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Rules of Registration and Formation of Commercial Companies According to the Laws of Afghanistan 根据阿富汗法律注册和成立商业公司的规则
Pub Date : 2023-03-18 DOI: 10.58425/ajlps.v2i1.132
Toryalai Hemat, Muhammad Ibrahim Sekandary, Amin Stanikzai
Aim: The primary goal of this research study is to clarify and identify the provisions related to the formation and registration of commercial companies in Afghanistan's statutory law for readers, particularly businessmen. Methods: The doctrinal research methodology and 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. Results: The study found that the rules and regulations related to the formation and registration of commercial companies are simply and clearly mentioned in Afghan law. In many cases, international standards have been observed on the basis that businessmen can easily establish companies. In the Afghan commercial code, there is no explanation regarding the registration and formation of the cooperative companies. However, there is a special code related to cooperative companies, and all topics related to cooperative companies are discussed in that law. Furthermore, different special conditions and principles apply during formation of each type of commercial companies as stipulated by Afghan commercial codes. Conclusion: The study concluded that commercial companies are divided into five types in the Afghan commercial code. Recommendation: The study recommend Ministry of Commerce and relevant agencies to develop public awareness programs for investors regarding Afghan laws. Most businessmen do registration and formation of companies through third parties who are not very informed about relevant principles. This method may cause conflicts between the partners.
目的:本研究的主要目的是为读者,特别是商人澄清和确定阿富汗成文法中与商业公司的成立和注册有关的规定。方法:本研究采用理论研究方法和描述性、解释性和分析性研究方法。值得一提的是,本研究完全基于图书馆资料。结果:研究发现,阿富汗法律中简单而明确地提到了与商业公司的成立和登记有关的规则和条例。在许多情况下,遵守国际标准的基础是商人可以很容易地建立公司。在阿富汗商业法典中,对合作公司的登记和组成没有任何解释。但是,有一部与合作公司有关的专门法典,所有与合作公司有关的问题都在该法中讨论。此外,根据阿富汗商法的规定,在成立每一类商业公司期间适用不同的特殊条件和原则。结论:研究得出结论,商业公司在阿富汗商法典中分为五种类型。建议:该研究建议商务部和相关机构为投资者制定有关阿富汗法律的公众意识项目。大多数商人通过不太了解相关原则的第三方注册和组建公司。这种方法可能会导致合作伙伴之间的冲突。
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引用次数: 0
The Applicability of Humanitarian Intervention and the Responsibility to Protect During Armed Conflicts:  Russia-Ukraine War in Focus 武装冲突中人道主义干预的适用性与保护责任:聚焦俄乌战争
Pub Date : 2023-01-21 DOI: 10.58425/ajlps.v2i1.111
A. Adamu
Purpose: Humanitarian intervention and the responsibility to protect have been at the centre of debate in the UN, among states and civil societies. The failure of the International Community to use military force to intervene in the case of Syria and the ongoing atrocities in Ukraine has weakened the enthusiasm that was kindled by the authorized use of force in Libya. This paper aimed at critically examining the situation in Russia-Ukraine in order to propose a way forward for the protection of civilians in Ukraine through humanitarian intervention. Methodology: To this end, the paper recalls the responsibility to protect bestowed on States and the International Community, evaluating the positive impacts of humanitarian intervention in Kosovo and Libya. Adopting a purely doctrinal research method, this paper questions why the international community is reluctant in using military intervention in the Russia-Ukraine situation in order to protect civilians, curb human rights violations and maintain peace and security. Findings: The study found out that the fear to trigger war in the whole of Europe and the fact that Russia is a permanent member of the Security Council with veto power have weakened this enthusiasm to intervene. Conclusion: The study concludes that there is necessity for humanitarian intervention to protect civilians in Ukraine by NATO and other States. Recommendation: This study recommends the use of the majority voting system in decisions to apply humanitarian intervention instead of the veto system. The study also recommend that permanent members of the Security Council who are involved in gross violation of human rights like Russia should be suspended and eventually removed as a Permanent member if violations persist.  
目的:人道主义干预和保护责任一直是联合国、各国和民间社会辩论的中心问题。国际社会未能使用军事力量干预叙利亚问题和乌克兰正在发生的暴行,削弱了授权在利比亚使用武力所激发的热情。本文旨在批判性地审视俄罗斯-乌克兰局势,以提出通过人道主义干预保护乌克兰平民的前进道路。方法:为此,本文回顾了赋予国家和国际社会的保护责任,评估了科索沃和利比亚人道主义干预的积极影响。本文采用纯粹的理论研究方法,质疑国际社会为什么不愿意在俄乌局势中使用军事干预,以保护平民,遏制侵犯人权行为,维护和平与安全。调查结果:研究发现,对在整个欧洲引发战争的恐惧,以及俄罗斯是安理会常任理事国并拥有否决权的事实削弱了这种干预的热情。结论:该研究得出结论,北约和其他国家有必要进行人道主义干预,以保护乌克兰的平民。建议:本研究建议在实施人道主义干预的决策中使用多数投票制度,而不是否决权制度。该研究还建议,像俄罗斯这样严重侵犯人权的安理会常任理事国应该被暂停,如果侵犯行为继续存在,最终应该被取消常任理事国的资格。
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引用次数: 0
The Law-making Process in the Legal System of Afghanistan 阿富汗法律体系中的立法过程
Pub Date : 2022-12-22 DOI: 10.58425/ajlps.v1i2.88
F. Fazli
Purpose: In every legal system worldwide, may it be the common law system, the civil law system, or the Islamic legal system, the legislation or the law-making is not the same and it differs a great deal. This research is conducted to prove that the Afghan legislative system is very distinctive in terms of legislation and has certain principles, resources, and professional entities for effective legislation or law- making. Moreover, the legislation or the law-making system is considered a scientific, technical, and professional process in the legal system of Afghanistan. The current legislation system in the country paves the way for prosperity and development of the legal system so that justice and social welfare on the one hand and the rule of law on the other hand are implemented more than before. Methodology: The doctrinal research methodology and a descriptive, explanatory, and analytical research approach were used in this work. Findings: This study showed that most of the Afghan academicians and legal scholars believe that the current Afghan legislation system is entirely based on technical, scientific, and professional means which on the one hand open the way for social development, welfare, and prosperity and on the other hand the rule of law is implemented. Conclusion: Most of the Afghan legal scholars and academicians suggest having excellent laws and following them are really essential. However, the drafting of laws requires a well-organized process in order to have good governance and rule of law in Afghanistan. Recommendations: This study recommends that while the Afghan government require to enact a law, it must first determine the need for the law, suggest it to the legislative body, who will then draft and pass the law. Furthermore, for a desirable and effective result, the Afghan government should pay more attention to the implementation of a particular law.
目的:在世界上每一个法律体系中,无论是英美法系,大陆法系还是伊斯兰法系,立法或立法都是不一样的,而且差异很大。本研究旨在证明阿富汗立法体系在立法方面非常有特色,并且具有一定的原则、资源和专业实体来进行有效的立法或立法。此外,在阿富汗的法律制度中,立法或立法制度被认为是一个科学、技术和专业的过程。我国现行的立法体系为法制的繁荣和发展铺平了道路,使正义和社会福利以及法治得到了前所未有的落实。方法论:本研究采用理论研究方法和描述性、解释性和分析性研究方法。研究发现:大多数阿富汗学者和法律学者认为,目前阿富汗的立法体系完全基于技术、科学和专业手段,一方面为社会发展、福利和繁荣开辟了道路,另一方面实现了法治。结论:大多数阿富汗法律学者和学者都认为拥有优秀的法律并遵守法律是至关重要的。然而,法律的起草需要一个组织良好的过程,以便在阿富汗实行善政和法治。建议:本研究建议,当阿富汗政府要求制定法律时,它必须首先确定法律的必要性,并将其建议给立法机构,然后由立法机构起草并通过法律。此外,为了取得理想和有效的结果,阿富汗政府应该更多地关注某项法律的实施。
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引用次数: 0
Issues, Challenges, and Prospects of the Introduction of the Practice of Paralegals: The Role of NBA Vis-À-Vis Access to Justice in Nigeria 律师助理实践的问题、挑战和前景:NBA在尼日利亚的作用-À-Vis诉诸司法
Pub Date : 2022-12-07 DOI: 10.58425/ajlps.v1i2.79
Macaulay J. D. Akpan
Purpose: This paper examined the uptightness of the legal practice in Nigeria as evident in extant provisions of the legal practitioners’ rules of professional conduct which prohibit non-lawyers from the practice of law in Nigeria. It is however, posited that it would be rather reasonable, beneficial and dignifying to borrow a leaf from other climes where the practice of paralegals-persons trained in law and law practices and/or under the guidelines provided by relevant bodies of Bar Associations in these different jurisdictions, is in vogue. Methodology: This work adopts doctrinal, descriptive, prescriptive and analytical research methods. Findings: This work found that most lawyers in their write-ups expressed general apprehensions that the introduction of the practice of paralegals would open the floodgate of competition and more sharp practices in the legal profession. Conclusion: Most lawyers suggest that the practice of paralegals should not be encouraged in Nigeria. However, some others welcome the concept provided that the practice of paralegals is well regulated and streamlined. Recommendations: Nevertheless, this paper recommends, among other things, that while the envisaged regulations for the practice of paralegals is welcomed, there is a need to consider the entire concept dispassionately. This should be with a view to assessing its potentials in terms of its capacity to ameliorate the inherent occupational stress arising from the ever-increasing workload usually rummaged through, distilled and discerned by lawyers, in the performance of professional duties to their clients. This, therefore, will elongate the lifespan of legal practitioners vis-a-vis appropriate individual and corporate life insurance policies in place, with attendant improved productivity and financial freedom both to the paralegals and qualified lawyers in view.
目的:本文考察了尼日利亚法律实践的紧张程度,这在法律从业者职业行为规则的现有规定中很明显,这些规定禁止非律师在尼日利亚从事法律实践。然而,有人认为,借鉴其他地区律师助理的做法是相当合理、有益和有尊严的,在这些地区,律师助理是受过法律和法律实务训练的人,和/或按照这些不同司法管辖区律师协会有关机构提供的准则行事的人。研究方法:本文采用理论、描述、规范和分析的研究方法。研究结果:这项工作发现,大多数律师在他们的文章中表达了普遍的担忧,即引入律师助理的做法会打开竞争的闸门,并在法律职业中出现更多尖锐的做法。结论:大多数律师建议,律师助理的做法不应该鼓励在尼日利亚。然而,其他一些人欢迎这个概念,前提是律师助理的做法得到良好的规范和精简。建议:尽管如此,本文建议,除其他事项外,虽然设想的律师助理实践条例受到欢迎,但有必要冷静地考虑整个概念。这样做的目的是为了评估其潜力,以减轻律师在对其客户履行专业职责时经常翻查、提炼和辨别的日益增加的工作量所造成的固有的职业压力。因此,与适当的个人和公司人寿保险单相比,这将延长法律从业人员的寿命,从而提高律师助理和合格律师的生产力和财务自由。
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引用次数: 1
Factors Affecting Voting Behavior among Youth in Luapula Province, Zambia 影响赞比亚卢阿普拉省青年投票行为的因素
Pub Date : 2022-11-07 DOI: 10.58425/ajlps.v1i1.54
Susan Jere Thandi, Allan Bupe Mwansa
Purpose: The purpose of this study was to investigate the youth voting behavior considering how cultural factors, ethnicity, intergenerational factors, political ideologies and legal literacy determined voting behavior of the youth. Methodology: A Questionnaire was used to collect quantitative and qualitative data by including closed and open-ended questions. The quantitative data collected was analyzed using Statistical Package for Social Sciences (SPSS) while the qualitative data was analyzed using thematic analysis. The findings were presented in form of tables, percentages and bar charts. Results: The findings revealed that the youth were to an extent influenced by culture in their voting patterns. The patriarchal nature of the communities in the country determined voting behavior in that mostly men were voted in. Conclusion: The study concluded that the level of literacy influenced voting behavior whereby, those in leadership and literate had a great influence on the choices made by the less literate. Recommendation: The study recommends increased dialogue and leadership training programs for the youth. Efforts to reclaim credibility of the electoral system and process should be made by the government through proper implementation of laws and civic education.
目的:本研究的目的是探讨文化因素、种族因素、代际因素、政治意识形态和法律素养对青年投票行为的影响。方法:采用问卷法收集定量和定性数据,包括封闭式和开放式问题。定量数据采用SPSS (Statistical Package for Social Sciences)软件进行分析,定性数据采用专题分析。调查结果以表格、百分比和条形图的形式呈现。结果:调查结果显示,青年的投票模式在一定程度上受到文化的影响。该国社区的父权性质决定了投票行为,因为大多数是男性被投票。结论:研究得出文化水平影响投票行为的结论,其中领导和文化对文化程度较低的人的选择有很大的影响。建议:该研究建议为青年增加对话和领导力培训项目。政府应该通过适当的法律实施和公民教育,努力恢复选举制度和选举过程的可信度。
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引用次数: 0
Cultural Politics and Youth Peer Interaction in Nigeria 尼日利亚的文化政治和青年同伴互动
Pub Date : 2022-11-07 DOI: 10.58425/ajlps.v1i1.53
Alade Agboola, Abisoye Adaobi
Purpose: The purpose of this study was to investigate the level of cultural political orientations and the formation of such political orientations in Lagos City.Methodology: The study employed the qualitative method in collecting and analyzing data. Purposive sampling and snowballing were used in the study. The study used oral interviews in the collection of primary data. Qualitative Data was arranged in a thematic way, and then analyzed.Results: The study revealed that the family and media socialize the youth in cultural politics while the peer, the school, and its environment does not but creates awareness of the diverse communities in the society.Conclusion: The study concluded that there are several points of cultural peer interaction among the youth.Recommendation: The study recommends to resolve areas of contradiction in politics of the young people by entrenching good values in the constitution to prevent the family, the peer, the school and its environment.  This can avoid manipulating the youth along cultural lines during political peer interaction. 
目的:本研究的目的是调查拉各斯市文化政治取向的水平及其政治取向的形成。方法:本研究采用定性方法收集和分析资料。本研究采用目的性抽样法和滚雪球法。本研究采用口头访谈的方式收集原始数据。对定性数据进行专题整理,然后进行分析。结果:研究发现,家庭和媒体对青少年的文化政治有社会化作用,而同伴、学校及其环境对青少年的文化政治没有社会化作用,反而形成了青少年对社会多元群体的认识。结论:本研究总结出青少年文化同伴互动的几个方面。建议:研究建议通过在宪法中确立良好的价值观来解决年轻人在政治上的矛盾,以防止家庭、同伴、学校及其环境。这可以避免在政治同伴互动中沿着文化路线操纵年轻人。
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引用次数: 0
Exploration of International Law and Regulations of Child Trafficking in Togo 多哥贩运儿童问题的国际法和法规探讨
Pub Date : 2022-11-07 DOI: 10.58425/ajlps.v1i1.57
Emmanuel Komla, Lawson Koffi
Purpose: The purpose of this study was to investigate the International Law and regulations on child trafficking in Togo. Methodology: The research used exploratory research design. This enabled the collecting of data on several variables which were then examined for recurring patterns using thematic analysis later presented as themes. The study used purposive and snowballing sampling techniques. Findings: The findings revealed that Togo is amongst the friendliest nations in child protection laws and has been instrumental in promoting regional collaboration in the fight against child trafficking. However, child trafficking cases are still on the rise, and there is a lot to be done to implement laws. Conclusion: The study concluded that the Togo’s implementation of anti-child trafficking laws was lax. Togo is a child friendly nation; however, a lot needs to be done to implement child protection laws and awareness creation.  Recommendation: The study recommends the department of children services should liaise with the media, religious institutions, and the ministry of education to create awareness of child trafficking among children and parents.
目的:本研究的目的是调查多哥关于贩卖儿童的国际法和条例。研究方法:采用探索性研究设计。这样就可以收集关于若干变量的数据,然后利用专题分析检查这些变量的重复模式,这些分析后来作为主题提出。该研究采用了有目的和滚雪球抽样技术。调查结果:调查结果显示,多哥是儿童保护法最友好的国家之一,并在促进打击贩运儿童的区域合作方面发挥了重要作用。然而,儿童拐卖案件仍在上升,在执行法律方面还有很多工作要做。结论:该研究得出的结论是,多哥对反拐卖儿童法律的执行是松懈的。多哥是一个对儿童友好的国家;然而,在实施儿童保护法和提高意识方面还有很多工作要做。建议:该研究建议,儿童服务部门应与媒体、宗教机构和教育部联系,提高儿童和家长对拐卖儿童的认识。
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引用次数: 0
Determinants of Women Parliamentary Roles in Liberia 利比里亚妇女议会角色的决定因素
Pub Date : 2022-11-07 DOI: 10.58425/ajlps.v1i1.55
Victoria Molubah, Eric Senneh
Purpose: The purpose of this study was to investigate the determinants of women participation in political leadership in, Bomi County. Methodology: The sample size will be determined using Krejice and Morgan Formula. The research instruments will generate quantitative and qualitative data. Qualitative data will be analyzed by use of thematic analysis and the results will be presented in a prose form. Quantitative data will be analyzed by use of both inferential and descriptive statistics. Descriptive statistics will include percentages, and frequencies, mean, and standard deviation. Findings: The study revealed that in the society that we are living in it is controlled and subjugated by men over women and that men are given a superior societal prominence over females which has crept into public life and is reflected even in state performance and in county governments in Liberia. Conclusion: The study concludes that Liberia as a country is expected to take lawmaking and channel which include confirmatory action programs and strategies intended to restore shortcoming encountered by women due to prejudice. Recommendation: The study recommends Women should be exposed to work in sections with higher amount of progressive advancement or in areas that transform to executive progression since they are not inferior provided, they have the same qualifications with the male counter parts. 
目的:本研究的目的是探讨博米县妇女参与政治领导的决定因素。方法:采用Krejice和Morgan公式确定样本量。研究工具将产生定量和定性数据。定性数据将分析使用专题分析和结果将在散文形式提出。定量数据将通过使用推理和描述统计进行分析。描述性统计将包括百分比、频率、平均值和标准偏差。研究结果:研究表明,在我们所生活的社会中,男性对女性的控制和征服,男性被赋予了高于女性的社会地位,这已经渗透到公共生活中,甚至反映在利比里亚的国家绩效和县政府中。结论:该研究得出结论,利比里亚作为一个国家有望采取立法和渠道,其中包括旨在恢复妇女因偏见而遇到的缺点的确认性行动方案和战略。建议:该研究建议,女性应该在晋升幅度较大的部门或向高管晋升转变的领域工作,因为只要她们具备与男性同行相同的资格,她们就不会处于劣势。
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引用次数: 0
Female Participation in Parliamentary Elections and their Perceptions of Political Efficacy in Angola 安哥拉妇女参加议会选举及其对政治效能的看法
Pub Date : 2022-11-07 DOI: 10.58425/ajlps.v1i1.56
Beatriz Bernardo, Nelson De Almeida
Purpose: The purpose of this study was to investigate the effects of personality traits and political efficacy on electoral outcomes among selected female parliamentary contestants during general elections in Angola. Methodology: It used purposive and snowball sampling methods. Data was collected using the BFI and PES Scales. Descriptive statistics were used to analyze participant’s demographic information. A One-way ANOVA was used to examine differences while a Chi-Square was used to examine associations between successful and non-successful contestants. Findings: The study found a positive association between external efficacy and electoral outcome χ2 (2, n=42) = 8.04, p = .005. An ANOVA yielded no significant difference in extraversion between successful (M = 4.18, SD = 1.00) and non-successful (M = 0.519, SD = .519) participants (F (1, 40) =.984, p = .327); no significant differences in neuroticism between successful (M = 2.00, SD =.54) and non-successful (M = 1.99, SD =.533) participants (F (1, 40), .005, p = .946); no significant difference in openness between successful (M = 3.89, SD =.563) and non-successful (M = 3.72, SD =.734) participants (F (1, 40), .717, p = 402). Conclusion: In conclusion, the study found personality traits and political efficacy judgments as able to determine electoral outcomes. It was evident that external and internal political efficacy associated with electoral success and moderate the effect of personality traits. Recommendation: The study proposed that female political aspirants should seek personality assessment and counselling to enhance self-understanding, harness the strengths of their personality trait and manage its weaknesses and they should nurture personality traits and political efficacy judgements that enhance their connection and favor with the electorate.   
目的:本研究的目的是探讨人格特质和政治效能对安哥拉大选女性议会候选人选举结果的影响。方法:采用目的抽样法和滚雪球抽样法。使用BFI和PES量表收集数据。使用描述性统计分析参与者的人口统计信息。使用单因素方差分析来检查差异,而使用卡方来检查成功和不成功的参赛者之间的关联。结果:研究发现外部疗效与选举结果呈正相关χ2 (2, n=42) = 8.04, p = 0.005。方差分析显示,成功参与者(M = 4.18, SD = 1.00)和不成功参与者(M = 0.519, SD = 0.519)的外向性没有显著差异(F(1,40) =)。984, p = .327);成功参与者(M = 2.00, SD = 0.54)和不成功参与者(M = 1.99, SD = 0.533)的神经质程度无显著差异(F (1,40), 0.005, p = 0.946);成功参与者(M = 3.89, SD =.563)与不成功参与者(M = 3.72, SD =.734)的开放性无显著差异(F (1,40), 0.717, p = 402)。结论:总之,研究发现人格特质和政治效能判断能够决定选举结果。很明显,外部和内部的政治效能与选举成功有关,并缓和了人格特质的影响。建议:本研究建议女性参政人士应寻求人格评估及辅导,以增进自我了解,善用人格特质之长处,管理其短处,并培养能增进与选民联系及好感的人格特质及政治效能判断。
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引用次数: 0
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American Journal of Law and Political Science
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