-
Engineering Game Theory Towards Energy Transition Using Shariah Jurisprudence Developmental Framework Based on Ethical Decision-Making
Issue:
Volume 6, Issue 2, June 2023
Pages:
112-119
Received:
16 March 2023
Accepted:
1 April 2023
Published:
15 April 2023
Abstract: Green hydrogen is a technological product of philosophy from environmental impact assessment. The paradigm shift to renewables is a form of energy transition to target carbon emission reduction of greenhouse gases. Sustainable development is a monetary framework of business innovation of goods and services. However, there are apparent limitations on electricity production, hence, issues can be raised concerning energy laws of business transactions pertaining to services. This paper is designed to address problems on commercial laws and illustrate game theory modellings of ethical decision-making and shariah jurisprudence method towards interpretation of statutory laws for renewable energies and thus, develop an equation for elucidation of its economic impacts along with 2050 planning of storage capacity for renewable power percentage of energy transition. Hamburg to Rotterdam Rules are legal instruments of business transactions pertaining to transportation laws of goods under agreements. Meanwhile, statutory interpretation serves as an illustration of legislative framework formulated for public welfare and safety, in harmony with constitutional laws. Electricity regulations are statutory laws for reflexive judgement of energy equation concerning economics based on game theory. Therefore, the energy transition in alignment with Renewable Energy (Electricity) Bill 2000 (Cth) is predicted to meet the 2050 plan of zero emission target.
Abstract: Green hydrogen is a technological product of philosophy from environmental impact assessment. The paradigm shift to renewables is a form of energy transition to target carbon emission reduction of greenhouse gases. Sustainable development is a monetary framework of business innovation of goods and services. However, there are apparent limitations o...
Show More
-
Forensic Pathological Study of 115 Deaths in Custody in China
Xinshan Chen,
Jinshui Lei,
Cheng Lv,
Kaiyi Liu,
Jie Yan
Issue:
Volume 6, Issue 2, June 2023
Pages:
120-123
Received:
1 February 2023
Accepted:
24 February 2023
Published:
20 April 2023
Abstract: Deaths in custody or during contact with law enforcement attract considerable public concern. A retrospective study was undertaken involving 115 autopsied cases of people who died in custody from 2000 to 2009. The cases are from the files of the Department of Forensic Pathology, Tongji Medical College, HUST, Wuhan. There was a preponderance of males (113 cases) with only two (2) deaths of women. The age range of the males was from 15 to 77 years. 96 (83.5%) of these males were young adults ranging in age from 20 to 49 year. 70 (60.9%) were peasants. The interval between death and autopsy of 53 (46.1%) cases was within 48 h. Of the 111 cases with known causes of death, most of them (83 cases, 72.1%) died of natural disease and the remainder were violent deaths. Regarding the manner of death: 83 cases were natural deaths, of which 39 (47%) were from cardiovascular disease; 23 cases were suicide; 5 cases were accidental death; 4 cases were undetermined. These data are consistent with the fact that most criminal offenders are young adult men and that the main causes of death in custody are natural. Suicide is a well recognized phenomenon amongst deaths in custody globally and prevention of suicide is a significant challenge for custodial authorities. It is suggested that all police and law enforcement units should strengthen efforts to prevent and manage natural disease in custody.
Abstract: Deaths in custody or during contact with law enforcement attract considerable public concern. A retrospective study was undertaken involving 115 autopsied cases of people who died in custody from 2000 to 2009. The cases are from the files of the Department of Forensic Pathology, Tongji Medical College, HUST, Wuhan. There was a preponderance of male...
Show More
-
Critical Reflection on the Rights of Creditors in Case of Insufficiency of Assets in OHADA Collective Procedures Law
Hilarion Kontchop,
Edith Nadège Fopa Tsala
Issue:
Volume 6, Issue 2, June 2023
Pages:
124-129
Received:
27 March 2023
Accepted:
14 April 2023
Published:
24 April 2023
Abstract: The procedure of liquidation of assets can be closed for the extinction of liabilities or for insufficient assets. The court may then, at the request of any interested person or ex officio, at any time during the proceedings and after a report by the official receiver, close the proceedings. In case of insufficiency of assets, the business disappears and, perhaps, the hope of any payment to creditors as well. For a long time, it was accepted that the closure for lack of assets allows creditors to resume individual proceedings against the debtor, especially if the latter returns to better circumstances. This traditional solution has been abandoned. According to OHADA Uniform Act on the organisation of collective procedures for the settlement of liabilities, revised on 10 December 2015, closure for insufficiency of assets no longer automatically gives creditors the right to take individual action. Thus, when a liquidation leads to a shortage of assets, the satisfaction of creditors remains uncertain. The objective of this study is to show that despite this reform, the protection of creditors’ rights has not changed significantly in the event of insufficient assets. Indeed, any possible recourse to the recovery of their claims remains paralysed by certain measures that infringe their rights. The infringements can be described as severe or moderate depending on the case.
Abstract: The procedure of liquidation of assets can be closed for the extinction of liabilities or for insufficient assets. The court may then, at the request of any interested person or ex officio, at any time during the proceedings and after a report by the official receiver, close the proceedings. In case of insufficiency of assets, the business disappea...
Show More
-
A Review of Constitutional Safeguards for Anti – Corruption in Nigeria
Ufuoma Veronica Awhefeada
Issue:
Volume 6, Issue 2, June 2023
Pages:
130-143
Received:
14 April 2023
Accepted:
2 May 2023
Published:
10 May 2023
Abstract: The humongous scale and all-encompassing character of corruption in Nigeria makes a constant evaluation of the laws, principles and organs of state geared towards its eradication imperative. The starting point in any such endeavour is the 1999 Constitution which is the basic law that gives validity to all other laws and institutions in the country. This paper examines the broad framework provided under Section 15 of the constitution which provides that the state shall abolish all corrupt practices and abuse of power. This provision serves as the foundation for all laws, principles, and institutions aimed at eradicating corruption. This piece therefore, examines all other constitutional provisions, principles and measures as well as other legislation pursuant to the said Section 15 to combat the scourge of corruption in. The gaps and challenges in all the relevant provisions and laws are identified and it is emphasized that these laws must be updated to reflect modern needs and realities. The paper finds that the mechanisms of anti-corruption in Nigeria are extensive and if the identified shortcomings are remedied, this will result in stronger institutions which will be better equipped to halt the escalating propensity which corruption has assumed in Nigeria.
Abstract: The humongous scale and all-encompassing character of corruption in Nigeria makes a constant evaluation of the laws, principles and organs of state geared towards its eradication imperative. The starting point in any such endeavour is the 1999 Constitution which is the basic law that gives validity to all other laws and institutions in the country....
Show More
-
Rationalising the Political: The Concept of Interest in Postmodern Public Law
Issue:
Volume 6, Issue 2, June 2023
Pages:
144-154
Received:
17 March 2023
Accepted:
4 May 2023
Published:
17 May 2023
Abstract: References to public interest are abundant in legal scholarship, jurisprudence, and legislation. However, the meaning of interest still remains rather a common sense idea without legible standards or criteria. The article offers to conceptualize it in a broader socio-historical context, as this concept cannot be treated in isolation from the evolution of the Western scientific paradigm that aspires to rationalize the world, to rationally explain and construct a cognitive map of both social and natural environments. To explore the history of “interest” in law means to grasp and reconstruct the phases of the fundamental revolution that legal thought has undergone since the mid-XVIII century. The article offers a bird-eye view of how the concept of interest gained currency and infiltrated law. This evolutionary perspective could explain certain coherence and similarity of various meanings proposed for the concept of interest in case law and scholarship. The article argues that interest becomes socially recognizable and viable when it is perceived and interpreted as such. It acquires validity in legal argumentation if it fits into the cultural schemata of legal framing. The article purports to deconstruct interest as a category. It argues that three key assumptions underpin the concept: (1) interests are social constructs; (2) interests are generated by argumentation (to qualify as interest an existing or perceived good, purpose, motive, aspiration, or claim requires argumentation that triggers “frames of interest” - cognitive representations and constructs); (3) interests are vehicles whereby normative ideas of justice, society, and the world, generated and validated by other normative orders, are adapted, legitimized and incorporated into law. The article discusses the practical implications of these assumptions. In a judicial proceeding, public interest analysis should explore the central organizing idea of a public interest argumentation against three analytical components: (1) substantive (refers to the interest analysis); (2) quantitative (refers to the “society”/ “public” analysis); and (3) qualitative (refers to analysis focusing on whether the argumentation triggers cognitive representations and constructs that reference moral principles). Finally, the reconceptualization of interest as a social construct can shed new light on legal argumentation and the so-called “five I-s of legal reasoning”: intuitiveness, incidentality, indeterminacy, ideology, and irrationality. Though indeed often intuition-driven, interest as a social construct that fits into legal framing is not incidental, indeterminate, or irrational. Incrementing and unfolding via interaction and competition with discourses and legal frames, interests bring in certainty, predictability, and determinacy to open-ended concepts of law.
Abstract: References to public interest are abundant in legal scholarship, jurisprudence, and legislation. However, the meaning of interest still remains rather a common sense idea without legible standards or criteria. The article offers to conceptualize it in a broader socio-historical context, as this concept cannot be treated in isolation from the evolut...
Show More
-
Factors Affecting the Diffusion of Printing Ink (Mud)
Li Zhenzhen,
Fan Meiqing,
Han Huibin,
Huang Zhipeng,
Li Qing
Issue:
Volume 6, Issue 2, June 2023
Pages:
155-160
Received:
22 April 2023
Accepted:
9 May 2023
Published:
17 May 2023
Abstract: At present, with the growing demand for document production time identification at home and abroad, a large number of acts of forgery of document production time have emerged in the judicial identification activities, which has brought great challenges to the document judicial identification work and judicial trial. In order to meet this challenge, ensure the accuracy of document production time inspection results, and solve the problem of the time for the formation of seal, fingerprint and impression on documents. The author uses direct contact between ink (mud) and paper, the diffusion area, shape and overall speed of ink (mud) molecules were observed under the fluorescence with wavelength of 645-695nm. Combined with the factors affecting the diffusion change of ink (mud) molecules, the relative formation time of stamped seal, fingerprint and imprint on paper was judged by the diffusion area and overall speed of oil marks, and the differences were distinguished by the diffusion shape and physical and chemical analysis. (slurries). The analysis results not only help us understand the various factors that affect the diffusion form and speed of ink (mud), but also solve the relative formation time of stamped and imprinted fingerprints and imprints on paper, distinguish the diffusion form and type of different seal imprints, and distinguish the composition of ink.
Abstract: At present, with the growing demand for document production time identification at home and abroad, a large number of acts of forgery of document production time have emerged in the judicial identification activities, which has brought great challenges to the document judicial identification work and judicial trial. In order to meet this challenge,...
Show More
-
Operation of the Doctrine of Sovereign Immunity in Contemporary World: Nigeria in Focus
Babalola Abegunde,
Zacheaus Femi Ogunlade,
Kayode Adetifa
Issue:
Volume 6, Issue 2, June 2023
Pages:
161-167
Received:
6 April 2021
Accepted:
21 August 2021
Published:
15 June 2023
Abstract: In Nigeria, the sovereign power resides in the people, hence, Section 14 (2) (a) of 1999 Constitution provides that: “Sovereignty belongs to the people of Nigeria from whom the government through this Constitution derives all its power and authority.” In Nigeria, the people are the sovereign and the people exercise sovereignty through their electoral vote, and by way of constitutional government in accordance with the Constitution which is the express will of the people for the regulation of government and national life. The provisions of the Constitution are binding on all authorities and persons throughout Nigeria. The sovereignty of the people is called constitutional sovereignty. However, people usually confer upon an elected sovereign all the rights necessary to ensure peace and protection for each member of the society. Immunity is the exemption of a person or body from legal proceedings or liability. This paper examined inter-alia, the concept of sovereign immunity, which shields the actions of state in respect of its domestic affairs. This is deskbased research which relies on both primary and secondary sources of data. This paper reveals that the concept is no longer immutable in the contemporary time. The paper rounds up with concluding remarks.
Abstract: In Nigeria, the sovereign power resides in the people, hence, Section 14 (2) (a) of 1999 Constitution provides that: “Sovereignty belongs to the people of Nigeria from whom the government through this Constitution derives all its power and authority.” In Nigeria, the people are the sovereign and the people exercise sovereignty through their elector...
Show More
-
Reconsidering the Status and Rights of Climate Refugees Under International Law
Kujo Elias McDave,
Palmer Prince Dagadu
Issue:
Volume 6, Issue 2, June 2023
Pages:
168-172
Received:
7 May 2023
Accepted:
15 June 2023
Published:
27 June 2023
Abstract: In recent years, much ink has been spilled over legal and policy initiatives concerning climate change. While the argument about the most responsive, acceptable, and equitable way to manage our changing environment continues, a secondary concern is emerging. As the effects of our changing climate become more widely and deeply felt, climate change is increasingly being blamed for the relocation of individuals, communities, and, in some cases, entire nations. However, the struggle of those been displaced otherwise known as climate refugees goes mostly unnoticed and unsupported by the international community and poses serious legal difficulties for international law. The causing and escalating of mass migrations of people as a result of both short-term and long-term climatic disasters are mostly lacking in the mainstream public discourse. The issue of how to regulate and protect climate refugees is complex, and the answer will rely on how well each state can adapt to the changing environment. Studies predict that as many as 250 million people would have been displaced by the year 2050 either internally or across the borders because of climate change and this needs an utmost and urgent solution. However, it must be noted that the solution to this problem lies not only in terms of the determination to solve this issue but also a resolute to amend the legal regime underlying the challenge. Current legal frameworks are ambiguous as to whether and to what extent climate refugees should be protected under international law. The historic ruling of the United Nation Human Rights Committee in Ioane Teitiota v. New Zealand further increased academic interest in the matter and the increasing numbers climate refugees underscore the importance of this topic. The paper highlights the plight of climate refugees and suggests how the current protection gap in international law might be remedied. It proposes a creation of an international refugee protection framework that includes the recognition and protections for climate refugees. The proposed framework should create obligations to deal with both prevention and remediation of the climate refugee problem by establishing guarantees of human rights protections and humanitarian aid for climate refugees. It should also spread the burden of fulfilling those guarantees across the home state, host state, and international community and should also form institutions to implement the provisions within this framework.
Abstract: In recent years, much ink has been spilled over legal and policy initiatives concerning climate change. While the argument about the most responsive, acceptable, and equitable way to manage our changing environment continues, a secondary concern is emerging. As the effects of our changing climate become more widely and deeply felt, climate change i...
Show More
