Scholars International Journal of Law, Crime and Justice (SIJLCJ) | Volume-2-Issue-04
April 19, 2019
International Terrorism and Human Rights: A Short Arab Perspective
Dr. Shadi Alshdaifat, Abdulellah Al- Nawaysieh, Dr. Mahmoud Fayyad
Page Numbers : Sch Int J Law Crime Justice, 2019; 2(4):46-53
DOI : 10.21276/sijlcj.2019.2.4.1
As the war on terrorism moves beyond boundaries, it is clear that the international community focus remains almost entirely on the Middle East. Every group mentioned by the American administrative regarding international terrorism has to do with Arab and Muslim world. And the two Middle Eastern members of the “axis of evil,” Iran and Iraq, were cited for being sponsors of terror, but not for being behind al-Qaida’s operations. Understandably, the horror committed by al-Qaida, and the threat that it still poses, have focused the attention on the Middle East. But it is a mistake to imagine that the global terrorism problem beyond al-Qaida is primarily Middle Eastern. There is too much terrorism in the Middle East and the international community must seek to reduce it, but it must be put in global perspective. In the two decades preceding the tragedy of September 11th, the Middle East was not the leading region in the number of terrorist incidents or in the number of casualties from terrorism. Moreover, while the terrorist trend in the Middle East moved downward every single year, it moved upward in other regions, including Africa, Asia and Latin America. However, this paper is a try to bring about the Arab perspective regarding international terrorism by discussing the main issue around the phenomena.
April 30, 2019
The Extent of Court Intervention in Arbitration Proceedings: Ethiopian Arbitration Law in Focus
Alemnew Gebeyehu Dessie
Page Numbers : Sch Int J Law Crime Justice, 2019; 2(4):54-62
DOI : 10.21276/sijlcj.2019.2.4.2
Arbitration, the contractual alternative of dispute settlement, though it has scored greater efficiency and become a venerable mode of dispute settlement in this business world; it has been encumbered by court intervention, nowadays. Court intervention is appropriate and justified almost in all jurisdictions in different degrees and contexts. However, unless its justifications, instances, and extent are well stipulated and fettered under national arbitration law, unwarranted interventions could restrain arbitration proceedings so that parties’ whished benefits and interests remain in vain. Therefore, this article is going to deal with rationalities, instances, and the extent of court intervention in arbitration proceedings. In doing so, it strives to divulge the extent of court intervention under international and Ethiopian arbitration laws. For this, the article uncovered that Ethiopian arbitration law is exposed to unwarranted and inimical court intervention in arbitration proceedings. There are premature court interventions and broader judicial review circumstances under the Civil Procedure Code and the Civil Code of Ethiopia. Underscoring the existence of the higher extent of court intervention instances, this article also tried to pinpoint solutions calling for an optimal extent of court intervention in arbitration proceedings. In doing so, parties can have a fair degree of autonomy and freedom guaranteeing and underpinning an efficient arbitration system. Last, as a way forward, the article has also called, including ratification of the New York Convention (1958), modification of the Ethiopian arbitration law in light of the modern arbitration laws from the international arbitration laws, foreign jurisdictions, and arbitration rules of renowned arbitral institutions.
April 30, 2019
An Approach on Application of General Principles of Good Governance (AUPB) as a Review of the Village Government Corruption Behavior in Indonesia
Nadir, Win Yuli Wardani
Page Numbers : Sch Int J Law Crime Justice, 2019; 2(4):63-70
DOI : 10.21276/sijlcj.2019.2.4.3
This research at legal issues do General Principles of Good Governance stone behavior can be propagated as test corruption government politics village as the alternative solution build control mechanisms for corruption be able to control of the village head in village funds. This research method is a study of legal research. The results of this study the approach to applying AUPB as a test for village government corruption behavior by a judge can technically be done in 2 (two) ways, namely: through induction and deduction legal reasoning. Practical experience shows that the settlement of disputes in the Court so far usually begins with an induction step, which is in the form of formulating facts, seeking a causal relationship, and determining the probability. After the induction step, it is followed by efforts to apply the law as a step of deduction. In the application of law, it always begins with identification of legal rules. Efforts to identify the rule of law, often encounter conditions; legal vacuum (leemten in het recht), legal antinomy (conflict of norms), and vage norms.
April 30, 2019
The Socio-Legal Implications of Birth Registration of a Child in Cameroon: A Concerted Initiative
Tanyi George Nkecha, Ayuk Macbert Nkongho
Page Numbers : Sch Int J Law Crime Justice, 2019; 2(4):71-83
DOI : 10.21276/sijlcj.2019.2.4.4
Children represent proof of manhood or womanhood in the society. The right of the child to birth registration is a prerequisite obligation any parents owe to the child after birth. Birth registration of a child is a fundamental right recognized under international law as well as domestic legislations in most civilized nations under pain of sanctions for non-compliance. The paper took an eagle eye view on the child rights to birth registration in the Cameroonian legal system. The paper also examines the need for birth registration and the socio-legal implications for non registration of child birth in Cameroon and concludes with some robust recommendations for policy formulation which it effectively implemented, will go a mile stone to guarantee the protection of birth registration of a child in Cameroon.
April 30, 2019
Compare and Contrast of Contractual Liability for the Third Party’s Act under the Bahrain Civil Law and Jordanian Civil Law
Dr. Raed Mohammad Flieh Alnimer
Page Numbers : Sch Int J Law Crime Justice, 2019; 2(4):84-95
DOI : 10.21276/sijlcj.2019.2.4.5
This study concentrates on the theoretical and applied aspects of the contractual liability under the third parties act; the theoretical aspect of this liability includes the definition, conditions, the range, features, provisions, and legal basis. Additionally, the most important applications of this liability within Bahrain Civil Law is discussed: Construction contract, and Lease contract. The research defines contractual liability under the third party act as a contractual liability which will be held when the debtor uses a third party to implement his contractual commitments, as long as there are no contractual terms preventing this.
April 30, 2019
The Law in Cameroon and the Vexing Problems of Ground Water Pollution
Fonja Julius Achu
Page Numbers : Sch Int J Law Crime Justice, 2019; 2(4):96-109
DOI : 10.21276/sijlcj.2019.2.4.6
In Cameroon, due to the weaknesses of institutions and inadequate laws, many agro industrial plantations which are in most parts of the country extensively apply fertilizers, pesticides and discharge their untreated waste into nature. These attitudes are consistent for industries, hospitals and individuals. Consequently chemicals are found in ground water. Artisan mining of gold in the South eastern and Eastern parts of Cameroon release substantial quantities of arsenic in to ground water. All these leads to ground water pollution .The ramification of this pollution of ground water is water borne diseases (such as typhoid, cholera and amoebic dysentery which are recurrent in most of the urban cities in Cameroon). This paper investigates why the laws regulating ground water are not enforced and the lacunae of these laws. The paper does so through a reading of records mainly from documentary and internet search. The data thus collected constitutes the sources from which the law is drawn, stated and analyzed in the light of the stated aim of the paper. The results inter alia show that the law that regulate ground water pollution are not well enforced. The said results also highlight the limitation of the available laws regulating ground water pollution in Cameroon. The results are significant as they expose gaps in the current laws regulating ground water pollution and conclude with suggestions on where the law should go.