Journal of politics and law最新文献

An Examination of Political Patronage and Maladministration on State-Owned Entities with Specific Reference to South African Airways: A Literature Study 对国有实体的政治赞助和管理不善的研究，特别是对南非航空公司的研究：文献研究

Journal of politics and law Pub Date : 2024-07-19 DOI: 10.5539/jpl.v17n3p74

T. Motswaledi, J. Maseng

{"title":"An Examination of Political Patronage and Maladministration on State-Owned Entities with Specific Reference to South African Airways: A Literature Study","authors":"T. Motswaledi, J. Maseng","doi":"10.5539/jpl.v17n3p74","DOIUrl":"https://doi.org/10.5539/jpl.v17n3p74","url":null,"abstract":"South Africa is one of the states across the globe that is rattled with corruption and maladministration in multiple state institutions. The high rates of corruption within the government were alarming with the local, provincial, and national levels of governance such that multiple measures and task teams were established to combat this discourse. However, this has in recent years seen the spike in corruption now overlapping the State-Owned Entities (SoEs) and not so much in governmental administration. Political elites have used their influence to penetrate the state's entities to either loot their resources, cause nepotism, or harvest tenders in a corrupt manner. Thus, political patronage has allowed the occupation of these entities due to relations at the party level which escalates to business relations. Thus, cadre deployment of less skilled individuals based on political affiliations has led to corruption and maladministration of most state entities such as South Africa Airways (SAA). Through relying on qualitative methods, specifically existing literature and various official documents which describes the effects of political patronage and maladministration on SoEs with specific reference to SAA, this paper reveals that political patronage has contributed to maladministration of SoEs. Thus, due to political patronage and maladministration SAA has failed to be an epitome of effectiveness in discharging its legislative duties.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" 12","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141822699","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

Integration Process in Central Asia: The Interaction of Nationalism and Regionalism 中亚一体化进程：民族主义与地区主义的相互作用

Journal of politics and law Pub Date : 2024-06-15 DOI: 10.5539/jpl.v17n3p38

Huan Cao

{"title":"Integration Process in Central Asia: The Interaction of Nationalism and Regionalism","authors":"Huan Cao","doi":"10.5539/jpl.v17n3p38","DOIUrl":"https://doi.org/10.5539/jpl.v17n3p38","url":null,"abstract":"After the end of the cold war, Central Asia reappeared in the international community's view and became an important region in geopolitics. The independent Central Asian States have begun to seek regional cooperation in order to maintain regional security and stability and develop their national economies. But so far, the process of integration in Central Asia has been tortuous and slow. The Central Asian region has even been described by some scholars as the region with the lowest degree of regionalization in the world. By sorting out the history of the development of ethnicity and nationalism in Central Asia, this paper analyzes the reasons hindering the development of regional integration in Central Asia from the perspective of the interaction between nationalism and regionalism. The methodological basis of the paper is a synthesis of methodological regionalism and methodological nationalism. The paper argues that ethnic problems and nationalism in Central Asia constrain the formation of the concept of regional identity. At the same time, regionalism in Central Asia has triggered concerns of Central Asian nation-states about the loss of sovereignty of some states and state nationalism. The interaction of the two factors ultimately negatively affected the development of integration in Central Asia.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141337004","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

Majority Voting – A Critique Preferential Decision-Making – An Alternative 多数表决--批判优先决策--替代方案

Journal of politics and law Pub Date : 2024-02-16 DOI: 10.5539/jpl.v17n1p47

Peter Emerson

引用次数: 0

Contrariness of Laws in Contractual Obligations and the Role of the Will in Determining the Applicable Law in the Jordanian Civil Law 约旦民法中合同义务中的法律冲突以及意愿在确定适用法律中的作用

Journal of politics and law Pub Date : 2023-12-11 DOI: 10.5539/jpl.v17n1p14

Mohammad Ashraf Khalid Ali Al-Qheiwi, Ahmed Al-Nuemat, Mustafa Mousa Al Atiyat

{"title":"Contrariness of Laws in Contractual Obligations and the Role of the Will in Determining the Applicable Law in the Jordanian Civil Law","authors":"Mohammad Ashraf Khalid Ali Al-Qheiwi, Ahmed Al-Nuemat, Mustafa Mousa Al Atiyat","doi":"10.5539/jpl.v17n1p14","DOIUrl":"https://doi.org/10.5539/jpl.v17n1p14","url":null,"abstract":"In this research, the researcher dealt with the issue of contrariness of laws in contractual obligations and the role of the will in determining the applicable law in the Jordanian civil law. In addition, contrariness of laws requires several conditions to exist, including the legal relationship of a foreign element, the acceptance of countries to apply foreign law before their courts, and the difference in legislation between countries. The Jordanian private international law, like most of the world’s legislation, has subjected the rules of attribution related to contractual obligations to the law chosen by the contracting parties, which is known as the law of will or the principle of the power of will, and the Jordanian legislator has subjected contractual obligations to the law of the country in which the joint home of the contracting parties is located if they are united. But in case they differ, the obligations are subject to the law of the country in which the contract was made. This means that the contracting parties are free to choose the law applicable to the contractual relations as soon as the offer is linked to the acceptance in the agreement concluded between the contracting parties when the terms and conditions of the contract are fulfilled.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139010480","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

Ghana's Legal Framework for the Constitutional and Statutory Application of Arbitration 加纳关于仲裁的宪法和法定适用的法律框架

Journal of politics and law Pub Date : 2023-12-07 DOI: 10.5539/jpl.v17n1p1

Hassan Francis Whitfield

{"title":"Ghana's Legal Framework for the Constitutional and Statutory Application of Arbitration","authors":"Hassan Francis Whitfield","doi":"10.5539/jpl.v17n1p1","DOIUrl":"https://doi.org/10.5539/jpl.v17n1p1","url":null,"abstract":"The legal framework in Ghana comprises a range of legislations that establish the fundamental principle of addressing specific concerns through arbitration. The compulsory nature of this arbitration system significantly diverges from the consent-based arbitration framework. This Article provides an analysis of the legislative framework that governs statutory arbitration in Ghana and argues that it is crucial to thoroughly comprehend statutory arbitration as a mechanism within administrative law. Unlike contractual arbitration, which relies on the parties' consent, statutory arbitration receives its authority from legislation. The present study examines the historical origins of statutory arbitration, create an extensive inventory of legislation with provisions for statutory arbitration, and assess the underlying rationales for the adoption of statutory arbitration. The study further examines the issue of consent in statutory arbitration, investigates the procedural aspects of statutory arbitration, and assesses the legitimacy of this specific form of arbitration. The article argues that the notion of statutory arbitration and the provisions found within specific legislations that establish statutory arbitration do not infringe upon constitutional norms. The study concludes that considering the solid legal foundation upon which statutory arbitration is based, the Ghanaian government should contemplate expanding the areas where statutory arbitration can be utilized as a feasible alternative to litigation.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"50 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138593774","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

Multi-Ethnic Society and Lack of Political Culture in Afghanistan 阿富汗的多民族社会与政治文化缺失

Journal of politics and law Pub Date : 2023-11-15 DOI: 10.5539/jpl.v16n4p43

Osman Mohammed Afzal

{"title":"Multi-Ethnic Society and Lack of Political Culture in Afghanistan","authors":"Osman Mohammed Afzal","doi":"10.5539/jpl.v16n4p43","DOIUrl":"https://doi.org/10.5539/jpl.v16n4p43","url":null,"abstract":"Ethnic diversity and ethnic politics in Afghanistan overcome the common political culture that the nationalities have never been coherent regarding political decisions in the country. The only issue that led the nationalities to cohesiveness is religion as the common value and culture. Except for religion, the other commonalities do not highly influence the cohesiveness of the nationalities in Afghanistan. Thus, religion often brought together nationalities against foreign factors and withstanding interventions; however, concerning inner challenges and conflict, religion has never been a factor in diminishing and resolving inner conflict. The legitimacy of regimes and fair schemes for the welfare and the status quo change is not the fundamental issue for ethnicities in Afghanistan. Still, the extent of ethnic political participation in the government has often been considerable. The central government and centralised regime led to a big rift in the society and led to rivalry at any cost among the ethnicities to hold further political authority. The autocracy under the definition of Democracy, at least within the last 20 years in Afghanistan, one way or another, even changed the social norm among ethnicities that everyone, instead of feeling responsibility toward the government and national interest, focused on ethnic interests.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"5 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139273453","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

Reviewer Acknowledgements for Journal of Politics and Law, Vol. 16, No. 4 政治与法律杂志》第 16 卷第 4 期审稿人致谢

Journal of politics and law Pub Date : 2023-11-15 DOI: 10.5539/jpl.v16n4p51

William Tai

引用次数: 0

On the Illegality and Regulation of Algorithmic Price Discrimination in China's Digital Economy 论中国数字经济中算法价格歧视的违法性及其规制

Journal of politics and law Pub Date : 2023-11-06 DOI: 10.5539/jpl.v16n4p36

Rongxin Zeng, Xiaoshan Li

{"title":"On the Illegality and Regulation of Algorithmic Price Discrimination in China&#39;s Digital Economy","authors":"Rongxin Zeng, Xiaoshan Li","doi":"10.5539/jpl.v16n4p36","DOIUrl":"https://doi.org/10.5539/jpl.v16n4p36","url":null,"abstract":"The legal issue of algorithmic price discrimination sparked by the in-depth use of big data and algorithm techniques has emerged as a significant concern in the development of China&#39;s digital economy. Although Chinese law has implemented many regulations on the collection and protection of personal information, data security and governance, as well as on price discrimination, instances of algorithmic price discrimination have arisen in judicial practice. The legal issue surrounding algorithmic price discrimination has not yet been fully resolved. Legal studies in China on this issue mainly uses &quot;big data killing&quot; or &quot;algorithmic price discrimination&quot; to define it. Regarding the legal classification and regulation of algorithmic price discrimination: the Anti-Monopoly Law&#39;s regulatory measures are limited from a competition law standpoint. Instead, Anti-Unfair Competition Law provides a more appropriate framework. As for civil law, the question of whether the algorithmic price discrimination qualifies as a civil tort still requires discussion; nevertheless, it satisfies all the constitutive elements of fraud in Chinese civil law.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"34 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135679868","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

Revisiting British Malaya's Era: An Intriguing Historical Legal Analysis of Land Administration and Colonial Forestry 重访英属马来亚时代:对土地管理和殖民地林业的有趣历史法律分析

Journal of politics and law Pub Date : 2023-10-03 DOI: 10.5539/jpl.v16n4p27

Md Damiri M. D., Pakhriazad H. Z., Paiman B., Mohd Hasmadi I.

{"title":"Revisiting British Malaya&#39;s Era: An Intriguing Historical Legal Analysis of Land Administration and Colonial Forestry","authors":"Md Damiri M. D., Pakhriazad H. Z., Paiman B., Mohd Hasmadi I.","doi":"10.5539/jpl.v16n4p27","DOIUrl":"https://doi.org/10.5539/jpl.v16n4p27","url":null,"abstract":"The land and forest administration system in Malaysia faces a complexity bias due to the misinterpretation of rules and legislation, leading to increased disputes. The reliance on British law for matters like land ownership amplifies this issue, and the intricacies of static and dynamic arrangements further compound the complexity. Previously, Malay rural land rights were based on usufructuary principles, but the colonial land alienation policy redefined unalienated land, land reserved for public purposes, and reserved forests as State Land. This study seeks to comprehensively review and analyse legal rules, cases, statutes, and regulations to understand ancient land law practices and the influence of British colonial land law on land administration. Conducted in Peninsular Malaysia, the study focuses on primary documents, cases, and critical analyses from three states: Perak, Penang, and Kelantan. The findings of the study highlight the contentious nature of land rights and autonomy in utilizing natural resources in Malaysia. The country inherits both formal and informal land tenure systems rooted in customary law, making dispute resolution challenging. The principal characteristic of ancient land law is based on a hypothetical model of the ancient customary land tenure system, encompassing different eras, missions, and principles. Significantly, the study reveals a direct and strong connection between colonial land law and current land law practices in the respective states. Additionally, Malaysia's land law has been influenced by Islamic law (Syariah) to some extent and blended with other ancient customary laws before the introduction of Torren in 1897.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135739060","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

Route Optimization of Public Participation in Environmental Law Driven by Big Data 大数据驱动下的环境法公众参与路径优化

Journal of politics and law Pub Date : 2023-10-02 DOI: 10.5539/jpl.v16n4p14

Ranran Shen

{"title":"Route Optimization of Public Participation in Environmental Law Driven by Big Data","authors":"Ranran Shen","doi":"10.5539/jpl.v16n4p14","DOIUrl":"https://doi.org/10.5539/jpl.v16n4p14","url":null,"abstract":"The innovation of data technology has shaped a more open and symmetrical, convenient and interactive interaction platform, allowing the public to access more diverse information. In the context of the rapid development of the digital age, policymakers need to think about how to use big data to further enhance the effectiveness, inclusiveness and enthusiasm of public participation in environmental rule of law. However, the reasons of poor data quality, the lack of environmental information protection and the weak self-efficacy of the public lead to the problems of the high waste rate of environmental data, the leakage of public environmental information and the weak enthusiasm of the public to participate in the problem. The key to get out of the dilemma is to improve relevant legislation on public participation in environmental rule of law, update the multiple relief channels of public participation, and further consolidate the foundation of public participation. Only in this way can we promote public participation in environmental rule of law to a higher level, and then provide directional guidance for our country&#39;s current practice of digital environmental rule of law.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"304 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135833769","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