Rangelands, conflicts, and society in the Upper Mustang Region, Nepal

Rangelands are considered critical ecosystems in the Nepal Himalayas and provide multiple ecosystem services that support local livelihoods. However, these rangelands are under threat from various anthropogenic stresses. This study analyzes an example of conflict over the use of rangeland, involving two villages in the Mustang district of Nepal. This prolonged conflict over the use of rangeland rests on how use rights are defined by the parties, that is, whether they are based on traditional use or property ownership. Traditionally, such conflicts in remote areas were managed under the Mukhiya (village chief) system, but this became dysfunctional after the political change of 1990. The continuing conflict suggests that excessive demand for limited rangelands motivates local villagers to gain absolute control of the resources. In such contexts, external support should focus on enhancing the management and production of forage resources locally, which requires the establishment of local common property institutions to facilitate sustainable rangeland management.<br />

Implications of Kungurian (Early Permian) conodonts from Hatahoko, Japan, for correlation between the Tethyan and international timescales

The correlation between the fusulinid-based Tethyan and the conodont-based international timescales of the Permian System has become one of themost disputed issues among the Permian community during the past two decades. In this paper,we document a conodont fauna consisting of four species including Sweetognathus guizhouensis, Pseudohindeodus augustus, Hindeodus permicus and a new genus Meiognathus pustulus from the lower part of a large exotic limestone block at Hatahoko in the Nyukawa area, Gifu Prefecture, central Japan, which all suggest aKungurian age. The Kungurian age indicated by the conodonts is consistent with the age of the associated brachiopods, but conflicts with the Murgabian age indicated by the associated fusulinids including Cancellina nipponica, Neoschwagerina simplex, Neofusulinella praecursor etc. This co-occurrence of Kungurian conodonts and Murgabian fusulinids in central Japan suggests that previously unrecognized temporal distributions of some key fusulinid or conodont elements need to be clarified and that the intensively-disputed correlation problem between theKungurian containing theMurgabian fusulinids at the Luodian section in Guizhou, South China with the strata containing the ammonoid Waagenoceras in Oman and Sicily was caused by artificial conodont taxonomic discrepancies. The Luodian section in South China could serve as a key reference section for the correlation of the Kungurian Stage (late Early Permian) between the Tethyan and international timescales.&nbsp;

Assessing the practice of project-based JV between local and international contractors in the UAE

This paper is about assessing the practice of Project-Based Joint Ventures formed between local and international contractors in the UAE construction industry. This common practice nowadays, provides the means for contractors to quickly add resources to enhance project acquisition. Studies indicate that JVs are among the tools that contractors will need to get together in the face of increasing market demands. Specifically, Project-Based JVs are often used in the UAE Construction industry with an exceptional growth in an attempt to diversify from Oil and Gas. The UAE is very business friendly which makes it attractive for such kind of alliance or partnership for local contractors to get the necessary experience and for international contractors to minimize the risks associated with entering new markets. In this context, studies that evaluate this alliance phenomenon in the UAE construction industry are limited. The few industry-related studies have primarily focused on large, international JVs; yet, many JVs are formed on small and medium-sized projects within the UAE. The paper aims to assess the current practices and understand the many factors involved with forming, managing, and controlling JV partnerships. The research methodology adopted a mix of quantitative and qualitative approaches. First, a closed question survey was disseminated to construction professionals in the UAE in light of the literature findings. Second, two case studies were demonstrated and analysed, then triangulated with the literature and survey findings to remove possible bias and improve the confidence in the collected data. The paper concluded that the JV in the UAE construction industry is mostly formed on project-basis rather than continuous collaboration. The management control mostly used in the UAE construction industry is shared management of activities in a venture with the operations shared between parents. The paper addressed major factors that lead to successful JV in the construction projects of the UAE which are namely trust, correct structure, communication, and partner&rsquo;s commitment. Partners&rsquo; common objectives do not affect the JV success or failure. Willingness to adapt eliminates conflicts and enhances the JV success prospect.

From Darfur to Sinai to Kashmir: Ethno-religious conflicts and legalization

This paper attempts to examine agreements between two high conflict states - India and Pakistan - in comparison with those between parties characterized by high degrees of conflict along ethnic and religious lines, from a theoretical perspective with a view to determining if legalization has any correlation between the commitments embodied in agreements between such states and the degree of compliance. For purposes of comparison, I examine the historic agreement between Israel and Egypt, and the Darfur Peace Agreement (DPA) as exemplars of similar conflicts where legalization has salience. I adopt the lens of legalization articulated by Abbott, et al, and bring recent advances from the intersection of international relations theory and international law to the design and structuring of agreements between states beset by persistent hostilities. I analyse agreements between India and Pakistan, Israel and Egypt, and the Darfur Peace Agreement, to demonstrate that agreements that are high on the precision-obligation-delegation matrix enjoy higher degrees of success than those that are low on this matrix when concluded between high conflict states. I conclude by arguing that India and Pakistan should aim for hard legalization to solve the Kashmir dispute, and that they must learn from the painful experience of the Darfur Peace Agreement and include non-state actors as signatories to any agreement.

Of Law, Lawlessness, and Sovereignty : Multinational Peacekeeping and International Law

Laws of war have been carefully defined by individual nations��� own codes of law as well as by supranational bodies. Yet the international scene has seen an increasing movement away from traditionally declared war toward multinational peacekeeping missions geared at containing local conflicts when perceived as potential threats to their respective regions��� political stability. While individual nations��� laws governing warfare presuppose national sovereignty, the multinational nature of peacekeeping scenarios can blur the lines of command structures, soldiers��� national loyalties, occupational jurisdiction, and raise profound questions as to which countries��� moral sense/governmental system is to be the one upheld. Historically increasingly complex international relations have driven increasingly detailed internationally drafted guidelines for countries��� interactions while at war, yet there are operational, legislative, and moral issues arising in multinational peacekeeping situations which these laws do not address at all. The author analyzes three unique peacekeeping operations in light of these legislative voids and suggests systematic points to consider to the end of protecting the peacekeepers, the national interests of the countries involved, operational matters, and clearly delineating both the objective and logical boundaries of a given multinational peacekeeping mission.

Securitization and Special Purpose Vehicles in an International Setting: a Systemic View

The present work tries to display a comprehensive and comparative study of the different legal and regulatory problems involved in international securitization transactions. First, an introduction to securitization is provided, with the basic elements of the transaction, followed by the different varieties of it, including dynamic securitization and synthetic securitization structures. Together with this introduction to the intricacies of the structure, a insight into the influence of securitization in the financial and economic crisis of 2007-2009 is provided too; as well as an overview of the process of regulatory competition and cooperation that constitutes the framework for the international aspects of securitization. The next Chapter focuses on the aspects that constitute the foundations of structured finance: the inception of the vehicle, and the transfer of risks associated to the securitized assets, with particular emphasis on the validity of those elements, and how a securitization transaction could be threatened at its root. In this sense, special importance is given to the validity of the trust as an instrument of finance, to the assignment of future receivables or receivables in block, and to the importance of formalities for the validity of corporations, trusts, assignments, etc., and the interaction of such formalities contained in general corporate, trust and assignment law with those contemplated under specific securitization regulations. Then, the next Chapter (III) focuses on creditor protection aspects. As such, we provide some insights on the debate on the capital structure of the firm, and its inadequacy to assess the financial soundness problems inherent to securitization. Then, we proceed to analyze the importance of rules on creditor protection in the context of securitization. The corollary is in the rules in case of insolvency. In this sense, we divide the cases where a party involved in the transaction goes bankrupt, from those where the transaction itself collapses. Finally, we focus on the scenario where a substance over form analysis may compromise some of the elements of the structure (notably the limited liability of the sponsor, and/or the transfer of assets) by means of veil piercing, substantive consolidation, or recharacterization theories. Once these elements have been covered, the next Chapters focus on the regulatory aspects involved in the transaction. Chapter IV is more referred to ���market��� regulations, i.e. those concerned with information disclosure and other rules (appointment of the indenture trustee, and elaboration of a rating by a rating agency) concerning the offering of asset-backed securities to the public. Chapter V, on the other hand, focuses on ���prudential��� regulation of the entity entrusted with securitizing assets (the so-called Special Purpose vehicle), and other entities involved in the process. Regarding the SPV, a reference is made to licensing requirements, restriction of activities and governance structures to prevent abuses. Regarding the sponsor of the transaction, a focus is made on provisions on sound originating practices, and the servicing function. Finally, we study accounting and banking regulations, including the Basel I and Basel II Frameworks, which determine the consolidation of the SPV, and the de-recognition of the securitized asset from the originating company���s balance-sheet, as well as the posterior treatment of those assets, in particular by banks. Chapters VI-IX are concerned with liability matters. Chapter VI is an introduction to the different sources of liability. Chapter VII focuses on the liability by the SPV and its management for the information supplied to investors, the management of the asset pool, and the breach of loyalty (or fiduciary) duties. Chapter VIII rather refers to the liability of the originator as a result of such information and statements, but also as a result of inadequate and reckless originating or servicing practices. Chapter IX finally focuses on third parties entrusted with the soundness of the transaction towards the market, the so-called gatekeepers. In this respect, we make special emphasis on the liability of indenture trustees, underwriters and rating agencies. Chapters X and XI focus on the international aspects of securitization. Chapter X contains a conflicts of laws analysis of the different aspects of structured finance. In this respect, a study is made of the laws applicable to the vehicle, to the transfer of risks (either by assignment or by means of derivatives contracts), to liability issues; and a study is also made of the competent jurisdiction (and applicable law) in bankruptcy cases; as well as in cases where a substance-over-form is performed. Then, special attention is also devoted to the role of financial and securities regulations; as well as to their territorial limits, and extraterritoriality problems involved. Chapter XI supplements the prior Chapter, for it analyzes the limits to the States��� exercise of regulatory power by the personal and ���market��� freedoms included in the US Constitution or the EU Treaties. A reference is also made to the (still insufficient) rules from the WTO Framework, and their significance to the States��� recognition and regulation of securitization transactions.

Building Peace and/or Gender Equality. Changing Attitudes around Peace, Development and Security in International Cooperation in Rwanda.

The times following international or civil conflicts but also violent revolutions often come with unequal share of the peace dividend for men and women. Delusions for women who gained freedom of movement and of roles during conflict but had to step back during reconstruction and peace have been recorded in all regions of the world. The emergence of peacebuilding as a modality for the international community to ensure peace and security has slowly incorporated gender sensitivity at the level of legal and policy instruments. Focusing on Rwanda, a country that has obtained significant gender advancement in the years after the genocide while also obtaining to not relapse into conflict, this research explores to what extent the international community has contributed to this transformation. From a review of evaluations, findings are that many of the interventions did not purse gender equality, and overall the majority understood gender and designed actions is a quite superficial way which would hardly account for the significative advancement in combating gender discrimination that the Government, for its inner political will, is conducting. Then, after a critique from a feminist standpoint to the concept of human security, departing from the assumption (sustained by the Governemnt of Rwanda as well) that domestic violence is a variable influencing level of security relevant at the national level, a review of available secondary data on GBV is conducted an trends over the years analysed. The emerging trends signal a steep increase in prevalence of GBV and in domestic violence in particular. Although no conclusive interpretation can be formulated on these data, there are elements suggesting the increase might be due to augmented reporting. The research concludes outlining possible further research pathways to better understand the link in Rwanda between the changing gender norms and the GBV.

Where Is "Home"? Value Conflicts, Identity Crises and the Formation of Cosmopolitan Identity in Myanmar Students Studying in the United States

Fully engaging in a new culture means translating oneself into a different set of cultural values, and many of the values can be foreign to the individual. The individual may face conflicting tensions between the psychological need to be a part of the new society and feelings of guilt or betrayal towards the former society, culture or self. Many international students from Myanmar, most of whom have little international experience, undergo this value and cultural translation during their time in American colleges. It is commonly assumed that something will be lost in the process of translation and that the students become more Westernized or never fit into both Myanmar and US cultures. However, the study of the narratives of the Myanmar students studying in the US reveals a more complex reality. Because individuals have multifaceted identities and many cultures and subcultures are fluctuating and intertwined with one another, the students�� cross-cultural interactions can also help them acquire new ways of seeing things. Through their struggle to engage in the US college culture, many students display the theory of ��cosmopolitanism�� in their transformative identity formation process and thus, define and identify themselves beyond one set of cultural norms.

Instruments for analysing urban conflicts in the Global South: The case of urban transformation processes in Dakar

Physical and social transformation processes that take place in urban contexts with strong spatial growth and hardly any economic development frequently have significant adverse impacts for the affected people, which tend to be made invisible. This paper presents an analytical framework to explore different ways to approach urban transformation processes (supply side), their impacts on the set of needs of the community (demand side) and their consequences on the urban environment as a whole (context). The proposed method has been used to assess three actions related to the physical and social transformation of the largest self-made settlement in the city of Dakar, Senegal, during the 2005���2012 period. Research findings show how exogenous interests are privileged over the common good when the affected citizens are not effectively involved in decision-making processes.

"Viewers should not try this at home". Die Verfassungsgerichte Bosnien-Herzegowinas und Kosovos in deren Rolle als Schlichtungsinstanzen in ethnopolitischen Konflikten = The constitutional courts of Bosnia-Herzegovina and Kosovo in their role as arbitration bodies in ethno-political conflicts. EDAP 01/2014

The article analyzes the role of constitutional courts in Bosnia and Kosovo, both characterized by their partly internationalized membership, in the adjudication of cases that are highly controversial between the different ethno-political factions. The main focus is on the Constitutional Court of Bosnia, which presents one of the richest and most interesting examples of ���lawfare��� in divided societies. The concept of lawfare has been adapted to refer to the continuation of political battles by ethno-political actors through legal means, in this case, constitutional adjudication. In Kosovo, the Constitutional Court has been an important defender of diversity, albeit its primary focus and merit are to have contributed to the establishment of a concept of democracy close to the people of Kosovo. The article concludes that constitutional courts represent important institutions of internal conflict resolution in divided societies, which have been instrumental in shaping multiculturalism in these post-conflict societies divided by deep ethnic cleavages.

Reintegration or Reconquest? Georgia's policy towards Abkhazia and South Ossetia in the context of the internal and international situation. OSW Point of View, May 2008

The conflicts in Abkhazia and South Ossetia have been Georgia's main security problem since the beginning of the 1990s, and, along with the Armenian-Azeri conflict over Nagorno-Karabakh, have made up the main security problems in the South Caucasus.

A Differentiated, Balanced and Patient Approach? The EU���s Involvement with Georgia���s Secessionist Conflicts beyond the August 2008 War. EU Diplomacy Paper 06/2015.

The August war in 2008 between Russia and Georgia caught the world by surprise but nevertheless brought the European Union (EU) to the forefront of the international efforts to end the hostilities, and the EU became the leading international actor involved with the conflict resolution process. However, in the years following the armed conflict, the conflict resolution process lost pace, and the impact of the EU beyond the immediate aftermath of the August 2008 war has been put into question. By undertaking a qualitative case study, this paper aims to explore to what extent the EU has impacted on the conflict resolution process of Georgia���s secessionist conflicts in 2008-2015. It will argue that the EU���s policies have only to a limited extent impacted on this conflict resolution process, which can be related to the objectives, priorities and time perspectives of the EU���s conflict resolution policies. The EU���s efforts have significantly contributed to the objective of conflict prevention, but the profile of the EU in the field of international conflict management weakened its position in the area of conflict transformation, where the lack of progress in turn limited the EU���s impact in the areas of international conflict management and conflict settlement. The main conclusion put forward is that in order to have a true impact, the EU needs to undertake a differentiated, balanced and patient approach to conflict resolution.