bluuebunny/crossref_metadata_2025 huggingface dataset:
Occurrence of a Likely Tuff Bed between the Middle and Upper Siwaliks, Taunsa area, Dera Ghazi Khan, Eastern Sulaiman Range, Pakistan
Authors: Ullah Rahman , Fengjuin Nie , Chengyong Zhang , Izhar Saqib , Safdar Idrees , Xin Zhang , Ali Asim
Published: August 2020

A likely tuff bed lies along the gradational contact of the Middle and Upper Siwaliks in eastern Sulaiman Range, Taunsa area of Dera Ghazi Khan district, Pakistan. This tuffaceous unit is 0.5–3 m thick and extends for 10 km along the north-south strike in the eastern limb of the Zindapir anticline. It is greyish white to white on fresh surface, fine-grained to silty at the bottom and clayey at the top and thus shows a fining upward grain-size grading. The lower part of the ash bed shows a prominent lamination defined by megascopically visible abundant biotite, while the central and upper parts are so fine-grained that the individual minerals cannot be seen in hand sample. Unlike the lower well-laminated part, the central and upper parts are crudely laminated to apparently massive. The bulk samples analysed with X-ray diffraction consist of quartz, feldspar (plagioclase), biotite, clays, calcite and some ore mineral likely spinel, while the clay-size fractions contain illite, chlorite, biotite and probably their mixed-layered varieties. The colour, texture, presence of abundant biotite and stratigraphic position of the Taunsa tuff correlate with those reported from Potwar plateau and from Kashmir basin. However, the apparent absence of smectite from the XRD pattern makes the Taunsa ash bed different from both Potwar and Kashmir tuffs. The present stratigraphic position of the tuff bed corresponds to shallow diagenetic zone, while the absence of smectite in the tuff and crystallinity of illite suggest that the tuff is probably derived upon reworking from a deeper diagenetic zone belonging to a lower stratigraphic level. The Eocene or other older pre-Siwalik units in Pakistan may have or had some primary ashfall deposits as reported in the northwestern Himalayas of India. This older volcanic ash may have been reworked to its present site of occurrence along the gradational contact of the Middle and the Upper Siwaliks in Taunsa area of Dera Ghazi Khan. However, the primary source of the Taunsa tuff may belong more likely to Chagai arc in Pakistan than to Dacht-e-Nawar volcanic complex in Afghanistan.
Neotectonics of Zindapir Anticline and Sulaiman Fold and Thrust Belt: Inferences from SRTM DEM
Authors: Qureshi Jahanzeb , Mahmood Syed Amer , Abuzar Muhammad Khubaib , Masood Amer , Shafiq Muhammad
Published: August 2020

The current study deals with the significance of surface dynamics (SDs) and its relationship to tectonics and active erosion in Zindapir Anticline (ZPA) and neighboring Sulaiman Fold and Thrust Belt (SFTB) which is a direct result of transform plate movement between Indo-Pak continent and Eurasia. The Shuttle Radar Topographic Mission Digital Elevation Model SRTM DEM with 30 m resolution was employed to compute SDs; Isobase (IBL), drainage density (DD), relative relief (RR) and vertical dissection (VD) thematic maps for the study area. The results obtained show that the DD, RR, VD and IBL have higher values in north west, central segments and south west of the SFTB, whereas the Zindapir anticline represents dextral movement on its east side while sinistral sense of movement is observed on its western edge. High values of RR and VD correspond to highly incised topography with great surface roughness. The enhanced values of IBL and DD in the northwest, south west and central SFTB correspond to uplifted active topography segments and can trigger medium level earthquakes in this region. The conjugate movement of ZPA is an indication of its neotectonic nature and recent uplift is causing surface deformation which needs to be understood in the context of SFTB development as a result of India-Eurasia transform movement
Using Remote Sensing for Identifying Suitable Areas for Flood Shelter: A Case Study of Thatta, Sindh Pakistan
Authors: Saleem Umer , Mizunoya Takeshi , Helmut Yabar , Ajmal Ammara
Published: August 2020

The most recurring type of disaster in the world these days is flood because of the spread and extent of its effect on people, among all-natural disasters of the world. Human activities have paved the way for many of these flood behavior to change as they used to be in the past. Pakistan experienced one of the most devastating natural disasters in its history all across the country in 2010, but Thatta district in southern part got severely affected during this flood. For the research, a simple yet efficient methodology Normalized Difference Vegetation Index (NDVI) by using remote sensing images for identifying flood hazard areas was utilized. Geographic Information Systems (GIS) helps in finding shelter areas with a minimum effect of floods. It is essential to realize the importance of mapped results in consideration of manual flood management in future. The method used in this study is robust enough to explain the flood hazard for suggesting suitable shelter sites in case of flooding events. This would help disaster management bodies and other related agencies to formulate the development plans while keeping the hazard areas, which are unsuitable for development due to flood risk in the future.
Mapping of Noise Propagation in Quarries for Environmental Perspective
Authors: Çınar Ibrahim , Şensöğüt Cem
Published: August 2020

In this study noise measurements were made in a quarry belonging to a private, company located in the boundaries of Karaomerler village, Konya (Turkey). Noise levels were measured at 42 points, in the operation field and equivalent noise levels were determined and the results were mapped using NetCad program. With the help of the obtained noise maps, it is recommended to take preventive measures, where necessary. Proper reading of maps is crucial for effective and sufficient measures in terms of occupational health and safety measures have to be taken.
Analyzing Geospatial Trends of Groundwater Quality in Sargodha City, Punjab, Pakistan
Authors: Moin Amatul , Mobeen Muhammad
Published: August 2020

Groundwater is a primary source for drinking and domestic use in urban centers of Pakistan. The continuingprocess of urbanization and the recent rising trend in urban population is leading to overexploitation of groundwater inthe study area. Present research explains the groundwater quality status in Sargodha city, Punjab. In this area, the urbanpopulation has almost doubled since 2000. Present study focuses on physicochemical parameters of groundwatersamples collected from pre-determined boreholes in Sargodha city. One hundred water samples were collected throughrandom proportionate sampling method from the city. The standard laboratory water sample analysis was performed todetermine water quality parameters like TDS, EC, PH, alkalinity, turbidity, taste, odor, drinkability, hardness, ironsulfate, nitrate, calcium, magnesium and chloride. The analysis results revealed that the values of turbidity, EC,chloride, sulfate alkalinity, hardness, TDS are higher than the permissible limits of WHO while the magnesium and pHconcentrations are below the permissible range for drinking water. The amount of nitrate and iron were found in traces.Geospatial maps for different elements were generated using GIS software in order to delineate zones of highconcentrations of these parameters in groundwater of the study area.
Determination of Underground Structure and Migration of Hot Plumes Contaminating Fresh Water Using Vertical Electrical Survey (VES) and Magnetic Survey, A Case Study of Tattapani Thermal Spring, Azad Kashmir
Authors: Rashid Mehboob Ur , Ahmad Waqas , Zeb Muhammad Jawad , Haider Naghmah , Khan Asad , Khan Sajjad
Published: August 2020

A geophysical survey was carried out at Tattapani thermal spring Azad Kashmir to delineate structure,thickness, depth, lithology and migration of hot plumes contaminating fresh water. The study area was investigated byVertical Electrical Sounding (VES) using schlumberger array at 21 locations arranged in ten profiles to a maximumdepth of 500 m and 200 magnetic observations. The extension and tectonic setup of thermal spring was mapped bygeoelectrical litho sections, subsurface geological sections (20m, 20-100m and 100-500m) pseudo section, apparentresistivity map, geoelectrical parameters, statistical distribution of apparent resistivity, total magnetic intensity andanomaly map. The data show that Tattapani hot spring is concentrated along the fault line delineated by geoelectricallitho sections and magnetic section with value of -120 nT to -300 nT, total field intensity of 50000-50450 nT andconfirm by macro anisotropy (1.0 to 2.7). The geoelectrical lithological section portrays that study area compriseslithological fabric of dolomite (≥400 ohm.m), sandstone (150-200 ohm.m), clay (80-150 ohm.m), Shaley clay (50-80)and shale (≤ 50). The Thermal Plumes (10-70 ohm.m) were pictured by resistivity section and pseudo section ataverage depth of 30-60 m and showing migration of hot plumes in the North-Eastern direction contaminating freshwater (100-200 ohm.m). The longitudinal conductance (0.95-15 mhos), transverse resistance (20-300 ohm.m2) are seenhaving maximum value in the North-Eastern and North-Western side of the study area. The study also shows that freshground water is mostly concentrated in sandstone (150-200 ohm.m), dolomite (≥400 ohm.m) and lies above the thermalplumes and thus highly prone to contamination due to upwelling of thermal water.
An Economic Value of Waste for Informal Garbage Collectors and Community’s Perception Regarding Environmental Sustainability; A Case Study of Faisalabad-Pakistan
Authors: Ashfaq Muhammad , Mahboob Muhammad Hassan , Sahar Sahar
Published: August 2020

This study analyzed economic value of solid waste for informal garbage collectors. It also evaluatescommunity’s perception for better environment. Although waste management and environmental sustainability is aworldwide problem, but Faisalabad’s residents also face problems regarding solid waste, environment, clean water andclean air. The main objectives of this paper, which has been explored; to study the socio-economic characteristics of therespondents, to evaluates the resident’s perception regarding better environment and also estimate the income level ofgarbage collectors and significant determinants of income which they generate through waste collection. Data werecollected from 125 households and 125 informal garbage collectors from different parts of (7 districts) Faisalabad in themonth of January and February 2019 through well-developed questionnaire. The results of the socio-economiccharacteristics of the respondents were drawn through SPSS and adult males, females having low level of educationwere in the majority in waste collectors. Five categories (Waste collectors, (W. Cs), call on scavengers (CSs), transferpoint pickers (TPPs), Street pickers (SPs) and dumpsite pickers (DPs) were studied. They were generating reasonableincome; most of them were generating income above 20,000 rupees per month by working on average 7 to 8 hours perday. The garbage was being collected from streets, households, institutions, factories, hospitals and markets throughdifferent instruments and sold to middle man or factories. Garbage collectors face many social problems like sexualharassment for female garbage collectors and chances of occurrence of diseases during their work much likely tohappen. Informal garbage collectors were uneducated as compared to residents who give their perception regardingenvironment. Majority of the residents blamed themselves for poor management of solid waste which leads to low levelof environmental sustainability. Lack of awareness of the residents was the critical factor for better environment. In thesecond part; Ordinary least square (OLS) method was used to check the impact of different factors affecting theirincome level. Working hours has significant impact on income level except others (gender, age and equipment ofcollection). The policy makers should increase the awareness among masses regarding the improvement ofenvironment by better management. There should also be awareness program for garbage collectors regarding healthhazards by involving NGOs and others volunteers.
Monitoring Expanse Near Lakhodair Landfill and Mehmood Booti Dump Sites of Lahore, Paksitan
Authors: Khalil Maimoona , Mazhar Nausheen , Amjad Dania
Published: August 2020

Solid waste management in any large urban city like Lahore requires special disposal measures. In thisregard, Lakhodair landfill and Mehmood booti dump sites collect and handle major bulk of all the solid waste comingfrom ten towns of Lahore, with the city’s waste generation rate of being 0.84kg/capita per day. Spatial expanse of boththe sites was calculated in Arc GIS 10.3 system. The findings clearly showed that the extent of both these dump siteshad increased during 2006-2016 due to an enormous rise in solid waste generation. During 2006, the area of MehmoodBooti dump site and Lakhodair Landfill site was only 15 hectares and 17 hectares respectively. By 2016, this area hadincreased to 32 hectares and 52 hectares respectively. The mapping of these two sites can help in future researchesbased on investigating the disease patterns among people residing around these sites and by determining methaneemissions in the study area.
Dehydroxylation of Minerals of Gadisunkapur Area with Special Reference to FTIR and Thermal Study
Authors: Hiremath Marularadhya C. , Sreenivasa A.
Published: August 2020

This paper attempts to explain the presence of OH group for micas along with some sulfate, chlorite, quartz and feldspar minerals. These minerals are found to be associated with barite vein, metasediments (quartz-chlorite schist), metarhyolite and varieties of granitic rocks of Gadisunkapur area of Hungund-Kushtagi Schist belt. The samples were collected in and around Gadisunkapur village of Bagalkote district, Karnataka and further processed to determine OH group anion in different minerals present based on FTIR and Thermal studies such as Thermogravimetric analysis (TGA) and Differential Thermal analysis (DTA). The high temperature dehydroxylation is investigated using this analysis. Furthermore, present study indicates the presence of different extra species (CO2, CO32- and OH-). The results show the incorporation of CO2 into the structures due to heating or enhanced by the dehydroxylation process.
Petrography and Provenance Study of South-Central Part of Kaladgi Basin, Belgaum, Karnataka, India
Authors: Pujar Anant G. , Sreenivasa A. , Asode Ajaykumar N.
Published: August 2020

The area under investigation covers the south-central part of Kaladgi series comprising of sedimentary rocks, mainly quartzarenites. From the geological point of view the study area comprises southcentral part of Kaladgi basin covering around 54 km2 which encompasses rocky hills of moderate height, showing three types of facies i.e., argillaceous, arenaceous and rudaceous. Among these three, arenaceous facies is more prominent in the area. These sedimentary rocks rest unconformably over gneisses. Detailed study of the rocks exposed are done by studying the petrological aspects of the rock samples which were subjected to microscopic studies, bifurcating different minerals and counting each parameter of the minerals which is plotted in the QFR ternary diagram and further illustrating the tectonic provenance of the area. Present work mainly focuses on the studies related to petrological, diagenesis and provenance of the study area where the rocks exposed in the vicinity are quartz arenites indicating that these sediments were deposited in a riverine condition.
Evaluation of Gas Potential in Early Cretaceous Shale Lower Indus Basin, Pakistan
Authors: Ahmed Bilal , Mohibullah Mohibullah , Jalal Sadiq , Abbasi Shabeer Ahmed , Khan Abdul Salam , Alam Shams -ul- , Rehman Hamza
Published: August 2020

The shale gas potential of the early Cretaceous Talhar shale member of the lower Goru Formation in lower Indus basin of Sanghar district, Sindh province, has been evaluated using 2D seismic and well logs data. Graphical and empirical techniques were applied to calculate various geochemical parameters for the evaluation of shale plays. Total Organic Carbon (TOC) is calculated by Passey's (∆LogR) Overlay technique and its values are about 2.44 wt.%. Vitrinite Reflectance (Ro) is estimated by graphical and empirical relation and the value lies between 0.95-1.0 which implies that the Talhar shale member is in peak oil and initial gas generation phase. Log-derived Maturity Index (LMI) is calculated by NPHI, RHOB or density log and uranium logs. The average value is about 0.55 which reflects that the formation is probably in the initial maturation phase. Kerogen Volume (Vk) is estimated by empirical relation using RHOB log as input and it is about 13 wt. % which reflects that the formation has enough potential of oil/gas expulsion. The results are compared and validated with a study of the adjacent field of the same basin. This study reveals that Talhar member of lower Goru Formation could be the future probable potential unconventional reservoir for exploration in lower Indus basin of Pakistan.
Letter from the Editors: Special Issue on “Investigating Modern Slavery: How IB Scholarship Can Contribute”
Authors: Michailova Snejina , Stringer Christina , Mezias John
Published: August 2020

This Special Issue Commentary and Introduction briefly outlines how modern slavery is linked to international business via globally disaggregated production systems governed through ownership and contracts by MNCs. Numerous mechanisms and practices mask the presence of modern slavery across the globe. Uncovering modern slavery is a grand challenge that can and should be tackled by IB researchers and educators. Each of the Special Issue articles is devoted to different aspects of modern slavery and proposes how IB scholarship can address the phenomenon.
Liderazgo transformacional en las relaciones interpersonales y trabajo colaborativo de los directivos de la red 03, UGEL 04 Comas, 2020
Authors: Quiñones Cuyubamba Sandra Miluska , Menacho Rivera Alejandro Sabino
Published: August 2020

El objetivo de la investigación fue establecer la incidencia del liderazgo transformacional en las relaciones interpersonales y trabajo colaborativo de los directivos de la Red Nº 03, Ugel 04, Comas, 2020, planteando como problema general: ¿Cómo incide del liderazgo transformacional en las relaciones interpersonales y trabajo colaborativo de los directivos de la Red 03, Ugel 04 Comas, 2020?, la investigación estuvo enmarcado en un enfoque cuantitativo, tipo básico de nivel explicativo utilizando el diseño no experimental, de corte transversal con un paradigma positivista. La muestra de estudio estuvo conformada por 123 entre docentes y trabajadores de las instituciones educativas de la red mencionada.Así mismo se confirmó una confiabilidad alta de los instrumentos a través del estadístico del Alfa de Cronbach. Finalmente, el estudio concluye que el liderazgo transformacional incide significativamente en las relaciones interpersonales y trabajo colaborativo en las instituciones educativas de la Red Nº 03 de la Ugel 04 de Comas, ello fue corroborado por el coeficiente de Nagelkerke cuyo resultado significó que la variabilidad de las relaciones interpersonales y el trabajo colaborativo se debe al 72,1% por el comportamiento del liderazgo directivo.
The Three Rs of Justice to Human Trafficking Victims (Rescue, Rehabilitation and Reintegration)
Authors: Ghimire Saurav
Published: August 2020

Human trafficking includes many ways of exploitation of women and children. It has become a serious problem in Nepal. Delivering justice to victims of trafficking is a challenging job as it even requires cooperation of the parties not concerned to the offence. Just punishing the offender and providing compensation to the victim is far behind from justice. The victims may have lost ties with their families, and families may not be prepared to face community stigma once their child (Victim) returns. Entire Programs for rescue, rehabilitation and reintegration is essential for rendering justice to the victims. Therefore, state should focus on rescuing trafficked children and women, helping them return to their families, providing psychological and medical assistance, housing and skills training. Safe rescue of victims to the possible extent should be guaranteed by both the receiving state and state of origin. Moreover, the victims who have already been traumatised by offender should not be re-victimized by complex legal procedure.
Revisiting the Conceptual Framework of Transitional Justice: Some Critical Notes
Authors: Al-Makassary Ridwan
Published: August 2020

Scholars generally agree that transitional justice represents a framework of mechanisms that works to restore the rule of law and justice through both judicial and non-judicial responses. From the outset, transitional justice comprises a broad, complex and elusive conceptual framework. This is necessarily so because the measures to be employed vary from case to case and country to country. Likewise, adopting a mechanism that has been successful in one country will not necessarily achieve the same results in another country, or at another time once and for all. In this perspective, the article attempts to review the conceptual framework of transitional justice. It presents analytical description on transitional justice concerning definition, goals, development and comprehensive mechanisms.
International and Indian Civil Liability Regime for Nuclear Damage - Operator's Liability v. Supplier's Liability
Authors: Chandalia Sidhant
Published: August 2020

Nuclear energy has seen tremendous growth in the last two decades and has a considerable share in world electricity supply. No nuclear reactor can be 100 % safe. Every reactor has a small, but finite chance of catastrophic failure, as seen in Chernobyl, Three Mile Island, Fukushima and many smaller accidents around the world, including those in India. Nuclear projects are non-bankable in the sense that they cannot be insured. If they could, the matter would be simple enough. The nuclear plant and every person likely to be affected by radiation would be insured for a suitable sum, but the cost of a disaster and the lawsuits that would ensue make it virtually impossible to insure a nuclear power plant. Hence, there is a need to put an artificial compensation and liability mechanism in place to deal with nuclear accidents. The issue is not merely the amount of compensation to be paid in the event of an accident but also who would be encumber with the bill, the operators or the suppliers, and to what extent.
Nanotechnology: An Emerging Area of Scientific Issues and Legal Challenges
Authors: Mathew Thomas
Published: August 2020

Nanotechnology is based on the convergence of several disciplines of science and technology. India though entering late in this field has been able to make a mark, however, there is a long way to go both in the scientific and legal arena. This paper initially focuses on the scientific development of nanotechnology in India and thereafter on various acts and regulations that deal with nanotechnology in India.
The Scope of Informal Justice Mechanisms in ‘Criminal Justice System’: Critical Observations on Principles, Theories and Prospects
Authors: Sangroula Yubaraj
Published: August 2020

The quintessence of the paper is conception of a criminal justice system in which formal justice system and informal justice system jointly work to achieve the greater goal of ensuring security and respecting human dignity. In order to accomplish such complementarily, the conventional stereotypes on retributive, colonial and punitive approaches to the criminal justice system devoid of victimcentrality would have to be done away with. The cancerous vestiges of the colonial thinking are observable in South Asia and have eroded the faith of people upon the government and the justice system acting as a stimulus for designing an effective informal justice system, which has already been in practice since time memorial. With regards to South Asia, it is exemplified by the paralegal committee, Shalis Kendra, Union Parishad and Lok Adalat. The scope of informal justice system in criminal cases manifests in form of community mediation, plea bargaining, restorative negotiation and revocation of cases. Nevertheless, clear guidelines must be formulated to avoid potent problems in the mechanism.
The Transfer of Asylum Seekers in Australia to Third Countries: A Case Study of Sovereignty versus International Law
Authors: Tuckfield Hugh S.
Published: August 2020

Asylum is an issue equally central to refugee law and human rights. Generally, they are protected under the 1951 Refugee Convention, but asylum cases are largely state regulated affair, subject to state legislations, policies and guidelines, which certainly do not preclude the applicability of international obligations directing the conduct of state towards the asylum seekers, which emanate from the recognized international human rights principles such as right to seek asylum and right against refoulement and right not to be arbitrarily detained. Contracting parties to international conventions such as the 1951 Refugee Convention, ICCPR, ISESCR, CAT, CRC, CEDAW and CERD among others acquire the responsibility to respect, protect and fulfill the obligations adducible in treatment of asylum seekers. In this regard, Australia was one of the earliest state parties to the 1951 Refugee Convention and is also a party to the relevant human rights treaties. However, it is determined to adhere to its conventional understanding of sovereignty and nationalism, at the cost of comprising the minimum protection of the rights of those who seek asylum in it.
The Protection of National Minorities within the Council of Europe: An Analytical Review
Authors: Aslan Jabbar , Aslani Khabbat
Published: August 2020

According to the preamble of the Framework Convention for the Protection of National Minorities, which has entered into force on 1 February 1998, minority rights are an integral part of fundamental human rights. This instrument is the ever legally binding treaty in the regional and also universal level that taken on great importance in addressing the challenges of minority protection in evolving and increasingly diverse societies. So, this paper has an analytical approach to the protection of minorities within the Council of Europe and for this, especially, focuses on the Framework Convention: namely its content, its rights-holders, and also- the most important point of view - the problems, challenges and tasks that this legally instrument faces with it in practice. One must take into account that the Framework Convention has passed 13 years of its birth and the authors aim to analyse its achievements and in the same time, its challenges as well. Thus, we reiterate once more that our method is analytical to examine the topic.
A Critical Analysis of Right to Life and Judicial Intervention in South Asian Countries
Authors: Prakash K. C.
Published: August 2020

Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being. The concept of right to life is central to debates on the issues of capital pun ishment, self defense, abortion and war. Pro-life is a term representing a variety of perspectives and activist movements in medical ethics. It is most commonly used, especially in the media and popular discourse, to refer to opposition to abortion. More generally, the term describes a political and ethical view which maintains that human fetuses and embryos are persons and therefore have a right to live. Less commonly, it can be used to indicate abortion. Right to life is based on three things as food, clo th and shelter.
Defining and Achieving Freedom from Hunger: A Rights-Based Approach
Authors: Ghimire Saurav
Published: August 2020

If one is born in the right part of the world and in right social class, the problem of being hungry has its solution in the nearest refrigerator. However, if the situation is reverse, one may go hungry throughout one’s short life, as 800million born in the wrong place and in wrong social class are doing as we discuss the concern. Peace cannot exist where the hunger prevails as the former signifies not merely the absence of armed conflict but the establishment of human rights for all people, and no human right is worth anything to a starving person. That is why the freedom from hunger is fundamental to live as human being and is a necessary part of right to life.
Gender, Culture and Human Rights: The Tensions and Possibilities of Resolving Them
Authors: Scott Tracie Lea
Published: August 2020

This paper will argue that while the basic principles enshrined in international human rights conventions appear fairly straightforward, implementing human rights for women within different cultures requires a deeper analysis of cultural norms in order to address violations. Indeed, a more thoughtful and culturally sensitive analysis is required to ensure that one is identifying human rights violations in a way that recognizes the right of women to live their lives across a range of cultural choices. It will be argued that an analysis of agency is an important tool for understanding how to recognize and implement human rights regimes across the globe. Further, it will be argued that to develop a culture of human rights a positive step in the recognition of women's right to decide, to be protected against persecution for making decisions that lie within a reasonable range of human cultural activity, and to have appropriate government programs to redress violations in a manner that rebuilds human dignity.
International Humanitarian Law in India: A Critical Case Study
Authors: Yadav Anita , Yadav Amit
Published: August 2020

Prior to 1949, a consensual regime on internal armed conflict was nonexistent. The urgency to regulate the conducts of parties in an internal armed conflict was realized in the wake of World War II. The evolving war patterns direly necessitated regulation of massive violations of both humanitarian law and human right norms that are corollary to each other. This article attempts to sketch the application of international humanitarian law governing internal armed conflict in the context of India with reference various approaches at national and international level. It also highlights the fact that India is yet to recognize protocol II of the Geneva Convention and the concerns such has attracted. Further, the article also attempts to venture into the grey area of determining the threshold of internal armed conflict.
The Nation Still in Daze, the Need to Race Out of the Incompetent Maze: Sustainable Development (SD) Laws and Nepal
Authors: Singh Antara
Published: August 2020

All societies alike have made efforts on socio, economic, political transformations in order to suit their particularized historical, cultural conditions. In this process, that, the development needs a holistic approach over just the 'economic growth' approach, ineludibly, became the pragmatic recourse to agree upon by the human kind. In other words, this norm creation of 'sustainable development' has been expanding in its scope to encompass the determinations of what needs to be done, and what needs to be checked. In the backdrop of a liberal economic system that Nepal attempts to reap benefits from, the backfiring of myopic policies has hit us, as the society fails to create self sustaining legal system in the present scene, where the country is required to juggle with three goals simultaneously, economic development, environmental soundness and human rights for the social uplift. The paper deals with these areas of concern, in order to outline the need for sustainability in Nepal through a more prudent set of laws, and their implementation which can work efficiently in rapidly changed social conditions of this nation, to address and provide better working outcomes to start with, for the future generations.
An Overview on Climate Change Displacement: Exploring New Principles and Frameworks for Funding
Authors: K. Ashna Singh
Published: August 2020

Climate change displacement is probably going to be one of the biggest global challenges for the future in the wake of the worrying state of the global environment and the never-ending North-South politics manifested by blame-games and weak wordings in the Paris Climate Change Agreement. This challenge thus comes with several securities, funding and human rights implications. For these reasons, it has become important to address these issues beforehand and be prepared for the future. Several studies have been carried out in this regard, mostly dealing with the human rights implications involved. This article seeks to go a step further and analyses how a practical framework could be drafted. In particular, this article would arrive at this framework based on two main themes. Firstly, what could be the principles in underlying the future course of action which could accommodate such human rights and secondly, how the funding for this cause could be assimilated based on the very principles. Based on these two themes, the Southern countries should build arguments to bank on as and when questions regarding this issue arise at the global fora.
Private Property Rights versus Eminent Domain in Nepal: A reference to road widening drive in the Kathmandu valley
Authors: Sunuwar Dev Kumar
Published: August 2020

A road widening drive was really required in the Kathmandu valley to deal with its ballooning traffic volume. Initiated in 2011, the drive initially brought cheers to the denizens of the valley, who were choking due to traffic congestion. But the way roads were widened only added misery to many locals, mostly indigenous Newars. The drive rendered them homeless, and left them covered with dust. This article thus tries to analyze the highly political framework of 'eminent domain' and right to property in relation to road widening drive. This paper also tries to look into what the private property rights entail and the cases of violation of property rights of private individuals. Similarly, it will look into how the private property rights have been undermined by a government capable of physically taking away private property.
Understanding the Quintessence of Clinical Legal Education: Nepalese Experience
Authors: Gautam Gyanu
Published: August 2020

Experiential erudition is the spirit of Clinical Legal Education which provides opportunity to coalesce theory with practice and helps to expand professional skills in law students. Clinical Legal Education is an innovative development in Nepal’s legal education, the subject and arena is new to the legal fraternity of Nepal. The understanding, concept and approach of clinical legal education are not uniform among law schools and legal fraternity. The aspects of clinical legal education are inserted and reflected in the curriculum however approach and understanding remains different. The paper aims to provide uniform understanding of approaches of clinical legal education, principles and prominent activities along with scenario of clinical legal education in Nepal and its blemish.
Protection of Traditional Knowledge: Emerging Issue of Intellectual Property Law
Authors: Poudyal Madhu Soodan
Published: August 2020

Traditional Knowledge and Indigenous Knowledge are the two concepts under intellectual property which in the present context is of major concern of intellectual property law. Since, the term traditional knowledge and indigenous knowledge are quite often used interchangeably but failing to understand at times that they do not carry the same meaning it may lead to confusion. Sothis paper in general clarifies the distinction between these two concepts of intellectual property highlighting the importance of traditional knowledge. The paper attempts to discuss the areas of scope and significance of traditional knowledge. Furthermore, this paper highlights the impact of failure of registering the traditional knowledge as a patent leading to infringement of violation of intellectual property rights. The paper in conclusion opines that the ongoing debate of need of national and international actions for the protection of traditional knowledge and preservation of the nation's intellectual property should be the interest of all nations.
An Appraisal of Tourism Law: Eclectic in Nature
Authors: Giri Narayan Prasad
Published: August 2020

The research is limited in studying the multifaceted aspects of tourism law, focusing especially on its eclectic nature. The researcher has endeavored to explore what tourism law is like and how it deals with the multi-disciplinary aspects of tourism. Prior to exploring the multi-disciplinary nature of tourism law, the researcher considered it better to outline the understanding of tourism itself. The article also discusses relation between tourism law and aspects fundamental and crucial to the understanding of tourism. The researcher opines that the relevance of tourism law can be traced in every aspect of life and every subject of knowledge, thusthe research charts out how the diverse characteristic of tourism law can help in ascertaining its eclectic nature.
The Problem of Rohingya Refugees in Bangladesh: A Critical Analysis
Authors: Nour Mohammad
Published: August 2020

International refugee law is a part of international human rights law, which advocates for the protection and assistance of refugees around the world. Presently the problem of refugee and internally displaced persons (IDPs) aremajor challenging issues of the globe. The Greek philosopher Euripides, in 431, recognized that “there is no greater sorrow on earth than the loss of owns native land.1 ” However, where humankind has existed there have been refugees as well. So refugee problem is not a new phenomenon, it has a long historical background. The huge influx of Rohingya refugees has begun from the beginning of this century and number has gradually increased from that period. Now it is a major concern of international human rights and humanitarian law in Bangladesh.2 The paper critically analysis and tries to identifies the international law on refugees and the influx of Rohingya refugees being faced by Bangladesh over the years. The paper deals with theConvention Relating to the Status of Refugees 1951 for the protection and assistance of the refugees and regional instruments adopted to address the refugees’ situation in the South Asian region.3
‘A Right to Water’ in International Human Rights Law: Flow from Implicit to Explicit Right
Authors: Sangroula Swechhya
Published: August 2020

The paper relies on doctrinal method of study in determining whether a right to water exists under international human rights law. As primary source, the paper relies on the International Covenant on Economic, Social and Cultural Rights and the products of the ICESCR’s monitoring system: Economic and Social Council (ECOSOC) and particularly the work of the CESCR, which is the subsidiary body of the ECOSOC, tasked with monitoring functions, since 1985. The paper relies on the international interpretation of relevant ICESCRprovisions made by the CESCR as ‘evidence of the meaning and application of the Covenant’.1 The paper also relies on the study of relevant Concluding Observations issued by the CESCR during the course of its monitoring of states’ periodic reports. The primary reason, being, that unlike ICCPR’s Human Rights Committee jurisprudence, the ICESCR has not developed a body of jurisprudence from its treaty body. As secondary sources, scholarly writings and published academic debates have been referred to gauge the contents of the academic debate surrounding the issue.
Unwholesome Tendencies in the Judicial Appointment - A Nepali Perspective
Authors: Khanal Bishal
Published: August 2020

Although judges are often examined and inspected on various court affairs and subsequent efficiency or deficiency, judge-making systems, especially supersession, is largely unchecked. Nonetheless, it comprises a huge ground for worrying domain of diminishing values and esteem of courts. Unfair practices in appointment and the way they are responded to, hugely embody devastating present and damaging future for expected strength in judiciary. This paper, besides citing various scholars’ views on how a judge should be, critically examines the tendency of Supersession (one of the wrong norms in judicature) and its impacts in eroding the efficacy of judiciary.
Sexual Orientation and Gender Identities: An Analysis of the Contemporary Laws and Literature
Authors: Yonzon Dhruba
Published: August 2020

Where the expression of sexual orientation and gender identities is one of the fundamental human rights of an individual, there many people still face threat to their liberty and to their lives. Culture and religion play a vital role in establishing such detrimental ideologies; where, despite the understanding that every human being is born equal in freedom and in dignity, millions of queer people are deprived of their right, therefore being discriminated and at worst being persecuted with a simple reasoning that homosexuality is “unnatural” and is a “sin”. This paper will analyze the response of several nations in the Universal Periodic Review regarding their discriminatory law against the LGBT+ (it denotes – Lesbian, Gay, Bisexual, Transgender including other member of the queer community, hereafter "LGBT+") individual. Further, the paper will establish how media and literature have misled to the general public reinforcing ideas that being anything other than “straight” or “cis-gendered” is not “normal” and could be never, which allows States to opt for these inhumane treatments against the LBGT+ people without any recourse. At the end, the paper puts forth approaches to properly implement international human rights law in protection of LGBT+ individuals in law and in daily life.
Analyzing Hindu Women’s Right to Property in Bangladesh: Absolute Interest versus Limited Interest
Authors: Begum Ferdousi
Published: August 2020

Hindu women living in Bangladesh are deprived of inheritance in comparison to their male counterparts. They exercise a limited interest in the property while their male counterparts have an absolute interest in the property except in case of Stridhan. This feature gives a scenario of male dominating society in Bangladesh. If alienation is possible in case of Stridhan property, it ought to be applicable in case of getting properties through the way of inheritance as well; but it is not clear at all. There is no reason behind having such kind of discrimination. Therefore, this paper argues that as a Hindu woman can handle her property like a man in case of Stridhan property, she should, absolutely instead of enjoying it limitedly, enjoy all of her properties including the properties which she gets by way of inheritance as well.
Making WTO Dispute Settlement System Useful for LDCs
Authors: Ingnam Kumar
Published: August 2020

The World Trade Organization, a forum of multinational bargaining for trade under an international regulatory authority, has adhered compromising provisions for all member countries. The natural rule ‘stronger pie more and weaker are hanged up in the better dream of future' is indirectly refl ected in the WTO rules (the agreements, commitments and a few decisions of Ministerial Conferences) as well. While weaker countries (including independent economic territories) had shown strong reservation in opening up Agreement on Trade-Related Aspects of Intellectual Property Rights, General Agreement on Trade in Services and Agricultural market during negotiation, the richer had persuaded in inserting scattered, fl exible and concessional provisions in different Agreements of WTO; and Ministerial Conferences had made decisions and commitments to support and compensate them. The ultimate indication of trade performance is measured on their transactions and on the free movement of their goods and services. In case if the treatment is not fair or the regulatory compliance is not fulfi lled, remedy ought to be accessible. Since its commencement, just a single case was initiated by Least Developed Countries for settlement through the Dispute Settlement Body due to the doubt on the procedure and effectiveness of DSB. The article tries to analyze that why weaker (especially LDCs) countries are reluctant in joining DSB and framing way-out to resolve the problem by making convenient provisions for the weaker, LDCs as well.
Religion and State: Revisions Needed in Sri Lankan Constitutional Implications
Authors: Ratnam Nishandey
Published: August 2020

The paper compares infl uence of religion in the Constitutional culture of Sri Lanka and India. The secular nature of both constitutions, the historic relationship between the State and religion, and religious rights is analyzed in detail. Sri Lankan Constitution has provisions of giving special recognition to the Buddhist religion while, the Indian Constitution declares itself as a secular state. However, both nations have similar societies with a lesser degree of secular political culture. An entrenched provision of the Sri Lankan Constitution stands against the good principles of constitutionalism, instrumental in transforming the constitutional culture. The benefi ts of the maintenance of public order and the wellbeing of all parts of the society for the nation by, allowing real freedom of religion and maintaining no partiality, secular government is yet to be recognized in the Constitutional making history of Sri Lanka and in India as well.
Personal Law and Property Rights of Hindu Woman in India - The Need for Codifi cation
Authors: Thulaseedharan Sindhu
Published: August 2020

In India, the familial relations of any citizen, including inheritance, are governed by law related to his or her religion, which came to be known as personal law. The property rights of Hindu woman from the vedic age refl ected that daughter was given a share equal to that of a son, who in the later age of smritis ( traditional law) , came to inherit only in the absence of male issue. The nature of property of a Hindu woman, stridhanam (woman’s property) thus came to be distorted from absolute property right to ‘limited estate’ known as ‘woman’s estate’. That is, the property passed only to the next heirs of the last male owner of the female intestate. The legislations in the pre-independent India strengthened the position of Hindu woman. But the later laws limited her interest in property to the sense that she could alienate it for certain purposes only and the property possessed by her devolved on the heirs of her husband and not on her own heirs. The retention of testamentary power has further undermined gender-equality largely. Even at present, the Hindu Succession (Amendment) Act, 2005, allows existing property disputes to continue and does not affect rights that became vested prior to its implementation. Therefore, the codifi cation of personal law on succession becomes the need of the hour, since the patriarchal norms retained in the law have to be dropped.