On China's Foreign Trade Development and Linkage with the Customary Rules of International Trade

Although great differences exist between the trade systems of different countries,internationaltrade must go on in line with the customary international trade rules.As China’s economy developsand the socialist market economic system emerges,China is basically qualified to link up withcustomary international trade rules.In the Ninth Five-Year Plan period,China’s reform of its foreigntrade system aims at setting up a trade system that conforms with international trade practice.Forthe purpose,the author of this article suggests that a neutral trade policy should be adopted inaccordance with the international practice since it does not hinder exports,nor restrict imports toan excessive degree.

Review of Issues Related to Tourism Policies regarding Environmental Management and Customary Practices of Tourism in Gilgit-Baltistan, Pakistan

The purpose of this study is to highlight the issues and problems of tourism planning, policy formulation and implementation in Gilgit-Baltistan-mountainous region of Pakistan-a place which is abound with worth seeing natural scenes and also hub of world＇s highest mountain ranges. Tourism in many countries plays an important role in improving not only economic conditions but it also has been used as a tool to preserve environment. Tourism policy is part of national development policy in many countries, but in Pakistan this sector has been ignored in terms of proper policy formulation and also it was not considered as a potential sector for economic betterment. Although Pakistan, particularly Gilgit-Baltistan is replete with tourism resources, haplessly policy makers never focused on this sector in capitalizing these tourism resources. It also covers the traditional practices of 4 As （Access, Attractions, Accommodation and Acceptance） in Gilgit-Baltistan. In Pakistan, there have been different laws and regulations formulated with the passage of time but they have not been implemented properly. In Pakistan, tourism policy was first prepared in 1983 but it was not enforced appropriately. According to ranking of WEF T＆T （World Economic Forum Travel and Tourism） competitiveness index, Pakistan is ranked below average in policy formulation and implementation.

The Legally Permissible Traditional Customary Uses of Wildlife and Forests under Kenyan Law

Kenya like most of sub-Saharan Africa is reliant predominantly on agriculture and natural resources;which include land, water, minerals and fisheries, but the most dominant of which are wildlife and forestry. Unlike minerals which are by law vested in the government and can only be extracted by it and not the citizenry, wildlife and forestry are resources that the citizens may utilize in their day to day lives to meet their needs. Apart from their consumptive uses, there are also non-consumptive uses and values of wild animals and forests;such as their intrinsic ecological value as gene banks, as well as their scenic value for viewing. These are essentially conventional values and uses. They are largely formal and universal ones that are universally obtaining across the world irrespective of the levels of civilization or cultural identity, and are even compatible with modernity. Apart from these, there are some wildlife and forestry uses which are unique to the typical African way of life as part of old traditional customs that have existed from earlier times. These are what are in this paper referred to as “traditional customary uses”. These uses are largely informal, rudimentary and archaic. They are nevertheless critical in the endemic African way of life and represent the inextricable rudimentary technologically bereft relationship between the African people and their natural resources. Under the country’s existing laws, some of these uses are prohibited and criminal sanctions prescribed to enforce their proscription, hence cannot be enjoyed or practiced. There are however others that the law has either expressly allowed, or not prohibited, hence may be lawfully enjoyed or practiced. These are what this paper has referred to as the legally permissible traditional customary uses;and are the ones that are its subject. As for wildlife, in the year 1977, the Kenya Government by a Legal Notice in the Kenya Gazette imposed a ban on all forms of hunting of wildlife. The ban is still in force. This therefore means that hunting is illegal, as legal prohibition has in effect prohibited all and any form of off-take or killing of wildlife. By implication therefore, under Kenyan law, only non-consumptive uses of wildlife may be enjoyed, and not the consumptive ones. These include viewing as well as socio-cultural and spiritual uses. In Kenya therefore, the only permissible traditional customary use of wildlife is its non-consumptive use for socio-cultural and spiritual purposes;subject of course to the existing legal prohibition on witchcraft under the Witchcraft Act (Cap 67 Laws of Kenya). This piece of legislation has prohibited the practice and promotion of witchcraft. This in effect means that the socio-cultural and spiritual uses of wildlife though legally permissible, will be enjoyed, provided it is not for witchcraft purposes. With regard to forests, this author has identified the following five as their legally permissible traditional customary uses under Kenyan law: Socio-cultural and spiritual (consumptive and non-consumptive) use, other than for witchcraft;use in herbal folk medicine, other than for witchcraft;use for human food and livestock fodder;use for firewood;and use as raw material in construction and traditional craft. Notably, in Kenya, traditional customary use is subject to the existing legal prohibition on witchcraft. Further, while it is the legally permissible use category that is the focus of this paper, the author nevertheless discusses the prohibited traditional customary uses as well. This paper is based on literature survey as well as data obtained from the author’s previous research whose primary data and findings have been published in recent times. It also draws from the documented research and diverse documented views of other commentators on the subject.

Customary Law to Acquire Full Force of Law

A number of the constitutions limit recognition of customary law to those customs and/or usages,which have the“force of law”in their respective territories.The question as to whether a custom has the“force of law”may be variously interpreted depending upon whether it is the community,the courts,or the legislature,which has the power to identify when a custom becomes law.Determining just when a custom acquires the“force of law”is of much importance for its wider recognition and application.This in turn is linked to the question of proof of customary law.A key aspect of Papua New Guinea(PNG)’s approach is that it brought the multiplicity of regimes of different cultures under a national framework and has given a place to customary law which is now constitutionally recognized as superior to the inherited common law.It places the local and traditional over the inherited and imported law,with the constitution placed over both.In this paper I examine customary law as in the context of the PNG Constitution.

Accessibility of Justice for Intimate Partner Violence Victims in the Customary Court at Rohingya Refugee Camp, Bangladesh

This paper explored the norms and mechanisms of access to justice regarding intimate partner violence(IPV),the constraints that affect refugee women when seeking measures against IPV,and the experiences and views of justice providers in giving access to justice to IPV victims in a customary court.This is a qualitative study where purposive sampling was applied.Five,eight,and four in-depth interviews with IPV victims,justice makers from BMC/CMC,and other concerning organizations were conducted,respectively.Moreover,two key-informant interviews were also conducted.Data were analyzed utilizing thematic analysis.The findings revealed that the multi-sectoral approach is the framework in responding to IPV cases followed by each actor,including the BMC and CMC,who are protecting the rights of IPV victims.However,this community-based committee is the first spot to mitigate IPV cases,and the trial procedures are not consistent with national laws and international human rights standards;the committee uses their life experiences,religious norms,and socio-cultural values.IPV victims and the customary court experience obstacles in case reporting,trial processing,and denial of legal justice.Moreover,the committee is more active in keeping the family and societal harmony rather than in protecting the individual(women).United Nations High Commissioner for Refugees(UNHCR)should accelerate efforts to protect,respect,and fulfill the needs of IPV victims in all sectors.Training on human rights and gender,the determination of the rules and regulations of the customary court to protect IPV victims,the development of appropriate sanctions for perpetrators,and the remedies for victims are suggestions from the research to get justice for the IPV victims.

Expansion of traditional land-use and deforestation:a case study of an adat forest in the Kandilo Subwatershed,East Kalimantan,Indonesia

Deforestation issues are more problematic when indigenous(adat) communities,living within a forest,have lived there for many generations.These adat communities,who employ traditional land-use,are frequently accused of encroaching on the forest.To understand existing and future trends in the spatial patterns of the expansion of traditional land-use and deforestation,we conducted a case study in the Kandilo Subwatershed using mixed methods with image interpretation,spatial modelling and sociocultural surveys to examine the interrelationships between physical conditions,community characteristics and traditional land-use expansion.We investigated community characteristics through household interviews,communication with key informants,and discussions with focusgroups.By using an area production model,we were able to analyze the effect of improved farming systems,policy intervention and law enforcement on traditional land-use expansion and deforestation.Based on our examination of a 20-year period of traditional land-use activities in adat forests,the evidence indicated that the steeper the slope of the land and the farther the distance from the village,the lower the rate of deforestation.Our study found that customary law,regulating traditional land-use,played an important role in controlling deforestation and land degradation.We conclude that the integration of land allocation,improved farming practices and enforcement of customary law are effective measures to improve traditional land productivity while avoiding deforestation and land degradation.

Institutions and water governance in the Okavango Delta, Botswana

The goals of Integrated Water Resources Management (IWRM) can be achieved by embracing the principles of distributive governance, which places both customary and statutory water institutions on the same pedestal in the governance of water resources. As culture and traditions constitute intangible aspects of water resources management in rural Africa, the recognition of water governance systems grounded in local norms, which correspond better with the aspirations of local water users as against the expert-knowledge systems is desirable. Following the introduction of the statutory institutions in postcolonial Africa, customary institutions, which were once effective in regulating water resources became relegated to the background in those countries, including Botswana . Adopting a critical literature review approach, this article employs the concept of legal pluralism to analyze the institutional factors that create the disharmony between cultural and statutory water governance and management institutions. Findings indicate that water has been abstracted from its social nature and transformed into a tradable economic good. Ultimately, the local meanings and images encoded in water as a nature-given resource are overlooked, thus generating conflicts in water governance. The paper recommends the adoptions of legal pluralism under which water institutions need to embrace both customary and statutory institutions.

CULTURAL VALUES OF WETLANDS IN BIODIVERSITY CONSERVATION IN NEPAL

Nepal is rich in wetlands and its biodiversity due to diverse geography,ecology,ecosystem,and cul-tures.Participatory research methodology was used.More than 59 different traditional societies reside in various geo-graphical belts with diverse and distinct language,culture,custom,religion,beliefs,social norms,knowledge andpractices have significant roles in the protection and wise use of wetland biodiversity.Wetland ecology,landscape andcultural values may be accordance with the geographic and human dimension.The bio-cultural diversity supports to en-hance wetlands and biodiversity richness from millennia.Traditional cultural,religious,spiritual values,customarylore,folklore,knowledge of the societies are playing important responsibility in wetland ecology,landscapes and biodi-versity restoration,conservation and sustainable use,and they should be recognised,respected in National legislation.Themes of CBD,and RAMSAR should be respected and implemented to protect the cultural,religious,ritual,and cus-tomary contribution of the society.

Village Council and Administration of Justice:A Study Among the Dimasa Kacharis of Assam

Village council is a socio-political organisation that is the connection between people who relate themselves to each other creates an arrangement of persons that makes unit.It is a part of the large social organisation which refers to the institution which maintains rules and regulation of the society.For instance,stability of every social structure is needed to have the connection between the people who relate themselves to each other creates an arrangement of persons that makes unit.The organisation stands for juridical rights of the people’s safeguard and these juridical obligations are inferred in them.Village organisation coincides as in most cases that villages act as territorial social as well as political unit.The Dimasas inhabited in plains of Assam also have their traditional village council which acts as a socio-political unit into their parochial life.In this paper,an attempt has been made to evaluate the function of village council for the maintenance of peace and smooth functioning of the socio-cultural life of the Dimasa Kacharis inhabiting in a rural context of Assam.

Forest Conflict on the Forest Resources Management between Indigenous People and the Logging Company in Small Island

Many conflicts are reported in small islands mainly in Eastern region of Indonesia and it is needed to conflict resolution in the forest sector. The research has been conducted on forest conflict in the small island of Yamdena. The aims of the research were： （1） to determine the customary rights of indigenous peoples to the forest area that was claimed as theirs according to the applicable rules and regulations; （2） to study the causes of conflict between indigenous peoples and the logging company; （3） to analyze the policy in the forest resources management on the customary land. This research is qualitative and uses a case study methodology. Data collection methods used include semi-structured interviews, participant observation and focus group discussion （FGD）. The results showed that indigenous peoples whose livelihood is highly dependent on the forest were most threatened because of forest exploitation of their traditional land by the logging company. Handling of the conflict potential in the forest resources management in Yamdena island was approached through use of traditional laws, involving all the relevant parties to the conflict. The forest management either by indigenous peoples or the logging company is no longer focused on the timber harvesting but more on conservation aspects.

试论南方少数民族的传统文化及其现代转型

The author sums up the common characteristics of traditional oultures of the Ethnic Groups in South China, and considers that these characteristics don’ t adapt to the requirements of modernization, thus maks a conclusion: Traditional cultures of the Ethnic Groups in South China will dissolve gradually, and new types of culture will be builded up.