Since the beginning of 2020 in Romania, the COVID-19 pandemic has been exhibiting its negative effects. As expected, the hardest hit were the ordinary citizens who, overnight, awakened to reduced wages or downright joblessness. Moreover, the year 2021 has brought price increases in all areas, from basic foodstuffs to electricity, gas, fuels. The over-indebtedness of a large population of individuals has become the norm under the above conditions. The insolvency proceedings law for individuals seemed to be a solution for their over-indebtedness predicament, but we have found that this law is not performing at its true potential. In addition to a complex application form requested of the simple citizen, we contend that the access conditions to the insolvency procedure of the natural persons can be simplified and improved. Given the economic conditions in Romania, along with the reduction in the living standard, the legislator will have to give priority to the possible legislative solutions that will offer the indebted a fresh start. Keywords: Insolvence; Natural person; COVID-19
{"title":"The Access Conditions of the Natural Person to the Insolvency Procedure in Romania","authors":"Lavinia Iancu","doi":"10.30958/ajl.8-4-4","DOIUrl":"https://doi.org/10.30958/ajl.8-4-4","url":null,"abstract":"Since the beginning of 2020 in Romania, the COVID-19 pandemic has been exhibiting its negative effects. As expected, the hardest hit were the ordinary citizens who, overnight, awakened to reduced wages or downright joblessness. Moreover, the year 2021 has brought price increases in all areas, from basic foodstuffs to electricity, gas, fuels. The over-indebtedness of a large population of individuals has become the norm under the above conditions. The insolvency proceedings law for individuals seemed to be a solution for their over-indebtedness predicament, but we have found that this law is not performing at its true potential. In addition to a complex application form requested of the simple citizen, we contend that the access conditions to the insolvency procedure of the natural persons can be simplified and improved. Given the economic conditions in Romania, along with the reduction in the living standard, the legislator will have to give priority to the possible legislative solutions that will offer the indebted a fresh start. Keywords: Insolvence; Natural person; COVID-19","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"15 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":"114873281","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}
Linguistic Planning and Policy (hereinafter LPP) focuses on overt and covert laws that determine when, how, by whom, and which language has been spoken, as well as the ideals and privileges associated with all of those languages. LPP researchers study the evolution of top-down and bottom-up policy documents, as well as their application and influence at the municipal, regional, state, and national level. Whereas the emphasis of LPP is on how effects are developed, enforced, sometimes challenged, non-linguistic factors are frequently overlooked. The ecological analogy grounds LPP research in the bigger social, economic, and language context. These frames and analogies are frequently employed in LPP research, particularly in new and emerging fields of study and discussion. LPP uses methods like conversation analysis, corpus analysis, and film studies on a regular basis. Keywords: Linguistics; Research; LPP
{"title":"Language Policies and Linguistic Rights","authors":"Md. Tanvir Alam","doi":"10.30958/ajl.8-4-9","DOIUrl":"https://doi.org/10.30958/ajl.8-4-9","url":null,"abstract":"Linguistic Planning and Policy (hereinafter LPP) focuses on overt and covert laws that determine when, how, by whom, and which language has been spoken, as well as the ideals and privileges associated with all of those languages. LPP researchers study the evolution of top-down and bottom-up policy documents, as well as their application and influence at the municipal, regional, state, and national level. Whereas the emphasis of LPP is on how effects are developed, enforced, sometimes challenged, non-linguistic factors are frequently overlooked. The ecological analogy grounds LPP research in the bigger social, economic, and language context. These frames and analogies are frequently employed in LPP research, particularly in new and emerging fields of study and discussion. LPP uses methods like conversation analysis, corpus analysis, and film studies on a regular basis. Keywords: Linguistics; Research; LPP","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"42 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":"125246031","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 Commission proposed to enshrine in the law of the European Union minimum standards to criminalise certain forms of violence against women; protect victims and improve access to justice; support victims and ensure coordination between relevant services; and prevent these types of crimes from happening in the first place. In particular, the Commission’s proposal would make it possible, on the one hand, to surmount the gaps existing in some Member States and, on the other hand, to standardise the various national legislations with a single discipline valid in all the countries of the European Union. This paper focuses on the contents of the European Commission’s proposal by highlighting and reflecting on the key points. Keywords: Violence against women; Domestic violence; Directive proposal; European Commission; Minimum standards
{"title":"Violence against Women and Domestic Violence: The European Commission’s Directive Proposal","authors":"Marta Picchi","doi":"10.30958/ajl.8-4-3","DOIUrl":"https://doi.org/10.30958/ajl.8-4-3","url":null,"abstract":"The Commission proposed to enshrine in the law of the European Union minimum standards to criminalise certain forms of violence against women; protect victims and improve access to justice; support victims and ensure coordination between relevant services; and prevent these types of crimes from happening in the first place. In particular, the Commission’s proposal would make it possible, on the one hand, to surmount the gaps existing in some Member States and, on the other hand, to standardise the various national legislations with a single discipline valid in all the countries of the European Union. This paper focuses on the contents of the European Commission’s proposal by highlighting and reflecting on the key points. Keywords: Violence against women; Domestic violence; Directive proposal; European Commission; Minimum standards","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"16 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":"131736008","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 reviews the human rights violations against the Rohingya people in 2017 and assesses the effectiveness of accountability under the United Nations Security Council (UNSC). It is concluded that under the principles of ethics and integrity in international law and human rights law, there should have been investigations into the crimes committed against Rohingya Muslims in accordance with the judgement given by the ICC's Pre-Trial Chamber. The essay underlines the fundamental principles of ethics and integrity in international law and human rights law. The principles of ethics and integrity in international law should have allowed the UNSC to act in accordance with the international doctrine of human rights. It is concluded that the UNSC's failure to carry out its obligations was solely due to Russia's political ties with Myanmar, which also resulted in Russia using its veto power and obstructing the UNSC's statement on the situation. The banal approach to the implementation and enforcement of international law and human rights has paralysed the principle of ethics and integrity. In this light, the essay affirms there is a need to create a better framework to resolve issues such as the Rohingya genocide and the Russian invasion of Ukraine and any complications that may arise in the future. It is suggested that in addition to the United Nations Assembly and the UNSC, there is a need to create a conflict management body within these two settings. Keywords: Accountability; Genocide; Human Dignity; Human Rights Law; Human Rights Violations; International law; Rohingyal; Russia; States; Ukraine; United National General Assembly; United National Security Council;
{"title":"The Rohingya Crisis: A Critical Analysis of the United Nations Security Council and International Human Rights Law","authors":"E. K. Nartey","doi":"10.30958/ajl.8-4-6","DOIUrl":"https://doi.org/10.30958/ajl.8-4-6","url":null,"abstract":"This essay reviews the human rights violations against the Rohingya people in 2017 and assesses the effectiveness of accountability under the United Nations Security Council (UNSC). It is concluded that under the principles of ethics and integrity in international law and human rights law, there should have been investigations into the crimes committed against Rohingya Muslims in accordance with the judgement given by the ICC's Pre-Trial Chamber. The essay underlines the fundamental principles of ethics and integrity in international law and human rights law. The principles of ethics and integrity in international law should have allowed the UNSC to act in accordance with the international doctrine of human rights. It is concluded that the UNSC's failure to carry out its obligations was solely due to Russia's political ties with Myanmar, which also resulted in Russia using its veto power and obstructing the UNSC's statement on the situation. The banal approach to the implementation and enforcement of international law and human rights has paralysed the principle of ethics and integrity. In this light, the essay affirms there is a need to create a better framework to resolve issues such as the Rohingya genocide and the Russian invasion of Ukraine and any complications that may arise in the future. It is suggested that in addition to the United Nations Assembly and the UNSC, there is a need to create a conflict management body within these two settings. Keywords: Accountability; Genocide; Human Dignity; Human Rights Law; Human Rights Violations; International law; Rohingyal; Russia; States; Ukraine; United National General Assembly; United National Security Council;","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"6 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":"115909642","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}
In this paper, the authoress points out relevance of some themes for present day judiciary and why judicial education (training) institutions must include some subjects in their yearly training agenda. The present judicial training system, as operational in different countries, is mostly designed and developed in content by the judges themselves. From past five years, in their rush to update and upkeep with the new technological and commercial environment that is daily unfolding, these institutions have almost sidelined the core commitment to produce a responsive judiciary. To remind the judges involved in policy making on judicial training about the need to focus on the justice as foundation for any training, author proposes some areas that cannot be negated from the training agenda for survival of democracy in future. Keywords: Judicial training; Judicial education institutions; Poverty; Private justice system; Social justice; Economic justice; Child sexual abuse; Sexual orientation; Utility of films for education; Training methodology
{"title":"Why Judicial Education Institutions (JEI) must Focus Vulnerabilities faced on Account of Age, Economic Status, Sexual Orientation and Participation in Civil Society Movements?","authors":"Geeta Oberoi","doi":"10.30958/ajl.8-3-1","DOIUrl":"https://doi.org/10.30958/ajl.8-3-1","url":null,"abstract":"In this paper, the authoress points out relevance of some themes for present day judiciary and why judicial education (training) institutions must include some subjects in their yearly training agenda. The present judicial training system, as operational in different countries, is mostly designed and developed in content by the judges themselves. From past five years, in their rush to update and upkeep with the new technological and commercial environment that is daily unfolding, these institutions have almost sidelined the core commitment to produce a responsive judiciary. To remind the judges involved in policy making on judicial training about the need to focus on the justice as foundation for any training, author proposes some areas that cannot be negated from the training agenda for survival of democracy in future. Keywords: Judicial training; Judicial education institutions; Poverty; Private justice system; Social justice; Economic justice; Child sexual abuse; Sexual orientation; Utility of films for education; Training methodology","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130435212","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 Lagos Multi-Door Courthouse (LMDC) scheme is currently incorporated into the justice system. Since it was enacted into law, its relevance has developed due to its unique way of linking cases to appropriate forums for appropriate settlements. Hence, considerable literature has grown around its establishment; one such piece was on the scheme’s effectiveness, which was carried out in 2012. In hindsight, the work will evaluate the philosophy behind the birth of the Lagos Multi-Door Courthouse (LMDC) in Nigeria and the underlying elements of the LMDC Law. What is the story so far? Has the courthouse contributed to or reduced the pitfalls associated with litigation in Lagos state? The work employs a socio-legal and comparative approach. It concludes on how effective the LMDC has been from its inception to date, the differences or contributions they have brought in terms of speedy dispensation of justice. Keywords: Alternative Dispute Resolution, Multi-Door Courthouse, Access to Justice, United States, United Kingdom; Nigeria.
{"title":"Speedy Dispensation of Justice: Lagos Multi-Door Court House (LMDC)","authors":"Chinwe Egbunike-Umegbolu","doi":"10.30958/ajl.8-3-4","DOIUrl":"https://doi.org/10.30958/ajl.8-3-4","url":null,"abstract":"The Lagos Multi-Door Courthouse (LMDC) scheme is currently incorporated into the justice system. Since it was enacted into law, its relevance has developed due to its unique way of linking cases to appropriate forums for appropriate settlements. Hence, considerable literature has grown around its establishment; one such piece was on the scheme’s effectiveness, which was carried out in 2012. In hindsight, the work will evaluate the philosophy behind the birth of the Lagos Multi-Door Courthouse (LMDC) in Nigeria and the underlying elements of the LMDC Law. What is the story so far? Has the courthouse contributed to or reduced the pitfalls associated with litigation in Lagos state? The work employs a socio-legal and comparative approach. It concludes on how effective the LMDC has been from its inception to date, the differences or contributions they have brought in terms of speedy dispensation of justice. Keywords: Alternative Dispute Resolution, Multi-Door Courthouse, Access to Justice, United States, United Kingdom; Nigeria.","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"274 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125726910","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 multi-level protection offered to the right to property is an element of the current Italian and European legal system. Reading Article 8 (respect to private and family life) and Article 1, paragraph 1 (property protection) of the European Convention on Human Rights (hereinafter ECHR) it is possible to state that the protection of someone’s property has gone beyond the physical object. This interpretation, which derives from an approach which underlines the social function of property, has been strengthened by the ECHR that, during the last 20 years, has extended the concept of property. Thanks to it, it is possible to affirm the existence of a right to remain in one’s own land before, during and after an emergency, caused by a natural, health or man-made disaster. Also, trough the reading of Articles 41, 42 and 44 of the Italian Constitution it is possible to affirm the existence of this right within the Italian Fundamental Charter. In light of the above evolutions of the jurisprudence and of the interpretation of the concept of property within the Italian Constitution, this article analyses how this principle may apply also to people affected by natural hazards. Keywords: Property right; Right to remain in your homeland; Italian constitution; Natural disasters; European Court of Human Rights; Court of Justice of the European Union; European Convention Human Rights
{"title":"Minority Shareholders’ Right to Request the Postponement of General Meetings of Joint Stock Companies in Turkish Law","authors":"Derya Güvenir","doi":"10.30958/ajl.8-3-6","DOIUrl":"https://doi.org/10.30958/ajl.8-3-6","url":null,"abstract":"The multi-level protection offered to the right to property is an element of the current Italian and European legal system. Reading Article 8 (respect to private and family life) and Article 1, paragraph 1 (property protection) of the European Convention on Human Rights (hereinafter ECHR) it is possible to state that the protection of someone’s property has gone beyond the physical object. This interpretation, which derives from an approach which underlines the social function of property, has been strengthened by the ECHR that, during the last 20 years, has extended the concept of property. Thanks to it, it is possible to affirm the existence of a right to remain in one’s own land before, during and after an emergency, caused by a natural, health or man-made disaster. Also, trough the reading of Articles 41, 42 and 44 of the Italian Constitution it is possible to affirm the existence of this right within the Italian Fundamental Charter. In light of the above evolutions of the jurisprudence and of the interpretation of the concept of property within the Italian Constitution, this article analyses how this principle may apply also to people affected by natural hazards. Keywords: Property right; Right to remain in your homeland; Italian constitution; Natural disasters; European Court of Human Rights; Court of Justice of the European Union; European Convention Human Rights","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122121834","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 double jeopardy principle is a guarantee of individual liberty that has ancient origins. The development of the principle has been incremental, and its meaning has varied through the ages. The research question and attending analyses presented in this article advances an examination of the evolution of the double jeopardy principle in historical context. Through doctrinal analysis the hypothesis advances the supposition that the common law principle was firmly established by the post-medieval period. Through an examination of landmarks in the development of the principle the article examines theoretical underpinnings and considers the extent to which the criminal justice system developed a public prosecution model of criminal justice. The incremental development of this fundamental principle of criminal justice can be explained in terms of the deficiencies in medieval criminal procedure, prejudices and practices of medieval trial procedure and punishments imposed on convicted offenders. Jurisprudence on the application of the principle indicates significant developments following the Restoration. Keywords: Double jeopardy; Ne bis in idem; Autrefois acquit; Autrefois convict; Criminous clerks; Restoration
双重危险原则是一种对个人自由的保障，它有着古老的起源。这一原则的发展是渐进的，其含义也随着时代的变化而变化。本文提出的研究问题和相关分析，对双重危险原则在历史背景下的演变进行了考察。通过理论分析，该假设提出了英美法系原则在后中世纪时期牢固确立的假设。通过对该原则发展的里程碑的考察，本文考察了理论基础，并考虑了刑事司法系统发展刑事司法公诉模式的程度。这一刑事司法基本原则的逐步发展可以从中世纪刑事诉讼程序的缺陷、中世纪审判程序的偏见和做法以及对被定罪罪犯的惩罚来解释。关于该原则适用的法理学表明了在复辟之后的重大发展。关键词:双重诉讼;Ne bis in idem;过去即使无罪释放;过去即使定罪;犯了罪的职员;恢复
{"title":"A History of the Common Law Double Jeopardy Principle: From Classical Antiquity to Modern Era","authors":"G. Coffey","doi":"10.30958/ajl.8-3-3","DOIUrl":"https://doi.org/10.30958/ajl.8-3-3","url":null,"abstract":"The double jeopardy principle is a guarantee of individual liberty that has ancient origins. The development of the principle has been incremental, and its meaning has varied through the ages. The research question and attending analyses presented in this article advances an examination of the evolution of the double jeopardy principle in historical context. Through doctrinal analysis the hypothesis advances the supposition that the common law principle was firmly established by the post-medieval period. Through an examination of landmarks in the development of the principle the article examines theoretical underpinnings and considers the extent to which the criminal justice system developed a public prosecution model of criminal justice. The incremental development of this fundamental principle of criminal justice can be explained in terms of the deficiencies in medieval criminal procedure, prejudices and practices of medieval trial procedure and punishments imposed on convicted offenders. Jurisprudence on the application of the principle indicates significant developments following the Restoration. Keywords: Double jeopardy; Ne bis in idem; Autrefois acquit; Autrefois convict; Criminous clerks; Restoration","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"402 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113998389","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}
Crime problem is a major obstacle for peace, development and overall wellbeing of public at large. Crime is universal reality; crime co-exist with the human existence. For crime two contrasting truth exist at the same time that not only crime is universal but also crime is relative. In previous society enmity, jealousy, need and necessity were prime reasons of crime commission but now in modern society mainly crime is committed due to the greed, avarice and rapaciousness. Impacts of crimes committed due to greed are more serious. Crimes committed due to greed are termed as socio-economic crimes. Socio-economic crimes are completely different from traditional crime and criminality in every reference whether victim or impacts over him, availability of evidences or nature of evidences, criminal or mode of commission of crime by him, therefore, for tackling of socio-economic crime and criminality completely different and effective measures have to be envisaged and used. Special penal statutes are enacted, specialised investigating agencies are established and special courts are constituted and conferred with special jurisdiction but socio-economic crimes are day by day creating more and more serious challenges before the society at large. Law and legal instrumentalities may better function to tackle any crime problem when enactment and enforcement of law are focused on causation of crime and criminality. Causation of socio-economic crime will be analysed in this paper. Keywords: Causation; Corporate crime; Criminal Justice system; Greed; Socio-economic crimes; Strain; Urbanisation
{"title":"Socio-Economic Crimes: Analysis of Causation","authors":"Pradeep Kumar Singh","doi":"10.30958/ajl.8-3-2","DOIUrl":"https://doi.org/10.30958/ajl.8-3-2","url":null,"abstract":"Crime problem is a major obstacle for peace, development and overall wellbeing of public at large. Crime is universal reality; crime co-exist with the human existence. For crime two contrasting truth exist at the same time that not only crime is universal but also crime is relative. In previous society enmity, jealousy, need and necessity were prime reasons of crime commission but now in modern society mainly crime is committed due to the greed, avarice and rapaciousness. Impacts of crimes committed due to greed are more serious. Crimes committed due to greed are termed as socio-economic crimes. Socio-economic crimes are completely different from traditional crime and criminality in every reference whether victim or impacts over him, availability of evidences or nature of evidences, criminal or mode of commission of crime by him, therefore, for tackling of socio-economic crime and criminality completely different and effective measures have to be envisaged and used. Special penal statutes are enacted, specialised investigating agencies are established and special courts are constituted and conferred with special jurisdiction but socio-economic crimes are day by day creating more and more serious challenges before the society at large. Law and legal instrumentalities may better function to tackle any crime problem when enactment and enforcement of law are focused on causation of crime and criminality. Causation of socio-economic crime will be analysed in this paper. Keywords: Causation; Corporate crime; Criminal Justice system; Greed; Socio-economic crimes; Strain; Urbanisation","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129734447","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}
Myanmar, or Burma as it was previously known, has been under almost most continuous military rule since 1962 except for a brief period from 2016 until 1 February 2021. The military started the transfer of power to a civilian government in 2010 until the military staged a coup on 1 February 2021. The country has essentially been in a state of various civil wars since its independence in 1948. The period from 2010 saw the opening up of the telecommunications sector and a rapid uptake in social media. The spread of smartphones has opened up communication to the masses and provided them with access to information; the Myanmar Military has also used it to spread disinformation. These campaigns are used to uphold the state, people and religion. To the military, this essentially means the Burman (Bamar) majority, the Buddhist religion and the unitary state (with the military as its guardian). In many of these endeavours, they have been supported by non-state actors such as militant Buddhist monks. Since the military takeover in 2021, the resistance has also used social media, particularly young people and the many ethnic armed groups. Keywords: Social-media, disinformation, human rights, military rule, cyber security legislation
{"title":"Use and Abuse of Social Media in Myanmar between 2010 and 2022","authors":"R. Smith, N. Smith","doi":"10.30958/ajl.8-3-5","DOIUrl":"https://doi.org/10.30958/ajl.8-3-5","url":null,"abstract":"Myanmar, or Burma as it was previously known, has been under almost most continuous military rule since 1962 except for a brief period from 2016 until 1 February 2021. The military started the transfer of power to a civilian government in 2010 until the military staged a coup on 1 February 2021. The country has essentially been in a state of various civil wars since its independence in 1948. The period from 2010 saw the opening up of the telecommunications sector and a rapid uptake in social media. The spread of smartphones has opened up communication to the masses and provided them with access to information; the Myanmar Military has also used it to spread disinformation. These campaigns are used to uphold the state, people and religion. To the military, this essentially means the Burman (Bamar) majority, the Buddhist religion and the unitary state (with the military as its guardian). In many of these endeavours, they have been supported by non-state actors such as militant Buddhist monks. Since the military takeover in 2021, the resistance has also used social media, particularly young people and the many ethnic armed groups. Keywords: Social-media, disinformation, human rights, military rule, cyber security legislation","PeriodicalId":184533,"journal":{"name":"ATHENS JOURNAL OF LAW","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130114120","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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