Aim: Governance is at the very apex of human society, wherein, the success of every facet of human life is anchored highly on improved government that is answerable to the needs and interests of the citizens. Good governance, therefore, impacts immensely on human life, as it creates conducive political, social, and economic environments for human survival and development. Every citizen is thereafter able to feel part and parcel of decision-making and all the activities and programs of the government. This paper, sought to articulate the role and obligations of citizens towards improving good governance in Kenya. Methods: The research is grounded upon a theoretical perspective using the literature drawn from various scholars from the year 2014 to 2024. The paper relied on secondary sources such as books, journals, reports and government records through government anti-corruption agencies. Results: Views from stakeholders such as government anti-corruption agencies, private sector, civil service organization, among others are considered. However, the people of Kenya in their diversity have been left aside in almost all the reviewed literatures, something which the paper believe is the reason for the word “mitigate corruption” instead of end corruption. The paper thereby, after perusing these literacy records from 2014 to 2024, is convinced that the people have cardinal role to play to end corruption. Conclusion: The study conclude that people’s involvement is required for any genuine move toward realizing the envisaged good governance in Kenya. Recommendations: A framework that allows the people to be at the center of decision-making in government’s activities should be sought. People must refuse manipulation and ethnic party politics, enforce the implementation of Kenyan 2010 constitution, and report any corrupt practices regardless of who is the victim. More studies should be conducted especially on the roles of citizens in ending not mitigating corruption.
{"title":"A Move towards Improving Good Governance in Kenya- Roles of Citizens in Promoting Good Governance","authors":"Victor Ochieng Otieno","doi":"10.58425/ajlps.v3i1.260","DOIUrl":"https://doi.org/10.58425/ajlps.v3i1.260","url":null,"abstract":"Aim: Governance is at the very apex of human society, wherein, the success of every facet of human life is anchored highly on improved government that is answerable to the needs and interests of the citizens. Good governance, therefore, impacts immensely on human life, as it creates conducive political, social, and economic environments for human survival and development. Every citizen is thereafter able to feel part and parcel of decision-making and all the activities and programs of the government. This paper, sought to articulate the role and obligations of citizens towards improving good governance in Kenya. \u0000Methods: The research is grounded upon a theoretical perspective using the literature drawn from various scholars from the year 2014 to 2024. The paper relied on secondary sources such as books, journals, reports and government records through government anti-corruption agencies. \u0000Results: Views from stakeholders such as government anti-corruption agencies, private sector, civil service organization, among others are considered. However, the people of Kenya in their diversity have been left aside in almost all the reviewed literatures, something which the paper believe is the reason for the word “mitigate corruption” instead of end corruption. The paper thereby, after perusing these literacy records from 2014 to 2024, is convinced that the people have cardinal role to play to end corruption. \u0000Conclusion: The study conclude that people’s involvement is required for any genuine move toward realizing the envisaged good governance in Kenya. \u0000Recommendations: A framework that allows the people to be at the center of decision-making in government’s activities should be sought. People must refuse manipulation and ethnic party politics, enforce the implementation of Kenyan 2010 constitution, and report any corrupt practices regardless of who is the victim. More studies should be conducted especially on the roles of citizens in ending not mitigating corruption.","PeriodicalId":302325,"journal":{"name":"American Journal of Law and Political Science","volume":" 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141367703","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}
Aim: The aim of this study was to explore the collapse of the Republic of Afghanistan’s government, and to identify the main factors contributing to its collapse. By analyzing a variety of political and historical factors, the research seeks to find the underlying causes of the collapse of the government. Methods: This research used a qualitative research design, including document and articles analysis. The sources of data included books, academic articles, and reports. The data was analyzed using a realist framework to identify the underlying causes of the collapse of the Government of the Republic of Afghanistan. Result: The collapse of the Government of the Republic of Afghanistan between 1973 and 2021 was mainly due to the lack of inclusive and stable administrations representing national interests; external interference, media propagandas, internal conflicts and economic instability have contributed to the collapse. Lessons learned include the need for political engagement, regional collaboration, economic development and international support to prevent future collapses and promote a sustainable and inclusive model of government in Afghanistan. Conclusion: This study offers recommendations for future governance in Afghanistan, taking into account the complex situation. Recommendation: In order to ensure Afghanistan's future stability and prosperity, it is essential that inclusion, representation and political stability are given priority. This includes actively involving marginalized groups and communities in the decision-making process and supporting an inclusive political environment.
{"title":"Government of Afghanistan Republic from Revolution to Collapse: A Realist Perspective on Political Dominance","authors":"Imranullah Akhtar, Nazifullah Niazi","doi":"10.58425/ajlps.v2i4.218","DOIUrl":"https://doi.org/10.58425/ajlps.v2i4.218","url":null,"abstract":"Aim: The aim of this study was to explore the collapse of the Republic of Afghanistan’s government, and to identify the main factors contributing to its collapse. By analyzing a variety of political and historical factors, the research seeks to find the underlying causes of the collapse of the government. Methods: This research used a qualitative research design, including document and articles analysis. The sources of data included books, academic articles, and reports. The data was analyzed using a realist framework to identify the underlying causes of the collapse of the Government of the Republic of Afghanistan. Result: The collapse of the Government of the Republic of Afghanistan between 1973 and 2021 was mainly due to the lack of inclusive and stable administrations representing national interests; external interference, media propagandas, internal conflicts and economic instability have contributed to the collapse. Lessons learned include the need for political engagement, regional collaboration, economic development and international support to prevent future collapses and promote a sustainable and inclusive model of government in Afghanistan. Conclusion: This study offers recommendations for future governance in Afghanistan, taking into account the complex situation. Recommendation: In order to ensure Afghanistan's future stability and prosperity, it is essential that inclusion, representation and political stability are given priority. This includes actively involving marginalized groups and communities in the decision-making process and supporting an inclusive political environment.","PeriodicalId":302325,"journal":{"name":"American Journal of Law and Political Science","volume":"34 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139209762","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}
Aim: The primary aim of this study was to examine the causes of the aggravation of punishment in the penal code of Afghanistan and compares it to the Islamic penal Law of Iran to specify additional causes of aggravation. Methods: This study is qualitative in nature and was conducted using a comparative research design, in which the penal code of Afghanistan was compared with the Islamic Penal Law of Iran. In addition to the laws of both countries, various legal books have been used to investigate this issue. Results: The penal code of Afghanistan has covered many necessary causes in terms of penalty aggravation, but some other causes, such as crimes on sacred days and places, removing the amount from the use of explosives, committing some crimes by foreign nationals and others are not considered as causes of aggravation, such as in the Islamic Penal law. Conclusion: The penal code Afghanistan had neglected some important issues, which is included in the Islamic penal law of Iran, which made it easy for the criminals to commit some heavy and serious crimes. Recommendation: As the new interim government need to have the penal code, they should consider all those important causes which have identified in this study and another literature.
{"title":"The Causes of Penalty Aggravation in the Penal Code of Afghanistan, and the Islamic Penal Law of Iran: A Comparative Study","authors":"Mahfuzullah Arify, Noorullah Noori Mojaddadi","doi":"10.58425/ajlps.v2i3.197","DOIUrl":"https://doi.org/10.58425/ajlps.v2i3.197","url":null,"abstract":"Aim: The primary aim of this study was to examine the causes of the aggravation of punishment in the penal code of Afghanistan and compares it to the Islamic penal Law of Iran to specify additional causes of aggravation. \u0000Methods: This study is qualitative in nature and was conducted using a comparative research design, in which the penal code of Afghanistan was compared with the Islamic Penal Law of Iran. In addition to the laws of both countries, various legal books have been used to investigate this issue. \u0000Results: The penal code of Afghanistan has covered many necessary causes in terms of penalty aggravation, but some other causes, such as crimes on sacred days and places, removing the amount from the use of explosives, committing some crimes by foreign nationals and others are not considered as causes of aggravation, such as in the Islamic Penal law. \u0000Conclusion: The penal code Afghanistan had neglected some important issues, which is included in the Islamic penal law of Iran, which made it easy for the criminals to commit some heavy and serious crimes. \u0000Recommendation: As the new interim government need to have the penal code, they should consider all those important causes which have identified in this study and another literature.","PeriodicalId":302325,"journal":{"name":"American Journal of Law and Political Science","volume":"133 5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130948061","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}
Safiullah Arabzai, F. Fazli, Bashir Ahmad Mohammadi
The right of religious minorities is one of the most important rights of human beings through which people can freely perform their religious practices and worship without any fear. According to international documents, no state party to international covenants and conventions is permitted to discriminate against religious minorities. In most countries, there are lots of religious minorities who live as citizens or as migrants. Both need the protection of the state, and should be treated equally in accordance with laws. Fortunately, Islam also supports the rights of religious minorities and protects the rights of all those non-Muslims who live in the Islamic territory by the name of "Dhimmis", who also have to respect the rules and regulations of Islam. The doctrinal research methodology and a descriptive, explanatory, and analytical research approaches are used in this work. It is worth mentioning that this research study is entirely based on library sources. Most of the sources are reputable and trustworthy textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area. Additionally, the position of Islamic jurisprudence has also been clarified regarding the rights of minorities.
{"title":"The Rights of Religious Minorities in International Legal Documents and Islamic Shariah","authors":"Safiullah Arabzai, F. Fazli, Bashir Ahmad Mohammadi","doi":"10.58425/ajlps.v2i3.194","DOIUrl":"https://doi.org/10.58425/ajlps.v2i3.194","url":null,"abstract":"The right of religious minorities is one of the most important rights of human beings through which people can freely perform their religious practices and worship without any fear. According to international documents, no state party to international covenants and conventions is permitted to discriminate against religious minorities. In most countries, there are lots of religious minorities who live as citizens or as migrants. Both need the protection of the state, and should be treated equally in accordance with laws. Fortunately, Islam also supports the rights of religious minorities and protects the rights of all those non-Muslims who live in the Islamic territory by the name of \"Dhimmis\", who also have to respect the rules and regulations of Islam. The doctrinal research methodology and a descriptive, explanatory, and analytical research approaches are used in this work. It is worth mentioning that this research study is entirely based on library sources. Most of the sources are reputable and trustworthy textbooks, scholarly published and unpublished journal articles, law reports, and online websites related to the research area. Additionally, the position of Islamic jurisprudence has also been clarified regarding the rights of minorities.","PeriodicalId":302325,"journal":{"name":"American Journal of Law and Political Science","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116295745","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 article aims to examine the grounds for refusing the recognition and enforcement of foreign arbitral awards based on public policy considerations. It analyzes this issue from the perspectives of three different sources of law: the New York Convention, the UNCITRAL Model Law, and the Afghanistan Commercial Arbitration Law. It discusses the limited scope of the public policy exception under the Convention and the level of discretion given to national courts in applying this ground for refusal. Next, the article explores the UNCITRAL Model Law, which serves as a basis for legislation in many jurisdictions and is often incorporated into domestic arbitration laws. It examines the approach taken by the Model Law towards the public policy exception and compares it to the New York Convention. Finally, the article looks at the perspective of Afghanistan's Commercial Arbitration Law. It analyzes the specific provisions in this law that deal with the recognition and enforcement of foreign arbitral awards based on public policy grounds. Through this analysis, the article aims to provide a comprehensive understanding of how public policy considerations can impact the recognition and enforcement of foreign arbitral awards under different legal frameworks.
{"title":"Public Policy as A Ground for Refusing Recognition and Enforcement of Foreign Arbitral Awards: New York Convention, UNCITRAL Model Law and Afghanistan Arbitration Law Perspectives","authors":"A. Basirat, Mohammad Haqmal","doi":"10.58425/ajlps.v2i3.185","DOIUrl":"https://doi.org/10.58425/ajlps.v2i3.185","url":null,"abstract":"This article aims to examine the grounds for refusing the recognition and enforcement of foreign arbitral awards based on public policy considerations. It analyzes this issue from the perspectives of three different sources of law: the New York Convention, the UNCITRAL Model Law, and the Afghanistan Commercial Arbitration Law. It discusses the limited scope of the public policy exception under the Convention and the level of discretion given to national courts in applying this ground for refusal. Next, the article explores the UNCITRAL Model Law, which serves as a basis for legislation in many jurisdictions and is often incorporated into domestic arbitration laws. It examines the approach taken by the Model Law towards the public policy exception and compares it to the New York Convention. Finally, the article looks at the perspective of Afghanistan's Commercial Arbitration Law. It analyzes the specific provisions in this law that deal with the recognition and enforcement of foreign arbitral awards based on public policy grounds. Through this analysis, the article aims to provide a comprehensive understanding of how public policy considerations can impact the recognition and enforcement of foreign arbitral awards under different legal frameworks.","PeriodicalId":302325,"journal":{"name":"American Journal of Law and Political Science","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130464783","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}
Aim: According to the World Health Organisation, persons living with disability in Nigeria constitute 15% (25 million) of Nigeria’s population, and their civil and political rights must be protected. It is noteworthy that by virtue of the Discrimination Against Persons with Disabilities (Prohibition) Act, the voting rights of Persons Living with Disabilities (PLWDs) are secured, however, implementation of this Act has become an impediment to the rights of PLWDs. This paper investigates the reasons for the decline in political participation among the PLWDs and effective measures to actualize the already provided legal frameworks. Methods: This work adopts a desk-based (doctrinal) research methodology. Results: This paper reveals that the primary threat to the enjoyment of political rights by PLWDs is the failure to include PLWDs in decision-making, which is nearly impossible as there are few or no PLWDs in the legislature. It is noteworthy that Nigeria’s democracy will be deemed pseudo if a fraction of the society, regardless of their population, are disadvantaged or put in such a position that enforcing their suffrage is impracticable. Conclusion: This study concludes that involving the PLWDs in decision making or seeking their suggestions before making laws concerning or affecting them will make the laws practicable.
{"title":"Legal Appraisal of the Electoral Rights of the People Living with Disabilities (PLWDS) in Nigeria: Need for Collaboration and Inclusivity","authors":"B. Eniola, Nmesoma Nnamdi, B. Abegunde","doi":"10.58425/ajlps.v2i3.184","DOIUrl":"https://doi.org/10.58425/ajlps.v2i3.184","url":null,"abstract":"Aim: According to the World Health Organisation, persons living with disability in Nigeria constitute 15% (25 million) of Nigeria’s population, and their civil and political rights must be protected. It is noteworthy that by virtue of the Discrimination Against Persons with Disabilities (Prohibition) Act, the voting rights of Persons Living with Disabilities (PLWDs) are secured, however, implementation of this Act has become an impediment to the rights of PLWDs. This paper investigates the reasons for the decline in political participation among the PLWDs and effective measures to actualize the already provided legal frameworks. \u0000Methods: This work adopts a desk-based (doctrinal) research methodology. \u0000Results: This paper reveals that the primary threat to the enjoyment of political rights by PLWDs is the failure to include PLWDs in decision-making, which is nearly impossible as there are few or no PLWDs in the legislature. It is noteworthy that Nigeria’s democracy will be deemed pseudo if a fraction of the society, regardless of their population, are disadvantaged or put in such a position that enforcing their suffrage is impracticable. \u0000Conclusion: This study concludes that involving the PLWDs in decision making or seeking their suggestions before making laws concerning or affecting them will make the laws practicable.","PeriodicalId":302325,"journal":{"name":"American Journal of Law and Political Science","volume":"509 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122760378","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}
Aim: The practice of demanding police report before gunshot injury victims receive medical care in Nigeria has led to needless loss of life in several instances. The practice stems from the (mis)application of the Robbery and Firearms (Special provision) Act 1984. Thus, the Compulsory Treatment and Care for Victims of Gunshot Act 2017 was enacted to mandate expedite medical treatment for gunshot victims without demand for police report. Methods: Adopting the doctrinal research methodology, this paper assessed the legacy of the Robbery and Firearms Act on the treatment of gunshot injury victims. It equally examined medical practitioners’ level of compliance with the provisions of the Compulsory Treatment and Care for Victims of Gunshot Act 2017 and the legal implication of non-compliance, while highlighting remedial options available under the law. Results: The study found that despite the provisions of the Compulsory Treatment and Care for Victims of Gunshot Act 2017, gunshot victims are still haunted by the ghost of the Robbery and Firearms (Special Provision) Act. Medical practitioners are still uneasy about the treatment of gunshot casualties without police reports due to apprehension about police harassment. Conclusion: This paper concludes that the lack of publicity about the current realities of the law and lack of coordination between medical practitioners, police officers and other key stakeholders is responsible for non-compliance with the Act. Recommendation: The study therefore recommends the need for enforcement of professional and penal sanctions against erring medical practitioners who fail to provide expedite medical treatment for gunshot injury victims.
{"title":"A Critical Appraisal of Compliance with the Compulsory Treatment and Care for Victims of Gunshot Act 2017","authors":"Oluseye Judes Olujimi, B. Eniola","doi":"10.58425/ajlps.v2i2.180","DOIUrl":"https://doi.org/10.58425/ajlps.v2i2.180","url":null,"abstract":"Aim: The practice of demanding police report before gunshot injury victims receive medical care in Nigeria has led to needless loss of life in several instances. The practice stems from the (mis)application of the Robbery and Firearms (Special provision) Act 1984. Thus, the Compulsory Treatment and Care for Victims of Gunshot Act 2017 was enacted to mandate expedite medical treatment for gunshot victims without demand for police report. \u0000Methods: Adopting the doctrinal research methodology, this paper assessed the legacy of the Robbery and Firearms Act on the treatment of gunshot injury victims. It equally examined medical practitioners’ level of compliance with the provisions of the Compulsory Treatment and Care for Victims of Gunshot Act 2017 and the legal implication of non-compliance, while highlighting remedial options available under the law. \u0000Results: The study found that despite the provisions of the Compulsory Treatment and Care for Victims of Gunshot Act 2017, gunshot victims are still haunted by the ghost of the Robbery and Firearms (Special Provision) Act. Medical practitioners are still uneasy about the treatment of gunshot casualties without police reports due to apprehension about police harassment. \u0000Conclusion: This paper concludes that the lack of publicity about the current realities of the law and lack of coordination between medical practitioners, police officers and other key stakeholders is responsible for non-compliance with the Act. \u0000Recommendation: The study therefore recommends the need for enforcement of professional and penal sanctions against erring medical practitioners who fail to provide expedite medical treatment for gunshot injury victims. \u0000 ","PeriodicalId":302325,"journal":{"name":"American Journal of Law and Political Science","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132798019","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}
Aim: The primary aim of this study was to clarify and describe the conflict between the officials of the Islamic Republic and the Islamic Emirate regarding Afghanistan's representation in the United Nations. The study also sought to propose a solution to this conflict in line with the principles and rules of the United Nations and the international community, which can be presented to the relevant parties. Methods: Since this study had a purely bibliographic aspect, descriptive and analytical methods were used. Legal documents, declarations, and resolutions of the United Nations were used to investigate the issue of Afghanistan's representation in the United Nations. Results: The dispute over the seat of Afghanistan in 2021 is not a novel phenomenon since a similar dispute had arisen between the governments of that time in 1997. After the fall of Kabul in August 2021, both the former republic and the Taliban government requested the United Nations to hand over the seat of Afghanistan to their nominated representatives. The Credentials Committee of the General Assembly decided that the assistant of the former representative should continue to represent Afghanistan in the United Nations. Conclusion: The new representative does not have the right to assume the position of the United Nations Organization until acquiring national and international legitimacy, establishes a government based on the rule of law, and takes concrete steps toward the development of human rights. Recommendation: As the current government of the Taliban has fulfilled the conditions of recognition of governments according to international law, the United Nations should hand over Afghanistan's seat to them. On the other hand, the Taliban should use lenience in the issues that the United Nations insists on and establish a government according to the will of the people.
{"title":"The Dilemma of Representation: UN Rules and Regulations in Addressing Conflict over Afghanistan's Seat in UN General Assembly","authors":"Aminzai Mairajuddin, Manzanay Hakimudin","doi":"10.58425/ajlps.v2i2.159","DOIUrl":"https://doi.org/10.58425/ajlps.v2i2.159","url":null,"abstract":"Aim: The primary aim of this study was to clarify and describe the conflict between the officials of the Islamic Republic and the Islamic Emirate regarding Afghanistan's representation in the United Nations. The study also sought to propose a solution to this conflict in line with the principles and rules of the United Nations and the international community, which can be presented to the relevant parties. \u0000Methods: Since this study had a purely bibliographic aspect, descriptive and analytical methods were used. Legal documents, declarations, and resolutions of the United Nations were used to investigate the issue of Afghanistan's representation in the United Nations. \u0000Results: The dispute over the seat of Afghanistan in 2021 is not a novel phenomenon since a similar dispute had arisen between the governments of that time in 1997. After the fall of Kabul in August 2021, both the former republic and the Taliban government requested the United Nations to hand over the seat of Afghanistan to their nominated representatives. The Credentials Committee of the General Assembly decided that the assistant of the former representative should continue to represent Afghanistan in the United Nations. \u0000Conclusion: The new representative does not have the right to assume the position of the United Nations Organization until acquiring national and international legitimacy, establishes a government based on the rule of law, and takes concrete steps toward the development of human rights. \u0000Recommendation: As the current government of the Taliban has fulfilled the conditions of recognition of governments according to international law, the United Nations should hand over Afghanistan's seat to them. On the other hand, the Taliban should use lenience in the issues that the United Nations insists on and establish a government according to the will of the people.","PeriodicalId":302325,"journal":{"name":"American Journal of Law and Political Science","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129921436","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 paper explores the role of courts in arbitral proceedings in light of New York Convention on the Recognition and Enforcement of Foreign arbitral awards and the UNCITRAL Model law. It discusses the role of courts in arbitral proceedings from the perspective of the Afghan Arbitration Law. It analyzes the circumstances when courts can intervene in arbitral proceedings in all stages of the arbitration processes, including the setting aside of arbitral awards and the enforcement of awards. Then, it examines the legal framework governing the relationship between courts and arbitrators in Afghanistan, and the possible changes that could be made to enhance clarity on the extent of the courts' role in arbitral proceedings. Furthermore, the article considers the implications of court intervention in arbitral proceedings for the efficacy and credibility of the arbitral process in Afghanistan so that the law ultimately enhances the confidence of investors and businesses in the Afghan arbitration system, which will eventually contribute to the country's economic development and growth.
{"title":"Courts’ Intervention in Arbitral Proceedings: The Afghan Arbitration Law Perspective","authors":"Abdul Hadi Zamani, Sayed Banaras Hashimi","doi":"10.58425/ajlps.v2i2.157","DOIUrl":"https://doi.org/10.58425/ajlps.v2i2.157","url":null,"abstract":"The paper explores the role of courts in arbitral proceedings in light of New York Convention on the Recognition and Enforcement of Foreign arbitral awards and the UNCITRAL Model law. It discusses the role of courts in arbitral proceedings from the perspective of the Afghan Arbitration Law. It analyzes the circumstances when courts can intervene in arbitral proceedings in all stages of the arbitration processes, including the setting aside of arbitral awards and the enforcement of awards. Then, it examines the legal framework governing the relationship between courts and arbitrators in Afghanistan, and the possible changes that could be made to enhance clarity on the extent of the courts' role in arbitral proceedings. Furthermore, the article considers the implications of court intervention in arbitral proceedings for the efficacy and credibility of the arbitral process in Afghanistan so that the law ultimately enhances the confidence of investors and businesses in the Afghan arbitration system, which will eventually contribute to the country's economic development and growth.","PeriodicalId":302325,"journal":{"name":"American Journal of Law and Political Science","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114963425","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}
Aim: Illegal interferences in the recruitment process not only devastate the process but it also results to recruit incapable persons for organization. The aim of this research study is to highlight illegal interferences in the process for hiring lecturers in Afghan universities and to find a way for its prevention. Methods: A quantitative and descriptive research was adopted in this study. The data was gathered from public and private sectors in high education institutions, and from official ministries’ web-sites. Moreover, the literature portion of this research was completed in the library, using data and information from reliable sources such as books, journal articles, reports from valuable international and national institutions, and online dictionaries. The information about corruption, and about the roots of corruption was collected in the field through a comprehensive questionnaire of fourteen multiple choice questions and one short answer question. Results: The main findings show the high level of illegal interferences in the process for hiring lecturers in Afghan universities. Bribery, favoritism, political, and ethnic-linguistic, and religious-ideological interferences are the main types of illegal interferences in the process. Conclusion: The study concludes that the current manual-paper-based examination method is prone for such illegal interferences. Recommendation: The study recommend the Afghanistan Ministry of Higher Education to centralize the lecturers’ recruitment process and apply the computer-based examination as a way to prevent such illegal interferences.
{"title":"A Way to Prevent Illegal Interferences in the Hiring Process for Lecturers in Afghan Universities: Applying the Computer-Based Examination Method","authors":"Hijratullah Ekhtyar, Qarib Urahman, Amin Stanikzai","doi":"10.58425/ajlps.v2i1.138","DOIUrl":"https://doi.org/10.58425/ajlps.v2i1.138","url":null,"abstract":"Aim: Illegal interferences in the recruitment process not only devastate the process but it also results to recruit incapable persons for organization. The aim of this research study is to highlight illegal interferences in the process for hiring lecturers in Afghan universities and to find a way for its prevention. \u0000Methods: A quantitative and descriptive research was adopted in this study. The data was gathered from public and private sectors in high education institutions, and from official ministries’ web-sites. Moreover, the literature portion of this research was completed in the library, using data and information from reliable sources such as books, journal articles, reports from valuable international and national institutions, and online dictionaries. The information about corruption, and about the roots of corruption was collected in the field through a comprehensive questionnaire of fourteen multiple choice questions and one short answer question. \u0000Results: The main findings show the high level of illegal interferences in the process for hiring lecturers in Afghan universities. Bribery, favoritism, political, and ethnic-linguistic, and religious-ideological interferences are the main types of illegal interferences in the process. \u0000Conclusion: The study concludes that the current manual-paper-based examination method is prone for such illegal interferences. \u0000Recommendation: The study recommend the Afghanistan Ministry of Higher Education to centralize the lecturers’ recruitment process and apply the computer-based examination as a way to prevent such illegal interferences. \u0000","PeriodicalId":302325,"journal":{"name":"American Journal of Law and Political Science","volume":"171 10","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131544532","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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