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Investor-State Arbitration: Exploring Conteporary Issues and Remedy

Author(s):Ali Qtaishat
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 12-18
In recent years there has been rapid expansion of investments by foreign investors in countries around the world. For addressing the investment-related disputes, the Investor-State Arbitration (ISA) has been frequently resorted to by the parties. Arbitration is thus the preferred and widely used ADR mechanism in the sphere of commercial disputes between foreign investor and host state. However, of late there has been increasing criticism of ISA coming from the disputants (parties) and various stakeholders. These criticisms have mainly to do with the over delays, costs, unsatisfactory results, loss of harmony-which many a time follow with arbitration. Arbitration in this sense has become comparable with litigation. Foreign investors may find it hard to continue with their business in the host state if the dispute resolution remains slow, tardy, costly and foremost unsatisfactory. Further, host state also risks losing key investments to the detriment of its national economy. Not to speak of delays, costs and other attendant problems, the major challenge to ISA remains the political issues which many times rights-based arbitral process might generate. That is to say, if the arbitral award is against the host state’s national interest, the same might create contentious issues, thus challenging the entire mechanism of ISA. In the light of the above, the present paper will first discuss the current global trend of ISA and will highlight the problems associated with it. It will then explore the ways and means of strengthening the ISA mechanism in addressing the investor-state disputes. Thus it will primarily offer analysis of the critical aspects of ISA. To this end it will discuss the ‘other’ consensual forms of dispute resolution like mediation, conciliation and negotiation and how they can effectively help in dispute prevention and management. In this way, it is supposed, the present paper will analyse critically the growing discussion surrounding the utility of Investor-State Arbitration as currently happening at the global level.

Psycho-social, Criminological and Legal Aspects of Domestic Violence in Albania

Author(s):Aleks Prifti --- Engjellushe Zenelaj
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 19-26
Domestic violence is an acute social problem, because it affects society Bases its Foundations, Such as the family. It is not specific to Albania, but it is omnipresent and only its causes make it different. This article provides a latest Optics on psychosocial and criminological Aspects of the Phenomenon of Domestic Violence in Albania in the past 5 years. Through a comparative analysis of indicators of Domestic Violence crime in the country and the regional level, the aim is to provide its dynamics in the last 5 years and its development trends in this time period. The paper aims is to detect and pose Factors crime and psycho-social cause the generation and spread of this Phenomenon with great impact on the family environmentally, social and political development of the country. Paper Also Seeks to present the spread of forms of Domestic Violence, vulnerable groups from violence in the family; social and Cultural attitudes That Hinder the reporting of Domestic Violence In addition, the article analyzes the problems of Legislation, penal policy, Aspects of police preventive Social Measures Legislation and the Involvement of civil society actors in reducing this disturbing Phenomenon. Were obtained in the study of Certain Litigation Cases typically Analyze the existing problems in the field of conviction of several authors and especially to those repeaters. What GAPS and cracks no Legislation in this area and recommendations on how to Improve the Legislation in order to PREVENT this crime. Role of the State Police to provide services to address, investigate and reduce Cases of Domestic Violence, or its Coordination with other stakeholders for appropriate treatment of Domestic Violence Cases. Finally, the paper Aims to Assist in the development of Areas That May be impacted by the Program of the Government to Improve the Situation. The methodology: the paper was realized via a combined methodological approach with Statistical official date, Cases study, study of perpetrator's of Domestic Violence profile, phenomenology, social context,

The Bangladesh War Crimes Trials - Strengthening Normative Structure

Author(s):Sai Ramani Garimella
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 27-37
Post-Nuremberg there has been an interesting variety of criminal justice mechanisms to ensure avoidance of impunity for war crimes. Apart from the ICTY, ICTR mechanisms and the ICC, States have also exercised sovereign territorial right to try war crimes. State interests and international concern aiming at ensuring avoidance of impunity can be effectively blended in the institution and applicable law too, like was done in Kosovo, Timor and Cambodia. Handled by international community it could restore the credibility of the State's intention to try war crimes. Bangladesh’s law on punishing war crimes during the liberation war has come in for much criticism for its features that are against the fundamental due process norms that apply across the diversity of justice mechanisms. This research paper looks at the recent judgment of the ICT in Bangladesh from the perspective of the due process concerns and presents the hybrid tribunals as an alternative methodology for criminalizing war crimes in Bangladesh legislation.

Dr. Ambedkar and Drafting of Indian Constitution: A ‘See Through’ into the Making of a Masterpiece from the Eyes of its

Author(s):Dwijen D.joshi
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 38-45
Dr. B.R. Ambedkar in the capacity of the chairman of the drafting committee of Indian constitution had made a very significant contribution to give the Indian Constitution the shape and form as it has today. In this paper it is argued that all the modern principles inculcated in the Indian constitution are materialization of Ambedkars modern thoughts on Governance and Democracy. The paper also argues that owing to his social bent of thought, only Dr. Ambedkar could have done justice to the concept of ‘Social Democracy’, which is a very important and distinguishing facet of the Indian Constitution. This is so, as he was not just a jurist but also a social reformer. The Articles of the Indian constitution for the inclusion of which, Dr. Ambedkar had to plunge in and convince other members of the constituent assembly are emphasized and discussed. In conclusion it is remarked that the greatest gift of Dr. Ambedkar was not only the constitution itself but also his philosophy of constitutionalism.

Human Rights Protection in Nigeria: the Past, the Present and Goals for Role Actors for the Future

Author(s):JACOB ABIODUN DADA
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 1-13
Since the adoption of the Universal Declaration of Human Rights in 1948, human rights have not only acquired global status and importance but have grown tremendously both in conception and content. While the internationalization of human rights was energized and strengthened by a number of developments, the present status of human rights in Nigeria is also not without any historical antecedents. This article provided a historical development of human rights in Nigeria, starting from pre-colonial, to colonial and post-independence Nigeria. It highlighted the scope of human rights guaranteed in each epoch and the impediments to their full realization. The paper argued that although Nigeria is a signatory to major international human rights instruments, largescale human rights abuses still exist in the country and the social, economic and cultural rights have become a neglected category of human rights in Nigeria. The paper concluded by prescribing roles which the government and NGOs must play to ensure optimal realization of human rights in Nigeria.

Parliamentary Sovereignty in the Modern Legal Policy in the Russian Federation and Great Britain

Author(s):Alexey Anisimov --- Alexander Melikhov
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 14-20
As far back as in the “public choice theory” of J. Buchanan and F.A. Hayek an attempt to figure out the causes of distortion of a democratic ideal and evolving of law into a corruption outrage was made. This trend was explained by the fact that at the early stages of the people’s power development the acknowledgement of parliamentary power supremacy was a coercive measure that was useful for the new statehood. The existence of parliamentary sovereignty in Great Britain and then in other European countries was initially stipulated by the fight of the bourgeoisie having gained political power and needing an absolute independence of the parliament with the feudal absolutism, then by the resistance between the bourgeoisie and the working class. In the modern world there is no such a correlation of classes, because the estates bounds are removed and the living standards are evened. The social basis for a democratic state is the middle class. The main purpose of the state is to provide itself with nationwide support. The last one is required taking account of the growth of extremism and the appearance of various revolutionary studies calling for a forcible change of regime and an establishment of totalitarian dictatorship under socialist, nationalist and other slogans. Along with this, the number of advocates of such radical methods in the world increases from year to year.

Legal Issues in the United Nations Compensation Commission on Iraq

Author(s):Monday Dickson
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 21-30
This article is a comprehensive interrogation of the legality or otherwise of the United Nations Compensation Commission (UNCC) on Iraq; its establishment, operations and manifestations as the very first war reparation facility adopted by the Security Council on the basis of Chapter VII of the United Nations Charter, and making it binding on an aggressor State. The paper argued that the UNCC, which is an interesting example of the institutionalisation of the United Nations compensation mechanism, is unprecedented in the UN’s compensation experience, in many respect. Although the design of the UNCC, however, fell within the tradition of war reparation facilities, in some respect, its operations, particularly subjecting the whole economy of Iraq to international control violated Iraq’s sovereignty. The paper concludes that despite the lacuna, the design of the UNCC would serve as a model for future compensation schemes.

Implementation of Educational Reforms and Human Capital Development in Niger Delta Region of Nigeria

Author(s):William J. Ubulom  ---  Johnson Okubotimibi
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 31-36
This study investigated the extent to which the implementation of educational reforms could influence human capital development in Niger Delta Region of Nigeria. The design used was the descriptive survey. The sample for the study consisted of 376 University academic staff, using the simple random sampling technique. The instrument used for the study was the questionnaire. The research questions were personally administered by the researchers. To guide the study, one question was posed and answered and one hypothesis formulated and accepted at 0.05 level of significance. The statistical tools used to analyze the data were simple percentage, mean and t-test respectively. It was found that poor commitment to implementation; lack of public involvement and support; and lack of stability, continually, work tools and understanding of policies among others dominated the factors inhibiting the effective implantation of educational reforms and human capital development policies in Nigeria. The study suggests the need to review reforms with recourse to existing legislations, provision of adequate funding and wide consultations with experts and stakeholders to arrive at consensus on best possible ways of implementing reforms among others.

Role of Local Institutions in Improving Human Resourcesat Government System in Indonesia

Author(s):Kamal Hidjaz
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 37-42
This article is taken from the research dissertation titled Effectiveness of the Implementation of the Authority in the Local Government System In Indonesia, which consists of four formulation of the problem and are discussed in this paper is the Role of Local Institutions in Improving Human Resources, held in South Sulawesi with a sample of five local districts / town, approach the research method used is juridical, sociological and philosophical. The data obtained through the study of literature, documentation, questionnaire, interview and observation. The data were analyzed qualitatively. The results demonstrated that the institutional role has not been effective. One reason is the imbalance is not improving the quality of human resources to the tasks to be carried out to execute good governance. In addition, public service tool concerning infrastructure, facilities, structures, infra structures, and other facilities all of which is not optimal but it is absolutely necessary to create a government that is effective, efficient and reliable.
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