The Problem of Reconciling the Principle of Confidentiality in Foreign Investment Arbitration with the Public Interest

The economical globalization through the liberalization of the markets and capitals boosted the economical development of the nations and the needs for sorting out the disputes arising from the foreign investment. The arbitration, for all the inherent advantages, such as swiftness, arbitrators’ specialise skills and impartiality sets a pacifier tool for the interest in account. Safeguarded the public interest, we face the problem of the confidentiality in the arbitration. The urgent development of impelling mechanisms concerning transparency, guaranty and protection of the interest in account, reveals itself urgent. Through a bibliography review, we will dense the state of art, by going through the several solutions concerning, and pointing out the most suitable. Through the jurisprudential analysis we will point out the solution for the conflict confidentiality/public interest. The transparency, inextricable from the public interest, imposes the arbitration process can be open to all citizens. Transparency rules have been considered at the UNCITRAL in attempting to conciliate the necessity of publicity and the public interest, however still insufficient. The arbitration of foreign investment carries consequences to the citizens of the State. Articulating mechanisms between the arbitral procedures secrecy and the public interest should be adopted. The arbitration of foreign investment, being a tertius genius between the international arbitration and the administrative arbitration would claim its own regulation in each and every States where the confidentiality rules and its exceptions could be identified. One should enquiry where the limit of the citizens’ individual rights protection and the public interest should give way to the principle of transparency

Effect of Base Coarse Layer on Load-Settlement Characteristics of Sandy Subgrade Using Plate Load Test

The present research has been performed to investigate the effect of base course application on load-settlement characteristics of sandy subgrade using plate load test. The main parameter investigated in this study was the subgrade reaction coefficient. The model tests were conducted in a 1.35 m long, 1 m wide, and 1 m deep steel test box of Imam Khomeini International University (IKIU Calibration Chamber). The base courses used in this research were in three different thicknesses of 15 cm, 20 cm, and 30 cm. The test results indicated that in the case of using base course over loose sandy subgrade, the values of subgrade reaction coefficient can be increased from 7  to 132 , 224 , and 396  in presence of 15 cm, 20 cm, and 30 cm base course, respectively.

Proposing of an Adaptable Land Readjustment Model for Developing of the Informal Settlements in Kabul City

Since 2006, Afghanistan is dealing with one of the most dramatic trend of urban movement in its history, cities and towns are expanding in size and number. Kabul is the capital of Afghanistan and as well as the fast-growing city in the Asia. The influx of the returnees from neighbor countries and other provinces of Afghanistan caused high rate of artificial growth which slums increased. As an unwanted consequence of this growth, today informal settlements have covered a vast portion of the city. Land Readjustment (LR) has proved to be an important tool for developing informal settlements and reorganizing urban areas but its implementation always varies from country to country and region to region within the countries. Consequently, to successfully develop the informal settlements in Kabul, we need to define an Afghan model of LR specifically for Afghanistan which needs to incorporate all those factors related to the socio-economic condition of the country. For this purpose, a part of the old city of Kabul has selected as a study area which is located near the Central Business District (CBD). After the further analysis and incorporating all needed factors, the result shows a positive potential for the implementation of an adaptable Land Readjustment model for Kabul city which is more sustainable and socio-economically friendly. It will enhance quality of life and provide better urban services for the residents. Moreover, it will set a vision and criteria by which sustainable developments shall proceed in other similar informal settlements of Kabul.

The Folksongs of Jharkhand: An Intangible Cultural Heritage of Tribal India

Jharkhand is newly constituted 28th State in the eastern part of India which is known for the oldest settlement of the indigenous people. In the State of Jharkhand in which broadly three language family are found namely, Austric, Dravidian, and Indo-European. Ex-Mundari, kharia, Ho Santali come from the Austric Language family. Kurukh, Malto under Dravidian language family and Nagpuri Khorta etc. under Indo-European language family. There are 32 Indigenous Communities identified as Scheduled Tribe in the State of Jharkhand. Santhal, Munda, Kahria, Ho and Oraons are some of the major Tribe of the Jharkhand state. Jharkhand has a Rich Cultural heritage which includes Folk art, folklore, Folk Dance, Folk Music, Folk Songs for which diversity can been seen from place to place, season to season and all traditional Culture and practices. The languages as well as the songs are vulnerable to dominant culture and hence needed to be protected. The collection and documentation of these songs in their natural setting adds significant contribution to the conservation and propagation of the cultural elements. This paper reflects to bring out the Originality of the Collected Songs from remote areas of the plateau of Sothern Jharkhand as a rich intangible Cultural heritage of the Country. The research was done through participatory observation. In this research project more than 100 songs which were never documented before.

The Study on the Overall Protection of the Ancient Villages

The discussion about elements of cultural heritage and their relevance among the ancient villages is comparably insufficient. The protection work is strongly influenced by touristic development and cultural gimmick, resulting in low protection efficiency and many omissions. Historical villages as the cultural settlement patterns bear a large number of heritage relics. They were regionally scattered with a clear characteristic of gathering. First of all, this study proposes the association and similarities of the forming mechanism between four historic cultural villages in Mian Mountain. Secondly, the study reveals that these villages own the strategic pass, underground passage, and the mountain barrier. Thirdly, based on the differentiated characteristics of villages’ space, the study discusses about the integrated conservation from three levels: the regional heritage conservation, the cultural line shaping, and the featured brand building.

Research on Spatial Morphology and Protection of Traditional Rural Settlements Based on Space Syntax: Taking Xiazhuang Village and Shijia Village in Huzhou as Example

Space syntax, a paradigm of the urban research, which manifests people’s intuitive and abstract perception of a material space with a solid mathematical way, explores how space represents its social characteristics. Taking Xiazhuang village and Shijia Village in Huzhou as an example and focusing on inward structure and street space, this article recognizes the connotative significance of the settlement with the aid of space syntax theory and quantitative analysis method from the perspective of spatial configuration to present relevant suggestions for its future planning and provides references for traditional rural settlement protection.

Numerical Analysis of the Effect of Geocell Reinforcement above Buried Pipes on Surface Settlement and Vertical Pressure

Dynamic traffic loads cause deformation of underground pipes, resulting in vehicle discomfort. This makes it necessary to reinforce the layers of soil above underground pipes. In this study, the subbase layer was reinforced. Finite element software (PLAXIS 3D) was used to in the simulation, which includes geocell reinforcement, vehicle loading, soil layers and Glass Fiber Reinforced Plastic (GRP) pipe. Geocell reinforcement was modeled using a geogrid element, which was defined as a slender structure element that has the ability to withstand axial stresses but not to resist bending. Geogrids cannot withstand compression but they can withstand tensile forces. Comparisons have been made between the numerical models and experimental works, and a good agreement was obtained. Using the mathematical model, the performance of three different pipes of diameter 600 mm, 800 mm, and 1000 mm, and three different vehicular speeds of 20 km/h, 40 km/h, and 60 km/h, was examined to determine their impact on surface settlement and vertical pressure at the pipe crown for two cases: with and without geocell reinforcement. The results showed that, for a pipe diameter of 600 mm under geocell reinforcement, surface settlement decreases by 94 % when the speed of the vehicle is 20 km/h and by 98% when the speed of the vehicle is 60 km/h. Vertical pressure decreases by 81 % when the diameter of the pipe is 600 mm, while the value decreases to 58 % for a pipe with diameter 1000 mm. The results show that geocell reinforcement causes a significant and positive reduction in surface settlement and vertical stress above the pipe crown, leading to an increase in pipe safety.

Comparative Study of Ecological City Criteria in Traditional Iranian Cities

Many urban designers and planners have been involved in the design of environmentally friendly or nature adaptable urban development models due to increase in urban populations in the recent century, limitation on natural resources, climate change, and lack of enough water and food. Ecological city is one of the latest models proposed to accomplish the latter goal. In this work, the existing establishing indicators of the ecological city are used regarding energy, water, land use and transportation issues. The model is used to compare the function of traditional settlements of Iran. The result of investigation shows that the specifications and functions of the traditional settlements of Iran fit well into the ecological city model. It is found that the inhabitants of the old cities and villages in Iran had founded ecological cities based on their knowledge of the environment and its natural opportunities and limitations.

The Behavior of Dam Foundation Reinforced by Stone Columns: Case Study of Kissir Dam-Jijel

This work presents a 2D numerical simulation of an earth dam to assess the behavior of its foundation after a treatment by stone columns. This treatment aims to improve the bearing capacity, to increase the mechanical properties of the soil, to accelerate the consolidation, to reduce the settlements and to eliminate the liquefaction phenomenon in case of seismic excitation. For the evaluation of the pore pressures, the position of the phreatic line and the flow network was defined, and a seepage analysis was performed with the software MIDAS Soil Works. The consolidation calculation is performed through a simulation of the actual construction stages of the dam. These analyzes were performed using the Mohr-Coulomb soil model and the results are compared with the actual measurements of settlement gauges implanted in the dam. An analysis of the bearing capacity was conducted to show the role of stone columns in improving the bearing capacity of the foundation.

Cloudburst-Triggered Natural Hazards in Uttarakhand Himalaya: Mechanism, Prevention, and Mitigation

This article examines cloudburst-triggered natural hazards mainly flashfloods and landslides in the Uttarakhand Himalaya. It further describes mechanism and implications of natural hazards and illustrates the preventive and mitigation measures. We conducted this study through collection of archival data, case study of cloudburst hit areas, and rapid field visit of the affected regions. In the second week of August 2017, about 50 people died and huge losses to property were noticed due to cloudburst-triggered flashfloods. Our study shows that although cloudburst triggered hazards in the Uttarakhand Himalaya are natural phenomena and unavoidable yet, disasters can be minimized if preventive measures are taken up appropriately. We suggested that construction of human settlements, institutions and infrastructural facilities along the seasonal streams and the perennial rivers should be avoided to prevent disasters. Further, large-scale tree plantation on the degraded land will reduce the magnitude of hazards.

3D Numerical Analysis of Stone Columns Reinforced with Horizontal and Vertical Geosynthetic Materials

Improvement and reinforcement of soils with poor strength and engineering properties for constructing low height structures or structures such as liquid storage tanks, bridge columns, and heavy structures have necessitated applying particular techniques. Stone columns are among the well-known methods applied in such soils. This method provides an economically justified way for improving engineering properties of soft clay and loose sandy soils. Stone column implementation in these soils increases their bearing capacity and reduces the settlement of foundation build on them. In the present study, the finite difference based FLAC3D software was used to investigate the performance and effect of soil reinforcement through stone columns without lining and those with geosynthetic lining with different levels of stiffness in horizontal and vertical modes in clayey soils. The results showed that soil improvement using stone columns with lining in vertical and horizontal modes results in improvement of bearing capacity and foundation settlement.

Performance of Bridge Approach Slabs in Bridge Construction: A Case Study

Long-term differential settlement between the bridge structure and the bridge embankment typically results in an abrupt grade change, causing driver discomfort, impairing driver safety, and exerting a potentially excessive impact traffic loading on the abutment. This paper has analysed a case of study showing the effect of an approaching slab realized in a bridge constructed at Tirane-Elbasan Motorway. The layer thickness under the slab is modeled as homogenous, the slab is a reinforced concrete structure and over that the asphaltic layers take place. Analysis indicates that reinforced concrete approaching slab distributes the stresses quite uniformly into the road fill layers and settlements varies in a range less than 2.50 cm in the total slab length of 6.00 m with a maximum slope of 1/240. Results taken from analytical analysis are compared with topographic measurements done on field and they carry great similarities.

Circular Raft Footings Strengthened by Stone Columns under Dynamic Harmonic Loads

Stone column technique has been successfully employed to improve the load-settlement characteristics of foundations. A series of finite element numerical analyses of harmonic dynamic loading have been conducted on strengthened raft footing to study the effects of single and group stone columns on settlement of circular footings. The settlement of circular raft footing that improved by single and group of stone columns are studied under harmonic dynamic loading. This loading is caused by heavy machinery foundations. A detailed numerical investigation on behavior of single column and group of stone columns is carried out by varying parameters like weight of machinery, loading frequency and period. The result implies that presence of single and group of stone columns enhanced dynamic behavior of the footing so that the maximum and residual settlement of footing significantly decreased. 

Experimental Investigation on the Efficiency of Expanded Polystyrene Geofoam Post and Beam System in Protecting Lifelines

Expanded polystyrene (EPS) geofoam is a cellular geosynthetic material that can be used to protect lifelines (e.g. pipelines, electricity cables, etc.) below ground. Post and beam system is the most recent configuration of EPS blocks which can be implemented for this purpose. It provides a void space atop lifelines which allows settlement of the loading surface with imposing no pressure on the lifelines system. This paper investigates the efficiency of the configuration of post-beam system subjected to static loading. To evaluate the soil surface settlement, beam deformation and transferred pressure over the beam, laboratory tests using two different densities for EPS blocks are conducted. The effect of geogrid-reinforcing the cover soil on system response is also investigated. The experimental results show favorable performance of EPS post and beam configuration in protecting underground lifelines. 

Critical Approach to Define the Architectural Structure of a Health Prototype in a Rural Area of Brazil

A primary healthcare facility in developing countries should be a multifunctional space able to respond to different requirements: Flexibility, modularity, aggregation and reversibility. These basic features could be better satisfied if applied to an architectural artifact that complies with the typological, figurative and constructive aspects of the context in which it is located. Therefore, the purpose of this paper is to identify a procedure that can define the figurative aspects of the architectural structure of the health prototype for the marginal areas of developing countries through a critical approach. The application context is the rural areas of the Northeast of Bahia in Brazil. The prototype should be located in the rural district of Quingoma, in the municipality of Lauro de Freitas, a particular place where there is still a cultural fusion of black and indigenous populations. Based on the historical analysis of settlement strategies and architectural structures in spaces of public interest or collective use, this paper aims to provide a procedure able to identify the categories and rules underlying typological and figurative aspects, in order to detect significant and generalizable elements, as well as materials and constructive techniques typically adopted in the rural areas of Brazil. The object of this work is therefore not only the recovery of certain constructive approaches but also the development of a procedure that integrates the requirements of the primary healthcare prototype with its surrounding economic, social, cultural, settlement and figurative conditions.

Alternative Dispute Resolution in the Settlement of Environmental Disputes in South Africa

Alternative Dispute Resolution denotes all forms of dispute resolution other than litigation or adjudication through the courts. This definition of Alternative Dispute Resolution, however, makes no mention of a vital consideration. ADR is the generally accepted acronym for alternative dispute resolution. Despite the choice not to proceed before a court or statutory tribunal, ADR will still be regulated by law and by the Constitution. Fairness is one of the core values of the South African constitutional order. Environmental disputes occur frequently, but due to delays and costs, ADR is a mechanism to resolve this kind of disputes which is a resolution of non-judicial mechanism. ADR can be used as a mechanism in environmental disputes that are less expensive and also more expeditious than formal litigation. ADR covers a broad range of mechanisms and processes designed to assist parties in resolving disputes creatively and effectively. In so far as this may involve the selection or design of mechanisms and processes other than formal litigation, these mechanisms and processes are not intended to supplant court adjudication, but rather to supplement it. A variety of ADR methods have been developed to deal with numerous problems encountered during environmental disputes. The research questions are: How can ADR facilitate environmental disputes in South Africa? Are they appropriate? And what improvements should be made?

Behavior of the Foundation of Bridge Reinforced by Rigid and Flexible Inclusions

This article presents a comparative study by numerical analysis of the behavior of reinforcements of clayey soils by flexible columns (stone columns) and rigid columns (piles). The numerical simulation was carried out in 3D for an assembly of foundation, columns and a pile of a bridge. Particular attention has been paid to take into account the installation of the columns. Indeed, in practice, due to the compaction of the column, the soil around it sustains a lateral expansion and the horizontal stresses are increased. This lateral expansion of the column can be simulated numerically. This work represents a comparative study of the interaction between the soil on one side, and the two types of reinforcement on the other side, and their influence on the behavior of the soil and of the pile of a bridge.

3D Dynamic Modeling of Transition Zones

In railways transition zone is present at the boundaries of zones with different stiffness. When a train rides from an embankment onto a stiff structure, such as a bridge, tunnel or culvert, an abrupt change in the support stiffness occurs possibly inducing differential settlements. This in long term can yield to the degradation of the tracks and foundations in the transition zones. A number of techniques have been proposed or implemented to provide gradual stiffness transition at the problem zones, such as methods to ensure gradually changing pad stiffness, application of long sleepers or installation of auxiliary rails in the transition zone. Aim of the research presented in this paper is to analyze the 3D and the dynamic effects induced by the passing train over an area where significant difference in the support stiffness exists. The effects were analyzed for different arrangements associated with certain differential settlement mitigation strategies of the transition zones.

Total and Leachable Concentration of Trace Elements in Soil towards Human Health Risk, Related with Coal Mine in Jorong, South Kalimantan, Indonesia

Coal mining is well known to cause considerable environmental impacts, including trace element contamination of soil. This study aimed to assess the trace element (As, Cd, Co, Cu, Ni, Pb, Sb, and Zn) contamination of soil in the vicinity of coal mining activities, using the case study of Asam-asam River basin, South Kalimantan, Indonesia, and to assess the human health risk, incorporating total and bioavailable (water-leachable and acid-leachable) concentrations. The results show the enrichment of As and Co in soil, surpassing the background soil value. Contamination was evaluated based on the index of geo-accumulation, Igeo and the pollution index, PI. Igeo values showed that the soil was generally uncontaminated (Igeo ≤ 0), except for elevated As and Co. Mean PI for Ni and Cu indicated slight contamination. Regarding the assessment of health risks, the Hazard Index, HI showed adverse risks (HI > 1) for Ni, Co, and As. Further, Ni and As were found to pose unacceptable carcinogenic risk (risk > 1.10-5). Farming, settlement, and plantation were found to present greater risk than coal mines. These results show that coal mining activity in the study area contaminates the soils by particular elements and may pose potential human health risk in its surrounding area. This study is important for setting appropriate countermeasure actions and improving basic coal mining management in Indonesia.

Discrete Element Modeling of the Effect of Particle Shape on Creep Behavior of Rockfills

Rockfills are widely used in civil engineering, such as dams, railways, and airport foundations in mountain areas. A significant long-term post-construction settlement may affect the serviceability or even the safety of rockfill infrastructures. The creep behavior of rockfills is influenced by a number of factors, such as particle size, strength and shape, water condition and stress level. However, the effect of particle shape on rockfill creep still remains poorly understood, which deserves a careful investigation. Particle-based discrete element method (DEM) was used to simulate the creep behavior of rockfills under different boundary conditions. Both angular and rounded particles were considered in this numerical study, in order to investigate the influence of particle shape. The preliminary results showed that angular particles experience more breakages and larger creep strains under one-dimensional compression than rounded particles. On the contrary, larger creep strains were observed in he rounded specimens in the direct shear test. The mechanism responsible for this difference is that the possibility of the existence of key particle in rounded particles is higher than that in angular particles. The above simulations demonstrate that the influence of particle shape on the creep behavior of rockfills can be simulated by DEM properly. The method of DEM simulation may facilitate our understanding of deformation properties of rockfill materials.