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 </span></span><span&...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 </span></span><span><span><span>are</span></span></span><span><span><span> 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 </span></span></span><span><span><span>the </span></span></span><span><span><span>world irrespective of the levels of civilization or cultural identity, and </span></span></span><span><span><span>are </span></span></span><span><span><span>even compatible with modernity. Apart from these, there are some wildlife and forestry uses </span></span></span><span><span><span>which</span></span></span><span><span><span> </span></span></span><span><span><span>are </span></span></span><span><span><span>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</span></span></span><span><span><span> has</span></span></span><span><span><span> 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. </span></span></span><span><span><span>The ban is still in force</span></span></span><span><span><span>. 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</span></span></span><span><span><span>.</span></span></span><span><span><span> 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</span></span></span><span><span><span> <span style="color:#943634;">(</span></span></span></span><span><span><span><a href="#ref53">Cap 67 Laws of Kenya</a></span></span></span><a href="file:///C:/Users/test.scirp/Desktop/%E6%96%B0%E5%BB%BA%20Microsoft%20Word%20%E6%96%87%E6%A1%A3.docx#R53"><span><span></span></span></a><span><span><span>)</span></span></span><span><span><span>. This piece of legislation has prohibited the practice and promotion</span></span></span><span><span><span> </span></span></span><span><span><span><span>of witchcra</span><span>ft. 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)</span><span> 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.展开更多
The City Real-Estate Administration Law of the People’s Republic of China (hereinafter referred to as Real-Estate Administration Law) was adopted at the Eighth Session of the Standing Committee of the Eighth National...The City Real-Estate Administration Law of the People’s Republic of China (hereinafter referred to as Real-Estate Administration Law) was adopted at the Eighth Session of the Standing Committee of the Eighth National People’s Congress, and will come into force on January 1, 1995. For the public, especially overseas investors, to understand the law, the reporter had展开更多
With the development of our society, the object and scope of government' s administrative function are expanding day by day.Facing the complicated new situation, new problem and the enhancement of the rule of law, th...With the development of our society, the object and scope of government' s administrative function are expanding day by day.Facing the complicated new situation, new problem and the enhancement of the rule of law, the difficulty of hearing the administrative case isincreasing. This article mainly analyzes the present situation of the reconciliation of administrative litigation, discusses how to construct ourcountry' s administrative litigation reconciliation system, promote the administrative trial work smoothly, and better protect the legitimate rightsand interests of the parties.展开更多
The officer- selecting system is an important part of the administrative legal system of the ancient China. In the ancient times,there were different officer- selecting systems in China,such as the hereditary system,t...The officer- selecting system is an important part of the administrative legal system of the ancient China. In the ancient times,there were different officer- selecting systems in China,such as the hereditary system,the recommendatory system,the nine- rank system and the imperial examination system and so on. Different officer- selecting systems are reasonable and have some limitations at the same time. Besides,they own some realistic significance for the cadre- selecting system of the present.展开更多
During 2010-2011, Myanmar started its political transition. The U Thein SeinAdministration has made obvious policy adjustments towards China after it replaced the Mili-tary government. However, such adjustments were l...During 2010-2011, Myanmar started its political transition. The U Thein SeinAdministration has made obvious policy adjustments towards China after it replaced the Mili-tary government. However, such adjustments were limited, as Myanmar hasn't totally lean tothe West, but keeping relatively closer political contact with China. Empirical analysis showsthat political institu6on and ideology are not the key reasons leading to such adjustments?China-Myanmar relations had undergone fluctuation, osdlla6on and stability during 2011-2016, the root causes of which are the legality of political power, national security based ongeopolitics and economic development demands of" Myanmar people. Moreover, those threefactors remain the primary considerations of the NLD Government when it handling relationswith China.展开更多
A series of laws and regulations related to the oil and gas.resources have already been pro-mu]gated and provided a legal basis for the activities of petroleum exploration and exploita-tion in China.These laws are as ...A series of laws and regulations related to the oil and gas.resources have already been pro-mu]gated and provided a legal basis for the activities of petroleum exploration and exploita-tion in China.These laws are as follows:展开更多
The higher education administration system in China has been a central theme in the reform and development of our country's higher education. In the past two decades,deviation from reform goals, absence of reform ...The higher education administration system in China has been a central theme in the reform and development of our country's higher education. In the past two decades,deviation from reform goals, absence of reform participants, vagueness of reform approaches and other problems have occurred despite the significant effects gained through constant innovations in the reform under the guidance of government policies. For the purpose of better reforming the higher education administration system, the concept of ruling by law, or that of managing the university by law, should be applied. The key is to rationalize the relationship between government and higher institutions as well as to fully exercise the autonomous management of universities and colleges in order to achieve an overall reform of higher education administration system that is conducted from within and without.展开更多
文摘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 </span></span><span><span><span>are</span></span></span><span><span><span> 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 </span></span></span><span><span><span>the </span></span></span><span><span><span>world irrespective of the levels of civilization or cultural identity, and </span></span></span><span><span><span>are </span></span></span><span><span><span>even compatible with modernity. Apart from these, there are some wildlife and forestry uses </span></span></span><span><span><span>which</span></span></span><span><span><span> </span></span></span><span><span><span>are </span></span></span><span><span><span>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</span></span></span><span><span><span> has</span></span></span><span><span><span> 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. </span></span></span><span><span><span>The ban is still in force</span></span></span><span><span><span>. 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</span></span></span><span><span><span>.</span></span></span><span><span><span> 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</span></span></span><span><span><span> <span style="color:#943634;">(</span></span></span></span><span><span><span><a href="#ref53">Cap 67 Laws of Kenya</a></span></span></span><a href="file:///C:/Users/test.scirp/Desktop/%E6%96%B0%E5%BB%BA%20Microsoft%20Word%20%E6%96%87%E6%A1%A3.docx#R53"><span><span></span></span></a><span><span><span>)</span></span></span><span><span><span>. This piece of legislation has prohibited the practice and promotion</span></span></span><span><span><span> </span></span></span><span><span><span><span>of witchcra</span><span>ft. 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)</span><span> 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.
文摘The City Real-Estate Administration Law of the People’s Republic of China (hereinafter referred to as Real-Estate Administration Law) was adopted at the Eighth Session of the Standing Committee of the Eighth National People’s Congress, and will come into force on January 1, 1995. For the public, especially overseas investors, to understand the law, the reporter had
文摘With the development of our society, the object and scope of government' s administrative function are expanding day by day.Facing the complicated new situation, new problem and the enhancement of the rule of law, the difficulty of hearing the administrative case isincreasing. This article mainly analyzes the present situation of the reconciliation of administrative litigation, discusses how to construct ourcountry' s administrative litigation reconciliation system, promote the administrative trial work smoothly, and better protect the legitimate rightsand interests of the parties.
文摘The officer- selecting system is an important part of the administrative legal system of the ancient China. In the ancient times,there were different officer- selecting systems in China,such as the hereditary system,the recommendatory system,the nine- rank system and the imperial examination system and so on. Different officer- selecting systems are reasonable and have some limitations at the same time. Besides,they own some realistic significance for the cadre- selecting system of the present.
文摘During 2010-2011, Myanmar started its political transition. The U Thein SeinAdministration has made obvious policy adjustments towards China after it replaced the Mili-tary government. However, such adjustments were limited, as Myanmar hasn't totally lean tothe West, but keeping relatively closer political contact with China. Empirical analysis showsthat political institu6on and ideology are not the key reasons leading to such adjustments?China-Myanmar relations had undergone fluctuation, osdlla6on and stability during 2011-2016, the root causes of which are the legality of political power, national security based ongeopolitics and economic development demands of" Myanmar people. Moreover, those threefactors remain the primary considerations of the NLD Government when it handling relationswith China.
文摘A series of laws and regulations related to the oil and gas.resources have already been pro-mu]gated and provided a legal basis for the activities of petroleum exploration and exploita-tion in China.These laws are as follows:
文摘The higher education administration system in China has been a central theme in the reform and development of our country's higher education. In the past two decades,deviation from reform goals, absence of reform participants, vagueness of reform approaches and other problems have occurred despite the significant effects gained through constant innovations in the reform under the guidance of government policies. For the purpose of better reforming the higher education administration system, the concept of ruling by law, or that of managing the university by law, should be applied. The key is to rationalize the relationship between government and higher institutions as well as to fully exercise the autonomous management of universities and colleges in order to achieve an overall reform of higher education administration system that is conducted from within and without.