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Traumatic Developments and Psychopathic Personality: Example Through an Individual Case
Alessandra Stringi,
Vincenzo Caretti
Issue:
Volume 4, Issue 4, December 2021
Pages:
229-243
Received:
11 August 2021
Accepted:
22 September 2021
Published:
12 October 2021
Abstract: In this work the authors want to offer a reading perspective that clarifies the dimensions underlying the development of a disturbed psychopathic personality. A relationship of dismissing/avoiding representation of attachment, together with emotional and physical abuse experiences and neglect, predispose to a dysfunctional answer to trauma and negative life experiences, reducing the individual resilience and encouraging the development of empathic inability and impulsivity. These aspects represent the expression of difficulty in modulating one's internal emotional states in a congruous manner to life contexts and social situations. Theorical constructs of reference used in this work are illustrated, regarding a psychopathy case, observed through the use of psychological tests. Through the TEC (Traumatic Experiences Checklist of Nijnhuis, Van der Hart and Vanderlinden) potentially traumatic events are investigated. Psychological functioning is observed through the PCL - R (Psychopathy Check List - Revised by Hare) interview, the outcome of which is compared to the scores of the MMPI - 2 (Minnesota Multiphasic Personality Inventory) by Hathaway and McKinley and DES (Dissociative Experience Scale by Eve, Carlson & Putnam). The global assessment of the personality profile also takes into account the mental state with respect to attachment with AAI (Adult Attachment Interview by George, Kaplan & Main; Main, Goldwyn & Hesse, to qualitatively investigate early relationships with the primary caregivers.
Abstract: In this work the authors want to offer a reading perspective that clarifies the dimensions underlying the development of a disturbed psychopathic personality. A relationship of dismissing/avoiding representation of attachment, together with emotional and physical abuse experiences and neglect, predispose to a dysfunctional answer to trauma and nega...
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Analysis on the Civil Liability of Third-Party Ship Management
Zeng Luling,
Ni Zhangfeng,
Jiang Zhengxiong,
Wang Deling
Issue:
Volume 4, Issue 4, December 2021
Pages:
244-253
Received:
19 September 2021
Accepted:
20 October 2021
Published:
29 October 2021
Abstract: Third-party ship management is the management of ships by professional companies independent of shipowners and charterers. It is the result of the mature development of the international shipping industry and the refinement of the division of labor in the industry. Since its emergence in the 1950s, it has played an increasingly important role in improving the flexibility of ship operations, reducing ship operating costs, and improving the level of professional services. In China, it has only been about 21 years since the first ship management company was born, and the whole industry is still in the process of exploration. The relevant legal provisions are not sufficiently clear. Theoretical studies on ship managers have also focused on management strategies and less on civil legal liability. To better understand the legal liability of ship managers, this paper identifies the concept and characteristics of ship managers based on the fundamental theories of civil law. The civil liability of ship managers is discussed in terms of breach of contract, tort, and contract negligence, taking shipping practice and standard agreements into account. According to the different legal provisions and judicial practice, it is proved that the liability of ship managers is becoming increasingly strict. They must be partially responsible for the safe and proper operation of the ship, and the legal status is not only as of the shipowner's agent. The paper also analyses the situations where the ship manager may not benefit from the limitation of liability and suggests that this should be considered in the management agreement or legal regime.
Abstract: Third-party ship management is the management of ships by professional companies independent of shipowners and charterers. It is the result of the mature development of the international shipping industry and the refinement of the division of labor in the industry. Since its emergence in the 1950s, it has played an increasingly important role in im...
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The Devastating Impact of Gender Discrimination on Shared Parental Leave in the UK
Issue:
Volume 4, Issue 4, December 2021
Pages:
254-261
Received:
9 October 2021
Accepted:
29 October 2021
Published:
5 November 2021
Abstract: This research explores the impact of gender discrimination in the workplace on the uptake of shared parental leave (SPL). It highlights how continuous gender discrimination in the workplace is negatively impacting the take-up of SPL. While SPL aimed to drive gender equality, very little success has been recorded. Twenty semi-structured interviews were conducted with twenty mothers and fathers who had a child (ren) on or after the 5th of April 2015 to understand how decades of gender inequality in the workplace might have impacted their decisions on SPL. The study found that the slow impact SPL is having on gender equality is due to the nature of the policy and the support available in the workplace. All the participants were generally excited about SPL and their interest in SPL, workplace practices, and support were key to their decision on SPL. However, there were still experiences of discrimination in the workplace. Participants felt that policies on SPL were complex and difficult to understand and needed employers’ support to understand how it would work. Some of the participants felt that they were well supported by their employers, and they could benefit from the policy, others felt unsupported. Some of the participants explained that while their employers enhance maternity pay, SPL pay was not enhanced disincentivising them from benefiting from the SPL policy. Some of the fathers interviewed were concerned about the potential impact SPL may have on their careers or what their employers and colleagues may think about them.
Abstract: This research explores the impact of gender discrimination in the workplace on the uptake of shared parental leave (SPL). It highlights how continuous gender discrimination in the workplace is negatively impacting the take-up of SPL. While SPL aimed to drive gender equality, very little success has been recorded. Twenty semi-structured interviews w...
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The Suing Parties of Pure Civil Public Interest Litigation in China Should Not Claim Punitive Damages
Issue:
Volume 4, Issue 4, December 2021
Pages:
262-274
Received:
8 October 2021
Accepted:
1 November 2021
Published:
17 November 2021
Abstract: With the transformation of Chinese society and the development of its economy, many infringements against public interests have occurred. The legal resolution of those disputes is vital to the country’s further growth. In order to fully protect the public welfare, the National legislature of China revised the Civil Procedure Law, and created the system of civil public interest litigation (CPIL). In line with valid laws, the suing parties of CPIL are only entitled to file claims of inaction and claims for actual losses. However, for the purpose of enhancing the effect of punishment, deterrence and thereby better protecting the public interest, as one of the proper suing parties in CPIL, People’s Procuratorates of China have been keen on filing a new type of request to the court---the claim of punitive damages. As for the filed claim of punitive damages, the attitude of judges is polar opposite on it. Some upheld that claim, while others rejected it. The academic circle is roughly divided into two similar mutual opposing groups. So, should the suing parties be authorized to file such claims to the court? The conclusion of this article is: No, they shouldn’t. There are three reasons to support that argument: 1. Legal bases for filing CPIL punitive damages are administrative regulations and judicial explanatory documents. Firstly, for their vague meaning, they possess a low status in China’s law hierarchy, and are incompetent for the assigned job. Secondly, because the function of administrative regulations or judicial explanatory documents is to “patch loopholes in basic systems of civil law”, they actually committed ultra vires in legislative affairs. 2. This topic is constantly plagued by a paradox: if we stick to the developing trend of merely filing claims of inaction and claims for actual losses, it will negatively affect the deterrent and punishing effects of CPIL; on the other hand, if punitive damages are introduced into CPIL, it will certainly cause the confusion of CPIL and the traditional civil litigation for the protection of harmed private interests. 3. The theoretical studies of punitive damages for harmed public welfare is far from perfect. This awkward status quo is reflected in a train of conundrums yet to be deciphered. As far as this article is concerned, the author mainly used the following research methods such as case analyses, theoretical analyses, and comparative law studies.
Abstract: With the transformation of Chinese society and the development of its economy, many infringements against public interests have occurred. The legal resolution of those disputes is vital to the country’s further growth. In order to fully protect the public welfare, the National legislature of China revised the Civil Procedure Law, and created the sy...
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The Principle of Distinction in an International Armed Conflict: Organized Armed Groups Not Belonging to a State Party to the Conflict
Issue:
Volume 4, Issue 4, December 2021
Pages:
275-279
Received:
10 October 2021
Accepted:
11 November 2021
Published:
23 November 2021
Abstract: The classification of Non-State Organized Armed Groups participating in a mere International Armed Conflict (IAC) could be troublesome, especially in the absence of a co-existing Non-International Armed Conflict (NIAC). Since this situation is not simply covered by the Geneva Conventions. Under the current legal framework of IHL, an Organized Armed Group classifies as armed forces in an IAC if it belongs to a State Party to the conflict. If not, the Organized Armed Group cannot be considered as armed forces as specified in Article 43 of Additional Protocol I to the Geneva Conventions and may as a result be classified as civilians. This differs from NIACs in which Non-State Organized Armed Groups are considered as armed forces as specified in Common Article 3. In the absence of a co-existent NIAC, the classification is contingent on how the Non-State Organized Armed Group fits in the IAC. This article argues that on the basis of international bodies of law such as the Geneva Conventions, Non-State Organized Armed Groups taking part in a mere IAC should not be considered as taking part in a NIAC, nor should they be classified as civilians taking continuously direct part in hostilities, and lastly nor should they be treated as armed forces as defined in Article 43 (1) of Additional Protocol I to the Geneva Conventions. Rather, the article concludes that Organized Armed Groups taking place in an IAC are classified as armed forces as provided in Common Article 3 and is therefore, also governed by what is known as the ‘mini-convention’ provided in Common Article 3 under customary international law.
Abstract: The classification of Non-State Organized Armed Groups participating in a mere International Armed Conflict (IAC) could be troublesome, especially in the absence of a co-existing Non-International Armed Conflict (NIAC). Since this situation is not simply covered by the Geneva Conventions. Under the current legal framework of IHL, an Organized Armed...
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Brazil and the International Court of Justice: A Necessary Reconciliation
Issue:
Volume 4, Issue 4, December 2021
Pages:
280-292
Received:
29 September 2021
Accepted:
21 October 2021
Published:
25 November 2021
Abstract: In 1948, by not renovating its signature to the mandatory jurisdiction clause set out in Article 36 §2 of the Statute of the International Court of Justice (ICJ), Brazil placed itself at the margin of the most important international tribunal nowadays. This normative is recognized as an advance in international relations in its civilizing historical framework. Therefore, such an attitude denotes an incredulity vis-à-vis international law, in disagreement with the Brazilian fundamental charter of 1988. In its article 4, the Constitution includes governing principles in international relations: the solution to peaceful conflicts, the defense of peace, and the cooperation of peoples for human progress. Consequently, it is fair to think that the 1988 text is relatively receptive to international law, making Brazil’s refractory position to the ICJ inconsistent with the constitutional norm. Thus, the primary purpose of this article is to demonstrate that the arguments invoked to justify the waiving of the jurisdiction clause are unfounded. Theoretically, this article is justified by the need to take a stand in favor of a school of thought that believes in the maintenance of international peace through dialogue, reason, the application of moral principles and institutionalized justice. In order to convince the Brazilian State to reconcile with the ICJ, qualitative, bibliographical, and documentary research will be carried out based on comparative and historical methodological procedures, guided by a deductive approach grounded on the case study. In this regard, the article analyzes ICJ’s historical evolution, studies its role in the international system, and evaluates why the Brazilian State rejected its contentious jurisdiction. In light of the French and North American experiences, which also denounced the clause, the arguments upheld against the Court are critically examined. The conclusion is that the ICJ contributes to world peace by consolidating public international law and that Brazil should, therefore, return to the scope of the United Nations’ jurisdiction.
Abstract: In 1948, by not renovating its signature to the mandatory jurisdiction clause set out in Article 36 §2 of the Statute of the International Court of Justice (ICJ), Brazil placed itself at the margin of the most important international tribunal nowadays. This normative is recognized as an advance in international relations in its civilizing historica...
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Inter-Regional State Boundary Friction Resolution Mechanism Under Federal Constitution of Ethiopia: Principles and Institutions
Issue:
Volume 4, Issue 4, December 2021
Pages:
293-305
Received:
7 October 2021
Accepted:
22 November 2021
Published:
24 December 2021
Abstract: Federalism presupposes the existence a stable territorial boundary of units/ states that exercise their constitutional power and territorial autonomy. Inter-state boundary friction is a kind of contests over territory between two or more states assert sovereign power over one or the same territory; that is an apparent problem in Ethiopia. Boundary contest and misunderstanding is a serious political and human rights issue in federations where territory is potential identity-builders for ethnicities and is viewed as having high inherent values. Similarly, the boundary issue in Ethiopia is characterized by clashes between regional police and security forces and ethnically identified attack and violence between ethnic groups that has also resulted mass killings and person’s displacement in contested boundary areas. Federal Constitution is an important legal framework to regulate the behaviors and actions of the disputed parties and determine the policies and procedures of inter-state border claim and friction resolution. In other words, federal constitution supplants international law and military power and serve as mechanism for interstate coordination and dispute settlement. The purpose of this study was to identify the effective inter-regional boundary friction resolution mechanisms under Federal Constitution of Ethiopia. The study has employed doctrinal legal research using secondary data and revealed the following. First, the study has found eight (8) constitutional principles support peaceful boundary friction resolution in Ethiopia Viz. primacy of federal union, cooperation and dispute settlement, codependence and disablement, federal oversight, sanctity of human rights, inclusive human rights invocation, peaceful coexistence, and rule of law. Ironically, in Ethiopia these constitutionally stipulated principles are not given due emphasis or are ignored and border conflicts are not adequately handled. Second, the study has revealed the need of a comprehensive legislation that proactively determine the nature inter-state border claim and friction resolution procedures and regulate the behaviors and actions of the parties that involve in the process. In this regard, the Federal Government has Legislative power under FDRE constitution. Third, the House of Federation and Administrative Boundaries and identity question Commission are the two inter-state boundary disputes resolution institutions in Ethiopia. However, both of these institutions have limitations in handling boundary disputes effectively- impartially. Finally, the study recommends that the Federal Government to enact comprehensive legislation based on the aforementioned eight principles. Besides, the federal legislator has to reconsider the composition, accountability, transparency of the Administrative Boundaries and Identity Question Commission.
Abstract: Federalism presupposes the existence a stable territorial boundary of units/ states that exercise their constitutional power and territorial autonomy. Inter-state boundary friction is a kind of contests over territory between two or more states assert sovereign power over one or the same territory; that is an apparent problem in Ethiopia. Boundary ...
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Liability for Insolvency (Bankruptcy) of the Debtor in Russia from the 18th to the 21st Centuries
Issue:
Volume 4, Issue 4, December 2021
Pages:
306-309
Received:
17 September 2021
Accepted:
27 December 2021
Published:
31 December 2021
Abstract: The article is devoted to the study of legal responsibility in the field of insolvency (bankruptcy) in Russia during the period from the 18th century to the present day. Within the framework of the study, the author has analyzed peculiarities of the legal norms of Tsarist Russia regulating the liability in the sphere of insolvency (bankruptcy) and considered the categories of debtors. The choice of this historical period is determined by the significant complexity of economic relations and the simultaneous improvement of the legislative sphere, that took place at that time. The article describes the procedure and features of the application of each independent type of insolvency. Additionally, the author describes the Soviet period of the legal regulation of the bankruptcy. The features of unfortunate, negligent and malicious insolvency (bankruptcy) are examined in the article. The author studies the current legislation, which differentiates the debtor’s liability for insolvency (bankruptcy) into criminal, administrative and civil, and highlights the correlation between these types of liability. In addition, the author has carried out a comparative study of legal liability in the sphere of bankruptcy with the help of historical method, identified causes and gaps of legal regulation of liability issues for debtor’s insolvency (bankruptcy).
Abstract: The article is devoted to the study of legal responsibility in the field of insolvency (bankruptcy) in Russia during the period from the 18th century to the present day. Within the framework of the study, the author has analyzed peculiarities of the legal norms of Tsarist Russia regulating the liability in the sphere of insolvency (bankruptcy) and ...
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Challenges and Gaps on Pastoral Land System: Ethiopian Focus
Natinael Lea Kurka,
Tamirat Dela Wotango
Issue:
Volume 4, Issue 4, December 2021
Pages:
310-326
Received:
20 November 2021
Accepted:
29 December 2021
Published:
31 December 2021
Abstract: Pastoral and agro-pastoral areas in eastern Africa and elsewhere on the continent have long been regarded as peripheries, especially in economic terms, but also in terms of social and cultural accomplishment governments do little to formally recognize or integrate pastoral lands as critical parts of rural livelihood systems and economic development models. Instead, many states give preference to other alternatives. Aiming to search for comprehensive suitable policy line for Ethiopian pastoral land system, the study employed qualitative data analysis methodology with primary and secondary sources by comparative approach. Though lowland in Ethiopia holds 60% of total land mass and the future of the nation, the normative and institutional framework is unable to govern adequately in manner to effectively utilize the potential. The failure of national law to recognize the customary rights of pastoralist groups, policy and strategy gaps, lack of registration and certification communal land holding rights put the pastoral tenure un secure and has left those communities highly vulnerable. The main contemporary problem in Ethiopian pastoral societies, however, is that various indigenous forms of tenure that no doubt evolved as indicated above now are increasingly subordinated to unitary national land tenure legislation. The situation in the pastoral areas is either ignored or very superficially treated. The critical thinking and appropriate legal as well as institutional framework with the right policy direction is neccassarily needed by taking lesson, like recognition customery land tenure, enactment of detailed laws which adequately protect the interests of pastoral community, registration and certification of communal holding rights, legitimazing the power of traditional institutions and authorities from successful countries. This can be used as appropraite behicle to eradiction of poverty and shortens the journey towards growth and transformation of the country.
Abstract: Pastoral and agro-pastoral areas in eastern Africa and elsewhere on the continent have long been regarded as peripheries, especially in economic terms, but also in terms of social and cultural accomplishment governments do little to formally recognize or integrate pastoral lands as critical parts of rural livelihood systems and economic development...
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