World Academy of Science, Engineering and Technology
[Law and Political Sciences]
Online ISSN : 1307-6892
1896 How Fascism and Authoritarianism Are Expanding in the USA
Authors: Warner Woodworth
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While the explosion of autocratic governments is growing globally, perhaps nowhere is it more obvious than in the United States since 2015. In that nation, democracy is increasingly caving to extreme Right-wing movements, especially after Donald Trump lost to Joe Biden in the 2020 election. Angered by that rejection, he and his support groups that foster extremism began an all-out assault on freedom, beginning with the attack on the US Capitol itself on January 6, 2021. Since then, following Trump’s two presidential impeachments, 34 felony convictions, 88 impending court cases by the Department of Justice, and crimes by some of his most ardent co-conspirators, the rule of law, traditional political values, and even the Constitution became threatened. Now, since his Nov. 5, 2024, campaign victory, the dark clouds of autocracies loom larger every day. To wit: Appointments to Trump’s cabinet are all extremists promising to eliminate major beneficiary citizen programs such as healthcare, civil rights, education, justice, and a massive move to drive millions of immigrants from the country. The political divide is at its highest extreme since the 1861 Civil War between North and South. Autocratization is manifest daily in fake news media, as well as traditional conspiracy organizations such as politically violent motorcycle gangs, the John Birch Society, Eagle Forum, and Anti-Constitutional Sheriffs and other law enforcement groups. Even worse is the expansion of violent groups such as the Proud Boys, Aryan Nations, Patriot Front, White Nationalists, Stormfront, Oath Keepers, Three Percenters, Ku Klux Klan, Moms for Liberty, American Nazi Party, Operation Homeland, Skinhead organizations, America First, Veterans on Patrol, hundreds of militia groups from coast to coast, and of course, hundreds more under the banner of Trump’s movement, ‘Make America Great Again.’ This paper will draw on the author’s decades of researching these groups and Trump's new authoritarian agenda. Qualitative data will include expert analysis from multiple academic disciplines as Americans, and the larger world seek to understand these dangerous U.S. trends and future prospects. The paper concludes by sharing the prospects of America’s future over the next four years, or longer if Trump’s vow to be a dictator is extended.Keywords: American authoritarianism, trump, fascism, conspiracies, extremism
Procedia PDF Downloads 21895 Author’s Moral Rights in the Copyright Laws of the Baltic States: Comparative Legal Analysis
Authors: Sintija Zalane
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This paper examines the protection and implementation of authors' moral rights in the copyright laws of Latvia, Lithuania, and Estonia, focusing on their legal frameworks in light of the Berne Convention. The analysis highlights how moral rights, such as authorship attribution, integrity of the work, and opposition to derogatory treatment, are upheld in these jurisdictions. The study compares national approaches to posthumous protection of moral rights and their interplay with economic rights. Drawing on legal texts and court decisions, the paper identifies challenges in enforcement and suggests harmonization opportunities to strengthen the moral rights framework across the Baltic region.Keywords: authors’ moral rights, copyright laws, Baltic states, legal frameworks, berne convention, posthumous protection
Procedia PDF Downloads 71894 The Political Economy of Green Trade in the Context of US-China Trade War: A Case Study of US Biofuels and Soybeans
Authors: Tonghua Li
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Under the neoliberal corporate food regime, biofuels are a double-edged sword that exacerbates tensions between national food security and trade in green agricultural products. Biofuels have the potential to help achieve green sustainable development goals, but they threaten food security by exacerbating competition for land and changing global food trade patterns. The U.S.-China trade war complicates this debate. Under the influence of different political and corporate coordination mechanisms in China and the US, trade disputes can have different impacts on sustainable agricultural practices. This paper develops an actor-centred ‘network governance framework’ focusing on trade in soybean and corn-based biofuels to explain how trade wars can change the actions of governmental and non-governmental actors in the context of oligopolistic competition and market concentration in agricultural trade. There is evidence that the US-China trade decoupling exacerbates the conflict between national security, free trade in agriculture, and the realities and needs of green and sustainable energy development. The US government's trade policies reflect concerns about China's relative gains, leading to a loss of trade profits, making it impossible for the parties involved to find a balance between the three objectives and, consequently, to get into a biofuels and soybean industry dilemma. Within the setting of prioritizing national security and strategic interests, the government has replaced the dominant position of large agribusiness in the neoliberal food system, and the goal of environmental sustainability has been marginalized by high politics. In contrast, China faces tensions in the trade war between food security self-sufficiency policy and liberal sustainable trade, but the state-capitalist model ensures policy coordination and coherence in trade diversion and supply chain adjustment. Despite ongoing raw material shortages and technological challenges, China remains committed to playing a role in global environmental governance and promoting green trade objectives.Keywords: food security, green trade, biofuels, soybeans, US-China trade war
Procedia PDF Downloads 51893 Campaign Contributions as Freedom of Expression: A Comparative Study Between the United States and Germany
Authors: Kristof Lukas Heidemann
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In times of democratic backsliding in Western nations restoring public trust in the electoral process ranks among the most urgent tasks on the public agenda. Addressing the role of money in politics is one major part of this effort, however, such an endeavor might affect the constitutional freedom of expression. Attempts to regulate political spending in the U.S. have in recent decades increasingly been overruled by the U.S. Supreme through an expansion of the protective umbrella of the First Amendment over campaign contributions by private organizations, especially in the decisions Buckley v. Valeo and Citizens United v. FEC. In Germany on the other hand this line of argumentation has so far not been submitted to the national Supreme Court. Given that voices calling for stricter and more transparent political financing laws in Germany are growing, it seems only a matter of time until the issue will have to be addressed by the country’s judiciary as well. Therefore, this paper conducts a comparative analysis of the constitutional right to free expression in these two leading democracies in to assess whether the problem of a lack of regulatory options to achieve stricter campaign spending laws due to constitutional restrictions will also arise in Germany. In order to present a comprehensive picture of the subject, the analysis does not only touch upon doctrinal aspects of both systems but also scrutinizes the practical implications from a socio-legal perspective. Although the list of forms of expression in the wording of Art. 5 of the German constitution is generally considered to be non-exhaustive, the investigation concludes that the subsumption of election campaign donations under it is not justifiable using recognized methods of interpretation, in particular concerning a systematic interpretation in light of the principle of equality in Art. 3 of the German constitution.Keywords: comparative constitutional law, constitutional justice, constitutional law, election law, freedom of speech, fundamental rights, law reform
Procedia PDF Downloads 51892 Climate Refugees In International Law – Analyzing The Legal Framework
Authors: Kristof Lukas Heidemann
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The adverse effects of climate change, such as rising sea levels, increased temperatures, and extreme weather events are already posing a significant threat to the lives of people living in extreme weather zones all around the globe and could displace more than a billion people worldwide in the upcoming decades, causing a wave of climate-induced migration. Notwithstanding the urgency of the situation, this situation has so far not been addressed in a specific international treaty. Therefore, this paper analyses whether solutions might be found through existing legal framework. Accordingly, the investigation scrutinizes the possibilities of overcoming the conceptual challenge of combining climate law, refugee law, and human rights law. To this end, the study particularly reflects upon the example of Pacific Islanders by assessing the reasoning within the decisions Ioane Teitota v. New Zealand and Daniel Billy and Others v. Australia. The paper concludes that the differences in objective, scope, and enforcement of the three fields are too fundamental to be surmounted by overlapping concepts, e.g. state responsibility or the non-refoulement principle. Consequently, states are urged to tackle the problem with a separate international treaty in which the advantages of the different traditions are incorporated into a new protection mechanism.Keywords: climate change, climate treaties, forcibly displaced persons, human rights, improving and creating advanced knowledge of concepts, non-refoulement, state responsibility, refugee law, refugee status
Procedia PDF Downloads 41891 Typologies of Democratic Innovation Proposals - A Critical Literature Review
Authors: Kristof Lukas Heidemann
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In response to the present-day worldwide regression in the prevalence and vitality of contemporary democratic systems proponents of democracy have made several proposals to reverse this global trajectory through constitutional law reforms, creating the democratic innovations discourse. This critical review analyzes the different typologies that have been put forward to systematize the suggested democratic innovations and argues that the typologies all either omit some existing proposals or include overlapping types. Therefore, the review endorses possible adaptations regarding the more comprehensive typologies and gives recommendations for further research.Keywords: citizen participation, constitutional law, deliberative democracy, democracy, democratic innovations, law and legislation, law reform, literature review
Procedia PDF Downloads 41890 Enhancing the Effectiveness of Witness Examination through Deposition System in Korean Criminal Trials: Insights from the U.S. Evidence Discovery Process
Authors: Qi Wang
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With the expansion of trial-centered principles, the importance of witness examination in Korean criminal proceedings has been increasingly emphasized. However, several practical challenges have emerged in courtroom examinations, including concerns about witnesses’ memory deterioration due to prolonged trial periods, the possibility of inaccurate testimony due to courtroom anxiety and tension, risks of testimony retraction, and witnesses’ refusal to appear. These issues have led to a decline in the effective utilization of witness testimony. This study analyzes the deposition system, which is widely used in the U.S. evidence discovery process, and examines its potential implementation within the Korean criminal procedure framework. Furthermore, it explores the scope of application, procedural design, and measures to prevent potential abuse if the system were to be adopted. Under the adversarial litigation structure that has evolved through several amendments to the Criminal Procedure Act, the deposition system, although conducted pre-trial, serves as a preliminary procedure to facilitate efficient and effective witness examination during trial. This system not only aligns with the goal of discovering substantive truth but also upholds the practical ideals of trial-centered principles while promoting judicial economy. Furthermore, with the legal foundation established by Article 266 of the Criminal Procedure Act and related provisions, this study concludes that the implementation of the deposition system is both feasible and appropriate for the Korean criminal justice system. The specific functions of depositions include providing case-related information to refresh witnesses’ memory as a preliminary to courtroom examination, pre-reviewing existing statement documents to enhance trial efficiency, and conducting preliminary examinations on key issues and anticipated questions. The subsequent courtroom witness examination focuses on verifying testimony through public and cross-examination, identifying and analyzing contradictions in testimony, and conducting double verification of testimony credibility under judicial supervision. Regarding operational aspects, both prosecution and defense may request depositions, subject to court approval. The deposition process involves video or audio recording, complete documentation by court reporters, and the preparation of transcripts, with copies provided to all parties and the original included in court records. The admissibility of deposition transcripts is recognized under Article 311 of the Criminal Procedure Act. Given prosecutors’ advantageous position in evidence collection, which may lead to indifference or avoidance of depositions, the study emphasizes the need to reinforce prosecutors’ public interest status and objective duties. Additionally, it recommends strengthening pre-employment ethics education and post-violation disciplinary measures for prosecutors.Keywords: witness examination, deposition system, Korean criminal procedure, evidence discovery, trial-centered principle
Procedia PDF Downloads 51889 Russian Law Enforcement Moonlighting Enterprise and Corruption after 2009 Police reform
Authors: Serguei Cheloukhine
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This study examines corrupting and moonlighting enterprise among Russian law enforcement (Police) since the 2009 Police Reform (hereto forward referred to as Reform). This research is based on the survey of about two dozen police officers in Russia’s regions. In addition, we analyzed statistics on crime, policing and socio-economic situation in Russian regions. Congruently, some data on the police officer’s off-duty activities was collected from the Internet sites. These Reforms sought to curb corruption at all levels of the Russian civil service and among uniformed law enforcement (Police) personnel. Many thought that the rebranding of the Militsiya as ‘Politsiya’ (Police) would have a transformational effect, both within the organization as well as how others perceived it. Ultimately, the rebranding effort failed; the only actual changes were the organization’s name and its personnel's uniforms. In fact, the Reforms seems to have contributed to even more corruption and abuse of power, as well an expansion of Law Enforcement’s ties to Corrupt Networks.Keywords: bribery, corruption, moonlighting, police reform, Russia
Procedia PDF Downloads 51888 Out of Order: The Rise of Stop and Search in Civil Orders Legislation
Authors: Jodie Bradshaw, Rebecca Dooley, Habib Kadiri, Holly Bird, Aaliyah Felix-West, Udit Mahalingam, Ella Thomson
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The sharp rise of civil orders has led to an expansion of police powers, particularly in the realm of stop and search activities. The broad scope and objectives of these civil orders –addressing issues as varied as public safety, crime prevention, and counter-terrorism – has led to ‘mission-creep’, whereby orders were being imposed in a wider range of contexts than initially intended. The ever-widening purview of civil orders in practice necessitates proactive measures by law enforcement which often rely heavily on the utilisation of stop and search, leading to an expansion of stop and search practices and the regulation of public space. Civil liberties organisations, criminal justice and legal practitioners, activist groups, and researchers have argued that civil orders dilute and undermine foundational legal principles, pose a threat to our basic rights and freedoms, facilitate dangerous criminal justice net-widening, and disproportionately target young, working-class people of colour. Many of the provisions in these orders are potentially incompatible with the right to liberty and security. The conditions of an order (whether negative restrictions or positive obligations) tend to be extremely easy to breach –and in some cases, almost impossible for the person subject to the order not to breach. When the conditions of an order are breached, the result is criminal punishment – often in the form of imprisonment. This paper argues that civil orders set people up to fail, sending them down a path towards incarceration and the ultimate deprivation of liberty. The proclaimed intentions underpinning these civil orders – to tackle purportedly ‘undesirable’ behaviour (which in and of itself is not a crime) committed by ‘undesirable’ people – paves the way for justifying violent and racially disproportionate policing practices.Keywords: civil orders, policing, stop and search, crime, civil liberties, criminal punishment, anti-social behaviour
Procedia PDF Downloads 11887 Dual Challenges in Host State Regulation on Transnational Corporate Damages: China's Dilemma and Breakthrough
Authors: Xinchao Liu
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Regulating environmental and human rights damages caused by transnational corporations in host States is a core issue in the business and human rights discourse. In current regulatory practices, host States, which are territorially based and should bear primary regulation responsibility, face dual challenges at both domestic and international levels, leading to their continued marginalization. Specifically, host States as TNC damage regulators are constrained domestically by territorial jurisdiction limitations and internationally by the neoliberal international economic order exemplified by investment protection mechanisms. Taking China as a sample, it currently lacks a comprehensive regulation system to address TNC damages; while domestic constraints manifest as the marginalization of judicial regulation, the absence of corporate duty of care, and inadequate extraterritorial regulation effectiveness, international constraints are reflected in the absence of foreign investor obligations in investment agreements and the asymmetry of dispute resolution clauses, challenging regulatory sovereignty. As China continues to advance its policy of high-quality opening up, the risks of negative externalities from transnational capital will continue to increase, necessitating a focus on building and perfecting a regulation mechanism for TNC damages within the framework of international law. To address domestic constraints, it is essential to clarify the division of regulation responsibilities between judicial and administrative bodies, promote the normalization of judicial regulation, and enhance judicial oversight of governmental settlements. Improving the choice of law rules for cross-border torts and the standards for parent company liability for omissions, and enhancing extraterritorial judicial effectiveness through transnational judicial dialogue and cooperation mechanisms are also crucial. To counteract international constraints, specifying investor obligations in investment treaties and designing symmetrical dispute resolution clauses are indispensable to eliminate regulatory chill. Additionally, actively advancing the implementation of TNC obligations in business and human rights treaty negotiations will lay an international legal foundation for the regulation sovereignty of host States.Keywords: transnational corporate damages, home state litigation, optimization limit, investor-state dispute settlement
Procedia PDF Downloads 71886 Ideology versus Faith in the Collective Political Identity Formation: An Analysis of the Thoughts of Iqbal and Jinnah-The Founding Fathers of Pakistan
Authors: Muhammad Sajjad-ur-Rehman
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Pakistan was meant to be a progressive modern Muslim nation state since its inception in 1947. Its birth was a big hope for the Muslims of Sub-continent to transform their societies on Islamic lines—the promise which made them unite and vote for Pakistan during independence movement. This was the vision put forwarded by Allama Iqbal and Muhammad Ali Jinnah—the two founding fathers of Pakistan. Dwelling on interpretive/ analytical approach, this paper analyzes the thoughts and reflections of Iqbal and Jinnah to understand the issues of collective identity formation in Pakistan. It argues that there may be traced two distinct identity models in the thoughts and reflections of these two leading figures of Pakistan movement: First may be called as ‘faith-based identity model’ while the other may be named as ‘interests-based identity model’. These can also be entitled as ‘Islam-as-faith model’ and ‘Islam-as-ideology model’. Former seeks the diffusion of power by cultural/ faith based means and thus society remains independent in determining its change. While the later goes on to open and expand the power realm by maximizing the role of state in determining the social change. With the help of these models, it can better be explained that what made Pakistani society fail in the collective political identity construction, hindering thus the political potential of the society to be utilized for initiating state formation and societal growth. As a result, today, we see a state that is often rebelled and resisted on the name of ethnicity, religion and sectarianism on one hand and by the ordinary folk when and wherever possible.Keywords: idealogy, Iqbal, Jinnah, identity
Procedia PDF Downloads 61885 Echoes of Injustice: A Study of Human Rights Violations Against Indigenous Peoples in Bukidnon
Authors: Atty. James M. Violon, Atty. Sherrymae O. Velos
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This groundbreaking study unveils the enduring human rights violations experienced by Indigenous peoples in Valencia City, Bukidnon, with a particular focus on the Bukidnon, Higaonon, Talaandig, Manobo, Matigsalug, Tigwahanon, and Umayamnon tribes. Through a robust qualitative approach incorporating in-depth interviews and oral histories, the research captures the profound impacts of land grabbing, forced displacement, and cultural erosion on these communities. By illuminating the historical injustices intertwined with contemporary government policies that prioritize corporate interests, the study reveals a stark reality: these violations have precipitated not only the loss of livelihoods but also the marginalization and disintegration of Indigenous identities. This research stands out by advocating for urgent reforms, calling for more comprehensive legal frameworks and inclusive decision-making processes that genuinely reflect the needs and rights of Indigenous communities. Moreover, the study emphasizes the necessity of public awareness campaigns to safeguard these marginalized groups' rights and dignity. Its findings contribute significantly to the discourse on social justice, advocating for policies that protect ancestral lands and empower communities to pursue sustainable development that honors Indigenous cultures. This work serves as a crucial call to action, highlighting the importance of respecting and uplifting the voices of Indigenous peoples in Bukidnon.Keywords: indigenous peoples, human rights, land grabbing, Bukidnon, cultural erosion
Procedia PDF Downloads 71884 The Nature and Impact of Trojan Horses in Cybersecurity
Authors: Mehrab Faraghti
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Trojan horses, a form of malware masquerading as legitimate software, pose significant cybersecurity threats. These malicious programs exploit user trust, infiltrate systems, and can lead to data breaches, financial loss, and compromised privacy. This paper explores the mechanisms through which Trojan horses operate, including delivery methods such as phishing and software vulnerabilities. It categorizes various types of Trojan horses and their specific impacts on individuals and organizations. Additionally, the research highlights the evolution of Trojan threats and the importance of user awareness and proactive security measures. By analyzing case studies of notable Trojan attacks, this study identifies common vulnerabilities that can be exploited and offers insights into effective countermeasures, including behavioral analysis, anomaly detection, and robust incident response strategies. The findings emphasize the need for comprehensive cybersecurity education and the implementation of advanced security protocols to mitigate the risks associated with Trojan horses.Keywords: Trojan horses, cybersecurity, malware, data breach
Procedia PDF Downloads 81883 The Effect of Regulation and Investment in Sustainable Practices on Environmental Performance and Consumer Trust: a Time Series Analysis of the Dominant Companies within the Energy Sector
Authors: Sempiga Olivier, Dominika Latusek-Jurczak
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Climate change has allegedly been attributed to a high consumption of fossil fuels, leading to severe environmental problems. The energy sector has been among the most polluting sectors for many decades. Consequently, there is a lack of trust in several energy firms, especially those in fossil fuels and nuclear energy. A robust regulatory framework is needed, and more investment in renewable energy sources is paramount for a better environmental outcome. Given the significant environmental impact of energy production and consumption in the energy sector, sustainable marketing practices have become increasingly important. Although the latter has had the lion’s share in polluting the environment, much effort has been made recently to move away from fossil fuels and privilege renewable energy sources. How this shift would help rebuild trust in the energy industry is unclear. For the shift to have lasting effects, it may be essential that regulatory agencies examine how energy firms engage in sustainable investment. There is little empirical evidence on whether adopting regulating marketing practices and investment initiatives can help different organizations reduce their environmental impact and promote sustainable development. Little is known about how and whether the environmental value in firms goes beyond rhetoric, greenwashing and publicity to translate into economic gains and environmental performance. The study investigates how regulatory agencies can help energy firms invest sustainably and take sustainable initiatives even amid the energy crisis caused by the Russia-Ukraine conflict and how these sustainable practices relate to renewed consumer trust. Using data from Corporate Knights, the study, through time series, analyses the relationship between sustainable regulation, sustainable practices of energy firms from around the world and their relation to consumer trust and environmental performance over the past 20 years. It examines how their sustainable investment, energy, and carbon productivity relate to environmental sustainability and consumer trust. This longitudinal study provides empirical evidence of the interplay between regulation, trust and environmental performance. The research is grounded in institutional trust theory, which emphasizes the role of regulatory frameworks and organizational practices in shaping public perceptions of fairness, transparency, and legitimacy. Results show that organizations in the energy sector, supported by robust regulatory tools, can overcome the negative image of polluters and compete with other companies in the fight against climate change and global warming. However, to do so, energy firms should consider investing more in renewable energy sources and implementing sustainable strategies and practices that go beyond greenwashing to improve their environmental performance, thereby rebuilding consumer trust in the energy sector. Results allow regulatory regimes and organizations to learn why it is crucial for energy firms to invest in renewable energy sources and engage in various sustainable initiatives and practices to contribute to better environmental outcomes and higher levels of trust.Keywords: consumer trust, energy, environmental performance, regulation, renewable energy sources, sustainable practices
Procedia PDF Downloads 91882 The Impact of Regulation of Energy Prices on Public Trust in Europe during Energy Crisis: A Cross-Sectional Study in the Aftermath of the Russia-Ukraine Conflict
Authors: Sempiga Olivier, Dominika Latusek-Jurczak
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The conflict in Ukraine has had far-reaching economic consequences, not only for the countries directly involved in it but also for their trading partners and allies, and on the global economy in general. Different European Union (EU) countries, being some of Ukraine and Russia's major trading partners, have also felt the impact of the conflict on their economy. In a special way, the energy sector has suffered the most due to the fact that Russia is a huge exporter of gas and other energy sources on which rely European countries. Energy is a locomotive of the economy and once energy prices skyrocket there is a spill over effects in other areas causing different commodities’ prices to rise thereby affecting people’s social economic lifestyles. To minimise the impact energy crisis’ socio-political and economic consequences, the EU and countries have tightened their regulatory mechanisms to stop some energy firms exploit the crisis at the expense of the vulnerable mass. The key question is to what extent these regulatory instruments put in place during the energy crisis times have an affect on citizen trust in the governing institutions. The question is of paramount importance after years of declining trust in the EU and in most countries in Europe. Earlier research have analysed how wars or global political risks relate to citizen trust in government and organizations but very few empirical research have examined the relationship between regulatory instruments during the time of crisis on citizen trust in government and institutions. Using data from INSEE (the French National Institute of Statistics and Economic Studies) and European Social Survey (ESS), it carry out a multilinear regression analysis and investigate the impact of regulation both from the EU and different countries on energy prices on citizen trust. To understand the dynamics between regulatory actions during crises and citizen trust, this study draws on the theoretical framework of institutional trust and regulatory legitimacy. Institutional trust theory posits that citizens’ trust in government and institutions is influenced by perceptions of fairness, transparency, and efficacy in governance. Regulatory legitimacy, a related concept, suggests that regulatory measures, especially in response to crises, are more effective when perceived as just, necessary, and in the public interest. Results of this cross sectional study show that regulatory frameworks strongly affect the levels of trust, the association varying from strong to moderate depending on countries and period. This study contributes to the understanding of the vital relationship between regulatory measures implemented during crises and citizen trust in government institutions. By identifying the conditions under which trust is fostered or eroded, the findings provide policymakers with valuable insights into effective strategies for enhancing public confidence, ultimately guiding interventions that can mitigate the socio-political impacts of future energy crises.Keywords: energy crisis, price, regulation, russia-Ukraine conflict, trust
Procedia PDF Downloads 81881 Deciding on Customary International Law: The ICJ's Approach Using Induction, Deduction, and Assertion
Authors: Maryam Nimehforush, Hamid Vahidkia
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The International Court of Justice, as well as international law in general, may not excel in methodology. In contrast to how it interprets treaties, the Court rarely explains how it determines the existence, content, and scope of customary international law rules it uses. The Court's jurisprudence only mentions the inductive and deductive methods of law determination sporadically. Both the Court and legal literature have not extensively discussed their approach to determining customary international law. Surprisingly, the question of the Court's methodology has not garnered much attention despite the fact that interpreting and shaping the law have always been intertwined. This article seeks to redirect focus to the method used by the Court in deciding the customs of international law it enforces, emphasizing the importance of methodology in the evolution of customary international law. The text begins by giving explanations for the concepts of ‘induction’ and ‘deduction’ and explores how the Court utilizes them. It later examines when the Court employs inductive and deductive reasoning, the varied types and purposes of deduction, and the connection between the two approaches. The text questions the different concepts of inductive and deductive tradition and proves that the primary approach utilized by the Court is not induction or deduction but instead, assertion.Keywords: ICJ, law, international, induction, deduction, assertion
Procedia PDF Downloads 91880 Revolution through Rhythm: Anti Caste and Subaltern Dimensions in Indian Rap
Authors: Nithin Raj Adithyan
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Rap music is a popular genre that features strong beats and rhythmic words. It was created by American disc jockeys and urban Black performers in the late 1970s. Additionally, it carries on West African oral traditions that were introduced to the Americas by Africans who were held as slaves and have impacted the narrative and rhythmic components of rap. Initially introduced in India in the late 1990s as mere entertainment, rap lacked the politicized undertones that it developed in the United States. However, recent years have witnessed a transformation, with Indian rap evolving into a vital tool for marginalized communities—particularly Dalits, Muslims, and tribal groups—to voice grievances against historical injustices, systemic discrimination, and caste-based oppression. This paper examines Indian rap's evolution into a potent medium for subaltern resistance, drawing from its origins in the black ghettos of America, where rap emerged as social commentary and an anti-racial political voice. Historically, music has served as an essential medium for subaltern groups in India to assert their identities and reclaim agency. Indian rap, in its current form, amplifies this function by offering a compelling platform to address issues of caste oppression, socio-economic marginalization, and symbolic exclusion. This paper examines how contemporary Indian rappers, often from Dalit and lower-caste backgrounds, leverage their art to confront systemic injustices and amplify voices that have historically been silenced. By analyzing key artists and their lyrics, this paper highlights the ways in which rap critiques the pervasive caste system, challenges social hierarchies, and fosters a sense of identity and solidarity among subaltern groups. This study uses Gayatri Spivak’s concept of “strategic essentialism” to explore how Indian rap fosters shared subaltern identity, uniting voices across regional and cultural divides. By situating Indian rap within the global hip-hop movement, the paper highlights how it contributes a unique perspective to global narratives of resilience and resistance, adapting international influences to articulate local struggles. Ultimately, this research highlights Indian rap’s role as a catalyst for change, examining its critique of caste violence, economic marginalization, and social exclusion and demonstrating how it contributes to the anti-caste movement. Through a close reading of this subaltern dimension of rap, the paper illuminates how Indian rap fosters identity, solidarity, and resistance, affirming the genre’s potential as a transformative force within the global legacy of hip-hop as an expression of subaltern agency and social dissent.Keywords: caste oppression, hip-hop/rap, resistance, subaltern
Procedia PDF Downloads 91879 Soft Power Contestation in South Asia: Analyzing Bollywood and Chinese Cinema as Strategic Tools in the India-China Rivalry and Their Impact on Cultural Diplomacy and Regional Identity
Authors: Julia Mathew
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This paper explores the use of Bollywood and Chinese movies as soft power instruments within the larger context of India-China contention in South Asia. As India and China compete for influence in South Asia, they have increasingly relied on cultural diplomacy, using cinema to change perceptions, promote goodwill, and build cultural linkages. Bollywood, with its long-standing popularity and cultural resonance, has been a powerful instrument for projecting Indian ideals and identity throughout South Asia. In contrast, China has made concerted attempts in recent years to promote its own films, showing Chinese culture and values in a positive manner to offset Bollywood’s effect. This study examines the ways in which Chinese and Bollywood films influence public opinion and appeal to South Asian audiences while also supporting their respective countries’ soft power goals. To learn about this, we take a mixed-methods approach that incorporates content analysis of popular Bollywood and Chinese films released in South Asia, focussing on issues such as cultural identity, nationalism, and social values. In addition, we use sentiment analysis and surveys to map how these two cinematic traditions are received in various South Asian countries. This study takes into account government activities and cultural policies that promote each country’s cinema industry as a diplomatic instrument. The present study uses case studies from Nepal, Sri Lanka, Bangladesh, and Bhutan to demonstrate the subtle ways in which Bollywood and Chinese movies influence regional attitudes. For example, in Nepal and Bangladesh, Bollywood’s deep cultural ties have historically given India an advantage, but China’s growing economic relations and media presence have presented Chinese cinema as an alternative cultural influence. In contrast, Sri Lanka exemplifies a complicated relationship in which Bollywood’s cultural attraction is strong, but Chinese state-backed media diplomacy is making inroads, altering the cultural landscape. Due to limited cultural interchange and Bhutan’s historical alignment with India, Chinese cinema has a small presence in the country. The findings highlight cinema’s significance as a soft power tool in India and China’s regional ambitions. Bollywood’s emotional resonance and cultural familiarity have long bolstered India’s prominence, but Chinese cinema’s expansion reflects China’s desire to shift cultural narratives in its favour. This paper closes by presenting insights into the broader implications of cultural diplomacy within the India-China competition, arguing that as India and China continue to compete for influence in South Asia, film will play an increasingly crucial role in defining the soft power environment.Keywords: soft power, China, India, Bollywood, Chinese cinema
Procedia PDF Downloads 101878 Addressing Sustainable Development Goals in Palestine: Conflict, Sustainability, and Human Rights
Authors: Nowfiya Humayoon
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The Sustainable Development Goals were launched by the UNO in 2015 as a global initiative aimed at eradicating poverty, safeguarding the environment, and promoting peace and prosperity with the target year of 2030. SDGs are vital for achieving global peace, prosperity, and sustainability. Like all nations of the world, these goals are crucial to Palestine but challenging due to the ongoing crisis. Effective action toward achieving each Sustainable Development Goals (SDGs) in Palestine has been severely challenged due to political instability, limited access to resources, International Aid Constraints, Economic blockade, etc., right from the beginning. In the context of the ongoing conflict, there are severe violations of international humanitarian law, which include targeting civilians, using excessive force, and blocking humanitarian aid, which has led to significant civilian casualties, sufferings, and deaths. Therefore, addressing the Sustainable Development Goals is imperative in ensuring human rights, combating violations and fostering sustainability. Methodology: The study adopts a historical, analytical and quantitative approach to evaluate the impact of the ongoing conflict on SDGs in Palestine, with a focus on sustainability and human rights. It examines historical documents, reports of international organizations and regional organizations, recent journal and newspaper articles, and other relevant literature to trace the evolution and the on-ground realities of the conflict and its effects. Quantitative data are collected by analyzing statistical reports from government agencies, non-governmental organizations (NGOs) and international bodies. Databases from World Bank, United Nations and World Health Organizations are utilized. Various health and economic indicators on mortality rates, infant mortality rates and income levels are also gathered. Major Findings: The study reveals profound challenges in achieving the Sustainable Development Goals (SDGs) in Palestine, which include economic blockades and restricted access to resources that have left a substantial portion of the population living below the poverty line, overburdened healthcare facilities struggling to cope with the demands, shortages of medical supplies, disrupted educational systems, with many schools destroyed or repurposed, and children facing significant barriers to accessing quality education, damaged infrastructure, restricted access to clean water and sanitation services and limited access to reliable energy sources . Conclusion: The ongoing crisis in Palestine has drastically affected progress towards the Sustainable Development Goals (SDGs), causing innumerable crises. Violations of international humanitarian law have caused substantial suffering and loss of life. Immediate and coordinated global action and efforts are crucial in addressing these challenges in order to uphold humanitarian values and promote sustainable development in the region.Keywords: genocide, human rights, occupation, sustainable development goals
Procedia PDF Downloads 121877 The Balancing Act: India and Maldives in the Quest for Regional Prosperity
Authors: Arya S. S.
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India is one of the powerful country in the world .India and Maldives having common interests in regional security and economic growth, this relationship has seen substantial change in recent years. This paper examines the complex dynamics of this bilateral relationship, emphasizing the careful balancing act that both countries perform in order to advance regional prosperity. It looks at historical connections, geopolitical factors, and current issues like economic cooperation, climate change, and marine security. The study highlights how India's involvement in the Maldives contributes to both bilateral ties and regional stability by examining important initiatives including trade agreements and infrastructure projects. It also discusses the effects of outside factors and the necessity for both nations to strategically manage their interests. In order to contribute to a more affluent and stable Indian Ocean area, this study ultimately seeks to shed light on how India and the Maldives may cooperate to promote sustainable development while tackling security issues. The India Maldives relation is very crucial in the regional stability of Indian ocean region. The initiatives like building infrastructure, giving financial support, and establishing the India-Maldives Friendship Bridge demonstrate India's dedication to Maldivian prosperity. In addition to boosting the Maldives' economy, these investments strengthen India's clout in the area, which is essential for preserving its maritime security interests in the face of growing Chinese dominance. Both India and China involved in a strategic tug of war in order to enhance their dominance in Maldives. There are difficulties with this collaboration including, political unrest in the Maldives has occasionally resulted in changes to foreign policy, particularly under regimes that support stronger ties with China. India has expressed concern about losing strategic footholds in the Indian Ocean as a result of China's extension of influence through debt diplomacy and infrastructure projects. India must therefore strike a balance between advancing its objectives and upholding Maldivian sovereignty as well as the goals of its people and government. In summary, the partnership between India and the Maldives is a complex balancing act that is marked by cultural links, security cooperation, and economic dependency. Both countries must negotiate the complexity of international relations as they work for regional prosperity, especially in light of both internal and external factors. India and the Maldives can strengthen their positions as key actors in the changing dynamics of the Indian Ocean by promoting cooperation and communication. This would not only protect their particular interests but also help create a stable and prosperous South Asian region.Keywords: regional security, balancing act, debt trap diplomacy, strategic tug of war
Procedia PDF Downloads 151876 Global Legislation on Contagious Illnesses
Authors: Hamid Vahidkia
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The International Health Regulations (IHR), the sole worldwide regulations for managing infectious diseases, have remained largely unchanged since their initial release in 1951. The WHO is currently involved in updating the IHR. This article evaluates WHO's updated IHR draft and suggests enhancements to enhance global health, such as a strong focus on the organization's fundamental public health goals, activities, and crucial services; wide-reaching coverage for various health risks; establishing global monitoring through official and unofficial data networks; setting benchmarks for national public health systems, evaluating results, and ensuring accountability from countries; safeguarding human rights by implementing evidence-based guidelines and just processes; and promoting good governance by embracing fairness, impartiality, and openness. The World Health Organization needs to guarantee that countries follow health regulations and provide ample economic and technical support to less privileged nations. A crucial concern for the global community is how independent nations can collaborate to ensure that global health benefits all individuals, regardless of their economic status.Keywords: IHR, law, health, international, WHO
Procedia PDF Downloads 71875 The Impact of Human Rights Legislations and Evolution
Authors: Emad Eid Nemr Danyal
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the problem of respect for human rights in Southeast Asia has come to be a prime problem and is attracting the attention of the worldwide community. basically, the affiliation of Southeast Asian international locations (ASEAN) made human rights one in every of its fundamental problems and in the ASEAN constitution in 2008. in the end, the Intergovernmental fee on Human Rights ASEAN Human Rights (AICHR) changed into mounted. AICHR is the Southeast Asia Human Rights Enforcement fee charged with the responsibilities, capabilities and powers to sell and defend human rights. but, at the quit of 2016, the protective function assigned to the AICHR turned into no longer but fulfilled. that is shown through numerous cases of human rights violations which are still ongoing and have now not but been solved. One case that has lately come to mild is human rights violations in opposition to the Rohingya human beings in Myanmar. the use of a prison-normative technique, the take a look at examines the urgency of setting up a human rights tribunal in Southeast Asia able to making a decision binding on ASEAN members or responsible events. facts suggests ASEAN desires regional courts to cope with human rights abuses inside the ASEAN area. in addition, the observe additionally highlights 3 essential elements that ASEAN must recall when setting up a human rights tribunal, specifically: quantity. a full-size distinction in terms of democracy and human rights development most of the individuals, a regular implementation of the precept of non-interference and the economic difficulty of the continuation of the court.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
Procedia PDF Downloads 121874 The Political Philosophy of Sikhism as a Resistance to Autocratic Regimes
Authors: Vishavjeet Singh Goraya, Bashir Ahmed Dar
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Sikhism is one of the youngest religions which came into existence only 550 years ago with Guru Nanak Dev. Guru Nanak and his successors not only gave religious sermons but also made bold commentaries on the politico-social situations of their times. Sikhism has consistently stood against autocratic regimes and societal polarization. The Sikh Gurus envisioned a political system based on equality, brotherhood, freedom of conscience, justice, and secularism where there was no discrimination and human rights of all were protected. The Sikh Gurus visualized a society based on an amalgamation of politics and religion without compromising morality and resisting any form of oppression and tyranny. The fifth guru of the Sikhs, Guru Arjan Dev, compiled the verses of his predecessors and many other saints belonging to different religions and castes in the form of Adi Granth, highlighting the egalitarian and secular foundations of Sikhism. Later tenth guru, Guru Gobind Singh, gave a concrete shape to the concepts of the earlier gurus written in Adi Granth and created an openly political and sovereign community known as Khalsa Panth with a distinct identity. This paper will use the qualitative historical approach to highlight Sikhism’s enduring commitment to fight oppression and tyranny, and it also examines how Sikhism offers solutions to contemporary issues of authoritarianism and polarization.Keywords: sikhism, Gurus, political thought, equality, scriptures
Procedia PDF Downloads 121873 Legal Regulations for the Environmental Pollution of Multinational Corporations in China
Authors: Zhang Rui
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Multinational corporations have significantly increased their investment in China due to their strong economic strength and advanced production technology. On the one hand, this has promoted the development of China's economy, created a large amount of tax revenue for China's finance, and brought huge economic benefits to China's economic development. On the other hand, it has also consumed huge resources in China and even caused serious environmental damage, which has attracted widespread attention from all sectors of society to the environmental violations committed by multinational corporations in China. Due to the incomplete legal regulation of environmental responsibility of multinational corporations in China, there are legal gaps that provide convenient conditions for them to transfer pollution. These multinational corporations in China will take advantage of the loopholes in Chinese laws and even achieve "zero pollution" in their home country's environmental protection, but their branches in China only meet the minimum standards stipulated by Chinese environmental protection laws. Therefore, the differential treatment of environmental protection by multinational corporations urgently needs to be regulated from a legal perspective in China to promote the balance and harmony between ecological environment protection and economic development. At present, the environmental pollution caused by multinational corporations in China has received widespread attention from Chinese scholars. Through research on the environmental pollution and legal aspects of multinational corporations in China, it not only helps to enrich the theoretical research results of environmental pollution and legal regulation of multinational corporations in China, but also promotes the continuous improvement of the relevant legal system for environmental pollution caused by multinational corporations in China, so as to effectively regulate the environmental pollution caused by multinational corporations in China in practice, and provide legal basis for the governance of environmental violations.Keywords: international law, environmental law, multinational corporations, jurisdiction
Procedia PDF Downloads 151872 Bangladesh’s July Revolution: Analyzing the 2024 Movement for Free Speech and Democracy
Authors: Abu Bakar Siddik
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The July Movement in Bangladesh marked a pivotal moment in the nation’s struggle for democratic freedom and the right to free speech. This movement, driven by citizens, intellectuals, and activists, opposed authoritarian governance and the violation of civil liberties. By encouraging support for democratic reforms, it significantly changed the political landscape and highlighted the importance of grassroots activism for human rights. This essay examines the sociopolitical dynamics of the July Movement and its roots in popular resistance to authoritarian rule. It explores the movement's beginnings, emphasizing how citizens, scholars, and activists united to challenge the regime that restricted freedom of speech. In order to show how the movement gathered support for democratic reforms and ultimately helped bring about the overthrow of the regime, the article examines significant demonstrations, speeches, and government acts. This book offers a thorough examination of how the July Movement changed Bangladesh's political landscape by acting as a revolution for free speech and a trigger for the overthrow of autocratic authority, using historical documents, media coverage, and firsthand recollections. This study provides insightful information about how grassroots activism advances human rights.Keywords: July movement, Bangladesh, free speech, democracy, authoritarianism, civil liberties, political change, human rights, social movements, protests, political landscape, regime change, activism, socio-political dynamics
Procedia PDF Downloads 141871 The Role of Law in Promoting Democratic Governance
Authors: Mozamil Mohamed Ali
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Understanding the relationship between law and democratic governance, this research, titled “The Role of Law in Enhancing Democratic Governance: A Comparative Study of Political Systems in Developing Countries,” focuses on examining the impact of legal frameworks on strengthening democratic practices within developing nations. Democratic governance requires transparency and institutional accountability to meet citizens’ needs, which necessitates legal frameworks that ensure compliance with governance standards. These frameworks hold greater significance in developing countries, where challenges such as corruption, weak public institutions, and socio-political conflicts affect their ability to achieve sustainable democratic governance. In this context, the research explores how laws influence these aspects. The study compares various developing countries that have experienced different levels of success and difficulty in enhancing democratic governance, focusing on the legal frameworks and public policies each country has implemented to improve transparency, accountability, and strengthen the role of public institutions. This comparative analysis aims to reveal the effectiveness of legal systems in supporting democratic governance and to identify the factors that lead to the success or failure of these legal frameworks in different contexts. For example, the study includes cases from countries in Asia, Africa, and Latin America, analyzing the legal and institutional policies and their roles in achieving justice and reducing corruption. It examines the impact of legislation that promotes freedom of the press, human rights, and judicial independence as fundamental elements for transparent and democratic governance. Additionally, the research discusses how anti-corruption policies and laws governing electoral competition contribute to improving government responsiveness to public demands. The hypothesis of the research centers on the idea that developing transparent and fair laws contributes to achieving sustainable democratic governance. The analyses show that applying laws equally and impartially strengthens citizens’ trust in public institutions and encourages political participation. At the same time, the research highlights the importance of local adaptation to global legal frameworks, as it may be necessary to consider local socio-political and economic contexts to ensure the success of these frameworks. In conclusion, this research underscores the importance of legal frameworks as a pivotal factor in the success of democratic governance. It provides recommendations related to enhancing judicial independence, enforcing anti-corruption laws, and improving access to information as essential steps for strengthening democratic governance in developing countries. The findings suggest that laws respected and carefully implemented can form a solid foundation for building more transparent and effective government institutions, contributing to sustainable development and social justice in these nations.Keywords: impact of legislation, role of institutions in controlling power, community participation, role of the judiciary
Procedia PDF Downloads 191870 A Comparative Study of Administrative and Political Sciences: Procedural Compliance and Duty Fulfillment in Administrative Lawsuits in China and Singapore
Authors: Yan Jia Jun
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This paper analyzes procedural compliance and the handling of duty fulfillment applications in administrative lawsuits in China and Singapore. By examining cases such as Nanning Jiangnan District Market Supervision Bureau v. Yan Jiajun, Zhuzhou Tianyuan District Market Supervision Bureau v. Yan Wengao from China, and Tan Seet Eng v. Housing and Development Board (HDB) from Singapore, the study explores how procedural fairness affects litigation outcomes and governance. The paper concludes that both countries face challenges in procedural compliance, but also highlights unique approaches and lessons that can be drawn from each jurisdiction to improve governance, transparency, and legal compliance in administrative processes.Keywords: administrative law, duty fulfillment, procedural justice, judicial review, administrative governance, government transparency, China-Singapore comparison
Procedia PDF Downloads 171869 On the Principle of Sustainable Development and International Law
Authors: Zhang Rui
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Context: The paper addresses the necessity of incorporating the principle of sustainable development into international law to guide states and international organizations towards achieving this goal. Research aim: To emphasize the importance of integrating sustainable development into international law and establishing procedures to attain this objective. Methodology: The study utilizes document analysis, comparative law analysis, and international law analysis to support the argument for including sustainable development in international legal frameworks. Findings: The findings suggest that integrating sustainable development into international law can lead to significant improvements in legal practices, treaty interpretations, and state behaviors. Theoretical importance: The paper highlights the potential impacts of the principle of sustainable development on reshaping existing legal norms and promoting sustainable practices globally. Data collection: The data is gathered through the analysis of relevant legal documents, comparative studies, and international legal frameworks. Analysis procedures: The analysis involves examining how the principle of sustainable development can influence legal outcomes, treaty interpretations, and state behaviors. Questions addressed: The study addresses how the principle of sustainable development can be integrated into international law and what implications this integration can have on legal practices and state behaviors. Conclusion: Integrating sustainable development into international law is crucial for advancing global sustainability objectives and guiding states and international organizations towards sustainable practices.Keywords: international law, sustainable development, environmental legislation, sovereign equality
Procedia PDF Downloads 181868 The Difference between Legislative Jurisdiction and Judicial Jurisdiction in International Law
Authors: Zhang Rui
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The primary aim of the study is to compare legislative jurisdiction and judicial jurisdiction in international law, highlighting the unique conditions and bases for their exercise in legal practice.The research employs a comparative law analysis approach alongside a thorough examination of international law principles to achieve a comprehensive understanding of legislative and judicial jurisdiction in the international legal context. The findings of this research underscore the diverse development trajectory of legislative jurisdiction in international law, emphasizing the continued significance of territoriality as a primary basis for exercising judicial jurisdiction.Keywords: international law, judicial jurisdiction, legislative jurisdiction, legal implementation
Procedia PDF Downloads 121867 Populism as a Society Dividing Discourse in Lithuania: The Case of the Elections of Parliament of the Republic of Lithuania of 2024
Authors: Vaicekauskiene G., Nabazaite E.
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This study analyses the rise of global populism in Western democracies, focusing primarily on the populist rhetoric. Populist rhetoric is based on anti-pluralist ideas, opposing a “homogeneous nation” against “dangerous others” who are pushed out of the nation by populists, and can be citizens from both in-groups and out-groups. This study will examine the case of the elections of Parliament of the Republic of Lithuania of 2024. Fifteen candidate lists of parties and coalitions participated in the elections to the Lithuanian Parliament in 2024. Focus group methodology will be used to analyse the narratives of party supporters actively engaged in politics, trying to identify public support/opposition to populism. Liberal democracy is experiencing a crisis in both the US and Western democracies in Europe. The election results of recent years are increasingly announcing populist victories or the creation of new populist parties. Far-right parties lead the governments in three countries – Hungary, Slovakia, and Italy, and they are part of the ruling coalition in Sweden, Finland, and the Netherlands. It will become clear in the USA whether Donald Trump will be re-elected as president in November of this year. Trump’s victory in 2016 was named by political scientists as the apotheosis of populism. Influential politicians consolidate all bad manners and social categorization in the digital era of demagoguery. The research shows that a significant proportion of democratic societies also support this divisive discourse. Citizens, as consumers of information, often approve of populist communication themselves. New parliament elections were held in Lithuania in October 2024. Ideas that polarize society were amplified in the public space, negativism increased, and with it distrust towards the state, its institutions, and democratically elected politicians, “enemies” were sought and conspiracy theories were created. Problem of the Study. This study analyses the global rise of populism from the perspective of Lithuania with various groups of society, trying to understand the relationship of citizens with democracy through believing in populists, approval/disapproval of the expression of populism. Opinions are an important challenge when trying to find the truth in the age of populism, because democratic societies are based on the culture of discussion and the idea of consensus. Methodology. This study will deconstruct the narratives of Lithuanian citizens from the point of view of populism. Fifteen focus group discussions will be held with supporters of the party lists that participated in the Parliament elections of the Republic of Lithuania during November-December 2024. The main unifying criterion for focus group participants is their political activity, while the distinguishing criteria are age, gender and place of residence. Fifteen focus groups were chosen due to the fact that fifteen candidate lists of parties and coalitions participated in the elections and seeking to ensure the variety of participants. This study aims to emphasize populism as a communication phenomenon in Lithuania. Public testimonies and experiences will reveal new meanings about the understanding of populism and support/opposition towards it.Keywords: democracy, narratives in populist rhetoric, populist rhetoric, populism
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