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Assessing the Performance of the Niger Delta Development Commission (NDDC) 2001-2020: Another Failed Dream
Kaniye Samuel Adheledhini Ebeku
Issue:
Volume 3, Issue 3, September 2020
Pages:
78-90
Received:
18 January 2020
Accepted:
11 March 2020
Published:
9 June 2020
Abstract: The Niger Delta region of Nigeria is of critical importance to the country because of its oil revenues. Noteworthy, it is also strategic to the international community because of its significant contribution to world supply of oil; such that any shortage of oil supply from the region invariably causes increases in international oil prices. From the 1970s to date oil revenues derived from the Niger Delta region have been used to develop other parts of Nigeria, while the region has been left underdeveloped. This contradiction led to protests by the people of the region, which led to the establishment of the Oil Minerals Producing Areas Development Commission (OMPADEC) in 1992. The dream of OMPADEC was the transformation of the Niger Delta region from the state of poverty and underdevelopment to a prosperous society equipped with modern facilities and infrastructure. However, that dream failed due to several factors, including corruption and poor project execution. This disappointment generated intensified protests by the people of the region, leading to the establishment of the Niger Delta Development Commission (NDDC) in 2000 with the same mandate as OMPADEC. Many scholars have suggested that the NDDC has failed. This article assesses this suggestion and concludes that the NDDC is another failed dream. To succeed, appropriate recommendations are made towards reformation of the Commission for effective performance.
Abstract: The Niger Delta region of Nigeria is of critical importance to the country because of its oil revenues. Noteworthy, it is also strategic to the international community because of its significant contribution to world supply of oil; such that any shortage of oil supply from the region invariably causes increases in international oil prices. From the...
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Legal Issues Associated with High School Expulsion
Yao Suet Yi Sherry,
Zhao Danyang
Issue:
Volume 3, Issue 3, September 2020
Pages:
91-95
Received:
23 April 2020
Accepted:
4 June 2020
Published:
16 June 2020
Abstract: Expulsion has been a necessary part of student status management for many high schools, and schools can expel students who violate relevant regulations. But in China there is a lack of legal basis for the procedural guarantee in student expulsion, which inevitably leads to inconsistent standards and procedures in different schools. Considering substantive issues, unclear rules about expulsion have led many abused expulsion in practice. High schools can make rules to manage students, but there is no relevant law that whether high schools have the power of dismissing students. And if high schools can dismiss a student, the scope of expulsion matters is another complex problem. Expulsion is most severe and extreme way to punish students. In practice, high schools determine which kind of actions needs to be punished by themselves. The author finds out some students were dismissed because of some small mistakes. This phenomenon violates Proportionality principle, and students’ rights of accepting education are infringed. Besides that, procedures of expulsion in different high schools are different. Some high schools have simplistic procedures when making the decision of expelling or dismissing students, which infringes students’ rights. The author sorts out the management authority of high school by the dual approach of entity and procedure, and puts forward personal thinking about the chaos in practice. In view of the incomplete education laws in China, and the improper regulation and enforcement of ordinary high school sanctions. The author analyzes problems on expulsion in high schools based on real-life cases, and provides advice for this problems.
Abstract: Expulsion has been a necessary part of student status management for many high schools, and schools can expel students who violate relevant regulations. But in China there is a lack of legal basis for the procedural guarantee in student expulsion, which inevitably leads to inconsistent standards and procedures in different schools. Considering subs...
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The “Prosecutor”: Differences and Similarities Between Brazilian and United States Constitutional Systems
Níkolas Reis Moraes dos Santos,
André Braga de Araújo
Issue:
Volume 3, Issue 3, September 2020
Pages:
96-101
Received:
10 June 2020
Accepted:
1 July 2020
Published:
6 July 2020
Abstract: This paper results from a bibliographic and field research that had as main objective to identify in the constitutional literature and in the personal experience of the authors, elements that could confirm the hypothesis that supposes that the differences between the Brazilian and the United States of America constitutional systems are relevant in light of the prosecutor's role as the holder of the criminal and civil issues. The authors´ participation in the International Legal Scholars Academy Program, from Delaware Law School, guaranteed the field research, which was supported by the bibliographic review of Brazilian and North American authors, in addition to the two Constitutions and infraconstitutional laws. The conclusion, so, confirmed the hypothesis, that is, although substantial similarities have been identified between the two systems, the differences among them are huge, to the point that it can be said that they are indeed paradigmatic. Especially, because in U.S. prosecutors have the obligation to represent them government in all legal matter, while a public lawyer represents Brazilian government in legal matters. In short, Brazilian Prosecutors represent and defend the law enforcement, not the government. Also, because of the differences of the judicial traditions: Civil Law versus Common Law. To achieve the objective, the referent technique was used and inductive method was applied. The nature of the research is basic and the approach to the problem is qualitative.
Abstract: This paper results from a bibliographic and field research that had as main objective to identify in the constitutional literature and in the personal experience of the authors, elements that could confirm the hypothesis that supposes that the differences between the Brazilian and the United States of America constitutional systems are relevant in ...
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The Philosophy and Possible Inadequacies of Crises Governance: Lessons from a Recent Book
Dimitris Konstantinos Kioukias
Issue:
Volume 3, Issue 3, September 2020
Pages:
102-105
Received:
12 May 2020
Accepted:
3 July 2020
Published:
13 July 2020
Abstract: This short case is based on the author’s book “Governing Really?” which inserts into policy analysis some new philosophical, methodological and practical insights. Whereas the book includes analyses of quite a few policy areas, this case study delimits its investigation to unexpected events-crises. While purely managerial approaches to problem solving rest on some quantifiable evaluation criteria, a more classical rule of law approach usually focuses on causes and punishment of a crime. Even though in the case of “natural disasters” this is a difficult work, among others because they are quite internationalized, the casualties that hit the population are such that lack of investigation of this sort will prove to be both unfair and dangerous. The paper suggests that preventive work can be done in the area of education and culture, aiming at reintroducing more logical argumentation at the expense of postmodern irrationalism and various techniques inspired by it. If postmodern revisionism has the merit of encouraging more pluralistic approaches to policy making, we must keep alert about its relativism and its tendency to transmit (to the media and the laws among others) insignificant stories, or a fear about description. Therefore, so the argument goes, a policy maker must take into account “great” ideas too, as ideas guide any kind of thought, including materialist mental artifacts. At the end of the day one of selected ideas will fit a case in question. Accordingly, effective tackling of natural disasters may well rest on managerialism, as it has happened in the historical past, but must choose a good governing idea too, avoiding routine automatic, or “silent” solutions.
Abstract: This short case is based on the author’s book “Governing Really?” which inserts into policy analysis some new philosophical, methodological and practical insights. Whereas the book includes analyses of quite a few policy areas, this case study delimits its investigation to unexpected events-crises. While purely managerial approaches to problem solv...
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Access to Justice: Legal Concept and Characterization
Bruno Makowiecky Salles,
Paulo Márcio Cruz
Issue:
Volume 3, Issue 3, September 2020
Pages:
106-113
Received:
5 February 2020
Accepted:
30 April 2020
Published:
4 August 2020
Abstract: What should be understood, at the same time, by Access to Justice? The present theme in Brazil has been shown to be relevant and pertinent, considering also the normative approaches and guidelines of our Civil Procedural Code that assimilates principles and guidelines, above all for the efficiency of the Judiciary and the need for a good jurisdictional provision. This article therefore addresses the challenge of answering that question by describing the main elements that portray the stage of development of the theme in Legal Science. The analysis of key concepts together with the exposure of the themes in order to clarify to the reader their pertinence in the legal scope is present in this approach. Without pretending to exhaust the subject, we seek to situate Access to Justice in the contemporary scenario and present the approaches commonly attributed to it, providing the methodological and terminological clarifications necessary for an adequate understanding of the theme, with an emphasis on demonstrating that the improvement of Justice needs above all to privilege legal institutions essential to Democracy, using above all the consolidated procedural bases. In this context, perspectives classified as legal-procedural and democratic-institutional are considered, as well as the concepts of access to the judiciary and access to rights, effective access, with visible and accounted results, both included in the universe of access to justice (lato sensu).
Abstract: What should be understood, at the same time, by Access to Justice? The present theme in Brazil has been shown to be relevant and pertinent, considering also the normative approaches and guidelines of our Civil Procedural Code that assimilates principles and guidelines, above all for the efficiency of the Judiciary and the need for a good jurisdicti...
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Corruption in the Capital Construction Sector in Vietnam – Characteristics, Reality, Tricks and Preventing Solutions
Issue:
Volume 3, Issue 3, September 2020
Pages:
114-122
Received:
15 July 2020
Accepted:
27 July 2020
Published:
18 August 2020
Abstract: Investment in capital construction is one of essential demand of a country and takes the role of boosting its economy. In recent years, Vietnam has taken an emphasis on basis construction for the target of economy growth contributing to the work of industrialization and modernization, meeting the requirements of the science and technology revolution in the 4th age. Capital construction, however, has recently revealed many limits and faults coming from weakness in management of the authorities as well as from directly the undertaking units of construction. This article is based on assessment of corruption in the field of capital construction in Vietnam and tricks of the criminal in corruption and how they can hide their violation and legalize the corrupting assets from which the composer suggested synchronous solutions in preventing and fighting the crime of corruption in capital construction. The article inherits the previous author's studies on corruption in the field of capital construction and updates the new methods and tricks of crimes in the field of capital construction in recent times, and new issues need to be raised to improve the effectiveness of preventing corruption in the capital construction sector in Vietnam in the coming years.
Abstract: Investment in capital construction is one of essential demand of a country and takes the role of boosting its economy. In recent years, Vietnam has taken an emphasis on basis construction for the target of economy growth contributing to the work of industrialization and modernization, meeting the requirements of the science and technology revolutio...
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Juridical Analysis of the Enactment of Government Regulation on the Right of Assembly in Indonesia
Manotar Tampubolon,
Panti Silaban
Issue:
Volume 3, Issue 3, September 2020
Pages:
123-139
Received:
7 July 2020
Accepted:
21 July 2020
Published:
25 August 2020
Abstract: This article aims to analyze the legal framework of freedom of association in post formation of Law No. 2 of 2017 and Law No. 2 of 2017 on the right to assembly in Indonesia. It is claimed that a number of Civil Society Organization (CSOs) threaten the Indonesian government. Those organizations carry out activities which are contrary to the values of the Pancasila and the mandate of the constitution. This article addresses that revocation of Civil Society Organization is not a violation of human rights, especially the freedom of association and assembly. CSOs must comply with the law and state ideology, Pancasila, as Ground Norm and the 1945 Indonesian Constitution. Those CSOs have carried out acts of hostility including words, statements, attitudes or aspirations verbally which create hatred both towards certain groups and against those who fall into the state administration. Those activities potentially cause social conflict between community members leading to chaotic conditions that are difficult to prevent and overcome by law enforcement officials. Therefore, freedom must be limited.
Abstract: This article aims to analyze the legal framework of freedom of association in post formation of Law No. 2 of 2017 and Law No. 2 of 2017 on the right to assembly in Indonesia. It is claimed that a number of Civil Society Organization (CSOs) threaten the Indonesian government. Those organizations carry out activities which are contrary to the values ...
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Critical Review of the Practice of Courts of Bosnia and Herzegovina in Resolving CHF Loan Disputes
Adriana Pranjic,
Stjepo Pranjic
Issue:
Volume 3, Issue 3, September 2020
Pages:
140-153
Received:
18 August 2020
Accepted:
7 September 2020
Published:
19 September 2020
Abstract: The practice of BiH courts in resolving CHF loan agreement disputes is poor. By Decision, No. AP-962/20 and Decision, No. AP-3877/17 of the Constitutional Court of BiH, they were rejected as inadmissible appeals, as they were allegedly prima facio unfounded. Appeals were filed against the judgments of the FBiH Supreme Court. All judgments of the Supreme and lower courts in BiH are challenged because they were made in a decisive reference to the decision of the Supreme Court of the FBiH, No. 58 0 P 135023 16 Spp, dated 25.05.2016, which is a circumvention of rights and justice. In fact, in terms of Article 61 of the Law on Civil Procedure, “Official Gazette of the F BiH” no.: 53/03, 73/05, 19/06 and 98/15 (LCP), the Supreme Court, in that decision, expressed its understanding on legal issues from the subject of the loan agreement with a currency clause in CHF. It is obvious that these are not legal, but factual issues. If these were legal issues, then the courts would simply cite explicit answers to those questions as solutions to the law rather than constructing them linguistically. The first-instance court could not in any way refer to the legal understanding of the Supreme Court according to which the interest margin is sufficiently determinable without determining whether the contract contains information on the interest margin in the sense of Article 26, Article 50, Article 1065 and Article 1066 of the Law on Obligations, "Official Gazette of the SFRY," no. 29/78, 39/85, 45/89, 57/89, "Official Gazette of R BiH," no. 2/92, 13/93, 13/94, "Official Gazette of the F BiH," no. 29/03, 42/11. (LO). The courts could not reject the plaintiffs' claims for the return of unjustifiably higher interest collected, when this was proved by the Finding and the expert opinion.
Abstract: The practice of BiH courts in resolving CHF loan agreement disputes is poor. By Decision, No. AP-962/20 and Decision, No. AP-3877/17 of the Constitutional Court of BiH, they were rejected as inadmissible appeals, as they were allegedly prima facio unfounded. Appeals were filed against the judgments of the FBiH Supreme Court. All judgments of the Su...
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