Showing papers in "Beijing Law Review in 2017"

The Presumption of Innocence in Europe: Developments in Substantive Criminal Law

Abstract: The essay is focused on the idea that the content considered to be intrinsic to the principle of presumption of guilt is the product of specific ideological choices, ranging between a higher sensitivity to social defence and individual guarantees. This is confirmed by the historical social debate in Italy, by the classical school up to the Republican Constitution, by the ideas of the positivist school and those of the technical-juridical school. Then the work opens to a comparative perspective, by analyzing certain aspects of the presumption of guilt in some European state systems, both from a constitutional point of view and from the point of view of the disciplines specifically pertaining to the different juridical cultures; they leave us doubts about the legitimacy of normative and interpretation models, which seem to consider some elements of the cases in point as being implicit in the tangible fact or to be assessed by presumptions, with a possible inversion of the burden of proof. After an excursus about the homogeneizing role of the presumption of guilt within a supranational perspective, the research focuses on the case law of the European Court of Human Rights and of the European Court of Justice, highlighting some of its ambiguities and contradictions as regards the admission of “reasonable” waivers of the presumption of guilt as rule of evidence. The same critical observations are made as regards the proposal of EU directive about the consolidation of the idea of the presumption of guilt, which, instead, paradoxically seems to weaken its content of defence of civil rights. The research deals with some hypotheses undermining the principle by the help of the substantive penal law, such as the ideas of presumed danger or intention and guilt, underlining, on the contrary, the necessity of an integrated vision of the penal system, imposing a model of trial being consistent with that of the substantive law defending civil rights. Conclusions are devoted to the risk, due to misunderstood punishment efficiency, of a substantially new interpretation, from a probative point of view, of substantive penal guarantees showing how the case law and European norms in course of development can influence this. Finally they also deal with the critical points and ambiguities in the evaluation of the reasonableness of waivers of the principle and in the balance between social defence and individual guarantees made according to equivocal and incontrollable parametres leaving space to illegitimate solutions.

Maritime Boundaries Delimitation and Dispute Resolution in Africa

Abstract: Africa’s borders are bestride with many challenges ranging from religious and terrorist movements to cattle rustling, military conflicts to human trafficking. The challenges are endless, but whether the boundary disputes are terrestrial or maritime, they are mostly about security and prestige. Growing human population, political awareness and environmental challenges mean that the problems are likely to heighten, unless they are resolved. Despite the provisions of UNCLOS, Africa has several unresolved maritime boundary disputes. In this light, this article aims to examine the African situation, and discuss the challenges involved in the delimitation and management of maritime boundaries in Africa. This article presents the issues, causes, essence and the security imperative of maritime boundary disputes in Africa.

Federalism, Nigerian Federal Constitution and the Practice of Federalism: An Appraisal

Abstract: In 1954, the Nigerian founding fathers opted for a federal system of government despite its inherent challenges in a pluralistic society. This research work x-rayed federalism in Nigeria as the only basis upon which Nigeria can remain united despite its diversity and peculiar conditions in which the different tribal groups live in and proffers solutions to the challenges of the practice of federalism in Nigeria. The greatest problem of federalism in Nigeria today is the general problems of the true nature of the federal relationship as manifested in the intense rivalry and confrontation between the Federal and State Governments. This work recommends that the calls for the restructuring of federalism in Nigeria under the 1999 Constitution (as amended) should be implemented and federalism demands of them co-operation with one another in order to promote the welfare of the people through their combined powers.

China Pakistan Economic Corridor (CPEC); Most Valuable Dream for Pakistan through Economic Integration in the Region but May Not Become True without Upgradation of Physical Infrastructure and Legal System!

Abstract: To achieve the goal of sustainable economic development of Pakistan through logistics arrangements in CPEC, this research paper identifies and analyses benefits of CPEC, and also examines and highlights the legal system of Pakistan and its associated deficiencies in this context. Furthermore, this research paper critically examines the present logistics arrangement between China and Pakistan with reference to trade in services commitments and their impacts on such agreement. Governance, law and policy issues towards achieving Sustainable Development Goals (SDGs) are also big concerns for Pakistan. This will raise diverse legal and policy issues hence create uncertainty and conflict of laws both domestic and internationally. These issues can be handled and solved through upgrading domestic transport and logistics laws and making them in line with international practice. Furthermore coordination and cooperation between local institutes and agencies is most important initiative to gain maximum benefits. Adoption and accession of international conventions of transport and logistics will also have key role to play for better results from CPEC. The current research is rested on qualitative and socio- legal methods of research whereby the authors opt for a qualitative research design as opposed to a quantitative one. The research design would be the analysis between road transport and logistics investment laws exists in Pakistan and Chinese model of logistics arrangement formulated in CPEC by both countries. This research paper will discuss these in detail. Firstly, China Pakistan bilateral trade relations and impacts on Pakistan economy. Secondly, CPEC transport and logistics investment in physical infrastructure in Pakistan. Thirdly, analysis of current rules and regulations applicable for China Pakistan bilateral trade and logistics arrangements. Fourthly, CPEC investment and future challenges for Pakistan and finally proposed comprehensive logistics investment framework agreement.

Academic Dishonesty in Ethiopian Higher Education and Its Implication for Corruption

Abstract: Academic dishonesty is a fundamental issue for the academic integrity of higher education institutions. Higher education institutions are places where citizens are prepared for a diverse need of life and societal issues. Hence, for long time, university students were not only a pride for their family, but for all the vicinity. They were respected and were models for high school students. Moreover, the society expects very high academic integrity. However, against these social values, academic dishonesty has reached alarming proportions in Ethiopian higher education institutions. New forms of dishonesty such as cheating, plagiarism and other forms of dishonesty are challenges of the requirement of academic honesty and integrity in higher education institutions today. Students’ access to modern technologies, such as mobile phones, iPods, internets, scientific calculator has broadened the ways by which students can achieve the goal of dishonesty. Therefore, this article will explore the challenges of academic dishonesty in our higher education and it’s far reaching implications for corruptions. In doing so, the paper will explore the mode of academic dishonesty and suggests systematic and comprehensive efforts to promote integrity and prevent dishonesty, especially compatible with the advancement of technology.

The Nigerian Child and the Right to Participation: A Peep through the Window of “The Best Interest” Clause of the Child’s Rights Act

Abstract: Prior to the Nigerian Child’s Rights Act 2003 (the first holistic enactment on the rights of the child), it was not conceivable (as in several countries of the world before the United Nations Convention on the Rights of the Child) that a child has participatory rights. The Nigerian Child’s Rights Act created participatory rights, but in some of the rights, they did not employ words showing that such rights were participatory, which thereby creating doubts in respect of their enforcement. This paper critically appraises the various sections of the Act on the subject and makes a comparative analysis of the sections on the participatory rights of the child with their equivalent in the African Charter on the Rights and Welfare of the Child, 1989 and the United Nations Convention on the Rights of the Child, 1990. It recommends that although, the Act did not expressly provide for the right of the child to participate in certain rights, these rights must be interpreted to implicitly included participatory rights in view of the omnibus provision of the Act that provides for “the best interest of the child”. The paper concludes that the legislature undoubtedly did not intend to exclude participatory rights of the child because non-participation of children no longer represents the global state of the law on the rights of children.

Child Rights Protection in Ethiopia: Critical Analysis of the Statutory Rape Provisions of the Criminal Code and Their Application

Abstract: Children, due to their mental and physical immaturity, are among the vulnerable section of the society. States are thus required to provide special protection and care for children by making necessary legal and institutional arrangements. To this effect, Ethiopia has ratified international and regional human rights instruments meant to provide protection for children. It also included provisions protecting child rights in its constitution. These constitutional provisions have also found expression in the subsequent legislative reform that, among others, resulted in the adoption of a New Criminal Code in 2004. This Criminal Code replaces the provisions of the earlier 1957 Penal Code on statutory rape providing better protection for children against sexual abuse. Yet, gaps still persist both in the law and practice in terms of fully realizing the rights of children in Ethiopia. This article aims to examine the legal and practical protection of children by the statutory rape provisions of the Criminal Code in the Ethiopian legal system. In doing so, it attempts to evaluate the current statutory rape provisions of the Criminal Code against child rights standards as well as evaluating the practical application of the laws by courts and prosecutors.

International Law of the Sea: An Overlook and Case Study

Abstract: Sea is a large body of water that is surrounded by the land. It is a crucial part of human trade and commerce, voyage, mineral extraction, power generation and is also considered as an essential source of blue economy nowadays. International law of the sea is a law of maritime space that peacefully settles the global disputes on maritime boundary between or among the States and defines various jurisdictions of the maritime zones as well as the rights and obligations of the coastal States in these zones, especially with regard to the conservation of marine environment and biodiversity. The key objective of this piece of academic research is to demonstrate a brief overview of the international law of the sea with a special emphasize on the sources and legal framework of this law. This study also strives to focus the civil and criminal liability, jurisdictions, rights and obligations of the coastal states with regard to the different maritime zones. Furthermore this study delineates the rules and extent of using these maritime zones in the light of various treaty provisions on the international law of the sea where different adjudicated cases are also presented along with a profound scrutiny upon their fact, issues, judgment and reasoning.

Banning Smoking in Public Places under Ethiopian Legal Framework: Some Evidences from Hawassa City

Abstract: Despite the fact that banning smoking in public places has been justified for smoking poses massive problems of health, welfare and ecology on both smokers and SHS elsewhere in the world, the issue of smoke banning in Ethiopia has not attracted the attention of researchers and the academics. Therefore, the overriding objective of this article is to explore legal and institutional frameworks banning smoking in public places to combat smoking as a public threat in Ethiopia. The study was predominantly undertaken through doctrinal legal research methodology. Accordingly, more than 15 proclamations, regulations, directives and legal notices on tobacco control were reviewed as primary legislative sources. Various international treaties and conventions and WHO reports, journal articles and books have been explored as secondary data. The result of this research revealed that legal restriction and controlling of tobacco product was introduced 90 years ago and banning smoking in public places is a recent phenomenon introduced in 2013 by virtue of Regulation No. 299/2013 and Ethiopia ratified the FCTC to strengthen the campaign. But enforcement of these legal measures flawed due to the existing laws allow smoking in designated area and failed to implement despite the implementation is proved being ineffective of protecting the SHS elsewhere. On top of that, it is found that there is no clearly defined legal and administrative measure to be taken if the law is not complied. Institutionally, some evidences in Hawassa city revealed that the department of health is not in a position to enforce smoke banning legislation due to lack of clear measures against noncompliance, lack of capacity, nonexistence of local ordinance at the regional level and lack of clearly defined duties and responsibilities of the enforcing organs. Therefore, this study concluded that banning smoking in public places under Ethiopian legal framework is not comprehensive and not effectively implemented to ensure its basic objectives of protecting the public from tobacco threat in general and SHS in particular.

Controversial Theories on the Death Penalty

Abstract: The question of the right to carry firearms, but especially abolishing the death penalty, had a tremendous impact on the intellectual and political community of the whole world with the ideas of Beccaria that stimulated the urgency also of the founding fathers of the various American colonies to give life to the new Constitutions reforming the existing criminal law and proceeding to the elimination of the capital punishment in many cases. However, after about two hundred and fifty years, the death penalty, which seemed destined to be abolished by the end of the eighteenth century, is still in use in the American legal system and a great subject of debate, despite several Supreme Court rulings. Even in Italy, the period that preceded its unification, was marked by a return to the past with regard to the penal system and the conception of the death penalty. Similarly, although the European continent is “death penalty free”, and the modern criminal law is generally constituted from its rejection of torture, in recent years, with the escalation of acts of terrorism and global tension, it seems to reoccur the relationship between torture and right, as if it was a reconciliation between two old friends and a strategy to re-legalize torture.

An Overview of the Copyright Protection Laws in Bangladesh—A Critical Analysis of the Copyright Act, 2000 with Its Loopholes and Recommendations

Abstract: Nowadays, it goes without saying copyright is one of the most significant field of Intellectual Property related to the exclusive monopoly rights in the arena of literature, dramatics, musical, artistic, cinematograph and sound recordings. Day by day the importance of copyright is increasing whereas the lacking of necessary measures to protect copyrights are going to be difficult because of our lack of enforcing mechanisms and insufficient laws and plagiarizing activities although we have Copyright Act 2000. To protect the rights and privileges of the author or the creator of Copyright works, footsteps and different measures of the Government should be increased and piracy must be stopped by establishing strong enforcement agency. To protect the copyrights of the creator especially of the author, the govt. should come forward to enforce the rules and regulations which have been incorporated in the Act of 2000 and some amendments are also required to enforce. By this research, the researcher tries to pick out the copyright status of Bangladesh, an overview of the Copyright Act 2000, and the common barriers and solutions of those barriers related to the copyright position in Bangladesh.

Nigeria—The Search for Autochthonous Constitution

Abstract: The issue of a Sovereign National Conference has always been a burning issue in the Nigerian media and in the public discourse. The arguments of former Presidents Olusegun Obasanjo and Goodluck Ebele Jonathan as well as former members of the National Assembly as to why a Sovereign National Conference is not attainable in the present democratic Nigeria are far from reality. This work x-rays the history of Nigerian constitutions making and the resultant consequence of her inability to evolve an autochthonous Constitution. It argues that the power of the sovereign people of Nigeria to make a Constitution by themselves through a constituent assembly elected for the purpose, subject to a referendum by the people could not have been taken away by the provisions in the 1999 Constitution of Nigeria for parliamentary constitutional amendments. It opines that the mandate given to the President and the Legislators to amend the Constitution is a limited mandate and is not meant to substitute the people as the repository of constituent power; it concludes that only an autochthonous constitution can salvage the country from her present political, ethnic and economic quagmire.

Adjudicating International Environmental Law Litigation: Recent Development of Case Law

Abstract: This article revolves around distinct dimensions related to the international environmental legal framework. In the recent years, there have been various developments in the field of international environmental law. Some of the inter-state disputes have raised concern towards resolving environmental issues. There are three well-known cases properly discussed in this article, i.e. Indus Waters Kishenganga, South China Sea and Pulp Mills case. In all of these three cases, a new jurisdiction has been proclaimed giving a new side to the international environmental litigation. For instance, ICJ’s judgement introduced the need for inclusion of EIA in the Pulp Mills case. On the contrary, the Partial Award in the case of Indus Waters Kishenganga, extended rights of India over Indus River but restricted the State from conducting extensive operations. The South China Sea case prohibited China from exercising historic rights over resources which belong to the nine dash line.

Torture in Lawful Custody: Violation of United Nations Convention against Torture in Criminal Justice System in Bangladesh

Abstract: This paper emphasizes on the effective implementation of United Nation Convention against Torture in Bangladesh because torture is a common scenario in the country right now, especially in lawful custody as a part of criminal justice system. Everyday this inhuman practice is taking place in Bangladesh which is not expected because torture represents the uncivilized human society. This practice must be stopped in every modern welfare state like Bangladesh. The Government of Bangladesh has ratified the “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984” and accordingly passed Torture and Custodial Death (Prevention) Act in 2013 in its parliament but the Act has failed to fulfill the objectivity of UN Torture Convention. Torture is frequently practised in lawful custody mostly by Police, Rapid Action Battalion (RAB), and other law enforcement agencies. Moreover, the government has not been able to take any step to compensate and rehabilitate the victims. Several human rights organizations are involved in Bangladesh to work against such malpractices as now it is a much talked issue in the civil society along with these organizations. There is no rigorous and comprehensive study in this field. This study is a very time bound exposition in the proposed field.

The Legal System for Credit Cards in Jordan

Abstract: As a widely used banking service and application, credit cards have gained popularity in the last few years. They have broadened in techniques, impressions on clients and consumer transactions. Owing to the fact that masses are utilizing this facility, credit cards have become more popular, especially in Jordan. The lawmakers of the country have not yet updated the legal system according to the ongoing advancements through special laws. Such an update would pave the way for legal protection. This is an ongoing process, and people are currently experiencing legal dilemmas owing to the unlawful use of credit cards.

Penalty Clauses: A Comparative Analysis between the Turkish and Ethiopian Laws

Abstract: Both the Ethiopian Civil Code and the Turkish Code of Obligation recognized party autonomy to agree a penalty clause either as an ex-ante estimation of a possible damage from non-performance of an obligation or as a sanction for default. But, despite the fact that both countries adhered to the continental legal system, there are considerable differences between the two regarding the regulation of penalty clauses. The paper examines the regulation of penalty clauses in legal literature as well as the laws of the two countries. It, in particular, analyses the two laws on the type of principal obligations that can be secured by penalty clauses, the possibility of claiming the enforcement of both the contract and the penalty, the relation between fault of the debtor & damaged suffered by the creditor on one hand and the enforcement of the agreed penalty on the other hand as well as possible court intervention in altering the free wills of the parties. A comparative approach is used throughout the paper in which the differences and similarities of the two systems are examined.

The House of Federation to Approve an Emergency Regime in Ethiopia: Peeking through the Preamble

Abstract: The charismatic leadership of Emperor Menelik has not only earned Ethiopia numerous nations, nationalities and peoples but also convinced the European colonialists to recognize the boundaries and existence of Ethiopia as a sovereign state. Following the glorious years of Emperor Menelik, bounded by political intrigues around the throne, deftly organized hectic negotiations to firmly land Ethiopia in the international political and legal space, and solidifying the accomplishment of Menelikian expansionism, Teferi Mekonnen was finally crowned the Emperor of Ethiopia in 1930. Questioning the existing political status of nations, nationalities and peoples came into the forefront during the reign of Haile Selassie although doomed to failure. The military government that assumed power in the footsteps of Haile Selassie was unsuccessful in the attainment of the request of ethno-nationalist political entrepreneurs who at the end brought down the government. The Federal constitution, in addition to making the right of the nations, nationalities and peoples’ non-derogable, has established the House of Federation to be composed of representatives of nations, nationalities and peoples. Above all, sovereignty is vested in the nations, nationalities, and peoples. Conversant to any imagination, the House that represents these groups is denied the authority to decide on issues of public emergency—a situation that threatens the life of the State. In consequence, this paper argues that power should be returned to the legitimate holders—the nations, nationalities, and peoples—a power to be exercised by the House of the Federation.

Confiscation and Criminal Assets Recovery—Review of Bosnian Law

Abstract: This paper deals with the legal frameworks in Bosnia and Herzegovina {BiH} for confiscation and criminal assets recovery. It contains proposals for improvement of local laws regulating domestic activities and international judicial cooperation for confiscation and criminal assets recovery. The presentation is in pursuit of two goals: increase the efficiency of confiscation in BiH and intensify international legal contacts of BiH with other countries for the purpose of depriving offenders of their wealth and deter them from committing new crimes. Several legislative proposals are made, namely: abandon the crime-related confiscation and adopt the unexplained wealth confiscation, create two domestic rules: for international sharing of crime-conditioned assets and for confiscation on foreign requests of assets when the conditioning crime is beyond the applicability of the local criminal law. Also, it is argued that BiH is in need of submitting a declaration to European Convention on Mutual Assistance in Criminal Matters and the Second Additional Protocol thereto. This declaration should state that BiH accepts letters rogatory from Parties to the Convention through the EUROJUST channel.

Minimizing Human Suffering and Protecting Persons Affected by Conflict: A Critical Appraisal of the Compliance System of International Humanitarian Law

Abstract: Egregious violations of international humanitarian law (IHL) are being committed every day both by states and non-state parties to a battle. This does not, however, mean that all contemporary armed conflicts are always and inexorably characterized by sweeping and widespread violations. Nevertheless, the disregard of IHL causes devastation and appalling suffering for the victims. What makes such violations even more reprehensible is that the sufferings could be avoided had the pertinent IHL rules were respected. Hence, initiatives should focus on enhancing the efficacy of IHL compliance mechanisms to ensure the lofty aim of IHL, minimizing human suffering and protecting victims. In this essay, a scrutiny on the adequacy of current IHL compliance system in light of contemporary armed conflict is made and a conclusion as to the existence of loopholes has been reached.

Inheritance of Hermaphrodite (Khuntha) under the Muslim Law: An Overview

Abstract: Like other creation of almighty Allah, the hermaphrodite should also be treated as human being and if we treated them as human they must have some rights, liabilities etc. This research shall try to explain and show one of their basic rights that mean the rights of inheritance. Quran does not speak about their rights of inheritance. So Jurists derive some rules about their right of inheritance with the help of Hadith and Qiyas. As there is a gap between religion and society, our society does not protect them and does not give their rights. So it is needed to protect them and make them strong financially they can also get their rights, respect, honor and care from society. This article shall also try to give an overview on the inheritance of hermaphrodite under the spirit of Quran with the help of Hadith, Qiyas and different opinions of the Imam and jurists. Finally, in this research, the researcher shall try to make sure a framework for the deprive hermaphrodite in Muslim countries in compliance with the mentioned provisions of Holy Quran, Hadith, Ijma, Qiyas, and also opinion of different eminent jurists of the Muslim World.

The Court, FCC and Internet Policy: Partly with South Korea

Abstract: The paper aims to explore the contour of internet regulation with a thread of Brand X, which navigates through constitutionalism, separation of powers, as well as business and economic or political implications enshrined behind it An exemplary insight with the Korean case was adverted that could lead to the comparative perspective of internet law and regulation for the future research The research was conducted by employing qualitative investigation, mainly relying on textual analysis and documentary examination The outcome of research generally corroborates with our assumption that i) the increasing administrative state will variegate the traditional interplay of three branches, ii) expert bureaucracy stands at the core of policy shaping because of the necessary new concept of market and policy specialization, iii) the role of US government is not only pioneering, but also influential as a regulator, but comparatively with differing national jurisdictions if not a negligible implications on the international competition or even conflict

An Appraisal of the Legal Framework for Adjudication of Industrial Disputes in Nigeria

Abstract: This paper is titled “An Appraisal of the Legal Framework for Adjudication of Industrial Disputes in Nigeria” and came against the background of the perennial dispute between labour and employers of labour, particularly the public sector, namely, employment under the Federal, State and Local Governments. Agitations for wage increases and improvement of conditions of service by labour have had to face up with government apparent insensitivity to the plight of labour. The results of these frequent disagreements have been the disruption in the industrial sector, low productivity of labour and retarded economic growth. Hence, this paper is aimed at addressing these negative outcomes by evaluating the framework as well as procedure for settlement of industrial disputes in the country with a view to achieving better industrial harmony. The paper has identified three principal legislations that are relevant to adjudication of industrial disputes in the country, namely, the 1999 Constitution of Nigeria (Third Alteration Act) 2010; the National Industrial Court Act, 2006; and the National Industrial Court of Nigeria (Civil Procedure) Rules, 2016. The paper has appraised the strengths and weaknesses of these legislations as well as the factors that militate against their capacity to accomplish their common objective of achieving harmony and stability in the labour sector. To remove these setbacks the paper has recommended among others things, the amendment of the extant laws to attain the best ends of justice and to restore and sustain the confidence of litigants in the adjudication process, which is key to avoidance of frequent strikes and lock-outs.

The Physical-Object Invention and the Material Invention —Efficient Use of a Categorization Based on Looks (Appearance and Property)

Abstract: As the way of the categorization of inventions from their appearances and properties, the physical-object invention focuses on the shape and structure of articles, and the material invention focuses on the property and its transformation of articles (the Opinion 1). The author has hitherto proposed the above categorization. In this paper, the ground of the introduction and reasonableness of introducing this categorization into the patent system will be explained in more detail. In addition, the property and its transformation in the material invention and the technical systematization of the contents of the definition of the physical-object/material inventions will be analyzed. The relation of an article and material can be represented by the words “An article comprises materials.” The flow of technical development and formation of inventions will be also explained. The issues, which should be revised, relating to the existing patent examination guidelines and the interpretation of the theory of dividing invention into elements, will be analyzed, using the categorization of physical-object/material inventions. The reason why the PBP Claim can be applied only in the case of material inventions (only in the part of them) will be also shown. On the contrary, the reason why the relation to use other persons patent invention can be applied only in the case of physical-object inventions will be also explained. In this regard, the discussion will be made combining together the author’s another opinion (the Opinion 2) placing the high value on the principle in the analysis of the formation process of inventions, especially in the case by means of experiments, also. Furthermore, the possibility of introducing the categorization of physical-object/material inventions in the way of making inventions will be discussed.

Mandatory Pre-Employment Medical Examination—The Practice and the Law: Is It Justifiable?

Abstract: “An employee shall not in respect of any person seeking employment, or of persons already in his employment; discriminate against the person on grounds of gender, race, colour, ethnic origin, creed, social or economic status, disability or politics” (Section 14(e) of the Labour Act 651). The aim of this study is to evaluate the process of pre-employment medical report examinations, the law and the practice—in some public institutions in Kumasi. This study was conducted in two major public institutions in the Kumasi metropolis. The identities of respondents will remain confidential so as to maintain anonymity. Three groups of respondents were used in the study (Group 1: Employees who were employed within the past 5 years. Group 2: Eight medical doctors who have been mandated to conduct and write medical reports of prospective employees. Group 3: Ten senior human resource staff members of the two aforementioned public institutions). Each group was asked specific questions related to the process of medical examinations and the laws of employment. Responses were analyzed and reported descriptively using SPSSII. All respondents from Group 1 were asked to submit to a medical examination commencing work. Sixty-five (65%) percent of respondents in Group 2 indicated that they were unaware of the job description of a prospective employee at the time of examination. All members in Group 3 indicated that the medical examination results of applicants are kept on their personal files, which are accessible to other human resource personnel. Based on the above section of the Labour Act of 2003, it is our assertion that there is no legal basis for the mandatory request of medical examination reports of prospective employees. Again, the medical reports do not always take into consideration the job description of the prospective employee. Therefore, reliance on a medical report to determine the fitness of a prospective employee for a particular job is not based on fair evaluation and thus not justifiable for the institutions studied.

Constitutional Amendment—The Proposal Stage

Abstract: Studies of the rigidity of constitutional amendment often focus on formulas that are applied in the final stages of amendment, stating that amendments must be decided by a two-thirds parliamentary majority, by a three-fourths majority, by referendum, by a combination of several such prescriptions, and so forth. However, much can probably be added to our knowledge of rigidity causes and consequences by expanding research to cover other decision stages, like the proposal stage, which conveys the right of constitutional amendment initiative on specified actors and institutions. While several countries do not in their current constitutions regulate the constitutional amendment proposal stage, initiative prescriptions are in fact given in a majority of the constitutions of the countries of the world, the precise number being 111. The number is impressive and certainly suggests that the proposal stage merits comparative study and examination. Initiating such examination, a preliminary empirical investigation of initiative clauses in 40 selected countries suggests that accounting for initiative rigidity makes in many cases a difference that alters the rigidity profiles that emanate from more traditional approaches to rigidity; in consequence, measurements of constitutional rigidity should preferably observe not only the decisive amendment stage but also include methods that are used for proposing amendments.

Limitations of the Democratic Capacity of the Constitutional System of Bosnia and Herzegovina

Abstract: In this paper, author tries to emphasize the fundamental characteristics of the positive-legal status of political regime of Bosnia and Herzegovina. Bosnia and Herzegovina has applied the model of consociational democracy (all four elements: grand coalition, mutual veto, proportionality and segmental autonomy) which excludes effective participation of citizens in decision-making. The constitutional structure of Bosnia and Herzegovina is dominated by direct democracy. It is also based on the fight of political elites. The paper discusses perspectives of direct democracy in Bosnia and Herzegovina. This paper also focuses on the possibility of merging the civil and ethnic in the functioning of constitutional-political system of Bosnia and Herzegovina. An analysis of the democratic potential of the two most important state bodies for the implementation of any democracy—legislative representative body and the constitutional court will be made.

Small and safe

Abstract: This paper seeks to address issues relating to the management of child protection in Singapore context. Currently the system provides an institutionalized multi-disciplinary approach to protecting children. The current integrated system of handling child abuse is comprehensive and thorough and seeks to serve the best interests of the child. However given socio economic and legal ramifications of child abuse, this paper proposes the following enhancements in the management of child protection. First reporting of child abuse should be made mandatory similar to the American model. Failure to do so should constitute an offence under the Children and Young Persons Act and to be punished appropriately. Second, educators, preschoolers or otherwise should undergo compulsory and centralized training in the management of child protection, since the state has undertaken responsibility in protecting children from abuse. Given the complexities of recognizing the varying degrees of signs and symptoms of child abuse, practical training is recommended for educators in addition to the sector specific screening guide currently used. Third, such training can be conducted by specialists in Singapore, Ministry of Social and Family Development, (MSF) and the training can be calibrated according to different levels of educators. Fourth, it is important to have continuous training and refresher courses to ensure that educators are up to date. Fifth, curriculum of preschoolers must include education/awareness of child abuse so that the young can act as the first line of defense for child abuse. Additionally the curriculum should also focus on programs that cultivate openness in children, and the ability to express emotions or not to suppress them as a sign of embarrassment or shame in cases of child abuse. Last but not least, a National Registry for Child Abuse should be set up. This should be accessible to designated individuals of seniority in MSF, police, healthcare professionals and principals of schools or senior designated educators/administrators etc. A registry with such accessibility will amongst others facilitate safe recruitment practices in schools, enhance response time for protection, enable informed reporting etc.

Some Remarks on the Rights and Responsibilities of Founders under the Ethiopian Commercial Code

Abstract: Companies do not suddenly come in to being. Rather they require the effort and struggle of some individuals which are in most cases called Founders. Therefore, we can say companies are formed by the voluntary act of founders conforming to the general norms established by Commercial laws. Accordingly, in order to bring the company into existent these individuals need to enter in to contract and to transact with third parties. As a result of these, rights, responsibilities and liabilities of these individuals may arise which in turn calls for a deeper thought from the eyes of the Law. Hence, the main thrust of this article is to identify the major rights and responsibilities of founders that are found under the Ethiopian commercial code. This being the aim it will also explore the various attempts made to define founder. In doing so, the paper finds out that the word founder has not been defined anywhere in the commercial code. Moreover, the paper will discuss the experience of other countries at a glance, in order to give some lesson for the country. Therefore, the writer based on the analyses of relevant literature and experiences of countries, argues that, the commercial code of Ethiopia is not comprehensive enough to regulate the rights and responsibilities of founders and to protect the interest of third parties as well. More importantly, the commercial code fails to clearly stipulate the specific rights and responsibilities of founders; because one can only be acquainted with all the rights and responsibilities after consulting other related laws/proclamations. Consequently, the writer recommends for the proper amendment of the commercial code on issues that relates to founders, considering the changes occurred from the time where the commercial code come in to effect.

Infringements Liable to Protective Jurisdiction (Case Study: Islamic Republic of Iran, France and Egypt’s Laws)

Abstract: The international penal code of law is laid upon the territorial jurisdictions. However, countries try to extend the spatial domain of their penal laws to areas outside their sovereignty in several exceptional states meaning that in case a crime is perpetrated outside its jurisdiction a country knows its rules and courts as being qualified to try it. One such a case states that if a crime perpetrated abroad jeopardizes their essential and vital interests the type of the jurisdiction that is created under such a circumstance is called “protective jurisdiction”. According to the nature and the intensity of the crimes dealt with based on the principle of protective jurisdiction, various countries do not accept any limitation and condition except the limitation of the examples of crimes subject to protective jurisdiction in regard of the international law for the execution of such an authority. The objective of the current research paper is the investigation of the crime examples subject to protective jurisdiction in the law of Iran, Egypt and France. The results obtained from the present analytical-descriptive study indicate that there are important crimes enumerated case-specifically among the crimes subject to protective jurisdiction in the statutory provisions exercised in countries like Iran, Egypt and France.