International journal of law and politics studies最新文献

{"title":"State Sovereignty in the Law of International Relations: The Case of France and Mali","authors":"Eseme Njui Egbe","doi":"10.32996/ijlps.2023.5.6.12","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.6.12","url":null,"abstract":"In a press release during the television news on the Malian television, Colonel Abdoulaye Maïga, government’s spokesperson, announces the rupture of the defense agreements with France. This denunciation, carrying out a threat that has been agitated for months, constitutes a new manifestation of the deterioration of relations between the authorities dominated by the soldiers who came to power by force in August 2020 and the former allies of Mali in the fight against the jihadists. Thus, the objective of this article is to report on the effects of the violation of the independence, power and autonomy of the Malian state by France. Starting from this objective, the problem statement to which this reflection invites is the following: what is the impact of the in observation of Malian sovereignty by France? This question is justified in view of the mutations or transformations of the law of international relations leading to the erosion of Malian sovereignty. By mobilizing legal casuistry, the hypothesis of this analysis is as follows: Malian sovereignty has more or less been affected and infected following French military espionage. On this basis, we arrive at two results, namely: first, the re-examine of the concept of sovereignty in context with regard to benevolence in the field of the law of international relations and, subsequently, the fragmentation of the law friendly relations between states through control over the internal activities of a state.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"68 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138979107","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":"Students' Awareness of Anti-Sexual Harassment Law","authors":"Jessa E. Aviso, Danilo Margallo, Milphene Pinatil, May Limbaga, Mary Carmel Sinining, Angeline Y. Maurin, Shane Blair Tura","doi":"10.32996/ijlps.2023.5.6.10","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.6.10","url":null,"abstract":"Sexual harassment is currently a pervasive issue in educational settings. Many students are experiencing harassment, such as sexual favors, in a school setting but tend to remain silent. This study intends to determine the student's level of awareness regarding the existence of the Anti-Sexual Harassment Law or RA 7877. The study utilized the descriptive-correlational method questionnaire as a primary data collection instrument. Quantitative data were used to determine the level of awareness of the students towards Anti Sexual Harassment Law or the RA 7877 at the University of Cebu-Main Campus. One thousand seventy-seven students are enrolled in the College of Arts and Sciences Department. Sloven's formula is used to determine the number of respondents, which comes out to a total of 292 sample sizes, and due to time constraints, only 147 responses were gathered. A survey online questionnaire was used where the participants participated based on their availability and willingness to answer the guide questions. The main instrument used in gathering the data was research-made and had undergone pilot testing to ascertain its reliability. Frequent and count, weighted mean, and chi-square tests were used for data analysis. Among the four domains of the level of awareness, the level of awareness towards duties of the employer or establishment is the highest mean among the other domains. In contrast, the penalty imposed is the least among the others. On the significant relationship, the respondents' profile and the student's level of awareness have no significant relationship that leads to the acceptance of the null hypothesis. Moreover, it reveals that most of the College of Arts and Sciences students are fully aware of the existence of the Anti-Sexual Harassment Law or RA 7877.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"70 23","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138604767","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 Polarisation Predicament and Media’s Influence on Partisanship","authors":"Raiaa Bhalla","doi":"10.32996/ijlps.2023.5.6.4","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.6.4","url":null,"abstract":"This paper delves into the polarising effects of media’s influence on the current political landscape. It comprehensively analyses- from an empirical and political approach- media such as cable news and social media. The primary objective is to emphasise the criticality of media literacy and the need for vigilance regarding the selective exposure that media can offer. It will provide insights into the future of political media communication and its role in shaping public opinion and whether that opinion can inform democratic outcomes, such as the election results of a candidate or party. This paper is working on the hypothesis that there is a direct correlation between media consumption and the alignment of public opinion with the political views that people are most exposed to online. Specifically, it postulates that individuals who are exposed to biased or one-sided media coverage are more likely to develop opinions that align with those perspectives, whereas those with diverse media exposure are more likely to form varied opinions.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"53 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135036765","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":"Analysis of the Implementation of Article 42 Of UUPMI No. 18/2017 on the Duties and Responsibilities of Village Governments Affecting the Vulnerability of Violence and Trafficking in Persons (TPPO) for Women Migrant Workers in Lampung Province","authors":"Herlina Ratna Sambawa Ningrum","doi":"10.32996/ijlps.2023.5.6.3","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.6.3","url":null,"abstract":"Most migrant workers in Lampung are women from the informal sector; they suffer issues such as non-procedural departure, unpaid salaries, fraud, harassment, and trafficking as a result of working in Lampung, Indonesia's sixth largest province, for placing migrant workers. UUPMI No. 18/2017 was passed to ensure the safety of migrant workers and their families. The purpose of this research is twofold: first, to learn more about how Article 42 of UUPMI No. 18/2017 on local government responsibilities is practiced, and second, to learn more about what obstacles hinder the implementation of the law. Secondary and primary data from literature research, field investigations, and qualitative analysis are utilized to inform both normative and empirical legal approaches. Partially implemented is Article 42 of UUPMI No. 18/2017, which discusses the government's duty to safeguard the rights of migrant workers and to stop violence and TPPO against women in Lampung Province. Article 42 of UUPMI No. 18/2017 is not being implemented by village administrations due to a lack of personnel. Migrant farm workers from rural areas lack access to social programs, education, and resources due to a lack of financial support. Provincial, district, and municipal governments do not coordinate or share statistics with one another.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"21 S1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135480509","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":"Assessment of Independence of Regulatory Structures Governing Data Protection and Privacy in East Africa: A Case Study of Kenya and Tanzania","authors":"Diogeness D. Mganyizi","doi":"10.32996/ijlps.2023.5.6.2","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.6.2","url":null,"abstract":"In an era of widespread digital information exchange, protecting personal data and privacy has become crucial. East African countries such as Kenya and Tanzania have implemented regulatory structures to address these concerns. However, the effectiveness and independence of these structures raise questions, necessitating a comprehensive assessment. Therefore, this study investigates the question of the independence of data protection authorities in East Africa with a particular focus on Kenya and Tanzania. This study was guided by three questions, namely, do the structures of data protection authorities in Kenya and Tanzania affect their independence? Are the data protection authorities in Kenya and Tanzania sufficiently funded to run their duties? And are the tenures of Commissioners of data protection authorities in Kenya and Tanzania secured? The study engaged two approaches: doctrinal legal research methodology, which analyses law in the form of legislation, case law, and international instruments, as well as comparative legal research methodology, which involves comparative analysis of identified criteria from Kenya and Tanzania. It was observed that the Kenyan data protection authority is more independent than the Tanzanian data protection authority.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"9 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135773689","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":"Palestine between Reasonableness of Zionist Claims and the Legitimacy of the British Mandate","authors":"Abdelrahman Alasttal, Abdul Maasba Magassing, Maskun Maskun, Iin Karita Sakharina","doi":"10.32996/ijlps.2023.5.6.1","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.6.1","url":null,"abstract":"This study aims to study the legal nature of the British mandate over Palestine after World War I, in addition to studying the claims of the Zionist movement regarding its connection to the land of Palestine, thus determining the correct legal concept of the Question of Palestine in accordance with international law. The methodology of the study is the legal analytical and critical method and the Statute approach. In it, the author used Zionist, Jewish, Arab and foreign references. The results showed that the Zionist movement was established to unite the efforts of the Jews in Europe with the aim of establishing a national home for them in Palestine with the help of the colonial European countries under historical and religious arguments that completely contradict the facts and discoveries in Palestine. On the other hand, Britain's goal from the Balfour Declaration was to support the Zionist project in Palestine, thus helping to dismantle the Ottoman Empire and colonize the Arabian Peninsula with the participation of France. In addition, the British Mandate Deed for Palestine was only ratified by the Principal Allied Powers in World War I. Therefore, it did not reflect a real international will and thus was a violation of the provisions of international law.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135977360","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 Comparative Study of the Chinese Change of Circumstances and the UK Contract Frustration","authors":"Mingyang Chen","doi":"10.32996/ijlps.2023.5.5.12","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.5.12","url":null,"abstract":"This study mainly focuses on the comparative study of the \"change of circumstances system\" in the contract law of China and the UK. This system is described differently in Chinese and English law. Chinese contract law describes it as \"change of circumstances\", and English contract law describes it as \"contract frustration\". Although there are differences in legal descriptions, the connotation and purpose of the two systems are generally similar. Generally speaking, it refers to the occurrence of unforeseen circumstances between the two parties after the conclusion of the contract, which leads to fundamental changes in the basis of performance. If the performance is illegal or fundamentally deviates from the main purpose of the contract, the status of the contract shall be changed or terminated. The purpose of the system is to maintain the fairness of the contract parties, reduce the risk of the contract parties, and promote the stability of the trading market. Some differences have emerged in the judicial practice and legislative expression of the system in the two countries. This study believes that the main reasons are the large differences in the business environment and the theoretical basis of the system between the two countries. Therefore, this study will first compare the theoretical basis of the change of circumstances system in the two countries, and then specifically compare the legislative expression and judicial practice of the system in China and the UK, and analyse the reasons for the difference. It should be stated that this comparative study aims to analyse the differences and find out the reasons for the differences and does not involve the evaluation of the advantages and disadvantages of the system.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"180 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135218445","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":"Political (In)correctness and the Cancel-Culture Attitude: The Case of Religious Sectarian Language After the Arab Spring","authors":"Reima Al-Jarf","doi":"10.32996/ijlps.2023.5.5.11","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.5.11","url":null,"abstract":"This study investigated political correctness/incorrectness and the cancel culture attitudes in relation to sectarian language that has been prevalent on Arabic media since the onset of the Arab Spring in 2011, based on an examination of expressions describing religious sects such as Sunni, Shiites, Salafists, Muslim Brothers, Jihadists, Alawites, Houthis, Hamas, Hezbollah and Wahabis; the new lexical coinages introduced by Arab media that reflect hate speech and hostile sentiments against the religious sects that users oppose; Arab college students and instructors’ attitudes towards the different religious sects. The data analysis was based on a sample of sectarian expressions collected and surveys with a sample of students and faculty to find out their religious sectarian sentiments and whether they are tolerant or hostile. The data were analyzed according to the definition of “political correctness/incorrectness” and the “cancel culture” concept. Results showed political incorrectness in the language used by some mainstream media, and social media users, which offends particular religious sects in the Arab society, or treats them differently. The political incorrectness that has prevailed since the Arab Spring reflects discord, tensions, and internal divisions in some Arab societies. It is threatening equality, citizenship, and domestic peace. It is creating conflicts and friction among people supporting and those opposing them. The descriptions yielded by the sample of college students and faculty are characterized by prejudice, hatred, hostility, intolerance, and contempt of the religious sect(s) they oppose. The data collected from the media also shows cancel-culture attitudes as some members of certain religious sects, such as the Muslim Brothers, have been subject to detention, estrangement, animosity, banning from political activities, or forced displacement. Some have immigrated to other countries such as Turkey, Qatar, and Europe. Recommendations for abolishing political incorrectness and the cancel culture attitudes, creating conformity and carefully avoiding forms of expression or actions that exclude, marginalize, or insult people belonging to certain religious sects are given.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135616642","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":"Assessment on Good Governance in Barangay T. Padilla","authors":"Vienice Jonah Jee Garcia, Rulthan Sumicad, Danilo Margallo, Rommel Gimarangan, Kirsten Jhela Castillo, Maria Mae Dignos","doi":"10.32996/ijlps.2023.5.5.10","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.5.10","url":null,"abstract":"Transparency, accountability, participation, responsiveness, observance of the rule of law, equity, and effectiveness in service delivery characterize good governance. It is the hallmark of all Local Government Units to ably and confidently overcome any challenges posed along the economic, environmental, and social forms. Doing so will transform each community and improve the lives of the people. However, studies revealed complaints from people about the quality of service they received in the public sector. This study aims to assess the level of compliance with good governance in Barangay T. Padilla for the fiscal year 2022-2023 and contributes to the creation of a proposed enhancement program. This study utilized a quantitative research method utilizing a descriptive correlational with researcher-made survey questionnaires as the primary manner of data collection. There were 200 respondents chosen from residents of Barangay T. Padilla, using a random sampling procedure. Through both online and face-to-face surveys, the respondents participated in the study based on their availability and willingness to provide an answer. Moreover, the questionnaire is researcher-made and has undergone pilot testing to determine its validity. This study uses frequency and proportion, weighted mean, and chi-test for the data analysis. The level of compliance of good governance in Barangay T. Padilla in terms of transparency, accountability, participation, responsiveness, rule of law, equity, effectiveness, efficiency, and to what extent the essential services and facilities enshrined in Section 17 of the Local Government Code complied with the good governance practices in service delivery are all generally assessed as suitable. The respondents' socio-demographic profiles and compliance with good governance are the same. Therefore, the respondents' assessment is based solely on the good governance practices in service delivery by the Barangay.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"2013 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136280153","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 the (in)compatibility of the Authentic Interpretation of the Law in Croatian Law with the Principles of Separation of Powers and Rule of Law: A View through the Prism of Constitutional Judicial Practice","authors":"Gordan Struić","doi":"10.32996/ijlps.2023.5.5.9","DOIUrl":"https://doi.org/10.32996/ijlps.2023.5.5.9","url":null,"abstract":"Bearing in mind that the Croatian Constitutional Court recently abolished the provisions on the authentic interpretation of the law, and considering the fact that it is a legal institute which raised a number of criticisms among the scientific and professional public and resulted in opposite positions of the Croatian Constitutional Court on the question of its constitutionality, the paper examines the issue of (in)compatibility of that legal institute with the constitutional principles of separation of powers and rule of law. To this end, the stated principles are examined by using relevant literature and constitutional judicial practice, while the practice of the Croatian Constitutional Court on (un)constitutionality of authentic interpretation is examined by considering the content of its decisions, with reference to certain examples from comparative constitutional judicial practice. It was concluded that giving an authentic interpretation, until its abolition, was in accordance with the principle of the separation of powers as long as such interpretation was not related to a specific court case and that it was in accordance with the principle of the rule of law as long as such an interpretation was not applied to those cases that had already become resolved.","PeriodicalId":475085,"journal":{"name":"International journal of law and politics studies","volume":"147 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135200546","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}