So Much Law so Little Protection! A Case Study of the Protection of the Narwhal

2009 ◽  
Vol 1 (1) ◽  
pp. 21-54
Author(s):  
Malgosia Fitzmaurice
Keyword(s):  
Endangered Species ◽  
Acceptable Solution ◽  
National Legislation ◽  
The Future ◽  
The Law ◽  
State Of Affairs ◽  
Almost All ◽  
International Instruments

Abstract This essay investigates the effectiveness of various international instruments at global, regional, bilateral and European levels and national legislation in relation to the protection of the narwhal. Narwhal is listed on almost all the most important conventions protecting biodiversity as endangered species, as well as the CITES. However, due to various gaps in the law and in some instances disagreements between States parties to conventions how to interpret their jurisdictional scope (e.g. the International Whaling Convention), narwhal are not sufficiently protected and its numbers are dwindling towards extinction. However, there is no a simple answer to this state of affairs as there are a multitude of factors, ecological, sociological and political which play a role in the management of narwhal stocks. The best way forward is basing the future cooperation regarding this issue at the regional or bilateral levels, as the directly involved and interested stakeholders will find the most acceptable solution, which will take into account all the above-mentioned factors.

scholarly journals Love in the time of Covid-19: a case-study of the complex laws governing weddings

Legal Studies ◽  
2021 ◽  
pp. 1-17
Author(s):  
Rebecca Probert ◽  
Stephanie Pywell
Keyword(s):  
First Century ◽  
Marriage Law ◽  
England And Wales ◽  
General Law ◽  
The Social ◽  
The Future ◽  
Fit For Purpose ◽  
The Law ◽  
The Impact

Abstract During 2020, weddings were profoundly affected by the Covid-19 pandemic. During periods of lockdown few weddings could take place, and even afterwards restrictions on how they could be celebrated remained. To investigate the impact of such restrictions, we carried out a survey of those whose plans to marry in England and Wales had been affected by Covid-19. The 1,449 responses we received illustrated that the ease and speed with which couples had been able to marry, and sometimes whether they had been able to marry at all, had depended not merely on the national restrictions in place but on their chosen route into marriage. This highlights the complexity and antiquity of marriage law and reinforces the need for reform. The restrictions on weddings taking place also revealed the extent to which couples valued getting married as opposed to having a wedding. Understanding both the social and the legal dimension of weddings is important in informing recommendations as to how the law should be changed in the future, not merely to deal with similar crises but also to ensure that the general law is fit for purpose in the twenty-first century.

scholarly journals When Democracy Disappears: Emergency Management in Benton Harbor

2018 ◽  
Author(s):  
Louise Seamster
Keyword(s):  
Emergency Management ◽  
Black Politics ◽  
Black Population ◽  
Political Crisis ◽  
Urban Regime ◽  
Emergency Manager ◽  
Benton Harbor ◽  
The Law ◽  
Almost All

In this case study, I look at Benton Harbor, Michigan’s tenure under a state-appointed “emergency manager,” with extensive local powers replacing all local elected government, and a single imperative to balance the city’s budget. The law, ostensibly race-neutral, wound up targeting almost all of Michigan’s cities with significant black population. The law ultimately disenfranchised half the state’s black population but only two percent of whites, as well as the majority of local black officials. This law invalidates a basic civil right and prerequisite for urban political theory: electoral democracy. Who holds power in the urban regime when the state takes over?Drawing on 44 interviews, observations and archival research, I argue that a white urban regime governs without elected representation in this majority-black city. Emergency management, which shut out black officials, allowed this white urban regime to consolidate its influence, showing the deeper disenfranchisement inherent to this law. While posited as restoring “order” to troubled management, the process of emergency management in fact prolongs political crisis. But the ideological framing of emergency management as “neutral,” and black politics as “corrupt” or “self-interested,” provides the logic to blame black governance for structural disinvestment and white-led extraction. (Note: this is the version that was accepted pre-copyediting. It will be updated once the final version comes out in Du Bois Review later this year. There are typos.)

scholarly journals WHEN DEMOCRACY DISAPPEARS

2018 ◽  
Vol 15 (02) ◽  
pp. 295-322 ◽  
Author(s):  
Louise Seamster
Keyword(s):  
Political Theory ◽  
Black Politics ◽  
Black Population ◽  
White Led ◽  
Urban Regime ◽  
Emergency Manager ◽  
Benton Harbor ◽  
The Law ◽  
Almost All

AbstractIn this case study, I look at Benton Harbor, Michigan’s tenure under a state-appointed “emergency manager,” with extensive local powers replacing all local elected government, and a single imperative to balance the city’s budget. The law, ostensibly race-neutral, wound up targeting almost all of Michigan’s cities with significant Black population. The law ultimately disenfranchised half the state’s Black population but only two percent of Whites. This law invalidates a basic civil right and prerequisite for urban political theory: electoral democracy. Who holds power in the urban regime when the state takes over? Drawing on forty-four interviews, observations and archival research, I argue a White urban regime governs without elected representation in this majority-Black city. The ideological framing of emergency management as “neutral,” and Black politics as “corrupt” or “self-interested,” provides the logic to blame Black governance for structural disinvestment and White-led extraction.

Port State Measures—from Residual Port State Jurisdiction to Global Standards

2016 ◽  
Vol 31 (3) ◽  
pp. 395-421 ◽  
Author(s):  
Judith Swan
Keyword(s):  
International Cooperation ◽  
Fisheries Management ◽  
National Legislation ◽  
Minimum Standards ◽  
Global Standards ◽  
International Instruments ◽  
Regional Fisheries Management Organizations ◽  
Unregulated Fishing

Residual port State jurisdiction and the development and furtherance of global standards, including the extra-territorial reach, of port State measures to combat illegal, unreported and unregulated fishing are described through a chronological review and assessment of international instruments, measures taken by regional fisheries management organizations and national legislation and procedures. The powerful role of sovereignty, extra-territorial reach and international cooperation, against the backdrop of recently agreed harmonized minimum standards, is exemplified in a case study.

scholarly journals effectiveness of the conditions of validity of the barrier condition from disposing of property as a restraint

2021 ◽  
Vol 4 (1) ◽  
Author(s):  
Saleh Nasser Al-Otaibi
Keyword(s):  
Private Property ◽  
The Future ◽  
The Will ◽  
The Law ◽  
The Right ◽  
Almost All

Private property is protected by almost all laws, there are some exceptions of disposing of one's property, these exceptions are arranged by the law. Kuwaiti constitution pays much concern about the right of ownership. There is no risk when the law determines restrictions on the owner’s right to dispose of property, but, the risk occurs when the law permits the will of individuals to dispose of the property. Th privative clause of the disposition of the right of ownership is one of the conditions that are contrary to nature of the contracts that transfer the ownership, rather than lead to the transfer of ownershipthe study  concluded with that Kuwaiti law did not confine the occurrence of the barrier to the disposal of a particular type of legal behaviour. Motive condition determines the privative clause from disposition. Flexibility requires strong motive as a flexible standard that accommodates any situation that arises in the future. The strictness of Kuwaiti law shows that it did not always make the condition inhibiting from disposal as permanent, but rather that it must be temporary in a period. 

‘Bring Back our Innocence’. Protecting Children from Commercial Sexual Exploitation: A Case Study of Three African Countries

2021 ◽  
Vol 35 (2) ◽  
Author(s):  
Rufaro Audrey Mavunga
Keyword(s):  
South Africa ◽  
Sexual Exploitation ◽  
Legal Order ◽  
Commercial Sexual Exploitation ◽  
African Countries ◽  
National Legislation ◽  
Child Prostitution ◽  
International Laws ◽  
International Instruments

The focus of this article is on the commercial sexual exploitation of children with a particular focus on the use of children for the purposes of prostitution and pornography in South Africa, Zimbabwe and Uganda. The article examines the international prohibition of child prostitution and pornography and analyses the extent to which these three countries have implemented the relevant international instruments in their national legal order. The research reveals that South Africa has enacted estimable legislation that prohibits the use of children for the purposes of prostitution and pornography, whereas Zimbabwe and Uganda’s legislation warrants some refinement. In addition, research identifies some of the challenges these countries are facing in implementing the respective legislative frameworks and, to that effect, the article author seeks to offer recommendations for overcoming such difficulties. The extent to which the three countries have incorporated international laws prohibiting child prostitution into their national legislation is analysed.

scholarly journals CONSTITUENT POWER: THE THEORY AN D PRACTICE OF ITS IMPLEMENTATION IN UKRAINE

2018 ◽  
Vol 6 (4) ◽  
pp. 37-61
Author(s):  
Hryhorii Berchenko ◽  
Serhii Fedchyshyn
Keyword(s):  
Theoretical Concept ◽  
Constitutional Reform ◽  
Constitutional Court ◽  
Constituent Power ◽  
Acceptable Solution ◽  
The People ◽  
The Future ◽  
The Law ◽  
Power Concept

The article researches the phenomenon of constituent power as a theoretical concept and the practice of its implementation in Ukraine. Constituent power is associated with the process of adopting a constitution and making amendments to it. A distinction is made between primary and institutional constituent powers. The constituent nature of the Constitution of Ukraine in the interpretation of the Constitutional Court of Ukraine is analyzed. The reasons why the Law “On an All-Ukrainian Referendum” was held invalid with regard to the constituent power of the people is considered. There is an inconsistency in the primary and institutional constituent powers’ interpretation of amendments to the Constitution of Ukraine. The constitutional reform of 2004, the interference with this reform by the Constitutional Court of Ukraine in 2010 and its return by the parliament in 2014 are examined from the standpoint of the constituent power concept. It is concluded that a new constitutional reform, which would provide a clean slate, could be an acceptable solution in Ukraine. In the future, the text of the reformed Constitution should provide for clear mechanisms for amending the Constitution of Ukraine and the adoption of a new Constitution, which would necessarily include procedures for popular legitimacy.

scholarly journals Ethical Hacking : Roles, Phases and Impact on various sectors of the Economy

2021 ◽  
pp. 38-43
Author(s):  
Ch. Mary Pushpa ◽  
K.V.M Udaya Lakshmi ◽  
S. Hepsibha
Keyword(s):  
Economic Growth ◽  
Cyber Security ◽  
Acceptable Solution ◽  
Penetration Testing ◽  
Security Issues ◽  
The Future ◽  
Cyber Crimes ◽  
Negative Impacts ◽  
Penetration Tests

This paper will discuss the topic of ethical hacking, which is also called penetration testing. It starts by briefing about the ethical hacking introduction and its key protocols. It will further discuss the varied classifications of hacking and explain the causes for the swift rise in the cyber-crimes and their impact on socio-economic growth. The advantages and limitations of ethical hacking are also listed. It will further discuss the steps involved in ethical hacking, who is allowed to conduct ethical hacking, and its importance in order to reduce the effect of these attacks, penetration tests are highly required, to consider an acceptable solution for this task. Results from the case study shows that there are negative impacts where the society suffers from cybercrimes and why the computer or networking tools are targeted for the crimes. Ethical hacking education can provide the future professionals to combat the future cyber security issues.

Gendered differences in emigration and mobility perspectives among European researchers working abroad

2014 ◽  
Vol 7 (1) ◽  
pp. 33-41 ◽  
Author(s):  
Elisabeth Scheibelhofer
Keyword(s):  
United States ◽  
Qualitative Research ◽  
Qualitative Study ◽  
Social Relations ◽  
The United States ◽  
Research Strategy ◽  
The Future ◽  
Highly Skilled

This paper focuses on gendered mobilities of highly skilled researchers working abroad. It is based on an empirical qualitative study that explored the mobility aspirations of Austrian scientists who were working in the United States at the time they were interviewed. Supported by a case study, the paper demonstrates how a qualitative research strategy including graphic drawings sketched by the interviewed persons can help us gain a better understanding of the gendered importance of social relations for the future mobility aspirations of scientists working abroad.

Pocket E-Li: Listening Assessment Made Easy

2019 ◽  
Vol 3 (1) ◽  
pp. 4
Author(s):  
Norazean Sulaiman ◽  
Nurul Nadiah Dewi Faizul Ganapathy ◽  
Wan Faizatul Azirah Ismayatim
Keyword(s):  
Mobile Application ◽  
Listening Comprehension ◽  
Teaching And Learning ◽  
Positive Response ◽  
Mobile Apps ◽  
Listening Skills ◽  
Current Technology ◽  
The Future ◽  
Level Of Understanding ◽  
Almost All

Listening skills should be given more attention as listening takes precedence over anything else when it comes to acquiring a language (Putriani, Sukirlan & Supriyadi, 2013). Even with the booming of various technology to facilitate teaching and learning of listening skills in class, the assessment conducted to identify students’ level of understanding of certain topic is still not up-to-date and not parallel with the advancement of technology. The current studies show that the use of mobile apps for listening purpose is proven to be effective in reducing students’ anxiety (Rahimi & Soleymani, 2015), sustaining students’ motivation (Read & Kukulska-Hulme, 2015), and improving students’ linguistic competencies (Ramos & Valderruten, 2017). This study is aimed to test the effectiveness of mobile application in assessing students’ listening skills. Diploma students from various faculties in UiTM Shah Alam were randomly chosen to answer listening comprehension questions via the prototype developed, named Pocket E-Li. The results demonstrate that the majority of the students provided positive response towards the implementation of mobile application for listening assessment. Almost all respondents agreed that listening assessment should be conducted via mobile application in the future. It can be concluded that listening assessment via mobile application is beneficial to students since it meets the students’ demands and needs which is equivalent with the use of current technology.

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