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Exploration of the Countermeasures for the "Quick Protection" of Intellectual Property in the Pilot Free Trade Zone--Take Nanjing Area as a Case
Issue:
Volume 4, Issue 2, June 2021
Pages:
61-66
Received:
19 March 2021
Accepted:
30 March 2021
Published:
13 April 2021
Abstract: The in-depth improvement of the quick protection of intellectual property rights in the pilot free trade zone is an inherent requirement for the further improvement of the intellectual property protection system in the pilot free trade zone in my country. At present, my country’s pilot free trade zone has made some preliminary explorations in terms of rapid dispute resolution, efficient law enforcement, and rapid authorization. However, there are still some bottlenecks in the rapid protection of intellectual property rights in my country’s pilot free trade zone, which are mainly reflected in the lack of professionalism in the intellectual property trial mechanism; the subject of multiple dispute resolution is not sound and lacks internal cohesive mechanisms; administrative law enforcement is not capable of resolving incidental civil disputes. In order to solve the above problems, It is necessary to categorize and set up secondary departments of my country’s IP Tribunal to improve the trial mechanism according to the characteristics of intellectual property rights; improve the civil and social entities involved in the resolution of intellectual property disputes, and establish a linking mechanism for trial and other dispute resolution methods; strengthen the ability of administrative enforcement of intellectual property rights to resolve civil disputes.
Abstract: The in-depth improvement of the quick protection of intellectual property rights in the pilot free trade zone is an inherent requirement for the further improvement of the intellectual property protection system in the pilot free trade zone in my country. At present, my country’s pilot free trade zone has made some preliminary explorations in terms...
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The AU Debacle with the ICC: The Creation of the African Criminal Court
Issue:
Volume 4, Issue 2, June 2021
Pages:
67-76
Received:
9 March 2021
Accepted:
25 March 2021
Published:
20 April 2021
Abstract: Just like the churning of milk brings forth butter, the same could be said that the African Union (AU) debacle with the International Criminal Court (ICC) led to the creation of the African Criminal Court (ACC). Despite the initial support of the ICC by the AU and it state members during the creation process, the indictment of mostly senior serving African state officials by ICC when it came into force resulted in a devastating and tense relationship between the AU and the ICC. The creation of the ACC therefore was fast tacked by this unfriendly relationship between the AU and the ICC. This article argued that despite the tense relationship, harmonization of certain organs of the ACC and the ICC is necessary in the fight against impunity for the most serious crimes of international concern. In this regard, I examined the legality and legitimacy of the ACC and maintained that despite the immunity provision, it legality is consistent with international law, and accordingly, that the ACC is not the African panacea with respect to the fight against impunity for serious international crimes. Consequently, since the ACC and the ICC shared jurisdictions for the most serious crimes of international concern, harmonization of the ACC and the ICC through complementarity and cooperation will result in the formation of an undefeated tag team to fight against impunity for the most serious crimes affecting the international community.
Abstract: Just like the churning of milk brings forth butter, the same could be said that the African Union (AU) debacle with the International Criminal Court (ICC) led to the creation of the African Criminal Court (ACC). Despite the initial support of the ICC by the AU and it state members during the creation process, the indictment of mostly senior serving...
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Appraising Nigeria’s Supreme Court’s Powers to Review Its Own Judgments
Kingsley Omote Mrabure,
Stella Oloaigbe Idehen
Issue:
Volume 4, Issue 2, June 2021
Pages:
77-82
Received:
27 March 2021
Accepted:
13 April 2021
Published:
26 April 2021
Abstract: The paper appraises the power of review of the Supreme Court on its own judgment in Nigeria and Ghana, that is, judgment delivered by the Court and the judgment of the Court being appealed on by an aggrieved party despite the fact that the Court is one of finality once it delivers its judgment. Two distinctions are made pertaining to this. First, the Court’s powers to review its judgment based accidental slip or omission, clerical error or to vary a judgment or order to give effect to its purpose or intention that occasioned miscarriage of justice. Second, the Court’s power to review, that is, sit as an appellate Court on its judgments. Plethora of Supreme Court judgments in both jurisdictions was examined in dealing with the two germane issues raised. The paper concludes that in respect of the former, such power enures the Court while in case of the latter, such power does not enure it. It calls for amendment of applicable laws so that the Court can sit as an appellate Court on its judgments. It however cautions that this power of review should be rarely exercised unless there exist a clear case of gross miscarriage of justice based on strong compelling facts.
Abstract: The paper appraises the power of review of the Supreme Court on its own judgment in Nigeria and Ghana, that is, judgment delivered by the Court and the judgment of the Court being appealed on by an aggrieved party despite the fact that the Court is one of finality once it delivers its judgment. Two distinctions are made pertaining to this. First, t...
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Digital Forensic Logistics: The Basics of Scientific Theory
Sergey Zuev,
Dmitry Bakhteev
Issue:
Volume 4, Issue 2, June 2021
Pages:
83-88
Received:
6 April 2021
Accepted:
16 April 2021
Published:
26 April 2021
Abstract: Investigations of complex crimes with digital evidence increasingly require the use of modern digital devices and computer programs. Working with big data involves the accumulation, processing, and analysis of forensic information for further algorithmization and modeling of investigative actions, as well as the automation of the organizational activities of investigators. The article substantiates the need for the use of digital forensic logistics to optimize information flows and build the most effective analytical human and computer processing, not excluding the use of artificial intelligence systems. Digital forensic logistics is a sub-branch of digital forensics in the collection, identification, storage, verification, and analysis of data, as well as the generation of electronic evidence for evidence in court. The article provides the main directions of digital forensic logistics, including the logistics of evidence in criminal cases; logistics of the general organization of crime investigation; logistics planning (selection of tools and methods of investigation); logistics of putting forward versions of events; logistics of decisions in criminal matters. It is argued that the efficiency of the entire system will largely depend on the establishment of information flows and the prioritization of tasks. Quality work requires the improvement of applied digital technologies capable of providing the necessary algorithms of the evidentiary process. The use of special software, including the use of artificial intelligence systems, is becoming increasingly relevant. The logistics of making decisions in criminal cases ideally represents an electronic assistant, endowed with artificial intelligence or in the form of a special computer program, capable, based on the determination of the forensic significance of the obtained digital information (electronic evidence), to offer the investigator solutions that can change the course of the investigation and transfer the entire information system in a new state.
Abstract: Investigations of complex crimes with digital evidence increasingly require the use of modern digital devices and computer programs. Working with big data involves the accumulation, processing, and analysis of forensic information for further algorithmization and modeling of investigative actions, as well as the automation of the organizational act...
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Incessant Insecurity in Nigeria: Has the Country Returned to the State of Nature
Omidoyin Taiye Joshua,
Awosusi Bolade Damilola
Issue:
Volume 4, Issue 2, June 2021
Pages:
89-93
Received:
1 April 2021
Accepted:
19 April 2021
Published:
8 May 2021
Abstract: The rate of insecurity in Nigeria does not only call for concern but raises a loud alarm that no one is safe. The unending occurrence of killing, banditry and kidnapping affect all regions of the country and fear grips the mind of citizens, both the rich and the poor. The government at various levels have tried making security policies, giving security a primary attention in the national budget, purchasing sophisticated ammunitions, reshuffling the rank and file in the army, creating regional security outfits and other proactive steps, yet insecurity in the country prevails by the day and government appears to be handicapped in taking charge of internal sovereignty of the country. The government has however, often times, being excused of liability, especially when the cause of death is not directly connected with any of the government’s agencies despite the primary purpose of government is the security and welfare of the citizens. It is in the light of this that the research aims at examining the sole responsibility of government in protecting citizens in the country, and the government’s corresponding liability in this regard. Relying on both primary and secondary of information, the article revealed the failure of the government to protect lives and properties within her territory makes the country drift into a state of nature. It is therefore concluded that citizens have entered a social contract for the sake of their safety and security, the government should henceforth be held responsible for further acts of killings and insecurity in the country.
Abstract: The rate of insecurity in Nigeria does not only call for concern but raises a loud alarm that no one is safe. The unending occurrence of killing, banditry and kidnapping affect all regions of the country and fear grips the mind of citizens, both the rich and the poor. The government at various levels have tried making security policies, giving secu...
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The Reflection and Reconstruction of the Remand for Retrial in the Criminal Retrial Procedure
Issue:
Volume 4, Issue 2, June 2021
Pages:
94-99
Received:
9 April 2021
Accepted:
22 April 2021
Published:
8 May 2021
Abstract: For quite a long period of time, the research on criminal trial procedures has mainly focused on the theory and practical issues of remand for retrial in the second-instance procedure, and the retrial procedure as a criminal special relief procedure is not paid enough attention. The special relief nature of the retrial procedure determines that the remand for retrial in the retrial procedure should have its own independent characteristics. However, in judicial practice, the remand for retrial in the second-instance procedure and remand for retrial in the retrial procedure are often mixed in application, which has led to an expansion of the application of remand for retrial. This will not only produce circulating trials, cause the decline of litigation efficiency, but also make it difficult to achieve the purpose of criminal retrial procedures. To solve the problems of the remand for retrial system in the criminal retrial procedure, the focus is to regulate and restrict the application of remand for retrial. Therefore, on the basis of analyzing and summarizing the case data of the remand for retrial in the retrial procedure in recent years, this article systematically reflects and discusses the remand for retrial system, and proposes a limited application model, in order to the remand for retrial system play its function without dissimilation.
Abstract: For quite a long period of time, the research on criminal trial procedures has mainly focused on the theory and practical issues of remand for retrial in the second-instance procedure, and the retrial procedure as a criminal special relief procedure is not paid enough attention. The special relief nature of the retrial procedure determines that the...
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Bashed and Wounded: The Performance of Vulnerability in Policing
Issue:
Volume 4, Issue 2, June 2021
Pages:
100-106
Received:
16 April 2021
Accepted:
6 May 2021
Published:
14 May 2021
Abstract: This article centers on the sense of vulnerability and victimization felt by police officers in the United States. Of particular interest is how officers feel victimized by individuals and groups who offer critiques of police organizations. An analysis of the affective expressions of this sense of victimization through conversations with officers and trainers from a state in the Midwest, United States, illustrates a lingering antagonism between police and those deemed outsiders. This article specifically examines the interpretive strategies and cultural logic officers use to make meaning of themselves as victims of what they deem as unjustifiable criticism and critique by those outside the police institution. This work illustrates that the use of such rhetorical tropes as 'cop bashing' can be understood as a form of culture work used to silence alternative interpretations of policing in general and police work in particular. The culture work of ‘bashing’ is thus part of the cultural milieu of policing and feeds distrust in police organizations making it hard to offer meaningful critiques and recommendations for improving police work and policing organizations. Findings are discussed in relation to the implications for critical policing studies and the politics of knowledge at play in interpretations of policing actions.
Abstract: This article centers on the sense of vulnerability and victimization felt by police officers in the United States. Of particular interest is how officers feel victimized by individuals and groups who offer critiques of police organizations. An analysis of the affective expressions of this sense of victimization through conversations with officers a...
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Legal Analysis in Maritime Laws Based on Grounding Case of M/V “EVER GIVEN” in Suez Canal
Zhang Yizhen,
Jiang Zhengxiong,
Wang Deling
Issue:
Volume 4, Issue 2, June 2021
Pages:
107-114
Received:
30 April 2021
Accepted:
17 May 2021
Published:
26 May 2021
Abstract: On March 24, 2021, M/V EVER GIVEN from Evergreen Marine Corp stranded in the southern part of the Suez Canal shortly after it entered the canal, resulting in the closure of the two-way channel of the Suez Canal and the blockage of hundreds of ships on the route between Asia and Europe. There exist quite tedious and complicated legal issues behind the stranding of M/V EVER GIVEN, including the contractual liability of M/V EVER GIVEN to the owners of cargo, the legal liability of M/V EVER GIVEN to the Suez Canal Authority and to the rescue force, and the establishment and contribution of general average. As to the specific claims for compensation, the legal relationship between the parties should be made clear firstly, and the establishment of the right to claim should then be confirmed. We should also distinguish claims which have been covered by the insurer or the P&I club from those which should be the responsibility of the ship owner. Combined with the gross tonnage data of M/V EVER GIVEN, the limitation of liability for maritime claims can be calculated according to the 2012 Amendment of CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS 1976. To have a conclusion that the paper will predict whether the owner of M/V EVER GIVEN will be bankrupt, the value of the vessel should be compared with the amount of limitation of liability for maritime claims.
Abstract: On March 24, 2021, M/V EVER GIVEN from Evergreen Marine Corp stranded in the southern part of the Suez Canal shortly after it entered the canal, resulting in the closure of the two-way channel of the Suez Canal and the blockage of hundreds of ships on the route between Asia and Europe. There exist quite tedious and complicated legal issues behind t...
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The Fraud Triangle and Model of Criminogenesis
Issue:
Volume 4, Issue 2, June 2021
Pages:
115-127
Received:
30 April 2021
Accepted:
25 May 2021
Published:
31 May 2021
Abstract: The fraud triangle (FT) predominantly focuses on individual perpetrators and ignores the complexity and diversity of causes of delinquency in business organisations. To this end, this article discusses the limitations of the FT in practice to analyse misconduct in the organisational context. The paper also provides suggestions to remediate conceptual weaknesses of the FT by addressing the realm of criminogenic antecedents facilitating, enabling and promoting illegal and unethical behaviour in organisational settings. In discussing the reasons as to why the FT fails to comprehensively explain the root-cause of misconduct displayed in businesses, this paper draws on relevant literature and theoretical perspectives on employee criminal and unethical conduct in the organisational context. The model of criminogenesis introduced in this article aims to evaluate the source of employee criminal and unethical activities. Thus, it reveals that employee behaviour is influenced by individual, organisational and environmental dynamics, including for instance: personality traits such as narcissistic, Machiavellian, and hubristic traits; criminogenic organisational settings; unethical organisational culture; poor leadership and social pressure. Employees lacking morality and self-regulation capabilities might be vulnerable to the influence of criminogenic forces, processes and conditions that increase individual propensity for unlawful and unethical practices. The general aim of the article is to contribute to the discussion on the causation of illicit and unethical acts carried out in, and by business organisations by connecting three different domains (environment, organisation, and individual) and addressing the effect of criminogenesis at the micro-, meso-, and macro- levels.
Abstract: The fraud triangle (FT) predominantly focuses on individual perpetrators and ignores the complexity and diversity of causes of delinquency in business organisations. To this end, this article discusses the limitations of the FT in practice to analyse misconduct in the organisational context. The paper also provides suggestions to remediate conceptu...
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Administrative Justice as Human Right: A Perspective from South Africa
Issue:
Volume 4, Issue 2, June 2021
Pages:
128-139
Received:
4 May 2021
Accepted:
25 May 2021
Published:
9 June 2021
Abstract: Administrative justice should be a human right. However, it is not easily subsumed into the general body of human rights law because administrative law principles are largely procedural in character, hence, subject to domestic law. In some countries administrative justice is dependent on its development via common law by the courts, while in others is possible to have recourse to a constitutional provision permitting persons whose right is infringed by state action to seek constitutional redress. The article discusses administrative justice as a human right under the South African Constitution with a view to showing potential learning experience for other jurisdictions, and to possibly provide knowledge as to how best the legal framework pertaining to administrative justice could be developed to strengthen the protection of rights violated by action of government or those acting on its behalf. In South Africa, the Constitution and the PAJA constitute the source of the right to just administrative action while the common law ceases to have effect and will continue to inform the content of administrative law and other aspects of public law. The article shows how the Constitutional Court is empowered to develop the common law in relation to the application of the Bill of Rights to natural or juristic persons. The article concludes that constitutional and statutory provisions are available to facilitate the enforcement of the right to just administrative action, ensuring that every person ‘has the right to approach a court, alleging that a right in the Bill of Rights has been infringed or threatened, and the court may grant appropriate relief.’
Abstract: Administrative justice should be a human right. However, it is not easily subsumed into the general body of human rights law because administrative law principles are largely procedural in character, hence, subject to domestic law. In some countries administrative justice is dependent on its development via common law by the courts, while in others...
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An Investigation on the Widespread Use of Zero Hours Contracts in the UK and the Impact on Workers
Issue:
Volume 4, Issue 2, June 2021
Pages:
140-149
Received:
8 February 2021
Accepted:
18 February 2021
Published:
15 June 2021
Abstract: The use of zero hours contract (ZHC) amongst employers in the UK continue to grow with little or no job security. There has been growing concern on how this type of employment contract is affecting workers socially, economically, health and otherwise. Existing research on ZHC focuses on low paid jobs, hence the importance of this study. The aim of this paper is to investigate how ZHC affect the worker with a focus on establishing the difference in experience between workers from across different sectors. Data for the study is obtained from conducting thirty-six semi-structured interviews with people working on ZHC. Participants for the study worked in health, education, hospitality, security, construction, and retail sectors, to understand if worker’s experience might differ based on the sector in which they work. The result demonstrated that the use of ZHC contract has spread to sectors such as education (lecturing jobs) which are generally considered as high skilled jobs as opposed to prevalence of ZHC in low skilled jobs as documented by previous research. Flexibility remained the key element of ZHC that all the workers enjoyed and would like to retain. However, the uncertainty and insecurity of the contract affects workers financial stability, social and family life, job quality and satisfaction; career progression and health. The negative impact of ZHC is largely the same with workers in lecturing job driven by insecurity and uncertainty. Although workers in the education sector (teaching staff) reported knowing their schedule for a semester or academic year, issues such as the lack of opportunities for career progression, no/limited training provided where required, stress and anxiety relating to the insecurity and uncertainties remain a growing concern. The use of ZHC contract in sectors such as education (lecturing jobs) which are generally considered as high skilled jobs is concerning and demonstrate how precarious the United Kingdom’s labour market is increasing becoming insecure.
Abstract: The use of zero hours contract (ZHC) amongst employers in the UK continue to grow with little or no job security. There has been growing concern on how this type of employment contract is affecting workers socially, economically, health and otherwise. Existing research on ZHC focuses on low paid jobs, hence the importance of this study. The aim of ...
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Case Study and Exploration for Legal Protection of the Rights and Interests of Credit Information Subjects Under Chinese Law
Chen Jiandong,
Jiang Zhengxiong,
Wang Deling
Issue:
Volume 4, Issue 2, June 2021
Pages:
150-158
Received:
9 June 2021
Accepted:
21 June 2021
Published:
26 June 2021
Abstract: Credit investigation report is an important social name card for individuals, enterprises and other information subjects. All kinds of wrong information in the credit investigation report will cause negative evaluation and actual losses to the information subject. Through the relevant cases analyzed by the people's court, the rights and interests protection of the subject of credit information involves the subject of credit information as a civil subject, the agency of credit information and the provider of credit information including civil and administrative subjects. It is still unclear how does the information subjects choose civil and administrative proceedings to safeguard their rights and interests. This is not only due to the imperfect legal provisions on the protection of credit information subjects in China, but also due to the uncertain boundary between the government's disclosure of personal information and personal privacy. For this, the author suggested to improve the legislation to Enhance the Responsibility of Regulatory Authorities to Protect the Rights and Interests of Information Subjects, set up the individual credit dispute arbitration mechanism host by the credit supervision authority, and participated by the information subject, credit agency, credit center or the information provider, processing the credit objections through the form of administrative arbitration.
Abstract: Credit investigation report is an important social name card for individuals, enterprises and other information subjects. All kinds of wrong information in the credit investigation report will cause negative evaluation and actual losses to the information subject. Through the relevant cases analyzed by the people's court, the rights and interests p...
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