The United Nations has voted for the Kashmir dispute to be settled by a referendum in the territory since the inception of both India and Pakistan as independent states in 1947. The Security Council resolutions have mandatory effect since their passage and a plebiscite was overdue when India decided to annex the state in August 2019. In refusing to let the people decide their future the Indian government went against the cardinal principle of self-determination. By revoking its constitutional status as a state within the Indian Union the government revoked the Article 370 without consulting any other interested party including the political representatives of the Kashmiri people. The consequence was the declaration of Martial law in the Valley enforced by an unprecedented security operation whereby the special powers allotted to the military and the auxiliary Border Security forces and Central Reserve Police force have been used to assault the human rights of the people. The Indian government has not only refused to implement the mandate of the UNSC but also breached the International Convention of Civil and Political Rights and the Universal Declaration of Human Rights. The actions of the Indian forces have been under the spotlight of the UN Human Rights Council whose reports in 2018 and 2019 implicate the military of gross human rights abuses in Kashmir. The argument of this paper is that there should be rigorous application of international humanitarian law and war crimes tribunals invested to prosecute the Indian officials for breaches of the rules in Non-International Conflicts (NIC). Keywords: Instrument of Accession; Article 370; cultural genocide; Uti possidetis; UN Chapter VI; International Covenant on Civil and Political Rights; AFSPA Public Safety; ct, OHCHR Report 2018; International
{"title":"Kashmir's Right to Self Determination: UNSC Resolutions, Human Rights Violations and Culpability under International Law","authors":"Zia Akhtar","doi":"10.30958/ajl.9-1-7","DOIUrl":"https://doi.org/10.30958/ajl.9-1-7","url":null,"abstract":"The United Nations has voted for the Kashmir dispute to be settled by a referendum in the territory since the inception of both India and Pakistan as independent states in 1947. The Security Council resolutions have mandatory effect since their passage and a plebiscite was overdue when India decided to annex the state in August 2019. In refusing to let the people decide their future the Indian government went against the cardinal principle of self-determination. By revoking its constitutional status as a state within the Indian Union the government revoked the Article 370 without consulting any other interested party including the political representatives of the Kashmiri people. The consequence was the declaration of Martial law in the Valley enforced by an unprecedented security operation whereby the special powers allotted to the military and the auxiliary Border Security forces and Central Reserve Police force have been used to assault the human rights of the people. The Indian government has not only refused to implement the mandate of the UNSC but also breached the International Convention of Civil and Political Rights and the Universal Declaration of Human Rights. The actions of the Indian forces have been under the spotlight of the UN Human Rights Council whose reports in 2018 and 2019 implicate the military of gross human rights abuses in Kashmir. The argument of this paper is that there should be rigorous application of international humanitarian law and war crimes tribunals invested to prosecute the Indian officials for breaches of the rules in Non-International Conflicts (NIC). Keywords: Instrument of Accession; Article 370; cultural genocide; Uti possidetis; UN Chapter VI; International Covenant on Civil and Political Rights; AFSPA Public Safety; ct, OHCHR Report 2018; International","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133058622","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The fundamental aim of a country like Bangladeshis to realise through the democratic process a socialist society, free from exploitation- society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social will be secured for all citizens. The Office of an Ombudsman is not a basic institution of a democratic government; but it is very important to keep democracy intact and effective. Article 77 of the Constitution of Bangladesh is inserted therein in conformity with this statement of the Preamble to attain the same purpose. Keywords: Reality; Ombudsman; Constitutional Institution; Unwillingness of Bureaucrats
{"title":"The Importance and Reality of having an Ombudsman in Bangladesh","authors":"Mohammad Abdul Hannan","doi":"10.30958/ajl.9-1-4","DOIUrl":"https://doi.org/10.30958/ajl.9-1-4","url":null,"abstract":"The fundamental aim of a country like Bangladeshis to realise through the democratic process a socialist society, free from exploitation- society in which the rule of law, fundamental human rights and freedom, equality and justice, political, economic and social will be secured for all citizens. The Office of an Ombudsman is not a basic institution of a democratic government; but it is very important to keep democracy intact and effective. Article 77 of the Constitution of Bangladesh is inserted therein in conformity with this statement of the Preamble to attain the same purpose. Keywords: Reality; Ombudsman; Constitutional Institution; Unwillingness of Bureaucrats","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115479085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (known as DMA – “Digital Market Act”) sets clear rules for large online platforms. It aims to ensure that no large online platform that is in a “gatekeeper” position - to many users - abuses that position to the detriment of businesses wishing to access those users. The most innovative elements are the introduction of the legal figure of the “gatekeeper” and the provision of specific duties imposed on the same. The Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (known as DSA “Digital Services Act”) introduces a common set of rules on intermediaries’ obligations and accountability across the single market, aiming to ensure a high level of protection to all users. This paper aims to analyse the new provisions introduced by the Digital Service Package in the framework of market regulation policies. Keywords: Digital markets; Intermediary service; Online platforms; Online search engines; Market regulation; EU policies Ombudsman; Constitutional Institution; Unwillingness of Bureaucrats
{"title":"Digital Markets Act (DMA) and Digital Services Act (DSA): New Rules for the EU Digital Environment","authors":"M. Chiarella","doi":"10.30958/ajl.9-1-2","DOIUrl":"https://doi.org/10.30958/ajl.9-1-2","url":null,"abstract":"The Regulation (EU) 2022/1925 of the European Parliament and of the Council of 14 September 2022 on contestable and fair markets in the digital sector and amending Directives (EU) 2019/1937 and (EU) 2020/1828 (known as DMA – “Digital Market Act”) sets clear rules for large online platforms. It aims to ensure that no large online platform that is in a “gatekeeper” position - to many users - abuses that position to the detriment of businesses wishing to access those users. The most innovative elements are the introduction of the legal figure of the “gatekeeper” and the provision of specific duties imposed on the same. The Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC (known as DSA “Digital Services Act”) introduces a common set of rules on intermediaries’ obligations and accountability across the single market, aiming to ensure a high level of protection to all users. This paper aims to analyse the new provisions introduced by the Digital Service Package in the framework of market regulation policies. Keywords: Digital markets; Intermediary service; Online platforms; Online search engines; Market regulation; EU policies Ombudsman; Constitutional Institution; Unwillingness of Bureaucrats","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125954084","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Hong Kong government is planning to legislate a new law that can fight against digital wildfire fake news. Hong Kong has faced two waves of fake news digital wildfires in the past few years: The 2019 social unrests in Hong Kong and the 2020 COVID-19 pandemic. The city has witnessed how fake news can undermine social trust and social cohesion, causing large-scale damage to both societies and governments. Fake news brings substantial damage to society due to the erosion of the credibility of governments, rule of law, and the democratic system’s human security. The government’s announcement of legislation has received criticisms and objections. One of the main objections is that the current laws are sufficient to combat against fake news, hence new legislation is not necessary. Yet, our study shows the contrary. We studied laws that have been used by the prosecution to deal with publication and speech related public-order crimes, which are within the Hong Kong National Security Law, the old common law offence Outraging Public Decency, and Crime Ordinance. The study results show that those laws are either outdated or applicable to deal with current fake news problem. Therefore, we argue that a contemporary fake news legislation is indeed needed, but the government should study thoroughly about how the new law can strike an equilibrium between civilian’s freedom and public safety. Keywords: Fake news; Public-order crimes; Criminal liability; False information; Freedom of speech.
{"title":"Fake News Legislation in Hong Kong: The Limitations of Current Laws to Counter the Fake News Wildfire","authors":"Bryan Tzu Wei Luk, Derek Chun Pong Cheung","doi":"10.30958/ajl.9-1-6","DOIUrl":"https://doi.org/10.30958/ajl.9-1-6","url":null,"abstract":"Hong Kong government is planning to legislate a new law that can fight against digital wildfire fake news. Hong Kong has faced two waves of fake news digital wildfires in the past few years: The 2019 social unrests in Hong Kong and the 2020 COVID-19 pandemic. The city has witnessed how fake news can undermine social trust and social cohesion, causing large-scale damage to both societies and governments. Fake news brings substantial damage to society due to the erosion of the credibility of governments, rule of law, and the democratic system’s human security. The government’s announcement of legislation has received criticisms and objections. One of the main objections is that the current laws are sufficient to combat against fake news, hence new legislation is not necessary. Yet, our study shows the contrary. We studied laws that have been used by the prosecution to deal with publication and speech related public-order crimes, which are within the Hong Kong National Security Law, the old common law offence Outraging Public Decency, and Crime Ordinance. The study results show that those laws are either outdated or applicable to deal with current fake news problem. Therefore, we argue that a contemporary fake news legislation is indeed needed, but the government should study thoroughly about how the new law can strike an equilibrium between civilian’s freedom and public safety. Keywords: Fake news; Public-order crimes; Criminal liability; False information; Freedom of speech.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114594597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper aims to examine the impact that the advent of the COVID-19 pandemic had on the organisation and routine of the Judiciary in Brazil, especially with regard to the expansion of the use of technology in judicial activities. It is not forgotten that the start of the Brazilian Judiciary virtualisation dates to the beginning of the 1990s and, even since 2006, there is a law that deals with the electronic judicial process. However, the pandemic period generated intense investment by the judicial Public Administration in the digital fulfilment of electronic procedural acts, such as videoconference hearings, an alternative found as a way to guarantee the continuity of judicial provision during the period of suspension of face-to-face activities (physical). Like that, the article will approach some of the important innovations that the Brazilian Judiciary suffered during the pandemic, with emphasis on the Justice 4.0 and 100% Digital Judgment. The research was developed under theoretical and hypothetical-deductive methods, based on a broad systematic review of the literature, including books and scientific articles, in addition to consultation of normative acts and legislation. In the end, it is concluded that the pandemic left an unquestionable positive legacy for the Judiciary virtualisation in Brazil in a future post-pandemic context. Keywords: Brazilian judiciary; COVID-19 pandemic; Electronic justice; Justice 4.0; 100% Digital Judgment.
{"title":"The Impact of COVID-19 on Brazilian Judiciary: Reflections on a Justice 4.0 and a 100% Digital Judgment in the Post-pandemic Context","authors":"Paulo Cezar Dias, Heitor Moreira de Oliveira","doi":"10.30958/ajl.9-1-1","DOIUrl":"https://doi.org/10.30958/ajl.9-1-1","url":null,"abstract":"This paper aims to examine the impact that the advent of the COVID-19 pandemic had on the organisation and routine of the Judiciary in Brazil, especially with regard to the expansion of the use of technology in judicial activities. It is not forgotten that the start of the Brazilian Judiciary virtualisation dates to the beginning of the 1990s and, even since 2006, there is a law that deals with the electronic judicial process. However, the pandemic period generated intense investment by the judicial Public Administration in the digital fulfilment of electronic procedural acts, such as videoconference hearings, an alternative found as a way to guarantee the continuity of judicial provision during the period of suspension of face-to-face activities (physical). Like that, the article will approach some of the important innovations that the Brazilian Judiciary suffered during the pandemic, with emphasis on the Justice 4.0 and 100% Digital Judgment. The research was developed under theoretical and hypothetical-deductive methods, based on a broad systematic review of the literature, including books and scientific articles, in addition to consultation of normative acts and legislation. In the end, it is concluded that the pandemic left an unquestionable positive legacy for the Judiciary virtualisation in Brazil in a future post-pandemic context. Keywords: Brazilian judiciary; COVID-19 pandemic; Electronic justice; Justice 4.0; 100% Digital Judgment.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131845398","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Existence of accurate legal definition of terrorism is important for society and for governance to enable successful investigation and prosecution of terrorists within the established judicial system. Without international agreement on a definition of terrorism, it has not been possible to adopt a treaty covering all its forms. In other words, without a clear and precise definition of terrorism, it becomes impossible and impractical to talk about concepts and counter-terrorism measures in one country. Moreover, without a definition for terrorism, how can we define and investigate the correctness of those who practice it are? Further, even though terrorism is a danger to the peace, security and development of the country and a serious threat to the peace and security of the world at large and view of these challenges, the Government of Ethiopia has been exerting the necessary effort to prevent and combat terrorism through enacting and effectively implementing domestic laws, it must in conformity with the human rights law, and international humanitarian law. Thus, the basic objective of this Article was to critically observe and examine definition of terrorism, acts that constitute terrorism and other acts which can be considered as contributory to terrorism crimes under Ethiopian relevant laws adopted to combat terrorism; specially Prevention and Suppression of Terrorism Crimes Proclamation No.1176/2020. Under this article author also critically made analyses on the manner how current Ethiopian government adopted the new counter terrorism law and consideration given to it. Keywords: Definition of Terrorism, Counter Terrorism Movement, Terrorist Acts, Terrorism Crimes, Sub-Ordinate Crimes, Human Rights Approach
{"title":"Acts Considered as Terrorism Crimes and Compatibility of Counter-terrorist Measures to International Standards: In Context of Ethiopia","authors":"Petros Fanta Choramo","doi":"10.30958/ajl.8-4-8","DOIUrl":"https://doi.org/10.30958/ajl.8-4-8","url":null,"abstract":"Existence of accurate legal definition of terrorism is important for society and for governance to enable successful investigation and prosecution of terrorists within the established judicial system. Without international agreement on a definition of terrorism, it has not been possible to adopt a treaty covering all its forms. In other words, without a clear and precise definition of terrorism, it becomes impossible and impractical to talk about concepts and counter-terrorism measures in one country. Moreover, without a definition for terrorism, how can we define and investigate the correctness of those who practice it are? Further, even though terrorism is a danger to the peace, security and development of the country and a serious threat to the peace and security of the world at large and view of these challenges, the Government of Ethiopia has been exerting the necessary effort to prevent and combat terrorism through enacting and effectively implementing domestic laws, it must in conformity with the human rights law, and international humanitarian law. Thus, the basic objective of this Article was to critically observe and examine definition of terrorism, acts that constitute terrorism and other acts which can be considered as contributory to terrorism crimes under Ethiopian relevant laws adopted to combat terrorism; specially Prevention and Suppression of Terrorism Crimes Proclamation No.1176/2020. Under this article author also critically made analyses on the manner how current Ethiopian government adopted the new counter terrorism law and consideration given to it. Keywords: Definition of Terrorism, Counter Terrorism Movement, Terrorist Acts, Terrorism Crimes, Sub-Ordinate Crimes, Human Rights Approach","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114595703","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This essay focuses on the right to truth as a specific guarantee of the human person, characterised by both an individual and collective dimension, especially in the context of transitional justice. The analysis takes as its perimeter of investigation both the normative datum, which highlights its development in three phases (at first exclusively in the sphere of international humanitarian law, then circumscribed to the context of enforced disappearances, and today applicable in any case of serious violation), and the practice of the decisions of international tribunals and human rights control mechanisms. The aim is to highlight how the right to truth, far from constituting an aspiration that is more ethical than juridical or a mere explication of pre-existing rights already established, can, if crystallised, serve the pursuit of its own objectives that would be difficult to achieve without it. Keywords: Human rights; Rights to the truth; Transitional justice; Gross violations
{"title":"Genealogy, Variations and Specificity of the Right to Truth","authors":"A. Latino","doi":"10.30958/ajl.8-4-5","DOIUrl":"https://doi.org/10.30958/ajl.8-4-5","url":null,"abstract":"This essay focuses on the right to truth as a specific guarantee of the human person, characterised by both an individual and collective dimension, especially in the context of transitional justice. The analysis takes as its perimeter of investigation both the normative datum, which highlights its development in three phases (at first exclusively in the sphere of international humanitarian law, then circumscribed to the context of enforced disappearances, and today applicable in any case of serious violation), and the practice of the decisions of international tribunals and human rights control mechanisms. The aim is to highlight how the right to truth, far from constituting an aspiration that is more ethical than juridical or a mere explication of pre-existing rights already established, can, if crystallised, serve the pursuit of its own objectives that would be difficult to achieve without it. Keywords: Human rights; Rights to the truth; Transitional justice; Gross violations","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128031585","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Corporate governance in Russia is subject to the present civil law provisions, contained in the Civil Code and laws regulating different forms of corporations, including companies, enacted in accordance with it, which concern governing bodies and decision-making procedures. The supreme governing body of the company is the general meeting of its participants, and the issues, which are within its exclusive authority, are enlisted in the law. A company must have an executive body that represents it. It may have also a collegiate executive body and a collegiate governing body for controlling the executive bodies. The members of the governing bodies are presupposed to act in good faith and reasonably, and they bear liability for negligence. The liability is personal as well as solidary (joint and several), but the persons who did not take part in the administration (or voted against) are not to bear liability. Characteristic for the liability of executives and representatives of company is, that their liability is to be realised simply at the moment when their duty to act in good faith and reasonably is violated. Keywords: Civil Law; Company; Governing Body; General Meeting; Decision- Making; Liability
{"title":"Legal Aspects of Corporate Governance in Russia","authors":"V. Orlov","doi":"10.30958/ajl.8-4-2","DOIUrl":"https://doi.org/10.30958/ajl.8-4-2","url":null,"abstract":"Corporate governance in Russia is subject to the present civil law provisions, contained in the Civil Code and laws regulating different forms of corporations, including companies, enacted in accordance with it, which concern governing bodies and decision-making procedures. The supreme governing body of the company is the general meeting of its participants, and the issues, which are within its exclusive authority, are enlisted in the law. A company must have an executive body that represents it. It may have also a collegiate executive body and a collegiate governing body for controlling the executive bodies. The members of the governing bodies are presupposed to act in good faith and reasonably, and they bear liability for negligence. The liability is personal as well as solidary (joint and several), but the persons who did not take part in the administration (or voted against) are not to bear liability. Characteristic for the liability of executives and representatives of company is, that their liability is to be realised simply at the moment when their duty to act in good faith and reasonably is violated. Keywords: Civil Law; Company; Governing Body; General Meeting; Decision- Making; Liability","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"30 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113935974","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper scrutinises whether it is possible to have Court-Connected Alternative Dispute Resolution, hereinafter ADR, to cover election petitions in Nigeria. An election petition is a peculiar breed of adversarial matters litigated over in courts, which is exclusively created for the sole purpose of reaching a speedy resolution within the allocated time frame provided by the law. There are no provisions, under the extant legal framework for elections and election disputes in Nigeria, for the use of court-connected ADR to resolve or settle election disputes. The zero-sum nature of Nigerian politics, characterised as the winner takes all; the loser takes none, coupled with the fact that elections are prone to violence and corruption because the seats for grabs are very lucrative- government positions make election disputes unarguably unsuitable for ADR mechanisms. However, the ADR strategy of looking at the interests of the parties rather than at their positions may hold some hope for applying ADR options to election disputes. An interest-based perspective to resolving disputes holds more promise than the traditional position-based perspective. Hence, the paper will analyse what the election tribunal does and whether it has ever used ADR as an option in its history. If not, what hopes are held out that Court-Connected ADR or induced ADR could ever be introduced to disputes concerning an area hotly contested as an election petition? The paper employs qualitative, primary and secondary resources to tackle the above-stated questions. Keywords: Alternative Dispute Resolution; Election Tribunal; Election Petition; Political Parties and Nigeria.
{"title":"The Functionality of the Election Tribunal in Nigeria concerning Election Petition","authors":"Chinwe Egbunike-Umegbolu, Uriah Bajela","doi":"10.30958/ajl.8-4-7","DOIUrl":"https://doi.org/10.30958/ajl.8-4-7","url":null,"abstract":"This paper scrutinises whether it is possible to have Court-Connected Alternative Dispute Resolution, hereinafter ADR, to cover election petitions in Nigeria. An election petition is a peculiar breed of adversarial matters litigated over in courts, which is exclusively created for the sole purpose of reaching a speedy resolution within the allocated time frame provided by the law. There are no provisions, under the extant legal framework for elections and election disputes in Nigeria, for the use of court-connected ADR to resolve or settle election disputes. The zero-sum nature of Nigerian politics, characterised as the winner takes all; the loser takes none, coupled with the fact that elections are prone to violence and corruption because the seats for grabs are very lucrative- government positions make election disputes unarguably unsuitable for ADR mechanisms. However, the ADR strategy of looking at the interests of the parties rather than at their positions may hold some hope for applying ADR options to election disputes. An interest-based perspective to resolving disputes holds more promise than the traditional position-based perspective. Hence, the paper will analyse what the election tribunal does and whether it has ever used ADR as an option in its history. If not, what hopes are held out that Court-Connected ADR or induced ADR could ever be introduced to disputes concerning an area hotly contested as an election petition? The paper employs qualitative, primary and secondary resources to tackle the above-stated questions. Keywords: Alternative Dispute Resolution; Election Tribunal; Election Petition; Political Parties and Nigeria.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129079874","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This paper analyses how the Canadian experience of class actions could contribute to the improvement of access to justice in Latin American, in a scene that damages are no longer restricted to state borders. For that, the text clarifies the concept of transnational class actions and how they could improve the prevention and reparation of damages that are no longer restricted to state borders. Then, based on the Canadian experience, that are different models of class actions, proposals are made for the admissibility and enforcement of transnational class actions in Latin American context. Keywords: Transnational class actions; Latin America; Canada.
{"title":"Transnational Class Actions: The Canadian Experience and the Improvement of Access to Justice in Latin America","authors":"Larissa Clare Pochmann da Silva","doi":"10.30958/ajl.8-4-1","DOIUrl":"https://doi.org/10.30958/ajl.8-4-1","url":null,"abstract":"This paper analyses how the Canadian experience of class actions could contribute to the improvement of access to justice in Latin American, in a scene that damages are no longer restricted to state borders. For that, the text clarifies the concept of transnational class actions and how they could improve the prevention and reparation of damages that are no longer restricted to state borders. Then, based on the Canadian experience, that are different models of class actions, proposals are made for the admissibility and enforcement of transnational class actions in Latin American context. Keywords: Transnational class actions; Latin America; Canada.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131515629","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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