scholarly journals The Emergence of Nigerian Maritime Cabotage Laws and the Future of Its Maritime Commerce

2020 ◽  
pp. 476-482
Author(s):  
Gabriel E. B. Inyang ◽  
Amarachukwu Onyinyechi Ijiomah
Keyword(s):  
Legal Framework ◽  
Maritime Industry ◽  
Institutional Reforms ◽  
Ship Building ◽  
Policy Failure ◽  
Coastal Shipping ◽  
Monitoring And Enforcement ◽  
Regulatory Measures ◽  
The Government ◽  
Regulatory Problems

Nigerian maritime cabotage laws evolved to add efficiency to the country’s maritime industry, especially in the area of indigenous fleet expansion, ship building and human capacity development. The aim was to curtail foreign dominance and unequal competition by non-Nigerian operators. Since the enactment of the Cabotage Act, attempt at successful and beneficial implementation could not be achieved due to regulatory inadequacies. What is obtainable now includes foreign dominance, unfair competition, policy failure, institutional ineffectiveness, absent of stable local capacity, regulatory problems, fiscal deficiencies, lack of political will by the government. In view of these inadequacies, appropriate remedial regulatory measures need be considered. These include regulatory overhaul or ample review of all extant maritime laws which are no more relevant in a cabotage regime. There is need for institutional reforms which will engender adequate and effective monitoring and enforcement. Fiscal and financial legal framework needs to be put in place to strengthen this inadequate and weak policy. This article submits that, cabotage laws which are supposed to be the framework of transformation from foreign to indigenous dominance of coastal shipping, have fallen short of the intended objectives. It therefore requires proper and adequate review to cure the obvious defects.

scholarly journals The Adequacy of Existing Support Systems in Addressing the Issue of Teenage Pregnancies in Malaysia: A Legal Response

2019 ◽  
Vol 27 (1) ◽  
pp. 121-150
Author(s):  
Aishah Mohd Nor ◽  
Najibah Mohd Zin ◽  
Roslina Che Soh
Keyword(s):  
Support System ◽  
Support Systems ◽  
Integrated Services ◽  
Legal Framework ◽  
Social Activist ◽  
Specific Policy ◽  
Legal Response ◽  
Monitoring And Enforcement ◽  
The Government ◽  
Laws And Policies

This article examines the adequacy of the current support systems in addressing the issue of teenage pregnancies in Malaysia. This study was conducted primarily through a doctrinal study of existing literature such as articles, journals and reports related to the current issues encountered by the pregnant teenagers. There is also a non-doctrinal method carried out whereby the researchers had conducted fieldwork interviews with the government department, non-government organisations (NGOs) and social activist on the efforts done in addressing the problem. Due to the lack of a specific policy on teenage pregnancies in Malaysia, there have been concerns on issues related to the rights of these teenagers to education during pregnancy; criminal issues on abortion, infanticide and child sexual grooming; child marriages and the lack of support from parents, family members and the society for care, motivation, healthcare and preparation for motherhood among these teenagers. The findings establish the current support system is inadequate to meet the contemporary needs of pregnant teenagers. It is suggested that a comprehensive legal framework for teenage pregnancies in Malaysia needs to be put in place. These can include legislating necessary laws and policies, which can be more effective through integrated services and proper monitoring and enforcement in order to meet the current needs of the targeted group.

Beach Town

2017 ◽  
Author(s):  
Christopher Hilliard
Keyword(s):  
Hospitality Industry ◽  
First World War ◽  
Social Position ◽  
Maritime Trade ◽  
World War ◽  
Ship Building ◽  
Coastal Shipping ◽  
Tourism And Hospitality Industry ◽  
Tourism And Hospitality ◽  
First World

The chapter surveys post-First World War Littlehampton, a coastal town where tourism and hospitality had overtaken maritime trade, but where coastal shipping and ship-building remained important industries. The libel case unfolded in the Beach Town district, where Littlehampton’s hotels and apartment houses were concentrated. Many of the tradesmen, small businesswomen, labourers, and domestics who serviced the tourism and hospitality industry lived in the neighbourhood. Working from the evidence George Nicholls gathered, census records, and documents in the Littlehampton Museum, the chapter provides an anatomy of the neighbourhood and then examines the families at the centre of the dispute, their economic and social position, and relationships within the household, which were often marked by violence.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

Mitigation and Adaptation through Environmental Impact Assessment Litigation: Rethinking the Prospect of Climate Change Litigation in China

2021 ◽  
pp. 1-27
Author(s):  
Xiangbai He
Keyword(s):  
Climate Change ◽  
Environmental Impact ◽  
Impact Assessment ◽  
Environmental Impact Assessment ◽  
Legal Framework ◽  
Special Focus ◽  
Mitigation And Adaptation ◽  
Regulatory Effects ◽  
The Government ◽  
Legal Barriers

Abstract There are two general pathways towards climate change litigation in China: tort-based litigation to hold carbon emitters accountable in civil law, and administrative litigation against the government to demand better climate regulation. While the first pathway is gaining momentum among Chinese scholars, this article argues that legal barriers to applying tort-based rules to climate change should be fairly acknowledged. The article argues that China's legal framework for environmental impact assessment (EIA) provides more openness and flexibility for the resolution of climate change disputes. Therefore, EIA-based climate lawsuits, which challenge environmental authorities for not adequately taking climate change factors into account in decision-making processes, encounter relatively fewer legal barriers, require less radical legal or institutional reform, and have greater potential to maintain existing legal orders. The regulatory effects produced by EIA-based litigation suggest that the scholarship on climate change litigation in China should take such litigation seriously because it could influence both governments and emitters in undertaking more proactive efforts. This China-based study, with a special focus on judicial practice in the largest developing country, will shine a light on China's contribution to transnational climate litigation.

Finding beneficiaries: trade adjustment assistance system in South Korea

2017 ◽  
Vol 16 (2) ◽  
pp. 92-105 ◽  
Author(s):  
Joon-heon Song
Keyword(s):  
South Korea ◽  
Analytical Framework ◽  
Policy Preferences ◽  
Trade Adjustment Assistance ◽  
Content Type ◽  
South Korean ◽  
Policy Failure ◽  
Short Period ◽  
Trade Adjustment ◽  
The Government

Purpose The purpose of this study is to explore the essential cause for the policy failure of Trade Adjustment Assistance (TAA) in South Korea. Design/methodology/approach To substantiate the claims made for the failure of the policy, this paper focuses on the differences in policy preferences among the government ministries and agencies involved in TAA. Findings The failure in the TAA policy, according to this study, was attributed to the conflicts and miscoordination arising from the differences in policy preferences among government ministries and agencies. To rectify this failure, the South Korean government had to revise its laws and regulations several times over a short period. Originality/value Drawing on the analytical framework of the literature on policy failure, this paper examines the causal relationships between outcomes of TAA policy and the conflicts or miscoordination among government bodies at each stage: initiatives and planning, implementation and operation of the policy.

A review of domestic waste management policy and law in Singapore

2021 ◽  
Vol 24 (1) ◽  
pp. 90-119
Author(s):  
Rosie Syme
Keyword(s):  
Waste Management ◽  
Management System ◽  
Waste Incineration ◽  
Legal Framework ◽  
Management Policy ◽  
Domestic Waste ◽  
Waste Management System ◽  
Waste Management Policy ◽  
Primary Means ◽  
The Government

An effective waste management system is, and has always been, essential infrastructure, particularly given the potential for waste to adversely impact the surrounding environment. In recent decades, however, there has been growing awareness of the scale, breadth and immediacy of those adverse impacts, and of the unsustainability of the enormous (and increasing) amount of waste society generates. Governments around the world have mobilised and there has been a widespread shift towards policies promoting circular economies, waste minimisation and maximised resource efficiency. Singapore is a case in point; despite having a traditionally high waste output and a waste management system dependent on waste incineration as the primary means of disposal, Singapore has committed to a zero waste future. This article presents a review of domestic waste management policy and law in Singapore. Several gaps in the legal framework are identified and considered against the broader context, leading to the conclusion that there is a material environmental vulnerability in the legal framework that should be redressed in order to entrench environmental protections and to align the law with Singapore's policy ambitions. Notwithstanding this deficiency, it is hard not to be optimistic about the future of domestic waste management in Singapore, as the government has made an ambitious policy commitment and appears to be pursuing it with vigour.

An Analysis of Political Rights Situation during Musharraf Regime (1999-2004)

2017 ◽  
Vol 1 (1) ◽  
pp. 20-31
Author(s):  
Manzoor Naazer ◽  
Amna Mahmood ◽  
Shughla Ashfaq
Keyword(s):  
Legal Framework ◽  
The Political ◽  
Political Rights ◽  
Meaningful Change ◽  
Freedom Of Association ◽  
Political Leaders ◽  
Authoritarian Rule ◽  
Political Activities ◽  
Democratic Rule ◽  
The Government

The paper scrutinizes the political rights situation during the first five years (1999-2004) of Pervaiz Musharraf era. Musharraf had come into power after army had revolted over his dismissal as army chief by the prime minister. He strove to project soft image of his government to get legitimacy within the country and recognition from the outside world, particularly the West. He portrayed himself as a liberal leader and later also propagated his idea of “enlightened moderation” as a panacea for the miseries of the Muslim world. Despite his overtures, the political rights situation became bleak during his military rule and no meaningful change took place even during the first two years after country returned to “democratic rule.” Musharraf government denied people of their political rights to prolong his authoritarian rule. His rule was characterized by: arbitrary arrests and imprisonments of political leaders; repression of political activities; imposition of forced exile; political victimization in the name of accountability; attacks on rights to elect the government; military’s direct grip over affairs of state despite transition to the civilian rule; intimidation of opposition over legal framework order; and limitations on freedom of association.

SWOT APPLICATION ON DETERMINING SHIP YARD DEVELOPMENT STRATEGIES: A CASE STUDY

JOURNAL ASRO ◽  
2019 ◽  
Vol 10 (3) ◽  
pp. 37
Author(s):  
Ikhwan Syahtaria ◽  
Sukarno Sukarno ◽  
Ali Mashudi ◽  
Edy Widodo
Keyword(s):  
Human Resources ◽  
Development Strategy ◽  
Swot Analysis ◽  
Shipping Industry ◽  
Rapid Progress ◽  
Ship Building ◽  
Sea Transportation ◽  
Qualitative Descriptive ◽  
The Government

Sea transportation is a major factor connecting the islands of Indonesia which has strategic and important value in supporting the sustainability of the national economy. Along with the government's policy on the sea highway program and the development of the domestic shipping industry, the growth of the commercial fleet, especially vessels, is currently experiencing rapid progress. In supporting the government program and the demand for reparation and procurement of new ships in domestic production, readiness is required from the shipyard. However, the current condition of the shipyard is only able to meet 83% of the demand for new shipbuilding so that the shipyard still needs to be developed in order to improve its capabilities, so that it can meet the needs and be able to carry out its functions in accordance with the progress of shipping technology. In this study discusses the strategy of developing shipbuilding using qualitative descriptive methods and quantitative SWOT analysis. In this case study shipyard development strategy by increasing the ability of shipyards to meet the demands of ship building by increasing supporting facilities and accompanied by increasing the ability of human resources in the mastery of science and technology. Besides also by conducting cooperation with the domestic shipping industry in the procurement of supporting partsKeywords: Shipyard, Maintenence, SWOT Analysis, Developmen Strategy

scholarly journals Markets: State Franchise Laws, Dealer Terminations, and the Auto Crisis

2010 ◽  
Vol 24 (3) ◽  
pp. 233-250 ◽  
Author(s):  
Francine Lafontaine ◽  
Fiona Scott Morton
Keyword(s):  
Market Share ◽  
State Level ◽  
Legal Framework ◽  
The State ◽  
General Motors ◽  
Current Crisis ◽  
State Laws ◽  
Distribution Costs ◽  
Retail Prices ◽  
The Government

In fall 2008, General Motors and Chrysler were both on the brink of bankruptcy, and Ford was not far behind. As the government stepped in and restructuring began, GM and Chrysler announced their plan to terminate about 2,200 dealerships. In this paper, we first provide an overview of franchising in car distribution, how it came about, and the legal framework within which it functions. States earn about 20 percent of all state sales taxes from auto dealers. As a result, new car dealerships, and especially local or state car dealership associations, have been able to exert influence over local legislatures. This has led to a set of state laws that almost guarantee dealership profitability and survival—albeit at the expense of manufacturer profits. Available evidence and theory suggests that as a result of these laws, distribution costs and retail prices are higher than they otherwise would be; and this is particularly true for Detroit's Big Three car manufacturers—which is likely a factor contributing to their losses in market share vis-à-vis other manufacturers. After discussing the evidence on the effects of the car franchise laws on dealer profit and car prices, we turn to the interaction of the franchise laws and manufacturers' response to the auto crisis. Last, we consider what car distribution might be like if there were no constraints on organization. We conclude that although the state-level franchise laws came about for a reason, the current crisis perhaps provides an opportunity to reconsider the kind of regulatory framework that would best serve consumers, rather than carmakers or car dealers.

Placing sustainable development at the heart of government in the UK: the role of law in the evolution of sustainable development as the central organising principle of government

Legal Studies ◽  
2002 ◽  
Vol 22 (4) ◽  
pp. 578-601 ◽  
Author(s):  
Victoria Jenkins
Keyword(s):  
Sustainable Development ◽  
Audit Committee ◽  
Legal Framework ◽  
Legal Obligations ◽  
Statutory Duty ◽  
The Government ◽  
The Uk ◽  
Clear Statement ◽  
Close Investigation

The government has made a commitment to ensure that sustainable development is placed at the heart of decision-making. The UK's strategy has primarily involved the development of voluntary measures to achieve sustainable development in policy-making. These measures are monitored by a Sustainable Development Commission and, most importantly, a parliamentary Environmental Audit Committee. However, a number of public bodies also have a statutory duty in respect of sustainable development. These duties do not create enforceable legal obligations, but may have significant value as a clear statement of policy on the achievement of sustainable development – providing political leadership at the highest level. It is essential to this aim that the government provides a clear message regarding the objective of sustainable development. However, close investigation of these duties reveals not only a partial legal framework, but a number of inconsistencies in the government's approach to the achievement of sustainable development.

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