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Research Article
The Religio-Political Biography of Prophet Muhammad (PBUH): Philosophy, Ethics and Lessons
Mohammad Mushfequr Rahman
Issue:
Volume 6, Issue 4, December 2023
Pages:
254-261
Received:
20 October 2023
Accepted:
8 November 2023
Published:
17 November 2023
Abstract: This essay aims to understand the nature of prophetic life as a prophet. It discusses the role of the prophet in various capacities not restricted to a spiritual or religious reformer. It considers the role of the prophet mainly religio-political and establishes the link between Islamic religion and politics while providing detailed information on the essential features of political Islam. It also discusses ways in which the prophetic biography can be emulated today. It looks at how the prophet initiated a spiritual call completing it into a political, social, and economic paradigm. The writer demonstrates that prophetic biography was not only personal Islam but also political Islam, that is when there are enough able sincere Islam adhering Muslims suitable to form a polity then political Islam shall be the framework for this Muslim polity. The research has been analytically historical and sociological in nature referring to classical Islamic history books as there isn't much specific biographical data about the Islamic Prophet found in the Quran. Thus, the majority of prophet Muhammad's biography that the Islamic tradition maintains is found outside of the Quran in the literature referred to as seerah (Arabic for "biography"). The Kitab al-maghazi, or "Book of [the Prophet's] Military Expeditions," written by Muḥammad ibn Isḥaq (d. 767–768) is arguably the most influential work in the genre. But this work only survives in later reworkings and abridgments, the most well-known of which is Seerat Muḥammad rasul Allah (the "Life of Muhammad, the Messenger of God") by Abd al-Malik ibn Hisham (d. 833–834).
Abstract: This essay aims to understand the nature of prophetic life as a prophet. It discusses the role of the prophet in various capacities not restricted to a spiritual or religious reformer. It considers the role of the prophet mainly religio-political and establishes the link between Islamic religion and politics while providing detailed information on ...
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Research Article
Analysis of Several Revisions of GENCON 2022
Cheng Zhenlin,
Zhang Yizhen,
Yang Chaoyang*
Issue:
Volume 6, Issue 4, December 2023
Pages:
262-267
Received:
30 October 2023
Accepted:
15 November 2023
Published:
24 November 2023
Abstract: The changes in the shipping market have made GENCON 1994, the most widely used voyage charter party, no longer able to meet the balance of rights and obligations between the contracting parties, and also unable to provide sufficient guidance and assistance for businesses which are unfamiliar with British law to avoid legal risks. Therefore, BIMCO has developed GENCON2022 to meet industry needs, but the practical application of GENCON2022 needs to be based on the analysis of changes in GENCON 2022. This article selects clause 1, clause 2, clause 3, as well as the freight clause and strike clause, that have been modified in GENCON 2022, and compares them with the relevant clauses of GENCON 1994 to analyze the consequences of the changes in GENCON 2022 clauses and the new relationship between the rights and obligations of shipowners and charterers behind them, in order to provide some suggestions for the practical use of GENCON 2022. Specifically, clause 1 of GENCON 2022 sets a precedent for shipowners to avoid the confirmation of the Pacific Voyager case; clause 2 sets a new balance between the rights and obligations of shipowners and charterers; The freight clause cancels the payment method of prepaid freight; The strike clause simplifies the rights and obligations of both parties during a strike, provides more economic compensation to shipowners, and reserves the right to use the ship for the charterer in extreme situations where the strike lasts for an unreasonably long time. In conclusion, GENCON 2022 makes up the shortcomings of GENCON 1994, while maintaining the tendency of protecting shipowners’ rights. Shipowners and charterers should pay attention to the changes in the terms of GENCON 2022 in order to avoid disputes.
Abstract: The changes in the shipping market have made GENCON 1994, the most widely used voyage charter party, no longer able to meet the balance of rights and obligations between the contracting parties, and also unable to provide sufficient guidance and assistance for businesses which are unfamiliar with British law to avoid legal risks. Therefore, BIMCO h...
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Research Article
A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh
Issue:
Volume 6, Issue 4, December 2023
Pages:
268-273
Received:
20 September 2023
Accepted:
23 October 2023
Published:
29 November 2023
Abstract: The Economic, Social and Cultural Rights cover most of the basic needs of human beings and in some cases, they are related to the core existence of human beings. But these are declared to be judicially non-enforceable in the constitutions of many states including ours. Interestingly the courts have been playing a very positive role in direct or indirect enforcement and progressive realization of these rights. As we are signing parties to many international human right treaties, we have a responsibility to comply with the provisions of the treaties that guide the enforcement or at least obliges states to take all appropriate steps, to the maximum of its available resources, to progressively achieve the full realization of the rights recognized in the treaties. The objectives of this paper are to convey a general idea on Economic, Social and Cultural Rights, a brief description of national and international documents containing these rights and mechanisms for the judicial enforcement of these rights especially the role of courts in this sub-continent and that of Bangladesh. As the work is qualitative in nature, to collect data, resorts have been taken to different national and international law journals, law books, different international treaties and so on. Therefore, a number of cases have been referred here showing the court’s approach in liberal interpretation of these rights.
Abstract: The Economic, Social and Cultural Rights cover most of the basic needs of human beings and in some cases, they are related to the core existence of human beings. But these are declared to be judicially non-enforceable in the constitutions of many states including ours. Interestingly the courts have been playing a very positive role in direct or ind...
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Research Article
Criminal Law Expansion and the Enemy Criminal Law: It Is Among Us
Carlos Augusto Machado de Brito
Issue:
Volume 6, Issue 4, December 2023
Pages:
274-282
Received:
21 September 2023
Accepted:
10 November 2023
Published:
6 December 2023
Abstract: The present article aims at analyzing what is understood by expansion of the criminal law. This expression was coined by the Spanish penalist Jesus Maria Sanches. We will reflect on the consequences brought by the post-industrial society to the field of criminal law with its evolutions and influences on the punitive system according to its applicability having as a measure the restrictive penalty of law and the flexibility of the citizen's guarantees, whether for more or less, depending on the seriousness of the criminal act committed. In this context we will examine what characterizes the expansion movements and its consequent punitivism that came with the birth of the enemy criminal law theory which was developed by Günther Jakobs. A brief biography of this author will be exposed then we will pass on to the analysis of his penal functionalism in which the enemy criminal law is inserted. We will identify who the enemy is in relation to what the citizen is; how the enemy expresses himself within the criminal law and its reflections in the criminal legislative production, especially the Brazilian one. In order to develop this work we applied the deductive scientific method together with the hermeneutical method and as such it can be classified as an explanatory research because it is a theoretical approach of the proposed theme.
Abstract: The present article aims at analyzing what is understood by expansion of the criminal law. This expression was coined by the Spanish penalist Jesus Maria Sanches. We will reflect on the consequences brought by the post-industrial society to the field of criminal law with its evolutions and influences on the punitive system according to its applicab...
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Research Article
On the Effect of the Abolition of the Exemption from Liability for Nautical Fault in the Rotterdam Rules
Wanqian Luo,
Yizhen Zhang,
Chaoyang Yang
Issue:
Volume 6, Issue 4, December 2023
Pages:
283-292
Received:
15 November 2023
Accepted:
6 December 2023
Published:
18 December 2023
Abstract: Whether to cancel the nautical fault exemption has always been the focus of discussion in the international shipping circles. There have always been two views in the field of maritime law: abolishing and retaining the nautical fault exemption. The Rotterdam Rules, on the surface, abolished the nautical fault exemption, but in practice, the burden of proof was borne by consignee, which to some extent retained the exemption. The Rotterdam Rules, as a highly comprehensive international convention, have received much attention since its introduction. The provisions on the abolition of maritime fault exemption are the focus of attention, so it is also very meaningful to study the core of the Rotterdam Rules, namely the preservation or abolition of the maritime fault exemption system. This article analyzes the principle of carrier liability, and discusses the views of abolishing and retaining the exemption from maritime fault in the Rotterdam Rules, in order to study the impact of abolishing the exemption from maritime fault in the Rotterdam Rules. In addition, the article also proposes solutions to the issue of carrier liability principle in the Rotterdam Rules. Identify the loopholes in the opposing views of canceling or retaining the exemption for maritime negligence, and refute them, demonstrating that both views are partially reasonable and not entirely reasonable. And various cases were listed, reflecting the measures taken by British courts to address the issues arising from maritime fault exemption.
Abstract: Whether to cancel the nautical fault exemption has always been the focus of discussion in the international shipping circles. There have always been two views in the field of maritime law: abolishing and retaining the nautical fault exemption. The Rotterdam Rules, on the surface, abolished the nautical fault exemption, but in practice, the burden o...
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Research Article
On the Copyright Protection of Creation Produced by Artificial Intelligence
Issue:
Volume 6, Issue 4, December 2023
Pages:
293-297
Received:
11 November 2023
Accepted:
4 December 2023
Published:
26 December 2023
Abstract: The development of artificial intelligence has posed significant challenges to the traditional copyright system. While some AI creations already meet the current legal requirements for originality, there are still obstacles in granting copyright protection to AI creations, such as the use of "human" as constituent elements and the denial of AI's legal personality. Without copyright protection for AI creations, there will be a proliferation of "orphan works" and "ownerless works," which not only discourages creativity but also may lead to widespread infringement in this field. To overcome these challenges, adjustments should be made in the laws of various countries in several aspects. First, it is necessary to moderately adjust the criteria for judging the originality of works, basing the judgment on the content itself and creating originality standards suitable for AI-generated works. Second, a copyright registration system for AI creations should be established to provide a clear framework for identifying and protecting these works. Finally, from the perspective of legal personification granted by the law, the copyright of AI creations can be attributed to the AI itself at the appropriate time, acknowledging the unique creative contribution of AI systems. These adjustments will help better address the copyright protection needs in the era of artificial intelligence and ensure a balanced and effective legal framework for AI-generated works.
Abstract: The development of artificial intelligence has posed significant challenges to the traditional copyright system. While some AI creations already meet the current legal requirements for originality, there are still obstacles in granting copyright protection to AI creations, such as the use of "human" as constituent elements and the denial of AI's le...
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