Global Journal of Politics and Law Research (GJPLR)

EA Journals

Law

Confronting Cybercrimes Under the Provisions of Public International Law (Published)

This study emphasizes the urgent necessity for constant updates and improvements to the international legal instruments so that they can cope up with the sophisticated and dynamic nature of the cyber threats. A major emphasis is given to the importance of the international cooperation and the harmonizing of the law enforcement practices across the world by under- standing the fact that the cybercrime has the transnational character and would be ineffective if competed by a nation in isolation. This study mentioned the ethical issues and the privacy concern when cyber law enforcement is being mentioned. It emphasizes on the need for bal- ancing the security measures and the protection of rights of individuals and their privacy as a huge concern and the approach for the authorities on the gathering data of individual to the organization recommended to be balanced. It recommended on the legal framework which are transparent, clear and proportionate with the surveillances and the data gathering, the framework can also imply with the oversight to prevent any abusive and malicious use of the approval and data gathering. Looking forward, the future for the international law that com- bats the crime such as the cybercrime in the cyberspace is yet and will continuously evolve, as the threat evolving, the legal response and the mechanism of the cooperation will need to remain in place. The paper also restated that the adaptability and the ethical consideration and the cooperation by the international community are the spectrum of the way to ensure the legal strategies to protect the cyberspace and the rule of law and human rights in digital age.

Keywords: International, Law, Provisions, cybercrimes, public

The Role of Law in Tackling Corruption in Education (Published)

Education is a fundamental right of every citizen but corruption impedes the realization of this right because it makes access to education difficult. This paper brings together the roots of corruption in education, examines the underlying effects and showcases the role education itself and the law play in combating this menace. Recommendations are then made. It is note that strategies to prevent corruption in education should consider strengthening communication, education of civic values, respect for established criteria and rules for all issues in the education sector.

Citation: Damfebo Kieriseiye Derri and   Josephine Nkeonye Egemonu (2022) The Role of Law in Tackling Corruption in Education, Global Journal of Politics and Law Research, Vol.10, No.7, pp.1-14

 

Keywords: Corruption, Education, Law, Nigeria, Role

Vol10, Issue 7, 2022 (Initial Evaluation)

Keywords: Corruption, Education, Law, Nigeria, Role

Evaluating Accountability and Citizens Participation On the Open Government Plans of Selected Countries (Published)

This study assesses the openness of government plans of three countries, Peru, Indonesia and the United States within 2011 to 2013 using the average scores of four assessment tools Budget Transparency, Asset Disclosure, Law, Transparency and Citizens Engagement.  On Transparency, the score for  Peru fell by 0.04 points from 2.12 points in 2011 to 2.08 points 2012 and remained stable in 2013.  Meanwhile, Indonesia improved its score by 0.13 points from 2.48 points in 2011 to 2.61 points 2012 and did not change in 2013.  The overall score for the USA drop by 0.01 during the same period of time. This implies that even though the United States is seen as the most transparent, emerging countries are narrowing in as they adjust to certain regulatory conditions overtime.   Rankings changes by 0.07 for Peru from 2011 to 2013, 0.17 for Indonesia and 0.08 for the United States.  Indonesia reported the strongest change of 0.17, followed by the United States, and then Peru.  Evidence presented in these rankings also shows that emerging countries like Peru and Indonesia are closing in to the countries that have been in democracy for a longer period of time. Even though the United States is leading the rankings, the graph above shows that the biggest improvements came for Indonesia, while Peru followed sluggishly behind.

Keywords: Law, asset disclosure, open government plans on budget transparency, transparency and citizens’ engagement

The Impact of Law and Ethics in the Improvement of Public Services Provision in the Albanian Republic (Published)

Nowadays, countries with stable democracies, as well as consolidated means in the way of providing public services, have paid attention to the Public Administration. In addition to the legal remedy, necessary for the orientation of the ordering and decision-making activity that essentially typifies the Public Administration, it seems that the need to analyze the way public services are provided has been exposed. This apparently old tool, but under this context new, is Ethics. Reviewing literature, we think that, more emphasis is placed on developing countries, where Public Administration is found vulnerable to other phenomena, which damage the image and the most sensitive part: what the law or bylaws impose to Public Administration. This paper aims to bring a picture, at what level the ethical principle in the Albanian Public Administration has been raised and really functions, a principle which must go beyond the administrative activity.

 

Keywords: Decision Making, Ethics, Law, Public Administration, Public Service

Law and Administration of Justice in Nigeria: The New paradigm for Enhancing National Security (Published)

Citation: Akindejoye, Temidayo and Ayenakin, Olumide Olabanjo (2022) Law and Administration of Justice in Nigeria: The New paradigm for Enhancing National Security, Global Journal of Politics and Law Research, Vol.10, No.1, pp.15-22

Abstract: The paper examines the roles of law and administration of justice in enhancing national security in Nigeria. Insecurity appears to be the greatest challenge threatening the integrity of the country. There is Boko Haram insurgency in the North-East, militancy and kidnapping for ransom are very rampant in virtually all parts of the country and Herdsmen/farmers clashes which originally began in the Middle Belt areas, is now a phenomenon in the whole territorial space, and there is rising incidence of armed robbery. Presently, the whole country is enveloped in an atmosphere of insecurity and this for a serious concern. Specifically, the paper examines the place of law in the scheme of national security and evaluates the existing national law and policy on crimes that continue to threaten the security of the nation of law in promoting national security and the administration of justice in Nigeria.The study recommends that The actors in the administration of justice system, the judges should imbibe, in particular, progressive legal ideology that emphasizes social justice; they should in specific clear cases avoid strict application of unjust legal rules which they consider oppressive or unfair.

Keywords: Law, National Security, Security, administration of justice.

Human Rights as the Foundation for Ethical Practice of Law (Published)

Citation: Uchenna Emelonye  and Francis Igiriogu (2022)  Human Rights as the Foundation for Ethical Practice of Law, Global Journal of Politics and Law Research, Vol.10, No.1, pp.1-14

Abstract: This Article is a reflection on the importance and foundational role human rights play in the Ethics and Code of Conduct of the legal profession generally and specifically as it relates to the Liberian National Bar Association. It submits that human rights represent the minimum standards with regard to decent treatment of human beings anywhere, notwithstanding the location or culture of persons involved. As a result this makes human right principles an indispensable reference point and guide when formulating rules of professional ethics and code of conduct. It contends that this accounts why ethics should promote human rights and respect to human rights principles should be the basis for any ethical codes. It concludes that, this being the case, any code of conduct that violates human rights, such code has ab initio lost its legitimacy and moral basis to be code of conduct.

Keywords: Human Rights, Law, ethical practice, foundation

Women and Gender Equality in Chinese Law Today (Published)

The path towards equality of the sexes before the law has been a long road for China; one whose twists and turns have been sharp and crooked, and whose dips and crevices have been deep.  China has made great strides down this road, but there is much ground yet to cover.  Women in the world of Chinese law today are far better off than their counterparts a generation, or even a decade, ago; yet true gender equality has yet to be achieved.  This paper analyzes the status of women in the law in China.  It takes the form of a literature review of both Chinese and English language sources on the subject, drawing primarily from scholarly journals analyzing the subject going back as far as the late 1800s.  This paper looks primarily at the status of women in the legal academy and profession, but also delves into the world of civil (that is, family or domestic) law in China and the current situation of the average female litigant in disputes in this area.  In both instances, the status of women has been found to be disadvantaged in comparison to that of men.  The literature finds that the laconic state of women persists today largely due to entrenched cultural norms and perspectives regarding the role of women as subordinate to men, pressures resulting from a China that has and continues to undergo massive societal and economic transition, and uniquely also from modes and norms of communication and power-sharing (such as “guānxī” and “face”) that seem to disadvantage women socially.  These factors act as a countervailing force against more progressive trends that seek to build a more inclusive legal world for women in China, whether stemming from the rhetoric of the Communist Party or from the newer free market model which China has adopted.  Progress towards gender equality in the law in China has been substantial, but is still wanting.

Keywords: Divorce, Feminism, Law, Women

Prescription of the Lawsuit (Published)

The prescription of a law suit means that a right has been violated long ago and throughout this time the entity has not done the necessary actions for its protection. This relationship under the law does not allow this right to be enforced in a binding way. Thus, the passing of time during which the entity did not act to secure its protection, according to the law affects this legal relationship. The right to a law suit, as defined in the law, is the only opportunity to demand the enforcement of a mandatory civil law. The notion of the right of law suit relates to the notion of law suit. The law suit is the means by which the civil law or other rights arising out of certain legal relationships are protected and resettled by the court or other competent authority. This law suit protects not only subjective right but also objective right, because the competent body, by restoring the violated right, does not allow the violation of these norms of the law.[1]

[1]FetiGjilani “Prescription of the lawsuit according to the legislation of R.P.SH”

Keywords: Civil Law, Law, Lawsuit, Right of Law

Legal Protection of Customers ‘Funds in Terms Of Tort at Koperasi Cinta Kasih, Medan, Indonesia (Published)

Cooperative is one form of business entity that has a strategic role for the empowerment and strengthening  people’s economy. Cooperative as an economic institution of the people who have long known in Indonesia and the normative cooperative is a business entity with legal entity No. 154 / BH / 2006 which carry out the main business activities (the needs of facilities and infrastructure development) and savings and loan activities. This research  aims to analyze the legal protection provided to customers’ funds at Koperasi  Cinta Kasih Medan which carries out capital investment business which then experienced tort/default and is a normative legal research with related literature approach and legislation. The conclusion of this paper is if the loss of the cooperative due to the negligence of the cooperative management then the loss of the customer is borne by the cooperative management in accordance with the cooperative budget and if the cooperative suffers losses due to tort then the protection can be done through a default lawsuit.

Keywords: Client's Fund, Cooperative, Law, Tort

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