Excellence in Research and Innovation for Humanity

International Science Index

Commenced in January 1999 Frequency: Monthly Edition: International Abstract Count: 42820

Law and Political Sciences

535
74699
Alternative Dispute Resolution Procedures for International Conflicts about Industrial Design
Abstract:
The industrial design protects the appearance of part or all of a product resulting from the features of, in particular, the lines, contours, colors, shape, texture or materials of the product itself or its ornamentation. The industrial property offers a different answer depending on the characteristics of the shape object of protection possible, including the trademark and industrial design. There are certain cases where the trademark right invalidate the exclusive right of the industrial design. This can occur in the following situations: 1st) collected as a sign design and trademarked; and 2nd) you want to trademark and protected as a form design (either registered or unregistered). You can either get a trade mark or design right in the same sign or form, provided it meets the legal definition of brand and design and meets the requirements imposed for the protection of each of them, even able to produce an overlap of protection. However, this double protection does not have many advantages. It is, therefore, necessary to choose the best form of legal protection according to the most adequate ratios. The diversity of rights that can use the creator of an industrial design to protect your job requires you to make a proper selection to prevent others, especially their competitors, taking advantage of the exclusivity that guarantees the law. It is necessary to choose between defending the interests of the parties through a judicial or extrajudicial procedure when the conflict arises. In this paper, we opted for the defense through mediation.
534
74690
The Forensic Analysis of Private Browsing Proving That Evidence Can Be Obtained
Abstract:
The investigation attempts to assemble a toolkit that will enable Forensic Investigators to do their work using Open Source Software or freeware, and pays attention to a single example, namely, of its application by investigating evidence obtained while using the private browsing mode of common web browsers. The focus is solely on the magnitude of the in situ capture of RAM (or volatile memory) and the pagefile.sys file (or virtual memory), prior to the usual ‘power down’ (‘Pull-the-plug’ method of capture) which loses this data. The aim is to discover any forensic artefacts in the memory, both during and after browsing, and then to compare the findings across four common browsers. The results were unexpected and astounding, and the repercussions and implications, immense. The increased use of private computing, through using Virtual Private Networks (VPNs), proxy servers, and various other anonymizing methods, pose numerous obstacles to both forensic investigators and hackers. Whilst privacy protection should be encouraged as the de facto stance, when performing any kind of activity, either online or offline, forensic investigators face increasing difficulties in obtaining evidence of nefarious activity. Their toolkit, if money is no object, can be remarkably effective in obtaining the evidence they require; however, budgets often are limited and specialists, able to use the software effectively, are not found in abundance. This is further aggravated by a rapidly altering threat landscape, where this shortage of tools and personnel, to perform the investigations, implies that cyber forensics is fighting a losing battle. The investigation proved that volatile and virtual memory capture yields forensically significant data and sensitive material. It also proves the privacy mode is unsafe in most browsers, but significantly, and more importantly, it shows that TOR browser is very unsafe.
533
74683
Investigating Suicide Cases in Attica, Greece- Insight from an Autopsy-Based Study
Abstract:
Introduction: The aim of this study is the investigation of characteristics of suicide, as documented in autopsies during a five-year interval in the greater area of Attica, including the city of Athens. This could reveal possible protective or aggravating factors for suicide risk during a period strongly associated with the Greek debt crisis. Materials and Methods: Data was obtained following registration of suicide cases among autopsies performed in the Forensic Medicine and Toxicology Department, School of Medicine, National and Kapodistrian University of Athens, Greece, during the time interval from January 2011 to December 2015. Anonymity and medical secret were respected. A series of demographic and social factors in addition to special characteristics of suicide were entered into a specially established pre-coded database. These factors include social data as well as psychiatric background and certain autopsy characteristics. Data analysis was performed using descriptive statistics and Fisher’s exact test. The software used was STATA/SE 13 (Stata Corp., College Station, TX, USA). Results: A total of 162 cases were studied, 128 men and 34 women. Age ranged from 14 to 97 years old with an average of 53 years, presenting two peaks around 40 and 60 years. A 56% of cases were single/ divorced/ widowed. 25% of cases occurred during the weekend, and 66% of cases occurred in the house. A predominance of hanging as the leading method of suicide (41.4%) followed by jumping from a height (22.8%) and firearms (19.1%) was noted. Statistical analysis showed an association was found between suicide method and gender (P < 0.001, Fisher’s exact test); specifically, no woman used a firearm while only one man used medication overdose (against four women). Discussion: Greece has historically been one of the countries with the lowest suicide rates in Europe. Given a possible change in suicide trends during the financial crisis, further research seems necessary in order to establish risk factors. According to our study, suicide is more frequent in men who are not married, inside their house. Gender seems to be a factor affecting the method of suicide. These results seem in accordance with the international literature. Stronger than expected predominance in male suicide can be associated with failure to live up to social and family expectations for financial reasons.
532
74295
Recognition and Protection of Indigenous Society in Indonesia
Abstract:
The structure of Indonesian society is variety and consists of many ethnic cultures. They have their own existence and organized by the national law. Some conflicts occurred between ethnic and government law. This study was to analyze the complexity protection of custom society and their right tradition, especially land conflicts. This is qualitative research. The data were collected by literature review, interview, and observation. The data were analyzed by using the interactive model of analysis from Miles & Huberman. The result indicates that the right of indigenous people was protected, but practically government impose the law that harms them for reasons of national interest.
531
74256
A Case Study of Misinterpretation of Results in Forensic DNA Cases Due to Expression of Y- Chromosome in Females
Abstract:
The gender of an individual in forensic DNA analysis is normally accessed by using the STR multiplexes with the incorporated gender based marker amelogenin or in other words by presence or absence of Y-Chromosome, but it may not be true in all the cases. We hereby report an interesting case of a phenotypic female carrying a male karyotype (46XY). In the alleged murder case, the deceased female with XY genotype was noticed. The expression of 18 Y-linked genes was studied to measure the extent of expression. Expression at 4 loci was observed that might have caused the misinterpretation in forensic casework. This clinical situation of the deceased in this case was diagnosed as testicular feminization syndrome, which characterize a female phenotype with a male karyotype (46, XY). Most of these cases have SRY (testis determining factor). The genetic explanation of this phenomenon is not very clear. Here, we are discussing the impact of such situations of genetic discrepancy in forensic interpretation of results. In the presented murder case of a phenotypic female, sexual assault was also suspected. For confirmation vaginal swabs and micro slides were also sent to us for DNA examination. After DNA analysis using STR markers, Y-chromosome was detected in the samples which supporting the suspicion of sexual assault before murder. When the reference blood sample of the deceased was analyzed, it was found to be case of testicular feminization syndrome. Interesting inferences were made from the results obtained.
530
74241
Corporate Governance Practices in Developing Countries: An Inter-Industry Comparison from India
Abstract:
Corporate governance is concerned with increasing the transparency, accountability and fairness in an organization. This paper conducts an inter-industry comparison to analyze if the corporate governance level varies across various industries. Such a comparison is important as researchers have analyzed the relation between corporate governance and product market competition, ownership structure, global exposure etc. (which varies among various industries). However, to our best knowledge, a comprehensive and a formal inter-industry comparison has not been drawn so far in the literature. Corporate governance level of 420 non-financial sample firms has been assessed keeping the revised Clause 49 as the benchmark. The reason behind using the revised Clause 49 as a basis to assess the level of governance lies in its uniform applicability to all the listed companies. The results reveal that the corporate governance level is highest for ICT and pharmaceutical sector companies, which have relatively higher global exposure compared to the other sectors in India. Also, the governance level is least for the oil, gas and power sector which can be explained by the dominance of public sector companies in this industry. The reason behind the lower level of corporate governance in public sector companies can be attributed to the difference in the institutional set-ups of public and private sector enterprises.
529
74236
Heroin and Opiates Metabolites Tracing by Gas-Chromatography Isotope Ratio Mass Spectrometry
Abstract:
’Poppy-seed defense’ has been a serious problem all over the world that is because the opiates metabolites in urine are difficult to distinguish where they come from precisely. In this research, a powerful analytic method has been developed to trace the opiates metabolites in urine by Gas-Chromatography Isotope ratio Mass Spectrometry (GC-IRMS). In order to eliminate the interference of synthesis to heroin or metabolism through the human body, opiates metabolites in urine and sized heroin were hydrolyzed to morphine. Morphine is the key compound for tracing between opiates metabolites and seized heroin in this research. By matching δ¹³C and δ15N values through morphine, it is successful to distinguish the opiates metabolites coming from heroin or medicine. We tested ten heroin abuser’s metabolites and seized heroin in crime sites, the result showed that opiates metabolites coming from seized heroin, the variation of δ¹³C and δ¹⁵N for morphine are within 0.2 and 2.5‰, respectively. The variation of δ¹³C and δ¹⁵N for morphine are reasonable with the result of matrix match experiments. Above all, the uncertainty of ‘Poppy-seed defense’ can be solved easily by this analytic method, it provides the direct evidence for judge to make accurate conviction without hesitation.
528
73907
The Right to Water in the Lancang-Mekong River Basin Disputes
Abstract:
The Langcang-Mekong River is the most important international watercourse in mainland Southeast Asia. In recent years, the six riparian states, China, Myanmar, Laos, Thailand, Cambodia and Vietnam, have confronted increasing disputes over the use of the trans-boundary water. To settle these disputes and protect the fundamental right to water, quite a few inter-state mechanisms have been established, such as the Mekong River Commission, the economic cooperation program of the Greater Mekong Subregion, the ‘Belt and Road Initiative’ and the ‘Lancang-Mekong Cooperation Mechanism’ and the ‘Lower Mekong Initiative’. Non-Governmental Organizations (NGOs) have also been an important and constructive institutional entrepreneur in trans-boundary water governance. Although the status and extent of the right to water are yet to be clearly defined, this paper aims to 1) unpack how the right to water is interpreted and exercised in the Lancang-Mekong River Basin Dispute; and 2) to evaluate the roles of the right to water in settling international water disputes. To achieve these objectives, Secondary data such as archival documents of international law and relevant stakeholders will be compiled for analysis. First-hand information about the organizational structure, accountability, values and strategies of the international mechanisms and NGOs in question will also be collected through fieldwork in the Mekong river basin. Semi-structural interviews, group discussions and participatory observation will be conducted to collect data. The authors have access to the fieldwork because they have abundant experience of collaborating with Mekong-based international NGOs in previous research projects. This research will display how the concepts and principles of international law and the UN guidelines are interpreted in practice. These principles include the definition and extent of the right to water, the practical use of ‘vital human need’, the indicators of ‘adequacy of water’ including ‘availability, quality and accessibility’, and how the right to water is related to the progressive realization of the right to life. This down-to earth research will enrich the theoretical discussion of international law, particularly international human rights law, within the UN framework. Moreover, the outcomes of this research will provide new insights into the roles that the right to water might play in consensus-building and dispute settlement in a rapidly changing context, where water is pivotal for poverty alleviation, biodiversity conservation and the promotion of sustainable livelihoods.
527
73784
Sri Lankan Contribution to Peace and Security in the World: Legal Perspective
Abstract:
Suppressing terrorism and ensuring peace and security of the people is one of the topics which have gained serious attention of the world community. Commissions of terrorist activities, locally and internationally lead to an uncertainty of peace and security, violations of human rights of the people. Thereby it demands stringent security laws and strong criminal justice systems, both at domestic and international levels. This paper intends to evaluate security laws in Sri Lanka through the criminal justice perspective, including their efficacy in relation to combat terrorism. The paper further intends to discuss the importance of such laws in upholding the peace and security at both local and universal levels. The paper argues that the term ‘efficacy’ does not stand for, sending people to jail at large-scale, but the ability to combat terrorism crime without violating the rights of the innocent people. The qualitative research method is followed to conduct this research which contains an extensive examination of security laws available as counter-terrorism laws in Sri Lanka with the relevant international standards adopted by the UN treaties. Primary sources which are relevant to the research, including judicial pronouncements are also discussed in this regard. Secondary sources such as reports, research articles and textbooks on this topic and information available on the internet are also reviewed in this analysis.
526
73728
The Lived Experience of Thai Mothers Living with HIV in Southern Thailand
Abstract:
Mothers living with HIV tend to experience stigma and discrimination which has an impact on their psychological and social well-being and their human rights. This paper explores the lived experience of Thai mothers with HIV in their family. In-depth interviewing and drawing methods were employed to gain a deep understanding on the experience of 30 HIV-positive mothers in the southern community of Thailand. The data was analyzed using thematic analysis method. We found that the majority of HIV-positive mothers learned about their HIV status through blood test services during their antenatal care, but some decided to visit a doctor when their partner became chronically frail and showed some signs indicating HIV/AIDS. Learning about their HIV gave them a great shock, and they could not believe that they were infected with HIV/AIDS. They feared that their illness would be disclosed and hence attempted to keep their HIV secret. This was due to the fact that people in their community would blame and labeled them as a ‘disgusting person’. Besides, they would be separated from social contacts and networks, their individual rights would be disregarded, and their potential roles would be restricted. Although participants suggested that people had more positive view on HIV-infected person nowadays, all still wanted to keep it secret because of fear of stigma and discrimination. Thai health care has provided various kinds of support programs, but many mothers chose not to participate due to the fear of disclosure. However, the women attempted to seek some strategies to live a life which would be more acceptable by the community. We conclude that HIV is still seen as a stigmatised disease in rural community of southern Thailand. Local health care providers and relevant sectors in the locality should create suitable programs to enhance self-worth among those HIV-positive mothers because this could increase a quality of life of this vulnerable mothers. Providing sufficient and appropriate supports for better emotional wellbeing is an essential role of health professionals so that the feeling of isolation among these women could be eliminated and positive social justice can be achieved.
525
73724
The Proactive Approach of Digital Forensics Methodology against Targeted Attack Malware
Abstract:
Each individual organization has their own mechanism to build up cyber defense capability in protecting their information infrastructures from data breaches and cyber espionage. But, we can not deny the possibility of failing to detect and stop cyber attacks especially for those targeting credential information and intellectual property (IP). In this paper, we would like to share the modern approach of effective digital forensic methodology in order to identify the artifacts in tracing the trails of evidence while mitigating the infection from the target machine/s. This proposed approach will suit the digital forensic investigation to be conducted while resuming the business critical operation after mitigating the infection and minimizing the risk from the identified attack to transpire. Therefore, traditional digital forensics methodology has to be improvised to be proactive which not only focusing to discover the root caused and the threat actor but to develop the relevant mitigation plan in order to prevent from the same attack.
524
73452
The Applicability of General Catholic Canon Law during the Ongoing Migration Crisis in Hungary
Authors:
Abstract:
The vast majority of existing canonical studies about migration are focused on examining the general pastoral and legal regulations of the Catholic Church. The weakness of this approach is that it ignores a number of important factors; like the financial, legal and personal circumstances of a particular church or the canonical position of certain organizations which actually look after the immigrants. This paper is a case study, which analyses the current and historical migration related policies and activities of the Catholic Church in Hungary. To achieve this goal the study uses canon law, historical publications, various instructions and communications issued by church superiors, Hungarian and foreign media reports and the relevant Hungarian legislation. The paper first examines how the Hungarian Catholic Church assisted migrants like Armenians fleeing from the Ottoman Empire, Poles escaping during the Second World War, East German and Romanian citizens in the 1980s and refugees from the former Yugoslavia in the 1990s. These events underline the importance of past historical experience in the development of contemporary pastoral and humanitarian policy of the Catholic Church in Hungary. Then the paper turns to the events of the ongoing crisis by describing the unique challenges faced by churches in transit countries like Hungary. Then the research contrasts these findings with the typical responsibilities of churches in countries which are popular destinations for immigrants. The next part of the case study focuses on the changes to the pre-crisis legal and canonical framework which influenced the actions of hierarchical and charity organizations in Hungary. Afterwards, the paper illustrates the dangers of operating in an unclear legal environment, where some charitable activities of the church like a fundraising campaign may be interpreted as a national security risk by state authorities. Then the paper presents the reactions of Hungarian academics to the current migration crisis and finally it offers some proposals how to improve parts of Canon Law which govern immigration. The conclusion of the paper is that during the formulation of the central refugee policy of the Catholic Church decision makers must take into consideration the peculiar circumstances of its particular churches. This approach may prevent disharmony between the existing central regulations, the policy of the Vatican and the operations of the local church organizations.
523
73417
Health, social Integration and Social Justice: The Lived Experiences of Young Middle-Eastern Refugees in Australia
Abstract:
Based on the therapeutic landscape theory, this paper examines how young Middle-Eastern refugee individuals perceive their health and well-being and address the barriers they face in their new homeland and the means that helped them to form social connections in their new social environment. Qualitative methods (in-depth interviews and mapping activities) were conducted with ten young people from refugee backgrounds. Thematic analysis method was used to analyse the data. Findings suggested that the young refugees face various structural and cultural inequalities that significantly influenced their health and well-being. Mental health well-being was their greatest health concern. All reported the significant influence the English language had on their ability to adapt and form connections with their social environment. The presence of positive social support in their new social environment had a great impact on the health and well-being of the participants. The findings of this study have implications for social justice among refugees. They also contributed to the role of therapeutic landscapes and social support in helping young refugees to feel that they belonged to the society, and hence assisted them to adapt to their new living situation.
522
73404
Intellectual Property Rights and Health Rights: A Feasible Reform Proposal to Facilitate Access to Drugs in Developing Countries
Abstract:
The non-effectiveness of certain codified human rights is well established nowadays. This is particularly true, with reference to the lack of access to essential drugs in developing countries, which represents a breach of the human right to receive adequate health assistance. This paper underlines the conflict and the legal contradictions between human rights, namely health rights, international Intellectual Property Rights, in particular patent law, as well as international trade law. The hierarchy of values and stakeholders established in Trade- Related Aspects of Intellectual Property Rights. Agreement for drug patents is analyzed and discussed from the legal philosophy vantage point. Moreover, the paper discusses the crucial links between R&D costs for innovation, patents and new medical drugs, with the goal of reformulating the hierarchies of priorities and of interests at stake in the international IP law system. In particular, International patent law should be an instrument able to balance an (a)symmetry (axiological) between the conflicting needs at stake, which is not the case today. The paper also gives an overview on TRIPs relevant dispositions for the access-to-drugs problem, such as (e.g.) compulsory licences and exhaustion principle, as well as on current reform proposals. The core argument in the paper is the proposal of an alternative pathway, namely a feasible proposal for a patent law reform. Intellectual property laws tend to balance the benefits deriving from innovation with the costs of the provided monopoly, but since developing countries and industrialized countries are in completely different political and economic situations, it is necessary to (re)modulate such exchange according to the different needs. Based on this critical analysis, the paper puts forward a proposal, called Trading Time for Space (TTS), whereby a longer time for patent exclusive life in western countries (Time) is offered to the patent holder company, in exchange for the latter selling the medical drug at cost price in developing countries (Space). Accordingly, pharmaceutical companies should be obliged to sell drugs in developing countries at the cost price, or to grant a license to such countries for free, meaning without any royalty or fee, but such social service shall be duly compensated. The consideration for such a service shall be an extension of the temporal duration of the patent’s exclusive in the country of origin, that will compensate the reduced profits caused by the supply at the price cost in developing countries. The TTS reform scheme proposal is outlined in the paper and will be discussed in the context of alternative schemes, such as the Health Impact Fund proposed by Pogge and Hollis.
521
73072
Need of National Space Legislation for Space Faring Nations
Abstract:
The need for national space legislation is pivotal, particularly in light of the fact that in recent years space activities have grown immensely both in volume and diversity. Countries are progressively developing capabilities in space exploration and scientific discoveries, market their capabilities to manufacture satellites, provide launch services from their facilities and looking to privatize and commercialize their space resources. Today, nations are also seeking to comprehend the technological and financial potential of the private sector and are considering to share their financial burdens with them and limit their exposures to risks but they are lag behind in legal framework in this regard. In the perspective of this emerging developments, it is therefore, felt that national space legislation should be enacted with the goal of building and implementing vibrant and transparent legal framework at the national level to hasten investments and to ensure growth in this capital intensive - highly yield strategic sector. This study look at (I) the international legal framework that govern space activities; (II) motivation behind making national space laws; (III) need for national space legislation. The paper concludes with some recommendations with regards to the conceivable future direction for national space legislation in particular space empowered sub-areas for countries.
520
73047
Consequences of Sentence on Children's Socialization: Exploratory Study of Criminal Women of Punjab, Pakistan
Abstract:
This paper inspects the effects of the sentenced criminal women upon the socialization of their children, in the Pakistani context. The objectives of the study are to find out the socio-psychological and cultural effects of the jail environment on the children and behavior of sentenced women towards their children as well as analyze the facilities provided by the jail authorities for the socialization of the women. Quantitative variables and qualitative thematic variables caused by the opinions through open-ended questionnaire were collected and analyze by applying statistical measures, e.g. Social Sciences Package for Social Sciences (SPSS), to reflect out the results. It was found that the sentence of women shatters the socialization process of their children which commonly leads them to criminality. The government should review the ongoing sentence policies for an improvement and betterment. For this purpose, the idea of socialization centers would be a healthy initiative.
519
72613
Organizational Change in the FBI after 9/11: An Institutional Theoretical Analysis
Authors:
Abstract:
This study will examine the impact of September 11, 2001, terrorist attacks on the organizational development of American federal law enforcement through focusing on the Federal Bureau of Investigation. Content analysis of discourse in a federal law enforcement practitioner publication along with official FBI statements will be used to gain a better understanding of FBI organizational changes that have taken place since the events of September 11, 2001. Analysis of content trends in the FBI Law Enforcement Bulletin and public discourse of FBI officials from 1999 to 2005 indicate that, in addition to structural changes, the bureau has also undergone a variety of cultural changes. The results offer some support for the institutional theoretical perspective, suggesting that post-9/11 organizational changes such as new mission priorities and the establishment of new branches were partially initiated due to a variety external pressures, which lends support for coercive isomorphism. Furthermore, structural changes are discussed in relation to the attainment and maintenance of organizational legitimacy.
518
72399
The Applicability of Just Satisfaction in Inter-State Cases: A Case Study of Cyprus and Turkey
Authors:
Abstract:
The European Court of Human Rights (hereinafter ECtHR) delivered its judgment of just satisfaction on the case of Cyprus v. Turkey, ordering a lump sum of 9,000,000 euros as the just compensation. It is the first time that the ECtHR applied the Article 41 of just compensation in an inter-state case, and it stands as the highest amount of just compensation awarded in the history of the ECtHR. The Cyprus v. Turkey case is considered to represent the most crucial contribution to European peace in the history of the court. This thesis uses the methodologies of textual research, comparison analysis, and case law study to go further on the following two questions specifically:(i) whether the just compensation is applicable in an inter-state case; (ii) whether such just compensation is of punitive nature. From the point of view of the general international law, the essence of the case is the state's responsibility for the violation of individual rights. In other words, the state takes a similar diplomatic protection approach to seek relief. In the course of the development of international law today, especially with the development of international human rights law, States that have a duty to protect human rights should bear corresponding responsibilities for their violations of international human rights law. Under the specific system of the European Court of Human Rights, the just satisfaction for article 41 is one of the specific ways of assuming responsibility. At the regulatory level, the European Court of Human Rights makes it clear that the just satisfaction of article 41 of the Convention does not include punitive damages, as it relates to the issue of national sovereignty. It is undeniable that just satisfaction has inherent punish ability because the relief to the victim and the punishment to the responsible State are two closely integrated aspects of responsibility.
517
72376
A Historical Overview of the General Implementation of the European Union Market Abuse Directive in the United Kingdom before the Brexit and Its Future Implications
Abstract:
The European Union (EU) was probably the first body to establish multinational anti-market abuse laws aimed at enhancing the detection and curbing of cross-border market abuse activities in its member states. Put differently, the EU Insider Dealing Directive was adopted in 1989 and was the first law that harmonised the insider trading ban among the EU member states. Thereafter, the European Union Directive on Insider Dealing and Market Manipulation (EU Market Abuse Directive) was adopted in a bid to improve and effectively discourage all the forms of market abuse in the EU’s securities and financial markets. However, the EU Market Abuse Directive had its own gaps and flaws. In light of this, the Market Abuse Regulation and the Criminal Sanctions for Market Abuse Directive were enacted to repeal and replace the EU Market Abuse Directive in 2016. The article examines the adequacy of the EU Market Abuse Directive and its implementation in the United Kingdom (UK) prior to the British exit (Brexit). This is done to investigate the possible implications of the Brexit referendum outcome of 23 June 2016 on the future regulation of market abuse in the UK.
516
71965
Rethinking Nigeria's Foreign Policy in the Age of Global Terrorism
Abstract:
This paper examines Nigeria’s foreign policy in the age of global terrorism. It worth saying that the threat of ‘terrorism’ is not peculiar to Western and Middle Eastern countries alone, its tentacles are now spreading all over, Africa inclusive. The issue of domestic terrorism in Nigeria has become pervasive since the return of democratic rule in 1999. This development has never been a witness in any form throughout the year of statehood in Nigeria, the issues of banditry, armed robbery, ritual killing, and criminal activities like kidnapping and pipeline vandalization, the breakdown of law and order, poorly managed infrastructural facilities and corruption remain synonymous to Nigeria. These acts of terrorism no doubt have constituted a challenge that necessitates the paradigm shift in Nigeria’s foreign policy. The study employed the conceptual framework of analysis to lead interrogation; secondary sources were used to generate data while descriptive and content analysis were considered for data presentation and interpretation. In view of the interrogation and discussion on the subject matter, the paper revealed that Nigerian government underrated and underestimated the strength of terrorism within and outside her policy hence, it becomes difficult to address. As a response to the findings and conclusion of the study, the paper recommends among others that Nigeria’s foreign policy has to be rethought, reshaped and remodeled in cognizance to the rising global terrorism for peace, growth and development in the country.
515
71846
Official Secrecy and Confidentiality in Tax Administration and Its Impact on Right to Access Information: Nigerian Perspectives
Abstract:
Official secrecy is one of the colonial vestiges which upholds non – disclosure of essential information for public consumption. Information, though an indispensable tool in tax administration, is not to be divulged by any person in an official duty of the revenue agency. As a matter o fact, the Federal Inland Revenue Service (Establishment) Act, 2007 emphasizes secrecy and confidentiality in dealing with tax payer’s document, information, returns and assessment in a manner reminiscent of protecting tax payer’s privacy in all situations. It is so serious that any violation attracts criminal sanction. However, Nigeria, being a democratic and egalitarian state recently enacted Freedom of Information Act which heralded in openness in governance and takes away the confidentialities associated with official secrets Laws. Official secrecy no doubts contradicts the philosophy of freedom of information but maintaining a proper balance between protected rights of tax payers and public interest which revenue agency upholds is an uphill task. Adopting the Doctrinal method, therefore, the author of this paper probes into the real nature of the relationship between taxpayers and Revenue Agencies. It also interfaces official secrecy with the doctrine of Freedom of Information and consequently queries the retention of non – disclosure clause under Federal Inland Revenue Service (Establishment) Act (FIRSEA) 2007. The paper finds among others that non – disclosure provision in tax statutes particularly as provided for in FIRSEA is not absolute; so also is the constitutional rights and freedom of information and unless the non – disclosure clause finds justification under any recognized exemption provided under the Freedom of Information Act, its retention is antithesis to democratic ethos and beliefs as it may hinder public interest and public order.
514
71679
Challenge of the Credibility of Witnesses in International Criminal Court and the Precondition to Establish the Truth
Authors:
Abstract:
In the fight against hideous crimes and impunity, a fundamental role is played by witnesses of the crimes in light of their contribution in ascertaining the ‘procedural truth’. Accordingly, the moral obligation of a witness under oath is to tell the truth. However, International Criminal Court is facing a real threat endangering the integrity of the proceeding as a consequence of witness tampering. After a first-ever sentence confirming the charges which involve the offenses of corruptly influencing witnesses, presenting false evidence and giving false testimony when under an obligation to tell the truth, there is a new commentary development in the meaning of Article 70 of the Rome Statute. Under Article 70, it is a criminal offense for anyone to attempt to corruptly influence witnesses or tamper with evidence, or present evidence known to be false. Meanwhile, facing recent attempts to tamper with witnesses in the ongoing cases, the Court needs to perform unforeseen activities in relation to Article 70 violations and strengthen the enforcement regime. As the credibility of the witnesses is in jeopardy and the offenses against the administration of justice when committed intentionally are increasing, the Court should not tolerate any witness false testimony and should prosecute any conduct that is intended to disturb the credibility of fair proceedings. This article explores a commentary of Article 70, the credibility of witnesses’ testimonies in the International Criminal Court’s final decisions and forms of influencing the defense witnesses and interfering with prosecution witnesses.
513
71596
Awakening in Nigerian Democracy: The Change of Government in 2015 General Election
Authors:
Abstract:
The democratic dispensation in Nigeria witnessed allot of changes since its beginning up to the 2015 election. The issues of zoning formula, rigging, money politics, god fatherism, and political thuggery among the youths became the centre stage from 1999-2014. But 2015 came with new tune that brings about a little shift from the traditional politics mentioned above, the political socialisation and knowledge penetrated into the sense of electorate where people suddenly change and look for the better option. The paper will examine the democratic change in relation to the 2015 General election which brings General MohammaduBuhari on the mantle of leadership of Nigeria. Many reasons were attributed to the sudden change of government in Nigeria, but the major ones are lack of good governance, corruption, insecurity, political parties’ merger to formed APCand change in INEC leadership. Others are weakness of the leadership and undemocratic nature of PDP government at different level in the country. The glamor for change became necessary because People become more informs about the manifestation of good hope and better Nigeria from the major opposition party (APC). During 2015 election the electorate voted the incumbent government out and replaced it with their choice.
512
71582
Understanding Innovation by Analyzing the Pillars of the Global Competitiveness Index
Abstract:
Global Competitiveness Index (GCI) prepared by World Economic Forum has become a benchmark in studying the competitiveness of countries and for understanding the factors that enable competitiveness. Innovation is a key pillar in competitiveness and has the unique property of enabling exponential economic growth. This paper attempts to analyze how the pillars comprising the Global Competitiveness Index affect innovation and whether GDP growth can directly affect innovation outcomes for a country. The key objective of the study is to identify areas on which governments of developing countries can focus policies and programs to improve their country’s innovativeness. We have compiled a panel data set for top innovating countries and large emerging economies called BRICS from 2007-08 to 2014-15 in order to find the significant factors that affect innovation. The results of the regression analysis suggest that government should make policies to improve labor market efficiency, establish sophisticated business networks, provide basic health and primary education to its people and strengthen the quality of higher education and training services in the economy. The achievements of smaller economies on innovation suggest that concerted efforts by governments can counter any size related disadvantage, and in fact can provide greater flexibility and speed in encouraging innovation.
511
71566
The Third Islamic Defend Action: The Completeness Model of Islamic Peace Movement in Indonesia
Abstract:
On December 2, 2016 occurred mass movements in Indonesia, led by the National Movement of Fatwa Guard, Indonesian Ulema Council (GNPF MUI). This movement is named 212 in accordance with the date, and also called The Third Islamic Defend Action, a continued movement of Islamic defend earlier (November 4, 2016 and October 14, 2016). All three movements have raised the issue of the demand that Basuki Tjahaja Purnama (Jakarta governor) also known as Ahok put on trial for allegedly insulting the Quran. The interesting view of this movement is that: first, the great social movement could emerge from a small but sensitive issues. Second, although this movement followed by radical Islamic groups, that movement known as the largest and most peaceful Islamic Movement in Indonesia. Third, the movement succeeded in answer the doubts of many parties that the social movements with large masses can not maintain security, order, and even the cleanliness of the site action. What causes all this happen? First, the emphasis on the use of basic religious elements that Islam is love for peace. Second, the role of leadership that is trusted and based on religious relationship. Third, this movement is well organized and trying reflect Islamic values.
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71490
Striking a Balance between Certainty and Flexibility: The Role of Ubuntu in South African Contract Law
Abstract:
The paper examines the concept of ubuntu and the extent to which it can play a role in ensuring fairness and justice in contractual relationships. Courts are expected to balance sanctity of contract and fairness. Public policy is currently a mechanism which is used by courts when balancing the above two competing interests. It, however, generally favours the freedom and sanctity of contract. The question which is addressed in this paper is whether the concept of ubuntu is an alternative mechanism that may be used to mitigate the sometimes harsh and unfair consequences of the doctrine of freedom and sanctity of contract. A comparative study and case analysis is the methodology that is used in this article. Unfairness in contracts is generally related to the problem of inequality in bargaining power underscored by deeply entrenched social and economic inequalities that are a consequence of apartheid and patriarchy. The transformative nature of the constitution demands the inclusion of African legal ideas and values in the legal order. There is a need for the harmonisation of western ideals which are based on the classical model of law of contract with relevant African principles. In order to attain a transformative legal order that promotes a societal transformation and enhances the lives of everyone courts cannot continue to frown upon African values. Ubuntu has the potential of steering the law of contract in a more equitable direction. The substantive rules of contract law undoubtedly need to be infused with the notion of ubuntu. The reconciliation of Western and African values is at the heart of legal transformation.
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71486
Euthanasia as a Case of Judicial Entrepreneurship in India: Analyzing the Role of the Supreme Court in the Policy Process of Euthanasia
Abstract:
Euthanasia in India is a politically dormant policy issue in the sense that discussions around it are sporadic in nature (usually with developments in specific cases) and it stays as a dominant issue in the public domain for a fleeting period. In other words, it is a non-political issue that has been unable to successfully get on the policy agenda. This paper studies how the Supreme Court of India (SC) plays a role in euthanasia’s policy making. In 2011, the SC independently put a law in place that legalized passive euthanasia through its judgement in the Aruna Shanbaug v. Union of India case. According to this, it is no longer illegal to withhold/withdraw a patient’s medical treatment in certain cases. This judgement, therefore, is the empirical focus of this paper. The paper essentially employs two techniques of discourse analysis to study the SC’s system of argumentation. The two methods, Text Analysis using Gasper’s Analysis Table and Frame Analysis – are complemented by two discourse techniques called metaphor analysis and lexical analysis. The framework within which the analysis is conducted lies in 1) the judicial process of India, i.e. the SC procedures and the Constitutional rules and provisions, and 2) John W. Kingdon’s theory of policy windows and policy entrepreneurs. The results of this paper are three-fold: first, the SC dismiss the petitioner’s request for passive euthanasia on inadequate and weak grounds, thereby setting no precedent for the historic law they put in place. In other words, they leave the decision open for the Parliament to act upon. Hence the judgement, as opposed to arguments by many, is by no means an instance of judicial activism/overreach. Second, they define euthanasia in a way that resonates with existing broader societal themes. They combine this with a remarkable use of authoritative and protective tones/stances to settle at an intermediate position that balances the possible opposition to their role in the process and what they (perhaps) perceive to be an optimal solution. Third, they soften up the policy community (including the public) to the idea of passive euthanasia leading it towards a Parliamentarian legislation. They achieve this by shaping prevalent principles, provisions and worldviews through an astute use of the legal instruments at their disposal. This paper refers to this unconventional role of the SC as ‘judicial entrepreneurship’ which is also the first scholarly contribution towards research on euthanasia as a policy issue in India.
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71425
Threat of Islamic State of Khorasan in Pakistan and Afghanistan Region: Impact on Regional Security
Authors:
Abstract:
The growing presence and operational capacity of Islamic State aka Daesh, which emerged in Pak-Afghan region in 2015, poses a serious threat to the already fragile state of the security situation in the region. This paper will shed light on the current state of IS-K network in the Pak-Afghan region and will explain how its presence and operational capacity in the northern and central Afghanistan has increased despite intensive military operations against the group in Nangarhar province – the stronghold of IS-K. It will also explore the role of Pakistani Taliban in the emergence and expansion of IS-K in the region and will unveil the security implication of growing nexus of IS-K and transnational organized groups for the region in Post NATO withdrawal scenario. The study will be qualitative and will rely on secondary and primary data to explore the topic. For secondary data existing literature on the topic will be extensively reviewed while for primary data in-depth interviews will be conducted with subject experts, Taliban commanders, and field researchers.
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71411
Protection of Website Owners' Rights: Proportionality of Website Blocking in Russia and Beyond
Abstract:
The article explores the issue of website owners’ liability for the illicit content. Whilst various issues of secondary liability of internet access providers for the illicit content have been widely discussed in the law doctrine, the liability of website owners has attracted less attention. Meanwhile, the website blocking injunctions influence website owners’ rights most, since website owners have the interest to keep their website online, rather than internet access providers. The discussion of internet access providers’ liability overshadows the necessity to protect the website owners’ rights to due process and proportionality of blocking injunctions. The analysis of Russian website blocking regulation and case law showed that the protection of website owners’ rights depends on the kind of illicit content: some content induces automatic blocking injunctions without prior notice of website owners and any opportunity to appeal, while other content does not invoke automatic blocking and provides an opportunity for the website owner to avoid or appeal an injunction. Comparative analysis of website blocking regulations in European countries reveals different approaches to the proportionality of website blocking and website owner’s rights protection. Based on the findings of the study, we conclude that the global trend to impose website blocking injunctions on wide range of illicit content without due process of law interferes with the rights of website owners.
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Philippine National Police Strategies in the Implementation of 'Peace and Order Agenda for Transformation and Upholding of the Rule-Of-Law' Plan 2030
Abstract:
The study assessed the Philippine National Police strategies in the implementation of ‘Peace and Order Agenda for Transformation and Upholding of the Rule-of-Law’ P.A.T.R.O.L Plan 2030. Its operational roadmap presents four perspectives which include resource management, learning and growth, process excellence; and community. Focused group discussion, observation, and distribution of survey questionnaire to selected PNP officers and community members were done to identify and describe the implementation, problems encountered and measures to address the problems of the PNP P.A.T.R.O.L Plan 2030. In resource management, PNP allocates most sufficient funds in providing service firearms, patrol vehicle, and internet connections. In terms of learning and growth, the attitude of PNP officers is relatively higher than their knowledge and skills. Moreover, in terms of process excellence, the PNP use several crime preventions and crime solution strategies to deliver an immediate response to calls of the community. As regards, community perspective, PNP takes effort in establishing partnership with community. It is also interesting to note that PNP officers and community were both undecided on the existence of problems encountered in the implementation of P.A.T.R.O.L Plan 2030. But, they had proactive behavior as they agreed on all the specified measures to address the problems encountered in implementation of PNP P.A.T.R.O.L. Plan 2030. A strategic framework, based on the findings was formulated in this study that could improve and entrench the harmonious working relationship between the PNP and stakeholders in the enhancement of the implementation of PNP P.A.T.R.O.L. Plan 2030.