Pub Date : 2024-05-17DOI: 10.11648/j.ijls.20240702.12
Qingran Liu, Jingyi Yu
Environmental public interest litigation serves as an effective mechanism for environmental protection. A comprehensive literature review in environmental public interest litigation holds significant implications for both practical applications and theoretical advancements. This study utilized CiteSpace analysis software to examine the research hotspots and evolving trends in this field based on 978 articles from the CNKI database (839 articles) and the Web of Science core collection (139 articles) published between 2003 and 2023. The results indicated: (1) In terms of publication volume, the field of environmental public interest litigation in both China and abroad has undergone three phases: an initial exploration phase, a phase of steady development, and a phase characterized by fluctuations in growth or decline. (2) Regarding institutional collaborations, research alliances between Chinese and international institutions in this domain are relatively limited. (3) From keyword co-occurrence and keyword burst perspective, both domestic and international studies predominately focus on “public participation”, and burst keywords such as “plaintiff qualifications” and “environmental jurisprudence” continue to be central themes in Chinese publications. (4) Keyword Time-Zone map reveals that shifts in research hotspots closely align with advancements in legal regulations within the practice sector. This study extends prior work by temporal scope, literature breadth, and issue depth, summarizing the environmental public interest litigation research under different backgrounds thereby providing advice for future development in China.
{"title":"Analyzing Environmental Public Interest Litigation Research (2003-2023) Through Bibliometrics and CiteSpace: The Perspective of China","authors":"Qingran Liu, Jingyi Yu","doi":"10.11648/j.ijls.20240702.12","DOIUrl":"https://doi.org/10.11648/j.ijls.20240702.12","url":null,"abstract":"Environmental public interest litigation serves as an effective mechanism for environmental protection. A comprehensive literature review in environmental public interest litigation holds significant implications for both practical applications and theoretical advancements. This study utilized CiteSpace analysis software to examine the research hotspots and evolving trends in this field based on 978 articles from the CNKI database (839 articles) and the Web of Science core collection (139 articles) published between 2003 and 2023. The results indicated: (1) In terms of publication volume, the field of environmental public interest litigation in both China and abroad has undergone three phases: an initial exploration phase, a phase of steady development, and a phase characterized by fluctuations in growth or decline. (2) Regarding institutional collaborations, research alliances between Chinese and international institutions in this domain are relatively limited. (3) From keyword co-occurrence and keyword burst perspective, both domestic and international studies predominately focus on “public participation”, and burst keywords such as “plaintiff qualifications” and “environmental jurisprudence” continue to be central themes in Chinese publications. (4) Keyword Time-Zone map reveals that shifts in research hotspots closely align with advancements in legal regulations within the practice sector. This study extends prior work by temporal scope, literature breadth, and issue depth, summarizing the environmental public interest litigation research under different backgrounds thereby providing advice for future development in China.\u0000","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"104 15","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141126064","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}
Pub Date : 2024-04-02DOI: 10.11648/j.ijls.20240701.16
Younis Ali
The Author has done his utmost to draw distinctions between the Iraqi civil law No. (40) of 1951 from one hand and the Islamic jurisprudence, the English common law and some other Arab comparative laws. Although the Iraqi civil law is affected by the Islamic jurisprudence, and borrows the term of guaranteeing the harmful act from the juristic maxims of this jurisprudence. But it adopts impliedly the concept of the fault in the first paragraph of the article (186), by stipulating the willfulness or encroachment of both the perpetrator and the abettor. Thus confusing between the system of the guarantee and that of the liability. Unlike the Islamic jurisprudence which adopts the idea of guaranteeing the harmful act, and distinguishes obviously between the guaranteeing of the perpetrator and that of the abettor. Or between the act done directly by perpetration and indirectly by causation, and does not recognize the idea of the fault. As far as the English common law is concerned, it adopts the fault-based liability as a general principle, the same is true for the Egyptian civil law No. 131 of 1948. Whereas both the Jordanian Civil Law No. 43 of 1976, and the Federal civil transactions law No. 5 of 1985 of the United Arab Emirates adopt the idea of guaranteeing the harm rather than the fault. The problem of the research lies in the confusion, embarrassment and perplexity in the situation of the Iraqi civil law concerning the basic element of the fault in the tortious liability. Therefore the author tries hard to solve confusion, remove both the embarrassment and perplexity by analyzing the true situation of the Iraqi civil law towards this basic element, and comparing it with the Islamic jurisprudence, which is considered as its original historical source, by which it is highly affected. As well as the English common law, considered as the leading legal system within the Anglo-American legal system, and different from the civil law system, led by the French civil code, by which the Iraqi civil law is indirectly affected, through being affected by the Egyptian civil law. The author suggests some relevant recommendations, the most important of which is thedistinction between the system of the liability and that of guaranteeing the harmful act, and adopt the former in the case of the damage done by perpetration, and the latter in the case of the damage done by causation.
{"title":"The Extent to Which the Fault Is Required as a Basic Element of the Tortious Liability in the Iraqi Civil Law: An Analytical Comparative Study","authors":"Younis Ali","doi":"10.11648/j.ijls.20240701.16","DOIUrl":"https://doi.org/10.11648/j.ijls.20240701.16","url":null,"abstract":"The Author has done his utmost to draw distinctions between the Iraqi civil law No. (40) of 1951 from one hand and the Islamic jurisprudence, the English common law and some other Arab comparative laws. Although the Iraqi civil law is affected by the Islamic jurisprudence, and borrows the term of guaranteeing the harmful act from the juristic maxims of this jurisprudence. But it adopts impliedly the concept of the fault in the first paragraph of the article (186), by stipulating the willfulness or encroachment of both the perpetrator and the abettor. Thus confusing between the system of the guarantee and that of the liability. Unlike the Islamic jurisprudence which adopts the idea of guaranteeing the harmful act, and distinguishes obviously between the guaranteeing of the perpetrator and that of the abettor. Or between the act done directly by perpetration and indirectly by causation, and does not recognize the idea of the fault. As far as the English common law is concerned, it adopts the fault-based liability as a general principle, the same is true for the Egyptian civil law No. 131 of 1948. Whereas both the Jordanian Civil Law No. 43 of 1976, and the Federal civil transactions law No. 5 of 1985 of the United Arab Emirates adopt the idea of guaranteeing the harm rather than the fault. The problem of the research lies in the confusion, embarrassment and perplexity in the situation of the Iraqi civil law concerning the basic element of the fault in the tortious liability. Therefore the author tries hard to solve confusion, remove both the embarrassment and perplexity by analyzing the true situation of the Iraqi civil law towards this basic element, and comparing it with the Islamic jurisprudence, which is considered as its original historical source, by which it is highly affected. As well as the English common law, considered as the leading legal system within the Anglo-American legal system, and different from the civil law system, led by the French civil code, by which the Iraqi civil law is indirectly affected, through being affected by the Egyptian civil law. The author suggests some relevant recommendations, the most important of which is thedistinction between the system of the liability and that of guaranteeing the harmful act, and adopt the former in the case of the damage done by perpetration, and the latter in the case of the damage done by causation.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"288 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140751257","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}
Pub Date : 2024-02-01DOI: 10.11648/ijls.20240701.15
Jemere Fufa
{"title":"Analyzing Ethiopia Banking Sector Credit Policy Against Environmentally Sustainable Lending","authors":"Jemere Fufa","doi":"10.11648/ijls.20240701.15","DOIUrl":"https://doi.org/10.11648/ijls.20240701.15","url":null,"abstract":"","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"15 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139871950","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}
Pub Date : 2024-02-01DOI: 10.11648/ijls.20240701.15
Jemere Fufa
{"title":"Analyzing Ethiopia Banking Sector Credit Policy Against Environmentally Sustainable Lending","authors":"Jemere Fufa","doi":"10.11648/ijls.20240701.15","DOIUrl":"https://doi.org/10.11648/ijls.20240701.15","url":null,"abstract":"","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"21 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139812254","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}
Pub Date : 2024-01-18DOI: 10.11648/j.ijls.20240701.12
E. Ndzi, Anjali Westwood, Jan Maltby
{"title":"UK Universities Letting Mothers Down: The Experiences of Breastfeeding Mothers in UK Universities","authors":"E. Ndzi, Anjali Westwood, Jan Maltby","doi":"10.11648/j.ijls.20240701.12","DOIUrl":"https://doi.org/10.11648/j.ijls.20240701.12","url":null,"abstract":"","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"121 37","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139613875","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}
Pub Date : 2024-01-11DOI: 10.11648/j.ijls.20240701.11
Christelle Molima Bameka
{"title":"Addressing the Legacy of Colonization in the Aftermath of the Armed Conflict: What Role for Transitional Justice","authors":"Christelle Molima Bameka","doi":"10.11648/j.ijls.20240701.11","DOIUrl":"https://doi.org/10.11648/j.ijls.20240701.11","url":null,"abstract":"","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":" 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139626567","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}
Pub Date : 2023-12-18DOI: 10.11648/j.ijls.20230604.15
Wanqian Luo, Yizhen Zhang, Chaoyang Yang
{"title":"On the Effect of the Abolition of the Exemption from Liability for Nautical Fault in the Rotterdam Rules","authors":"Wanqian Luo, Yizhen Zhang, Chaoyang Yang","doi":"10.11648/j.ijls.20230604.15","DOIUrl":"https://doi.org/10.11648/j.ijls.20230604.15","url":null,"abstract":"","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"30 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139174190","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}
Pub Date : 2023-12-06DOI: 10.11648/j.ijls.20230604.14
Carlos Augusto Machado de Brito
{"title":"Criminal Law Expansion and the Enemy Criminal Law: It Is Among Us","authors":"Carlos Augusto Machado de Brito","doi":"10.11648/j.ijls.20230604.14","DOIUrl":"https://doi.org/10.11648/j.ijls.20230604.14","url":null,"abstract":"","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"27 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138984073","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}
Pub Date : 2023-11-29DOI: 10.11648/j.ijls.20230604.13
Sazzadul Karim
{"title":"A Positive Approach to the Judicial Enforcement of Economic, Social, and Cultural Rights; Whether a Myth or Reality in Bangladesh","authors":"Sazzadul Karim","doi":"10.11648/j.ijls.20230604.13","DOIUrl":"https://doi.org/10.11648/j.ijls.20230604.13","url":null,"abstract":"","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"17 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139213182","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}
Pub Date : 2023-11-24DOI: 10.11648/j.ijls.20230604.12
Zhenlin Cheng, Yizhen Zhang, Chaoyang Yang
{"title":"Analysis of Several Revisions of GENCON 2022","authors":"Zhenlin Cheng, Yizhen Zhang, Chaoyang Yang","doi":"10.11648/j.ijls.20230604.12","DOIUrl":"https://doi.org/10.11648/j.ijls.20230604.12","url":null,"abstract":"","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139238791","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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