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Research Article
Optimization of Consumer Dispute Resolution Tasks by the Consumer Dispute Resolution Agency of Makassar City
Abd Haris Hamid*
,
Mustawa Nur,
Ruslan Mustari
Issue:
Volume 8, Issue 2, June 2025
Pages:
70-77
Received:
16 February 2025
Accepted:
27 February 2025
Published:
28 March 2025
Abstract: Consumer dispute resolution by the Consumer Dispute Resolution Agency (BPSK) of Makassar City which is carried out through mediation or conciliation or arbitration, has not been running optimally due to various obstacles, namely the constraint of legal substance, namely the BPSK Decision is Final and Binding, but can still be objected to in court, the consumer protection law was born in the era of centralized government, while reform demands the need for a government based on regional autonomy, as a result the consumer protection law, especially that related to the existence of BPSK as stated in Article 49 paragraph (1), has become weak due to the creation of Law Number 23 of 2014 concerning Regional Government, there is no Standard Operating Procedure regarding the implementation of BPSK duties and authorities, there is no regulation regarding the procedure for executing BPSK decisions. Technical operational obstacles, namely office facilities do not support and the operational budget is very limited, even for certain things it is not available.
Abstract: Consumer dispute resolution by the Consumer Dispute Resolution Agency (BPSK) of Makassar City which is carried out through mediation or conciliation or arbitration, has not been running optimally due to various obstacles, namely the constraint of legal substance, namely the BPSK Decision is Final and Binding, but can still be objected to in court, ...
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Research Article
Financial and Economic Mechanisms for Preventing Military Conflicts
Issue:
Volume 8, Issue 2, June 2025
Pages:
78-82
Received:
11 February 2025
Accepted:
28 February 2025
Published:
10 April 2025
Abstract: The work is devoted to a new approach to ensuring the enforcement of international treaties and agreements. As you know, there are no real guarantees for the fulfillment of treaties in the field of international politics, just as there are no coercive measures to fulfill political obligations and security guarantees. Just as in the physical world, the forces of nature force material systems to return to equilibrium, in both local and global economic systems, the market plays the same function as the main tool for preventing shocks and overcoming their consequences. This publication offers a set of ideas describing the use of economic methods in solving the problems of preventing military action. Among these methods, special attention is paid to sub bonds (Suirprize Attack bonds), which can be useful as a safeguard against sudden aggression, they also mitigate the socio-political and military consequences for the victim of an attack.
Abstract: The work is devoted to a new approach to ensuring the enforcement of international treaties and agreements. As you know, there are no real guarantees for the fulfillment of treaties in the field of international politics, just as there are no coercive measures to fulfill political obligations and security guarantees. Just as in the physical world, ...
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Commentary
Recognition of Naga Customary Law and Practices in Northeast India: Convergence or Conflict
Subhash Chandra Singh*
Issue:
Volume 8, Issue 2, June 2025
Pages:
83-102
Received:
8 March 2025
Accepted:
24 March 2025
Published:
14 April 2025
Abstract: India is a unique example of unity in diversity. The diversity and variety of the language, caste, culture, tribe and religion is remarkably distinguished as a wonderful mosaic of anthropological splendor. Tribal peoples generally prefer having their disputes determined by the customary courts because their procedures are simpler and cheaper compared to formal law courts. The courts are also located near the public and the justice is available at the doorstep of the people. The courts apply orally transmitted rules and norms while rendering decisions. Village Court in Nagaland is unique not only in the country but also in the world. In India, the national justice system is well structured and independent based on the adversarial system of English Common Law. But the justice system of the tribal peoples in Northeast India, specifically in Nagaland, is quite different. In Nagaland, the tribal peoples have a high degree of integrity governed by their customary laws. Customary laws emerged from the community and through them the socio-cultural identity of the tribal community is preserved. Customary laws in Nagaland vary from tribe to tribe and are largely unwritten. The tribal communities cherish their laws as inherent to their identity. Customary laws and practices in Nagaland regulate certain customary rules of behavior and include enforcement procedures and punishment for violations, turning them into a guardian of tribal values and norms. Many aspects of customary laws are good and need to be preserved, such as simplicity of procedures and preference for reconciliation rather than litigation. In recent years, there have been considerable changes in the contents, interpretation, and enforcement of customary laws. Particularly, this seems to appear in the State of Nagaland where the traditional people give them the strict interpretation and resist changes in traditional laws. This paper examines the constitutional and legislative framework within which the customary law and practices operate.
Abstract: India is a unique example of unity in diversity. The diversity and variety of the language, caste, culture, tribe and religion is remarkably distinguished as a wonderful mosaic of anthropological splendor. Tribal peoples generally prefer having their disputes determined by the customary courts because their procedures are simpler and cheaper compar...
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Research Article
Beyond Theoretical Postulates: Concretizing the Field of Sociology of Law
Håkan Hydén*
Issue:
Volume 8, Issue 2, June 2025
Pages:
103-120
Received:
12 January 2024
Accepted:
31 January 2024
Published:
9 May 2025
Abstract: The article discusses the potential for the field of sociology of law (SoL) to complement legal science in studying the law and as a science of its own. SoL and legal science study two different realities of law: one based on internal operations, practices, concepts, and perceptions, the other focusing on law's interaction with its societal environment. The knowledge interest of SoL is the background or genesis of law and the functions and consequences of legal regulation. The article argues that instead of integrating SoL and legal dogmatic, SoL could fill gaps that legal dogmatic leaves behind due to epistemological shortcomings in explaining legal practice. The article emphasizes that law is not one indivisible entity which is the tendency in most SoL. It consists of different types of legal norms all with their own characteristics. The article introduces the concept of intervening law, which regulates labor, environment, consumers, and the like in relation to protections of different kinds. Intervening regulation indicates a transitional society and heralds the need for a new societal formation. Finally, the article introduces and points out Norm science as a complement to social sciences putting forward motives as explanatory of human behavior. Another advantage is that Norm science acts as a synthesizing tool affording interdisciplinarity.
Abstract: The article discusses the potential for the field of sociology of law (SoL) to complement legal science in studying the law and as a science of its own. SoL and legal science study two different realities of law: one based on internal operations, practices, concepts, and perceptions, the other focusing on law's interaction with its societal environ...
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Research Article
Urban Waste Management Under Cameroonian Law
Issue:
Volume 8, Issue 2, June 2025
Pages:
121-131
Received:
6 April 2025
Accepted:
4 May 2025
Published:
19 June 2025
DOI:
10.11648/j.ijls.20250802.15
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Views:
Abstract: The issue of urban waste management, and even more so urban waste disposal, is one of the factors that can jeopardize sustainable development in urban areas. In the case of cities in developing countries in general, and in Cameroon in particular, the situation is more delicate, and the concept of sustainability must be put into perspective, as the current generation's well-being is hampered by various structural and organizational factors. As such, it is clear that urban waste management in our cities is a genuine concern for preserving our environment in an ecologically sustainable manner. This leads us to question the nature of the legal framework for urban waste management in Cameroon. In short, is urban waste management in Cameroon legally regulated? The purpose of this research will be to analyze the behavior of African states, taking the example of Cameroon, in addressing the issue of urban waste management through the managerial philosophy embodied in their national legislation in light of international requirements in this area.
Abstract: The issue of urban waste management, and even more so urban waste disposal, is one of the factors that can jeopardize sustainable development in urban areas. In the case of cities in developing countries in general, and in Cameroon in particular, the situation is more delicate, and the concept of sustainability must be put into perspective, as the ...
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Research Article
Rights of Nature and Environmental Management in the Developing Countries
Chris Ogolo Ikporukpo*,
Ninane Nina Ikporukpo
Issue:
Volume 8, Issue 2, June 2025
Pages:
132-139
Received:
19 May 2025
Accepted:
3 June 2025
Published:
23 June 2025
DOI:
10.11648/j.ijls.20250802.16
Downloads:
Views:
Abstract: In spite of the fact that Rights of Nature (RoN), the perspective that natural objects, such as trees and rivers, should have legal rights like humans, has its beginnings in the United States of America (USA), it is in developing countries that it blossomed. Its emergence was catalysed by the realization that the human-based philosophy of development, anthropocentrism, has complicated the environmental crisis, and therefore one with nature as its centre, ecocentrism, is needed for effective environmental management. This paper analyses the theoretical and philosophical basis of RoN, its evolutionary trajectory and the challenges to its effectiveness in the developing countries. Documents/publications of those countries that have or attempted to adopt RoN, environmental civil society organisations, and those of researchers, are the main sources of data/information. Legal personhood provides the theoretical basis of RoN while its philosophical stance is influenced by the indigenous people’s perspective on nature as a living system that is sacred and requiring harmonious relationship with humans. Ecuador which amended its constitution to include RoN provisions in 2008, is the first country in the developing world and the second globally after Tamaqua Borough, USA, to adopt RoN. Currently all the countries having country-wide RoN are in the developing world. Apart from Ecuador, others are Bolivia, Uganda and Panama. The introduction of RoN in these other countries was through legislation. Mexico and Brazil are countries where municipalities are the spatial units endowed with rights. Rivers, such as in Bangladesh, Colombia, India and Peru, are the most common natural entities endowed with rights. Ecuador and Bolivia are the earliest adopters of RoN while Panama and Peru are the most recent. Several challenges hinder an effective operation of RoN. These include ambiguity of the phraseology of RoN, inappropriate RoN guardianship systems, limited scope and coverage, conflict between the economic structure of the countries and RoN, and the high level of corruption in many of the countries. In order for RoN to succeed, the emergent challenges must be addressed.
Abstract: In spite of the fact that Rights of Nature (RoN), the perspective that natural objects, such as trees and rivers, should have legal rights like humans, has its beginnings in the United States of America (USA), it is in developing countries that it blossomed. Its emergence was catalysed by the realization that the human-based philosophy of developme...
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