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Research Article
Addressing the Legacy of Colonization in the Aftermath of the Armed Conflict: What Role for Transitional Justice
Issue:
Volume 7, Issue 1, April 2024
Pages:
1-6
Received:
10 November 2023
Accepted:
23 December 2023
Published:
11 January 2024
Abstract: In the aftermath of armed conflicts, international law seeks to bring the child recruiters to justice. It pays no attention to the issues of colonialism at the root of child soldiering. We know today from political science research that the phenomenon of child soldiers is largely a legacy of colonization in many countries, such as the DRC. Indeed, the silence of the institutions with regard to the injustices suffered by populations during the colonial period is a major factor in the growth and persistence of this phenomenon in this country. However, this evidence is still ignored by international law when it comes to this issue. By ignoring this evidence, international law perpetuates the injustices of the colonial era. Furthermore, it fails to address the phenomenon and, as a result, children continue to join armed groups voluntarily. The objective of this research is to take a step forward by examining how international law can be redesigned to effectively achieve its purpose: to help countries build a new society after the end of a war. It does so by exploring the potential of transitional justice mechanisms to address these related issues and beyond, including the acknowledgement of the victims of child soldiers. For this research, as long as International Law and policy will keep ignoring the contexts and realities in which children come to fight, their responses in countries like the DRC will remain meaningless and ineffective. This research concludes that the extension of TJ mechanisms to injustices recorded during the colonial period could be an opportunity to access local truth to build genuine policies on child soldiering that would help restore broken societies.
Abstract: In the aftermath of armed conflicts, international law seeks to bring the child recruiters to justice. It pays no attention to the issues of colonialism at the root of child soldiering. We know today from political science research that the phenomenon of child soldiers is largely a legacy of colonization in many countries, such as the DRC. Indeed, ...
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Research Article
UK Universities Letting Mothers Down: The Experiences of Breastfeeding Mothers in UK Universities
Ernestine Gheyoh Ndzi*,
Anjali Westwood,
Jan Maltby
Issue:
Volume 7, Issue 1, April 2024
Pages:
7-17
Received:
27 December 2023
Accepted:
9 January 2024
Published:
18 January 2024
Abstract: The research underscores the pivotal role of gendered norms in the workplace and highlights the failure of university EDIs and the Athena Swan agenda to recognise breastfeeding as an essential element contributing to gender inequality. Breastfeeding issues are investigated through the lens of workplace culture, revealing deficiencies in institutional practices and in the realm of equality, diversity, and inclusion (EDI) concerning the provision of work-life balance for breastfeeding mothers. This empirical investigation draws on data gathered from 35 university websites and semi-structured interviews involving 20 mothers employed in UK HEIs. The participant pool comprises eighteen academics and two professional services staff members representing 17 universities. Thematic analysis was employed to record, transcribe, and scrutinise the interview data. The findings indicate a noticeable absence of breastfeeding information and support across universities, underscored by inconsistencies in the location and specificity of information on university websites. The interview data reveal that mothers lacked sufficient information and resources pertaining to breastfeeding. Furthermore, universities do not acknowledge breastfeeding as a fundamental facet of EDI or Athena Swan plans. Notably, the study observes that the COVID-19 lockdown afforded mothers a unique opportunity to breastfeed for extended durations due to the flexibility of working from home.
Abstract: The research underscores the pivotal role of gendered norms in the workplace and highlights the failure of university EDIs and the Athena Swan agenda to recognise breastfeeding as an essential element contributing to gender inequality. Breastfeeding issues are investigated through the lens of workplace culture, revealing deficiencies in institution...
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Research Article
Legal and Doctrine Perspectives on Judicial Mediation Within a Corporation
Issue:
Volume 7, Issue 1, April 2024
Pages:
18-21
Received:
2 June 2023
Accepted:
12 January 2024
Published:
23 January 2024
Abstract: This article aims to discuss corporate judicial mediation, shedding light on the relevance of this subject. As conflicts within a company can potentially lead to financial collapse if not resolved timely and even render it impossible to sustain business operations, mediation is a crucial tool for sustaining business operations. Mediation, whether judicial or extrajudicial, began in Brazil in the 1990s. It is a practice aligned with the American multidoor system coined as the MultidoorCourthouseSystem by Sander, meaning that there are several doors for conflict resolution. In the mediation sessions— which rarely occur just once— the parties must be assisted by their lawyers or public defenders. The mediator plays a central role as a facilitator, fostering communication and bringing the parties together. It's important to note that the mediator does not decide or propose solutions but acts as a neutral guide in the process. Within our legal framework, judicial mediations, whether involving companies or not, occur in judicial centers for conflict resolution and citizenship called CentrosJudiciários de Solução de Conflitos e Cidadania – CEJUSCS or within the court system. Principles govern this matter, emphasizing, among others, the autonomy of the parties' will, informality, confidentiality, the impartiality of the mediator, the isonomy of the parties, orality, the search for consensus and good faith (Mediation Law, Art. 2, Items I to VIII). Confidentiality and speed are features present in business and other mediation.
Abstract: This article aims to discuss corporate judicial mediation, shedding light on the relevance of this subject. As conflicts within a company can potentially lead to financial collapse if not resolved timely and even render it impossible to sustain business operations, mediation is a crucial tool for sustaining business operations. Mediation, whether j...
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Research Article
The Ideal Concept of Ethics Court in the Constitutional System of the Republic of Indonesia
Yusuf Warsyim*,
Rio Christiawan,
Tuti Widyaningrum
Issue:
Volume 7, Issue 1, March 2024
Pages:
22-29
Received:
14 December 2023
Accepted:
4 January 2024
Published:
23 January 2024
DOI:
10.11648/j.ijls.20240701.14
Downloads:
Views:
Abstract: This research is normative juridical research with the approach used being a statutory approach and a conceptual approach with the aim of analyzing a number of statutory regulations and finding the conceptual ideal of Ethics Court in the Constitutional System of the Republic of Indonesia. The research results show that the formation of ethics enforcement institutions can be found in various forms, it can be an organ attached to the institution it supervises (internal) or one that exists as a separate institution (external). Debates began to arise when the lack of uniformity in the institutional form of ethics supervisors was considered to affect the procedures and quality of ethics enforcement itself. Therefore, this research concludes that the ideal concept of Ethics Court in the future should have a constitutional and juridical position as part of judicial power with the following conception: First, Ethics Court institutions are constructed independently and separately from the judicial institutions of the Supreme Court and Constitutional Court by forming an Ethics Court, so that in the future the implementation of judicial power in Indonesia it consists of 3 (three) judicial institutions, namely the Supreme Court and its subordinate judicial institutions, the Constitutional Court, and the Ethics Court. Second, the Ethics Court was constructed as the first and final ethics court by supervising institutions that enforce codes of ethics and codes of behavior that have existed so far by consolidating and reorganizing institutions with uniformity as ethics monitoring institutions in each state institution. Third, filling positions and/or membership of the Ethics Court must be carried out openly and can be participated by all Indonesian citizens who meet the requirements. Fourth, the work of the Ethics Court must apply the principles of openness, independence and accountability like the judiciary in general.
Abstract: This research is normative juridical research with the approach used being a statutory approach and a conceptual approach with the aim of analyzing a number of statutory regulations and finding the conceptual ideal of Ethics Court in the Constitutional System of the Republic of Indonesia. The research results show that the formation of ethics enfor...
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Research Article
Analyzing Ethiopia Banking Sector Credit Policy Against Environmentally Sustainable Lending
Issue:
Volume 7, Issue 1, April 2024
Pages:
30-38
Received:
12 December 2023
Accepted:
16 January 2024
Published:
1 February 2024
Abstract: The very essence оf this study is investigаting Ethiорiа Bаnks lending роliсy аnd regulаtiоns аgаinst envirоnmentаl sustainability. The motivation behind this analysis is that environmental sustainability regulated under Ethiopia EIA proclamation, Ethiopia Investment proclamation and other national directives lacks adequacy to protect environmental sustainability. On top of this Ethiорiа is signаtоry tо mаny different global envirоnmentаl treаting аnd рrоtосоls, from Riо 1992 Earth Summit tо СОР 15 Раris сlimаte сhаnge аgreement. The question mainly addressed by the writer is that whether Ethiорiаn bаnks lending роliсy ассоmmоdаte envirоnmentаl sustainability in рrоviding lоаn and the existence of policy at the national level that requires the financial sector of the country to promote environmental sustainable lending. This article will be signifiсаnt in mаny wаys. Fоr instаnсe, the сurrently аvаilаble reseаrсh wоrks in the field оf envirоnmentаl рrоteсtiоn integrаtiоn in Ethiорiа аre nоt аdequаte. Thus, this article will fill the gар in the existing literаture in the field and also it will be infоrmаtive tо the рubliс аnd the gоvernment аbоut the imрасts оf nоt integrаting envirоnmentаl рrоteсtiоn in the сredit асtivities оf Ethiорiа bаnks аnd whаt needs tо be dоne in the future tо mаke the integrаtiоn mоre effeсtive. This article revealed that there is no any visible policy law that mandate Ethiopia banks to integrate environmental sustainability in banks credit operations. Finally the writer recommended the Ethiopia Minister of Finance (MoF), National Bank of Ethiopia and Ethiopia Commercial Banks to enact Ethiopia environmental sustainable finance principle, environmental sustainable banking guideline, self regulatory environmental sustainable credit guideline respectively.
Abstract: The very essence оf this study is investigаting Ethiорiа Bаnks lending роliсy аnd regulаtiоns аgаinst envirоnmentаl sustainability. The motivation behind this analysis is that environmental sustainability regulated under Ethiopia EIA proclamation, Ethiopia Investment proclamation and other national directives lacks adequacy to protect environmental...
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Research Article
The Extent to Which the Fault Is Required as a Basic Element of the Tortious Liability in the Iraqi Civil Law: An Analytical Comparative Study
Younis Salahuddin Ali*
Issue:
Volume 7, Issue 1, March 2024
Pages:
39-50
Received:
8 May 2023
Accepted:
16 June 2023
Published:
2 April 2024
Abstract: The Author has done his utmost to draw distinctions between the Iraqi civil law No. (40) of 1951 from one hand and the Islamic jurisprudence, the English common law and some other Arab comparative laws. Although the Iraqi civil law is affected by the Islamic jurisprudence, and borrows the term of guaranteeing the harmful act from the juristic maxims of this jurisprudence. But it adopts impliedly the concept of the fault in the first paragraph of the article (186), by stipulating the willfulness or encroachment of both the perpetrator and the abettor. Thus confusing between the system of the guarantee and that of the liability. Unlike the Islamic jurisprudence which adopts the idea of guaranteeing the harmful act, and distinguishes obviously between the guaranteeing of the perpetrator and that of the abettor. Or between the act done directly by perpetration and indirectly by causation, and does not recognize the idea of the fault. As far as the English common law is concerned, it adopts the fault-based liability as a general principle, the same is true for the Egyptian civil law No. 131 of 1948. Whereas both the Jordanian Civil Law No. 43 of 1976, and the Federal civil transactions law No. 5 of 1985 of the United Arab Emirates adopt the idea of guaranteeing the harm rather than the fault. The problem of the research lies in the confusion, embarrassment and perplexity in the situation of the Iraqi civil law concerning the basic element of the fault in the tortious liability. Therefore the author tries hard to solve confusion, remove both the embarrassment and perplexity by analyzing the true situation of the Iraqi civil law towards this basic element, and comparing it with the Islamic jurisprudence, which is considered as its original historical source, by which it is highly affected. As well as the English common law, considered as the leading legal system within the Anglo-American legal system, and different from the civil law system, led by the French civil code, by which the Iraqi civil law is indirectly affected, through being affected by the Egyptian civil law. The author suggests some relevant recommendations, the most important of which is thedistinction between the system of the liability and that of guaranteeing the harmful act, and adopt the former in the case of the damage done by perpetration, and the latter in the case of the damage done by causation.
Abstract: The Author has done his utmost to draw distinctions between the Iraqi civil law No. (40) of 1951 from one hand and the Islamic jurisprudence, the English common law and some other Arab comparative laws. Although the Iraqi civil law is affected by the Islamic jurisprudence, and borrows the term of guaranteeing the harmful act from the juristic maxim...
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