Beijing Law Review最新文献_第7页

Externalization of Border Controls as a Violation of Human Rights of Irregular Migrant Children: A Global Dilemma 边境管制的外部化是对非正规移民儿童人权的侵犯:一个全球性的困境

Beijing Law Review Pub Date : 2020-07-08 DOI: 10.4236/blr.2020.113040

Irekpitan Okukpon

引用次数: 0

Legal Protection for Domestic Workers: The Case of Wolaita Sodo Town, Ethiopia 家庭佣工的法律保护:埃塞俄比亚Wolaita Sodo镇的案例

Beijing Law Review Pub Date : 2020-07-08 DOI: 10.4236/blr.2020.113047

Yared Kefyalew Demarso, Bogale Anja Abba

{"title":"Legal Protection for Domestic Workers: The Case of Wolaita Sodo Town, Ethiopia","authors":"Yared Kefyalew Demarso, Bogale Anja Abba","doi":"10.4236/blr.2020.113047","DOIUrl":"https://doi.org/10.4236/blr.2020.113047","url":null,"abstract":"This research examines legal protection for domestic workers, who are highly exposed to varieties of abuses and violence by taking the comparative analysis of some African countries like Kenya and South Africa. The best experience of these countries was selected as they extended labour law protection for domestic workers too. The International Labour Organization (ILO) has adopted the convention for special legal protection of domestic workers. Some countries of the world also signed and ratified the convention. However, Ethiopia was also signed but not yet ratified the convention and explicitly excluded domestic workers from labour law protection. The main objective of the research is to assess the legal protection of domestic workers in the study area. This research has employed doctrinal legal research and some empirical considerations were analyzed qualitatively through narration and thematic analysis techniques to articulate legal protection of domestic workers. The finding of the research indicated that there is no clear contractual agreement between employers and domestic workers, unlimited work time without rest including night time, work with less or no remuneration, abuses and sexual violations. The research also revealed that there is violation of rights of the domestic workers due to multiple factors but the legal protection is inadequate. Some of those factors include bargaining power imbalance, lack of clearly agreed terms of contract, illiteracy and working in private household, lack of awareness and weak realization of laws and failures of the organs of government. So, the research suggests that domestic workers need recognition and adequate legal protection due to their special vulnerability.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"287 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113995980","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}

引用次数: 0

An Institutional Theory Perspective on Developing a Cyber Security Legal Framework: A Case of Saudi Arabia 网络安全法律框架构建的制度理论视角——以沙特阿拉伯为例

Beijing Law Review Pub Date : 2020-07-08 DOI: 10.4236/blr.2020.113039

H. Singh, T. Alshammari

{"title":"An Institutional Theory Perspective on Developing a Cyber Security Legal Framework: A Case of Saudi Arabia","authors":"H. Singh, T. Alshammari","doi":"10.4236/blr.2020.113039","DOIUrl":"https://doi.org/10.4236/blr.2020.113039","url":null,"abstract":"In the information age, the cyber-attacks have increased manifold, and developing a cyber-security legal framework is the need of the hour. Saudi Arabia experiences the highest cyber-attacks in the Arab region. This research attempts to develop a cyber-security legal framework for Saudi Arabia in particular and other countries in general. The study uses coercive, normative, and mimetic forces of institutional theory for this endeavor. Coercive pressure manifests in legal instruments, so countries like Saudi Arabia need to ensure compliance of their organizations to their respective laws, regulations, security policies, and procedures. Normative force manifests in professional networks and community expectations. So, countries like Saudi Arabia should collaborate, share information with other countries and join the Budapest Convention to combat cyber-crimes. Saudi Arabia should sufficiently incorporate the provisions of the Arab Convention on Combating Information Technology Offences in its legal instruments. Mimetic force involves copying the actions and practices of successful organizations. So, countries like Saudi Arabia should improve their legal tools by incorporating key features of legal instruments of more advanced cyber-secure nations like the UK, USA, Singapore, etc. Specifically, Saudi Arabia should improve its legal tools in the areas of privacy, identity theft, cyber-bullying, etc.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132617582","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}

引用次数: 9

Meeting the Need for a Technologically Driven Justice Delivery System: The Elixir of Rights and Judicial Expediency 满足技术驱动的司法交付系统的需求:权利和司法权宜之计的灵丹妙药

Beijing Law Review Pub Date : 2020-07-08 DOI: 10.4236/blr.2020.113049

Foluke O. Dada, E. Alemika

{"title":"Meeting the Need for a Technologically Driven Justice Delivery System: The Elixir of Rights and Judicial Expediency","authors":"Foluke O. Dada, E. Alemika","doi":"10.4236/blr.2020.113049","DOIUrl":"https://doi.org/10.4236/blr.2020.113049","url":null,"abstract":"The quality of justice is found in its efficacy while the promptness of justice determines its effect. Hence, the aphorism, “justice delayed is justice denied”. It is well known fact that the justice system in Nigeria, like many developing countries, is like igniting a snail on a hundred-kilometer journey. The problem of delay in justice is compounded in an unforeseen period like the world’s current state of the Coronavirus pandemic. By virtue of the national lock-down, the justice system has been on a halt and as such, every aspect of life which is tied to a virile judicial system is also affected. The aim of this paper therefore, is an attempt to analyse how technology can be employed for an effective justice delivery system while the pandemic situation persists. This exercise begins with an examination of the legal provisions available in Nigerian law to meet the demands for a technological-driven effective justice system. This is done by analysing the various provisions of the Evidence Act, High Courts Civil Procedure Rules, Administration of Criminal Justice Laws of States, Courts’ Practice Directions and other relevant provisions. Hence, the thrust of this paper is to elicit palpable elixirs aimed to achieve the decongestion of courts and improve access both during emergencies such as the COVID-19 situation and in the normal course of justice delivery thereafter.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122483905","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}

引用次数: 0

The Role and Problems of Environmental Impact Assessment in Governing Hydro-Power Projects in Cambodia 环境影响评价在柬埔寨水电项目管理中的作用和问题

Beijing Law Review Pub Date : 2020-05-22 DOI: 10.4236/blr.2020.112031

H. Xia

{"title":"The Role and Problems of Environmental Impact Assessment in Governing Hydro-Power Projects in Cambodia","authors":"H. Xia","doi":"10.4236/blr.2020.112031","DOIUrl":"https://doi.org/10.4236/blr.2020.112031","url":null,"abstract":"Hydro-power projects on the Mekong River may cause great impacts on sustainability of the river. This paper investigates the role of Cambodia’s environmental impact assessment (EIA) in governing hydro-power projects and examines whether the current EIA legal regime is capable to address the challenges raised by hydro-power projects. The author finds that Cambodia has established high standards in EIA legal framework. Some proposed requirements, such as the consideration of the impacts of climate change and trans-boundary impacts, may constitute great challenge for future enforcement. Case study in hydro-power projects suggests that the implementation of EIA is far from fulfilling the purposes promised by the black letters in the law. Currently, the main difficulties in implementation are lack of capacity building and public participation. The imperfection of land law as an external element is another obstacle to the effectiveness of EIA law. As a mid-stream riparian state of the Mekong River, on one hand Cambodia is facing potential negative impacts of hydro-power projects in Lao PDR and China, on the other hand, its hydro-power projects may add more threats to the sustainability of Mekong River. This paper argues that for the sustainability of the Mekong water system, Cambodia should implement its EIA law seriously and speed the work of land titles.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"104 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133737961","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}

引用次数: 2

Trade Competition among Insurers in Ethiopia: A Critical Analysis 埃塞俄比亚保险公司之间的贸易竞争:一个关键分析

Beijing Law Review Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112028

Yared Kefyalew Demarso, Bogale Anja Abba

{"title":"Trade Competition among Insurers in Ethiopia: A Critical Analysis","authors":"Yared Kefyalew Demarso, Bogale Anja Abba","doi":"10.4236/blr.2020.112028","DOIUrl":"https://doi.org/10.4236/blr.2020.112028","url":null,"abstract":"This study sought to underscore problems surrounding trade competition scenario among insurers in Ethiopia. The insurance sector has its own distinct features that make it unique from other businesses due to its contribution to the development of the country’s economy as it provides sense of security; a means of sharing risk; a tool to manage risks efficiently; facilitating trade and investment. Due to this distinctiveness, it is a risky business whose failure may result in systematic risk and failure of the whole economy and hence strict regulation of the sector becomes inevitable. It is necessary to build competent domestic insurers to cope up with the trade competition challenges of huge foreign insurers during Ethiopia’s accession to the World Trade Organization (WTO). The paper addresses whether there is meaningful trade competition and the need for investigating and taking measures against anti-competitive trade practices to shape trade competition in the insurance market of the country. It is still tried to investigate the coordination between the National Bank of Ethiopia (NBE) and the Trade Competition and Consumer Protection Authority with regard to regulating trade competition in the insurance sector. It has been concluded that, currently, there is no meaningful trade competition among insurers in Ethiopia and there is need for investigating and taking measures by competent organs in order to promote and regulate trade competition in the insurance market. Moreover, this paper suggests that there must be meaningful trade competition and there is a need to take measures against anti-competitive trade practices after due investigation to promote trade competition in the insurance sector of the country.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116998428","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}

引用次数: 0

Failure of Temporary Contracting in Spain as a Measure to Promote Employment 西班牙临时合同制在促进就业方面的失败

Beijing Law Review Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112038

Sara Ruano-Albertos

引用次数: 0

Legal and Administrative Challenges of Alternative Dispute Resolution (ADR) as a Peaceful Means of Resolving the Land Dispute in the Rural Areas of Bangladesh 替代性争议解决(ADR)作为解决孟加拉国农村地区土地争端的和平手段的法律和行政挑战

Beijing Law Review Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112026

Md. Manjur Hossain Patoari, A. Nor, M. Awang, A. Chowdhury, Jaforullah Talukder

{"title":"Legal and Administrative Challenges of Alternative Dispute Resolution (ADR) as a Peaceful Means of Resolving the Land Dispute in the Rural Areas of Bangladesh","authors":"Md. Manjur Hossain Patoari, A. Nor, M. Awang, A. Chowdhury, Jaforullah Talukder","doi":"10.4236/blr.2020.112026","DOIUrl":"https://doi.org/10.4236/blr.2020.112026","url":null,"abstract":"Alternative Dispute Resolution (ADR) is an innovative movement in the civil justice system of Bangladesh including land conflict. Traditional judicial process of Bangladesh especially land litigation is time consuming, expensive and very much complex. People involved in the land conflict, are fear to go to the court to settle their dispute due to unreasonable delay, expenses and unbearable sufferings and most of them prefer ADR as a way of resolving their dispute. Bangladesh has emphasized Alternative Dispute Resolution (ADR) as a means to resolve civil conflict as it saves time, money and energy of conflicting parties, reduces backlog of cases and work volume of court officials and also saves valuable time of the court. Recently ADR has become a popular means of settlement of land conflict among the people of Bangladesh as it is confidential, informal and relieves the parties from sufferings. The main objective of this study is to identify the legal and administrative challenges of ADR as a means of settlement of land conflict in Bangladesh and also to suggest an avenue for the complete success of ADR as an effective means to resolve land conflict in the rural areas of Bangladesh. This study is qualitative in nature which is conducted on the basis of secondary data. Data are collected from various journals, books, reports, newspaper writing and decision of apex court of Bangladesh. The core implication of this research is that it will open a new avenue for the policy maker of the country and the conflicting parties would be able to resolve their land dispute through a peaceful means.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128181889","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}

引用次数: 3

The WTO and the Paris Agreement: A Dialogue on Climate Change Mitigation 世界贸易组织和《巴黎协定》:关于减缓气候变化的对话

Beijing Law Review Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112025

Andréia Costa Vieira

引用次数: 0

Human Rights in the Constitutions of the Gulf Cooperation Council Countries (GCCC): Texts and Realities 海湾合作委员会国家宪法中的人权:文本与现实

Beijing Law Review Pub Date : 2020-04-09 DOI: 10.4236/blr.2020.112032

Samid A. Darawsheh

{"title":"Human Rights in the Constitutions of the Gulf Cooperation Council Countries (GCCC): Texts and Realities","authors":"Samid A. Darawsheh","doi":"10.4236/blr.2020.112032","DOIUrl":"https://doi.org/10.4236/blr.2020.112032","url":null,"abstract":"This study addressed \u0000the issue of human rights in the constitutions of the Gulf Cooperation Council \u0000Countries (GCCC) by identifying human rights concept, development, and tracing \u0000the state of human rights within the GCCC countries through constitutional \u0000texts and practical application. The study is based on more than one scientific \u0000method to verify the hypothesis; it used the descriptive, analytical, and legal \u0000approaches. The study reached several conclusions, one being that there is no \u0000shortage in the contents of the constitutional provisions of the (GCCC) \u0000countries in terms of emphasis on human rights. However, practice in reality is \u0000different from theoretical texts. In the end, the study came up with several \u0000recommendations, including: the need for constitutional amendments in the \u0000constitutions of the Gulf Cooperation Council Countries (GCCC) so that the new \u0000texts include clear commitments to respect human rights, the inclusion of human \u0000rights concepts in the curriculum, and the use of all means, the media in \u0000particular, to spread the culture of human rights in the (GCCC).","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132017417","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}

引用次数: 1