In South Africa the legislature passed a statute that regulates cyber fraud that is called Cybercrimes Act 19 of 2020 in an attempt to combat cybercrimes, which include cyber fraud. The commission of cyber fraud in Civil Procedure constitutes a cause of action that enables the victim to claim for damages. It is not clear in terms of Cybercrimes Act whether the victim may institute proceedings whilst the matter is pending before the court in criminal proceedings or after the perpetrator is convicted. This raises a question on the application of the two common law principles that the defendant may raise as a special plea. Thus, res judicata and lis pendens may be raised as a special plea to prevent the victim of cyber fraud from receiving compensation for damages suffered. This prejudices the victims because some of the consequences that result from cyber fraud are dire to the victim. For example, the victim may loose money, property and may psychologically be affected as a result of cyber fraud. This article follows a qualitative research methodology that is based on an analysis in jurisprudence. Thus, the article looks at section 8 of the Cybercrimes Act, judicial precedent, as well as scholarly views shared by various authors to determine the gap. The author provides a solution, as well as recommendations that will ensure that the victims have a recourse in Civil Procedure. Moreover, there is evidence that proves that cyber fraud does exist in jurisdictions such as the United Kingdom. The article examines the legal position of cyber fraud in the United Kingdom and does a comparative studies between South Africa and the United Kingdom.
Public policies are reflected in the public domain more by how laws are implemented on the ground than by what their legislative content is. The departures from legislative intent are often scripted by the non-legislative actors at the cutting edge level in public organizations and people outside of the reference frame are often at their wits’ end as to why such departures take place at all. This essay takes up two Indian laws—one provincial and the other federal—and relying upon Michael Lipsky’s theory of street level bureaucracy, seeks to explore why two critical provisions thereof remained mostly unimplemented right since their legislation. Why do the street level bureaucrats mostly intend to depart from the avowed intent? Do they really stand to gain in such a scenario of non-implementation? If so, how? These questions are discussed in an expanded way in regard to the Bengal Excise Act, 1909 and the Narcotic Drugs & Psychotropic Substances Act, 1985.
Professor Gordillo presented this work several years ago, yet the current situation in which respect the parallel public administration in Argentina is still the same. Indeed, this review intends to shade some light on the subject of this book. As far as the objective targeted by the author, he suggests the existence of a parallel administration and proposes mechanisms to overcome it. His methods vary from sociology, anthropology and economy to administrative law and administrative sciences. Finally, his findings are related to the lack of public participation in the decision-making process within public administration.
This article aims to demonstrate that there were federative relations during the Empire of Brazil, with some reform during the regency period. The methodology used to measure the results focuses on the use of bibliographic sources from the 19th century and from more recent studies on the scope of the article. In addition, the use of documentary sources is present, since legislation of nineteenth-century Brazil is used, in particular, the Additional Act of 1834, which gives name to the present work. Although expressly provided for in the 1824 Political Charter that Brazil would constitute a Unitary State, in practice the increased regional concentration of political power led to a functioning situation such as a decentralized federal State. To this end, it begins with a brief demonstration of the antecedents of the Constitution of 1824. It then proceeds to treat the provision of this Constitution about the political organization to finally discuss the effects caused by the Additional Act of 1834.
Longevity is a fundamental dream of all living things. In traditional Indian culture, elders have been accorded a high status and a symbol of reverence. Each child has a virtuous duty to hold his parents as true images of Brahma, Vishnu, and Mahesh, which God has put on them. However, the winds of change are blowing all around us, and new situations are arising. The elderly have faced economic, social, and political challenges as a result of the nuclear family structure, modernization, industrialization, population growth, globalisation, rising unemployment, and poverty, among other factors. Physical, physiological, and emotional violence, as well as a lack of financial support, add insult to injury. Is it for this that a parent has dedicated his whole life? This shift in conduct necessitates the provision of defence and social welfare. Parents were increasingly oppressed, as they were compared to Godly creatures and addressed as "Matru-deo Bhava," "Pitrudeo Bhava," and so on, which was not the customary common practise. The author was moved to tears by the current situation, so he conducted this research study on the legislation for The Maintenance and Welfare of Parents and Senior Citizens Act, 2007, in accordance with the provisions of Article 41 read with Entry 23 of the Concurrent List (Schedule VIII) of the Constitution of India. To bring to light which protective legislations, as well as Penal Provisions, were designed to provide social protection to elderly parents? And what amendments to current laws would be needed to improve Indian cultural roots? And how effective has the judiciary been in promoting and preserving the right of this vulnerable group of people, namely older parents and senior citizens, to live in dignity?
Since 9/11 and particularly since the massacre at Virginia Tech University in 2007, many universities in the United States have begun installation of Closed Circuit Television (CCTV) systems on their campuses. What sorts of claims are being made about the use of these systems and what justifications are there for installing them? How might the pervasive use of monitoring technology affect traditional values associated with university life such as freedom of speech, freedom of assembly, privacy, and the freedom to explore? What policies are in place to ensure that whatever benefits associated with these systems justify both tangible and intangible costs?Our analysis is partially derived from a study of university policies in the United States concerning the installation and operation of CCTV systems with the aim of gaining insight into these questions. In addition, we used a coding instrument for analyzing the corpus of policies in order to understand how the policies addressed such issues as: rationale or justification for CCTV usage, relevant personnel roles, public awareness, accountability measures, information security and data handling, routine operations of usage, and any relevant limiting measures. One aspect of our study is to interpret the corpus of policies through the lens of Nissenbaum’s contextual integrity framework which is concerned with examining the effects of new technological practices (such as the installation of CCTV systems) on one’s expectation of privacy.
The debate about whether international law is fragmented or coherent is no arid discussion. If fragmentation is in the ascendancy, many commentators argue that something needs to be done. It is, of course, vital for the success of any legal system to achieve some level of predictability and certainty and to consistently deliver comprehensive justice. A legal system must, first and foremost, be a justice system, if there is any point to its existence. If it is not, then there may be another debate about whether it may be called a ‘legal’ system or a ‘justice’ system at all. I will review the debate between various leading commentators and analyse their proposals. My review of a number of different aspects and areas of international law shows that although fragmentation is apparent, the level of coherence in international law is far more surprising than fragmentation, which is inevitable, just as it is in the development of national law in, say, a federal polity. Just when international law seems to be fragmented somewhere, coherence is being achieved elsewhere. The result may be characterised as a kind of ‘equilibrium’ in which antagonistic and cohesive forces in international law keep one another in check, somehow balancing the other out. International law is capable of delivering comprehensive justice even if, at times, it may seem unlikely or elusive.
International Journal of Law and Public Administration (IJLPA) would like to acknowledge the following reviewers for their assistance with peer review of manuscripts for this Volume. Many authors, regardless of whether IJLPA publishes their work, appreciate the helpful feedback provided by the reviewers. Their comments and suggestions were of great help to the authors in improving the quality of their papers. Each of the reviewers listed below returned at least one review for this Volume.Reviewers for Volume 2, Number 2Adrian Cristian Moise, Spiru Haret University of Bucharest, RomaniaAllison Jean Ballard, University of Canberra, AustraliaCarmen Garcimartin, University of A Coruña, SpainDragoljub Popović, Union University School of Law, SerbiaElena Atienza-Macias, University of the Basque Country UPV/EHU, SpainEncarnación Abad Arenas, National University of Distance Education (UNED), SpainGeorge Ndi, University of Huddersfield, UKIvan Kosnica, University of Zagreb, CroatiaJaber Seyvanizad, Shahid Beheshti University, IranJuanita Goicovici, University Babeș-Bolyai of Cluj-Napoca, RomaniaMarcin Czubala Czubala Ostapiuk, Universidad Complutense de Madrid, SpainRose Casimiro, Nueva Ecija University of Science and Technology, PhilippinesSabina Hilaiel, Hastings College, USATatiana Bachvarova, Special Tribunal for Lebanon, BulgariaTaylisi de Souza Corrêa Leite, Anhanguera University, BrazilYusra, University Utara Malaysia, Malaysia Best Regards, Bennett BrownEditorial AssistantInternational Journal of Law and Public Administration--------------------------------------------------------------------Redfame Publishing9450 SW Gemini Dr. #99416Beaverton, OR 97008, USATel: 1-503-828-0536 ext. 511Fax: 1-503-828-0537E-mail: firstname.lastname@example.orgURL: http://ijlpa.redfame.com
International Journal of Law and Public Administration (IJLPA) would like to acknowledge the following reviewers for their assistance with peer review of manuscripts for this Volume. Many authors, regardless of whether IJLPA publishes their work, appreciate the helpful feedback provided by the reviewers. Their comments and suggestions were of great help to the authors in improving the quality of their papers. Each of the reviewers listed below returned at least one review for this Volume.Reviewers for Volume 1Anca-Iulia Stoian, RomaniaCarmen Garcimartin, SpainElena Atienza-Macias, SpainGeorge Ndi, UKIonel D. BONDOC, ROMANIAJohn Lenon E. Agatep, PhilippinesOyeniyi Abe, NigeriaOzgur DEMIRTAS, TurkeySabina G. Pavlovska-Hilaiel, USATatiana Bachvarova, Bulgaria
International Journal of Law and Public Administration (IJLPA) would like to acknowledge the following reviewers for their assistance with peer review of manuscripts for this volume. Many authors, regardless of whether IJLPA publishes their work, appreciate the helpful feedback provided by the reviewers. Their comments and suggestions were of great help to the authors in improving the quality of their papers. Each of the reviewers listed below returned at least one review for this volume.Reviewers for Volume 4, Number 1Adrian Cristian Moise, Spiru Haret University of Bucharest, RomaniaAndrea Kajcsa, University of Medicine, RomaniaAntonio Fortes Martín, Carlos III University of Madrid, SpainBranko Dimeski, St. Kliment Ohridski University, MacedoniaDragoljub Popović, Union University School of Law, SerbiaEncarnación Abad Arenas, National University of Distance Education (UNED), SpainIvan Kosnica, University of Zagreb, CroatiaJohn Mark R. Asio, Gordon College, PhilippinesJosé Sebastián Kurlat Aimar, University of Buenos Aires, ArgentinaRose Casimiro, Nueva Ecija University of Science and Technology, PhilippinesTatiana Bachvarova, Special Tribunal for Lebanon, BulgariaTaylisi de Souza Corrêa Leite, Anhanguera University, BrazilThomas Prehi Botchway, University of Education, Winneba, GhanaBennett BrownEditorial AssistantInternational Journal of Law and Public Administration--------------------------------------------------------------------Redfame Publishing9450 SW Gemini Dr. #99416Beaverton, OR 97008, USATel: 1-503-828-0536 ext. 511Fax: 1-503-828-0537E-mail: email@example.comURL: http://ijlpa.redfame.com
International Journal of Law and Public Administration (IJLPA) would like to acknowledge the following reviewers for their assistance with peer review of manuscripts for this Volume. Many authors, regardless of whether IJLPA publishes their work, appreciate the helpful feedback provided by the reviewers. Their comments and suggestions were of great help to the authors in improving the quality of their papers. Each of the reviewers listed below returned at least one review for this Volume.Reviewers for Volume 2, Number 1 Allison Jean Ballard, University of Canberra, AustraliaAnca-Iulia Stoian, Spiru Haret University, RomaniaBranko Dimeski, St. Kliment Ohridski University, MacedoniaCarmen Garcimartin, University of A Coruña, SpainDiane M. Hartmus, Oakland University, USAElena Atienza-Macias, UPV/EHU, SpainElias Pereira Lopes Júnior, Universidade Federal do Cariri – UFCA, BrazilGeorge Ndi, University of Huddersfield, UKGustavo Costa de Souza, Federal University of Lavras, BrazilIvan Kosnica, University of Zagreb, CroatiaSabina G. Pavlovska-Hilaiel, Hastings College, USASiyi Lin, The Chinese University of Hong Kong, ChinaTatiana Bachvarova, Special Tribunal for Lebanon, BulgariaThomas Prehi Botchway, Chongqing University, China Best Regards, Bennett BrownEditorial AssistantInternational Journal of Law and Public Administration-------------------------------------------Redfame Publishing9450 SW Gemini Dr. #99416Beaverton, OR 97008, USATel: 1-503-828-0536 ext. 511Fax: 1-503-828-0537E-mail: firstname.lastname@example.orgURL: http://ijlpa.redfame.com
International Journal of Law and Public Administration (IJLPA) would like to acknowledge the following reviewers for their assistance with peer review of manuscripts for this volume. Many authors, regardless of whether IJLPA publishes their work, appreciate the helpful feedback provided by the reviewers. Their comments and suggestions were of great help to the authors in improving the quality of their papers. Each of the reviewers listed below returned at least one review for this volume.Reviewers for Volume 5, Number 1Antonio Fortes Martín, Carlos III University of Madrid, SpainDiane M. Hartmus, Oakland University, USAJohn Mark R. Asio, Gordon College, PhilippinesJosé Sebastián Kurlat Aimar, University of Buenos Aires, ArgentinaTatiana Bachvarova, Special Tribunal for Lebanon, BulgariaTaylisi de Souza Corrêa Leite, Anhanguera University, BrazilYusra, University Utara Malaysia, Malaysia
International Journal of Law and Public Administration (IJLPA) would like to acknowledge the following reviewers for their assistance with peer review of manuscripts for this volume. Many authors, regardless of whether IJLPA publishes their work, appreciate the helpful feedback provided by the reviewers. Their comments and suggestions were of great help to the authors in improving the quality of their papers. Each of the reviewers listed below returned at least one review for this volume.Reviewers for Volume 4, Number 2Andrea Kajcsa, University of Medicine, RomaniaDragoljub Popović, Union University School of Law, SerbiaEncarnación Abad Arenas, National University of Distance Education (UNED), SpainJohn Mark R. Asio, Gordon College, PhilippinesJosé Sebastián Kurlat Aimar, University of Buenos Aires, ArgentinaMarcin Roman Czubala Ostapiuk, Universidad Nacional de Eduación a Distancia, SpainTaylisi de Souza Corrêa Leite, Anhanguera University, Brazil
International Journal of Law and Public Administration (IJLPA) would like to acknowledge the following reviewers for their assistance with peer review of manuscripts for this volume. Many authors, regardless of whether IJLPA publishes their work, appreciate the helpful feedback provided by the reviewers. Their comments and suggestions were of great help to the authors in improving the quality of their papers. Each of the reviewers listed below returned at least one review for this volume.Reviewers for Volume 3, Number 2Andrea Kajcsa, University of Medicine, RomaniaBranko Dimeski, St. Kliment Ohridski University, MacedoniaDiane M. Hartmus, Oakland University, USADragoljub Popović, Union University School of Law, SerbiaElias Pereira Lopes Júnior, Universidade Federal do Cariri – UFCA, BrazilEncarnación Abad Arenas, National University of Distance Education (UNED), SpainGeorge Ndi, University of Huddersfield, UKGustavo Costa de Souza, Federal University of Lavras, BrazilIvan Kosnica, University of Zagreb, CroatiaJaber Seyvanizad, Shahid Beheshti University, IranJohn Mark R. Asio, Gordon College, PhilippinesJosé Sebastián Kurlat Aimar, University of Buenos Aires, ArgentinaMarcin Roman Czubala Ostapiuk, Universidad Nacional de Eduación a Distancia, SpainMary S. Mangai, University of Pretoria, South AfricaMd. Bashir Uddin Khan, Shanghai University, ChinaOyeniyi Abe, Afe Babalola University, NigeriaRose Casimiro, Nueva Ecija University of Science and Technology, PhilippinesTatiana Bachvarova, Special Tribunal for Lebanon, BulgariaTaylisi de Souza Corrêa Leite, Anhanguera University, BrazilThomas Prehi Botchway, University of Education, Winneba, GhanaYusra, University Utara Malaysia, Malaysia Bennett BrownEditorial AssistantInternational Journal of Law and Public Administration--------------------------------------------------------------------Redfame Publishing9450 SW Gemini Dr. #99416Beaverton, OR 97008, USATel: 1-503-828-0536 ext. 511Fax: 1-503-828-0537E-mail: email@example.comURL: http://ijlpa.redfame.com
International Journal of Law and Public Administration (IJLPA) would like to acknowledge the following reviewers for their assistance with peer review of manuscripts for this Volume. Many authors, regardless of whether IJLPA publishes their work, appreciate the helpful feedback provided by the reviewers. Their comments and suggestions were of great help to the authors in improving the quality of their papers. Each of the reviewers listed below returned at least one review for this Volume.Reviewers for Volume 3, Number 1 Adrian Cristian Moise, Spiru Haret University of Bucharest, RomaniaBranko Dimeski, St. Kliment Ohridski University, MacedoniaChijioke Okorie, University of Cape Town, South AfricaElena Atienza-Macias, University of the Basque Country UPV/EHU, SpainEncarnación Abad Arenas, National University of Distance Education (UNED), SpainGeorge Ndi, University of Huddersfield, UKGustavo Costa de Souza, Federal University of Lavras, BrazilJosé Sebastián Kurlat Aimar, University of Buenos Aires, ArgentinaJuanita Goicovici, University Babeș-Bolyai of Cluj-Napoca, RomaniaMarcin Czubala Czubala Ostapiuk, Universidad Nacional de Eduación a Distancia, SpainOzgur Demirtas, Inonu University, TurkeyTatiana Bachvarova, Special Tribunal for Lebanon, BulgariaTaylisi de Souza Corrêa Leite, Anhanguera University, BrazilThomas Prehi Botchway, University of Education, Winneba, Ghana Best Regards, Bennett BrownEditorial AssistantInternational Journal of Law and Public Administration--------------------------------------------------------------------Redfame Publishing9450 SW Gemini Dr. #99416Beaverton, OR 97008, USATel: 1-503-828-0536 ext. 511Fax: 1-503-828-0537E-mail: firstname.lastname@example.orgURL: http://ijlpa.redfame.com
Under the reform of article 1 of the Federal Constitution (June 10, 2011), all government authorities have the obligation to respect human rights. The main inquiry of this essay is whether the Executive can, ex officio, revoke administrative acts for violations of human rights or stop enforcing a law it deems unconstitutional. Following this line of inquiry, for the purposes of this essay, the hypothesis is affirmative. The first part of this work analyzes several techniques and their comprehensive interpretation. Doctrine and comparative law are used to frame the issue. The second part consists of a constitutional analysis of article one under several legal interpretation theories to obtain preliminary results. The third part focuses particularly on revocation in the Administrative Procedure Act and the Mexican Federal Tax Code, in addition to relevant case law. Lastly, it is concluded that, in certain cases involving legal certainty, revocation can apply; however, refusal to enforce a law deemed unconstitutional cannot.
Administrative corruption is largely influenced by economic, political, social, cultural, and judicial systems and also, it has negative impacts on the legitimacy of political systems and the performance of administrative systems. Therefore, the aim of the current study is to identify the causes of the emergence and the prevalence of administrative corruption and to provide appropriate strategies for controlling and restricting the scope of administrative corruption. Hence, this research is of descriptive-analytical type and it is based on data collected by field methods. It should be noted that consistency and validity of the questionnaire has been examined with Cronbach's alpha and factor analysis, respectively. Then, non-parametric tests including binomial test and Friedman test have been used for testing the hypothesis. Ultimately, the results of this study showed that there are several factors such as lack of professional conscience, lack of adherence to ethics in the society, the sense of economic inequality in government employees in comparison with those in the other sectors, complexity of laws, etc., have significant influence on the emergence of administrative corruption. Also, some other factors such as existence of an efficient financial control system, effective administrative control, establishing some independent agencies for resolving the administrative corruption, intensification of the penalties, depoliticizing the administrative system, and applying efficient regulations can be effective in controlling and preventing the administrative corruption.Keywords: Administrative Corruption, Controlling the Administrative Corruption, Pathology Theory, 3-Ramifications Analytical Model, Administrations of Tehran Province.
As a result of the Truth and Reconciliation Commission of Canada (or TRCC, 2015a, 2015b), calls to action concerning education and law reform have been made. Currently, there is an increase in reconciliation discourse in law, healthcare and education policy, curricula and pedagogy. In Canada, efforts to decolonize institutional structures compel scholars and activists to highlight the imperative of critical analysis of identity and place in answering the calls to action. Although it was developed by the Ministry of Education for the province of Ontario, more than a decade ago, prior to the TRCC, the First Nations, Métis, and Inuit Education Policy Framework continues to inform policy and administrative procedures. Informed by Indigenous knowledge systems embedded in restorative justice and peace-building practices, this paper presents a critical analysis of the First Nations, Métis, and Inuit Education Policy Framework (2007) and finds evidence resembling discursive settler-colonial patterns of Indigenous erasure through the practice of silencing Indigenous participation and voice. Through this critical analysis, several themes emerged including colonialism, survivance, patriarchy, self-identification, notions of education, assessment, and “us versus them” binary narratives. In response, this paper argues for a trans-systemic and transdisciplinary approach to the critical analysis of discursive patterns of silencing and erasure in policy, law reform, and administrative processes. Further, through deepening interpretations and understandings of Indigenous theory and knowledge systems, it may be possible for settler-colonial stakeholders to more acutely discern the impact of settler-colonialism embedded in education, policy, administration, and legal discourses. These findings have implications for educators and administrators as well as administrative, law and policy reform.
The exchange of tax information is essential to prevent fraud and tax evasion. Accordingly, states and international organizations have developed international conventions regarding the exchange of tax information. One example is the Multilateral Convention on Mutual Administrative Assistance in Tax Matters. Some States, including Ecuador, have signed and ratified this Convention. However, it is unclear whether Ecuador currently meets almost all Convention's requirements.In this article, I investigated the Ecuadorian regulations and showed that Ecuador complies with most of the Convention’s standards. However, Ecuador does not have a specific comprehensive law that regulates information exchange. Therefore, Ecuador should develop policies and norms that exclusively regulate tax information exchange to facilitate practical information exchanging with other tax authorities.
Russia-United Kingdom Diplomatic ties have been banter of ally-crises-ally relations and have not fared well since its first diplomatic contact in 1553 during the era of Tsardom of Russia, and currently at its most tensed point occasioned by the alleged poison attack on Sergei Skripal in Salisbury. While it remains unclear which exactly of the Novichok variants were used to poison Skripal and his daughter? The medical effect of the poison is well understood and Britain with their allies points at Russia as the culprit. This single act has turn sour the diplomatic relations of these great powers. However, it raised multiplicity of arguments among scholars and analysts, who try to highlight and analyse views on who seeks to gain from the cold war between the power megalomaniacs. It is on this ground that the paper looks at the diplomatic crisis between Russia and United Kingdom over the attempted poisoning of Skripal and his daughter. The paper employed a combination of Psycho-Cultural Theory of Conflict and Conspiracy theory as it framework, using a qualitative analysis which relies on secondary data as its source of information to explore the problematic. It further examined if there were any similarities between the Salisbury attack and other attacks carried out in United Kingdom. The paper concludes with the implications of the attack, notes that despite Russia-United Kingdom crisis prone diplomatic relation over Salisbury nerve agent attack, they have an obligation to cooperate in the United Nation should an international conflict arise, as they encompass two of the five permanent members in the UN Security Council giving them the power to veto the approval of UN Security Council resolutions should any quick decision be required. Hence, the pronged disagreement is an interruption to the adoption of quick resolutions, particularly with the emergent danger of conflict and crises on the Korean headland and the on-going civil turbulence in Syria. The paper recommends among others; for Putin to take the opportunity of a new term to start afresh and rebuild ties with the United Kingdom, following the full dictates of diplomatic principles.
This study examined the impact of empowerment on women after a decade of its rigid campaign in the province of Nueva Ecija, Philippines and its effect on peace and social order as perceived by the residents of sitio Alitaptap, Nueva Ecija. The researcher utilized a descriptive research design using a self-devised questionnaire to gather information. The findings revealed that the respondents have a high level of conformity to the actions of local government unit to empower women. As to the impact of empowerment on women, the respondents agreed to the positive result of the action taken by the local government unit. The study showed that empowering women brought peace and social order and the quality of program implementation in the place caused high degree of effectiveness in the performance of duty of local officials. However, there are some things that are not clear to the respondents as there are some questions where respondents stand neutral. The study revealed that not only will women gain knowledge of their rights on the action of the local government but will also teach men how to respect women. The only negative result of the study is the threat that women may use their rights to prejudice men that may result in social disorder.
This article revisits Israel's trade and political alliance with the European Union – its major trade partner. The article examines the position calling to water down Israel-EU trade relations, considering EU's insistence on linking economic benefits with political advancement in the region, insights gained by the COVID-19 pandemic and substantial recent regional developments: Israel's trade diversification policy, the conclusion of Abraham Accords and the discovery of gas in the Eastern Mediterranean basin. Concluding that such a strategy may not serve the parties' interests best, the article explores ways to leverage these developments to further enhance EU-Israel partnership.
This study examines important factors of disenfranchisement of political subdivisions in Liberia, especially counties and districts due largely to the presidential power of appointment. The study analyzes survey, empirical, and constitutional amendment data gathered by Afrobarometer (Round 7 Survey), election statistics, and public officials’ appointment information. It then correlates associations between the number of county executives, presidential tenure, and referendum approvals to demonstrate a diminishment of democracy due to denying citizens’ right to vote for their local leaders. This has resulted from a gradual enhancement of the Liberian president’s power of appointment, which developed neopatrimonialism in Liberia and continues to foster a patronage system of governance that increases public corruption, a practice that has minimized state capacity, fostered state instability, and raised the potential for conflict.
The people of Sukabumi city as the customers of drinking water complain that the Sukabumi Municipal Water Supply Company (PDAM) service is still not optimal. Therefore, this study aims to find out the factors forming public appraisal of PDAM service quality. Using a quantitative approach, the survey was conducted toward the customers of Sukabumi Municipal Water Supply Company (PDAM). A total of 120 respondents were selected by simple random sampling method which then analyzed using confirmatory factor analysis. The service quality variables consisting of tangible, reliability, responsiveness, assurance and empathy are broken down into 31 indicators. The result shows that 4 factors out of 31 indicators tested were influential in forming public appraisal on service quality of Sukabumi Municipal Water Supply Company (PDAM). These factors include accuracy (at an eigen score of 10.671), politeness (at eigen score of 2.021), response speed (at eigen score of 1.646) and technological capability (at eigen score of 1.333).
Aim: The thesis aims to evaluate the role of the Shura Council in Saudi Arabia's transition and identify if Shura Council can be a catalyst for change in the nation's foreign policy. Saudi's economy is over-relying on oil production, which increases the Kingdom's vulnerability due to uncertainties in the oil markets and other risks. Saudi's vision 2030 aims to decrease Saudi Arabia's dependence on oil and expand the Kingdom's economic resources. The vision 2030 is anchored on three pillars: solidifying the Kingdom's locus in the heart of the Arab and Islamic nations; the quest to become an international investment powerhouse; the Kingdom's strategic site with the capacity to be a hub that connects three continents Africa, Asia, and Europe.Method: The thesis adopts literature review as the main method to establish the composition and effectiveness of the Shura council its design functions.Findings: As currently constituted, the Shura council cannot freely champion effective foreign policies and regulations that support the Kingdom's goals. Shura council is fully under the kings' absolute power, denying them the opportunity to meet their democratic mandate.Concision: The Shura studies and interpret the laws, development plans, and the annual reports of Ministries and Government Sectors. Hence, the council also proposes and amend laws. As long as the Shura Council Members are still King's appointees, the political, social, and economic reforms that Saudi Arabians are eagerly waiting for will take decades to come by. Human rights violations are still evident.Recommendations: The study recommends constitutional monarchy adoption, need for human rights, and fundamental freedom laws to be upheld and allow public participation in legislative process. Strengthening the parliament's oversight roles require the Kingdom to grand Shura Council's independence granting power to partake a vote of no confidence, hearing, interpellation and make committees of inquiry where need be to help Saudi to attain vision 2030 goals.
The beginning of the 2020s ought to reflect a steady conclusion of the vast majority of the European Union’s projects with regards to the new era of connectivity and mobility within the European Union dimension. We expect Intelligent Connected Vehicles (ICVs) to step into free circulation within the internal market. Since the operation of the ICVs depends on the number of data processing operations, data processing operations should be precisely determined and framed beforehand. ICVs data operations consist of extraordinarily large volumes and velocity of a data flow which previously existed in traditional relational database systems and could not have been processed within the desired timeframe. Even though the currently adopted database systems are ready to face the new level of data processing, a huge data stream is also faced with complex obstacles and new risks which have never been experienced beforehand.While seeking to ensure safe and secure introduction of a new level of data processing for connectivity and automation at the European Union market, the author precisely examines all potential risks and possibilities of integration into a uniform legal regulation to ensure secured ICVs data processing at all levels. The regulatory framework should document adequate security requirements and defences against ICVs attacks e.g. interference and remote-control interception.
There is an unstated argument with an unsettling currency in today’s organizations: Those that can’t do, lead. The concept of management has devolved from a position that facilitates productivity and navigates workplace challenges, to a type of “bullshit job.” To adherents of this philosophy, competence in one’s vocation, profession or business is unnecessary in order to excel as a manager in that vocation, profession or business.In professional environments technical competence in one’s occupation is a condition precedent to good management. Technically competent managers come to positions of leadership with occupational gravitas. Occupational gravitas is forged from experience and imbues those who possess it with the confidence to effectively navigate the challenges confronting their organization. It is earned from experience dealing with the particular challenges of one’s occupation.Leadership skills are an adjunct to the occupational competence necessary for good management in professional environments. The concept that leadership skills are separate and apart from occupational competence, rather than ancillary to it, in the execution of good management is herein explicitly rejected.People placed in positions of authority who lack experience, or are otherwise incompetent, bring with them not gravitas, but fear. Fear is the primary element from which springs management failures, and through which such failures are expressed. Incompetent leadership is not only dangerous to legal service provider organizations and their employees, but also exposes clients to dire consequences. In a legal services environment, bad management really is a public protection issue.The model of a “practice leader,” is the paradigm through which legal service organizations can model their management style. A practice leader is both an accomplished attorney as well as a leader. Practice leaders understand the work and the environment in which it is produced. This is important because it is they and the organization that are ultimately responsible for the work of their subordinates. Failure of leadership in a legal service environment can not only lead to litigation but could also lead to professional discipline when subordinates engage in misconduct.
The objective of the Nagoya Protocol guides Parties to regulate illegitimate access and utilization of biological resources or associated traditional knowledge, and also directs Parties to share with fairness, equity and justice the monetary or non-monetary benefits arising out of utilization of genetic resources. In a nod to the United Nations Declaration on Rights of Indigenous People, the Nagoya Protocol binds the Parties to create access and benefit sharing (ABS) laws, policies or administrative measures as envisaged in Articles 5.2 and 5.5 of the Protocol, and obliges the States to allow for benefits to flow to Indigenous peoples and local communities (ILCs). Present paper is based on an opinion survey of academic/research institutions, civil society organizations and concerned individuals apart from competent national authorities of Asian countries. Review of secondary information, especially domestic ABS laws of relevant countries, and participant observation were other means of legal and policy analysis. The findings of this paper illustrate that the accrued benefits from the utilization of genetic resources or traditional knowledge are not adequately realized by Indigenous people or local communities. State sovereignty occupies dominance when justice and equity principles are considered in benefit sharing mechanism. It leads to the infringement of Indigenous rights and conservation objectives. Discrepancies in domestic ABS laws and in the frameworks for their implementation could be addressed by ensuring the participation of ILCs in domestic ABS rulemaking, decision-making processes, and the participatory execution of ABS mechanisms at all levels. The resulting gains in efficiency in the ABS process could then better achieve the goal of conserving and sustainably using biodiversity, while also ensuring respect for the rights of Indigenous people.
This paper discusses the Supplemental Nutrition Assistance Program, which aid those in need via food stamps. First the author introduces the program, including its coverage. Then, the author discusses criticisms of the program—that it has high costs and may reduce incentives for work. Finally, recommendations are given in light of the shortcomings.
During the administration of Nigerian President Goodluck Ebele Jonathan, there was a marked increase in the country's violence and frequency of terrorist attacks. The purpose of this study is to provide a descriptive analysis of terrorist incidents during the Jonathan administration. Using the START dataset, the study analyzed data over 84 months to examine the effect of Jonathan's presidency on terrorism in Nigeria. The study found a wide variation in the number of terrorist attacks between 2009 and 2015. The full presidency phase experienced a markedly more significant number of terrorist attacks than the post-presidency, acting presidency, and pre-presidency phases. On average, the full presidency and post-presidency phases experienced significantly greater rates of terrorist attacks per month than the acting presidency and pre-presidency phases. The casualty rates were consistent with this variation except that post-presidency appeared the bloodiest of all four phases. The study also revealed that Boko Haram was responsible for most terrorist attacks and casualties during the administration. Implications for these findings and recommendations for further research are discussed.
Policing and mental ill health are inextricably entwined. The police have a role to respond to distressed persons and depending on the circumstances act as mental health practitioners or law enforcement officers. Policing can have an impact on the mental health of those delivering the service. Those working within policing will either experience, work alongside and/or manage colleagues with mental ill health. Therefore it is important that the attitudes of police officers and police staff to mental ill health are established. The research employs the Time to Change Survey to bench mark police attitudes against the general public. Results indicate that police officers/staff hold similar attitudes to the public. However police officers are less supportive of community based interventions. Police data portrays an organisation where mental health related stigma persists, where discussing or seeking help is avoided and having a mental health issue seen as career destroying.
The changes that have been brought about by the General Data Protection Regulation starting with May 2018 are complex and ambitious. The General Data Protection Regulation is one of the most wide ranging pieces of legislation passed by the EU in recent years, and it introduces many concepts that are yet to be fully discovered in practice, such as the right to be forgotten, data portability and data breach notification. This paper intends to analyze the main obligations that public bodies, particularly, have after the GDPR has entered into force, and to evaluate the impact this legislative act has on the routine activities carried out by public authorities in Romania. To reach our goal, we will make reference to the obligations that are specific to public administration authorities as well as to those that public bodies are exempted from. We will also analyze the national legislative measures adopted in Romania after GDPR started to be in force, and the degree to which these have particularized the way public bodies are allowed and obliged to process personal data in Romania.
The goal of this paper is to define and quantitatively measure tax avoidance. So far any rigorous assessment of financial flows related to tax avoidance that entails paying (almost) no taxes, is lacking. This prevents a proper assessment of the necessity for further regulation to fight such undesirable tax avoidance. Quantifying tax avoidance provides a sound starting point for assessing the severity of regulation – matching the expected benefits with costs – and sheds further light on the possible design of effective regulation. The paper defines tax avoidance as the legal use of tax constructions aimed at paying (almost) no taxes in the entire international financial chain. Our paper shows that in order to prevent international tax systems from being used for such double non-taxation, governments could introduce a withholding tax on outgoing interest and royalty flows to low tax jurisdictions (tax havens). If the low tax threshold is set at 15% or 10% respectively, then depending on the choice for one of the two provided definitions of ‘low tax jurisdiction’, we find that the combined outgoing royalty and interest flow related to tax avoidance via Dutch conduit companies was on average 9.7 or 11.9 billion euro per year in the period 2009-2013.
Conflict between Haiti and its Caribbean neighbors often arises because of its large migrant population. In The Bahamas, ethnic, cultural and political reasons have resulted in conflict between Haitians and Bahamians. Bahamians regard Haitians as culturally, ethnically and economically inferior. Haitians are thought to deprive Bahamian nationals of government resources. This has resulted in intolerance and discrimination towards Haitians by Bahamian locals and government bodies. As a result, the basic human rights of Haitians are violated. Stereotypes and mistreatment of Haitians have resulted in anti-Bahamian sentiment and mistrust. Without mediation via international non-governmental organizations (NGOs), the joint-initiatives between the Bahamian and Haitian government will continue to fail. As a result, the ongoing conflict between both groups risks escalating to mass violence.
The research on the influencing phenomena at the budgetary process of Local Government Union Councils in Bangladesh is based on a combination of political psychology, applied economics and public management issues (i.e. decentralization, local government finance, and local governance, as well as the budgeting theory and local government budgetary process).The purpose of the research is to explore the critical influencing phenomena and their relative influences on Union Councils’ budgeting decisions. The study reveals that the influence of concerned phenomena or issues does not always collide with the budgetary autonomy of Union Councils, but the effects of the influencing issues on their budgeting decisions are evident with varying degrees and dimensions. The study has employed qualitative method with six case studies on criteria based purposively selected Union Councils at Sunamganj District in Bangladesh.
The article analyzes the achievements, prospects and issues of Ukrainian cultural diplomacy in the Black Sea region. It outlines different levels of cultural cooperation in the region, in which the goals of Ukraine's cultural diplomacy can be realized: cooperation within UNESCO, cooperation within the Eastern European Partnership, cooperation within the Black Sea Economic Cooperation (BSEC), cooperation within bilateral cultural contacts. It is emphasized that all formats of cultural interaction complement each other and can have a synergistic effect. It is noted that Ukraine is one of the few countries that has participated in the ICDS testing, and together with Georgia, Armenia and Azerbaijan can set a precedent for the regional application of this methodology by UNESCO. Ukrainian cultural diplomacy in the Black Sea region is also considered in connection with the state’s European integration obligations under the "Association Agreement between Ukraine and the EU". Summarizing the level of activity in the field of cultural diplomacy in the region, it is noted that Ukraine is not fully aware of the importance of cultural diplomacy tools for resolving the conflict situation related to the occupation of the Crimean Peninsula by the Russian Federation. Examining the content of the "Strategy of Public Policy of the Ministry of Foreign Affairs of Ukraine 2021-2025", a recommendation was made to supplement the list of target regions for cultural diplomacy of Ukraine with the Black Sea region as an integral socio-cultural object.
Many studies demonstrate that homicides are heavily concentrated in impoverished neighborhoods, but not all socially disadvantaged neighborhoods are hotbeds of violence. Conducted in Belo Horizonte, Brazil, this study hypothesizes that the association between high rates of homicide and impoverished areas is influenced by the emergence of a specific type of street drug-dealing common to favelas (slums). The study applies econometric techniques to police data on homicides and drug arrests from 2008 to 2011, as well as 2010 Census data, to test its hypothesis. The findings provide insight into the development of crime prevention policies in areas of high social vulnerability.
This current study examines the perception of safety on the public bus transit system in a large Brazilian metropolis. Using a web-based survey, the study reached a convenient sample of bus users of a local university who were victims and witnesses to crime in two different types of local bus transit environments - the BRT MOVE - a modern bus system and its opposing counterpart - the conventional bus system. Research questions investigate whether or not riders’ perception of safety is influenced by the presence of mechanisms of control and surveillance on buses. Using a linear regression model, this study hypothesizes that the perception of safety among victims and/or witnesses to crime varies according to exposure to risk in different bus transit systems. Limitations of the results were addressed and reliability and validity issues were reviewed. This study demonstrates the relevance of different types of risk factors on riders’ perception of safety on buses, bus stops, and stations. This contributes to widening the range of public transit safety solutions in Brazil.
A cornerstone of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is the exertion of market control when a species’ biological status is put at risk by commercial demand. This is the crux of an Appendix I listing under CITES; once a species is listed on Appendix I it may not be imported or introduced from the sea in order to be used for primarily commercial purposes. As CITES has evolved and strengthened over its forty three-year history, the Parties have agreed specific compliance measures and policy initiatives targeted toward both building upon and supporting this cornerstone. And, yet, one decision at the upcoming Standing Committee puts at risk the reputation and integrity on which CITES stands.Since 2002 Japan has introduced from the sea sei whales and sold the meat, blubber, and other products commercially in order to raise money to support its whaling operations. Because Japan does not have a reservation for the North Pacific population of sei whale, which is listed on Appendix I, Japan’s actions are in clear contravention of the Convention. The question is whether the Standing Committee is willing to hold Japan accountable for nearly 20 years of non-compliance in a demonstration of the integrity and reputation of the Convention or whether politics and power triumph.
In many parts of Ethiopia, land is the base for economic resources and prestige, as provided under the Constitution of Federal Democratic Republic of Ethiopia this valuable asset is exclusively vested in the State and the peoples of Ethiopia. Land is a common property of the Nations, Nationalities and Peoples of Ethiopia and shall not be subject to sale or to other means of exchange. Concerning contractual agreement, sale of land is made imprescriptible by the decision of the Federal Supreme Court Cassation Division. The problem of this decision is that the civil code of the state provides ten years of period of limitation for invalidation of contract, made no clear exception for that matter, and the Cassation Division is empowered to only interpret the law of the state, not making a new law. Based on the problem narrated, the following questions are posed: whether the decision of the division falls under the ambit of its mandate or not and what is the practical value of the ruling? The questions are addressed via consultation of legal instruments of the state, the decisions of the cassation division and scholarly materials on the area.
This article covers the evolution of key gender relations issues in Peruvian constitutions for almost a century, from 1931 to 2021. It analyses the path travelled from the exclusion of women as citizens to the achievement of parity in political participation; the transformation of the equality clause into one that has the possibility to incorporate discrimination based on sexual orientation as a prohibited category; as well as changes in the conception of maternity protection by the State, until one arrives at a provision that recognizes the right of people to decide individually about their reproductive choices. The article also reports on the participation of women in the struggle for these gains, their initiatives both in formal and informal spaces, as well as the demands of first and second wave feminist movements. All these points are organised through categories coined by Ruth Rubio Marín, to understand constitutionalism from a gender perspective: exclusionary, inclusive, participatory, and transformative constitutionalism.
Recently, we have been witnessing a critical level of a the degradation of the marine environment and depletion of fish stocks in the South China Sea. This has many adverse consequences on the politics, economics of the countries in the region as well as on the socio-economic life of the coastal population. One of the activities that has been causing serious damage to the marine environment and living resources of the South China Sea is the large-scale land reclamation and artificial island construction undertaken by China in the Spratly and Paracel islands recently. These activities have caused severe harm to the precious coral reef environment and thus, violated the obligation to preserve and protect fragile ecosystems and the habitat of depleted, threatened or endangered species under the international law of the seaThe paper explores the impact of China’s large-scale land reclamation and artificial island construction activities on the marine biodiversity of the South China Sea, explains what the legal obligation under the international law of States to protect and preserve the marine environment is and suggests a number of options in order to bring a halt to such activities and restore the damaged marine ecosystem. The paper puts particular emphasis on the cooperation drivers torwards a healthy, prosperous and peaceful South China Sea, which also contribute to the management and possibly, resolution of the current disputes in this region.Keywords: marine environmental issues, legal obligation, cooperation drivers, large-scale reclamation, artificial islands, blue solutions and fragile ecosystems.
The media report that the rate of the actual implementation of exclusionary rules is very low in China, even lower than many of other countries in the world. This paper will start from Chinese academic findings on their current implementation. Further, it will proceed with Chinese official data on the actual implementation of exclusionary rules. Then, it will conclude with the common problems of such statistics that need to be mended in future reforms, in order to ensure better justice in China.
This paper, built from a bibliographic review, using the hypothetical deductive method, deals with the growing problem related to the dissemination of false information, which in its turn interferes directly in the formation of public opinion and, consequently, in democracy and the fundamental civic rights exercise. Throughout the text, it is observed how this phenomenon is present and takes power in different media, particularly in electronic media, reaching many people and blurring the right to information. In this way the Brazilian political scenario was observed, especially in the 2018 electoral process, in which fake news marked the campaigns, bringing to the public a series of distorted values rather than cohesive proposals and well-defined strategies. From this analysis we understand the need for an education on the subject, so that the practices of disinformation can be gradually combated preserving and praising reliable information committed to the citizen's rights and democracy.
Since 2013, Boko Haram has significantly contributed to gendered violence against women. This study examines the experiences of 16 women and girls who lived in the Boko Haram camp from 2014-2018 and had varying levels of engagement in the organization's activities. The study employs a qualitative phenomenological in-depth interview methodology. Semi-structured interviews conducted in Nigeria yielded data on the respondents' experiences before, during, and after their times with Boko Haram. Based on the analysis of interview responses and field notes, several themes emerged. Overall findings suggest that family and community dynamics play a significant role in terrorism in Nigeria. More specifically, early child marriage and the lack of access to education increase girls' vulnerability to abductions by Boko Haram, which, in turn, contributes to involvement in terrorism. Boko Haram members take control over the most disadvantaged and vulnerable victims and, through direct threats or non-consensual marriage, force these women to succumb to their pressure. Respondents reported facing barriers to reintegration into the community, although those with more formal education tended to fare better. These findings are discussed in terms of their implications for future research and counter-terrorism efforts in Nigeria.
What has been seen in the last thirty-five years is a significant shift in the psyche of contemporary society. Beck’s theory of “risk society” has captured the concerns of governments and its institutions to focus fears on risks and insecurity. Within the criminal justice context, this has led to the pervasive consciousness that crime has become part of the everyday experience to be controlled by risk management techniques framed within Foucault’s concept of “governmentality.” Crime has become a ubiquitous risk that must be routinely assessed and managed. This shift in criminological thought has also been seen in the move away from the liberal ideals of due process to the favoring of public protection over the rights of individuals found within the normative model of crime control. The problem in this devaluation of due process is the consequent imbalance of power between the individual and the State. Due process rights are enshrined in the Charter to protect against this imbalance and are never more important than when loss of liberty is at stake, most particularly when the errors due to the constriction of these rights contribute to the acknowledged systemic factors that lead to wrongful convictions.
National parliaments have become significantly active in international arena particularly in advancing democracy and national interests within a globalized context. This report assesses the role that inter-parliamentary organizations play in regional and global political scenes under the umbrella of the Inter-Parliamentary Union (IPU). The article views these regional institutions in the context of their relations to the IPU through content analysis of available literature. Three of the regional bodies of interest in the report are the Arab Parliament, Central American Parliament (PARLACEN), and the European Union Parliament. The findings drawn from available literature shows that these organizations have become the new frontier for political movements as they take center stage in global affairs. The objectives of these regional bodies are largely aligned with those of the IPU, and it is not surprising that they frequently collaborate or agree on several issues. The article concludes that the Inter-parliamentary diplomacy and the pursuit of democracy through collective efforts of regional parliamentary bodies have made it possible for IPU to have a higher political currency in different jurisdictions.
This article examines a case in which the defendants had made unauthorized use of the plaintiff’s trademark but were nonetheless able to successfully defend themselves against the awarding of monetary damages. As it shows, to claim damages, trademark holders must demonstrate actual harm to their reputation or loss of potential profits. It describes the methods used by the author to determine the actual effect of the infringement, which included analyzing information regarding the defendants’ intentions and the parties’ industry and the findings of a consumer survey and of Internet search and social media analytic tools. The article argues for the importance of understanding the particularities of a given case and marketplace and the utility of readily available and inexpensive Internet analytic tools.
Threat is one of behaviors which punishment is considered for it in the criminal law of Iran and US. The importance of investigating on crime of threat is where, persons and civilians in accordance with domestic laws and international instruments have the very important right as “freedom of speech” and the mentioned right violation is accompanied by criminal sanctions, on the other hand, some words or committing a specific behavior by them and according the same rules is banned and considered as is criminal threats. Nevertheless, laws of both countries have adopted different approaches in regards to terms of realization of the crime and its various manifestations. Knowing the characteristics of the crime play a significant role in explaining and analyzing criminal behavior and compliance with legal cases. Some of these features in the laws of both countries explicitly and others have been stated implicitly. The lack of clear rules regarding certain characteristics of the threat, made it difficult that jurists, judges and lawyers to understand these features. Therefore, in this paper determine the characteristics of the threat in the Iran an US law.
Despite there being widespread agreement that cyberbullying is a serious societal problem, there is little consensus on the laws and policies that should be implemented by government to address this issue. Whilst some commentators frame cyberbullying as a psychosocial problem that is most appropriately addressed through education and public health initiatives others see it as a legal issue that requires legislative reform. Further, whilst some call for the creation of a specific offence of cyberbullying others advance the importance of technology neutrality and recommend prosecuting online and offline bullying behaviour within a single coherent legal framework. In such a context, the purpose of the present article is to examine the adequacy of Australia’s present law and policy on cyberbullying, and consider the merits of creating a dedicated offence of cyberbullying. In this regard, special consideration will be given to the 2018 report of the Senate Legal and Constitutional Affairs References Committee entitled Adequacy of existing offences in the Commonwealth Criminal Code and of State and Territory criminal laws to capture cyberbullying. After considering relevant legislation, case law, scholarly discourse and reform discourse, the paper supports the Senate Committee’s decision to not recommend the creation of a new offence of cyberbullying and suggests that such a course supports technology neutrality and enhances the consistency and longevity of laws in this area.