Journal of politics and law最新文献

{"title":"Importance of Qualitative Addition to the New Arbitration Rules in Settling International Disputes - Experience of the Kingdom of Bahrain International","authors":"Azab Alaziz Alhashemi","doi":"10.5539/jpl.v16n1p1","DOIUrl":"https://doi.org/10.5539/jpl.v16n1p1","url":null,"abstract":"A complete set of procedural rules have been added in the United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules and the parties agree on the application of arbitration procedures developed from this commercial relationship. These laws are widely used in arbitrations conducted by the institutions along with the ad hoc arbitrations. All the aspects of arbitration processes are covered by these rules such as setting out rules of procedure for appointing arbitrators, conducting arbitration proceedings, and modelling arbitration clause. The arbitration process also comprises of rules associated with form, impact, and interpretation of arbitral award. This study aims to investigate the experience of the Kingdom of Bahrain related to the addition of new arbitration rules. A detailed analysis of the newly developed changes has been conducted to provide important propositions. Findings of the study indicate that despite the effectiveness of newly developed changes, a few further amendments are required to increase the flow of international investments in Bahrain by providing the investors with the security they need.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45785089","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":"Socioeconomic Impact of the Coronavirus Pandemic with Multiple Factors on Global Healthcare Policy","authors":"M. Miah, Md. Mehedi Hasan, Jorin Tasnim Parisha, S. Chowdhury","doi":"10.5539/jpl.v15n4p242","DOIUrl":"https://doi.org/10.5539/jpl.v15n4p242","url":null,"abstract":"Today's world is in turmoil due to the misdeeds of cyber criminals. Cybercriminals at national, regional and international levels are misusing wireless sensor technology to cause serious damage to socioeconomic conditions. Due to the misuse of sensor technology, pandemic diseases, war-conflicts, gender violence, child abuse, climate crisis, heat wave, energy crisis, social unrest, political instability etc. are increasing, which have serious impact on healthcare. The coronavirus pandemic is a non-infectious disease, spread by cybercriminals through advanced wireless sensor technology at certain distances - no doubt about it. Digital tracking, poisoning and extrajudicial killings by this coronavirus around the world are currently a top research concept for scientists, researchers, technologists and medical professionals. Social distancing, wearing masks, self-isolation, handshakes and travel bans have all reduced the workforce in the household, education, economic and technical sectors. The study was conducted as part of the ISNAH examination of higher studies at Universiti Malaysia Sarawak, Malaysia from October 8, 2014 to May 21, 2018 to evaluate with primary and secondary data. Research shows that cybercriminals are misusing advanced wireless sensor technology to hold people, animals and others hostage around the world. Research also shows that cybercriminals are sickening hostages, killing others and even digitally destroying objects by burning them at specific GPS locations. This study shows that the coronavirus was created by cybercriminals for a political agenda and to present the uncertainty of the world's socioeconomic situation and its impact on human society. The socioeconomic situation of different countries is changing abnormally due to the impact of this pandemic. Existing health care policies are inadequate to combat the global pandemic. Vaccines cannot completely cure pandemics, but following the PDRAST top ten principles cures all types of pandemic diseases, which positively enhances socioeconomic conditions. The study helps thinkers develop new ideas and more innovative research. This research is a unique concept, which will encourage applied research to dispel all misconceptions and discover innovations. A coherent global public health protection and safe technology linked to national policies and the Sustainable Development Goals 2030 are essential for a peaceful world against these impacts.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43902490","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":"Protection of Children from Recruitment and Use in Armed Conflict: Role of International Legal Framework","authors":"Siwnan Rasakandan, Pardis Moslemzadeh Tehrani","doi":"10.5539/jpl.v15n4p230","DOIUrl":"https://doi.org/10.5539/jpl.v15n4p230","url":null,"abstract":"One of the most worrying developments in recent times is the act of recruitment and use of children in armed conflicts. This article examines the law relating to this phenomenon. The relevant law is found in five different treaties: Additional Protocol I; Additional Protocol II; Convention on the Rights of Child (CRC), Optional Protocol to CRC (OPAC); and the Rome Statute. Analysis shows that Additional Protocols I and II, CRC and the Rome Statute protect children, fundamentally by prohibiting the recruitment and use of under 15 children in hostilities, meanwhile the OPAC has raised the recruitment age to 18 years for armed groups. Law also allows the recruitment of children between the ages of 15 to 18, if preference is given to the oldest. It can be reasoned that the under 15 age level allows for a balance between military necessity and humanity whereas the under 18 moves towards humanity. The under 15 age limit is also favorable to armed groups in wars for self-determination while the recruitment of under 18s is preferable from humanitarian perspective. Classifying recruitment as compulsory, voluntary, conscription and enlistment appears irrelevant in the face of new wars. Distinction between direct part and indirect part or active participation is also seen as irrelevant. Law is substantially well structured with potential to inhibit recruitment of children while providing for evolving interpretation. The lack of enforceability is the main concern that needs to be researched and energized.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45374191","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":"Electronic Monitoring as a Measure to Reduce the Use of Pre-trial Detention","authors":"W. S. Irtaimeh","doi":"10.5539/jpl.v15n4p210","DOIUrl":"https://doi.org/10.5539/jpl.v15n4p210","url":null,"abstract":"This study tackles the legal regulation of electronic monitoring as an alternative measure to pre-trial detention in the Jordanian Criminal Legislation and the problems of its application. The study concludes that the Jordanian Legislator has stipulated the electronic monitoring system as an alternative to pre-trial detention to be limited to misdemeanors excluding repeating the defendant of the crime. Furthermore, the Jordanian Legislator has omitted to stipulate the conditions and operational mechanisms of the electronic monitoring, which has precluded its application as an alternative measure to pre-trial detention. The study has found the necessary legislative intervention of the Jordanian Legislator and the explicit stipulation of the conditions for applying electronic monitoring as an alternative to pre-trial detention in addition to identifying the operational mechanisms.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46970687","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":"Modernising the UK Constitution - Draft Legislation","authors":"G. McBain","doi":"10.5539/jpl.v15n4p110","DOIUrl":"https://doi.org/10.5539/jpl.v15n4p110","url":null,"abstract":"Modernising the UK Constitution - Draft Legislation.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48465659","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. 15, No. 3","authors":"William Tai","doi":"10.5539/jpl.v15n3p89","DOIUrl":"https://doi.org/10.5539/jpl.v15n3p89","url":null,"abstract":"Reviewer acknowledgements for Journal of Politics and Law, Vol. 15, No. 3, 2022","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42527598","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":"Contending Weltanschauungen and the Shrinking of Democratic Spaces An Appraisals of Nigeria Democratic Practices-2015-2022","authors":"Chukwuemeka Enyiazu, JohnPedro Irokansi, Akilo Joy Anurika","doi":"10.5539/jpl.v15n4p95","DOIUrl":"https://doi.org/10.5539/jpl.v15n4p95","url":null,"abstract":"Ivan Krastev said “we are all living in Vladimir Putin’s world now”, where sheer force tramples over democratic rights. However, the travails of the liberal order is not only Putin’s Russia, China waits on the wings….Even the bastions of democracy like United States of America (USA) and United Kingdom (UK) are not left out. In them have arisen Rightwings populist in the guise of ‘America First’, which cumulated to the January 6, 2021 ‘insurrection’ in Washington and the Brexit brouhaha in UK. Nigeria being a member of the comity of nations is not antipathetic to this trend. Of the twelve largest democratic decline in the world, seven are in Sub-Saharan Africa and Nigeria is number five. It had been noted that Democratic practise in Nigeria is a hybrid: civil rule, militarism, and ethnic jingoism. In a recent poll by Statista, 77.2% of Nigerians agree that Nigeria democracy is flawed. This paper interrogates the democratic reversal in Nigeria using the Realist Balance of Power (BoP) Framework in the midst of contending Weltanschauungen. The paper argues that Russia and China’s contrary worldview to democratic norms has given countries democratic trade-offs, which have engendered democratic reversal worldwide, Nigeria inclusive. The paper recommends continuous vigilance by Nigerian’s civil societies and others, to insist that democratic tenets are upheld always, as exemplified by their insistence for the signing of the 2022 Electoral Law. Data were collated through documentary methods; these qualitative data were transcribed, interpreted, and analysed through systematic logical deductions.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43584456","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 Collapse of the English Legal System - Who Is to Blame? Part 1","authors":"G. McBain","doi":"10.5539/jpl.v15n4p1","DOIUrl":"https://doi.org/10.5539/jpl.v15n4p1","url":null,"abstract":"The Collapse of the English Legal System - Who Is to Blame? \u0000 \u0000Part 1.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45713597","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":"Modernising Some Final Crown Prerogatives","authors":"G. McBain","doi":"10.5539/jpl.v15n3p65","DOIUrl":"https://doi.org/10.5539/jpl.v15n3p65","url":null,"abstract":"Modernising Some Final Crown Prerogatives.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43234046","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 Competence of the Electoral Commission to Conduct Free and Fair Elections in Tanzania: A Legal Analysis","authors":"Ryoba Marwa","doi":"10.5539/jpl.v15n3p54","DOIUrl":"https://doi.org/10.5539/jpl.v15n3p54","url":null,"abstract":"The credibility of election being termed as free and fair election cannot be examined without examining the competence and independence of the Electoral Commission with mandates of conducting the elections. In Tanzania, Electoral Commission of Tanzania vested with mandates of conducting elections is constitutionally and statutorily described to be an independent body with the mandates of carrying out its functions without adhering to directives from any person. Nonetheless, the analysis in this study reveals that the Electoral Commission of Tanzania’s set-up is unlikely to run elections and produce a government that reflects the will of Tanzanian voters. This is so because the said Electoral Commission is not independent of the ruling party, in particular the influence of the incumbent President. The incumbent President's legal mandates in interfering with the Commission's functioning give the ruling party an advantage over other political parties during elections. The incumbent President is more likely to dictate election results than the Electoral Commission. These create an unfair playground for other participating parties during elections. It is also revealed that the courts in Tanzania lack jurisdiction to deal with petitions against presidential results once declared by the Electoral Commission. As such, the independence and impartiality of the Electoral Commission to run free and fair elections remain a serious legal concern for the supporters of the effective functioning of democracy. Lastly, this paper concludes that the Electoral Commission of Tanzania is not competent, impartial and independent to run credible, free and fair election in the country. Thus, this calls for serious legal reform to establish an electoral body capable of conducting free and fair elections in the country.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-07-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48716534","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}