Legal Pluralism in the Southern West Bank: the Impact of Honour as a Factor on Developments towards an Increased Consideration of Rule-of-Law Principles in Clan-Based Justice

2019 ◽  
pp. 172-198
Keyword(s):  
Rule Of Law ◽  
West Bank ◽  
Legal Pluralism ◽  
The Impact

scholarly journals Unpacking Legal Pluralism in Commonwealth Africa – Towards Strengthening Methods for Rule of Law Programming for Development

2018 ◽  
Vol 11 (2) ◽  
pp. 277-332
Author(s):  
Elizabeth Bakibinga-Gaswaga
Keyword(s):  
Sustainable Development ◽  
Rule Of Law ◽  
Legal Pluralism ◽  
Law Reform ◽  
Washington Consensus ◽  
Legal Systems ◽  
Law And Development ◽  
The Rule Of Law ◽  
The Impact

Abstract Agenda 2030 for Sustainable Development has brought the rule of law to the forefront in the quest for sustainable development, with emphasis on Africa and the rest of the developing world. To ensure that law contributes to sustainable development, it is critical to address the mismanagement of legal pluralism in Commonwealth member countries in Africa, demonstrated by the conflict of legal systems and the stagnant evolution of institutions of governance in the aftermath of independence after colonial rule, and the current neoliberal economics-oriented/institutional approach based on the Washington Consensus. The current approaches to rule of law reform and development have resulted in the status quo in Africa, where the role of law and legal systems for sustainable development is not explicitly evident. The law is not applied consciously for development and the role of legal practitioners in development is undermined. An understanding of the impact of colonialism and post-colonial legal systems and the impact of the Washington Consensus; the influence of intergovernmental organizations and international non-governmental actors in providing rule of law reform assistance; and the methodology through which the technical assistance for law and development has been implemented to date is critical to developing new methods/approaches to the rule of law and development.

Harmonisasi terhadap Peraturan Daerah No. 14 Tahun 2006 tentang Pengelolaan Pelestarian Kawasan Konservasi Laut Daerah dalam Perlindungan Pulau Pariwisata Kabupaten Indramayu

2019 ◽  
Vol 1 (2) ◽  
pp. 142
Author(s):  
Saiful Kholik ◽  
Imas Khaeriyah
Keyword(s):  
Rule Of Law ◽  
Local Governments ◽  
Environmental Law ◽  
Policy Formulation ◽  
Marine Conservation ◽  
Environmental Damage ◽  
Conservation Area ◽  
The Rule Of Law ◽  
The Government ◽  
The Impact

Inconsistency Regional Regulation No.14 of 2006 about marine conservation area of the island of Biawak, Gososng, which Cendekian provides protection but in fact failed to provide protection as evidenced by dredging island sandbar and cendekian conducted PT.Pertamina UP VI Balongan INDRAMAYU. The problem in this research How Formulation Policy Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 regarding marine conservation area of the island of Biawak, Gososng, Cendekian And How Harmonization Act No. 10 of 2009 with the Indramayu Regional Regulation No. 14 of 2006 regarding formulation Act No. 10 Year 2009 on the Indonesian Tourism with the Indramayu Regional Regulation No. 14 of 2006 about marine conservation area of the island of Biawak, Gososng, Cendekian, the purpose of this research to understand and analyze the extent to which policy The findings of the community or field of law local governments about the environmental damage done by companies or individuals are not equal accordance with regional regulations in force, nor the Law in force so that the function of law in society indramayu not fit the mandate to establish a change and justice based Formulation public corporate criminal liability.Inskonsitensi happens to local regulation No.14 of 2006 makes no harmonized with the regulations of each other so that the impact of this inskonsistensi makes the sector particularly environmental law enforcement get uncertainties that result in coastal communities Indramayau.Conclusion Harmonization of regulations of the center and regions delivering the policy formulation of the rule of law area to comply with the regulations above in order to avoid inconsistency, the occurrence of this inconsistency resulted in the rule of law and justice for the indramayu, suggestion that the government should was nearly revise regulations related area, especially the government must dare to take action to give effect to the perpetrator deterrent effect rule-based running as well as possible.

International Arbitration as a Tool of Global Governance

2019 ◽  
Author(s):  
Sophie Nappert
Keyword(s):  
Global Governance ◽  
Rule Of Law ◽  
International Arbitration ◽  
The Rule Of Law ◽  
Arbitration Process ◽  
Fact Finding ◽  
Exercise Of Discretion ◽  
The Impact

It has been posited that the international arbitration process carries with it not only fact-finding and lawmaking functions but also a governance function insofar as “arbitrators … can and do engage in autonomous normative action while still adhering to the rule of law.” This contribution explores the role and ambit of the exercise of discretion by international arbitration tribunals and its interplay with the tribunals’ governance function, as arbitrators must consider “the impact of their rulings on states, persons or entities not directly represented in the case before them.” It questions whether the use of discretion is suited to the governance role of arbitral tribunals and serves, rather than compromises, the effective exercise of that role. It asks what measures ought to be considered to make arbitrators better prepared for the exercise of their governance function.

scholarly journals Depression among end-stage renal disease patients undergoing hemodialysis: a cross-sectional study from Palestine

2021 ◽  
Vol 7 (1) ◽  
Author(s):  
Samah W. Al-Jabi ◽  
Ansam Sous ◽  
Fatimah Jorf ◽  
Mahmoud Taqatqa ◽  
Mahdi Allan ◽  
...  
Keyword(s):  
Renal Disease ◽  
Low Income ◽  
End Stage Renal Disease ◽  
West Bank ◽  
Psychological Status ◽  
The West ◽  
Depression Prevalence ◽  
Stage Renal Disease ◽  
End Stage ◽  
The Impact

Abstract Background The impact of end-stage renal disease on the patient’s psychological status necessitates the value of increasing depression awareness. The current study aimed to assess the depression prevalence among Palestinian hemodialyzed patients and its association with patients’ characteristics. Methods A convenience clustered sampling technique was followed. Sample was collected from ten hemodialysis centers in the West Bank, Palestine, during 3 months in 2015. We used the Beck Depression Inventory-II scale (BDI-II) to evaluate depression among participants. All data were analyzed using Statistical Package for the Social Sciences version 16.0. Results Two hundred and eighty-six hemodialyzed patients were interviewed. The mean age (± standard deviation) of the patients was 52.0 ± 14.3 years, and most participants were males 172 (60.1%). Regarding the dialysis characteristics, the median of years of dialysis was 2 years (1–4). The prevalence of depression was 73.1%. Elderly patients (p = 0.001), female (p = 0.036), living in rural areas or camp (p = 0.032), low income (p = 0.041), unemployment (p = 0.001), not doing regular exercise (p = 0.001), and having multi comorbidities (p = 0.001) were significantly associated with more depression scores. The results of binary logistic regression showed that only patients who were living in camps, patients who were previously employed, and patients who were not practicing exercise remained significantly associated with a higher depression score. Conclusions This study is the first one confirmed about depression and its prevalence among hemodialyzed patients in the West Bank, Palestine. Compared to other communities, the study found a higher depression prevalence rate. There is a need to offer psychological interviews and non-pharmacological and pharmacological interventions.

Applying Synthetic Control Method to Estimate the Impact of the Lava Jato Operation on the Worldwide Governance Indicators in Brazil

2021 ◽  
pp. 2631309X2110178
Author(s):  
Eduardo Carvalho Nepomuceno Alencar ◽  
Bryant Jackson-Green
Keyword(s):  
Rule Of Law ◽  
Control Method ◽  
Synthetic Control ◽  
Synthetic Control Method ◽  
The Rule Of Law ◽  
Governance Indicators ◽  
Regulatory Quality ◽  
Legal Judgments ◽  
The Impact ◽  
Control Of Corruption

In 2014, the most prominent anti-corruption investigation in Latin America called Lava Jato, exposed a Brazilian corruption scheme with reverberations in 61 countries, resulting in legal judgments for nearly 5 billion USD in reimbursements thus far. This article applies the synthetic control method on data from 135 countries (2002–2018) to test the hypothesis that Lava Jato impacts the Worldwide Governance Indicators in Brazil. The findings reveal that Lava Jato negatively affects control of corruption, the rule of law, and regulatory quality. There are signs of possible improvement in at least the corruption and the rule of law measures. This paper brings value to the criminological body of literature, notably lacking in the Global South.

scholarly journals The Emergence of Islamist Official and Unofficial Laws in the Erdoganist Turkey: The Case of Child Marriages

Religions ◽  
2021 ◽  
Vol 12 (7) ◽  
pp. 513
Author(s):  
Ihsan Yilmaz
Keyword(s):  
Legal Pluralism ◽  
Fundamental Rights ◽  
Vulnerable Groups ◽  
Right Wing ◽  
The Social ◽  
Critical Issues ◽  
Turkish Family ◽  
The Republic ◽  
Age Of Marriage ◽  
The Impact

Religion in the hands of authoritarian governments can prove to be an effective political instrument to further their agenda. This paper attempts to explore this aspect of authoritarianism with the case of Turkish family laws under Erdoganist Islamist legal pluralism. The paper analyzes the AKP’s government’s attempts at pro-Islamist legislation, fatwas produced by Diyanet (Turkish Directorate of Religious Affairs) and by pro-government right-wing religious scholars to explore the changes that have occurred, both formally and informally, in the largely secular family laws of the Republic of Turkey in the last decade. By focusing on the age of marriage, this paper tries to understand the impact of Islamist legal pluralism and unofficial Islamist laws on the formal legal system as well as the social implications of this plural socio-legal reality, particularly for vulnerable groups such as the poor, refugees, children, and women. The trends demonstrate the informal system’s skew towards Islamism, patriarchy and disregard for fundamental rights. This Islamist legal plurality almost always operates against the women and underage girls, which creates profound individual and social problems. The paper concludes by pointing out the critical issues emerging in the domain of family law due to the link between the growing power of Islamist legal pluralism and its political instrumentalization by the Justice and Development Party (AKP).

scholarly journals Relationship Transformation between Israeli Settlers and West Bank Palestinians: The Case of "Roots"

2018 ◽  
Vol 18 (4) ◽  
pp. 70-75
Keyword(s):  
Conflict Resolution ◽  
West Bank ◽  
Initial Evaluation ◽  
Preliminary Assessment ◽  
Strategic Approach ◽  
Religious Dialogue ◽  
The Impact

Against the background of on-going research on the impact of Israeli-Palestinian inter-religious dialogue for conflict resolution efforts; the authors here present a preliminary assessment of the impact and dynamics of a relatively new Israeli-Palestinian initiative known as “Roots”. It is unique in that it has provided a framework for cooperation and relationship transformation to occur between Israeli settlers and neighboring West Bank Palestinians. This paper will present an initial evaluation, concerning the background, strategic approach, impact, and challenges facing this organization in the context of relevant conflict resolution theories.

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