scholarly journals The Role of Informal Land Dispute Settlement Mechanisms on Family Land Ownership in Tanzania: A Case Study of Mbeya District, Mbeya Region

2021 ◽  
Vol 4 (2) ◽  
pp. 1-12
Author(s):  
Edward Karumiana Mwaigombe ◽  
Frataline Kashaga
Keyword(s):  
Dispute Settlement ◽  
Land Ownership ◽  
Research Approach ◽  
Dispute Settlement Mechanism ◽  
Land Dispute ◽  
Family Land ◽  
The Government ◽  
Dispute Settlement Mechanisms

Informal land disputes settlement mechanisms epitomize a classic example of valuable and useful indigenous knowledge, which Africans have acquired for ages but is not being recognized and sometimes not fully utilized in contemporary African societies. The study aimed to assess the role of informal land dispute settlement mechanisms on family land ownership in Tanzania: A case of Mbeya district. The specific objectives of the study were to identify nature and causes of informal land dispute settlement mechanisms on family land ownership in Mbeya district and to examine the effectiveness of informal land dispute settlement mechanisms on family land ownership in Mbeya district. The study adopted case study research design, target population of the study was 446 respondents, and sample size of the study was 128 respondents. This study employed both qualitative and quantitative research approach data collection tools used was questionnaires, interview and focus group discussion. The study findings indicated that causes of disputes on family land ownership and effectiveness of informal dispute settlement mechanism significantly lead to family land ownership conflicts in Mbeya district as well as in Tanzania. The study concluded that informal land dispute settlement mechanisms help people within the community to attain land ownership through chiefs and community elders  because this mechanism can strengthen  solidarity, ethnics discipline in the community and recommended that the government should formulate policy and law governing informal land dispute settlement mechanisms on family land ownership to be accommodated in the local system to facilitate quickly land matters rather than depending on western system.

Greening the city between public needs and private preferences in Carré de Soie, Lyon

2021 ◽  
Vol 92 (4) ◽  
pp. 461-477
Author(s):  
Lilian van Karnenbeek
Keyword(s):  
Land Ownership ◽  
Green Spaces ◽  
The Public ◽  
The Government ◽  
Private Actors ◽  
Role Of The Government ◽  
And Control ◽  
The City

Governments are increasingly facing conflicting land uses in cities. Many governments strongly aspire to provide green spaces for the public, yet simultaneously stimulate private preferences for real-estate development. This paper argues that examining the interrelationship between land ownership and control over land clarifies the provision of green spaces in the context of private preferences for development. It presents a case study of the Carré de Soie urban development in which the government aspires to an abundance of green but concurrently encourages the market to take the initiative. The findings show that the lack of public land ownership combined with private actors having a say in control over land fell short in satisfying public aspirations for green spaces. This paper concludes that if cities need to become greener, recognising the role of the government to act in the public interest is of utmost importance.

scholarly journals The unsustainable political economy of investor–state dispute settlement mechanisms1

2021 ◽  
pp. 002085232110078
Author(s):  
Vera Weghmann ◽  
David Hall
Keyword(s):  
Political Economy ◽  
Dispute Settlement ◽  
Social Regulation ◽  
International Treaties ◽  
Dispute Settlement Mechanism ◽  
Global Trends ◽  
Post Colonial ◽  
Investment Treaties ◽  
Dispute Settlement Mechanisms

Investor–state dispute settlement mechanisms were intended to protect companies from the Global North against expropriation by Global South countries. Since 2000, investor–state dispute settlement mechanisms have increasingly been used against Northern countries to obtain compensation for and constrain policy decisions around nationalisation and remunicipalisation, as well as around the environmental or social regulation of service provision that threatens commercial interests. Social movements and governments alike resisted investor–state dispute settlement mechanisms, and despite the power wielded by multinational companies, the global trend is now to exclude investor–state dispute settlement mechanisms from new investment treaties. The purpose of this article is to provide a political-economy analysis of the processes of supporting and contesting the role of investor–state dispute settlement mechanisms in international treaties, processes that include activity at national, sub-national and international levels. The ensuing conflicts are analysed in terms of post-colonial contradictions over sovereignty under globalisation, continued contestation over the role of the public sector and climate change policies. Points for practitioners The probability of investor success with investor–state dispute settlement mechanism claims should not be overestimated, and investor assessments of the basis and prospects for such cases should be subject to critical scrutiny. Governments should be aware of widespread popular antagonism towards investor–state dispute settlement mechanisms and global trends to remove such clauses from agreements. They should also review all bilateral investment treaties, free trade agreements and the Energy Charter Treaty that the country has ratified to assess the potential relative advantages of retention or leaving.

scholarly journals Traditional Conflict Resolution Mechanism in Ethiopia

2021 ◽  
Vol 2 (1) ◽  
pp. 35-45
Author(s):  
Million Esho Dezo
Keyword(s):  
Qualitative Research ◽  
Conflict Resolution ◽  
Research Method ◽  
Group Discussion ◽  
Case Study Research ◽  
Document Analysis ◽  
Research Approach ◽  
The Government

The study examines the role of Enashma traditional conflict resolution mechanism in handling conflict to maintain peace and stability. To realize the intended objectives, the study utilized case-study research approach with qualitative research method and the data were collected using observation, interview, focused-group discussion and document analysis. The data collected were analyzed and interpreted through word description and narration. According to the data obtained from the interview and focus group discussion, Enashma traditional conflict resolution mechanism has several advantages over the state law. Some of the advantages are restorative capacity, accessibility, revealing crime committed without witness and its acceptability. Paradoxically, the exclusion of women in the system, no standardized mechanism to fix payment of compensation for different conflicts, lack of supportive and strengthening measures from the government and lack of office for local elders are the major weakness of the institution as the information obtained from key informants. Therefore, the study recommended that all the stakeholders should be responsible tosolve the weakness of Enashma traditional conflict resolution mechanism in the study area.

Management of Records in Adapted Buildings as Records Centres in Zimbabwe

Mousaion ◽  
2018 ◽  
Vol 35 (3) ◽  
Author(s):  
Samson Mutsagondo ◽  
Getrude Maduyu ◽  
Godfrey Tsvuura
Keyword(s):  
Qualitative Research ◽  
Case Study Research ◽  
Research Approach ◽  
Records Management ◽  
Personal Observation ◽  
Structured Interviews ◽  
Design Data ◽  
Professional Management ◽  
The Government

This paper discusses the challenges of records management that arise from the use of adapted buildings as records centres in Zimbabwe, despite the advantages of using such buildings. A qualitative research approach was used as well as a case study research design. Data were collected from seven officers of the Gweru Records Centre through semi-structured interviews. Personal observation was used to triangulate findings from interviews. It was found that the use of adapted buildings as records centres was a cheaper and quicker way of establishing records centres throughout the country. However, a number of preservation, security and management challenges cropped up as the conditions of the buildings and the environment of the adapted buildings were not conducive to the proper and professional management of records. This study is important in that it explores the prospects and challenges of using adapted buildings as records centres in Zimbabwe, an area that has not been researched by many authors. This provokes archival authorities and the government to seriously consider establishing purpose-built records and archival centres.

scholarly journals The Influence of Family Leadership on Girl- Child School Dropout

2021 ◽  
Vol 4 (1) ◽  
pp. 15-26
Author(s):  
Angelina Shoo ◽  
Chrispina Lekule
Keyword(s):  
Secondary Education ◽  
Formal Education ◽  
School Dropout ◽  
Research Approach ◽  
Successful Completion ◽  
School Dropouts ◽  
Girl Child ◽  
The Government ◽  
Family Leadership

Family leadership is one of the vital aspects that influences and determines both the wellbeing and successful education of a girl-child. Unfortunately, the role of family leadership in ensuring girls' education is oversimplified into getting girls enrolled in school rather than warranting their perseverance in learning and successful completion. As a result, many communities in Tanzania, especially those in rural and marginalized areas are experiencing persistent girl–child school dropouts. It is against this standpoint that we sought to find out how family leadership may influence secondary school girls’ dropouts. We also explored possible measures which should be employed to eliminate girl-child school dropouts. In conducting this study, we employed a mixed research approach and convergent parallel design. We collected data through interviews and questionnaires involving 143 respondents including girl students, teachers, heads of schools, and district educational officers. Our findings from this study indicate that while the government of Tanzania has made remarkable efforts to ensure girls’ continuity and successful completion of secondary education, there are a number of factors hindering girls’ continuity and completion of secondary education. Weak family leadership, the improper raising of the children, less emphasis and interest on the importance of girls’ education, limited cooperation between family leadership were among the reason for continuous girl-child school dropout. Hence, based on our findings and the significance of girl’s education as well as the role which parents should play in ensuring girls achievement of education, we appeal to various educational leaders, to make strategic efforts in raising more awareness among rural and marginalized communities about the importance of educating girls and the role of family leadership in bringing to an end the phenomena of girl-child school dropout which is catastrophic to the long-awaited sustainable development. Moreover, we call upon all parents, to make intentional efforts in mentoring and influencing girls to strive towards achieving formal education

scholarly journals Perlindungan Hukum terhadap Anak Diluar Perkawinan bagi Tenaga Kerja Wanita di Kabupaten Cianjur

2020 ◽  
Vol 4 (1) ◽  
pp. 39-54
Author(s):  
Hazar Kusmayanti ◽  
Agus Mulya Karsona
Keyword(s):  
Women Workers ◽  
Migrant Workers ◽  
Child Protection ◽  
Legal Protection ◽  
Research Approach ◽  
Female Workers ◽  
Illegitimate Child ◽  
The Government ◽  
Role Of The Government

Protection of female workers  in Cianjur District is indeed necessary, especially when working abroad. One of the problems is when there are many migrant workers who give birth to children out of wedlock and return to Indonesia without their husband. The purpose of this study was to determine the legal protection illegitimate child born by Women Workers in Cianjur Regency and to know the role of the government to cope with unmarried children born by Women Workers in Cianjur District. The study was analytical descriptive with the method of this research approach through normative juridical. The results of the study found that legal protection for illegitimate child  born by Indonesian Female Workers in Cianjur has a regulation protecting it, namely Article 28 of the 1945 Constitution, Law No. 35 of 2014 concerning Child Protection, Article 43 paragraph (1) of the Marriage Law and Constitutional Court Decision No. 46 / PUU-VIII / 2010. The role of the government in protecting extramarital children born by Indonesian Workers in Cianjur, West Java is not optimal. The role of the village government is very helpful for women migrant workers, namely finding companies that will send their citizens. Whereas illegitimate child born by migrant workers can be protected one of them by smoothing all administrative processes for these children such as issuing a free birth certificate.

scholarly journals Case Study on the Efficiency of Recycling Companies’ Waste Paper Collection Stations in Japan

2021 ◽  
Vol 13 (20) ◽  
pp. 11536
Author(s):  
Xiaoyue Liu ◽  
Jeongsoo Yu ◽  
Kazuaki Okubo ◽  
Masahiro Sato ◽  
Toshiaki Aoki
Keyword(s):  
Collection Efficiency ◽  
Waste Paper ◽  
Current Status ◽  
Collection System ◽  
Trade Area ◽  
Operational Characteristics ◽  
The Government ◽  
Families With Children

Each year, a large amount of waste paper (WP) is generated in Japan, and due to the change in lifestyle with the COVID-19 pandemic, the WP collection and recycling system in Japan faces new challenges. Although the government of Japan has installed WP collection systems, the efficiency of these traditional WP collection systems is too low, and this causes inconvenience to the governments, residents, and other stakeholders. On the other hand, some recycling companies in Japan are trying to establish a nontraditional WP collection system by setting their own WP collection stations in cooperative supermarkets. Yet, the efficiency of this new system has not been clarified. This research aims to investigate the current status, operational characteristics, and the role of recycling companies’ WP collection stations in the Japanese WP collection system. By performing trade area analysis and stepwise OLS regression, this research will evaluate WP collection stations’ efficiency. Moreover, this research will also discuss how the new WP collection system improves WP collection efficiency and residents’ convenience. The results show that WP collection stations efficiency is particularly high in large supermarkets with many parking spaces and long business hours, as well as in areas with many families with children. Recycling companies’ WP collection system could create a system, which can satisfy resident, government, and recycling company interests at the same time.

scholarly journals Citizen Participation in Responding to Natural Disasters Through Twitter Messages

2020 ◽  
Vol 5 (2) ◽  
pp. 123
Author(s):  
Rizky Pamuji ◽  
Ismiarta Aknuranda ◽  
Fatwa Ramdani
Keyword(s):  
Social Media ◽  
Natural Disasters ◽  
Citizen Science ◽  
Citizen Participation ◽  
Disaster Relief ◽  
Local Communities ◽  
Citizen Involvement ◽  
The Government

Citizen participation in collect and distribute information increase the role of the citizen involvement in local issues and increasing the benefits of society for the government and the environment. The contribution of citizens can be useful in helping to deal with environment problems and assist certain parties in meeting data needs, this is commonly referred to as citizen science. In its development, citizen science involvement in providing information began to involve social media as a platform for sharing information. In this study we try to explore citizen science of Indonesia, we conduct case study exploring how citizen in Indonesia used social media such as Twitter in response to one of the country’s worst disaster in 2018 namely Lombok Earthquake. By analyzing these user generate message we may know what the response of Indonesian citizen during event and understand more about citizen science in Indonesia through social media including its role and contribution. The information also may assist local communities in obtaining up-to-date information, providing assistance according to needs of the populace and use to manage and plan disaster relief both during and after the event.

scholarly journals Government Immunity and Liability in Tort: The Case of Covid-19 Pandemic’s Management in Indonesia

2021 ◽  
Vol 43 (2) ◽  
pp. 123
Author(s):  
Laras Susanti
Keyword(s):  
Public Health ◽  
Dispute Settlement ◽  
Health Management ◽  
The State ◽  
Dispute Settlement Mechanism ◽  
Concrete Action ◽  
The Government ◽  
Administrative Governance ◽  
Legal Frameworks ◽  
Laws And Regulations

The Covid-19 pandemic has cost human lives and threaten the world’s economy. Responding to this unprecedented history, governments are expected to take both public health and economic recovery actions. This article conveys analysis on how Indonesian courts might examine government tort cases on the government’s liability in handling the pandemic. A normative juridical method is used to analyze primary and secondary legal sources. The writer finds that with the enactment of Law Number 30 of 2014 on Government Administration, a government concrete action is also an object to suing government before the state administrative court. Furthermore, the recent Supreme Court Regulation Number 2 of 2019 on Guidance Dispute Settlement Mechanism of Government Action and Competence to Adjudicate Government Tort governs that the state administrative court is the only court that has competence over government tort. As a result, claims of government tort submitted to the general court must be dismissed. In fact, this recent development created confusion on the side of justice seekers and judges as well that might affect the outcome of Covid-19 government tort claims. Studying previous government tort cases and focusing its exploration on the development of government immunity and liability, this article finds that Indonesian courts use Article 1365 Civil Code equipped with laws and regulations in administrative governance and specific fields legal frameworks to examine government tort cases. Even though such laws may state that the government may not be sued, the courts may use the Constitution of 1945 to establish a right to sue. During the Covid-19 pandemic, laws and regulations related to disaster and public health management along with the public interest principle must be examined to determine government tort.

Diffusion and Decentralized Bargaining in International Organizations: Evidence from Mercosur's Dispute Settlement Mechanism

2021 ◽  
Author(s):  
Tobias Lenz
Keyword(s):  
International Organizations ◽  
Dispute Settlement ◽  
Diffusion Processes ◽  
Dispute Settlement Mechanism ◽  
Starting Point ◽  
Institutional Convergence ◽  
Dispute Settlement System ◽  
Decentralized Bargaining ◽  
Settlement Mechanism

Abstract How and with what effects do institutions diffuse between international organizations (IOs)? An emerging literature extends a key insight of the study of diffusion processes among states to the international level, establishing that the adoption of institutions in IOs is regularly conditioned by the choices of other IOs. Yet, this literature neglects a key contextual difference between the two settings: unlike in the hierarchically structured organizations that have dominated the literature on diffusion, institutional creation, and change in IOs are the result of decentralized bargaining among sovereign governments. This paper develops a heuristic model that shows how diffusion between IOs shapes decision-making within them through its impact on the institutional preferences of individual governments. The model establishes that, unlike in diffusion processes among states, convergence is an unlikely outcome of diffusion between IOs. By implication, studies that take institutional convergence as their starting point are likely to underestimate the pervasiveness of diffusion effects. I demonstrate these arguments with a case study of the establishment of a regional dispute settlement system in Mercosur, a regional organization in Latin America.

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