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Showing papers in "Journal of Programming Languages in 2013"


Journal ArticleDOI
TL;DR: This paper will focus specifically on mental illness and criminal behavior as outcomes for understanding neighborhood effects, but will also consider what the structural causes of individual behavior and functioning mean for clinical assessment, especially forensic assessment.
Abstract: This paper briefly reviews the social science on “neighborhood effects” as an independent force in shaping poor outcomes, specifically mental illness and criminal behavior, before discussing the implications of that research for understanding the relationship between neighborhoods, race and class. Neighborhood effects research has proliferated in recent years with extensive attention again being focused on the social context of family and individual development and life course. Moreover, recent work has suggested the need to consider the developmental effects of neighborhoods that persist across life-span. This paper will focus specifically on mental illness and criminal behavior as outcomes for understanding neighborhood effects, but will also consider what the structural causes of individual behavior and functioning mean for clinical assessment, especially forensic assessment.

29 citations


Journal ArticleDOI
TL;DR: The issue of son preference is another pernicious violence against women for which the need to protect the girl-child is necessary and desirable in most societies of the world.
Abstract: The issue of son preference is another pernicious violence against women for which the need to protect the girl-child is necessary and desirable in most societies of the world. In Nigeria, the preference for sons is very prevalent and exists in several cultures as it dates back to pre- historic times and it is tied to inheritance, unfortunately it has not succumbed to societal changes but has remained sacrosanct because of the desire for a son to carry on the family name and guarantee the family lineage. On marriage because of the value placed on men under Igbo custom, there is usually immense pressure on wives to give birth to sons. This, in addition to placing women in a situation in which they inadvertently encourage the inferior position of women through the preference for male children, also directly affects them in taking reproductive decisions and also affects their psyche. The Igbos is an ethnic group in the South Eastern part of Nigeria with a strong penchant for patriarchy. Women who give birth to a girl-child in Igbo land are unhappy at their first delivery, because of the fear of rejection and disappointment by the husband. This research is based on the doctrinal analytical content method which is the organization of study around legal propositions and the use of primary sources, like books, legal Encyclopedia, Monograms, and Newspapers. It therefore examined son preference with particular emphasis on Igbo custom in Nigeria and discovered its deep rooted nature in the psyche of the people as well as the fact that it is a violation of the human rights of women and suggested measures to curb same.

21 citations


Journal ArticleDOI
TL;DR: In this paper, the effects of tax incentives on the performance of Ugandan manufacturing firms in terms of gross sales and value added employing panel data estimation techniques are analyzed. And the major policy implication of the study findings indicates that Government needs to streamline the provision of tax incentive for better firm performance.
Abstract: This paper attempts to analyse the effects of tax incentives on the performance of Ugandan manufacturing firms in terms of gross sales and value added employing panel data estimation techniques. The study findings show that firms with tax incentives perform better in terms of gross sales and value added than their counterparts. The education level of managers of firms, firm-size, and age of the firm have positive impact on firm performance. The major policy implication of the study findings indicates that Government needs to streamline the provision of tax incentives for better firm performance. Access to quality and technical education and skills development is necessary in order to have qualified managers with high level of management skills to utilize the available tax incentives so as to improve firm performance.

21 citations


Journal ArticleDOI
TL;DR: In this article, the authors study the institutional conditions that produce corruption in BRIC (Brazil, Russia, India and China) nations and show that the presence of a strong, meaningful alternative civil society is a significant fourth helix in several big emerging economies.
Abstract: This study surveys the institutional conditions that produce corruption in BRIC (Brazil, Russia, India and China) nations. While this study focuses on BRIC as a case study in institutional corruption, it emphasizes the special role that each nation plays in the evolution of BRIC as a part of the global political economy. We utilize a helix structure as a means of expressing the intertwined, trans-dimensional aspects of corruption in BRIC among its various institutions. Our “quadruple helix model” reveals that the presence of a strong, meaningful alternative civil society is a significant fourth helix in several big emerging economies. This model demonstrates that data collected from multiple sources can effectively characterize the multi-dimensional systemic features of corruption if they are understood as institutional forces that evolve in sync with one another. This model demonstrates that, while the conventional wisdom that economic growth reduces corruption, bureaucratization and other institutional problems can increase corruption, especially when there are few conscious efforts to manage growth in relation to the evolution of civil society.

19 citations


Journal ArticleDOI
TL;DR: In this article, the authors discuss the relatively new phenomenon of female migration in Africa and examine contemporary trends of labor migration drawing examples from Asia and other parts of the world for the sake of comparison.
Abstract: This paper discusses the relatively new phenomenon of female migration in Africa. Towards that end the paper examines contemporary trends of labor migration drawing examples from Asia and other parts of the world for the sake of comparison. The paper also reviews some theoretical and methodological aspects applied in current research on migration particularly in the endeavor to conceptualize female (labor) migration. To further understand the phenomenon the paper makes special focus on the current case of Ethiopian women (migrant) workers to Sudan especially after the recent oil exploration and the resulting attraction of major investment by international capital. The high demand on the part of the Sudanese society for domestic services jobs is efficiently met by Ethiopian women, with low level education; most often illegal migrants. The case involves both legal and illegal migration modes. Nonetheless much emphasis is made on the later, as vulnerability chances are much higher and more evident.

19 citations


Journal ArticleDOI
TL;DR: Ghana has been experimenting with the participatory policy making approach that allows citizenry engagement in the formulation and implementation of public policies in recent times as discussed by the authors, in many ways the approach enhances the opportunity structures for consolidating the country's democratic credentials by allowing citizens to share in the ownership of governance decisions.
Abstract: Ghana has been experimenting with the participatory policy making approach that allows citizenry engagement in the formulation and implementation of public policies in recent times. In many ways the approach enhances the opportunity structures for consolidating the country’s democratic credentials by allowing citizens to share in the ownership of governance decisions. In this paper, we draw illustrations from the participatory strategies used by an adhoc body known as the Constitution Review Commission (CRC) established to study and make recommendations for the amendment of Ghana’s 1992 Constitution. The paper shows that although the idea of citizenry participation has intrinsic nation-building value for which reason it can be instrumental in kneading multi-ethnic countries together, paradoxically, against the innovative and comprehensive strategies adopted by the CRC, the approach was hindered by a series of inherent challenges that serve to perpetuate existing socio-political inequalities by privileging educated, urban, and relatively organized Ghanaians over their underprivileged and traditionally marginalized counterparts, especially those in the rural areas.

17 citations


Journal ArticleDOI
Xiaowei Wang1
TL;DR: In this article, the authors provided a justification for human right to the Internet access by using Beitz's theory of human rights, which is much more inclusive for new potential rights, as his human rights theory gives great deal of normative weight to the actual human rights practice.
Abstract: In this paper, I provided a justification for human right to the Internet access by using Beitz’s theory of human rights. Contrasting to the naturalistic human rights theory that place the normativity of rights on a group of basic values that are derived from the universal human nature, the practical concept of human rights proposed by Beitz grounds the normativity of human rights concept on both the basic interests that are supposed to protect and the political role it is expected to play in current human right practice. I argued that Beitz’s conceptualization of human rights is much more inclusive for new potential rights, as his human rights theory gives great deal of normative weight to the actual human rights practice. Since the current human rights practice in political arena strongly suggests the human right to the Internet access, I tested the potential human right to the Internet access through the criteria composed by Beitz, and argued that Beitz’s theory could be very supportive for arguing human right to the Internet access.

12 citations


Journal ArticleDOI
TL;DR: This paper examined various methods of electoral districting in the post-2000 Census years in order to determine the variation in competitiveness for subsequent elections to the U.S. House of Representatives.
Abstract: This research examines the various methods of electoral districting in the post-2000 Census years in order to determine the variation in competitiveness for subsequent elections to the U.S. House of Representatives. The evidence from this period suggests that “backup” and independent commissions resulted in more competitive districts, as measured by margin of victory and challenger win rate, after controlling for partisan and contextual factors.

11 citations


Journal ArticleDOI
TL;DR: In this article, the authors define feminism and universalism from class and cultural points of view in relation to human rights and highlight the challenges the Women's Movement is facing within the philosophical tenets of feminism.
Abstract: The article seeks to explain and understand the contradictions within universalistic claims of feminism. It also highlights the challenges the Women’s Movement is facing within the philosophical tenets of feminism. The paper begins by defining feminism and universalism from class and cultural points of view in relation to human rights. Then it analyzes not only the tensions between feminism and universalism (in relation to culture and class) but also shows similarities and parallels between them. This paper concludes by reviewing the challenges for Women’s Rights as Human Rights from feminism. Taking into consideration class and cultural factors and challenges to Women’s Universal Human Rights Movement, the paper argues that both must work together by making changes with regard to human rights (women and men) violations not only at the international level but also at national and local levels.

11 citations


Journal ArticleDOI
TL;DR: This article analyzed data of 6,619 naturalized Mexican immigrants to understand the process of obtaining Mexican citizenship and who becomes a naturalized citizen in twentieth-century Mexico, and analyzed the prominent features of Mexican immigration law and the criteria to become a Mexican citizen.
Abstract: Concern about foreigners who seemingly live in Mexico with little regard for joining the Mexican nation has endured throughout the twentieth century and to the present. Today, Mexicans do not believe naturalized citizens should be afforded the same political rights as Mexican-born citizens. This attitude, however, has often contradicted larger national economic and political demands that warranted bringing immigrants to populate Mexico and support the development of the nation-state. Immigration policies respond to this dichotomy of both needing immigrants to bolster the Mexican economy while also creating restrictive policies to discourage “less desirable” – in particular, ethnically undesirable – immigrants. This tension is not unique to Mexican policy nor is it a historical aberration. The concept of citizenship has significance for Mexicans and prompts a question about how citizenship is granted, what it involves, and who might be eligible. While there have been studies on the number of immigrants in Mexico and their historical roles in Mexico, there has been a dearth of analysis to understand the process of obtaining Mexican citizenship and who becomes a naturalized citizen in twentieth-century Mexico. This article describes the prominent features of Mexican immigration law, the criteria to become a Mexican citizen, and analyzes data of 6,619 naturalized Mexican immigrants offering insights about the development of the Mexican nation-state, the cultural notion of mexicanidad, and the limits of political inclusion.

9 citations


Journal ArticleDOI
TL;DR: In this paper, the authors found that the effectiveness of mass media electioneering campaigns during the 2011 General elections in Uyo-Akwa Ibom State, Nigeria was moderated by many factors such as: monetary and material inducement, geo-ethnic consideration, perception of fairness and balance exhibited by the mass media in their coverage as well as the persuasiveness of the campaign messages.
Abstract: Mass media are indispensable avenues for political parties/candidates to reach a large percentage of the electorate who would otherwise have been unreached by political campaign messages delivered at rallies. The mass media through their coverage of electioneering campaigns and airing of political advertisements have the potential of influencing voting decisions of the electorate. This study found out that many factors come into play when voters make voting decisions. It also found out that the effectiveness of mass media electioneering campaigns during the 2011 General elections in Uyo–Akwa Ibom State, Nigeria was moderated by many factors such as: monetary and material inducement, geo-ethnic consideration, perception of fairness and balance exhibited by the mass media in their coverage as well as the persuasiveness of the campaign messages. The study therefore recommends that for the mass media to exert influence on voters’ decision, they should exhibit fairness, balance, equal opportunity and access in their coverage of electioneering campaigns of all political parties and candidates.

Journal ArticleDOI
TL;DR: Hoffmann's fairy-tales have been identified as political allegories through which Hoffmann comments on the instability of western European politics in the early nineteenth century as discussed by the authors, and they demonstrate how Hoffmann's position as a Prussian state judge informed his propensity for satirical observation couched in fairy-tale and variations thereof.
Abstract: This article sets two of Hoffmann’s satiric fairy-tales, “Little Zaches acclaimed as Zinnober” (1819) and “Master Flea” (1822), in their socio-political context of post-Napoleonic Europe. It identifies them as political allegories through which Hoffmann comments on the instability of western European politics in the early nineteenth century. We demonstrate how Hoffmann’s position as a Prussian state judge informed his propensity for satirical observation couched in the genre of fairy-tale and variations thereof. We explore his scrutiny of hypocrisy, pride and nepotism, together with his particular focus on received ideas, such as Enlightenment rationalist principles. Concomitantly, we examine how he reworks familiar fairy-tale motifs in order to expose the effects of political repression. We compare the lampoon of his contemporary, Friedrich Ludwig Jahn (founder of the Open Air Gymnasium Movement) in “Little Zaches”, with his satirization of Privy Councillor von Kamptz (Director of Prussian Military Police) as Councillor Knarrpanti in “Master Flea”, the first fairy-tale causing wry amusement, but the second leading to a high profile libel case. We align with Zipes’s argument that Hoffmann’s fairy-tales demonstrate connections between history, politics and the fairy-tale, and we show how Hoffmann’s revisioning of fairy-tale motifs mediates political satire. We extend Zipes by emphasizing Hoffmann’s use of the increasingly popular Oriental, and especially Arabian, tale. This article concludes that Hoffmann contributed significantly to the critical acclaim of the satiric fairy-tale, and that his loss of literary judgement in “Master Flea” accounts for the legal consequences which he suffered.

Journal ArticleDOI
TL;DR: In this paper, two sets of determinants, economic and non-economic, to assess the influence they exerted on migration in Central and Eastern Europe, from 2000 to 2010, were analyzed.
Abstract: The paper analyses two sets of determinants, economic and non-economic, to assess the influence they exerted on migration in Central and Eastern Europe, from 2000 to 2010. In the category of economic factors we have analysed the doing business index and the labour market regulation index. In the category of non-economic factors we have included the judicial independence index and integrity of the legal system index. Since we are talking mainly of labour migration, we have considered that the two economic indicators are suitable for the research purposes. Besides these, the indicators that characterise judicial independence and legal system can be considered as indicators that reflect a certain level of freedom and democracy. The results show that these factors have limited influence on migration.

Journal ArticleDOI
TL;DR: In this paper, the authors examined the terrorism of the Boko Haram sect through the instrumentation of interviews, video and audio tapes, Newspapers, magazines, textbook and internet materials, and concluded that in as much as the sect are terrorists, and a threat to national security, the Nigerian state has also failed in the provision of the basic needs of the people.
Abstract: The arbitrary, absolute and statist posture of colonialism permeated the Nigerian society even after 50 years of independence. The change of guards from the colonial lords to the indigenous selected Nigerians did not change the operations of the state. State still remain an instrument of coercion, exploitation and domination. Basic necessities of life, the core of national security eluded the masses. The state became insensitive to the physiological needs of its citizens thereby creating an atmosphere that became beneficial for ethnic and religious chauvinism in Nigeria. The failure of the state gave rise to terrorist groups in all regions of the country. These groups includes,the Boko Haram of the North, the Odua people’s Congress of the South west, the Niger Delta Militants of South South and the Massop of the South East. This paper therefore examined the terrorism of Boko Haram sect through the instrumentation of interviews, video and audio tapes, Newspapers, magazines, textbook and internet materials. The paper conclude that in as much as Boko Haram sect are terrorists, and a threat to national security, the Nigerian state has also failed in the provision of the basic needs of the people. The paper recommends among other things that national leadership should be sincere in the provision of basic needs of the citizenry and sign diplomatic treaties that are of immense benefit to Nigeria.

Journal ArticleDOI
TL;DR: This article argued that the Arab Spring is partly the result of a turning point in Western diplomatic encounters with the non-European World of Africa, and Asia on one hand, and the insensitivity of leadership in client-states on the other.
Abstract: Revolutionary uprisings which engulfed states of North Africa between December, 2010 to October, 2011 were interpreted by the West simply as resulting from “lack of economic opportunities” in the region and the “iron fist” policy of their rulers. These interpretations, as contended by this paper are too simplistic and grossly inadequate to deepen understanding of the issues which have their antecedents in the policies of the Superpowers during the Cold War years. The Cold War polarized the world into two blocs thereby creating client-states and shoring-up despotic regimes with deficient national aspirations at the expense of their working masses. The paper maintains that the Arab Spring is partly the result of a turning point in Western diplomatic encounters with the non-European World of Africa, and Asia on one hand, and the insensitivity of leadership in client-states on the other.

Journal ArticleDOI
TL;DR: The political system of the Islamic Republic of Iran begins with the idea of (Wilayat Al-Faqih) which is a unique structure of applying the Islamic roles without any interference in the internal affairs of its neighbors and other countries as mentioned in this paper.
Abstract: The political system of the Islamic Republic of Iran begins with the idea of (Wilayat Al-Faqih) which is a unique structure of applying the Islamic roles without any interference in the internal affairs of its neighbors and other countries. Iran security constitute gives a significant role to Iran's foreign policy, through defending the country against any potential threats and implementing policies to achieve the national goals set by the Supreme authority of the Imam Khomeini of Iran ,the Council Planning Department and the National Security Council. The foreign policy objectives give priorities for achieving the revolution goals. The success of the central objectives of the Islamic revolution in Iran is enhanced by the strategic location that makes Iran economically significant since 2010, the development of relations with Saudi Arabia reflects the increased sectarian divisions of the Iranian society regarding the central objectives and Iran concerns of the Arab Spring in the region , the situation in Syria and the supporting the Assad regime which became a strategic concern of Iran, and this put Iran in facing of Arab countries, including GCC, and other Sunni Arab states to confront Iran in Syria, these issues make the possibility of improving Iran's relations with the outside world little . Some Iranian scholars believe that Iran is flexible concerning the settlement of the nuclear power of Iran by saying that the Western powers lack flexibility regarding Iran's programs of obtaining nuclear power.

Journal ArticleDOI
TL;DR: In this article, the authors examined security, political and economic factors in both internal and external levels, which have contributed in extension of the conflicts between Iran and Azerbaijan in the past two decades.
Abstract: Iran and Azerbaijan are key countries in the Caspian Basin, thanks to their historical continuity, religious and cultural similarities, shared energy resources and strategic position. However, since the independence of Azerbaijan, complex and contradictory interactions have shaped their relationships, influencing the region dynamics. However, in initial stages, political and ideological differences affected the ties, but impacts of sharp increase in geopolitical importance of Caucasus and Caspian Basin in past two decades and role of external factors could not be ignored. Forming of new borders and political blocks as well as reaching energy resources made the region focal point of world geopolitics and provided grounds for intervention of regional and trans-regional powers, aiming to attain their security, political and economic goals and interests. This study examines security, political and economic factors in both internal and external levels, which have contributed in extension of the conflicts between Iran and Azerbaijan in the past two decades.

Journal ArticleDOI
TL;DR: In this paper, it is asserted that the British legal system is clinically obese and it needs a gastric band to prevent it from becoming like the United States of America, which is the case in the UK.
Abstract: There is a lot in the newspapers these days about human obesity and its detrimental effect on human health - as well as on the health budget. Indeed, statistics suggest that one in five adults in the United Kingdom is now clinically obese. What applies to human beings can also apply to human institutions and it is asserted that our legal system is clinically obese. It needs a gastric band. Why is our legal system clinically obese ? First, the volume of English primary - and subordinate - legislation is growing exponentially 1 and, at this rate, it will start to become like that of the United States. Thus, it needs to be curtailed since the direct - and indirect - cost of all this is huge. 2 Second, the present court system dates from the Victorian era and it creaks. Distinctly. In what way?  There are too many obsolete courts;  There are too many courts which - while not obsolete – should be merged with others;  The court system is replete with anomalies and there are too many jurisdictional and procedural issues;  The domestic court structure is a four tier system - when it should only be three tier;  The complexity of the court system is such that it is not understood by lawyers -far less by the general public. Need all this be so? The answer is a definite ‘no’. What is needed in the 21 st century - in the Space Age - is a court system intelligible to the public and lawyers alike. One which is efficient and cost effective. One which is capable of processing cases more speedily. The taxpayer - who funds the court system and, indeed, the whole judicial system - deserves no less. A sense of modern economy - and not Victorian venerability - is what is required, especially when legislation has grown to alarming proportions. These days, with Britain in recession quite naturally - the Government is seeking to save money where it can. This includes the budget for the provision of courts and legal services. However, the Government should also focus on the actual structure of the courts. Here, major savings can be made, both in the short and the long term. 3 Thus, this article considers the following courts:  Judicial Committee of the Privy Council;  Parliament;  Court martial Court of Appeal;  Ecclesiastical courts;  High court;  Crown court;  County courts;  Magistrates’ courts;

Journal ArticleDOI
TL;DR: This paper examined the profile of contributors of full-length articles to the American Political Science Review (APSR) in 2010 and found that almost 9 (86.1%) out of every 10 contributors were men.
Abstract: This study examines the profile of contributors of full-length articles to the American Political Science Review (APSR) in 2010. Of the 79 different contributors, almost 9 (86.1%) out of every 10 are men. Whites accounted for over 9 (93.7%) out of every 10 contributors. Full professors accounted for 35%, the highest rate, with

Journal ArticleDOI
TL;DR: In this article, the authors examined the challenges prosecutors face in successfully convicting individuals and corporations of environmental or "green crime" offences in Canada, including challenges of legal definition, jurisdictional issues, liability questions, constitutional rights, burden of proof, admissibility of evidence and due process considerations.
Abstract: This paper examines the challenges prosecutors face in successfully convicting individuals and corporations of environmental or “green crime” offences in Canada. The data used in this study consist of 29 legal case files of alleged green crimes in the province of Ontario in the last five years (2008-2012). Successfully prosecuting environmental offenders appears difficult due to several complex, inter-connecting challenges. The common difficulties that are examined in this paper include: challenges of legal definition, jurisdictional issues, liability questions, constitutional rights, burden of proof, admissibility of evidence, and due process considerations.

Journal ArticleDOI
TL;DR: In this article, the authors argue that the legal and institutional reforms undertaken to address the problems have not been effective because they failed to approach the problems from the 'inside-out' and demonstrate that the problems are the results of misuse of administrative discretion at all levels of government and the lack of sufficient accountability mechanisms.
Abstract: Administrative justice is generally seen as a component of good governance. While the former has developed in Nigeria largely through the Common Law, the latter is a relatively emerging ideal that has eluded public administration in Nigeria. For decades, corruption and maladministration have become the central problems facing the country. The people have suffered and are still suffering from the consequences of poor governance. This article examines administrative justice as an element of good governance in Nigeria. It demonstrates that the problems are the results of misuse of administrative discretion at all levels of government and the lack of sufficient accountability mechanisms. Although efforts have been made to address these problems through legal and intitutional reforms, however, the problems still persist. Using these twin concepts of administrative justice and good governance, this article argues that the legal and institutional reforms undertaken to address the problems have not been effective because they failed to approach the problems from the ‘inside-out’. The article partly attributes the failure of the reforms to the restrictive approach in administrative justice, a ‘top-bottom’ approach bequethed by the common law and incorporated into the general legal and constitutional arrangement in the country. While advocating for a ‘bottom-up’ approach which constrains the exercise of administrative discretion at all levels, from the individual ‘street level bureaucrat’ to the top government official, the article proposes the institutionalisation of democratic values of checks and balance, oppenness, transperancy and accountability in decision-taking such that official discretion may be reasonably constrained without jeopardising administrative efficiency.

Journal ArticleDOI
TL;DR: In this paper, the authors apply a process and outcome model through an evaluative case study of the tragic death of Martin Lee Anderson in a Florida juvenile boot camp to evaluate the triggering events, subsequent processes, and resulting policy outcomes.
Abstract: The prior policymaking literature has been largely theoretical and focused upon agenda setting and the initiation mechanisms of policy change, namely triggering events Notably absent from the prior literature have been studies aimed at developing and empirically evaluating models of policymaking as a process with outcomes Such a process/outcome model of policymaking would necessarily include initiation mechanisms, or triggering events, agenda setting, politics, and subsequent outcomes (intended vs unintended) This paper applies such a process and outcome model through an evaluative case study of the tragic death of Martin Lee Anderson in a Florida juvenile boot camp The death of Martin Lee Anderson in January, 2006 sparked a major debate and a series of subsequent policy initiatives in Florida related to juvenile boot camps, the treatment of juveniles in confinement, and overall accountability of the state’s juvenile justice system Employing multiple data sources, the evaluation assesses the triggering events, subsequent processes, and resulting policy outcomes The findings demonstrate that policymaking occurs in a sequential manner with identifiable stages Different actors influence each stage of the process and help to shape the final policy outcomes However, using the methods of in-depth interviews and participant observations revealed that outcomes are also shaped by various political negotiations which are not easily captured through conventional research and evaluation methods

Journal ArticleDOI
TL;DR: In this paper, the authors focus on digital security governance in the context of the Passenger Name Record (PNR), the Advance Passenger Information (API) and the Terrorist Finance Tracking System (TFTP) programs.
Abstract: Digital security governance – the use of digital personal data for threat analysis on the basis of (automated) risk profiling – enhances terrorism risk management in Europe. European security strategies emphasise that information and communication technology increasingly play a key role in preventing and anticipating threats such as terrorism and cyber-crime. It enables, for example, the sharing of personal, financial or travellers’ data with third countries. This article focuses on digital security governance in the context of the Passenger Name Record (PNR), the Advance Passenger Information (API) and the Terrorist Finance Tracking System (TFTP) programmes. Particularly, it considers the ethical dilemmas of using and sharing digital personal data as well as accountability for this type of risk management. Because there are broader socio-political, legal and technological issues connected to the use of information and communication technology for digital security governance, the concept of accountability in this article is holistic.

Journal ArticleDOI
TL;DR: In this paper, the authors examined the menace of sex trafficking particularly as it affects Nigeria and examined major legal framework in place to curb sex trafficking whilst ascertaining their adequacy or otherwise.
Abstract: Sex trafficking is a type of violence perpetrated on women that takes place in diverse settings and usually involves many different actors. It is an aspect of human trafficking that is becoming pandemic in society and possibly, the fastest growing human rights violation in the world today. It has generated a lot of concern worldwide and especially in Nigeria where it is very rampant. Sex trafficking in females resembles the ancient dehumanizing slave trade. In most cases, it involves involuntary servitude and is therefore commonly referred to as modern day slavery. Sex trafficking thrives and goes on with impunity because several countries do not have tough anti-trafficking legislation in place and even when there are legislation in place, such laws are often not enforced to check the menace of sex trafficking due mainly to very influential people involved in this disgraceful act. Unfortunately few trafficking cases are prosecuted, and only a few actually result in convictions. What is more, fear and shame keep many women and girls from seeking help. Nigeria is one country that is deeply affected by sex trafficking and so has taken the bull by the horn by enacting a national law on human trafficking due to the high prevalence of sex trafficking in the country. This work examined the menace of sex trafficking particularly as it affects Nigeria and examined major legal framework in place to curb sex trafficking whilst ascertaining their adequacy or otherwise, and how the menace has been curtailed so far and proffered a solution.

Journal ArticleDOI
TL;DR: The idea of immunity from legal process is, as a general rule, abhorrent to modern legal civilization as discussed by the authors, thus the concept of sovereign immunity is anathema in modern legal systems.
Abstract: The idea of immunity from legal process is, as a general rule, abhorrent to modern legal civilization. The origin of this class of immunity traces back to the era of absolute monarchs, when it was believed that a king could do no wrong, thus the term sovereign immunity, of which the expression ‘executive immunity’ is a derivative. This paper examines, albeit briefly, the constitutional immunity from prosecution conferred on certain political office holders in Nigeria. The order of progression of this paper shall be an examination of the concept of immunity followed by its uses and abuses in Nigeria, some arguments for and against its retention in the Constitution, comparative analysis of the position in a few other countries, a brief consideration of the rule of law and finally some recommendations and conclusion.

Journal ArticleDOI
TL;DR: In this article, the authors evaluate the desetification problem in Xinjiang, and analyze the problem of desertification from the perspective of law, with reference to legislation and enforcement of law in terms of desertification in other countries.
Abstract: Desertification (transformation of arable or habitable land to desert) is one of the serious environmental problems and has attracted worldwide attenntion. Apart from its threat on the living environment, desertification has also been an obstacle to social stability and global economy. China the oldest continuous major world civilization, a population of more than 1.3 billion and a territory of 9·6 million km 2 , is one of the most severely desertified countries in the world. Desertification is especially severe in Xinjiang Uyghur autonomous region of China. However, the legislation,enforcement and jurisdiction of law in terms of anti-desertification in Xinjiang is seriously flawed, as a result of planned economy and are not consistent with the market economy. Aim of this study is to evaluate the desetification problem in Xinjiang, and analyze the problem of desertification from the perspective of law. This research starts with the investigation of desertification in Xinjiang with reference to legislation and enforcement of law in terms of desertification in other countries. Legislation analysis with regard to the anti-desertification legislation of Xinjiang are discussed. There is no clear delineation of responsibility between administrative and other departments in the current anti-desertification reginal law system in Xinjinag. Reginal legislation lacks systematic protection. The main body of resource management is not clearly defined and regulations concerning financal support are not reasonable. The anti-desertification in Xinjiang lack of support in terms of ecological protection.

Journal ArticleDOI
TL;DR: The paper espouses why Multi-Criteria Decision Analysis (MCDA), with its variants of MAUT, MAVT and AHP is an appropriate tool to use to accomplish such a task.
Abstract: This paper has two objectives; to come up with a set of attributes that can be used to measure presidential aspirants in a democratic governance system, and to co-opt the attributes so assembled into a mathematical model that can be used to compute the best candidate among a myriad of competing alternatives. The model will have as inputs multiple and disparate criteria which will need to be transformed into dimensionless utilities for meaningful comparisons. The paper espouses why Multi-Criteria Decision Analysis (MCDA), with its variants of MAUT, MAVT and AHP is an appropriate tool to use to accomplish such a task. Constructed piecewise linear functions were used instead of linear Likert scales for better accuracy.

Journal ArticleDOI
TL;DR: The Rational Basis Principle as discussed by the authors states that a liberal state cannot permissibly prohibit same-sex marriage (henceforth: SSM) unless that legislation bears a reasonably conceivable rational relationship to a legitimate state interest.
Abstract: Experience suggests that most legal philosophers and ethicists are not surprised to be told that liberal states cannot permissibly prohibit same-sex marriage (henceforth: SSM). It is somewhat less clear what the appropriate liberal strategy is, and should be, in defense of this thesis. Rather than defend SSM directly, I proceed indirectly by arguing that SSM prohibitions are indefensible on liberal grounds. First, I articulate a principle that has roots in constitutional law that I dub the “Rational Basis Principle,” a principle intended to capture a constitutive commitment of liberalism: a commitment to liberty. The Rational Basis Principle condemns liberty-limiting legislation as indefensible unless that legislation bears a reasonably conceivable rational relationship to a legitimate state interest. I then argue that while SSM prohibitions limit liberty, they bear no reasonably conceivable rational relationship to anything that a liberal would regard as a legitimate state interest. Accordingly, same-sex marriage prohibitions are rightly dismissed as illiberal.

Journal ArticleDOI
TL;DR: In this article, the authors propose to conciliate the Special and Differential Treatment (SDT) with the development concerns in the context of the World Trade Organization (WTO).
Abstract: The international trade regime embodied in the World Trade Organization (WTO) goes beyond a collection of texts and agreements. As legal rules are not immune to political and economical influences, they have to be analysed in the context in which they have been created and constantly modified. Nowadays, the multilateral system of the WTO gains complexity when the market place does not restrict its subject to goods anymore and when the goal of development is materialized, in its agreements, as one of the pillars of the WTO. Developing countries, empowered by the launch of their economic growth, are acquiring space and voice to criticize the legal framework of the WTO, saying it has not been entirely coherent with its own objectives and claiming for the adoption of an effective Special and Differential Treatment (SDT). On the other hand, developed countries, based on their economic superiority and underlining the importance of free trade through liberalization policies, insist on the necessity of reciprocal commitments to promote economic growth and global welfare. This dilemma is traduced in the impasse of the recent Doha Round, but it is already time for more ideas to be brought and paradoxes to be resolved. The current challenge faced in this study becomes then to conciliate the SDT, Reciprocity the development concerns. At the end, preferential systems do not go against liberalization. Instead, the SDT intends to graduate the liberalization process through fairness (development) and to enable, only afterwards, that seriously discussions regarding free trade and Reciprocity can be held regarding their full or, more plausibly, partial implementation.

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TL;DR: In this paper, the interplay between governments and transnational corporations regarding corporate social responsibility (CSR) is investigated, and the potentials to link CSR to the international development agenda are investigated.
Abstract: This study looks into the interplay between governments and transnational corporations (TNCs) regarding corporate social responsibility (CSR), and it investigates the potentials to link CSR to the international development agenda. The analysis focuses on Norwegian CSR, that illustrates a rare combination of strong state with significant ownership in national companies, a relatively small number of TNCs and a strong civil society. The results of the analysis indicate that the Norwegian government exercises a strong influence over corporate governance. However, despite an apparent alignment between the topics proposed by the State’s development cooperation agenda and those Norwegian companies are expected to report on, the analysis did not find proof of a transfer of agendas. Instead, businesses appear to use CSR as a communication tool, thus complying with the government’s desire to project a positive image of Norway internationally. Furthermore, the government appears to prioritize commercial goals and profitability.