarakat di kawasan terdampak (Kelurahan Petobo, Kecamatan Palu Selatan, Kota Palu, Provinsi Sulawesi Tengah) sesuai dengan Pergub Nomor 10 Tahun 2019, bahwa masyarkat tidak dapat lagi menuntut tanahnya di kawasan terdampak. Sebab, sangat jelas didalam pergub Nomor 10 Tahun 2019  bahwa kawasan terdampak (Keluarahan Petobo) termasuk dalam Zona Merah, yang dalam hal ini dengan dipindahkannya masyarakat korban bencana dikawasan terdampak ke lokasi yang lebih aman (relokasi). Maka, dengan adanya relokasi tersebut, masyarakat tidak lagi dapat menuntut hak atas tanahnya dikawasan terdampak, dan Pemerintah Daerah Provinsi Sulawesi Tengah telah mengeluarkan Peraturan Gubernur Sulawesi Tengah No. 10 Tahun 2019 Tentang Rencana Rehabilitasi dan Relokasi Pascabencana, yang mengatur pelaksanaan pembangunan rumah untuk relokasi korban likuifaksi yang memiliki hak atas tanah dan bangunan secara sah menurut hukum. Pembangunan tempat tinggal untuk relokasi disini prinsipnya adalah pemerataan dan adil antara luas tanah dan fisik rumah adalah samaKata Kunci: Tanah, Status Hukum, Tata Ruang, dan Bencana Alam. The results suggest the following: 1) the community in the areas affected by liquefaction is according to the governor regulation number 10 of 2019 in which the community can no longer claim their land in areas affected. It is clearly stated within it that Petobo Sub-district belongs to the red zone which means that the people affected were relocated to a safer place and thus are not able to claim the land in the affected area; 2) the governor regulation number 10 of 2019 regulates the regional spatial planning which needs change in terms of utilizing spaces in several areas affected by massive disasters. That is why it is necessary to have arrangements for the utilization of new spaces that are acceptable to the community. On the other hand, the unaffected areas would undergo either minimal or absent change. In conclusion, the people in Petobo, Palu, Central Sulawesi, based on the governor regulation number 10 of 2019, are no longer able to claim their lands as it is considered a Red Zone which only for relocating the victims of a disaster. The provincial government of Central Sulawesi has issued the 2019 Regulation of the Governor of Central Sulawesi number 10 regarding the planning of the post-disaster rehabilitation and relocation that focus on the implementation of houses construction for the victims of liquefaction who have legal rights to lands and buildings according to the law. The principal of this construction is equal and fair between the land area and the physical house.Keywords: land, legal status, spatial planning, and natural disaster.

Basic Income as a Human Right?

2019 ◽  
pp. 541-552
Author(s):  
Daniel J. Hemel
Keyword(s):  
Human Rights ◽  
Public Goods ◽  
The State ◽  
Human Being ◽  
Basic Income ◽  
Human Right ◽  
Global Commons ◽  
The Public ◽  
The Individual ◽  
The Relationship

This chapter suggests a human rights–based justification for national basic income schemes, contrasting it with justifications based on welfarist principles or notions of entitlement to a share of the global commons. Starting from the premise that a state is a collective enterprise that generates a surplus, it contends that any human being who is an “obedient” member of that state has a right to some share of the surplus. That right—which arises from the relationship between the individual and the state, and is independent of need—could justify the entitlement to a basic income. Such income should be provided in cash, not in kind, because the latter risks depriving the individual of the enjoyment of his share of the surplus—in effect, forcing him to forfeit or transfer it to others if he does not use the public goods or services provided by the state.

scholarly journals What Do ‘We’ Know That ‘They’ Don’t? Sociologists’ versus Non-Sociologists’ Knowledge

2009 ◽  
Vol 34 (3) ◽  
pp. 671-696 ◽  
Author(s):  
Anne Mesny
Keyword(s):  
Social World ◽  
Public Sociology ◽  
Social Scientists ◽  
The Public ◽  
The People ◽  
Embedded Knowledge ◽  
The Social ◽  
The Status ◽  
Critical Policy ◽  
The Relationship

This paper attempts to clarify or to reposition some of the controversies generated by Burawoy’s defense of public sociology and by his vision of the mutually stimulating relationship between the different forms of sociology. Before arguing if, why, and how, sociology should or could be more ‘public’, it might be useful to reflect upon what it is we think we, as sociologists, know that ‘lay people’ do not. This paper thus explores the public sociology debate’s epistemological core, namely the issue of the relationship between sociologists’ and non-sociologists’ knowledge of the social world. Four positions regarding the status of sociologists’ knowledge versus lay people’s knowledge are explored: superiority (sociologists’ knowledge of the social world is more accurate, objective and reflexive than lay people’s knowledge, thanks to science’s methods and norms), homology (when they are made explicit, lay theories about the social world often parallel social scientists’ theories), complementarity (lay people’s and social scientists’ knowledge complement one another. The former’s local, embedded knowledge is essential to the latter’s general, disembedded knowledge), and circularity (sociologists’ knowledge continuously infuses commonsensical knowledge, and scientific knowledge about the social world is itself rooted in common sense knowledge. Each form of knowledge feeds the other). For each of these positions, implications are drawn regarding the terms, possibilities and conditions of a dialogue between sociologists and their publics, especially if we are to take the circularity thesis seriously. Conclusions point to the accountability we face towards the people we study, and to the idea that sociology is always performative, a point that has, to some extent, been obscured by Burawoy’s distinctions between professional, critical, policy and public sociologies.

scholarly journals Etnobotani Tanaman Kelor (Moringa oleifera Lam.) di Desa Kedungbulus Gembong Pati

2019 ◽  
Vol 2 (2) ◽  
pp. 44
Author(s):  
Brintan Yonaka Dhea Dani ◽  
Baiq Farhatul Wahidah ◽  
Andang Syaifudin
Keyword(s):  
Random Sampling ◽  
Public Perception ◽  
Survey Methods ◽  
Public Perceptions ◽  
Literature Study ◽  
Purposive Sampling ◽  
The Public ◽  
The People ◽  
The Village ◽  
The Relationship

<em>The potential of  Moringa tree related to health properties is still not fully utilized by the people in Pati. Mrs. Muryati, a resident of Kedungbulus Village, Gembong Subdistrict, Pati, was one of the residents who was moved to campaign for the use of Moringa leaves. The purpose of this study was to determine public perceptions about the potential of Moringa plants in the village of Kedungbulus Gembong Pati. This research uses survey methods which include: literature study, field observations, interviews using questionnaires, semistructure interview techniques and using random sampling techniques and purposive sampling. Random sampling sampling from the community taken randomly, while purposive sampling sampling from community leaders such as informants of production houses, village heads, shamans etc. The results obtained from the relationship between community and Moringa plants are explained from interviews with the public perception of  Moringa plants.</em>

scholarly journals MAQASID AL-SYARIAH & HUMAN WELL-BEING: A STUDY ON MELAKA’S PUBLIC HOUSING

2018 ◽  
Vol 16 ◽  
Author(s):  
Syafiee Shuid ◽  
Muhammad Faid Mohd Zamin
Keyword(s):  
Public Housing ◽  
Physical Environment ◽  
Social Group ◽  
Human Life ◽  
Well Being ◽  
Satisfaction Level ◽  
The Public ◽  
The People ◽  
Efficient Protection ◽  
The Relationship

The need for proper housing for the people is an undeniable necessity that should be constantly monitored and researched. Housing opportunities should be made available for every individual, regardless of their income as it can be considered as one of the basic necessities for human life. In Islam, it preaches on a just, ethical, non-discriminatory (Qayyim, 1347 C.E.) and efficient protection of its follower’s well-being, especially in providing social necessities such as housing. The relationship between the function of Maqasid al-Syariah and the public housing would be examined in this paper to determine the effectiveness of the Maqasid al-Syariah in the protection of human well-being. In order to analyze the relationship, a set of questionnaires pertaining on the satisfaction level of the society towards the housing market is distributed to 400 respondents equally divided among the three districts in Melaka. The study also concerns itself with the public housing community, as the focus of this research is aimed at the bottom 40% social group in Melaka. Under the Maqasid al-Syariah, the three domains which are the darurriyat (needs), hajiyyat (necessities), and tahsiniyyat (luxuries) are analysed based on the homeownership, housing condition, financial capacity and physical environment.

scholarly journals BENTUK DAN TANGGUNGJAWAB PIHAK BANK TERHADAP DANA SIMPANAN PARA NASABAH

Solusi ◽  
2018 ◽  
Vol 16 (3) ◽  
pp. 301-320
Author(s):  
Fitriah Fitriah
Keyword(s):  
Financial Institution ◽  
Civil Code ◽  
The State ◽  
The Public ◽  
Contractual Relationship ◽  
Savings Accounts ◽  
Legal Relationship ◽  
The People ◽  
Bank Secrecy ◽  
The Relationship

  A bank is a financial institution whose existence depends absolutely on the trust of its customers who entrust their savings funds. Banks are very concerned that the trust of the public, who have and who will save their funds, are well-maintained, considering that the bank is part of the financial system and payment system. Bank secrecy is very important because banks need the trust of the people who keep their money in the bank. The customer only entrusts his money to the bank or makes use of the bank's services if the bank provides a guarantee that the bank's knowledge of deposits and the state of their assets will not be misused. The legal relationship between the bank and the depository customer starts from the signing of a written agreement (contractual relationship) between the bank and the customer which contains the rights and obligations for each party. As for the form of agreement for depositing funds between the customer and the bank, it is called a deposit agreement (Article 1319 Civil Code). In a deposit agreement, the bank sets certain general requirements in a deposit account or savings account, among others, the recipient of the deposit (bank) can use the depositors' money and at a certain time the bank will provide interest. Other provisions that can be used as the basis of relations between banks and depositors are Proxy Giving. Depositors give their power to banks when signing deposit accounts or savings accounts or bank accounts. This agreement becomes a law or law for both parties (Article 1338 of the Civil Code). As a manifestation of the bank's responsibility for depositing customers, banks must pay attention to the 4 (four) pillars of the relationship between depositors and banks, namely: Prudence, Health, Bank Secrets and Trust

scholarly journals Organizational Behaviour and its Effect on Corporate Effectiveness

2020 ◽  
pp. 121-129
Author(s):  
John Nkeobuna Nnah Ugoani
Keyword(s):  
Organizational Performance ◽  
Performance Management ◽  
Relevant Literature ◽  
Exploratory Research ◽  
The Public ◽  
Organizational Behaviour ◽  
The People ◽  
Strong Positive Relationship ◽  
And Performance ◽  
The Relationship

Organizational behaviour involves the design of work as well as the psychological, emotional and interpersonal behavioural dynamics that influence organizational performance. Management as a discipline concerned with the study of overseeing activities and supervising people to perform specific tasks is crucial in organizational behaviour and corporate effectiveness. Management emphasizes the design, implementation and arrangement of various administrative and organizational systems for corporate effectiveness. While the individuals, and groups bring their skills, knowledge, values, motives, and attitudes into the organization, and thereby influencing it, the organization, on the other hand, modifies or restructures the individuals and groups through its structure, culture, policies, politics, power, and procedures, and the roles expected to be played by the people in the organization. This study conducted through the exploratory research design involved 125 participants, and result showed strong positive relationship between the variables of interest. The study was never exhaustive due to limitations in terms of time and current relevant literature, therefore, further study could examine the relationship between personality characteristics and performance in the public sector, where productivity is not outstanding, when compared with the private sector. Based on the result of this investigation it was recommended that organizations should provide emotional intelligence programmes for their membership as an important pattern of increasing co-operative behaviours and corporate effectiveness.

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