LAW OF COMMON AREAS CONFERENCE

Previously Published Papers on "Law of Common Areas Conference"

• The Role of the Injured Party's Fault in the Apportionment of Damages in Tort Law: A Comparative-Historical Study between Common Law and Islamic Law

  Authors: Alireza Tavakolinia, Keywords: Contributory negligence, common law, Islamic Law, Tort Law. DOI:10.5281/zenodo. Abstract: In order to understand the role of the injured party's fault in dividing liability, we studied its historical background. In common law, the traditional contributory negligence rule was a complete defense. Then the legislature and judicial procedure modified that rule to one of apportionment. In Islamic law, too, the Action rule was at first used when the injured party was the sole cause, but jurists expanded the scope of this rule, so this rule was used in cases where both the injured party's fault and that of the other party are involved. There are some popular approaches for apportionment of damages. Some common law countries like Britain had chosen ‘the causal potency approach’ and ‘fixed apportionment’. Islamic countries like Iran have chosen both ‘the relative blameworthiness’ and ‘equal apportionment’ approaches. The article concludes that both common law and Islamic law believe in the division of responsibility between a wrongdoer claimant and the defendant. In contrast, in the apportionment of responsibility, Islamic law mostly believes in equal apportionment that is way easier and saves time and money, but common law legal systems have chosen the causal potency approach which is more complicated than the rival approach but is fairer.

• Kant’s Conception of Human Dignity and the Importance of Singularity within Commonality

  Authors: Francisco Lobo, Keywords: Commonality, dignity, Kant, singularity. DOI:10.5281/zenodo.2576980 Abstract: Kant’s household theory of human dignity as a common feature of all rational beings is the starting point of any intellectual endeavor to unravel the implications of this normative notion. Yet, it is incomplete, as it neglects considering the importance of the singularity or uniqueness of the individual. In a first, deconstructive stage, this paper describes the Kantian account of human dignity as one among many conceptions of human dignity. It reads carefully into the original wording used by Kant in German and its English translations, as well as the works of modern commentators, to identify its shortcomings. In a second, constructive stage, it then draws on the theories of Aristotle, Alexis de Tocqueville, John Stuart Mill, and Hannah Arendt to try and enhance the Kantian conception, in the sense that these authors give major importance to the singularity of the individual. The Kantian theory can be perfected by including elements from the works of these authors, while at the same time being mindful of the dangers entailed in focusing too much on singularity. The conclusion of this paper is that the Kantian conception of human dignity can be enhanced if it acknowledges that not only morality has dignity, but also the irreplaceable human individual to the extent that she is a narrative, original creature with the potential to act morally.

• Collective Redress in Consumer Protection in South East Europe: Cross-National Comparisons, Issues of Commonality and Difference

  Authors: Veronika Efremova, Keywords: Collective redress mechanism, consumer protection, commonality and difference, South East Europe. DOI:10.5281/zenodo.1316438 Abstract: In recent decades, there have been significant developments in the European Union in the field of collective consumer redress. South East European countries (SEE) covered by this paper, in line with their EU accession priorities and duties under Stabilisation and Association Agreements, have to harmonize their national laws with the relevant EU acquis for consumer protection (Chapter 28: Health and Consumer). In these countries, only minimal compliance is achieved. SEE countries have introduced rudimentary collective redress mechanisms, with modest enforcement of collective redress and case law. This paper is based on comprehensive interdisciplinary research conducted for SEE countries on common principles for injunctive and compensatory collective redress mechanisms, emphasizing cross-national comparisons, underlining issues of commonality and difference aiming to develop recommendations for an adequate enforcement of collective redress. SEE countries are recognized by the sectoral approach for regulating collective redress contrary to the majority of EU Member States with having adopted horizontal approach to collective redress. In most SEE countries, the laws do not recognize compensatory but only injunctive collective redress in consumer protection. All responsible stakeholders for implementation of collective redress in SEE countries, lack information and awareness on collective redress mechanisms and the way they function in practice. Therefore, specific actions are needed in these countries to make the whole system of collective redress for consumer protection operational and efficient. Taking into consideration the various designated stakeholders in collective redress in each SEE countries, there is a need of their mutual coordination and cooperation in order to develop consumer protection system and policies. By putting into practice the national collective redress mechanisms, effective access to justice for all consumers, the principle of rule of law will be secured and appropriate procedural guarantees to avoid abusive litigation will be ensured.

• Populism and the Democratic Crisis: Comparative Study of Four Countries

  Authors: Hyein Ko, Keywords: Common people, democratic crisis, populism, Trump phenomenon. DOI:10.5281/zenodo.1315681 Abstract: In 2017, many signs of populism occurred around the world. This paper suggests that populism is not a sudden phenomenon, but a manifestation of common people’s will. By analyzing previous research, this paper proposes three factors related to populism: Inequality, experience of economic crisis, and rapid cultural change. With these three elements, four cases will be investigated in this article; two countries experienced populism, and the other two countries did not experience it. Comparing four cases by using three elements will give a fruitful foundation for further analysis regarding populism. In sum, aforementioned three elements are highly related to the occurrence of populism. However, there is one hidden factor: dissatisfaction with established politics. Thus, populism is not a temporal phenomenon. It is a red alert for democratic crisis.

• Identifying Common Behavioural Traits of Lone-Wolves in Recent Terrorist Attacks in Europe

  Authors: Khaled M. Khan, Armstrong Nhlabatsi, Keywords: Behavioral pattern, terrorism, profiling, commonality. DOI:10.5281/zenodo.1131295 Abstract: This article attempts to analyse behavioural traits of lone-wolves who struck and killed innocents in six different attacks in Europe in last nine months. The main objective of this study is to develop a profiling template in order to capture commonality of characteristics of these attackers. This study tries to understand the homogeneity of lone-wolves in terms of their social background and state of mind. The commonality among them can possibly be used to build a profiling template that could help detecting vulnerable persons who are prone to be self-radicalised or radicalised by someone else. The result of this study provides us an understanding of their commonality in terms of their state of mind and social characteristics.

• New Vision of 'Social Europe': Renationalising the Integration Process in the Internal Market of the European Union

  Authors: Robert Grzeszczak, Magdalena Gniadzik, Keywords: European law, European Union, common market, free movement of workers, posting of workers, case law. DOI:10.5281/zenodo.1129886 Abstract: The article deals with one of the most significant issues concerning the functioning of the internal market of the European Union – the free movement of workers and free movement of persons. The purpose is to identify the political and legal effects of the “renationalisation process” on the EU and its Member States. The concept of renationalisation is expressed through Member States’ aim to verify the relationship with the EU. The tendency is more visible in the public opinion of several MS’s of the ‘EU core’ and may be confirmed by the changes applied by the regulatory body. The thesis for the article is the return of renationalisation tendencies in the area of the Single Market, which is supported by, among others, an open criticism of the foundations of EU integration or considerations on withdrawal from the EU by some MS. This analysis will focus primarily on the effects that renationalisation may have on the free movement of persons. The free movement of persons is one of the key issues for the development of the European integration. It is still subject to theoretical reflections, new doubts and practical issues. The latest developments in politics, law and jurisprudence demonstrate the need to reflect on the attempts to redefine certain principles regarding migrant EU workers and their protection against nationality-based discrimination.

• Spatial Distribution of Socio-Economic Factors in Kogi State, Nigeria: Development Issues and Implication(s)

  Authors: Yahya A. Sadiq, Grace F. Balogun, Olufemi J. Anjorin, Keywords: Development, local government areas, socio-economic factors, spatial distribution. DOI:10.5281/zenodo.1128203 Abstract: This study analyzed the spatial distribution of socio-economic factors in Kogi state with a view to examining its implications on the development of the state. Consequently, questionnaires were administered on both the selected individual respondents (784) in the state and on the administrative offices (local council offices, 21) to solicit relevant information on the spatial distribution of socio-economic factors in their areas. The collected data were tabulated and analyzed using percentages. The study revealed commerce/trade, education, and health care, etc. as the major socio-economic factors in the state but with marked variation/imbalance in their spatial distribution across the study area. The rural-based local government areas have far less of such important facilities. Conclusively, it was recommended that there is need for socio-economic transformation of living conditions of people in the study area especially by positively redistributing local political power and the resources that are abound in the state will be felt by everybody including the commoners.

• An Application of Geographic Information System to Select Areas for Sanitary Landfill in Bang Nok- Khwaek Municipality

  Authors: Musthaya Patchanee, Keywords: An application of Geographic Information System, select areas for sanitary landfill and Bang Nok-khwaek municipality. DOI:10.5281/zenodo.1112161 Abstract: The study of Sanitary landfill in Bang Nok-khwaek municipality consists of two procedures. First, to survey and create the spatial database by using physical factor, environmental factor, economical factor and social factor to follow the method of Geographic information system: GIS, second, to analyze the proper spatial for allocating the sanitary landfill in Bang Nok-khwaek municipality by using Overlay techniques to calculate the weighting linear total in Arc GIS program. The study found that there are 2.49 sq.km. proper spatial for the sanitary landfill in Bang Nok-khwaek municipals city which is 66.76% of the whole area. The highest proper spatial is 0.02 sq.km. which is 0.54%, The high proper spatial is 0.3 sq.km. which is 8.04%, the moderate spatial is 1.62 sq.km. which is 43.43% and the low proper spatial is 0.55 sq.km. which is 14.75%. These results will be used as the guideline to select the sanitary landfill area in accordance with sanitation standard for Subdistrict Administrative Organization and Subbdistrict Municipality in Samut Songkhram provice.

• Media Facades Utilization for Sustainable Tourism Promotion in Historic Places: Case Study of the Walled City of Famagusta, North Cyprus

  Authors: Nikou Javadi, Uğur Dağlı, Keywords: Historical areas, Media Facade, Sustainable tourism, Walled city of Famagusta. DOI:10.5281/zenodo.1338896 Abstract: The importance of culture and tourism in the attractiveness and competitiveness of the countries is central, and many regions are evidencing their cultural assets, tangible and intangible, as a means to create comparative advantages in tourism and produce a distinctive place in response to the pressures of globalization. Culture and tourism are interlinked because of their obvious combination and growth potential. Cultural tourism is a crucial global tourism market with fast growing. Regions can develop significant relations between culture and tourism to increase their attractiveness as places to visit, live and invest, increasing their competitiveness. Accordingly, having new and creative approach to historical areas as cultural value-based destinations can improve their conditions to promote tourism. Furthermore, in 21st century, media become the most important factor affecting the development of urban cities, including public places. As a result of the digital revolution, re-imaging and re-linkage public places by media are essential to create more interactions between public spaces and users, interaction media display, and urban screens, one of the most important defined media. This interaction can transform the urban space from being neglected to be more interactive space with users, especially the pedestrians. The paper focuses on The Walled City of Famagusta. As many other historic quarters elsewhere in the world, is in a process, of decay and deterioration, and its functionally distinctive areas are severely threatened by physical, functional, locational, and image obsolescence at varying degrees. So the focus on the future development of this area through tourism promotion can be an appropriate decision for the monument enhancement of the spatial quality in Walled City of Famagusta. In this paper, it is aimed to identify the effects of these new digital factors to transform public spaces especially in historic urban areas to promote creative tourism. Accordingly, two different analysis methods are used as well as a theoretical review. The first is case study on site and the second is Close ended questionnaire, test many concepts raised in this paper. The physical analysis on site carried out in order to evaluate the walled city restoration for touristic purpose. Besides, theoretical review is done in order to provide background to the subject and cleared Factors to attract tourists.

• Role of Community Youths in Conservation of Forests and Protected Areas of Bangladesh

  Authors: Obaidul Fattah Tanvir, Zinat Ara Afroze, Keywords: Community, co-management, conservation, forests, protected areas, youth. DOI:10.5281/zenodo.1338824 Abstract: Community living adjacent to forests and Protected Areas, especially in South Asian countries, have a common practice in extracting resources for their living and livelihoods. This extraction of resources, because the way it is done, destroys the biophysical features of the area. Deforestation, wildlife poaching, illegal logging, unauthorized hill cutting etc. are some of the serious issues of concern for the sustainability of the natural resources that has a direct impact on environment and climate as a whole. To ensure community involvement in conservation initiatives of the state, community based forest management, commonly known as Comanagement, has been in practice in 6 South Asian countries. These are -India, Nepal, Sri Lanka, Pakistan, Bhutan and Bangladesh. Involving community in forestry management was initiated first in Bangladesh in 1979 and reached as an effective co-management approach through a several paradigm shifts. This idea of Comanagement has been institutionalized through a Government Order (GO) by the Ministry of Environment and Forests, Government of Bangladesh on November 23, 2009. This GO clearly defines the structure and functions of Co-management and its different bodies. Bangladesh Forest Department has been working in association with community to conserve and manage the Forests and Protected areas of Bangladesh following this legal document. Demographically young people constitute the largest segment of population in Bangladesh. This group, if properly sensitized, can produce valuable impacts on the conservation initiatives, both by community and government. This study traced the major factors that motivate community youths to work effectively with different tiers of comanagement organizations in conservation of forests and Protected Areas of Bangladesh. For the purpose of this study, 3 FGDs were conducted with 30 youths from the community living around the Protected Areas of Cox’s bazar, South East corner of Bangladesh, who are actively involved in Co-management organizations. KII were conducted with 5 key officials of Forest Department stationed at Cox’s Bazar. 2 FGDs were conducted with the representatives of 7 Co-management organizations working in Cox’s Bazar region and approaches of different community outreach activities conducted for forest conservation by 3 private organizations and Projects have been reviewed. Also secondary literatures were reviewed for the history and evolution of Co-management in Bangladesh and six South Asian countries. This study found that innovative community outreach activities that are financed by public and private sectors involving youths and community as a whole have played a pivotal role in conservation of forests and Protected Areas of the region. This approach can be replicated in other regions of Bangladesh as well as other countries of South Asia where Co-Management exists in practice.