Beijing Law Review最新文献_第9页

Institutional Framework on the Right to Information in Selected Jurisdictions 部分司法管辖区知情权的制度框架

Beijing Law Review Pub Date : 2020-01-02 DOI: 10.4236/blr.2020.111017

Ngozi J. Udombana, K. Quadri

引用次数: 1

Annexation of Manipur as the 19th State of India: The Status of the Territory of Manipur in International Law since 1949 兼并曼尼普尔成为印度第19个邦:1949年以来曼尼普尔领土在国际法中的地位

Beijing Law Review Pub Date : 2020-01-02 DOI: 10.4236/blr.2020.111022

Laishram Malem Mangal

{"title":"Annexation of Manipur as the 19th State of India: The Status of the Territory of Manipur in International Law since 1949","authors":"Laishram Malem Mangal","doi":"10.4236/blr.2020.111022","DOIUrl":"https://doi.org/10.4236/blr.2020.111022","url":null,"abstract":"In international law, deprivation of a people or nation of its political independence takes place through conquest or military occupation and annexation or formal integration. The incorporation of Manipur into the Union of India in 1972 characterizes the ultimate official annexation of the former by the latter. Annexation brings in political implications on the status of people of the annexed territory such as obliterating their earlier historical existence while imposing a new sense of allegiance to a foreign rule. In this context, the present article re-examines the nature of Indian occupation and subsequent annexation of Manipur. It seeks to highlight the international status of the territory of Manipur beginning 1949 by offering analytical treatment to two co-related phenomenon of occupation and annexation of a territory in international law. It is argued that the prohibition of annexation resulting from occupation is not merely concerned with normativity of international law but represents the implications on the lives of the people whose territory has been annexed. A critical review of the normative standards of international law as embodied in the Charter of the United Nations, resolutions by UN bodies, and a summary analysis of decisions of the International Court of Justice rendered in cases such as Palestine, Western Sahara, East Timor, etc. shows three distinct features in the relationship between the Union of India and Manipur—first, occupation of Manipur by India since 1949; second, annexation or formal incorporation of the territory of Manipur into Indian Union in 1972; and third, Indian State has assumed the role of an administering Power over the territory of Manipur with the implication that Manipur continues to remain an occupied territory under international law.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126800931","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

Corporate Manslaughter Law in Nigeria: A Comparative Study 尼日利亚公司过失杀人法:比较研究

Beijing Law Review Pub Date : 2020-01-02 DOI: 10.4236/blr.2020.111023

Olarinde E. Smaranda, Udosen Jacob

引用次数: 2

Challenges in Prosecuting Sexual Violence in Armed Conflict under Nigerian Law 根据尼日利亚法律起诉武装冲突中的性暴力的挑战

Beijing Law Review Pub Date : 2020-01-02 DOI: 10.4236/blr.2020.111018

T. U. Akpoghome, U. V. Awhefeada

引用次数: 0

Back to the Past: Evolution of Kidnapping and Hostage Taking in the Niger Delta, Nigeria 回到过去:尼日利亚尼日尔三角洲绑架和人质劫持的演变

Beijing Law Review Pub Date : 2020-01-02 DOI: 10.4236/blr.2020.111015

I. Albert, N. Danjibo, Olumayowa Oreoluwa Albert

{"title":"Back to the Past: Evolution of Kidnapping and Hostage Taking in the Niger Delta, Nigeria","authors":"I. Albert, N. Danjibo, Olumayowa Oreoluwa Albert","doi":"10.4236/blr.2020.111015","DOIUrl":"https://doi.org/10.4236/blr.2020.111015","url":null,"abstract":"Kidnapping is now a disturbing security problem in Nigeria. Using ideas pieced together from newspapers, magazines and interviews this paper traces the origin of the problem to the crisis in the oil-rich Niger Delta region in the 1990s. The paper discusses how the Niger Delta militants used it as a pressure tactic for getting the government to address the grievances of oil pollution in their communities. The victims, at the initial stage, were expatriate oil workers. They were taken and political demands made for their release. In the second stage of the problem’s evolution, the militants collected ransoms for releasing their captives and the money used it to finance their insurgency against the Nigerian state. The third stage of the evolution was when it was hijacked by some criminal elements that turned it to a form of extortionate terrorism now difficult to manage. At this stage, the oil workers, members of their families, rich community members and politicians were kidnapped and ransoms taken before releasing them. The problem soon extended to the other parts of the country from the Niger Delta because of the poor way this form of violent extremism was managed by the Nigerian state. Not even the amnesty granted the Niger Delta militants in 2009 and in several other parts of Nigeria (where kidnapping now takes place) has been good enough to stop what now appears to be career criminality.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123410132","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: 10

To What Extent Is Killing in Defence of Property Equal to Right to Life in Nigeria? 在尼日利亚，保护财产的杀戮在多大程度上等同于生命权?

Beijing Law Review Pub Date : 2020-01-02 DOI: 10.4236/blr.2020.111001

I. Igwe

引用次数: 0

Revisiting Vattel’s Law of Nations to Discern the Classical Principles of the International Investment Law 重新审视瓦特尔的《国际法》，辨析国际投资法的经典原则

Beijing Law Review Pub Date : 2020-01-02 DOI: 10.4236/blr.2020.111019

A. Vaksha, Surya Prakash Singh

引用次数: 0

“Valuation Adjustment Mechanism” in the Film Capitalization —A Case Study of the Movie “Lost in Russia” 电影资本化中的“价值调整机制”——以电影《迷失俄罗斯》为例

Beijing Law Review Pub Date : 2020-01-02 DOI: 10.4236/blr.2020.111014

M. Chen

引用次数: 0

Vindication of Professional Reputation Arising from Defamatory Online Publications 由诽谤性网络出版物引起的职业声誉辩护

Beijing Law Review Pub Date : 2020-01-02 DOI: 10.4236/blr.2020.111024

Q. C. I. Freckelton

{"title":"Vindication of Professional Reputation Arising from Defamatory Online Publications","authors":"Q. C. I. Freckelton","doi":"10.4236/blr.2020.111024","DOIUrl":"https://doi.org/10.4236/blr.2020.111024","url":null,"abstract":"This article identifies the growing phenomenon of professionals suing their clients/patients for online defamation of their professional status and reputation. It reviews the phenomenon of ratings websites and scrutinises the growing popularity of such forms of feedback, identifying benefits but also detriments of such sites, especially when they are commercially influenced or unregulated. It notes that adverse feedback can be legitimate and helpful for both consumers and professionals but that it can also be the product of distress, anger and malice. This article reviews key court decisions in Germany, England, Canada and Australia where actions by disgruntled practitioners against clients/patients and/or publishing websites have succeeded in spite of the traditional diffidence on the part of professionals to engage in such litigation. It argues that the phenomena of defamation actions taken by professionals against their clients/patients and attempts to secure injunctive relief to prevent ongoing publication of false and reputation-damaging material are likely to grow in light of the potential for disinhibited and damaging publications by aggrieved persons on social media and other online forums.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117081499","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

A Review of Continuous Relevance of the Traditional Methods of Dispute Resolution Mechanism in Southeast of Nigeria 尼日利亚东南部争议解决机制传统方法的持续相关性研究

Beijing Law Review Pub Date : 2020-01-02 DOI: 10.4236/blr.2020.111003

I. Igwe, K. O. Udude, O. Constance

{"title":"A Review of Continuous Relevance of the Traditional Methods of Dispute Resolution Mechanism in Southeast of Nigeria","authors":"I. Igwe, K. O. Udude, O. Constance","doi":"10.4236/blr.2020.111003","DOIUrl":"https://doi.org/10.4236/blr.2020.111003","url":null,"abstract":"Dispute Resolution method like culture is a way of life. Every method is special to people based on their value orientation and the desire to preserve social norms. Before the advent of colonial rule and regular court system to Nigeria, Southeast of Nigeria had a system of dispute resolution mechanism adjudged to be simple, inexpensive and friendly. Resolutions of disputes were handled by family heads, village heads, elders, kindred, age grade, council of elders, chiefs, chief priests, judicial council among others. The practice was very strong until it was watered-down by the advent of colonial administration and regular court system. The end product was the introduction of western methods of dispute resolution in Nigeria which have remained in constant battle with the tradition of the people Southeast of Nigeria. This work became imperative in view of strong calls to return to indigenous methods of dispute resolution in Southeast Nigeria. The aim of this is to ensure that parties to a dispute amicably resolve their differences outside the normal courtroom processes. This paper was commenced by investigating into various traditional means of dispute resolution in Southeast.","PeriodicalId":300394,"journal":{"name":"Beijing Law Review","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125924394","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