{"title":"Forensic Notion of the Trauma-Related Dissociation","authors":"V. Zepinic","doi":"10.4236/blr.2021.123049","DOIUrl":"https://doi.org/10.4236/blr.2021.123049","url":null,"abstract":"Research and clinical experience reveals that severe traumatisation may cause development of Complex Trauma Syndrome (complex PTSD) with the trauma-related dissociation, which is often associated to the severe violence or crimes. Unlike other types of the dissociation or dissociative disorders, this subject matter is the most relevant to forensic psychiatry as severely traumatised individuals (with a history of dissociation) are often subjects of the court proceedings—dissociation has legal repercussions for relevance to the legal constructs of the accused’s responsibility for the wrongdoing. Trauma victim’s behaviour during dissociative flashbacks is quite unpremeditated and uncharacteristic, and does not appear to be an alternative motive as the most individuals experience amnesia for the episode, nor they are aware of the re-enacted trauma experiences. This article provides views and nature of the trauma-related dissociation and its forensic implications on trauma victim legal standing.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133505193","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":"Case Study of Children Living with Disabilities in Ekiti State, Nigeria: A Look at Their Information Access and Social Inclusion","authors":"O. Onwuchekwa, Adetifa Emmanuel Kayode","doi":"10.4236/blr.2021.123042","DOIUrl":"https://doi.org/10.4236/blr.2021.123042","url":null,"abstract":"Nigerian children who are disabled are dependent on special materials in order to be able to access information and get socially included. However these materials are costly and out of their reach. This study therefore investigated how children living with disabilities in Ekiti State, Nigeria access academic information and get socially included. Social model of disability theory was used to guide the study. Case study design was used for the study. The population was made up of 40 teachers of disabled children that gathered for a conference. A self-designed structured interview was used to gather data. Due to the small population of the teachers, they were all used for the survey. The statements of the respondents were assigned codes that focused on the key concepts of the study. Constant comparative method of data analysis was applied to compare and contrast codes; while data connections were made paying attention to categories of data and concepts. This continued until saturation was made, then evidences of research were selected and tabulated. Findings showed that there were shortage of materials that would provide information access and there was no social inclusion. They were also not receiving love and good treatment at their homes. The study concluded that information access and social inclusion of children living with disabilities in Ekiti State, Nigeria is limited. Recommendations involving the Ministry of Education and human rights groups were made.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"1973 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125994174","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 Critical Appraisal of the Method of Revocation in the Nigerian Land Use Act and Government’s Compliance","authors":"E. Emudainohwo","doi":"10.4236/blr.2021.123039","DOIUrl":"https://doi.org/10.4236/blr.2021.123039","url":null,"abstract":"A Critical Appraisal of the Method of Revocation in the Nigerian Land Use \u0000Act and Government’s Compliance \u0000The paper inquires whether there is government’s compliance with the method of revocation of right of occupancy stipulated in the Land Use Act (LUA) (1978). The LUA has prescribed the procedure for the revocation of right of occupancy. It is expected that government complies with the procedure. There have been cases where government did follow laid down procedure for the revocation of right occupancy. Therefore, when government flouts laws regulating the procedure for the acquisition of private property, it is the obligation of the Nigerian courts to intervene in favour of the private citizen. Though the courts are obliged to intervene, the question is: what happens, when government disobeys court orders? Or what happens when private citizens for lack of means did not challenge in court any wrong procedure adopted by government? Apart from calling for more judicial activism in this area, the paper argued that government should follow laid down procedure for the acquisition of private property; for even God who has laid down the procedure for man to be holy has also subjected himself to holiness.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131988342","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 Development Direction of International Commercial Arbitration Network","authors":"Yalong An","doi":"10.4236/blr.2021.123047","DOIUrl":"https://doi.org/10.4236/blr.2021.123047","url":null,"abstract":"With the advancement and popularization of computer technology, arbitration methods and they are also developing in the direction of low cost and high efficiency. Nowadays, alternative methods to traditional dispute settlement methods have gradually emerged on the Internet, and network arbitration has emerged with the trend of the times. Due to its convenience and efficiency, network arbitration has received extensive attention since its birth. However, due to a series of its own reasons, network arbitration has also been left out to a certain extent. In order to further explore and analyze the development prospects and influencing factors of network arbitration, this article elaborates and analyzes the development status of network arbitration. This article mainly adopts the literature research method and the comparative analysis method, that is, according to the content of the network arbitration to be studied, sufficient information can be obtained by consulting the relevant literature, so as to fully understand the background, history, current situation and prospects of the network arbitration. After collecting and analyzing theories, systematically analyze them based on the existing research results, and compare them with the previous related documents, summarize the areas that need improvement, and further improve the theory so that the theory is well-founded and the design is more reasonable, and finally expresses some of my thoughts on the future development of network arbitration.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123938485","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}
Taslima Khanam, A. Begum, S. Khanam, Fatema-tuj- zuhra
{"title":"An Analysis of New VAT Law in Bangladesh: Changes & Challenges","authors":"Taslima Khanam, A. Begum, S. Khanam, Fatema-tuj- zuhra","doi":"10.4236/blr.2021.123044","DOIUrl":"https://doi.org/10.4236/blr.2021.123044","url":null,"abstract":"With the adoption of the Sustainable Development Goals (SDGs), taxation has once again taken up a central spot on the international development agenda. Value Added Tax (VAT) makes up most of the revenue from taxes in Bangladesh who was one of the first two South Asian countries to adopt VAT. Although the introduction of VAT in Bangladesh has proved to be comparatively successful in terms of increasing tax revenues, the effectiveness of the tax has been seriously eroded due to a number of deviations from the standard principles of VAT which have crept into the tax system in the last three spans. Hence the new “The VAT and Supplementary Duty Act, 2012” emerges with vast hope and prospect and also with challenges of implementation. This study aims to review the basic structure of VAT system under the new law and the major changes thereon through a qualitative approach based on document analysis. Findings reveal the nonconformity with the objectives of the law and suggest the deviations back on track with a boost in tax administration and a political influence free environment in Bangladesh context.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129563425","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":"Analyzing the Duties of Employer and Employee in the Nigerian Law","authors":"E. Emudainohwo","doi":"10.4236/BLR.2021.122018","DOIUrl":"https://doi.org/10.4236/BLR.2021.122018","url":null,"abstract":"The paper examines the duties of an employer and employee in the Nigerian law. The relationship between employer and employee or what is traditionally referred to as the master and servant relationship constitutes the very foundation of labour law; and the relationship has its basis in the contract of employment. A contract of employment is any agreement where one person agrees to employ another as an employee or worker and that other person agrees to serve the employer as an employee. An “employer” is one who employs another as a worker either for himself or for the service of any other person, and includes the agent of that first-mentioned person and the representatives of a deceased employer. An “employee” is one employed by an employer under a contract whether on a continuous or temporary apprenticeship or casual basis and includes a domestic servant who is not a member of the family of the employer including any person employed in the local, state or federal governments. The relationship between employer and employee gives rise to duties which are recognised and enforceable in law. Some of the duties of the employer include: to pay wages, to provide work and to take reasonable care of employee against workplace injury while that of the employee involve, obedience and faithfulness.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"28 8","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120976935","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":"As Wives Too Beat Husbands: Another Look at the Socio-Legal Narratives of Domestic Violence","authors":"B. Odunsi, J. Mohammed","doi":"10.4236/BLR.2021.122032","DOIUrl":"https://doi.org/10.4236/BLR.2021.122032","url":null,"abstract":"In the conventional human rights, socio-legal and related discourse of domestic violence, focus has preponderantly been on men as the perpetrators, with wives or women as victims. This may be due to some factors. One is the entrenched empathy and solidarity with women as the “weaker sex” and usual victims. In such context, instances of women’s acts of domestic violence tend to be perceived readily as “exceptional cases” where the women perpetrators “must have been pushed to the wall”. Another possible factor is the mind-set to readily assume that wife-on-husband violence is “unlikely” or “improbable”, based on gender differences in size and strength, coupled with the man being the domineering personality and “head” in conventional spousal heterosexual relationships. A third factor may be that women can readily and comfortably speak out about their experiences as victims of domestic violence with expectations of societal interventions. Conversely, due to ego or masculine dignity male victims of domestic violence may keep silent, thus leaving, mainly, the voices of women resonating as victims in the pertinent narratives. However, studies, on a notable scale, are showing the reality of males being victims of domestic violence perpetrated by females. This paper seeks to address the foregoing and related issues in the context of human rights and similar aspects. Among the issues to be engaged will the factors contributory to the muffling of the voices of male victims and need for a pragmatic balance in the protection of women and men against domestic violence.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133823619","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":"From Audio Branding to Sound Trademark: A Comparative Study in the EU and the US","authors":"Xinyu Zhang","doi":"10.4236/BLR.2021.122023","DOIUrl":"https://doi.org/10.4236/BLR.2021.122023","url":null,"abstract":"Audio branding generates high profit when it becomes a famous trademark, thus, the registration and protection of trademark is of great significance. The EU and US admitted sound trademark in advance. To analyze the criterion of registration in those two jurisdictions can provide useful legislative experience for the study of sound trademark. Based on the comparative study, we thus can identify critical factors which influence an audio branding becomes a sound trademark.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"62 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114830247","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":"Protecting Employees’ Wages in Accordance with Saudi Labour Law: Should We Do More?","authors":"M. Alharbi","doi":"10.4236/BLR.2021.122019","DOIUrl":"https://doi.org/10.4236/BLR.2021.122019","url":null,"abstract":"The Saudi government intends to enhance the private sector working environment and to make it more attractive to potential employees by establishing rules and programs like the Wages Protection System, which aims to monitor procedures for paying employees’ salaries; a private company will be founded in the near future for the same reason. This paper examines the rules for paying employees’ wages in the private sector, in particular, the issue of not paying their wages by the date due, and how the Saudi Labour Law and the Wages Protection System deal with the issue, to reveal whether there is a need to reform the current approach. The paper analyses mainly legal materials related to Saudi Labour Law such as books, the courts judgments published by the Commission for the Settlement of Labour Disputes in Saudi Arabia and relative information provided on the web sites of The Ministry of Human Resources and Social Development. In brief, this study suggests amending the current approaches relevant to this issue, as there are various weaknesses and concerns that have been identified in the approaches adopted in Saudi Labour Law to dealing with the delayed payment of workers’ salaries.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129294349","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}
L. Ferreira, V. Freitas, Gilberto Passos de Freitas
{"title":"The Latin American Indigenous Ethnopolitics: Toward an Expansive and Comprehensive Climate Governance","authors":"L. Ferreira, V. Freitas, Gilberto Passos de Freitas","doi":"10.4236/BLR.2021.122025","DOIUrl":"https://doi.org/10.4236/BLR.2021.122025","url":null,"abstract":"Discussions about climate governance and climate justice from an international perspective have highlighted a close relationship between climate change and human rights. Thereafter the number of national and international policies and litigation about this relationship has increased worldwide, according to recent researches. Furthermore, indigenous claims and actions about this relationship have risen before public spheres at all climate governance levels by taking ethnopolitics paths. Through a hypothetical-deductive approach and bibliographic and documentary research, this study aims to address these paths grounded in a South Global perspective from Latin American indigenous people’s claims and actions on collective human rights before climate changes. It is assumed that those ethnopolitics paths have contributed to an expansive and comprehensive formulation of climate governance. The findings indicate that besides the increase’s trends of national’s laws and policies and litigation before national and international courts, the indigenous people’s ethnopolitical protagonism related to their claims on collective human rights before climate changes in Latin American has updated the formulation of climate governance toward climate justice by an expansive and comprehensive approach, embracing political protagonism grounded in ethnics and its cultural aspects, taking into traditional ways of life vitally dependent on a balanced ecological system, and problematizing states and hegemonic societies’ mechanisms to face climate change from a multicultural perspective.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125270401","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}