ORIGINAL RESEARCH ARTICLE | July 12, 2020
Analysis of Juridical Legal Protection of Women Reproductive Health in Family Planning: A Research Study in Batam City
Mediheryanto, Jemmy Rumengan, Fadlan
Page no 208-215 |
10.36348/sijlcj.2020.v03i07.001
Protection of women's reproductive health law has been set out in Law No. 36 the year 2009 and specifically set out in law number 52 the Year 2009, but not yet well implemented. In the declaration of the International Conference on Population and Development is also recognized the right of reproductive women, the right of individuals to determine when having children, the number of children and the distance between children who are medically healthy, free from discrimination, compulsion/violence and do not contradict religious norms. Health services in the family planning related to the arrangement of pregnancy using contraceptives, for this often occurs problems are the difficulties of knowing the importance of access to services and the low compliance with the operational procedures, then in anticipation, it is necessary efforts with the creation of Minimal service standards, the establishment of a quality care team, the establishment of the operational team health and family planning.
ORIGINAL RESEARCH ARTICLE | July 28, 2020
The “Nullum Crimen, Nulla Poena Sine Lege” Principle and Foreseeability of the Criminal Law in the Jurisprudence of European Court of Human Rights
Andrei Emil Moise
Page no 240-247 |
10.36348/sijlcj.2020.v03i07.004
Applying a similar legal provision or resorting to the principles of law, in the matter of private law, the judge has the duty to resolve any case when there is a lacunar legislation. Unlike in private law, in criminal law this is impossible, as there are two principles that prevent the court from establishing new facts as crimes and applying punishments that are not expressly provided by criminal law, namely the principle of legality of incrimination (nullum crime sine lege) and the principle of legality of punishment (nulla poena sine lege). In the present study we aimed to analyze the extent to which these principles of criminal law find their expression in the jurisprudence of the European Court of Human Rights.
REVIEW ARTICLE | July 22, 2020
Sub-regional Instruments as Vehicle for Domestic Maritime Legislative Development: Cameroon’s Experience with the ‘CEMAC’ Merchant Shipping Code
Buh Emmanuel Ndze
Page no 216-230 |
10.36348/sijlcj.2020.v03i07.002
The regulation of the shipping industry is deeply rooted in treaties or agreements – whether bilateral, multilateral or universal. Where such treaties emanate from a sub-regional organization, however, it all depends on whether the organization in question is geared towards loose cooperation or formal integration. Basically, loose cooperation-oriented organizations such as the Gulf of Guinea Commission do not have treaty-making competence. However, they generally function alongside well-established international organizations such as the UN and IMO and are often credited with working to encourage states in the implementation and enforcement of major international instruments at the regional level. On the other hand, formal integration-oriented organizations such as the EU and CEMAC usually develop instruments that tend to heavily impact the legislative framework of their member-states. It is therefore to be expected that CEMAC instruments, notably the CEMAC Merchant Shipping Code, would impact Cameroon’s maritime legislation. Such impact can be seen from what Cameroon has achieved in terms of the modernization of its maritime legislation and the provision of solutions to the challenges inherent in its dual legal system. Furthermore, the CEMAC Shipping Code regime must also be perceived as a component of Cameroon’s overall effort geared towards meeting international maritime legislative implementation and enforcement standards. However, the challenges confronting the country at these various levels are huge and questions arise as to the adequacy of the CEMAC Shipping Code regime in addressing them. This article thus sets out to make an appraisal of the CEMAC Shipping Code regime in its perceived role as vehicle for developing Cameroon’s maritime legislation and addressing the related challenges inherent in the country’s dual legal system. The methodology adopted is doctrinal in approach and involves a content analysis of primary and secondary data. The article concludes with a proposed strategic framework for maritime legislative development and some practical suggestions directed at the government of Cameroon, but which should equally be useful to governments elsewhere.
ORIGINAL RESEARCH ARTICLE | July 28, 2020
The Protection of Human Rights in the European Union and the Perspective of the EU’s Accession to the ECHR
Andrei Emil Moise
Page no 231-239 |
10.36348/sijlcj.2020.v03i07.003
The European Union has always stated its commitment to human rights and over the time has managed to bring this issue to the forefront, including in its relations with other states. It has introduced in its economic and trade agreements a clause expressly stipulating that the respect for human rights is an essential element of relations between the parties. With the entry in force of the Treaty of Lisbon, the Charter of Human Rights acquired binding legal force. So, the possibility of the European Union's accession to the European Convention for the Protection of Fundamental Rights and Freedoms and the ways in which it could be put into practice were discussed again. But in the context of accession, the questions arise as to how the two jurisdictional institutions can coexist, namely the European Court of Human Rights and the Court of Justice of the European Union, what relationship will develop between them and what mechanisms need to be developed for both the Charter and the Convention can be applied.