Journal of politics and law最新文献

{"title":"Reviewer Acknowledgements for Journal of Politics and Law, Vol. 16, No. 3","authors":"William Tai","doi":"10.5539/jpl.v16n3p55","DOIUrl":"https://doi.org/10.5539/jpl.v16n3p55","url":null,"abstract":"Reviewer acknowledgements for Journal of Politics and Law, Vol. 16, No. 3, 2023","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"2019 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136248696","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":"Right to Counsel during Detention for Duty Crimes in China –A Balanced View of Corruption Combating and Human Rights","authors":"Zihang Lan, Xiao Wang, Yanru Yan","doi":"10.5539/jpl.v16n4p1","DOIUrl":"https://doi.org/10.5539/jpl.v16n4p1","url":null,"abstract":"In accordance with the Supervision Law of China, the duration of detention for the purpose of investigating duty-related offences may extend for a maximum term of six months. In contrast to the provisions of Criminal Procedure Law, it should be noted that individuals who are detained for duty crimes do not possess the right to counsel. The issue of whether suspects should be granted the right to counsel under the Supervision Law, and how to effectively balance the objectives of eliminating corruption and protecting human rights, remains unaddressed. This paper presents the contention that lawyers’ intervention in the process of detention should be permitted, as the obstacles associated with lawyers for the purpose of combating corruption can be addressed, however, the violation of human rights resulting from the absence of such engagement cannot be adequately rectified. Simultaneously, this study posits that right to counsel is not without limitations. The supervisory organs possess the authority to restrict the right to counsel in the four statutory instances, based on persuasive justifications.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48195164","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":"State Immunity in International Investment Disputes: Role of State Immunity in Resolving Investment Disputes and Adjudication Implications","authors":"Azab Alaziz Alhashemi","doi":"10.5539/jpl.v16n3p46","DOIUrl":"https://doi.org/10.5539/jpl.v16n3p46","url":null,"abstract":"The surge in international investment activities has led to a corresponding increase in international investment disputes, presenting significant challenges for states. State immunity serves as a fundamental concept designed to shield sovereign states from being subjected to lawsuits or foreign court jurisdiction. By affording this protection, state immunity permits states and their representatives to carry out crucial public functions without undue interference. Against this backdrop, this review article undertakes a comprehensive analysis of the role of state immunity in resolving international investment disputes and explores its implications for adjudication processes. The study critically examines the intricate interplay between state immunity and international investment disputes, elucidating how this legal principle influences the resolution of such conflicts. It explores the mechanisms through which state immunity operates, highlighting its impact on the ability of investors to pursue legal actions against states in international tribunals or national courts. By delving into relevant case law, international treaties, and legal principles, this review article evaluates the extent to which state immunity can limit or undermine the rights of foreign investors and the implications this has for the effectiveness and fairness of adjudication in investment disputes. Furthermore, the study assesses the evolving international legal framework surrounding state immunity and its implications for the resolution of investment disputes. It analyzes recent developments, including shifts in state practices, treaty provisions, and judicial decisions, to shed light on emerging trends and challenges in this area. By providing a comprehensive examination of state immunity in the context of international investment disputes, this review article contributes to a deeper understanding of the complex dynamics between states and foreign investors and offers insights into the evolving landscape of investment arbitration.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44558908","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":"Mitigating Developmental Disparities and Regional Instability through Public Policy Landscaping","authors":"Philip Eyam-Ozung Jr.","doi":"10.5539/jpl.v16n3p39","DOIUrl":"https://doi.org/10.5539/jpl.v16n3p39","url":null,"abstract":"Since government is the universally-accepted system that is responsible for midwifing the development and progress of nations and governance is mainly delivered through the making and implementation of public policy, it is imperative to develop a strategic policy view of the root-cause(s) of the bad governance that triggers the developmental disparities within and between nations which invariably engender national and regional instability across many corners of the globe. Developmental disparities within and between nations are especially important as the primary causes of national and regional conflicts as well as trans-national migration and sundry trans-national crimes such as human trafficking. In this article, I argue that public policy is so central to governance and pivotal to national development and progress that it must be recognized as the powerful force that can either unite polities around the pursuit of development and progress or leave them deeply-divided and starved of much-needed development. The crux of this argument is that national development and progress are impossible without national unity and regional stability. My second argument is that commitment to the practice of policy-led governance should be considered doubtful unless it can be proven by the prioritization of the institutionalization of Public Policy systems that are designed to, first and foremost, foster national unity and regional stability. The mission of this article is to introduce the novel concept of Public Policy Landscaping as the strategic means of making the governance landscape suitable for the development and deployment of the environmentally-sensitive public policy systems that can be relied upon to unite policy-led entities around the pursuit of national and regional development. Public policy does to the governance what landscape architecture does to natural land and this means that any neglect of public policy landscaping is bound to leave the governance landscape in a poor state that will invariably impede good policymaking and policy implementation.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"70798984","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":"Anglo-American Elements of Constitutional Organization in the Constitutional Arrangement of Bosnia and Herzegovina: An Influence on Rule of Law through Legislative Function","authors":"Zlatan Begić","doi":"10.5539/jpl.v16n3p21","DOIUrl":"https://doi.org/10.5539/jpl.v16n3p21","url":null,"abstract":"The current constitutional arrangement of Bosnia and Herzegovina as well as model of the constitutional regulation is the result of peace agreements – Washington Peace Agreement and General Framework Agreement for the Peace in Bosnia and Herzegovina (so called – Dayton Peace Agreement) that were imposed under the dominant influence of the US administration. Thanks to this influence, some elements that are close to the Anglo-American legal tradition and understanding of law have been implemented in the constitutional system of Bosnia and Herzegovina, such as the framework model of constitutional normative regulation based, in most cases, on general legal principles and framework norms of a general nature that regulate constitutional matters in a framework way and without entering into details. This paper, at the first place, contains considerations related to model of constitutional normative regulation in Bosnia and Herzegovina as well as adopted centralized model of protection of constitutionality. This model of constitutional regulation, as will be seen from the following text, is not close to European-continental legal tradition and understanding of law. Second part of this paper considers implementation principles of constitutionality and rule of law – in general through performing legislative function in the condition of American model of constitutional normative regulation in Bosnia and Herzegovina as result of imposed peace agreements. The third part contains considerations regarding organization and structure of political parties in Bosnia and Herzegovina and their influence on legislative function in the condition of actual constitutional arrangements. The results of the research and consideration contained in this paper show that the combination of elements of constitutional arrangements and regulations that belong to the Anglo-American legal tradition and understanding of law with elements that belong to the European-continental legal tradition do not give an adequate result in Bosnia and Herzegovina from the standpoint of constitutionality and the rule of law.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42646938","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":"Personal Data Protection in the Iranian Legal System","authors":"Mohammad Mustafa Mohiqi","doi":"10.5539/jpl.v16n3p10","DOIUrl":"https://doi.org/10.5539/jpl.v16n3p10","url":null,"abstract":"Currently, legislators are paying special attention to the personal data of individuals since these data can be processed, transferred quickly and are available in cyberspace. The purpose of this article is to describe the process by which Iran's legal system protects personal information and privacy. There is no specific law in Iran regarding the protection of personal data, and therefore this data should be protected in accordance with other laws. While there is no specific legal sanction in the Iranian legal system for the violation of data privacy, it is not without legal consequences, and for the legal consequences, one can refer to other Iranian laws and foundations. For example, for civil remedies, it is possible to make reference to the Civil Liability Act. Based on the different laws of Iran, it can be seen that in this country, the principle is to safeguard the privacy of the individual. Although the right to privacy may not be violated in all cases, it may be violated in exceptional circumstances, such as when it comes to national security, because in every country, issues such as order and public interest take priority over the rights of individuals.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49612546","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 Enlightenment of the Distribution of Subject Responsibility in Japan's Household Appliance Recycling Law to China","authors":"Xiaochuan Guo","doi":"10.5539/jpl.v16n3p1","DOIUrl":"https://doi.org/10.5539/jpl.v16n3p1","url":null,"abstract":"Waste home appliances have become new urban polluters because of the replacement of home appliances; however, they are also recyclable resources. To regulate the recycling of home appliances, the Japanese government has issued the ‘Household Appliances Recycling Law’, which clearly defines the responsibilities of manufacturers, retailers, consumers, governments and other entities involved in the recycling process of waste household appliances. This article analyzes the distribution of subject responsibility and legal effectiveness in the law, as well as the current legislative status of China's home appliance recycling industry and proposes several inspirations for China's home appliance recycling industry: enact special legislation, extended producer responsibility, the tripartite burden of recovery costs, and improve recycling channels.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48848621","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 Case Study of Subject Identification and Immunity in the Pre-Litigation Procedure of Shareholder Representative in China","authors":"Bingni Liu","doi":"10.5539/jpl.v16n2p45","DOIUrl":"https://doi.org/10.5539/jpl.v16n2p45","url":null,"abstract":"Whether the pre-litigation procedure of shareholder representative is effective is one of the important issues about the functioning of shareholder representative litigation. In judicial practice in China, the identification of the subject of shareholder representative and the necessity of the pre-litigation procedure are the most common and controversial points. In this paper we will analyze the subject identification and the exemption situation in the pre-litigation procedure of shareholder representative from the perspective of interpretation and legislative theory, based on the cases obtained from sources such as China Judgments Online and Jufa.com. Through the empirical analysis of the above two aspects, it is found that there are problems and loopholes in the connection between legal texts and judicial practice, and finally suggestions are proposed to improve the pre-litigation procedure of shareholder representative, in order to improve the adaptability of the legal text specification of the shareholder representative litigation system and the review of judicial practice.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44861854","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":"Reviewer Acknowledgements for Journal of Politics and Law, Vol. 16, No. 2","authors":"William Tai","doi":"10.5539/jpl.v16n2p58","DOIUrl":"https://doi.org/10.5539/jpl.v16n2p58","url":null,"abstract":"Reviewer acknowledgements for Journal of Politics and Law, Vol. 16, No. 2, 2023","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44034936","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 Impact of Political Polarization on the COVID-19 Vaccine Hesitancy in the United States: A Qualitative Study","authors":"Peiran Ma","doi":"10.5539/jpl.v16n2p37","DOIUrl":"https://doi.org/10.5539/jpl.v16n2p37","url":null,"abstract":"This study explored the role of political polarization in an individual's decision of receiving the COVID-19 vaccine. A total of 15 participants participated in individual interviews and focus group discussions about the relationships among domestic political polarization, vaccine hesitancy, and behavioral responses to the COVID-19 pandemic. Political affiliation affected an individual’s decision on the COVID-19 vaccination, such that people who identified as Liberals and Democrats were more accepting of the vaccine. On the other hand, the level of influence declined over time (2020-2022) when the general conception of COVID-19 immunization shifted from political to personal. Results provided qualitative support to the previously identified positive relationship between divided political opinions and COVID-19 vaccine hesitancy and highlighted the decreasing trend in the power of political polarization in vaccination and the existence of other factors.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42101285","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}