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A Critique of Incessant Violations of Women’s Health and Reproductive Rights in Nigeria

Author(s):Sylvia Ifemeje --- Emmanuel Obidimma --- Nneka Umejiaku
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 1-6
The paper attempts a critique of the incessant violations of women’s health, and reproductive right in Nigeria. The paper inter alia dissects, the meaning and historical origin of health and reproductive rights of woman in Nigeria. It further reviews the legal frameworks and policies at the national, regional and at the international levels aimed at protecting the reproductive health rights of women in Nigeria. The paper also identifies and analyses the factors that have impeded the full realization of health and reproductive rights of Nigerian women. The paper concludes by proffering recommendations on the way forward in order to promote, and safeguard the health and reproductive right of women in Nigeria.

The Legal Framework in the Governance of Potable Water Supply in Zimbabwe: A Global, Region alnd National Overview of the Iwrm Paradigm

Author(s):Maxwell Constantine Chando Musingafi
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 7-17
This paper looks at the adoption of the Integrated Water Resource Management (IWRM) paradigm in southern Africa with special focus on Zimbabwe. The paper is based on national legislation and policy documents, international and regional conventions and protocols, and other available legal documents on managing water resources. The methodology used was largely qualitative research based on documentary analysis and personal observation. Since the late 1990s, all countries in the Southern African Development Community (SADC) region have been busy reforming their water legislation and policies in line with the demands of the IWRM paradigm. Nevertheless, while the framework for a perfect IWRM system exists now in Zimbabwe, the situation on the ground does not reflect this ideal situation. The reform process has not taken off as expected owing to a combination of factors ranging from conflicting policies and weak institutional linkages, to insufficient funding. Thus the effectiveness of the new system has been found wanting in as far as implementation is concerned.

Embodying Green Constitution by Applying Good Governance Principle for Maintaining Sustainable Environment

Author(s):I Gusti Ayu Ketut Rachmi Handayani
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 18-24
This research project is aimed at elaborating and exploring an effective solution for recovering and improving the quality of environment. The solution will be focused on embodying the green constitution which emphasizes the importance of the protection and management of environmental function. This approach is required to simplify and to coherence the chaotic regulation in exploiting strategic natural resources which has impacted on the massive destruction of environment. It covers not only the first extinction, but also the secondary extinction of environment. In Indonesia, those chaotic regulations have been sparked by the national policy of regional autonomy that allow the regional government exploit their strategic natural resources, such as forest, fishing, coral reef, and other natural resources. The above condition has simulated many regions in producing and enacting regional regulations to exploit their natural resources. The lack coordination in issuing regional policy and regulation has caused many diametrical regulations that have exacerbated the quality of environmental protection and management. In anticipating the deterioration of the quality of environment, this paper offers administrative approach in embodying the green constitution. This approach refers to the application of the good governance principles in controlling, protecting and managing the function of environment.

Legal and Socio-Ethical Issues in Punishment

Author(s):ETIM E. OKON
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 25-30
The purpose of this paper is to reflect on the legal and socio-ethical implications of punishment. We have reviewed existing literatures on punishment with a view to establish a synthesis of scholarly opinions on punishment. It is appropriate for civil authorities to be properly educated on the functions of punishment. Public policy on punishment should have social dimension. Punishment should be seen as an aspect of social engineering. The study has strongly recommended that the purpose of punishment should ultimately be the reformation of offenders.

Liability of Manufacturer for Goods under The Consumer Protection Act 1999: A Paradigm Shift

Author(s):Zeti Zuryani Mohd Zakuan --- Sakina Shaik Ahmad Yusoff
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 31-35
The era of globalization and trade liberalization illustrates the emergence of opportunities and challenges. Liberalization of trade opens up economy and creates borderless world. It exposes nations to competitive market forces whereby manufacturers are free to market the goods produced to every part of the world. Open economy exposes consumer with defective goods on the market. This phenomenon shows that consumers are victimized by the process of trade liberalization which raises the question of manufacturers’ liability for defective goods under the domestic law. Normally consumers are prevented from making a claim against the manufacturer due to the application of the doctrine of privity of contract under the contract of supply of goods in Malaysia. However, Part VII of the Malaysian Consumer Protection Act 1999 has introduced a new contractual liability on the manufacturer whereby consumers are given the right to make a claim against the manufacturer. The study is a doctrinal study which uses content analysis method which purports to analyze Part VII of the Act in providing protection to consumers. The analysis reveals the weaknesses of Part VII in ensuring proper protection for consumers in Malaysia.

Globalization Lessons from the Review of ohmae’s “The Next Global Stage: Challenges and Opportunities in our Borderless World”

Author(s):Vincent E. Unegbu --- Uloma D. Onuoha
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 36-42

Social Media and the Workplace: Legal, Ethical, and Practical Considerations for Management

Author(s):Frank J. Cavico --- Bahaudin G. Mujtaba --- Stephen C. Muffler --- Marissa Samuel
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 1-46
this article is on the private employment context; however, the authors do briefly address some of the seminal federal constitutional issues that would arise in the public sector workplace. Even if a practice is legal, the question arises, or should arise, as to whether it is moral. Accordingly, the moral concerns regarding social media and the workplace will be addressed in this article through the application of several established ethical theories. The authors define, explicate, and apply these ethical theories to the subject matter of social media and employment to determine whether it is moral to use social media to make employment decisions. These ethical theories will be Ethical Egoism, Ethical Relativism, Utilitarianism, and Kant’s Categorical Imperative. Next, based on the aforementioned legal and ethical analysis, the authors discuss the practical implications for employers, managers, employees, and job applicants. The authors provide some succinct suggestions for employees and job applicants as to proper social media practices. The authors then make extensive recommendations for employers and managers on how to achieve certain business objectives but without violating the law or treating job applicants and employees in an immoral manner. The authors end their work with a brief summary and some concluding comments and observations. The authors, finally, as a sample in Appendix A, have included a company social media policy approved by the National Labor Relations Board.

Tourism Policy of a Sub-Region of the Niger Delta of Nigeria: An Evaluation

Author(s):Ekong Daniel --- Enefiok Ibok
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 47-57
This study evaluates the tourism policy of a sub-region of the Niger Delta of Nigeria on the basis of international standards for tourism development. Attempt was made to highlight the tourism potentials and activities in the region. The findings have revealed omissions of crucial issues in the available “tourism charter” of the region to include; role of the private sector, incentives to private participation, guidelines for investors and environmental conservation among others. The paper recommends specialized institutional participation such as universities in the process of developing complete tourism policy for the region in order to ensure effective and sustainable tourism development.

Adopting a No-fault Compensation Scheme for Motor Vehicle Accidents in Malaysia: A Myth or Reality?

Author(s):Naemah Amin --- Charles Nicholson
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 1-11
The present tort compensation scheme which has been widely adopted in common law jurisdictions to address the financial needs of injured victims has been found to be riddled with deficiencies. In focusing on negligence and causation as the foundation of liability, the adversarial system of the law has been strongly criticized as, failing to provide fitting and timely compensation, requiring injured claimants to go through difficult, stressful and long, drawn out litigation procedures coupled with significant legal fees and administrative costs. Concern over tort’s effectiveness as an appropriate personal injury compensation mechanism for victims of motor vehicle accidents and the realization that the traditional tort system developed in the days of the horse and carriage was never contemplated to address contemporary issues facing accident victims, a number of common law jurisdictions have initiated significant departures from the system and have moved in the direction of adopting an alternative no-fault compensatory model where all persons injured in road accidents obtain compensation regardless of establishing fault thus shifting the focus on the needs of the injured victim rather than on one’s culpability. These modern compensation schemes are premised on the philosophy of community responsibility, social justice and public benefit. This paper surveys the failings of current system of civil liability in the tort of negligence for motor vehicle accidents and undertakes a comparative analysis to evaluate the arguments in support of the introduction of such a scheme in Malaysia, its viability and challenges.
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