{"title":"Concessions and Similar Legal Instruments in Argentina","authors":"José Sebastián Kurlat Aimar","doi":"10.11114/ijlpa.v6i1.6664","DOIUrl":"https://doi.org/10.11114/ijlpa.v6i1.6664","url":null,"abstract":"Argentina presents a variety of legal instruments around the legal figure of concession. The present article discusses four cases which are casinos, exploitation mining and hydrocarbon resources, the advertisement in public spaces, and, finally, the exploitation of municipal parking. The selection of cases is not arbitrary as it provides a good panoramic view of the enabling titles as well as the legal regime of these activities. All of them are governed by Public Law and all of them imply the use of administrative prerogatives. In the end, we present our concluding remarks that are related to the weakness in which de private counterpart finds itself.","PeriodicalId":231433,"journal":{"name":"International Journal of Law and Public Administration","volume":"136 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139387582","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":"National Question: Attack on Life and School in Nigeria","authors":"C. O. Okwelum","doi":"10.11114/ijlpa.v5i2.5875","DOIUrl":"https://doi.org/10.11114/ijlpa.v5i2.5875","url":null,"abstract":"Insecurity in Nigeria during the Buhari administration has got so high that the administration has become suspect. The target of school children and students of tertiary institutions only goes to establish the confessed aim of Boko Haram insurgency as being anti-western education. Thus when Deborah Samuel was murdered by Boko Haram extremists who claimed to have been appalled by her posting of an alleged blasphemous text-message denigrating Holy Prophet Mohammed on her 200 level Home Economics WhatsApp Platform at Shehu Shagari College of Education, Sokoto State, curiosity for this paper arose. This study which employs the doctrinal method surveyed the critical issues involved in the kidnap of school children and the negative impact it has had on the future of education particularly in the north. It observes that the vulnerability of the schools and the student is a soft target and a sure way to undermine the integrity of the Nigerian State in its constitutional role to protect lives and property and advance the right to education of the Nigerian child. It finds that both the State and the International community have been unable to put their acts together and the dangers posed are tremendous. It concludes that until the Buhari administration leaves office in 2023, the danger posed by insecurity to the territorial integrity of the country may not be curbed as the administration appears to be die-in-wool with the insurgents, bandits and terrorists.","PeriodicalId":231433,"journal":{"name":"International Journal of Law and Public Administration","volume":"115 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123075097","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 Buhari State and the Origins of Banditry in Nigeria","authors":"C. O. Okwelum","doi":"10.11114/ijlpa.v5i2.5857","DOIUrl":"https://doi.org/10.11114/ijlpa.v5i2.5857","url":null,"abstract":"Although the origin of banditry in Nigeria is far beyond the Buhari State, he was voted into power largely on the premonition that he had the capacity to tame the scourge of terrorism, banditry and insurgency that became incipient immediately after the military handover of the reins of power to civilians in 1990. But from 1990 up to 2015, the nation began a fall down a slippery slope and by 2022 the nation had gone down the valley of conflicts of all hews. This paper which adopts doctrinal method, attempts a critical survey of the social problem of insecurity in Nigeria particularly in the nature of terrorism, banditry and insurgency, relating the survey to the role of the Buhari State which has been widely complicit in the conflict even though the administration had persistently claimed that its patriotism is deep and un-wavered. The paper further interrogates the administration in the face of the violent activities of Islamic militant groups in the north and separatist agitations in the east and west of Nigeria and against the background of their propulsion of the herder-farmer conflicts all over the country. The study finds that the Buhari State is indictable as it is shown to be partisan; and had largely reneged on the ideological vortex upon which it was propelled to power leaving the ship of state adrift perilously towards the 2023 vacation date of the administration. ","PeriodicalId":231433,"journal":{"name":"International Journal of Law and Public Administration","volume":"190 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117345289","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 Application of Section 8 of Cybercrimes Act 19 of 2020 in Civil Procedure in South Africa is a Hailing Snow: A Comparative Studies between South Africa and United Kingdom","authors":"Nombulelo Queen Mabeka","doi":"10.11114/ijlpa.v5i2.5814","DOIUrl":"https://doi.org/10.11114/ijlpa.v5i2.5814","url":null,"abstract":"In South Africa the legislature passed a statute that regulates cyber fraud that is called Cybercrimes Act 19 of 2020 in an attempt to combat cybercrimes, which include cyber fraud. The commission of cyber fraud in Civil Procedure constitutes a cause of action that enables the victim to claim for damages. It is not clear in terms of Cybercrimes Act whether the victim may institute proceedings whilst the matter is pending before the court in criminal proceedings or after the perpetrator is convicted. This raises a question on the application of the two common law principles that the defendant may raise as a special plea. Thus, res judicata and lis pendens may be raised as a special plea to prevent the victim of cyber fraud from receiving compensation for damages suffered. This prejudices the victims because some of the consequences that result from cyber fraud are dire to the victim. For example, the victim may loose money, property and may psychologically be affected as a result of cyber fraud. This article follows a qualitative research methodology that is based on an analysis in jurisprudence. Thus, the article looks at section 8 of the Cybercrimes Act, judicial precedent, as well as scholarly views shared by various authors to determine the gap. The author provides a solution, as well as recommendations that will ensure that the victims have a recourse in Civil Procedure. Moreover, there is evidence that proves that cyber fraud does exist in jurisdictions such as the United Kingdom. The article examines the legal position of cyber fraud in the United Kingdom and does a comparative studies between South Africa and the United Kingdom.","PeriodicalId":231433,"journal":{"name":"International Journal of Law and Public Administration","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123752479","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}
Elenice De Souza Oliveira, Braulio Figueiredo Alves da Silva, Pietra Raissa Silva, Ana Marcela Ardila Pinto, Elisa Dilly Generoso Macedo
{"title":"Perception of safety in Public Transport in Brazil","authors":"Elenice De Souza Oliveira, Braulio Figueiredo Alves da Silva, Pietra Raissa Silva, Ana Marcela Ardila Pinto, Elisa Dilly Generoso Macedo","doi":"10.11114/ijlpa.v5i2.5812","DOIUrl":"https://doi.org/10.11114/ijlpa.v5i2.5812","url":null,"abstract":"This current study examines the perception of safety on the public bus transit system in a large Brazilian metropolis. Using a web-based survey, the study reached a convenient sample of bus users of a local university who were victims and witnesses to crime in two different types of local bus transit environments - the BRT MOVE - a modern bus system and its opposing counterpart - the conventional bus system. Research questions investigate whether or not riders’ perception of safety is influenced by the presence of mechanisms of control and surveillance on buses. Using a linear regression model, this study hypothesizes that the perception of safety among victims and/or witnesses to crime varies according to exposure to risk in different bus transit systems. Limitations of the results were addressed and reliability and validity issues were reviewed. This study demonstrates the relevance of different types of risk factors on riders’ perception of safety on buses, bus stops, and stations. This contributes to widening the range of public transit safety solutions in Brazil.","PeriodicalId":231433,"journal":{"name":"International Journal of Law and Public Administration","volume":"58 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130004699","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":"Review - GORDILLO, Agustín, La administración paralela. El parasistema jurídico administrativo [The parallel administration, the legal-administrative parasystem], 1st. edition, Madrid, Cívitas, 1982, reprint, Madrid, Cívitas, 1997, 2nd. edition, Buenos Aires, FDA, 2012.","authors":"José Sebastián Kurlat Aimar","doi":"10.11114/ijlpa.v5i1.5650","DOIUrl":"https://doi.org/10.11114/ijlpa.v5i1.5650","url":null,"abstract":"Professor Gordillo presented this work several years ago, yet the current situation in which respect the parallel public administration in Argentina is still the same. Indeed, this review intends to shade some light on the subject of this book. As far as the objective targeted by the author, he suggests the existence of a parallel administration and proposes mechanisms to overcome it. His methods vary from sociology, anthropology and economy to administrative law and administrative sciences. Finally, his findings are related to the lack of public participation in the decision-making process within public administration.","PeriodicalId":231433,"journal":{"name":"International Journal of Law and Public Administration","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-07-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128488794","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":"Inter-Parliamentary Union: A model in Parliamentary Leadership","authors":"Shaker Ahmed Alshareef","doi":"10.11114/ijlpa.v5i1.5579","DOIUrl":"https://doi.org/10.11114/ijlpa.v5i1.5579","url":null,"abstract":"Democracy remains the most sought after form of governance globally. The article assesses how the Inter-Parliamentary Union (IPU) has fostered democracy, human rights, and the inclusion of women in governance through providing support to national parliaments. The article explains the structure, objectives, and achievements that IPU has advanced to encourage global peace and democracy. IPU recognizes that parliament is a vital agency of democracy because it checks excesses of the government, formulates policies, and represents the public in government decision making. IPU pushes these individual parliaments to enact progressive policies to provide political opportunities for youth and women to ensure equitable representation. Its efforts have contributed to significant global gains and parliamentary leadership in nations across the globe.","PeriodicalId":231433,"journal":{"name":"International Journal of Law and Public Administration","volume":"81 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114884384","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":"Reviewer Acknowledgements (Vol. 4, No. 2)","authors":"B. Brown","doi":"10.11114/ijlpa.v4i2.5425","DOIUrl":"https://doi.org/10.11114/ijlpa.v4i2.5425","url":null,"abstract":"International Journal of Law and Public Administration (IJLPA) would like to acknowledge the following reviewers for their assistance with peer review of manuscripts for this volume. Many authors, regardless of whether IJLPA publishes their work, appreciate the helpful feedback provided by the reviewers. Their comments and suggestions were of great help to the authors in improving the quality of their papers. Each of the reviewers listed below returned at least one review for this volume.Reviewers for Volume 4, Number 2Andrea Kajcsa, University of Medicine, RomaniaDragoljub Popović, Union University School of Law, SerbiaEncarnación Abad Arenas, National University of Distance Education (UNED), SpainJohn Mark R. Asio, Gordon College, PhilippinesJosé Sebastián Kurlat Aimar, University of Buenos Aires, ArgentinaMarcin Roman Czubala Ostapiuk, Universidad Nacional de Eduación a Distancia, SpainTaylisi de Souza Corrêa Leite, Anhanguera University, Brazil","PeriodicalId":231433,"journal":{"name":"International Journal of Law and Public Administration","volume":"174 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122998644","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":"Family and Community Dynamics That Contribute to Female Involvement in Terrorist Activity in Nigeria","authors":"Peculiar M. Awa","doi":"10.11114/ijlpa.v4i2.5419","DOIUrl":"https://doi.org/10.11114/ijlpa.v4i2.5419","url":null,"abstract":"Since 2013, Boko Haram has significantly contributed to gendered violence against women. This study examines the experiences of 16 women and girls who lived in the Boko Haram camp from 2014-2018 and had varying levels of engagement in the organization's activities. The study employs a qualitative phenomenological in-depth interview methodology. Semi-structured interviews conducted in Nigeria yielded data on the respondents' experiences before, during, and after their times with Boko Haram. Based on the analysis of interview responses and field notes, several themes emerged. Overall findings suggest that family and community dynamics play a significant role in terrorism in Nigeria. More specifically, early child marriage and the lack of access to education increase girls' vulnerability to abductions by Boko Haram, which, in turn, contributes to involvement in terrorism. Boko Haram members take control over the most disadvantaged and vulnerable victims and, through direct threats or non-consensual marriage, force these women to succumb to their pressure. Respondents reported facing barriers to reintegration into the community, although those with more formal education tended to fare better. These findings are discussed in terms of their implications for future research and counter-terrorism efforts in Nigeria.","PeriodicalId":231433,"journal":{"name":"International Journal of Law and Public Administration","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134038407","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":"Inter-Parliamentary Cooperation: The Next Frontier in Global Politics","authors":"Shaker Ahmed Alshareef","doi":"10.11114/ijlpa.v4i2.5410","DOIUrl":"https://doi.org/10.11114/ijlpa.v4i2.5410","url":null,"abstract":"National parliaments have become significantly active in international arena particularly in advancing democracy and national interests within a globalized context. This report assesses the role that inter-parliamentary organizations play in regional and global political scenes under the umbrella of the Inter-Parliamentary Union (IPU). The article views these regional institutions in the context of their relations to the IPU through content analysis of available literature. Three of the regional bodies of interest in the report are the Arab Parliament, Central American Parliament (PARLACEN), and the European Union Parliament. The findings drawn from available literature shows that these organizations have become the new frontier for political movements as they take center stage in global affairs. The objectives of these regional bodies are largely aligned with those of the IPU, and it is not surprising that they frequently collaborate or agree on several issues. The article concludes that the Inter-parliamentary diplomacy and the pursuit of democracy through collective efforts of regional parliamentary bodies have made it possible for IPU to have a higher political currency in different jurisdictions.","PeriodicalId":231433,"journal":{"name":"International Journal of Law and Public Administration","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134535729","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}