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Special Deterrence in the "Ta’zir" Crimes (Misdemeanors and Infractions), and its Impact on the Offender Rehabilitation between Shariah and Law in Egypt, Jordan and Bahrain

Author(s):Ahmed Ali Al-Lozi
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 29-33

The Law on Defilement in Ghana and Challenges in its Implementation at the Ejisu-Juabeng Domestic Violence and Victims Support Unit of the Ghana Police Service

Author(s):Renee Aku Sitsofe Morhe -- Emmanuel Senanu Komla Morhe
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 23-29
Ghana like other African countries has been involved in the universal effort to uphold reproductive justice for children including adolescents. The country’s efforts have been predominately geared towards legislation and prosecution of defilement cases. The Domestic Violence and Victims Support Unit of the Police Service (DOVVSU), is directly responsible for such prosecutions. The objective of this study was to assess the implementation of the law on defilement at the DOVVSU of Ejisu-Juabeng Municipality of Ashanti Region of Ghana. The study involved in-depth interview of the staff and analysis of police dockets on cases of defilement filed at the local DOVVSU office. Thematic analyses of the in-depth interviews were done. The case records were summarised using descriptive statistics. The findings revealed that Ghana has a comprehensive law on defilement. Many complaints of defilement were filed at DOVVSU during the period under review. Majority of the cases were abandoned or withdrawn for settlement out of court. Settlement of defilement cases outside court violates the very spirit and letter of the law on defilement in Ghana. Further research is needed to establish why cases are withdrawn after complaints have been filed with DOVVSU.

US Economic Policy Towards Nigeria: Implications, Pros & Cons

Author(s):Ike Nnia Mba Sr
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 30-34
Nigeria is the U.S. leading African trading partner. Not only is Nigeria a major power in West Africa, but it remains a major influence on economic and political power throughout the continent. Considering the mutual relationship that has been existing between Nigeria and United States, the U.S. government has enacted some enhanced economic policies that would buttress and fortify Nigeria’s economy. But despite the positive impression of U.S. economic policy towards Nigeria, it has been disparaged by some critics for being too passive in the face of Nigerian Government repression. U.S. economic policy in Nigeria has been perceived as a two edged-sword as it implications cannot be over-emphasized. As Nigeria seems to enjoy the benefit, it swindles the nation’s socio-economic paradigm. This paper discusses the state of U.S. economic policy toward Nigeria, and its implications. It also elucidates the pros and cons of these policies to Nigeria.

The Extend of Criminal Responsibilities of a Superior for the Commission of Offences by the Subordinates

Author(s):Abdul Malek -- Mohammad Saidul Islam
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 35-40
The superior is responsible for atrocities committed by the subordinates violating International Humanitarian Law is not a new concept in the legal arena but it was applied even in the ancient time among the leaders of the tribe. Although the doctrine of superior responsibility was applied in many cases before and after the Second and First World War but it was first codified in articles 86&86 of the Additional Protocol 1 of the Geneva Conventions 1949. Now, it is established by many international instruments i.e.Statute of International Criminal Tribunal for Former Yugoslavia. and case laws that the superior is liable for committing international crimes i.e. crimes against humanity, war crime and genocide, by the subordinates but from beginning to today a debate is continuing either the superior is responsible for the offences committed by the subordinates or for a separate offence committed by superior through omission to discharge his duty to prevent, control and punish the subordinates for violating war laws. In This paper intends to establish that the superior is not responsible for the offences committed by the subordinates as a mode of liability or as an accomplice but he/she is liable for separate offence for his/her failure to prevent and suppress the subordinates. Secondly the authors want to clear that superior and principal offender is not the same person but if a superior by orders, abets, instigates in any other modes participate in the commission of the offences then the superior is responsible for the offences committed by the subordinates.

Female Genital Mutilation in Ethiopia: Health and Human Right Issue

Author(s):Solomon Masho Atomsa -- M.V.R. Raju
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 1-8
Female genital mutilation (FGM) is a traditional practice performed in different parts of the world, although the type and its prevalence may be different, affecting the wellbeing of millions of women and children. As tradition is interwoven into the identity of a given community, ending any traditional practice is possible only when the practicing community really understands the need for change and be committed for the same. The objective of this article was to assess the knowledge level of people in Gindeberet District of Oromia Regional State (Ethiopia) regarding the negative health effects of FGM on women and children and also its being violation of their human right. The study also aimed at identifying risk factors associated with the practice of FGM in the study area. Differences in level of awareness based on educational level and personal accounts of females who were subjected to FGM were also examined. Sample for the study included 148 residents of four villages of Gindeberet district, 208 grade 12 students and community opinion leaders of the selected villages. The study shows that (76.96%) and (65.74%) of the participants were aware that FGM affects the health of women and violates their human rights respectively. Educational level is found to be associated with awareness about the fact that FGM affects the health of women and children and violates their human rights. In the study area, single instrument is used on multiple girls for mutilation and the material used to do the procedure is not properly sterilized, hence increasing the chance of the victims to contract infectious diseases including HIV/AIDS. Great majority of female participants who were subjected to the practice indicated that they have negative feelings associated with the procedure.

The Formative Conditions and the Deadline for Requesting the Writ of Interim Injunction in the National and International Arbitration

Author(s):Mirhamed Asadinejad -- Seyed Mohammad Asadinejad
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 9-15
One of the features of arbitration is swiftness in examination in order to settle the disputes. As a result, the popular tendency toward the entity of arbitration instead of referring the dossiers to the judicial court is more pervasive. In some cases, however, referring to the judicial court is unavoidable for settling the disputes in such a way that refraining from consulting with the court leads to irreversible damages. Accordingly, the interim injunction which is a transient and exceptional measure adopted to protect the rights of the claimant comes to be known. Interim injunction in urgent matters should be issued after the recognition of urgency by the relevant and reliable authority. Issuing the interim injunction for the arbitrators in the internal arbitration regulations of the civil procedure has been done in silence; however, in Iran’s International Commercial Arbitration Rules ratified in 1997, this authority has been explicitly foreseen for the arbitrators. In the present article, we try to answer this question that when the proposal for the issuance of the interim injunction in the national and international arbitration should be put forward and what the formative condition for requesting the interim injunction in the arbitration entity is.

The Necessity of Justice, Equality and Peace in the Society

Author(s):Amos Adekunle Adediran -- Ojebiyi Olufemi Adesola
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 16-19
This paper examines critically the necessity of justice, equality and peace in the society. It reiterated that both concept help students design strategies of action which can contribute to the shaping of a world order characterized by social justice and absence of exploitation. The paper also provide knowledge and skills as well as capacities and commitment, to overcome obstacles to peace, and to build a global community which encompasses the entire human family and accords equal value and full dignity to all human beings. The paper recommended among other things that, government, and traditional rulers should strictly adhere to the rule of law in order to promote peaceful co-existence in their various domains.

Different Approaches and Different Results: A Comparative Analysis of the Nigerian and Iranian Laws and Policies on Controlling the Foreign Corporations

Author(s):Ahad Gholizadeh Manghutay
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 20-30
Nigeria while applying her rights for controlling the foreign companies operations in her territory, despite feeling contempt, keeping pace with the international community has established and maintained durable grounds for cooperation with foreign internationally well-known investors whereas Iran failing to keep pace with the international community has lost the internationally reliable investors' cooperation. Unlike in Nigeria, this study shows that in Iran distrust to foreigners and local private sector has resulted in a gradual trend which quitting the private (including foreign) sector’s whole activities has placed the economy under the governmental and prioritized semi-governmental sectors dominance. This situation does not seem to be sustainable.

Nigeria: Managing the Challenges of Globalization

Author(s):Ngige Chigbo D.
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 31-41
This paper explores Nigeria: Managing the Challenges of Globalization. The focus of this paper centers on the recognition of the existence of a global environment that is deeply embedded in interdependency and the necessity for Nigeria to manage the challenges of globalization while harnessing whatever are its opportunities for growth and national development. The study is basically an exploratory analysis and it examines globalization: nature and dimensions, drivers of globalization in the modern world, opportunities provided by globalization to Nigeria/the world, the challenges posed by globalization and the management of these challenges.
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