International Nature Research Articles

What is a land grab? Exploring green grabs, conservation, and private protected areas in southern Chile

Discussions of land grabs for various purposes, including environmental ends, have expanded in recent years, yet land grabbing remains inconsistently defined and poorly understood. Our ability to assess the extent to which land grabs are occurring, and to identify the mixture of factors driving land and resource acquisition, is limited. This paper assesses whether a land grab for conservation is happening in southern Chile, and identifies the various driving forces that combine to drive land acquisitions in the region, based on a detailed exploration of the recent massive growth in privately owned protected areas in the region. This paper finds that the various dominant definitions of land grabs each apply only partially to southern Chile, that land grabs for conservation need to be understood as the latest stage in a longer process by which the region's natural resources are incorporated into the Chilean and the global economy, and that green grabs interact in various ways with broader resource grabs, particularly for forestry and hydroelectricity. This case study demonstrates the limitations of some definitions of land grabs, particularly their focus on capitalist accumulation within land grabs, their international nature and their emphasis on legal processes.

Dodd Frank Act and the Brazilian Capital Market Extraterritorial Effects of Regulation to the Over-the-Counter Derivatives Market

This paper aims to describe the chief alterations proposed by the Dodd Frank Act to the American over-the-counter derivatives market and, at the same time, understand the extraterritorial reach of this law compared to the regulatory framework of the Brazilian derivative market. In order to do so, I will study the extraterritorial effects of the law, particularly in reference to the international nature of Title II of the Dodd Frank, which deals with the over-the-counter derivatives, in order to evaluate its reach to foreign markets, especially the Brazilian market.

Diagnosing the dangerous demography of manta rays using life history theory.

Background. The directed harvest and global trade in the gill plates of mantas, and devil rays, has led to increased fishing pressure and steep population declines in some locations. The slow life history, particularly of the manta rays, is cited as a key reason why such species have little capacity to withstand directed fisheries. Here, we place their life history and demography within the context of other sharks and rays.Methods. Despite the limited availability of data, we use life history theory and comparative analysis to estimate the intrinsic risk of extinction (as indexed by the maximum intrinsic rate of population increase rmax) for a typical generic manta ray using a variant of the classic Euler–Lotka demographic model. This model requires only three traits to calculate the maximum intrinsic population growth rate rmax: von Bertalanffy growth rate, annual pup production and age at maturity. To account for the uncertainty in life history parameters, we created plausible parameter ranges and propagate these uncertainties through the model to calculate a distribution of the plausible range of rmax values.Results. The maximum population growth rate rmax of manta ray is most sensitive to the length of the reproductive cycle, and the median rmax of 0.116 year−1 95th percentile [0.089–0.139] is one of the lowest known of the 106 sharks and rays for which we have comparable demographic information.Discussion. In common with other unprotected, unmanaged, high-value large-bodied sharks and rays the combination of very low population growth rates of manta rays, combined with the high value of their gill rakers and the international nature of trade, is highly likely to lead to rapid depletion and potential local extinction unless a rapid conservation management response occurs worldwide. Furthermore, we show that it is possible to derive important insights into the demography extinction risk of data-poor species using well-established life history theory.

A comparative overview of the (sometimes uneasy) relationship between digital information and certain legal fields in South Africa and Uganda

The present article focuses on the (sometimes problematic) relationship between digital information and certain legal fields. Most legal rules developed long before the arrival of the computer and the digital telephone, and these rules are now under considerable strain to adapt. Digital information is rapidly becoming one of the 21 st Century’s most valuable assets. This raises the question as to whether or not the law is able to adequately protect this phenomenon against the many attacks being launched against it. The present article analyses certain legal fields in this regard, namely privacy, criminal law, and the law of evidence. The world seems suddenly to have woken up to the fact that digital technology might be a mixed blessing, especially as is shown by certain recent incidents relating to privacy in the USA. In order to obtain an “Africa perspective” the legal situation in South Africa is compared to that in Uganda (East Africa) against a background of multilateral treaties that might apply in this regard. An important point to keep in mind while weighing up legal interests is whether the State may attempt to be both neutral umpire (by means of its judicial power) as well as one of the players who want to win (as the executive power, when government information is at stake). A number of recent incidents in which the United States government has been involved seem to indicate that this attempt to sit on two stools at the same time is likely to diminish respect for the government (and its regulatory efforts) amongst the general population. A specific problem with enforcement consists of the international nature of infringements. The Internet knows no borders and this factor suggests that effective international co-operation is an essential prerequisite for the law to function adequately in an international context. The concluding of International treaties between groupings of countries is put forward as perhaps the most effective solution in this regard.

Language Problem in African Philosophy: The Igala Case

The Language Question is a very central subject of discourse in African Philosophy. This is consequent upon the fact that the essence of language in philosophy cannot be gainsaid. Language, as it were, is culture bound. As such, to deny a people of their language is to deny them their cultural heritage. While applying the descriptive and analytic method in this work, it is contended that language plays not only a catalyzing role in the art of philosophizing but that it occupies an inalienable place in philosophy. Again, that since philosophy is more or less about resolving “conceptual cramps” or “bottle-necks”, indigenous languages should be given a pride of place over and against their foreign counterparts because of the obvious epistemological advantages embedded therein (especially in mother-tongues). It is submitted here that a lot of homework need to be done in terms of advocacy and development on the low status of such languages so as to meet up with the international standard and nature of the discipline. Meanwhile, the need for using a language that engenders understanding across ethnic barriers alongside the language of the environment is being advocated as a short-term measure. This is not without sounding a caveat that such a transfer of knowledge which is often fraught with some degree of adulteration via the instrument of translation, though practicable, is far from being the ideal. It is on this token the opinions of experts such as Barry Hallen, Quine and a host of others on Methods of Ordinary Language Philosophy and Indeterminacy, respectively are being advanced as plausible means of meeting the challenges before us. In this manner, while using the Igala language of Central Nigeria as a case study, it is finally submitted that it is possible to have what we might term authentic African Philosophy emerging from a systematic analysis of our traditional worldviews. DOI: 10.5901/jesr.2014.v4n3p363

Note from the Editors

We are pleased to present to our readers our first issue as the editors of Journal of International Special Needs Education (JISNE) as the journal begins its seventeenth year. We hope to continue the great tradition of high quality that was maintained under the scholarly and wise editorship of Dr. Thomas P. Gumpel for the past seven years. Under Tom's leadership, JISNE has grown significantly. The quantity and quality of submissions to the journal have greatly increased from within and outside of the U.S.A., underlining the international nature of the journal. Additionally, the journal moved to become an e-journal since Fall 2013. It has been a great pleasure and a learning experience for both of us to work with Tom as Associate Editors during the past year. We thank Tom for his enthusiastic stewardship of the Council for Exceptional Children-Division of International Special Education and Services' flagship journal, and wish him all success in his future endeavors.We are also pleased to welcome the new and returning Editorial Board members. JISNE follows the double-blind peer review process whereby the reviewers and the authors are unaware of each other's identity. We rely on the Editorial Board members and Field Reviewers for their service in validating the information that is contained in the manuscript and commenting on its quality. The constructive feedback from reviewers helps the authors to improve their manuscripts to make them more relevant for JISNE's diverse readership.We believe this special issue of JISNE, devoted to the United Nations Convention on the Rights of Persons with Disability would be of great interest to the readers. Three of the four articles presented in this special issue cover topics related to the CRPD reflecting different perspectives. We are thankful to Tom for initiating this issue.Winzer and Mazurek's article addresses the genealogy of the CRPD, and the authors argue that the CRPD is both a human rights treaty and a development tool. Schooling is enshrouded as a rights-based case, and inclusive education is viewed as a development tool.Kauffman and Badar argue that instruction, not inclusion, should be the central issue in special education. Anything other than instruction undercuts the legal and moral rights of students with disabilities to an appropriate education and fails to produce substantive social justice.Kanter, Damiani, and Ferri emphasize the importance of Article 24 of the CRPD to ensure an inclusive education system at all levels. The authors then discuss the role of inclusive education in Italy, which has long been regarded as a leader in the field of inclusive education.Argyropoulos and colleagues highlight the framework and discuss the results of an action research project which aimed to facilitate the adoption of assistive technology devices and specialized software by teachers of students with visual impairment.We would like to thank the authors for their thought provoking articles, and our reviewers for their contribution to a high-quality issue. We hope you will find these articles interesting and informative to read. Finally yet importantly, we encourage potential authors to continue to submit their original research, research syntheses, multi-case country studies, and evidence-based policy analyses to JISNE. Do check out our revised author and reviewer guidelines at http://www.jisne.org/.—Rashida Banerjee & Dimitris AnastasiouEditors

The European tributary states of the Ottoman Empire in the sixteenth and seventeenth centuries

GABOR KARMAN and LOVRO KUNCEVIC, eds., European Tributary States of Ottoman Empire in Sixteenth and Seventeenth Centuries (Leiden and Boston: Brill, 2013). Ottoman Empire and its Heritage: Politics, Society and Economy. Pp. 450. £ 146.00 cloth.This volume is fruit of a conference held in 2009 at Dubrovnik, with additional essays included by invitation. It reflects increasingly international nature of scholarship on Ottoman Empire and offers fresh insights into character of Ottoman rule, going beyond nationalist historiography of past and tendency today to view this history anachronistically. It is divided into four sections: The Legal Status of Ottoman Tributaries, The Diplomacy of Tributary States in Ottoman System, Military Cooperation between Ottoman Empire and its Tributaries, and a section of synthesis, Instead of a Conclusion: On 'Compositeness' of Empire.The editors frame argument of book from outset (1-2): theirs is a re-assessment of history of empire itself, with an emphasis on its composite state character, a re-evaluation of its activities, and identification of its inner logic of empire-building. shift of perspective from one focused on 'Ottoman yoke' to 'Pax Ottomanica'-or, rather, an emphasis on negotiation between imperial and local perspectives-has resulted in a more nuanced understanding of history of Ottoman-dominated Europe.Five essays comprise first section; they concern Wallachia and Moldavia, Crimea, Transylvania, Ragusan Republic, and Cossack Ukraine. In common with other papers in this collection, all make use of both Ottoman and European sources, and all make point that understanding these regions in sixteenth and seventeenth centuries can be undermined by anachronism, particularly in use of legal terms whose meaning changed dramatically over time. Thus, Viorel Panaite writes, in regard to Wallachia and Moldavia, that the notion of 'autonomy' was a creation of modern historians and jurists... (20). His argument is stated succinctly: With Islamic Ottoman terminology in mind, and in order to avoid confusion caused by using Western concepts in melange with Islamic notions, I prefer to group diverse historical and juridical terminology under a single idiom, i.e., tributaryprotected provinces (principalities), to define legal and political status of Wallachia and (32; emphasis in original).Three essays comprise second section, concerning tributary states in seventeenth century, relations between Ottomans and Republic of Dubrovnik, and military revolts against Ottoman power in Moldavia and Wallachia in sixteenth and seventeenth centuries. It is noteworthy that although Ottomans formally had suzerainty over Dubrovnik, they permitted Dubrovnik merchants to ride horses, indicating that much of shifting relationships between Ottomans and those who paid taxes to them were determined in a pragmatic, one-time fashion, not by rigid formulas and anangements more familiar to contemporary readers. …

President's page

EDITOR'S SUMMARYAs Association president, Harry Bruce has had numerous conversations on the international and interdisciplinary nature of the information field. The absence of clear intellectual boundaries is a cause for celebration, stimulating collaborations with those in allied fields in pursuit of deeper understanding of shared problems. Collaboration offers opportunities to view challenges from different perspectives and with different skill sets, research methods and theoretical orientations. Such collaboration is already taking place in many research and professional settings and is sure to be expanded through the Association's international reach and European location for its 2016 Annual Meeting. Important developments for the Association include the headquarters move in February 2014 and progress on a website redesign, social media initiative and revised investment strategy.

Israeli nurse practice environment characteristics, retention, and job satisfaction

BackgroundThere is an international nursing shortage. Improving the practice environment has been shown to be a successful strategy against this phenomenon, as the practice environment is associated with retention and job satisfaction. The Israeli nurse practice environment has not been measured. The purpose of this study was to measure practice environment characteristics, retention and job satisfaction and to evaluate the association between these variables.MethodsA demographic questionnaire, the Practice Environment Scale, and a Job Satisfaction Questionnaire were administered to Israeli acute and intensive care nurses working in 7 hospitals across the country. Retention was measured by intent to leave the organization and work experience. A convenience sample of registered nurses was obtained using a bi-phasic, stratified, cluster design. Data were collected based on the preferences of each unit, either distribution during various shifts or at staff meetings; or via staff mailboxes. Descriptive statistics were used to describe the sample and results of the questionnaires. Pearson Product Moment Correlations were used to determine significant associations among the variables. A multiple regression model was designed where the criterion variable was the practice environment. Analyses of variance determined differences between groups on nurse practice environment characteristics.Results610 nurses reported moderate levels of practice environment characteristics, where the lowest scoring characteristic was ‘appropriate staffing and resources’. Approximately 9% of the sample reported their intention to leave and the level of job satisfaction was high. A statistically significant, negative, weak correlation was found between intention to leave and practice environment characteristics, with a moderate correlation between job satisfaction and practice environment characteristics. ‘Appropriate staffing and resources’ was the only characteristic found to be statistically different based on hospital size and geographic region.ConclusionsThis study supports the international nature of the vicious cycle that includes a poor quality practice environment, decreased job satisfaction and low nurse retention. Despite the extreme nursing shortage in Israel, perceptions of the practice environment were similar to other countries. Policy makers and hospital managers should address the practice environment, in order to improve job satisfaction and increase retention.

Back to Lotus? A Recent Decision by the Supreme Court of India on an Incident of Navigation in the Contiguous Zone

Abstract This article stems from a recent decision of the Indian Supreme Court concerning whether the criminal courts of the Indian State of Kerala have jurisdiction over two Italian marines accused of killing two Indian fishermen. The analysis is critical of the Court’s reasoning and findings over the two main defences raised by the accused: namely, the lack of jurisdiction of the coastal state on the basis of the law of the sea and in relation to the customary rule on the jurisdictional immunity of military personnel for acts carried out in their line of duty. Finally, this study also critically examines the operational decision of the Indian Supreme Court in providing for the establishment of a specific domestic court deemed competent to entertain its jurisdiction over the cause in view of its international nature.

A new era of collaboration for primary care and psychiatry.

A new era of collaboration for primary care and psychiatry.

Electronic evidence: A proposal to reform the presumption of reliability and hearsay

There is a general concern amongst judges, lawyers and legal scholars that evidence in digital format is not to be trusted, given that it can be altered and manipulated with ease. Some jurists have called for a UN Convention on matters relating to the authentication and admissibility of electronic evidence. It is debatable whether such a Convention is necessary, but guidance of an international nature might be welcome, providing that any such guidance remains guidance, and does not ossify into legal requirements that fail to take into account the dynamic and constantly developing changes in information technology. In any event, the accuracy of the presumption in England & Wales that a computer is in order at the material time is highly debatable, and it is suggested that this presumption ought to be reformed.

Returning Jihadist Foreign Fighters

Since the first reports detailing the presence of foreigner participating in the Syrian civil war in September 2011, the number of foreign fighters has increased exponentially. Especially European policymakers are worried about the potential threat posed by the presence of hundreds of European foreign fighters in Syria and the possibility that some of them could return to stage an attack. This article examines the challenges European policymakers face when addressing the foreign fighter phenomenon in general, and that of returnees in particular. The article first discusses the complexity of the (potential) threat posed by those that return from the fight in Syria. Next, it outlines the need for and challenge of providing an accurate threat assessment. The authors then present a number of recent ideas and proposals on how to deal with the phenomenon of foreign fighters in Europe. These proposals highlight the need for a mixed or comprehensive approach, which is sensible given the complexity as well as the multidimensional and international nature of the threat. However, it also poses an additional challenge to policymakers pertaining to the implementation of such an approach. This governance challenge is discussed by investigating the possible roles of various actors when dealing with returnees. Based on these findings, the concluding part presents a number of policy recommendations.

International and European Law on Protected Areas and Climate Change: Need for Adaptation or Implementation?

The protection and management of protected areas must be adapted to the effects of climate change. An important question is if the law on protected areas is capable of dealing with the required changes. In general, both international nature conventions and European Union nature conservation law do not contain any specific provisions on climate change and protected areas. Attention has been paid to this link in non-binding decisions and policy documents. In order to adapt the law to increased dynamics from climate change, more flexibility is needed. This flexibility should not be understood as "legal" flexibility, in the sense of the weakening nature conservation provisions. Scientific uncertainties on the effects of climate change might conflict with the need for legal certainties. In order to adapt to the effects of climate change, the two crucial elements are the strengthening of core protected areas and connectivity between the core areas. At the international level, both elements can be found in non-binding documents. International law enables the required adaptation; however, it often lacks concrete obligations. A stronger legal framework can be found at the level of the European Union. The Birds and Habitats Directives contain sufficient tools to deal with the effects of climate change. The Directives have been insufficiently implemented so far. Especially the central goals of reaching a favorable conservation status and connectivity measures need to be addressed much more in the future.

Geopolitical Determinants of Macedonia as Part of the Balkan Instability

Geopolitics is a relatively new scientific discipline that studies the relationship between the geographical and historical factors influencing the formation and functioning of the states (centres of power). The aim of this paper is to present geopolitical and geostrategic determinants of Macedonia. The author examines the question: Does the territory of Macedonia have the character of destabilizing the political situation in the Balkans, by typing in the paradigm of Balkan instability? The author has relied on the analysis of the Balkan scientists, mostly Serbian and Greek. It is essential to mention: Andrej Mitrović, MiloljubSretenović, MilenkoTešić, Radovan Pavić, Slavoljub B. Šušić, Alexander Demajo and Greek balkanist – Dimitri Poulakos. The author depictsthe geopolitical significance of Macedonia throughout the ages, and geostrategic importance of Macedonia in order to conclude that contemporary Macedonia faces numerous problems of economic, ethnic, legal and international nature. However, it seems that the Albanian ethnic factor as well as bi‑ethnicity of Macedonia are the most unstable elements in the current geopolitical situation of this territory.

Editorial – 20 years with Journal of Avian Biology

Editorial – 20 years with Journal of Avian Biology

10.5937/zrpfns48-5715 = Convention on civil liability for damage resulting from activities dangerous to the environment

The Convention aims at ensuring adequate compensation for damage resulting from activities dangerous to the environment and also provides for means of prevention and reinstatement. It considers that the problems of adequate compensation for emissions released in one country causing damage in another country are also of an international nature. The system of the Convention is based on objective liability taking into account the 'polluter pays' principle. However, specific rules are provided concerning the fault of the victim, causation, joint liability of the operators of installations or sites for damage, and a compulsory financial security scheme to cover liability under the Convention.

Wildlife Damage Management: Changes over the Last 40 Years and a Look at the Future

Since becoming a wildlife biologist 40 years ago, I have seen many changes. Yet some things have remained the same, like the economic impact of wildlife damage, which was high in 1974 and even higher now. In 2014, the worldwide cost of damage by vertebrate pests to agriculture will exceed $1 billion. The world’s human population has increased at an unprecedented rate, while some wildlife populations have also burgeoned over the past 40 years due to land-use changes and effective management programs. These simultaneous human and wildlife population increases have led to increasing conflicts between humans and wildlife. Nor has the international nature of damage changed: vertebrate pest control remains vital for agricultural production everywhere. And some types of wildlife damage are unchanged, such as livestock predation, bird damage to agricultural crops, and rodent damage to crops and stored grains. What has changed over the last 40 years? I see increasing complexity in the types of problems, in the solutions, and in the political landscape under which we work. Damage problems have become more complex, with invasive species being transported around the world, and with zoonotic diseases associated with wildlife becoming more prevalent. Solutions to damage problems have also become more complex, as simpler solutions have already been employed; solutions being sought now are more scientifically difficult and require collaboration by wildlife biologists with an increasing number of other scientific disciplines, such as toxicologists, geneticists, and epidemiologists. And society itself has become more complex, demanding solutions that not only prevent damage, but that are environmentally sound and politically acceptable. What does the future bring? Human population growth will mean more wildlife damage issues. Greater travel and international shipping will bring an increase in invasive species, and global warming will bring an increase in zoonotic diseases. Solutions will need to be innovative and reflect the complexity of the problems.

国際的な自然保護区と住民―日本におけるラムサール条約の「ワイズユース」から考える―

This paper discusses the relationship between international nature reserves and local inhabitants through an examination of the wise use debate pertaining to Ramsar wetlands in Japan. Definitions of wise use are abstract, and only concretized through examples of best practice, which wetland stakeholders identify based on their own perceptions of wise use. Practices that existed before registration can be recognized as wise use after registration, thus affirming current practice, resulting in little change following registration, and leading to indifference. However, tourism is recognized as wise use and ecotourism is increasing, as is the tendency to connect registration to regional improvement. Yet when local residents pursue such strategies, there is the potential to deviate from the convention’s original intentions. Although this may render the extra-local logic of the convention meaningless, it may also help residents come to a consensus without contentious debate, thus affirming the relationship between residents and wetlands. The abstract ideals of the convention also inform local environmental education and thereby shape how residents understand their relationship to the wetlands.

Evaluation of the educational impact of a special study module on maritime medicine for medical undergraduate students

The hazardous occupation of seafaring brings many unique medical challenges. Despite its international nature, maritime medicine does not typically form a part of undergraduate medical studies. A unique and innovative, optional student-selected module (SSM) 'maritime medicine' was offered to medical students. A key objective was to develop students' attitudes to maritime medicine and increase their awareness of the discipline and its specialised nature. The aim of this study was to assess qualitatively and quantitatively the educational impact of the maritime medicine SSM and to improve the module content and design for future academic years. Students' perceived relevance and knowledge before and after the module was assessed using a Likert-based questionnaire. Comparison was made with controls in the post module100 multiple choice question (MCQ) paper. Qualitative feedback was obtained from semi-structured focus student discussion groups and the questionnaire's free comments section. A significant increase in perceived knowledge was seen between pre and post module p < 3.45 × 10-10, matched with the module students performing significantly better than controls in the end-of-module MCQ paper (p < 8.99 × 10-20). Qualitative analysis revealed 5 main themes: teaching methods, appreciation of non-academic instructors, appreciation of maritime medicine unique requirements, timetabling and enjoyment. This unique and innovative maritime medicine module harnessed local expertise and raised the awareness and profile of maritime medicine among undergraduate medical students. It was very well received and had a significant educational impact. Practical teaching methods were highly valued by students, with these areas also performing best in quantitative analysis.