Cultural Heritage Law Commons^™

Localizing Energy Independence: How Purpa And Community Power Legislation Can Drive Development Of Resilient And Reliable Local Clean Energy Projects, Lowell J. Chandler

Public Land & Resources Law Review

No abstract provided.

Science Under Assault - Reflections On "The War On The Epa: America's Endangered Environmental Protections", Sara A. Colangelo

Public Land & Resources Law Review

No abstract provided.

Bridges To A New Era: A Report On The Past, Present, And Potential Future Of Tribal Co-Managment On Federal Public Lands, Monte Mills, Martin Nie

Public Land & Resources Law Review

No abstract provided.

The Public Trust Doctrine Fifty Years After Sax And Some Thoughts On Its Future, Michael C. Blumm, Zachary A. Schwartz

Public Land & Resources Law Review

No abstract provided.

Climate Change, Competition & Conflict Along The River Nile: The Great Ethiopian Renaissance Dam & Shifting Customary International Water Law, Salma Shitia

Fordham Environmental Law Review

Decade-long negotiations between the Arab Republic of Egypt and the Federal Democratic Republic of Ethiopia surround the decision to build the hydroelectric power plant along the River Nile. For much of Ethiopia, the Grand Ethiopian Renaissance Dam represents a beacon of prosperity. For countless Egyptians, the structure embodies a potential catastrophe. Grounded in threats of displacement for Egyptian agricultural communities, some have compared the Grand Ethiopian Renaissance Dam crisis to disasters culminating in mass migration.

This battle for natural resource access has intensified as climate change exacerbates the region’s dire conditions. Specifically, exhaustible resource allocation amid climate change indicates that …

A Paper Tiger? Prosecutorial Regulators In China’S Civil Environmental Public Interest Litigations, Chunyan Ding, Huina Xiao

Fordham Environmental Law Review

In July 2015, China’s national legislature brought in prosecutor-led civil environmental public interest litigation (“EPIL”) for thirteen selected provincial areas of the country. After a two-year legal experiment, this prosecutor-led civil EPIL system was then established nationwide in July 2017. Yet, can it be said that prosecutorial regulators in China are in fact a paper tiger? Drawing upon content analysis of the 655 prosecutor-led civil EPILs and in-depth interviews with twelve frontline prosecutors and judges, this article examines the dynamics of regulatory practice and the motivation of the Chinese prosecutorial organs to engage in environmental regulation through litigation. Based upon …

The Yoga Analogy: Scaling-Up The U.S.’S Renewable Energy Sector Mindfully With New Technologies, Evolving Standards, Public Buy-In, Data Sharing, And Innovation Clusters, Kimberly E. Diamond

Fordham Environmental Law Review

This paper focuses on innovative renewable energy devices, exploring how scientifically-based industry standards that continuously evolve with engineering design technology, the public’s buy-in and feeling of connectedness with groundbreaking devices, and innovation clusters that accelerate device development through data sharing and public-private partnerships can all help advance the U.S.’s domestic renewable energy industry.

Part I analyzes challenges inherent to scaling- up novel renewable energy technologies while simultaneously developing the industry standards regulating them. Part II uses the Block Island Wind Farm, an offshore wind demonstration project, and Pavegen’s globally-deployed arrays of piezoelectric smart flooring tiles as examples illustrating the importance …

Environmental Racism: Using Environmental Planning To Lift People Out Of Poverty, And Re-Shape The Effects Of Climate Change & Pollution In Communities Of Color,, William C.C. Kemp-Neal

Fordham Environmental Law Review

In the mid-1900s the United States began to see a rise in concern for environmental awareness issues. In the early days the movement focused on things like clean air, water and pollution but by the 1970s-1990s many prominent environmental awareness groups began to form focused on the idea that in order to avert climate change the principal goal needed to be to reduce global greenhouse gas emissions. In 1987 a report was released called Toxic Waste and Race, which outlined an intimate link between the placement of environmental hazardous waste sites in communities of color, and greater instances of polluted …

Beyond Equity: Shared Natural Resources And Human Rights, Criminal Law, And The Use Of Force, Eian Katz

Fordham Environmental Law Review

Transboundary resource disputes are often analyzed by reference to two nebulous and conflicting principles that have emerged in international environmental law: “equitable and reasonable utilization” and “no significant harm.” Frequently overlooked in this context is the potential value of other canons of international law—especially human rights law, criminal law, and the rules governing the use of force—in adding definition to the muddled contours of these foundational precepts. This Article therefore undertakes an assessment of sovereign rights and obligations regarding shared natural resources which arise from these other bodies of law. In doing so, it offers new lenses through which to …

Squaring The Cercla: Superfund And The Superfund Task Force, Manny Marcos

Fordham Environmental Law Review

The Superfund Task Force recently released its final report on the implementation of its recommendations for improving the Superfund program. The Task Force was given five goals for improving the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA’s”), implementation. These goals are to expedite cleanup and remediation, re-invigorate responsible party cleanup and reuse, encourage foreign investment, promote redevelopment and community revitalization, and engage with partners and stakeholders. While the Task Force’s recommendations have improved CERCLA’s implementation, many of CERCLA’s structural flaws remain intact. Specifically, CERCLA still has a severe shortage of funding, an unfair liability scheme, perverse incentives, …

Signs Of Ghost Appearance In Short Stories In Bataviaasch Nieuwsblad (1936-1939): Semiotic Analisys, Rufaida Rufaida, Fajar Muhammad Nugraha

International Review of Humanities Studies

In 2018-2019 the production of the Indonesian ghost story is much in demand and favored, even in 2020 the ghost content on YouTube is still lively and salable in the Indonesian market. The existence of ghosts cannot be separated from the daily lives of Indonesians.The author is interested in exploring further how the signs of the emergence of a ghostly figure believed by the people in the colonial era. This study uses a descriptive qualitative method with an approach using the analysis of language semiotics from the perspective of Charles Sanders Peirce's semiotics theory. 5 ghost stories published by the …

Cultural Heritage Law Between Truth And Power: Law's Evolution And Our Collective Cultural Interest In An Informational Economy, Felicia Caponigri Jd, Phd

Notre Dame Law Review Reflection

Julie Cohen’s book, Between Truth and Power, analyzes our shift to an informational economy, the increasing presence of networked infrastructures that contest our traditional rule-of-law framework, and the important role transnational governance institutions play in this context. As subject-matter examples of the shift to an informational economy, Cohen spotlights labor, land, and money and inspires us to think about how tangible goods have become dematerialized and intangible and then reified again as information and how legal entitlements shape our complex interactions with these newly complex properties. Taking inspiration from Cohen’s spotlight on labor, land, and money, this Essay proposes …

Intangible Cultural Heritage: A Benefit To Climate-Displaced And Host Communities, Gül Aktürk, Martha B. Lerski

Publications and Research

Climate change is borderless, and its impacts are not shared equally by all communities. It causes an imbalance between people by creating a more desirable living environment for some societies while erasing settlements and shelters of some others. Due to floods, sea level rise, destructive storms, drought, and slow-onset factors such as salinization of water and soil, people lose their lands, homes, and natural resources. Catastrophic events force people to move voluntarily or involuntarily. The relocation of communities is a debatable climate adaptation measure which requires utmost care with human rights, ethics, and psychological well-being of individuals upon the issues …

Regional Disputation Between North Halmahera And West Halmahera Regencies, 2003-2010, Liliane Mojau

International Review of Humanities Studies

Ideally, the proliferation of the administrative region is aimed at improving the welfare of society. In reality, the proliferation of the administrative region often triggers the regional disputation. The regional disputation between the North Halmahera and the West Halmahera regencies is one of the cases that took a long time. There are six villages that contested in this regional disputation, namely Dum-Dum, Gamsungi/Akesahu, Akelamo Kao, Tetewang, Bobane Igo, and Pasir Putih. At first, the government of the North Halmahera and the West Halmahera regencies coordinated to settle their region boundaries. But it develops to the status issue of the six …

The Origin Of Beach Names In Tanjungsari: Toponymy Studies, Netiasa Adab, Frans Asisi Datang

International Review of Humanities Studies

This toponymy study discusses the origin names of beaches in Tanjungsari Subdistrict, Gunungkidul Regency, Yogyakarta which are spread in three villages, namely Kemadang, Ngestirejo, and Banjarejo. This research aims to documents the naming of beaches in the area and classifies the naming into three presuppositions meaning based on Nyström’s theory, which are categorical, associative, and emotive meaning. This study used a qualitative research method. Research data were collected by means of observation and interviews with Village Hall officials and the community. The results of this study can be used to add information that can be conveyed to tourists. The results …

Public History: An Effort To Increase Indonesian Historical Consciousness During Covid-19 Pandemi, Abdurakhman Abdurakhman, Syahidah Sumayyah Rahman

International Review of Humanities Studies

The writing of public history has become one of the methods of history that have developed and are in great demand. The difference between history in general and public history is the selection of groups that are used as research sources. Through this research, the author find that public history can be used as a way to raise historical consciousness in Indonesia. Historical Consciousness relates to thinking of ourself in time as historical beings and being aware of belonging to a specific group with a particular history and identity. The current global pandemic presents a challenge for historians. Documenting the …

Schizophrenic Auditory And Visual Hallucinations In The Poem “Du Pyeon-Eui Jugeum”, Nadira Istirahmah, Lovelyta Panggabean, Eva Latifah

International Review of Humanities Studies

Although the mental health issue is often brought up as an interesting discussion topic for these past few years, negative stigmas towards people with psychological disorders, especially schizophrenia, still exist within society. However, by expressing self-acceptance and innermost thoughts in her poetry, Choi Seung-Ja succeeded in breaking the stigmas and lived her life as a schizophrenic poet. Based on this fact, this research aims to unfold the meaning of the auditory and visual hallucinations shown in Choi Seung-Ja’s poem entitled “Du Pyeon-eui Jugeum” and to explain the motives behind the creation of the schizophrenic aspects. In order to achieve these …

Using Portfolio As A Source Of Information About Learning Process, Rifa Andhini, Sisilia Setiawati Halimi Dr.

International Review of Humanities Studies

Alternative assessments are said to be suitable for young language learners, but are rarely used by language teachers from all educational levels. One of the causes is teachers’ lack of knowledge regarding the best ways to utilize alternative assessments. This research explores how an English teacher for young learners can use portfolio, an alternative assessment, as a source of information about learning process. Data from journal entries and stimulated recall sessions that focus on the participant’s lesson plans were collected every week to reveal how portfolio was used, while initial and final interviews were done to reveal the participant’s perception …

French Neologisms In Larousse Dictionary Of 2018 And 2019, Amelia Wahyu Julisdianti, Danny Susanto

International Review of Humanities Studies

Larousse is one of the most important and widely used French-language dictionaries. Larousse dictionary annually releases its new edition with the addition of on average 150 new words due to the appearance of new words, known as the phenomenon of neologism. The aim of this study is to identify how new words or neologisms in the Larousse dictionary edition of 2018 and 2019 were formed using a morphological approach. The analysis essentially uses the combination of theories of Lehmann & Martin-Berthet (1999) and Grevisse, M., & Goosse, A. (2007) on four types of word formation: derivation, composition, siglaison (acronym), and …

Rural Poverty And Its Impact In Shen Congwen’S Short Story The Husband, Ekawati Tyas Wahyuningsih, Nurni Wahyu Wuryandari

International Review of Humanities Studies

Shen Congwen (1902-1988) is a modern Chinese author and poet who is known for his native-soil literature (xiangtu wenxue). The short story The Husband (Zhangfu, 1930) is one of his works in native-soil literature. It tells a story about the character “Husband” who lived as a peasant in the barren and poor Huang Village. Like other husbands in the village, he sent his wife to work in the city to improve the family finances. At the end of the story, the character “Husband” decided to take his wife home to the village after he witnessed firsthand the life in the …

The JāTakamāLā Reliefs Of Borobudur: Beneficial And Insightful Acts In Adverse Times, So Tju Shinta Lee

International Review of Humanities Studies

This study is aimed to examine seven selected allegories of Āryaśūra’s Jātakamālā engraved in Candi Borobudur, to analyze the multiple aspects of the six perfections (pāramitās) exemplified in them and how these perfections are applied in day-to-day life. The literature study involved data collection triangulation to determine the extant Jātakamālā and pāramitā texts closest to the sources. Content analysis on the Jātakamālā texts and observation of its corresponding reliefs were carried out to identify the message and substantial points of each allegory. Both the actions and the motivation driving the character to perform such actions are considered. Using thematic analysis, …

Working From Home: Women Between Public And Domestic Spheres After The Outbreak Of Covid-19, Mina Elfira, Bambang Wibawarta, Rouli Esther, Fandra Febriand

International Review of Humanities Studies

This study examines how working mothers negotiate her gender role and strategize in facing the condition when domestic and public sphere exist in one space called home after the outbreak COVID-19 pandemic in Indonesia. The research questions are ” how far does working from home give an impact in changing patriarchal gender relation and distribution of work division at home?”, and “to what extends women modify their home functions in coping with COVID 19 pandemic condition and in minimizing patriarchal authority at their own home?” The research uses qualitative methods, including in-depth interviews and questioner filling, and focuses on samples …

An Analysis On K-Pop Fandom Slang Word-Formation In The Drama ‘Her Private Life’, Shandina Megarani, Jelita Dini

International Review of Humanities Studies

Slang is a language that is used daily and continues to grow due to the development of social media among fan communities. Each fan community has used slang specific to their interests, one of them being the K-Pop fandom. Despite the international growth of the K-Pop fandom and the spread of its cultural influence over recent years, there has been a lack of discussion on the linguistic aspect of its community, on the slang generated and used by its fan community in particular. Therefore, this research aims to expound on how K-Pop fandom slang words found in the drama ‘Her …

The Aspects Of Kasampurnaning Urip In Lyrics Of Ingsun Song By Sujiwo Tejo, Halimah Ratna Rusyidah, Turita Indah Setyani

International Review of Humanities Studies

The perfection of life in Javanese society is an achievement when the personal life and God have become one. The concept is usually found in literary works that have a mystical aspect, such as a song called Ingsun by Sujiwo Tejo. For connoisseurs of the song ingsun, the song has a meaning of divinity. This study aims to describe the aspects of perfection in life contained in the lyrics of the song. The study used a qualitative method with interpretive analysis from the perspective of Javanese belief. Based on the discussion kasampurnaning urip or perfection of life in the lyrics …

Component Analysis At Fort Kedung Cowek Buildings In Surabaya, East Java: Observation On Panopticon Concept, Rafli Ahmad Giffari

International Review of Humanities Studies

The fortress in the 20th century has certain characteristics to match the war strategy that is applied at this time. In 1900 the Kustbatterij Kedoeng-Tjowek project or Kedung Cowek fortress was built as a coastal defense for the city of Surabaya by the Dutch colonial. This study aims to identify the function of each building contained in the Kedung Cowek fort military area using a component review by their availability and categorization. Based on the analysis results it is known that each building has a specific function related to the concept of panopticon to apply the value of surveillance in …

Meaning Deconstruction Of You’Ll Never Walk Alone And Glory Glory Man United, Kelvin Abednego Susanto, Lucia Lusi Ani Handayani

International Review of Humanities Studies

Nowadays, the soccer world has been developing rapidly, particularly in Europe. In one of its countries, England, there are two notable soccer clubs that are worth discussing. They are Liverpool Football Club and Manchester United Football Club. These clubs have a considerable number of fans among all around the world. Also, they have anthems that are often sung by the fans. Their anthems are “You’ll Never Walk Alone” and “Glory Glory Man United.” These anthems are important because they give impacts both on the teams and on the fans. This study specifically discusses the underlying meanings within both anthems. They …

A Refutation From Capitalism Toward Environmentalism’S Critics Related Environmental Problem, Riska Fara Farucha, Naupal Asnawi

International Review of Humanities Studies

From environmentalism’s perspective, there are four fundamental assumptions that make capitalism inconsistent with efforts to preserve the environment. First, unlimited growth in the capitalist system is contradicted with limited environmental conditions. Second, the basic principles of capitalism (individual freedom, self-interests, and free-market) are not compatible with efforts to preserve the environment. Third, capitalism has caused a "metabolic rift" between society and the ecosystem. Fourth, the tendency of capitalism that creates consumer society will produce massive pollution. This article is intended to refute these four environmentalism critics and also demonstrate the coherence of the theory of capitalism on environmental preservation. To …

Australian Foreign Policy Towards Indonesia Related East Timor 1975-1991, Ririn Qunuri, Didik Pradjoko Dr.

International Review of Humanities Studies

This article will explain Australia's attitudes and views on the East Timor issue which caused conflict with Indonesia. But on the other hand, Australia cannot ignore Indonesia's interests in East Timor. In 1978, Australia recognized East Timor "de facto" as part of Indonesia. Then, the question arises why Australia supports the integration of East Timor with Indonesia. What are the underlying interests. The Timor Gap Treaty was ratified on 11 December 1989, strengthening Indonesia's position with Australia. Indonesia is considered more accommodating when compared to Portugal in the matter of maritime boundaries in the Timor Sea region. Indonesia is the …

Political Rhetoric Related To Immigration In The 2017 French Presidential Campaign, Siti Aisyah, Airin Miranda

International Review of Humanities Studies

This article discusses the political rhetoric regarding immigration and the presence of immigrants declared by the French presidential candidates in the 2017 French presidential election. The issue of immigration is one of the most important aspects of French domestic and foreign policy. The purpose of this study is to determine the perceptions and acceptance of immigrants from the 2017 French presidential candidates, and their impact on the French public. The theory used in this research is Norman Fairclough's three-dimensional models, namely the microstructural, mesostructural, and macrostructural dimensions. The data taken is the first source in the form of newspapers, online …

Preview—Yellen V. Confederated Tribes Of The Chehalis Reservation: Whether Alaska Native Corporations Are Eligible For Cares Act Relief Payments, Allison Barnwell

Public Land & Resources Law Review

The Supreme Court of the United States will hear oral arguments in this matter on Monday, April 19, 2021, telephonically, at 10 a.m. Solicitor General Elizabeth B. Prelogar will likely argue for the United States Department of Treasury. Paul D. Clement will likely appear for the Petitioner Alaska Native Village Corporation Association. Riyaz A. Kanji will likely argue for the Confederated Tribes of the Chehalis, and Jeffrey S. Rasmussen will likely appear for the Ute Indian Tribe of the Uintah and Ouray Reservation.