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The Travails of Same-Sex Marriage Relation under Nigerian Law

Author(s):Emmanuel Obidimma -- Angela Obidimma
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 42-48
In contrast to the traditional definition of marriage as a voluntary union for life of one man and one woman to the exclusion of all others, same sex marriage is marriage between two persons of the same gender identify. Same sex marriage is a trend which is now spreading across the globe as the number of countries that support it continues to increase by the day. But Nigeria appears to be counted outside this growing world community as the Nigerian national assembly recently passed a law prohibiting same sex marriages in any form. This paper examines the statutes of same sex marriage relation in Nigeria by analyzing provisions of various laws including the Nigerian Constitution. The paper also discusses the contents of the new law passed by the National Assembly prohibiting same sex marriage and compares it with the practice in other jurisdictions. The paper concludes with the view that the law as it is, is inconsistent with the fundamental rights guaranteed by the Constitution, and that Nigeria could borrow a leaf from countries that have legalized same-sex marriage.

Disputes between Law and Justice

Author(s):Widodo Dwi Putro -- Oki Hajiansyah Wahab
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 1-5
The consequence of identifying justice with law is that seeking justice becomes constrained and it becomes limited only to the formulation of law. Although it is possible to approach justice from the ‘legal-formal’ aspect, justice cannot be reduced to law. Once justice is reduced to law, seeking justice outside the legal system ceases. The assumption that justice is identical to law is misleading, as justice is assumed to be inherent in the law itself. On the other hand, it is dangerous to make a distinct separation between law and justice. Law obtains its validity through its positive form, which is derived from the sovereign authority. The implication of this is that law is the law itself, altogether separate from justice, whereby an emphasis is placed only on its formal manifestation. However, law is not justice. Law is a calculable element, while justice is incalculable in concrete terms. Law is a tool for approaching justice. Therefore, law cannot possibly surpass justice, because assuming that law surpasses justice would be as stating that the tool colonizes its objective.

Advocacy Wife Becomes Victim of Domestic Violence (Between the Indonesian Criminal Law and Islamic Law)

Author(s):La Jamaa
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 6-14
Concepts advocacy of domestic violence victims are basically set in the Indonesian criminal law khsususnya Act No. 23 of 2004 on the Elimination of Domestic Violence stairs. Yet the methods and goals of advocacy for victims of domestic violence in the application in court remains to be investigated. Similarly, the judge imposed criminal sanctions for domestic violence defendants. In this research will be carried out comparative studies with Islamic law, both the victim advocacy, criminal sanctions for perpetrators and victims advocacy goals of domestic violence so as to know the differences and similarities in specific.

Asean’S Lack of Integration in Trademark Registration Related to Asean Economic Community (AEC) by 2015

Author(s):Edy Santoso -- Martin Roestamy
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 15-21
This paper aims to identify a lack of integration system in trademark registration and discus the model of ASEAN’s integration system in trademark. Nowadays, improving the efficiency of the administration and protection of intellectual property rights (IPRs) is very important. It will impact to leverage on IPRs generated in and out of the region to pursue its development and economic integration goals. Therefore, an effort to integrate the trademarks registration system in single ASEAN registration system is very crucial to be prepared. It is in line with the implementation planning of ASEAN Economic Community by 2015. A lack of integration system in trademark registration will impact to a lack of effectiveness in regulating, filling and enforcing the trademark in all ASEAN member states. Furthermore, it will impact to increase the risk of the spread of counterfeit goods in ASEAN region. This paper identified that a lack of integration in trademark registration are caused of a lack of ICT platform policy implementation, a gap on trademark legislation, and language of instruction policy on the web so that there are found three class categories of member states in implementation the registration system in ASEAN member states. Thus, ASEAN should create the new model of ASEAN Trademark System (ATS).

Juvenile Justice for the Best Interest of the Children in Bangladesh: A Legal Analysis

Author(s):Nahid Ferdousi
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 22-32
This paper attempts to analyze the legal mechanisms of juvenile justice in Bangladesh whether it complies with international standards and to what extent the national legislation protect children’s wellbeing as a whole. Since independence of Bangladesh in 1971, the first expression of concern about the protection of children came through the Children Act 1974, the unique principle for children in relating to trial, custody, protection, punishment, treatment and reformation. Although Bangladesh entered the new phase of juvenile justice system by the Act, which is 38 years old does not reflect many principles of the Convention on the Rights of the Child (CRC) 1989. In 1990, after signing the CRC, the law and policy has not substantially been changed which ensures that juveniles are separated and treated differently from adults and to protect their best interest during all kinds of legal processes. In practice, often the Act is not being implemented and as a result children receive the same treatment as adults. Consequently, children suffer adversely from existing laws and practices. In this context, recently, the Children Act 2013 has enacted on the basis of the CRC that Bangladesh ratified 23 years ago; the second phase of the juvenile justice system would be started with the new Act, it is not implemented yet. Against this backdrop, the study assesses both legal development and practices of the juvenile justice system as well as for the best interest of the children in Bangladesh.

Juxtaposing Regulation Theory with Agency Behaviour: Understanding the Role of the Regulator in the Developing World with Evidences from Nigeria

Author(s):Olugbenga Ebenezer Olatunji
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 33-44
This paper explores the interface between the theory and practice of social regulation, particularly in developing or Third World Countries. Using two popular theories of regulation, the paper builds upon the framework of ecology of administration to argue that social regulatory agencies in developing countries may acquire unique characteristics that not only affect their modus operandi, but also midwife their outcomes and assessment in ways that differ significantly from the experiences of their contemporaries in the developed world. The paper finds evidences for these by examining the activities of two agencies in Nigeria: (1) the National Agency for Food and Drug Administration and Control (NAFDAC), an agency that is responsible for the regulation of food, drugs, chemicals, confectionery, cosmetics and related items; and (2)the Economic and Financial Crimes Commission (EFCC) that is responsible for the prevention of financial crimes, corruption and arraigning financial criminals in Nigeria. Among other recommendations to improve the outcomes of regulation in developing countries, the paper advocates for the creation of improved regulatory environment by government, strengthening of political commitment to the cause of regulation; government’s avoidance of playing ‘regulatory games’ in order to guarantee the regulatory freedom of agencies; improved funding; functional communication amongst stakeholders in regulation; and the use of new social heuristics that combines legalism with social realities in order to boost regulatory compliance amongst the regulated.

The Advantages and Disadvantages of the 2011 New Patent “First-to-File” System

Author(s):Donovan A. McFarlane
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 45-49
This paper examines the perceived advantages and disadvantages of the new patent law or change that shifts the patenting system of the United States from a first-to-invent to a first-to-file system. The author briefly describes the historical process of filing a patent as based on the “first-to-invent” system, and then explores and defines the change in patent law which occurred under the America Invents Act (AIA) of 2011, and which has come to be known as a “first-to-file” system. The advantages and disadvantages of this new patent law filing system are explored relative to the challenges of the former “first-to-invent” system. Finally, the author deliberates on its potential and future impact given current competitive, economic, legal, and political challenges.

A Comparative Study of Albanian Customary Law with the Code of the West and the Common Law of England Lex Scripta vs. Lex Non Scripta

Author(s):Arburim Iseni -- Ylber Sela -- Adem Beadini
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 50-59
In this study we are going to compare some of the most important aspects of social life among the three customary laws. Customs that are going to be mentioned and compared here are: family, hospitality and honor, blood feud, and the solemn oath (spoken word), etc. Also, the differences between unwritten and written laws communicated from the former ages are going to be explained, extensively. The purpose of this study was to identify if there is a match among the three codes (canons), and to determine the main differences that exist among the selected customs taken for our study. These canons were bodies of customary law and they were either written (lex scripta) or unwritten (lex non scripta). For centuries, they had existed in an unwritten form, and thus it is impossible to be too definite about their origins. For example, Kanun of Lek Dukagjini among Albanians written by Shtjefën Gjeçovi, a Franciscan priest, who began collecting the works that first appeared in printed form in 1913, and the completed Kanun was published in 1931 after his death. Then, The History of the Common Law of England among English written by Sir Matthew Hale in 1739. And, the Code of the West which was first chronicled by the famous western writers like Ned Buntline, Prentis Ingraham, Owen Wister, Max Brand and Zane Grey. The latter states in his 1934 novel The Code of the West that no ‘written’ code ever actually existed. Lack of written law made it necessary for Grey to frame some of his own, thus developing a rule of behavior which became known as the ‘Code of the West.’

A Comparative Analysis of Trade Disputes Settlement in Nigerian Public and Private Universities

Author(s):Dahida D. Philip -- Adekeye Joseph Adeshola
Journal: Journal of Law, Policy and Globalization
Publisher:
Abstract
| Pages: 60-68
Trade dispute has become a common and frequent occurrence phenomenon in both private and public sector organizations world- wide and Nigeria particularly. Other countries of the world especially the western, advanced and well-to do nations have ever since identified with the immediate solution to curbing the industrial unrest. In Nigeria for instance, the public universities have over many years ago been engaging in to various form of strike actions. At this very moment, the public universities are on industrial action, while their private counterpart is carrying on their full academic activities. It is against this background that this study made comparative analytical issues concerning trade dispute settlement in public and private universities in Nigeria. The major findings in the paper revealed that, the objective of trade union is to protect the interests of their members. This include all employment related matters such as wages and salaries etc. We therefore, draw our conclusion and recommended among other things that, a flexible organizational structure should be instituted to improve the relationship between management and staff.
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