World Academy of Science, Engineering and Technology

Authors: Ashaawari Datta Chaudhuri

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India is a country that worships sports, especially cricket and football. This paper investigates the different intellectual property law issues that arise for sports. The paper will be a study of the legal precedents and landmark judgements in India for sports law. Some of the issues, such as brand abuse, misbranding, and infringement of IP, are very common and will be studied through case-based analysis. As a developing country, India is coping with new issues for theft of IP in different sectors. It has sportspersons of various kinds representing the country in many international events. This invites various problems in terms of recognition, credit, brand promotions, sponsorships, endorsements, and merchandising. Intellectual property is vital in many such endeavors for both brands and sportspersons. One of the major values associated with sport is ethics. Fairness, equality, and basic concern for credit are crucial in this industry. This paper will focus mostly on issues pertaining to design, trademarks, and copyrights. The contribution of this paper would be to study different problems and identify the gaps that require legislative intervention and policymaking. This is important to help boost businesses and brands associated with this industry to help occupy spaces in the market.

Keywords: copyright, design, intellectual property, Indian landscape for sports law, patents, trademark, licensing, infringement

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Authors: Ekaterina Reznikova

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The paper provides an overview of the comparative analysis of legal novelties on telework in Portugal and Spain from a gender perspective. Telework, defined as the practice of working remotely using information and communication technologies, has gained increased attention in recent years, particularly in the context of the COVID-19 pandemic. As countries implement legal frameworks to regulate telework, it is essential to assess their gender implications and their impact on promoting gender equality in the workplace. In Portugal, legal novelties on telework have been introduced through various legislative measures, including the Telework Regulation Act (Lei do Teletrabalho) enacted in 2018. This legislation aims to provide a framework for telework arrangements, outlining rights and obligations for both employers and employees. However, the gender perspective in Portugal's telework regulations remains somewhat limited, with few explicit provisions addressing gender disparities in telework participation or the unequal distribution of caregiving responsibilities. In contrast, Spain has taken a more proactive approach to addressing gender equality in telework through its legal novelties. The Spanish government passed the Royal Decree-Law 28/2020, which introduced significant reforms to telework regulations in response to the COVID-19 pandemic. This legislation includes provisions aimed at promoting gender equality in telework, such as measures to ensure work-life balance and prevent discrimination based on gender in telework arrangements. Additionally, Spain has implemented initiatives to encourage "joint responsibility" at home, emphasizing the importance of shared caregiving duties between men and women. By comparing the legal novelties on telework in Portugal and Spain from a gender perspective, this study aims to identify best practices and areas for improvement in promoting gender equality in telework arrangements. Through a comprehensive analysis of the legal frameworks, this study will assess the extent to which Portugal and Spain's telework regulations address gender disparities and support the advancement of women in the workforce. The findings of this comparative analysis will have significant implications for policymakers, employers, and other stakeholders involved in shaping telework policies. By identifying effective strategies for promoting gender equality in telework, this study seeks to contribute to the development of inclusive and sustainable work environments that benefit all employees, regardless of gender.

Keywords: telework, labour law, digitalization, gender

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Authors: Ain ul Khair

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In this study, the author situates the formation of the Kashmiri body as colonized in the postcolonial society, on which India continues to execute and maintain colonial practices adopted and replicated from the Western colonial projects. This paper explores the formation of a Kashmiri body as a site of complete dehumanization, which has deliberately been politicized based on its religion, racialized because of its ethnic distinction, and consequently has been subjected to extreme forms of violence. This paper specifically looks at the creation of the Kashmiri colonized body through India’s colonial practices that are in continuity from the Western imperialist colonial projects through the historicization of the careful manufacturing of the Kashmiri colonial body through the lens of the political, legal, geographical, and demographic landscape of India’s colonial project. The paper looks at the framing of the colonial legal framework that informs the construction of the colonized Kashmiri body, drawing violence and religion at the center of it.

Keywords: historicization, colonial body, kashmir, india, pakistan, south asia, religion, political identity, politics, Mahmood Mamdani, Ann Stoler, Fanon

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Authors: Mukisa Daphine Letisha

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Plea bargaining, a practice often associated with more developed legal systems, has emerged as a significant tool within Uganda's criminal justice system despite its absence in formal legal structures inherited from its colonial past. Initiated in 2013 with the aim of reducing case backlogs, expediting trials, and addressing prison congestion, plea bargaining reflects a pragmatic response to systemic challenges. While rooted in international statutes and domestic constitutional provisions, its implementation relies heavily on the Judicature (Plea Bargain) Rules of 2016, which outline procedural requirements and safeguards. Advocates argue that plea bargaining has yielded tangible benefits, including a reduction in case backlog and efficient allocation of resources, with notable support from judicial and prosecutorial authorities. Case examples demonstrate successful outcomes, with accused individuals benefitting from reduced sentences in exchange for guilty pleas. However, challenges persist, including procedural irregularities, inadequate statutory provisions, and concerns about coercion and imbalance of power between prosecutors and accused individuals. To enhance efficacy, recommendations focus on establishing monitoring mechanisms, stakeholder training, and public sensitization campaigns. In conclusion, while plea bargaining offers potential advantages in streamlining Uganda's criminal justice system, addressing its challenges requires careful consideration of procedural safeguards and stakeholder engagement to ensure fairness and integrity in the administration of justice.

Keywords: plea-bargaining, criminal-justice system, uganda, efficacy

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Authors: Cui Long (Allen)

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China's attention to the Arctic began in 1925, when the country joined the Svalbard Treaty. China's participation in Arctic exploration was determined by the second and third articles of the treaty, according to which the country could conduct scientific activities in the adjacent waters of Svalbard. The first studies of the New China began in the 50s of the twentieth century. The first scientific projects on Arctic exploration began in the 80s of the twentieth century. During these years, the "National Committee of the People's Republic of China for Arctic Expeditions" and the "Institute of Polar Research" in Shanghai were established. The beginning of Deng Xiaoping's policy of openness and reform has opened a new page in China's scientific research of the Arctic. Since the 90s, the first Chinese scientific programs have been developed with foreign partners. The Chinese Academy of Sciences and its subordinate scientific institutions are actively involved in scientific activities: the Institute of Aerophysics, the Institute of Geographical Sciences and Natural Resources, the Institute of Oceanology, etc. An important event for the development of scientific research in the Arctic was China's entry into the Arctic Council in 2013 as an observer. By 2018, China had conducted nine Arctic expeditions, their purpose was to study the melting of ice and its effects on the world's climate system, as well as the impact of the Arctic climate on China and the presence of plastic waste in the Arctic was monitored. At the beginning of the new millennium, China considers the Arctic as the most important region of a geopolitical and geostrategic nature, for its further logistical and economic development.

Keywords: Arctic, China, history of Arctic research, arctic science, Chinese scientific research in the Arctic, scientific expeditions

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Authors: Nancy Michail, Niloufer Selvadurai, Doron Goldbarsht

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This study analyses the development of a central bank digital currency (CBDC) in Australia and the framework being developed to ensure that national security and privacy considerations are appropriately addressed. Through the use of doctrinal methodology, the research closely and critically examines current legislation and regulation on privacy federal laws and the need to comply with anti-money laundering and counter-terrorism financing laws (AML/CTF). It is argued that the introduction of CBDCs may lead to potential tension between the application of AML/CTF laws and the upholding of individuals’ fundamental and legislated rights to privacy; therefore, it emphasises the need for clear delineation of ambits and support between different laws and regulations to ensure they operate within their intended purposes and suggests that the calibration of potential tensions between AML/CTF and privacy laws may be achieved through the innovative application of the proportionality principle.

Keywords: anti-money laundering and counter terrorism financing, central bank digital currency, privacy, proportionality principle

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Authors: Joseph Marzouk Gerais Abdelmalak

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The interface between development and human rights has long been the subject of academic debate. Therefore, to understand the dynamics between the two concepts, a number of principles have been adopted, ranging from the right to development to a human rights-based approach to development. Despite these attempts, the exact connection between development and human rights is not yet fully understood. However, the inherent interdependence between these two concepts and the idea that development efforts should be undertaken with respect for human rights guarantees have gained momentum in recent years. It will then be examined whether the right to sustainable development is recognized.The article therefore concludes that the principles of sustainable development are recognized, directly or indirectly, in various human rights instruments, which represents a positive answer to the question posed above. Therefore, this work discusses international and regional human rights instruments as well as case law and interpretative guidelines from human rights bodies to demonstrate this hypothesis.

Keywords: sustainable development, human rights, the right to development, the human rights-based approach to development, environmental rights, economic development, social sustainability human rights protection, human rights violations, workers’ rights, justice, security

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Authors: Cui Long (Allen)

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The role of the Arctic in world politics and international relations has increased significantly over the past decades. With its large natural resources, the Arctic region has important geopolitical, strategic, and economic significance. All this determines the interest in it not only of the Arctic states but also of states located far from the Arctic. One of these states is the People's Republic of China. Relations between China and Russia in recent decades have been built on the basis of strategic partnership. Joint projects in the Arctic have become the most important priority area of this partnership. These are projects in the transport and energy fields. A large number of works by Russian scientists are devoted to the Sino-Russian Arctic cooperation. Most authors consider cooperation as a guarantee of stability for China and Russia in a globalized world. However, there are authors who believe that there are separate contradictions in the relations between the Arctic and non-Arctic countries. In their opinion, China sometimes acts as a competitor, and its activities become expansionist. In general, according to the Russian authors, Sino-Russian cooperation is mutually beneficial and is under development. China and Russia have a long way to go in the issue of sustainable development of the Arctic.

Keywords: People’s Republic of China, Russian Federation, Arctic, historiography

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Authors: Mina Latif Ghaly Sawiras

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The difference between Islamic terrorism and human-rights has become a big question in the fight against Islamic terrorism globally. This is was raised on the fact that terrorism and human rights are interrelated to the extent that, when the former starts, the latter is violated. This direct linkage was recognized in the Vienna Declaration and Program of Action as adopted by the World Conference on Human Rights in Vienna on 25 June 1993 which agreed that acts of terrorism in all its forms and manifestations are aimed at the destruction of human rights. Hence, Islamic-terrorism constitutes a violation on our most basic human rights. To this end, the first part of this paper will focus on the nexus between terrorism and human rights and endeavors to draw a co-relation between these two concepts. The second part thereafter will analyse the emerging concept of cyber-terrorism and how it takes place. Further, an analysis of cyber counter-terrorism balanced as against human rights will also be undertaken. This will be done through the analysis of the concept of ‘securitization’ of human rights as well as the need to create a balance between counterterrorism efforts as against the protection of human rights at all costs. The paper will then conclude with recommendations on how to balance counter-terrorism and human rights in the modern age.

Keywords: balance, counter-terrorism, cyber-terrorism, human rights, security, violation

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Authors: Rika van Zyl

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South Africa’s racial discrimination past has led to the drafting of the Constitution with the Bill of Rights for the people of South Africa. The Bill of Rights prohibits the state from unfairly discriminating directly or indirectly on certain grounds, one of which is race and another is gender. This has forced changes to the law of succession. The customary law rule of male primogeniture was abolished to ensure that women were not excluded from the intestate succession of the male head of the family in 2005. It was said that this rule cannot be reconciled with the notions of equality and human dignity contained in the Bill of Rights. The freedom of testation has further come under fire in South Africa, where it was found to be unfair discrimination and against public policy to exclude a specific gender (women) from inheriting in a private will. Although no one has the right to inherit in South Africa, any person with an interest can approach the court alleging that a right in the Bill of Rights has been infringed. A will that is found inconsistent with the South African Bill of Rights then cannot be enforced. Recent case law found that to leave out a specific gender (women) from a will, based entirely on the fact that they are of said specific gender, is in contravention of the Constitution and should, therefore, be declared invalid. It was said that the courts should take a transformative constitutional approach when equality rights are affected. Otherwise, the historical and insidious unequal distribution of wealth in South Africa will continue along the fault lines such as gender. This decision has opened the debate on the extent to which the state can interfere with the private autonomy of an individual who is deceased. Some of these arguments will be discussed, including the ambit of public policy in this regard.

Keywords: equality, discrimination, succession, public policy

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Authors: Daniel Suarez Alonso

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Cybercrime is a growing international threat and a challenge for law enforcement agencies and judicial systems worldwide. International cooperation is necessary to solve this problem because cybercrime knows no borders and often involves multiple jurisdictions, being related to organised crime. The purpose of this article is to analyse international cooperation in the investigation and prosecution of cybercrime, focusing on the framework of the Regulation of the European Union Agency for Law Enforcement Cooperation (EUROPOL), cooperation that takes place between police authorities from different countries. It examines the legal and operational mechanisms in place to facilitate international cooperation in Europe in this area and assesses their effectiveness in the fight against cybercrime. In addition, the study of a Spanish investigation where cooperation with EUROPOL took place will be examined, analyzing how international cooperation was carried out to investigate and track down criminals. Lessons learned from this case will be discussed and recommendations for improving international cooperation in the fight against cybercrime will be proposed.

Keywords: Europol, international cooperation, cybercrime, computer crime, law

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Authors: Hamid Vahidkia

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Central to the World Court’s mission is the assurance of universal custom “as prove of a common hone acknowledged as law.” Understudies of the Court’s law have long been mindful that the Court has been superior at applying standard law than characterizing it. However until Nicaragua v. Joined together States, small hurt was done. For within the strongly challenged cases earlier to Nicaragua, the Court overseen to inspire commonalities in factious structure that floated its decisions toward the standard standards certain in state hone. The Court’s need of hypothetical unequivocality basically implied that a career opportunity emerged for a few eyewitnesses like me to endeavor to supply the lost hypothesis of custom.

Keywords: law, international law, jurisdication, customary

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Authors: Sarah Kinyanjui, Mahnaaz Mohamed

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The child justice system in Kenya is organically departing from a managerial and retributive model to one that espouses restorative justice. Notably, the Children Act 2001, and the most recent, Children Act 2022, signalled an aspiration to facilitate meaningful interventions as opposed to ‘processing’ children through the justice system. In this vein, the Children Act 2022 formally recognises diversion and provides modalities for its implementation. This paper interrogates the diversion promise and reflects on the implementation of diversion as envisaged by the 2022 Act. Using restorative justice, labelling and differential association theories as well as the value of care lenses, the paper discusses diversion as a meaningful response to child offending. It further argues that while diversion presents a strong platform for the realisation of the restorative and rehabilitative ideals, in the absence of a well-planned, coordinated, and resourced framework, diversion may remain a mere alternative ‘conveyor belt’. Strategic multi-agency planning, capacity building and cooperation are highlighted as essential minimums for the realisation of the goals of diversion.

Keywords: diversion for child offenders, restorative justice, responsive criminal justice system, children act 2022 kenya

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Authors: Misha Teimouri

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Our world has been transformed by the use of the internet and the constant flow of information. While this transmission has its benefits, it has also added significant challenges to family relations, primarily in the field of parenting and children's digital lives. Screens, speed, and connectedness are the words that characterize the lives of today's digital generation; it's as if the entire world is in their pockets at all times. Parents attempt to regulate and control their children's internet use in the hopes of maximizing the advantages and minimizing the disadvantages of their children's internet use; however, given that children spend more time online, particularly ever since the pandemic, children's cyber-aggression has become an issue for them. Children may externalize their behavior online, bully others, send anger/hatred/resist messages, share violent and bloody content, and engage in sexting. These types of online aggression make parenting more difficult, especially for digital immigrant parents compared to digital native parents. In response to these challenges, this study investigated the level of cyber aggression among children, as well as the effects of digi-parenting (active, monitoring, restrictive, and warm and supportive) on children's cyber-aggression (sexual, verbal, visual) as victims or aggressors. The study also determined whether there were any differences in parenting styles between digital natives (DN) and digital immigrants. In accordance with the study, boys and older children are more likely to engage in cyber aggression as aggressors, whereas girls and younger children are more likely to engage as victims. Warmth and supportive digiparenting have a greater impact on children's cyber-aggression (sexual, verbal, and visual) as victims or aggressors. This study also found that, when compared to DI parents, DN parents are more successful at digi-parenting and reducing their children's exposure to cyber-aggression.

Keywords: digi-parenting, cyber-aggression, digital natives, digital immigrants, children's cyber-aggression (sexual, verbal, visual)

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Authors: Sasha Goodwin

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Sex offenders are often viewed as a homogenous group, but they encompass a diverse range of individuals with varying characteristics and offenses. The principal aim of this study was to ascertain how members of the Australian public perceive and define a sex offender while also investigating the emotional underpinnings associated with these attitudes and definitions. To assess public attitude, this study used the innovative utilization of visual methodologies to assess the public's perception of sex offenders. The study employed the iSquare approach, a visual methodology framework that offers unique viewpoints and insights into public attitudes toward sex offenders. Through the utilization of this approach, this study established an academic foundation for a deeper understanding of the public's perception of sex offenders. The data analysis revealed that most participants associated sex offenders with strong negative emotions, primarily disgust and anger. The findings of this research point towards the potential for fostering a social environment characterized by evidence-based discussions instead of reactionary punitive responses. Promoting a comprehensive understanding of the diverse nature of sexual offenders aims to broaden perceptions, fostering constructive attitudes.

Keywords: visual methodologies, public perception, sex offenders, offender characteristics, emotional attitudes, isquare approach, attitudes

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Authors: Fentie, Belay, Mulat

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In today’s high decrement figure of the global economy, nations are facing many economic, social and political challenges; universally, there is high distress of food and other survival insecurity. Further, as a result of conflict, natural disasters, and leadership influences, youths are existentially less empowered and unemployed, especially in developing countries. With this situation to handle well challenges, it’s important to search, investigate and deliberate about youth, unemployment, empowerment and possible management fashions, as youths have the potential to carry and fight such battles. The method adopted is a qualitative analysis of secondary data sources in youth empowerment, unemployment and development as an inclusive framework. Youth unemployment is a major development headache for most African countries. In Ethiopia, following weak youth empowerment, youth unemployment has increased from time to time, and quality education and organization linkage matter as an important constraint. As a management challenge, although accessibility of quality education for Ethiopian youths is an important constraint, the country's youths are fortified deceptively and harassed in a vicious political challenge in their struggle to fetch social and economic changes in the country. Further, thousands of youths are inactivated, criminalized and lost their lives and this makes youths hopeless anger in their lives and pushes them further to be exposed for addictions, prostitution, violence, and illegitimate migrations. This youth challenge wasn’t only destined for African countries; rather, indeed, it was a global burden and headed as a global agenda. As a resolution, the construction of a healthy education system can create independent youths who acquire success and accelerate development. Developing countries should ensue development in the cultivation of empowerment tools through long and short-term education, implementing policy in action, diminishing wide-ranging gaps of (religion, ethnicity & region), and take high youth population as an opportunity and empower them. Further managing and empowering youths to be involved in decision-making, giving political weight and building a network of organizations to easily access job opportunities are important suggestions to save youths in work, for both increasing their income and the country's food security balance.

Keywords: development, Ethiopia, management, unemployment, youth empowerment

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Authors: Karun Karki

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The Lhotshampa are Bhutanese people of Nepali origin who have been in Bhutan since the early 1600s. A significant number of these people migrated to Bhutan in the nineteenth century. The 1958 Nationality Law of Bhutan granted citizenship to many Lhotshampa people; however, in the late 1970s, the government of Bhutan introduced a series of laws and policies intended for the socio-political and cultural exclusion of the Lhotshampa due to their ancestry. These exclusionary policies and ethnic and racial injustices not only removed the rights and citizenship of the Lhotshampa but also forcibly displaced thousands of families with no choice but to seek refuge in Nepal. In this context, racism becomes a biopolitical tool designed to govern and regulate populations in a way that determines who may live and who must die. The governance and the management of the population, what Stephan Scheel terms as biopolitical bordering, depends on boundaries between residents and non-residents, citizens and non-citizens, and emigrants and immigrants. Drawing on Foucault’s biopolitics and Mbembe’s necropolitics, this paper argues that the concept of racism should be examined within the context of political discourses because it is intertwined with the colonial project, enslavement, and diaspora. This paper critically explores ethnic and racial injustices the Lhotshampa people experienced and the ways in which they negotiated and resisted such injustices in their resettlement processes, including before displacement, in refugee camps, and after the third-country resettlement. Critical examination of these issues helps shed light on the notion of racial difference that justifies dehumanization, discrimination, and racist attitudes against the Lhotshampa people. The study's findings are critical in promoting human rights, social justice, and the health and well-being of the Lhotshampa community in the context of trauma and stressors in their resettlement processes.

Keywords: lhotshampa people, bhutanese refugees, racism, dehumanization, social justice, biopower, necropower

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Authors: Elina Vroblevska, Toms Ratfelders

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This paper examines the impact of international status-seeking aspirations on great power behavior within the international system. In particular, we seek to test the assumption advanced by the proponents of the Social Identity Theory (SIT) that the inability to achieve social mobilization through joining perceived higher-status social groups (of states) leads great powers to adopt the approach of social competition in which they aim to equal or outdo the dominant group in the area on which its claim to superior status rests. Since the dissolution of the Soviet Union, Russia has struggled to be accepted as a great power by the group of Western states that had created the dominant international system order, while the Soviet states were isolated. While the 1990s and the beginning of the 21st century can be characterized by striving to integrate into the existing order, the second decade has seen a rather sharp turn towards creating a new power center for Russia through the realization of ideas of multipolarity rivalry and uniqueness of the state itself. Increasingly, we have seen the Kremlin striving to collaborate and mobilize groups of states that fall outside of the categories of democracy, multiculturalism, and international order, the way that is perceived by the dominant group, which can be described as the West. Instead, Russia builds its own narrative where it creates an alternative understanding of these values, differentiating from the higher-status social group. The Global South, from a Russian perspective, is the group of states that can still be swayed to create an alternative power center in the international system - one where Russia can assert its status as a great power. This is based on a number of reasons, the most important being that the global north is already highly institutionalized in terms of economy (the EU) and defense (NATO), leaving no room for Russia but to integrate within the existing framework. Second, the difference in values and their interpretation - Russia has been adamant, for the last twenty years, on basing its moral code on traditional values like religion, the heterosexual family model, and moral superiority, which contradict the overall secularism of the Global North. And last, the striking difference in understanding of state governance models - with Russia becoming more autocratic over the course of the last 20 years, it has deliberately created distance between itself and democratic states, entering a “gray area” of alternative understanding of democracy which is more relatable to the global South countries. Using computational text analysis of the excerpts of Vladimir Putin’s speeches delivered from 2000-2022 regarding the areas that fall outside the immediate area of interest of Russia (the Global South), we identify 80 topics that relate to the particular component of the great power status - interest to use force globally. These topics are compared across four temporal frames that capture the periods of more and less permissible Western social boundaries. We find that there exists a negative association between such permissiveness and Putin’s emphasis on the “use of force” topics. This lends further support to the Social Identity Theory and contributes to broadening its applicability to explaining the questions related to great power assertiveness in areas outside of their primary focus regions.

Keywords: Russia, Global South, great power, identity

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Authors: Jhabakhar Aryal, Kesh Bahadur Rana, Durga Prasad Neupane

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This research analyzes the nature and impacts of the 2015 unofficial blockade in Nepal, a significant event that triggered an economic and humanitarian crisis. While official channels denied claims of involvement, Nepal perceived the blockade as orchestrated by India due to concerns about the newly adopted constitution and Madheshi infringements. The study adopts a qualitative approach, utilizing semi-structured interviews, document analysis, and content analysis to gather data from various perspectives. Employing a "colonial hangover lens," it investigates if colonial legacies continue to influence postcolonial nation dynamics, focusing on India's potential attempt to exert influence over Nepal. The findings suggest that the 2015 blockade had profound consequences for Nepal, potentially reflecting lingering colonial power dynamics in the region. Despite India's denials, a significant portion of Nepalis perceived the blockade as an act of external pressure. Examining these perceptions offers valuable insights into postcolonial relations and their impact on regional stability. The 2015 unofficial blockade serves as a critical case study in understanding the complex interplay of internal dynamics, external influences, and historical legacies in shaping the geopolitics of the region. This research contributes to a deeper understanding of these factors and their ongoing implications for Nepal and its relationship with India.

Keywords: blockade, unofficial, constitution, Madhesis, India, Nepal, postcolonial, regional stability, geopolitics

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Authors: Mengmeng Xiao

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The study examines the proactive promotion of feminist agendas by states experiencing prolonged one-party dominance, with a specific focus on Japan. Through a case study approach, it explores why leaders of the dominant party, the Liberal Democratic Party (LDP), actively endorse women-friendly initiatives. The findings reveal three primary motivations: 1) the adoption of women-friendly policies for legitimation, 2) the establishment or funding of women’s organizations for co-optation, and 3) the enhancement of women’s economic and employment rights for state-building purposes. These findings bridge theories across the democracy/autocracy spectrum, emphasizing the need to restructure the research framework on state feminism beyond the binary categorization of regime types. Additionally, they underscore the significance of acknowledging the discretion exercised by state officials, providing insights into instances where state feminism may fail in certain democratic contexts.

Keywords: state feminism, feminist policies, national machinery, regime types, political parties, Japan

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Authors: Raghunath Mahabir

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This paper provides an analysis of the existing evidence on the relationships between the migration of Venezuelans into Trinidad and Tobago, violent extremism and gang violence. Arguing that there is a dearth of reliable data on the subject matter, the paper fills the gap by providing relevant definitions of terms used, discusses the sources of data and identifies the causes for this migration and the subsequent ramifications for Trinidad and Tobago and for the migrants themselves. A simple but clear classification pointing to the nexus between migration gang violence and violent extremism is developed, following the logic of migration of criminals(gang members), the need to link with local gangs and the view that certain elements within the TnT society has become radicalized to the point where violent extremism is being displayed in different ways. The paper highlights implications for further policy debate:the imperatives for more effective communication between government officials responsible for migration and those personnel who are tasked with countering violent extremism and gang violence: promoting and executing better integration and social inclusion policies which are necessary to minimize social exclusion, and the threat of violent extremist agendas emanating from both Venezuelans and Trinidadians and generally to establish strong analytical framework grounded in stronger definitions, more reliable data and other evidence which can guide further research and analysis and contribute to policy formation.

Keywords: migration, violent extremism, gangs, Venezuela

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Authors: Hayle Makda Gebru

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Companies are inevitable for society. They are the building blocks of every development in a country aimed at producing continuous goods and services for the people and, in turn, obliged to pay taxes, which enhances the economy of the nation. For the proper functioning of companies, their relationship with their stakeholders must be secure. The major stakeholders are suppliers, consumers, employees, creditors, etc. The law plays an important role in enhancing the relationship between these different stakeholders. If the law fails to keep track of the relationship, both the company and stakeholders remain unprotected. As a result, the potential benefits are prejudiced. This paper makes a comparative analysis of the types and formation of companies under the Transitional Commercial Code of Eritrea and the Company Law of the Peoples Republic of China. In particular, the paper addresses the legal lacuna under the TCrCE on handling the failure of shareholders to pay the promised capital. So, the methodology of the study is entirely analyzing the two countries' laws using practical cases. After analyzing the practical problems on the ground using real cases, this paper calls on Eritrea to update its outdated Commercial Code to give proper protection to the stakeholders.

Keywords: companies, company law of the People's Republic of China, transitional commercial code of Eritrea, protection of stakeholders, failure to pay the promised capital

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Authors: Mulindwa Gerald

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Forced Migration is believed to be the most pressing issue in migration studies today, it therefore makes it of paramount importance that we examine the efficacy of the prevailing laws, treaties, conventions and global policies of refugee management. It suffices to note that the existing policies are vague and ambiguous encouraging the hospitality but not assessing the social economic impact to not only the refugees but also their host communities. The commentary around the Off-shore arrangements like one of UK-Rwanda and the legal implications of the same, make it even more fascinating. These are issues that need to be amplified and captured in the Migration Policies. In Uganda, a small landlocked country in East Africa, there always appeared new faces who were refugees from the Congo and Rwanda the neighboring countries to the West and South West respectively. The refugees would migrate to Uganda with absolutely no idea whatsoever how they were going to meet the daily needs of life, no food, no shelter, no clothing. It interest’s one’s mind to conscientiously interrogate the policy issues surrounding refugee management. The 1951 convention sets a number of obligations to states and the conundrum, faced by citizens of the universe interested in Migration studies is ensuring maximum compliance to these obligations considering the resource challenges. States have a duty to protect refugees in accordance with Article 14 of the Universal Declaration for Human Rights which was adopted by the 1951 convention, these speak to rights like the most important right of refugees known as the Principle of Non-Refoulement, which prohibits expulsion or return of refugees or asylum seekers The International Organization for Migrations projection of the number of migrants globally by 2050 was overwhelmingly surpassed by 2019 due to wars, conflicts that have been experienced in different parts of the globe. This is also due natural calamities and tough economic conditions. It is a descriptive analysis that encompasses a qualitative design research based on a case study involving both desk research and field study. The use of qualitative research approaches like interview guides, document review and direct observation methods helped to bring in the experience, social, behavioral and cultural aspects of the respondents into the study, and since qualitative research uses subjective information and not limited to the rigidly definable variables, thus it helped to explore the research area of the study. it therefore verily believe that this paper is going to trigger perspectives and spark a conversation on this really pressing global issue of refugees and asylum seekers, it is suggesting viable solutions to the management challenges while making recommendations like the ensuring that no refugees or asylum seekers are closed at any borders on the globe for instance a concerted effort of all global players to ensure that refugees are protected efficiently.

Keywords: management, migration, refugees, rights

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Authors: Yaron Katz

Abstract:

The investigation of immigrants' electoral choices has remained relatively uncharted territory despite the fact that numerous nations extend political rights to their expatriates. This paper centers its attention on the matter of public trust in democracy, with a focus on the intricacies of Israeli politics as a divided system. It delves into the potential implications of political and social transformations stemming from the involvement of expatriate voters in elections taking place in their country of origin. In doing so, the article endeavors to explore a pathway for resolving a persistent challenge facing the stability of the Israeli political landscape over the past decade: the difficulty in forming a resilient government that genuinely represents the majority of voters. An examination is conducted into the role played by a demographic with the capacity to exert significant influence on election outcomes, namely, individuals residing outside of Israel. The objective of this research is to delve into this subject, dissecting social developments and political prospects that may shape the country's trajectory in the coming decades. This inquiry is especially pertinent given the extensive engagement of migrants in Israeli politics and the link between Israelis living abroad and their home country. Nevertheless, the study's findings reveal that while former citizens exhibit extensive involvement in Israeli politics and are cognizant of the potential consequences of permitting them to participate in elections, they maintain steadfastly unfavorable views regarding the inclusion of Israelis living overseas in their home country's electoral processes.

Keywords: trust, globalization, policy, democracy

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Authors: Ruwen Pei

Abstract:

In the rapidly evolving landscape of the digital economy, platform employment has emerged as a transformative labor force, fundamentally altering the traditional paradigms of the employer-employee relationship. This paper provides a comprehensive analysis of the unique dynamics and intricate legal challenges associated with platform work, where workers often navigate precarious labor conditions without the robust safety nets typically afforded in traditional industries. It underscores the limitations of current labor regulations, particularly in addressing pressing concerns such as income volatility and disparate benefits. By drawing insights from diverse global case studies, this study emphasizes the compelling need for platform companies to shoulder their social welfare responsibilities, ensuring fair treatment and security for their workers. Moreover, it critically examines the profound influence of socio-cultural factors and educational awareness on the platform economy, shedding light on the complexities of this emerging labor landscape. Advocating for a harmonious equilibrium between flexibility and security, this paper calls for substantial legal reforms and innovative policy initiatives that can adapt to the evolving nature of work in the digital age. Finally, it anticipates forthcoming trends in the digital economy and platform labor relations, underscoring the significance of proactive adaptation to foster equitable and inclusive employment practices.

Keywords: platform employment, labor protections, social welfare, legal reforms, digital economy

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Authors: Mahrukh Shehzadi

Abstract:

Pakistan is a democratic republic but has spent much time under military rulers; after a few years of independence, Pakistan faced three martial laws in 1958, 1969, and 1977, and the latest in 1999 by General Musharraf. The purpose of this thesis is to analyze the politics, policies and overall performance of Pakistan People’s Party Government from 2008-2013. PPP won a significant victory in the elections of 2008. The co-chairman, Mr. Asif Ali Zardari, announced the end of the fourth dictatorship. It was for the first time in Pakistan’s history that an elected government completed its term (2008-2013). While the completion of its term is an achievement, the performance of the democratically-elected government – federal, provincial and local does not inspire much confidence. Poor governance, persistent confrontational relations between the executive and the judiciary, charges of corruption, and the incompetence of the political leadership to build consensus to combat terrorism continue to cast criticisms on the democratic process and the civilian regime’s capability to sustain democracy. In the present study, the researcher will try to describe and explain the public thinking pattern regarding the policies opted for by the PPP-led government and their impact on the people’s minds of Pakistan.

Keywords: democracy, performance, policies, state, manifesto

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Authors: WooJin KANG

Abstract:

Contrary to the ideal, in the cartelized democracy, meritocracy is revealed to be a system that gives arrogance to the winners and humiliation to the losers, and more and more studies are asserting the upper-class bias of meritocracy. However, only some studies have analyzed the determinants of the perception of meritocracy and fairness among young people. This article was an attempt to fill this gap. According to the empirical results of this article, the determinants of fairness of the meritocracy in the youth were multidimensional. The social status model, the political ideology model, and the future prospect model all significantly impacted the perception of meritocracy fairness among young people. Contrary to the predictions of the system justification theory and the compensatory control theory of previous studies, the lower-class youth were critical of meritocracy. In addition, the more negative the future outlook, the less they accepted the fairness of meritocracy. In addition, ideological debates over solutions to inequality of opportunity, which began in earnest during the 20th presidential election, turned out to be a variable that significantly influenced the perception of fairness based on meritocracy among young people. The results of the empirical analysis in this article reaffirmed the multidimensional structure of the youth. This suggests the need for policy responses leading to education tailored to various subgroups within the youth.

Keywords: Meritocracy, Exam-Meritocracy, Fairness, Multiple-inequality

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Authors: Kitty Kioskli, Theofanis Fotis, Nineta Polemi

Abstract:

The European Union (EU) directive Artificial Intelligence (AI) Act in Article 9 requires that risk management of AI systems includes both technical and human oversight, while according to NIST_AI_RFM (Appendix C) and ENISA AI Framework recommendations, claim that further research is needed to understand the current limitations of social threats and human-AI interaction. AI threats within social contexts significantly affect the security and trustworthiness of the AI systems; they are interrelated and trigger technical threats as well. For example, lack of explainability (e.g. the complexity of models can be challenging for stakeholders to grasp) leads to misunderstandings, biases, and erroneous decisions. Which in turn impact the privacy, security, accountability of the AI systems. Based on the NIST four fundamental criteria for explainability it can also classify the explainability threats into four (4) sub-categories: a) Lack of supporting evidence: AI systems must provide supporting evidence or reasons for all their outputs. b) Lack of Understandability: Explanations offered by systems should be comprehensible to individual users. c) Lack of Accuracy: The provided explanation should accurately represent the system's process of generating outputs. d) Out of scope: The system should only function within its designated conditions or when it possesses sufficient confidence in its outputs. Biases may also stem from historical data reflecting undesired behaviors. When present in the data, biases can permeate the models trained on them, thereby influencing the security and trustworthiness of the of AI systems. Social related AI threats are recognized by various initiatives (e.g., EU Ethics Guidelines for Trustworthy AI), standards (e.g. ISO/IEC TR 24368:2022 on AI ethical concerns, ISO/IEC AWI 42105 on guidance for human oversight of AI systems) and EU legislation (e.g. the General Data Protection Regulation 2016/679, the NIS 2 Directive 2022/2555, the Directive on the Resilience of Critical Entities 2022/2557, the EU AI Act, the Cyber Resilience Act). Measuring social threats, estimating the risks to AI systems associated to these threats and mitigating them is a research challenge. In this paper it will present the efforts of two European Commission Projects (FAITH and THEMIS) from the HorizonEurope programme that analyse the social threats by building cyber-social exercises in order to study human behaviour, traits, cognitive ability, personality, attitudes, interests, and other socio-technical profile characteristics. The research in these projects also include the development of measurements and scales (psychometrics) for human-related vulnerabilities that can be used in estimating more realistically the vulnerability severity, enhancing the CVSS4.0 measurement.

Keywords: social threats, artificial Intelligence, mitigation, social experiment

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Authors: Hamid Vahidkia

Abstract:

Purview has customarily been considered in worldwide law as simply an address of the rights and powers of states. Conceived in this way, the rules onward serve the imperative work of delimiting (whereas tolerating a few covers of) state administrative specialist – the address of when an individual or occasion may be subject to national direction – a work which is shared with the cognate teach of private worldwide law. This article proposes that the thought and the rules of locale in worldwide law require reconceptualization in light of three advancements. The primary is the developing acknowledgment that in an extend of circumstances, the work out of national locale may, beneath worldwide law, be an address of duty or commitment instead of right. The moment advancement is the expanded acknowledgment that such jurisdictional obligations may, in a few circumstances, be owed not as it were to other states but also to private parties, especially through the rise and fortifying of the teachings of refusal of equity and get to equity. The third improvement is the broadly perceived wonder known as party independence, beneath which private parties in the gracious debate have the control to bestow locale on national courts and to decide themselves which law administers their connections. In combination, these improvements propose the need to reexamine the concept of ward in worldwide law to reflect the more complex substances of a worldwide lawful arrangement beneath which states possess both jurisdictional rights and commitments and are not the elite on-screen characters.

Keywords: international law, jurisdiction, purview, preconceptions, commitment

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Authors: Hermanus J. Moolman

Abstract:

The COVID-19 pandemic had a severe impact on the society and companies in South Africa. This raises questions about the position of creditors of companies facing financial distress and the actions that directors should take to cater to the interests of creditors. The extent to which directors owe their duties and consideration to creditors has been the subject of debate. The directors of a solvent company owe their duties to the company in favour of its shareholders. When the company becomes insolvent, creditors are the beneficiaries of the directors’ duties. However, the intermittent phase between solvency and insolvency, otherwise referred to as the realm of insolvency, is not accounted for. The purpose of this paper is to determine whether South African company law appropriately addresses the duties that directors owe to creditors and the extent of consideration given to creditors’ interests when the company is in the realm of insolvency and has started business rescue proceedings. A comparative study on South Africa, the United States of America, the United Kingdom and international instruments was employed to achieve the purpose statement. In the United States of America and the United Kingdom, the focus shifts from shareholders to the best interests of creditors when business recue proceedings commence. Such an approach is not aligned with the purpose of the Companies Act of 2008 that calls for a balance of interests of all persons affected by a company’s financial distress and will not be suitable for the South African context. Business rescue in South Africa is relatively new when compared to the practices of the United States of America and the United Kingdom, and the entrepreneurial landscape in South Africa is still evolving. The interests of creditors are not the only interests at risk when a company is financially distressed. It is recommended that an enlightened creditor value approach is adopted for South Africa, where the interests of creditors, albeit paramount, are balanced with those of other stakeholders. This approach optimises a gradual shift in the duties of directors from shareholders to creditors, without disregarding the interests of shareholders.

Keywords: business rescue, shareholders, creditors, financial distress, balance of interests, alternative remedies, company law

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