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Article
Publication date: 30 January 2024

Ghansham Anand, Dita Elvia Kusuma Putri and Tristania Faisa Adam

This paper aims to analyze the legal framework of land degradation in Asia and provide market shared liability as a new theory to solve a problem regarding the difficulty for…

Abstract

Purpose

This paper aims to analyze the legal framework of land degradation in Asia and provide market shared liability as a new theory to solve a problem regarding the difficulty for judges to determine the percentage of compensation for corporations responsible for land degradation. This paper aims also presents a theory to solve the problem of the vacuum of legal responsibility theory, which can make corporations proportionally responsible in terms of causing land degradation.

Design/methodology/approach

This was done through legal research methods, mainly with systematical interpretation. The approach used in this paper is conceptual, statute and comparative approach.

Findings

By analyzing the related legal norms, it can be understood that in Asian countries, such as Indonesia, Thailand and Malaysia, there are regulations regarding land degradation. However, the regulations in these countries are not specific and tend to focus on nature conservation, which has an impact on handling land degradation. Therefore, it needs special regulation to deal with land degradation. One of the things that need to be regulated about land degradation is a market shared liability.

Research limitations/implications

This research is limited to regulation in the Asia region. By analyzing the regulation, this paper will provide an analysis about the land degradation regulation mechanism in Asia and give an analysis about market shared liability as one of the solution to handling land degradation. Having the same ground rules will create synergies between countries in Asia to handle land degradation.

Originality/value

This paper is the first systematic legal research comparing regulations from three nations in Asia on land degradation and the first paper to provide market shared liability as a solution to handling land degradation.

Details

Journal of Property, Planning and Environmental Law, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 30 September 2022

Sefriani Sefriani and Nur Gemilang Mahardhika

The Covid-19 pandemic has persisted for almost three years. States have since then enforced laws, policies and measures believed to be the most effective to handle the global…

Abstract

Purpose

The Covid-19 pandemic has persisted for almost three years. States have since then enforced laws, policies and measures believed to be the most effective to handle the global pandemic. Along this line, the Indonesian Government opted to implement mandatory vaccination and refusal of which entails monetary penalties. Hence, this study aims to analyze two legal issues that touch upon the realm of International Human Rights Law: first, whether state has the authority to implement the said mandatory vaccine program to those who refuse to be vaccinated, and second, how is the more appropriate legal policy to obligate vaccination but without coercive sanction.

Design/methodology/approach

This is a normative legal research that uses a qualitative method with case studies, conceptual, historical and comparative approaches. A descriptive-analytical deduction process was used in analyzing the issue.

Findings

The results present, as part of state’s right to regulate, it has the authority to enact mandatory vaccination with monetary penalties to fulfil its obligation to protect public health in times of emergency; this is legal and constitutional but only if it satisfies the requirements under the International Human Rights Law: public health necessity, reasonableness, proportionality and harm avoidance. Alternatively, herd immunity is achievable without deploying unnecessary coercive sanctions, such as improving public channels of communication and information, adopting legal policies that incentivize people’s compliance like exclusion from public services, subsidies revocation, employment restrictions, higher health insurance premiums, etc.

Research limitations/implications

This study analyzes in depth the following issues: of whether the government has the authority to apply mandatory vaccination laws enforced through monetary penalties for those who refused to be vaccinated and how does the government implement the appropriate legal policy to enforce mandatory vaccination without imposing penalties for non-compliance while maintaining a balance between the interests of protecting public health and the human rights of individuals to choose medical treatment for themselves, including whether they are willing to be vaccinated. Hence, the political affairs, economic matters and other non-legal related issues are excluded from this study.

Originality/value

This paper hence offers a suggestive insight for state in formulating a policy relating to the mandatory vaccination program. Although the monetary penalties do not directly violate the rule of law, a more non-coercive approach to the society would be more favorable.

Details

International Journal of Human Rights in Healthcare, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2056-4902

Keywords

Article
Publication date: 5 April 2024

Jorge Alejandro Silva

The purpose is to conduct a systematic review of circular water management and its role in improving water availability amid increased demand and decreased supply.

Abstract

Purpose

The purpose is to conduct a systematic review of circular water management and its role in improving water availability amid increased demand and decreased supply.

Design/methodology/approach

A systematic literature review was implemented, which helped in the identification, selection and critical appraisal of the various research to answer the research question. It was guided by the Preferred Reporting Items for Systematic Reviews (PRISMA) statement. The review was conducted mainly on Web of Science and Scopus databases between November 20 and December 8, 2022, with search strategies involving free-text searching, phrase searching, truncation and Boolean operators.

Findings

The search process yielded 46 articles exploring circular water management. The findings reveal that circular water management offers more promise than linear or business-as-usual approaches. There are various circular water management models, although most of them emphasize a shift from the “take, make, consume and waste” principles. Contrarily, the success of the circular water management framework hinges on its ability to embrace resilience based on changing environmental conditions. Furthermore, the model focuses on improving inclusiveness with various stakeholders working together to improve water management.

Originality/value

The research is the first of its kind as it identifies a critical gap, the imperative need to develop a universal framework that can significantly advance the comprehension of circular water management.

Details

Management of Environmental Quality: An International Journal, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1477-7835

Keywords

Article
Publication date: 24 April 2024

Jiayi Sun

This study aims to investigate the most effective approach for governments and enterprises to combat desertification by considering the governance cycle. The focus is on…

Abstract

Purpose

This study aims to investigate the most effective approach for governments and enterprises to combat desertification by considering the governance cycle. The focus is on understanding how the government can incentivize enterprises to actively engage in desertification combat efforts.

Design/methodology/approach

Both the government and the enterprise are treated as rational entities, making strategic choices for joint participation in combating desertification. Recognizing the dynamic nature of the desertification combat area, differential game models are employed to identify the optimal mode for combating desertification.

Findings

The findings underscore the significant influence of the governance cycle duration on the selection of desertification combat modes for government and enterprise. A cooperative mode is best suited to a short governance cycle, while an ecological subsidy mode is optimal for a longer cycle. Enhancing governance technology and shortening the governance cycle are conducive to combating desertification. Reducing taxes alone may not be an effective control strategy; rather, the government can better motivate enterprises by adopting tax rate policies aligned with the chosen governance mode.

Originality/value

This research contributes by elucidating the impact mechanism of the government cycle’s length on the desertification combat process. The results may offer valuable insights for governments in formulating strategies to encourage corporate participation in combating desertification and provide theoretical support for selecting optimal desertification combat modes.

Details

Kybernetes, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 0368-492X

Keywords

Article
Publication date: 10 January 2024

Tony Yan and Michael R. Hyman

The purpose of this paper is to provide a critical historical analysis of the business (mis)behaviors and influencing factors that discourage enduring cooperation between…

Abstract

Purpose

The purpose of this paper is to provide a critical historical analysis of the business (mis)behaviors and influencing factors that discourage enduring cooperation between principals and agents, to introduce strategies that embrace the social values, economic motivation and institutional designs historically adopted to curtail dishonest acts in international business and to inform an improved principal–agent theory that reflects principal–agent reciprocity as shaped by social, political, cultural, economic, strategic and ideological forces

Design/methodology/approach

The critical historical research method is used to analyze Chinese compradors and the foreign companies they served in pre-1949 China.

Findings

Business practitioners can extend orthodox principal–agent theory by scrutinizing the complex interactions between local agents and foreign companies. Instead of agents pursuing their economic interests exclusively, as posited by principal–agent theory, they also may pursue principal-shared interests (as suggested by stewardship theory) because of social norms and cultural values that can affect business-related choices and the social bonds built between principals and agents.

Research limitations/implications

The behaviors of compradors and foreign companies in pre-1949 China suggest international business practices for shaping social bonds between principals and agents and foreign principals’ creative efforts to enhance shared interests with local agents.

Practical implications

Understanding principal–agent theory’s limitations can help international management scholars and practitioners mitigate transaction partners’ dishonest acts.

Originality/value

A critical historical analysis of intermediary businesspeople’s (mis)behavior in pre-1949 (1840–1949) China can inform the generalizability of principal–agent theory and contemporary business strategies for minimizing agents’ dishonest acts.

Details

Journal of Management History, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1751-1348

Keywords

Open Access
Article
Publication date: 9 April 2024

Celia López-Bravo and José Peral López

Faced with the growing need to find new viable water supply models for urban areas, this article studies and maps the strategies and identifies the key criteria of sustainable…

Abstract

Purpose

Faced with the growing need to find new viable water supply models for urban areas, this article studies and maps the strategies and identifies the key criteria of sustainable development present in pioneering water supply systems in the medieval period. The main aim is to determine which of its innovative principles could be applied in present-day cities.

Design/methodology/approach

From a methodological perspective, two types of cases were established, such as water supply models for human consumption and pre-industrial hydraulic systems, all of which are located in Italy. For the first group, the cases of Venice and Siena were analysed, while for the second, in the context of the cities along the Aemilian Way, the case of Bologna was selected.

Findings

Five key criteria resulted from the analysis of the cases: exploitation, self-sufficiency, maintenance, rationalisation and reuse. The said concepts were defined and contextualised within the framework of the Sustainable Development Goals.

Originality/value

The Middle Ages were a historic moment in technological reinvention, before the development of modern systems of sanitation. With very limited resources, these traditional systems focused on rational use and deep cultural and geographical knowledge. This is why its recognition is of great importance today, in a time full of instabilities, with a view to the work that needs to be done for the development of more sustainable communities.

Details

Journal of Cultural Heritage Management and Sustainable Development, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2044-1266

Keywords

Article
Publication date: 11 December 2023

Nanik Trihastuti, Pulung Widhi H. Hananto, Adya Paramita Prabandari, Salawati Mat Basir, Aditya Agung Pratama and Efrema Ardratya Prakasita Puteri

The purpose of this paper is to explore the problem of land degradation as a category of environmental terrorism, which has been increasing along with the rise of open pit mining…

Abstract

Purpose

The purpose of this paper is to explore the problem of land degradation as a category of environmental terrorism, which has been increasing along with the rise of open pit mining and oil palm plantation activities.

Design/methodology/approach

This study uses a doctrinal approach that aims to find the best solution to address the problem of land degradation and environmental terrorism activities in Indonesia through a comparative legal study conducted with the handling of similar cases in Malaysia, which has almost the same character as Indonesia.

Findings

This paper finds that both Indonesia and Malaysia have enacted laws and regulations to address environmental concerns. However, it turns out that relying only on law enforcement is not an optimal solution. Addressing the problem of land degradation would also require the implementation of sustainable development practices, public awareness and cooperative dialogue.

Originality/value

This paper provides a new approach to answer the inclusion of environmental degradation as environmental terrorism, which should also be considered a crime against humanity.

Details

Journal of Property, Planning and Environmental Law, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2514-9407

Keywords

Article
Publication date: 9 August 2023

Rabi Narayan Mohanty and Ashaprava Mohanta

The infill design approach for heritage settings is a challenging task, and it draws the attention of design professionals and residents. The extant literature has advocated for a…

Abstract

Purpose

The infill design approach for heritage settings is a challenging task, and it draws the attention of design professionals and residents. The extant literature has advocated for a contextual design approach for new buildings in heritage sites. However, the degree of contextualism for a new building in heritage sites is subjective, and it varies between exact replication and contrast scales. This study aims to evaluate an appropriate design approach for historic precincts of Odisha, an eastern state of India.

Design/methodology/approach

Two prime eastern heritage sites (Puri and Ekamra Kshetra) are selected as cases in this study. This research methodology involves identifying key architectural elements from both sites and a questionnaire (prepared by design experts) based on interviewing 400 residents and 36 design professionals on their aesthetic preferences for the different architectural styles and elements. The questionnaire was prepared by the design experts based on the identified architectural styles and elements of both sites. Descriptive statistics and correlation analysis are used to measure the significance of design approaches and elements.

Findings

This study's outcome confirms that most of the respondents (design professionals and residents) prefer the replication design approach with traditional architectural elements of Odisha. Also, documentation of the chronological development of architectural styles and elements of heritage sites of Odisha is done in this research.

Research limitations/implications

This study has a few limitations: first, the land use characters (mixed, residential, commercial, etc.) of buildings in the heritage precinct are not considered in this research; second, this research has not included the financial aspect of infill design and last, the impact of respondents' socioeconomic factors on their aesthetic perceptions is not considered in this research.

Practical implications

The development authorities can use the outcomes of this research to implement a design strategy for infill buildings in the historical sites of Odisha.

Social implications

This research article has documented traditional architectural elements of two prime heritage sites of India.

Originality/value

To date, no quantitative research has been done on infill design approaches in any Indian heritage precincts. This is the first quantitative research on the perception of stakeholders and users on the infill design in historical settings of Eastern India. This research has identified key architectural styles, elements and materials of the heritage sites.

Details

Journal of Cultural Heritage Management and Sustainable Development, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2044-1266

Keywords

Article
Publication date: 8 December 2022

Abdul-Jalil Ma-Azu, Awal Abdul-Rahaman, Abraham Zakaria and Clement Yaw Lamptey

This study examines the drivers of marketing channel participation amongst smallholder rice farmers in the northern region of Ghana.

Abstract

Purpose

This study examines the drivers of marketing channel participation amongst smallholder rice farmers in the northern region of Ghana.

Design/methodology/approach

Using a sample of 397 smallholder rice farmers drawn from a multistage sampling procedure, the study employed multivariate probit (MVP) model in the empirical estimations. In this context, the model assumes that a rice farmer should at least participate in one market channel.

Findings

The study reveals that the wholesaler market channel is the most commonly used channel among farmers, followed by the aggregator channel. However, the processor market channel is the least patronized one in the study area. The results also show statistically significant correlation coefficients in four out of the six possible combinations, implying that market channel participation among smallholder farmers is not mutually exclusive. Rice market channel participation is positively and significantly influenced by age, gender, household headship, access to credit, extension service, irrigation, improved seed and access to price information.

Research limitations/implications

This study is limited in extending the analysis to include the impact of market channels on some outcome measures. This is due to data limitation.

Originality/value

The findings of this study add to the growing literature on smallholder market channel participation in Ghana.

Details

Journal of Agribusiness in Developing and Emerging Economies, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2044-0839

Keywords

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