Advances in Politics and Economics最新文献

{"title":"Confronting the Constitutional Challenges to Realizing the Right to Development of the Niger Delta Communities in Nigeria","authors":"O. O. AJOKU ESQ","doi":"10.22158/ape.v5n4p83","DOIUrl":"https://doi.org/10.22158/ape.v5n4p83","url":null,"abstract":"This chapter seeks to examine the role of law, legislative, regional and multilateral instruments towards confronting the challenges to realizing the right to development of the Niger Delta communities in Nigeria. Such enabling instrument as African Charter on Human and Peoples’ Rights creates legal obligations for African States to implement the right to development. In other words, legal and constitutional protection of the right to development is very important either directly through the inclusion of the right to development in the constitutional bill of rights, or indirectly by ensuring applicability and justiciability of the African Charter in domestic law. This is a cue for the Nigerian government to follow. Inspite of these enabling instruments, the potential of the right to development in Nigeria remains largely untapped. In Africa, and by extension Nigeria, the right to development enjoys a legal status equal to all other human rights (Note 1). This is due to its inclusion in the African Charter on Human and Peoples’ Rights, though the practice of implementation remains hitherto unexplored, nor its potentials as an instrument to protect the well being of the population exhausted (Note 2). This chapter shall review domestic, regional and global instruments of the right to development, examining the case law of the African commission on Human and Peoples’ Right, as well as the duty of the Nigerian government to take into account the right to development of the Niger Delta in furtherance of their international obligations. The African Charter is an innovative and unique regional document that substantially departs from the narrow formulations of other regional and universal human rights instruments, particularly by the insertion of the group and peoples’ rights (Note 3). This work investigates the challenges and constraints to realizing the right to development of the Niger Delta communities of Nigeria amidst the regional, as well as international instruments that guarantee such a right. By constraints and challenges it is meant problem of constitutionalism that assails the opportunity for the involvement of the people of the Niger Delta in whatever decision that concerns their development and restoration of the environment and ecology. It seeks to situate human beings, rather than growth, at the centre of the development process. (Note 4) The right to development appeared in a number of important soft law instruments such as the World Conference on Human Rights Vienna Declaration, The Millennium Declaration, and the Rio+20 Outcome Document (Note 5). These documents were adopted by consensus, not by split vote, yet provided insufficient evidence of a genuine legal conviction supporting the right to development, nor a move towards law making on the right to development. They are therefore mere recommendations lacking in authentic legal force.","PeriodicalId":219226,"journal":{"name":"Advances in Politics and Economics","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114884012","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":"Industrialization of Socialist-Oriented Economy Development in Nepal: Contribution, Possibility and Challenges of Private Sectors","authors":"Dr. Uttam Khanal, PhD","doi":"10.22158/ape.v5n4p50","DOIUrl":"https://doi.org/10.22158/ape.v5n4p50","url":null,"abstract":"The state produces goods and services to distribute to its citizens and its process is somehow related to social welfare. The government that has created an industry-friendly environment for the establishment of industries to provide goods at a price that people can afford. Investors are invested in the industry by making full use of resources and available materials to provide employment opportunities for industrialization in Nepalese economic development. Investors are not allowed to produce and distribute voluntary goods. The role of facilitator in production and distribution by fulfilling of basic criteria is prescribed by the socialist state. Socialism is believed in the advancement of the human race, the pursuit of equality among all human beings, the end of the system of exploitation of one human being by another, and the establishment of universal love between human beings. Although the government was instructed by the constitution to develop a socialist-oriented economy, the government could not achieve complete success. The policy of the state has to encourage private sector investment, due to inability that makes programs. Nepal has not able to move towards industrialization. If immediate steps could be taken to create an investment friendly environment in the industry to minimize the challenges of problems in the private sector, ample employment opportunities would be created. The government of Nepal has given priority to Indian imports and the policy of imposing higher customs duty on imports of raw materials than manufactured.","PeriodicalId":219226,"journal":{"name":"Advances in Politics and Economics","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123688857","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":"A Review of the Research on Transnational Environmental Tort Law","authors":"Chaoyi Wang","doi":"10.22158/ape.v5n4p72","DOIUrl":"https://doi.org/10.22158/ape.v5n4p72","url":null,"abstract":"The accelerated pace of globalization has brought about rapid economic development, while the number of transnational environmental pollution problems is also increasing. On the one hand, the imbalance of the global economy has intensified, and transnational corporations have taken advantage of the low cost and low standards of environmental protection in developing countries to transfer polluting industries; On the other hand, with the awakening of citizen’s environmental awareness in developing countries, more and more people realize that their own legal provisions are not enough to compensate for their losses, so they choose to go overseas to appeal to the home country courts. Based on the review of relevant literature in China and foreign theoretical circles in recent years, this paper summarizes it from three aspects: jurisdiction, application of law and transnational corporations, with a view to promoting the improvement of China’s transnational environmental tort law.","PeriodicalId":219226,"journal":{"name":"Advances in Politics and Economics","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128292186","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 Problem and Countermeasure of Party Branch leading Cooperative—A Case on A Rural Tourism Cooperative Led by Party Branch in B Village of Shandong Province","authors":"Yuxin Wei","doi":"10.22158/ape.v5n4p37","DOIUrl":"https://doi.org/10.22158/ape.v5n4p37","url":null,"abstract":"Taking the typical rural tourism cooperative led by the Party branch in B village of Shandong Province as an example, this paper discusses the causes, concrete practices, practical effects and existing problems of the party branch led rural tourism cooperative through case analysis with exploratory empirical research method. Research shows that: First, the motivation of the establishment of the cooperative led by the Party branch lies in the weakening and marginalization of the party branch, the decline of the industry and the collective poverty, and the weak collective consciousness of the villagers. Second, the party branch to lead the cooperative needs the village Party branch to raise energy and empower, integrate resources in the form of internal source and external transmission, and combine “internet +”intelligent management. Third, the party branch leads the cooperative to enhance the power of the party branch, industrial development file upgrade, community consciousness return. Research suggests that: In the new era, the party branch leads the cooperatives to promote the modernization of agriculture and rural areas, reorganize farmers and self-organize them, reconstruct the rural governance pattern and build a harmonious rural society. Its rise has realistic necessity and rationality.","PeriodicalId":219226,"journal":{"name":"Advances in Politics and Economics","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124630029","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":"Energy Crisis, Global Warming and Wildavsky’s Thesis","authors":"J. Lane","doi":"10.22158/ape.v5n4p31","DOIUrl":"https://doi.org/10.22158/ape.v5n4p31","url":null,"abstract":"The now surging energy crisis with huge electricity prices add to the already ongoing climate crisis. Cheap electronic power would have made energy transition out of global warming a viable policy alternative. While the Wildavsky thesis offers a nice explanation of the energy crisis, it fails to account for global warming.","PeriodicalId":219226,"journal":{"name":"Advances in Politics and Economics","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127029221","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":"Fiscal Decentralization and Natural Disaster Relief in China","authors":"Wang Bo","doi":"10.22158/ape.v5n4p20","DOIUrl":"https://doi.org/10.22158/ape.v5n4p20","url":null,"abstract":"This paper analyzes the impact of fiscal decentralization on the level of government relief for natural disasters using 30 provincial-level data from 1997 to 2017 in China. The results show that fiscal decentralization positively impacts local government expenditure on natural disaster relief. Although it is different from the existing conclusion that fiscal decentralization inhibits the supply of local non-economic public goods, this conclusion can be explained by the literature on disaster prevention and control; the incentive of decentralization to increase government revenue increases the opportunity cost of disaster prevention and control investment, which makes the pre-disaster funds insufficient, and the post-disaster financial expenditure of natural disaster relief increase accordingly.","PeriodicalId":219226,"journal":{"name":"Advances in Politics and Economics","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133649370","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":"Local Economic Development in Ethiopia: Policy and Practice","authors":"Defferew Kebebe Tessema","doi":"10.22158/ape.v5n4p1","DOIUrl":"https://doi.org/10.22158/ape.v5n4p1","url":null,"abstract":"Even though the current government of Ethiopia has enacted and implemented various pro-LED policies and started the actual exercise of LED in selected localities since 2009, little scholarly attention has been devoted to the policy and practice of LED in the country. The study fills this gap and contributes to the debates and evidence of local economic development in Sub-Saharan Africa (SSA) based on data obtained through key informants interviews and systematic review of extant literature and documentary sources on the policies and practices of LED in Ethiopia. The result of the study reveals that much work is needed to institutionalize LED practice in the country. The study also highlights that to institutionalize and sustain LED practice in the country, well-articulated LED framework and permanent LED institutions that are well integrated with the overall local government structure are needed.","PeriodicalId":219226,"journal":{"name":"Advances in Politics and Economics","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115205107","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":"On Forms of Infringement and Protection of Short Video Advertising","authors":"Yutong Li","doi":"10.22158/ape.v5n3p141","DOIUrl":"https://doi.org/10.22158/ape.v5n3p141","url":null,"abstract":"Short video advertising is a type of short video that can generate direct commercial benefits. Short video advertising wins out in terms of content, and its broadcast volume grows rapidly. Especially with the development of Internet economy, with well-known short video bloggers using platforms to sell products, advertisements are gradually the same as short videos and appear more and more on short video platforms. Short video advertising itself has the characteristics of marketing, coupled with the characteristics of its length, fast transmission, in the era of Internet fragmentation is widely used as a way of entertainment for the masses, a variety of resulting copyright issues will also trigger wider attention from all walks of life. This paper uses inductive analysis to analyze the marketing strategy and infringement risk of short video advertising, and makes clear the copyright protection system of short video advertising, and promote the healthy and orderly development of short video advertising industry.","PeriodicalId":219226,"journal":{"name":"Advances in Politics and Economics","volume":"121 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133032527","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":"Research on the Management Models of Marine Protected Areas beyond National Jurisdiction from the Perspective of Law and Economics","authors":"Wu Hao","doi":"10.22158/ape.v5n3p124","DOIUrl":"https://doi.org/10.22158/ape.v5n3p124","url":null,"abstract":"The Agreement on Marine Biological Diversity and Sustainable Use of Seas beyond International Jurisdiction (BBNJ Agreement) is regarded as the third implementation agreement of the 1982 United Nations Convention on the Law of the Sea. Although the revised draft text of the BBNJ agreement was reached, the delegations still have not reached a consensus on the management model of Marine Protected Areas (MPAs) beyond national jurisdiction. Based on the analysis of the global model, regional model, and hybrid model proposed by different States, it can be concluded that the existing solutions are difficult to meet the demands of different States. The establishment of marine protected areas beyond national jurisdiction concerns the public interests of the international community, and its management should be based on a consensus decision-making mechanism to ensure the general participation of all countries. Law and economics are used to determine what should be adopted in marine protected areas beyond national jurisdiction. Management model under law and economics, on the premise of “not undermining existing agreements”, adopts a global model, taking into account some measures of the regional model, to meet the needs of the international community and the common interests of mankind.","PeriodicalId":219226,"journal":{"name":"Advances in Politics and Economics","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133782587","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":"Platform Data Protection from the Competition Law Perspective Based on Specific Conduct and Data Types","authors":"Yilong Li","doi":"10.22158/ape.v5n3p117","DOIUrl":"https://doi.org/10.22158/ape.v5n3p117","url":null,"abstract":"In the era of big data, data has gradually become an important commercial resource in the development of the emerging economy. Under the background of frequent disputes over unfair network competition, emerging data rights and interests can be better defined and better protected from the perspective of the Competition Law. When judging whether the conduct is an unfair competition conduct, the performance of the accused conduct and the type of the data involved in the case should be accurately defined, so as to define its legitimacy.","PeriodicalId":219226,"journal":{"name":"Advances in Politics and Economics","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133069813","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}