REVIEW ARTICLE | July 30, 2018
Declarations to Multilateral Conventions in the Penal Field – Role and Significance to Authorities in Bosnia And Herzegovina and Some Other East European Countries
Anton Girginov & Habil
Page no 49-58 |
10.36348/sijlcj.2018.v01i03.001
This paper deals with a specific and rarely studied issue of Bosnia and Herzegovina in the field of international judicial cooperation in criminal matters. This is the common problem of successfully working with declarations to multilateral legal instruments. In view of this, the aim of my presentation is to find better solutions to this problem by identifying and correcting basic mistakes and unjustifiable omissions in making use of such declarations. For this purpose special attention is given, initially, to the hierarchy of legal instruments: domestic law and international agreements. It is well-known that in Civil Law (Continental-European, Latin) countries, international agreements are applicable directly, without any enabling legislation, and override domestic law which contradicts them. The priority of such agreements is indisputable in such countries. Belonging to this group of countries, Bosnia and Herzegovina makes no exception. As a result, where Bosnia and Herzegovina is a Party to some international agreement, it cannot unilaterally change anything in this agreement: either by means of its domestic law or in any other way. However, when the international agreement is a multilateral convention, Bosnia and Herzegovina is in the position to unilaterally modify it. The sole and irreplaceable means to reach this goal is a reservation or in some sense a declaration to the multilateral convention. Nevertheless, there are cases where the legislation of this country has not taken into consideration the inability of its own domestic law to change multilateral conventions. This makes it necessary to discuss those cases and explain the need of resorting to declarations, in particular, for the purpose of producing the desired result.
ORIGINAL RESEARCH ARTICLE | July 30, 2018
The Impact of Government Policy on Industrial Forest Plantation Management for Indigenous People in North Gorontalo
Nirwan Junus, Ismail Tomu, Karlin Z. Mamu
Page no 59-63 |
10.36348/sijlcj.2018.v01i03.002
The policy on the management of Industrial Forest Plantation (HTI) is a great opportunity for the local government of North Gorontalo Regency to develop the potential and quality of forest resources. This study aims to examine the impact of government policies on the management of Industrial Forest Plantation for indigenous peoples in North Gorontalo District. Data collection methods are carried out through survey stages, namely field observations, interviews and Focus Group Discussion (FGD) activities with stakeholders. The results obtained that the Industrial Plantation Forest policy on the one hand have a positive impact, but on the other hand have a negative impact. The positive impact is that it can spur regional and rural economic growth and open jobs to overcome unemployment. In addition, the negative impact is a decrease in community agricultural yields and interventions in the utilization of forest products. It is suggested that the regional government provide assistance and supervision on the policies of Industrial Plantation Forests which cover the ownership of Industrial Plantation Forests and community lands. So that the community has certainty about structuring the HTI work area, and the community can actively participate without causing conflict.
CASE REPORT | July 30, 2018
The Freedom to Withdraw from Political Party Membership in the Ethiopian Law: A Case Based Analysis
Leake Mekonen Tesfay
Page no 64-73 |
10.36348/sijlcj.2018.v01i03.003
One of the fundamental rights the FDRE Constitution acknowledges is the freedom of political party membership. To this effect, the Revised Political Parties Registration Proclamation, which regulates the details of political party membership, allows a political party member to withdraw from membership at any time. It does not provide for any formality. However, the Cassation Bench of the Federal Supreme Court has decided in Unity for Justice and Democracy Party v Blue Party (File No.112091, decided on 06 May 2015 (Miyazia 28, 2007 E.C.) that a political party member cannot withdraw and be a member of another political party without notifying the former political party in writing. This case comment examines the appropriateness of this decision from the perspective of the right to political party membership. The case comment analyses the constitutional and legal provisions pertinent to the right to political party membership in Ethiopia. Relevant provisions of international human rights instruments are also explored. To share a lesson from comparative experience, the experience of the Israeli and Kenyan legal systems is examined. This author argues that the law does not require a written withdrawal notice. This enables a political party member to terminate his/her membership not only with written withdrawal notice rather by all other possible ways, including by taking new membership in another political party.
Pakistan joined the War on Terror (WOT) shortly after the 9/11 incident and helped United States in eliminating extremists and terrorists networks in Afghanistan. Resultantly, Pakistan is facing horrible security issues inside its territory. This paper analysis the various reasons behind loopholes in the security issues of Pakistan and why the incidents of terrorism have increased over the years
REVIEW ARTICLE | July 30, 2018
Theoretical and Normative Explanation of Legitimacy in Criminal Law
Nasser Yousif Muhidin
Page no 77-82 |
10.36348/sijlcj.2018.v01i03.005
The legitimacy of criminal law is essential and ambiguous foundation of the criminal system. The notion of legitimacy should be legally grounded. The law has to be rightful and its applications needs to be legitimate. The controversy legitimizing criminal law has become an issue not only among politicians and lawyers, but also among academicians. This study has investigated the legitimacy of the criminal law. The study also investigated the relationship between constitution and legitimacy of the criminal law. The findings indicated that constitution is an essential component of criminal law legitimacy. The authorities to legitimize their decisions need to abide by the written constitution of the country. This study also investigated the important of communication and interaction between components of society to comprehend the legitimacy of the criminal law. The legitimacy of the criminal law is also important to overcome conflicts and crises. This study identified that law enforcement does not resolve criminal issues as a whole, but it’s an instrument to minimize the danger of its escalation. It will help the law enforcement to be respected and considered by the wider society