scholarly journals The Production and Maintenance of Protracted Statelessness: An Analysis of the Language and Practice of the Nationality Law in Thailand and Brunei Darussalam

2021 ◽  
Vol 7 (2) ◽  
Author(s):  
Md Zaidul Anwar Hj Md Kasim ◽  
Keyword(s):  
Brunei Darussalam ◽  
Ethnic Division ◽  
Main Factors ◽  
The Law ◽  
Nationality Law

In theory, nationality law that stipulates criteria and requirements for the granting of citizenship should address racial or ethnic division and the distinction between immigrant and indigene status. Instead, modern citizenship contradicts this, and conversely becomes an apparatus for state procedures of exclusion. In this article, I have focused on and assessed the language of seclusion and the practice of division found in the nationality law of Thailand and Brunei. I argue that the phenomenon of protracted statelessness is not happening incidentally, but rather deliberately produced through the language and practice of nationality law. The study concludes by highlighting two main factors that contribute to the increasing number of protracted stateless persons: first, the explicit and implicit language of exclusion in the law that becomes institutionalized practice; second, the opaqueness of the language used can facilitate practices that are not aligned with the law. This study sheds light on the nature of language and practice found in nationality law – a factor that has attracted little attention from relevant scholars, yet it is inherent in the production and maintenance of protracted statelessness in Thailand and Brunei Darussalam. Keywords: Brunei Darussalam, Language and practice, Nationality law, protracted statelessness, Thailand

scholarly journals Politics of Immigration and Language: The Case of Pakistani Residents in Spain

2018 ◽  
Vol 8 (3) ◽  
pp. 36
Author(s):  
María Isabel Maldonado García
Keyword(s):  
Language Proficiency ◽  
Jewish People ◽  
Spanish Language ◽  
Council Of Europe ◽  
Specific Group ◽  
The Common ◽  
The Law ◽  
The Government ◽  
Nationality Law

The new Spanish nationality law requires a certain level of Spanish language proficiency for the application of Spanish nationality. The law, which is on the Official State Bulletin (BOE-Boletin Oficial del Estado) N. 167, Section I, Page 58, 149 and which was drafted on the 14th of July, 2015, came in effect on the 15th of October, 2015. The new regulation outlined the new requirements for the immigrants to be able to become Spanish citizens. The law was mainly targeted towards the descendants of those Jewish people who were thrown out of Spain in 1492 in an effort of the Spanish government to normalize relations. Nevertheless, all new applicants are somehow affected by it since a minimum knowledge of Spanish language is required, (level DELE A2 according to the Common European Framework of Reference for languages (CEF; Council of Europe, 2001 & Little (2005)) and a certain cultural and constitutional knowledge as well, to be measured by additionally passing the CCSE exam. These exams, according to the law, are to be administered by Instituto Cervantes, the official Institute of Spanish language of the Government of Spain. This paper aims to study the repercussions and new effects the law is having on the Pakistan Instituto Cervantes Examination Center in terms of enrollments as well as the effects on a specific group of immigrants themselves; the immigrants from Pakistan.

scholarly journals Leniency programmesfor cartel: mature reforms

2018 ◽  
pp. 24-33
Author(s):  
K. N. Aleshin ◽  
S. V. Maksimov
Keyword(s):  
Russian Federation ◽  
Criminal Law ◽  
Criminal Code ◽  
Administrative Law ◽  
The Russian Federation ◽  
Main Factors ◽  
The Law ◽  
Definition Of ◽  
The Right

The problems of interpretation of criminal law and administrative law institutes of active repentance (“leniency programmes”) in relation to cartels are considered.The definition of the effectiveness of the institution of active repentance is given as the ability of this institution to achieve the goals stipulated by law (in the aggregate or in a particular combination): 1) termination of the committed offense (crime) (“surrender”),2) assistance in investigating the relevant administrative offense (crime), 3) compensation for the harm caused by his offense (crime), 4) refusal to commit such offenses (crimes) in the future.The condition of the quadunity of these goals is investigated. It is noted that among the main factors reducing the effectiveness of administrative law and criminal law institutions of active repentance (“leniency programmes”) in relation to a cartel is the legal inconsistency of these institutions.Proposals are being made to amend par. 3 of the Notes to Art. 178 of the Criminal Code of the Russian Federation and Note 1 to Art. 14.32 of the Code of the Russian Federation Code of Administrative Offenses iin order to bring together the relevant institutions of active repentance.The necessity of legislative consolidation of general procedural rules for the implementation of the person who participated in the conclusion of the cartel, the law granted him the right to active repentance is substantiated.

scholarly journals Standing Against to Workplace Discrimination (In the Name of Law & Order, Humanity, Religion, and Better Management): A Literature Review

2021 ◽  
Vol 04 (12) ◽  
Author(s):  
Cengiz Yılmaz ◽  
Keyword(s):  
Literature Review ◽  
Business Owners ◽  
Workplace Discrimination ◽  
The Other ◽  
Linguistic Variables ◽  
Managerial Efficiency ◽  
Efficient Management ◽  
Other Hand ◽  
Main Factors ◽  
The Law

Rational judgments and decisions should be based on solid logic and rationale as well as numeric variables. On the other hand, irrational judgments and decisions rely on feelings, linguistic variables. Appointed executives who manage acting businesses must demonstrate solid logic, numeric and linguistic justifications for their decisions to the stakeholders: business owners, government, share-stakeholders. The study examines the justification and logic of the four main factors why humanity fights against discrimination during the promotion: legally, humanitarian reasons, religious grounds, and administrative reasons. The study strongly suggests that discrimination during the promotion is against the law, religion, humanity, and efficient management. For these reasons, honest, fair people and organizations have to fight against discrimination; in the name of law, in the name of religion, in the name of humanity, and in the name of managerial efficiency. Discriminators, who are unfairly making the lives of innocent employees, their children, and partners hell, have to be punished by the law, religion, humanity, and management for realizing humanistic and holistic justice.

scholarly journals Municipalities and democracy in Chile: Are they complying with the 20,500 Law On Citizen Participation?

2021 ◽  
pp. 63-80
Author(s):  
Egon Montecinos ◽  
Patricio Contreras
Keyword(s):  
Citizen Participation ◽  
Great Majority ◽  
The Political ◽  
Local Democracy ◽  
Political Will ◽  
Current State ◽  
Municipal Management ◽  
Main Factors ◽  
The Law ◽  
Municipal Level

This article describes and characterizes the current state of citizen participation at the municipal level in Chile, taking as reference the law 20.500. The objective is to identify the main factors that are influencing the dynamic disparate of implementation of the law, based on a study conducted in fifty-two municipalities. It is argued that there are municipalities that meet minimum participation standards, but in the great majority it has not been gravitating. Some reasons that would be influencing this dynamic, they are the low incentives of the law to incorporate citizen participation in municipal management, the excessive dependence on the political will of mayors to initiate it, the municipal financial precariousness to sustain it. The main conclusion is that the contributions of the law to municipal participatory democracy have been low, persisting a representative local democracy of low intensity and associated with exclusively procedural aspects.

scholarly journals A Study of Mathematics Teachers’ Motivation towards Teaching in Brunei Darussalam

2018 ◽  
Vol 8 (2) ◽  
pp. 18 ◽  
Author(s):  
Hjh Naziah Sahat ◽  
Adina Yantiaryanie Hj A. Abd. Rahman ◽  
Khairul Amilin Tengah ◽  
Hui-Chuan Li ◽  
Nor Azura Abdullah
Keyword(s):  
Mathematics Teachers ◽  
Teacher Motivation ◽  
Online Questionnaire ◽  
Government Schools ◽  
Factors Affecting ◽  
Brunei Darussalam ◽  
Quality Of Teaching ◽  
Main Factors ◽  
The Government

Many factors contribute to the success of students’ academic performance. Admittedly, quality of teaching is one of those factors. In this study, based on the related literature on teacher motivation, six main factors affecting teachers’ motivation towards teaching are identified. Accordingly, an online questionnaire was designed by the authors. In total, 207 (40 males and 167 females) mathematics teachers from primary, secondary and sixth-form government schools in Brunei Darussalam randomly volunteered to respond to this questionnaire. The findings from this study have implications for understanding the extent to which factors may motivate or demotivate teachers to teach. The present research provided education stakeholders with important information to ponder over the motivational factors of mathematics teachers in the government schools. The results from our study also suggested that good interaction and collaboration between teachers can help boost teachers’ motivation to teach.

The UN Convention on the Law of the Sea and the Maritime Disputes in the South China Sea

2013 ◽  
Vol 107 (1) ◽  
pp. 142-163 ◽  
Author(s):  
Robert Beckman
Keyword(s):  
South China Sea ◽  
South China ◽  
Legal Framework ◽  
The Philippines ◽  
The South China Sea ◽  
Law Of The Sea ◽  
The South ◽  
China Sea ◽  
Brunei Darussalam ◽  
The Law

The UN Convention on the Law of the Sea (UNCLOS) establishes a legal framework to govern all uses of the oceans. All of the states bordering the South China Sea—Brunei Darussalam, China, Indonesia, Malaysia, the Philippines, and Vietnam—are parties to UNCLOS. Taiwan, which also borders the South China Sea, has taken steps to bring its legislation into conformity with UNCLOS.

scholarly journals Problems of elements of forensic description of corruption crimes in procurement

2021 ◽  
Vol 1 (1) ◽  
pp. 277-285
Author(s):  
Aisulu Kazbekova ◽  
Nur-Akhmet Alimkulov ◽  
Ainagul Karipova
Keyword(s):  
Sustainable Development ◽  
Public Sector ◽  
Public Procurement ◽  
Considerable Part ◽  
Procurement Process ◽  
Technical Specifications ◽  
Ministry Of Finance ◽  
Main Factors ◽  
The Law

One of the main factors of sustainable development of any economy include public procurement, through which are placed a considerable part of orders of state bodies at the expense of Republican and local budgets (in 2019 70% of the budget). The procurement process is regulated by the Law "on public procurement", about 23 orders of the Ministry of Finance and Government resolutions. About a third of the Law's provisions (32.7 %) are duplicated in the procurement Rules. Moreover, an analog of this law has been developed – the draft Law "on procurement of certain subjects of the quasi-public sector". The multiplicity of legal acts complicates the procurement process, the possibility of in-house control of the legality of procedures, which creates high corruption risks. As practice has shown, the main criminal schemes are lobbying for the interests of" their suppliers", overpricing, affiliation of suppliers, illegal" margin", fraud with technical specifications, signing fictitious acts, overpricing. The article provides the elements of the forensic characteristics of corruption offenses in the field of public procurement: the mechanism of committing, the trace picture, the reasons and conditions.

scholarly journals FAKTOR PENGHAMBAT DALAM PENEGAKAN QANUN JINAYAT DI ACEH (Studi Kasus Penerapan Qanun No. 14 Tahun 2003 di Kota Subulussalam)

2019 ◽  
Author(s):  
Ali Geno Berutu
Keyword(s):  
Law Enforcement ◽  
Legal Factor ◽  
Main Factors ◽  
The Law

This paper proves that the implementation of Qanun Aceh no. 14 of 2003 on khalwat in Subulussalam city has not fully run well. Many obstacles faced both from the executor (government) and the community as the object of the law of the application of Islamic Shari'a itself. The legal factor is one of the main factors causing its stagnant action against the violation of Qanun. 14 Year 2003 in Subulussalam City in addition to other factors. This paper attempts to outline the obstacles in the effectiveness of law enforcement which is an indicator of the assessment of the enforcement of a law, in order to measure the success or targets set in the application of a law especially to the enforcement of Qanun. 14 Year 2003 in the jurisdiction of Subulussalam City, Aceh.

scholarly journals THE EXPEDIENCY OF STARTING THE SALE OF LAND IN UKRAINE IN AN ECONOMIC DOWNTURN

2021 ◽  
pp. 46-53
Author(s):  
Ihor Honak
Keyword(s):  
Gross Domestic Product ◽  
Sharp Increase ◽  
Agricultural Land ◽  
Domestic Product ◽  
Land Market ◽  
Practical Implementation ◽  
Economic Downturn ◽  
Potential Value ◽  
Main Factors ◽  
The Law

Purpose. The aim of the article is the characteristics of modern theoretical and practical aspects of the functioning of the agricultural land market in Ukraine in the second half of 2021. Methodology of research. The following methods were used in the study: statistical analysis and comparison – in studying the problematic aspects of the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Conditions of Circulation of Agricultural Land”, the dynamics of gross domestic product and public and state-guaranteed debt as the main factors the dynamics of the potential value of land; logical assessment – in substantiating the proposals to restore the moratorium on the sale of agricultural land and repeal the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Conditions of Circulation of Agricultural Land”; generalization – in the process of formulating conclusions based on the results of the analysis. Findings. It is established that during the second half of 2019 – the first half of 2021 there was a continuous decline in gross domestic product of Ukraine and a sharp increase in public debt, which negatively affects the potential value of Ukrainian agricultural land. The necessity of prolonging the moratorium on land sales is substantiated. The principles for the development of a new Law of Ukraine “On the market of agricultural land”, which would take into account the interests of all land users. Originality. Recommendations on the need to renew the moratorium on land sales, repeal the current Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Conditions of Circulation of Agricultural Land” and develop a new, state- and national-oriented Law of Ukraine “On Agricultural Land Market” are formed. Practical value. The practical implementation of the proposed measures will create favourable conditions for the development of the national land market, which will allow to solve state problems in the land and investment spheres, as well as to stimulate the development of the national economy. Key words: land, agricultural land, gross domestic product, state and state-guaranteed debt.

scholarly journals LEGALISASI PENCABUTAN HAK POLITIK TERPIDANA TINDAK PIDANA KORUPSI UNTUK SELAMANYA

to-ra ◽  
2017 ◽  
Vol 3 (2) ◽  
pp. 603
Author(s):  
Tomson Situmeang
Keyword(s):  
Natural Resources ◽  
Political Process ◽  
Criminal Code ◽  
The Political ◽  
Political Rights ◽  
Human Rights Law ◽  
Political Office ◽  
Main Factors ◽  
The Law ◽  
Corrupt Behavior

Abstract   The country will progress if it successfully carries out the development of 2 (two) main factors, namely: “natural resources” and “human resources”. Indonesia, with its abundant natural resources, is not even among the 10 (ten) highest income countries in Asia. This is due to the corrupt behavior of officials (state) in Indonesia by abusing the position or position obtained, one of them through the political process. Such people are no longer fit to return to political office, so their political rights must be revoked. Revocation of political rights is indeed accepted and recognized in Indonesian law, namely in the provisions of Article 28J of the 1945 Constitution and Article 73 of the Human Rights Law which mandates limitations to the provisions of the law. In addition, there are provisions in Article 10 of the Criminal Code jo. Article 35 of the Criminal Code jo. Article 38 of the Criminal Code jo. Article 18 Corruption Law can be carried out by a judge’s decision. Therefore, revocation of the political rights of convicts of criminal acts of corruption can be done forever, provided that they are stipulated in the provisions of the law by including corruption in the category of disgraceful acts.   Keywords: pencabutan hak politik, tindak pidana korupsi, perbuatan tercela

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