SRPN: Legal & Enforcement Issues (Topic)最新文献

{"title":"Investigation and Determination of the Best Strategy for Sustainable Development of Nomadic Areas of Iran Based on the Rights of Local Societies","authors":"Mohammad Pakrah, Abbas Poorhashemi, Parvin Mohamadzadeh","doi":"10.2139/ssrn.3588392","DOIUrl":"https://doi.org/10.2139/ssrn.3588392","url":null,"abstract":"About 2 percent of the total population of Iran are nomads. Despite the fact that the population of the nomadic community is less than the population of the urban community and the rural community and the products of this society are more than urban’s and rural’s societies products but their uses of facilities and services are less than urban and rural communities. There are documented reasons for this claim: having over 24 million livestock units (equivalent to 28% light livestock and 4% heavy livestock), producing more than 20% of red meat and producing over 1.5 million square meters of country handicrafts by nomads. This society, with possession of 60% of the geographic space of Iran and 38% of its pastures, plays a very important role from the standpoint of non-operational defense as well as national security in Iran. Also, products of this society, as the first ring of the production chain, support other businesses outside the nomadic areas in the fields of industry, commerce, and services, etc. The set of these capabilities identifies the status of local communities and nomadic areas in Iran’s economic, social and environmental equations and emphasizes the need to examine and determine the best sustainable development strategy for these regions and the local community active in it This article, by studying and identifying the internal and external factors affecting the local community and nomadic areas, by highly applicable scientific and practical method, Called SWOT method, draws the interaction matrix of these factors. In this way, the best strategy for the sustainable development of nomadic areas of Iran, based on the rights of local communities will be defined and presented. Obviously, by adopting the best sustainable development strategy in the nomadic areas of the country, the next step will be to provide the best sustainable development model for the nomadic areas of the country and Local society active in it.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128877817","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reforming Liberia's Forestry Sector","authors":"S. Siakor","doi":"10.2139/ssrn.3107670","DOIUrl":"https://doi.org/10.2139/ssrn.3107670","url":null,"abstract":"This article highlights the links between natural resource exploitation, corruption, and human rights abuses in conflict and immediate post-conflict situations in the context of Liberia. After contextualising the conflict in Liberia, the author, Silas Siakor, describes how human rights abuses in the Liberian forestry sector occurred in various forms. Militia commanders committed human rights abuses, supported by international logging companies whose senior executives facilitated the procurement and transfer of weapons and military materials. In addition, the logging companies made payments to individuals involved in training militia groups. The author then examines how Liberian civil society, working closely with their international counterparts, have championed reforms in the forestry sector as a strategic approach to curtailing human rights abuses and securing rights for those living in poverty. He describes how, in the decade since the civil war ended, reforms in the sector have led to increased civil society access to logging areas to monitor the conduct of companies, and how once deprived communities now share revenue from logging with central government. The government has also formally recognised certain community rights with respect to the forestry sector. He concludes by noting that despite the progressive legislation in place, some key reform measures have not been fully implemented and argues that the eventual success of these will rely on pressure from the international community.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122000900","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"When the State Gives Back: Trust and Trustworthiness after a Land Restitution Program","authors":"F. Bogliacino, G. Grimalda, Laura Jiménez, Daniel Reyes Galvis, Cristiano Codagnone","doi":"10.2139/ssrn.2808776","DOIUrl":"https://doi.org/10.2139/ssrn.2808776","url":null,"abstract":"Recent research in Economics has sought to understand the effects of exposure to violence on individual preferences, including pro-social behavior. Here, we assess the impact on pro-social behaviour of a governmental program to compensate victims of forced displacement. All our subjects have been officially recognized as victims of a conflict, and, as such, are eligible to apply for restitution of their land within the \"Victims’ Law\" (Ley de Victimas, Bill 1448/2011). The key independent variable of our analysis is whether a subject has obtained land back within this or similar programs. Our dependent variables are a subject's trust and trustworthiness in unknown persons, as measured in a modified version of a Trust Game. We focus on inter-personal trust and trustworthiness because of their well-documented positive effect on economic development. Our design includes a treatment in which subjects vote on their most preferred outcomes to understand whether forms of consultative democracy can engender higher mutual trust. We find that land restitution significantly raises trustworthiness, while there is no effect on trust. This confirms previous insights that trust and trustworthiness tap into different aspects of pro-sociality. Voting does not improve either trust or trustworthiness. The results are robust to controlling for socio-economic status within regression analysis and to the omitted variable bias.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122951720","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Protection of Traditional Knowledge Under International Human Rights","authors":"B. Tiwari","doi":"10.6084/M9.FIGSHARE.1194754.V1","DOIUrl":"https://doi.org/10.6084/M9.FIGSHARE.1194754.V1","url":null,"abstract":"Intellectual property refers to creation of mind, the effect of IPRS is therefore monopoly over commercial exploitation of the idea, for a certain period, while IPRs such as Copyrights, Patents, and Trademarks are centuries old, the extension of IPRS to living being and knowledge related to them is relatively recent. Traditional knowledge widely knows as valuable attributes of biological diversity and is one of the most important sources of sustainable development is most of the developing countries. Traditional knowledge is associated with many areas such as agricultural, medicine, folklore, food, arts and architecture, music, dance etc., when biological resources are main components utilized. This knowledge has been used for centuries by indigenous and local communities under local laws, customs and traditions.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"10 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131479790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"White Collar Crime Penalty Enhancement","authors":"Pinkeshwar Gangwar","doi":"10.2139/SSRN.2305757","DOIUrl":"https://doi.org/10.2139/SSRN.2305757","url":null,"abstract":"The last few years have seen some major scams and corporate collapses across the globe. A key aspect that is being debated in the corridors of India is whether we need major regular changes to improve corporate governance, or whether improved standards of corporate governance could be achieved through adoption of principle based standards of conduct. Perhaps the most vital corporate governance legislation in recent years is the Sarbanes-Oxley Act, 2002 of US which is becoming a global benchmark for internal best practices in corporate governance. The inclusion of White Collar Crime Penalty Enhancement Act, 2002 in the corporate reform package creates new substantive offenses, significantly enhances financial and incarceration penalties, and relaxes some procedural evidentiary requirements for prosecutors. White Collar Crime is not only a crime but a very serious crime with wide and often gory repercussions. Its seriousness can be gauged from the fact that effect of even a few White Collar Crimes on the economic fabric of society can be far more devastating. This paper outlines that it is high time for the Indian corporate sector to draw lessons from the experience of the functioning of the Act in US in order to cope up with the ongoing global reforms in corporate sector, regulatory framework and governance practices.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"68 1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122457928","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"International Experience on Protection of Labour Migrants’ Rights and Its Application to Kyrgyzstan","authors":"K. Anderson, L. Barbone","doi":"10.2139/SSRN.2333158","DOIUrl":"https://doi.org/10.2139/SSRN.2333158","url":null,"abstract":"This paper analyses international experience with regard to protection of labour migrants’ rights and the relevant lessons from this experience for Kyrgyzstan. We look at seven dimensions that help determine outcomes for migrants: how other migrant-sending countries organise migration policy management; institutions developed by other countries to support labour migrants; protection of migrants from abuse by recruiters and employers; accountability of law enforcement and policies to reduce discrimination and abuse of migrant workers; policies that facilitate pension portability for migrants and their access to health care and other social services; the ways other countries mobilise resources from the diaspora for local economic development; and the modes of international cooperation in the areas of migration and human rights. Based on lessons from these dimensions, we develop policy recommendations for Kyrgyzstan.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133231103","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Renvoi Theory, Its Development, Application to Contractual Choice of Law and the Way Forward","authors":"Varun Vaish","doi":"10.2139/SSRN.2355917","DOIUrl":"https://doi.org/10.2139/SSRN.2355917","url":null,"abstract":"It is understood that while every state includes one internal body of law that is applicable to domestic situations, it also includes another body that is applicable to scenarios involving a foreign element. This latter body of rules is commonly referred to as the conflict of law rules. These rules often require a particular forum to apply the law of a foreign state which may be the place of situs of some property, place of domicile for a litigating party, or the place where a contract is signed. Where reference is made to the law of the foreign state, does that reference pertain to the local law of the foreign state or the conflict of law rules of that state will determine whether the court making the reference accepts the doctrine of Renvoi. If reference is made to the conflict of law rules of the foreign state, then the forum making the reference accepts the doctrine.The conflict of law rules for the foreign country may refer the matter back to be dealt with the law of the forum or to the law of a third nation, and such transfers are referred to as remission and transmission respectively. The first ever mention of the term \"Renvoi\" was made in a note in the 1898 issue of Law Quarterly review.It states that at the time, judges of courts in France, Italy and Germany as well as academicians of the time were deeply concerned about the question of Renvoi or Die Riickund-Weiterverweisung as it was called in German. This term, however, was still unheard of in England. The note understands the phenomenon of Renvoi in terms of a 'remission' by a superior court to an inferior court to be further dealt with. The note leaves the question of the validity of Renvoi and its adoption by the English system unanswered. The note is important in that it is the first ever mention of the term Renvoi in English legal writing. The Renvoi question first surfaced in a French Court in 1841 but did not gain importance until later in 1878. Even then, it failed to capture the attention of English Courts. It is believed that each state has the vested right to deal with the legal consequences that arise of facts occurring in that state and in the same vein courts cannot enforce no legal obligations that are created elsewhere. When the court of the forum ‘refers’ to the law of a foreign state, it means that the court will enforce the same right as the foreign court would have enforced faced with a similar factual situation.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-03-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129668614","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Not a Double-Edged Sword: Why U.S. Economic Sanctions Encourage the Pursuit of Nuclear Weapons, but Can't Prevent Their Acquisition","authors":"B. Early","doi":"10.2139/ssrn.2224013","DOIUrl":"https://doi.org/10.2139/ssrn.2224013","url":null,"abstract":"Despite the U.S. Government’s use of economic sanctions as one of its primary counter-proliferation tools, few studies have actually examined their overarching impact on nuclear weapons proliferation. Drawing on the sanctions and nuclear proliferation literatures, I hypothesize that U.S. economic sanctions make their targets more likely to begin pursuing nuclear weapons because of the security concerns they invoke. Yet, being sanctioned by the United States can also undermine their targets’ ability to successfully acquire nuclear weapons. I test whether economic sanctions thus cut both ways in causing their targets to pursue nuclear weapons but preventing their targets from acquiring them via a large-n analysis of 154 countries from 1945-2000. The results indicate that while U.S. economic sanctions dramatically increase their targets’ likelihoods of starting nuclear weapons programs, they are ineffective at preventing their targets from acquiring nuclear weapons. The concluding sections explore the potential reasons for these findings and their policy implications.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"30 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131452310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Article 16 of the Women’s Convention and the Status of Muslim Women at Divorce","authors":"P. Kruiniger","doi":"10.2139/ssrn.2066576","DOIUrl":"https://doi.org/10.2139/ssrn.2066576","url":null,"abstract":"In order to demonstrate the significance of Article 16 (1)(c) Women’s Convention on gender equality and divorce for Muslim women, this article first highlights the importance of the ‘persuasive power’ of the Convention strengthened by - although it is a soft law mechanism - its reporting procedure to CEDAW. As a result, the eagerness of states to create the image of being supportive of equality for women in the international community, as illustrated by Morocco and Pakistan, leads to corrosion of the legitimacy of their discriminating domestic divorce laws as it becomes more and more difficult for these states to justify their application. This process, as such, already indicates a transitional stage towards reform and thus compliance with the Convention. Moreover, these external pressure exerting powers are indispensable for and complementary to the domestic pressure for reforms by NGO’s. Furthermore, an approach from a culturally nuanced perspective in order to further the implementation of Article 16 (1)(c) in Islamic states is advocated in this chapter. It appears that the option of striving for substantive equality or equality of results is more feasible than to strive for the Convention’s requirement of full equality. The latter is at odds with the fundamental Islamic legal principle that either spouse has his/her own modalities of divorce. Morocco is exemplary in this respect as its government - under pressure of NGO’s and CEDAW - has accomplished a balanced system of divorce modalities by introducing an independent accessible, judicial divorce modality for either or both spouses and submitting the repudiation-based divorces to judicial monitoring.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129315030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Climate Change and Environmental Justice: Reflections on Litigation Over Oil Extraction and Rights Violations in Nigeria","authors":"H. Osofsky","doi":"10.4337/JHRE.2010.02.03","DOIUrl":"https://doi.org/10.4337/JHRE.2010.02.03","url":null,"abstract":"This article uses developments in three cases claiming environmental harm and human rights violations arising from Shell Oil’s operations in Nigeria – brought in the United States, the Netherlands, and Nigeria – to explore the complex intersection of transnational corporate responsibility, environmental justice, and climate change. It considers the nature of environmental rights violations in general and those in Nigeria in particular, the barriers to addressing these problems through law, and the ways in which the problem of climate change intersects with these justice dilemmas. The article takes an interdisciplinary law and geography approach to these issues, analyzing how the way in which we view the nation-state, the multinational corporation, and their interrelationship influences our understanding of the state–corporate relationships in, and justice implications of, these situations. It argues that whether we treat Nigeria and Shell Oil as enclosed, permeable, or enmeshed spaces limits or expands the ways in which these cases might fit into broader environmental justice strategies. The article concludes with an assessment of how future efforts might build upon these cases and this analysis of their implications.","PeriodicalId":147906,"journal":{"name":"SRPN: Legal & Enforcement Issues (Topic)","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121783053","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}