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Juridical Analysis of Farmer Group Legal Security 农民群体法律保障的法律分析
Q3 Social Sciences Pub Date : 2023-09-28 DOI: 10.36079/lamintang.ijlapp-0502.516
None Sulistio
Farmers have made a real contribution to agricultural development and rural economic development. to realize food sovereignty, “food self-sufficiency and food security in a sustainable manner, farmers as actors of agricultural development need to be given protection”. The idea of forming a group comes from the fact that each individual cannot fulfil their needs individually as experienced by the less fortunate Panoramic farmer groups so they need support to develop their socio-economic life. The research was conducted as an effort to prove that the counselling activities provided were able to encourage the group. This study uses a legal sociology approach. This research took place in Pamotan Village, Dampit District, Malang Regency. Primary data was obtained from observation and direct interviews with informants and data analysis using interactive analysis models. The results of the study found that the Malang district government played a role in the development of panoramic farmer groups by providing counselling and training to members of farmer groups, this phenomenon indicates that the government and stakeholders have participated in carrying out their duties based on the provisions of Article 66 of Law Number 19 of 2013 concerning Protection and Empowerment Farmers, by facilitating farming capital, are proven to have legal protection for the Panoramic Farmer Group. They receive assistance from the government in the form of KUR loan assistance for agricultural operations with small interest and also receive assistance in the form of machinery, transportation equipment and building materials to support the quality of the Panorama Farmer Group's farmer production.
农民为农业发展和农村经济发展做出了实实在在的贡献。为了实现粮食主权,“以可持续的方式实现粮食自给自足和粮食安全,需要保护农民作为农业发展的行动者”。形成一个群体的想法来自这样一个事实,即每个人都不能像不幸的全景农民群体那样单独满足他们的需求,因此他们需要支持来发展他们的社会经济生活。进行这项研究是为了证明所提供的咨询活动能够鼓励这一群体。本研究采用法律社会学方法。这项研究在玛琅摄政丹皮特区Pamotan村进行。主要数据来自观察和对举报人的直接访谈,并使用交互式分析模型进行数据分析。研究结果发现,玛琅区政府通过向农民团体成员提供咨询和培训,在全景农民团体的发展中发挥了作用,这一现象表明,政府和利益相关者根据2013年第19号法律第66条关于保护和赋权农民的规定,通过促进农业资本,参与履行其职责。已被证明对全景农民集团具有法律保护。他们从政府获得小额农业贷款援助,还获得机械、运输设备和建筑材料的援助,以支持全景农民集团农民生产的质量。
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引用次数: 0
Role of Divestment in Realizing the Welfare of Indonesian 撤资在实现印尼人福利中的作用
Q3 Social Sciences Pub Date : 2023-09-28 DOI: 10.36079/lamintang.ijlapp-0502.540
Suwarsit Suwarsit
Welfare state is a country that participates in the economic interests of its people. Divestment is the sale of business carried out by a company and is the opposite of investment. Given the definitions, this study aims to find out if divestment can create an Indonesian welfare state. The results of the study show that in realizing the Indonesian welfare state, divestment should be carried out by foreign companies by selling their shares to the Indonesian side through the sovereignty owned by the Indonesian State in the mineral and coal mining sector. Sovereignty owned by the Indonesian state plays an important role for the Indonesian state to oblige the divestment of foreign companies. Without the sovereignty of the Indonesian state, the divestment of foreign companies in Indonesian is unlikely to occur.
福利国家是参与国民经济利益的国家。撤资是指出售公司的业务,与投资相反。鉴于这些定义,本研究旨在找出撤资是否可以创造一个印度尼西亚的福利国家。研究结果表明,在实现印尼福利国家的过程中,应由外国公司通过印尼国家在矿产和煤炭开采部门拥有的主权,将其股份出售给印尼方进行撤资。印尼国家拥有的主权在印尼国家强制外资企业撤资中起着重要作用。没有印尼国家的主权,在印尼的外国公司的撤资是不可能发生的。
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引用次数: 0
Policy Communities and Natural Disasters: Cyclone Eline and Idai in Zimbabwe 政策、社区和自然灾害:津巴布韦的飓风艾琳和伊代
Q3 Social Sciences Pub Date : 2023-09-28 DOI: 10.36079/lamintang.ijlapp-0502.538
Bismark Mutizwa
Zimbabwe is vulnerable to natural disaster of various kinds including earthquakes but the most common and destructive have been cyclones which appear to be more frequent and aggressive in recent years. This paper seeks to explore the heuristic value of the concept of policy community in understanding how cyclones are dealt with throughout the natural disaster cyclone. As such, the paper`s ambition is not so much to understand cyclones as natural disasters - admittedly an important subject on its own - but to dissect how policy stakeholders i.e those who are affected and want to affect the policy problem respond to cyclones that ravage Zimbabwe, especially the eastern part of the country.
津巴布韦容易受到包括地震在内的各种自然灾害的影响,但最常见和最具破坏性的是近年来似乎更频繁和更猛烈的旋风。本文旨在探讨政策共同体概念的启发式价值,以了解气旋在整个自然灾害中是如何处理的。因此,这篇论文的目标并不是把飓风当作自然灾害来理解——诚然,这本身就是一个重要的主题——而是剖析政策利益相关者,即那些受影响并希望影响政策问题的人,如何应对肆虐津巴布韦,特别是该国东部地区的飓风。
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引用次数: 0
Civil and Political Rights in Constitutionality of Accommodation of Individual Candidates and Elimination of Presidential Thresholds from the Perspective of the 1945 Constitution 从1945年《宪法》看《个人候选人安置与总统门槛取消》的合宪性中的公民权利和政治权利
Q3 Social Sciences Pub Date : 2023-09-27 DOI: 10.36079/lamintang.ijlapp-0502.499
Ahmad Sabirin, Maya Indrasti Notoprayitno, Jihad Ramadhan, Raafid Haidar Herfian
Indonesia will hold presidential and vice-presidential elections, however, currently, the election mechanism for presidential and vice-presidential candidates only accommodated nominations through political parties and also still uses the provisions of the Presidential Threshold. Indonesia is a country that adheres to a democratic system which of course strongly adheres to the principle of people's sovereignty which guarantees the rights of all its citizens, and should also accommodate the mechanism of presidential nomination through individual or independent channels. Thus, blocking the rights of some citizens who wish to nominate themselves through non-political party channels, indicates that democratic principles have not been implemented properly. Based on this background, the formulation of the problem, how is the accommodation of individual candidates in the presidential election and the elimination of the presidential nomination threshold in Indonesia and the solution as a democratic country from the perspective of the 1945 Constitution? The type of research used is juridical-normative research, in designing the format of the mechanism for the recruitment of candidates for president and vice president in the electoral system in Indonesia, it must be by democratic principles, this is based on the preamble of the 1945 Constitution as the highest law in Indonesia that adheres to the principle of people's sovereignty. To implement democratic principles well in general elections, Indonesia needs to apply a two-door recruitment mechanism format, which is a format that provides two kinds of doors as a nomination pathway. Based on this, it is necessary to immediately implement and realize a two-door nomination mechanism, namely through political parties and also through individual or independent channels in the Presidential Election and it is also necessary to remove the Presidential Threshold to carry out democratic elections. and justice to maintain peace and prosperity.
印度尼西亚将举行总统和副总统选举,但目前总统和副总统候选人的选举机制只允许通过政党提名,并且仍然使用总统门槛的规定。印度尼西亚是一个坚持民主制度的国家,这种制度当然坚决坚持人民主权的原则,保证其所有公民的权利,而且还应通过个别或独立的渠道提供总统提名机制。因此,阻止一些希望通过非政党渠道提名自己的公民的权利,表明民主原则没有得到适当的执行。基于这一背景,问题的提出,印尼总统选举中个人候选人的迁就和总统提名门槛的取消,以及作为民主国家如何从1945年宪法的角度来解决?使用的研究类型是司法规范研究,在设计印度尼西亚选举制度中总统和副总统候选人招募机制的格式时,必须遵循民主原则,这是基于1945年宪法的序言,这是印度尼西亚坚持人民主权原则的最高法律。为了在大选中很好地贯彻民主原则,印度尼西亚需要采用提供两扇门作为提名途径的“双门招聘机制”形式。在此基础上,有必要在总统选举中立即实施和实现通过政党和通过个人或独立渠道的双门提名机制,也有必要取消总统门槛,进行民主选举。以正义维护和平与繁荣。
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引用次数: 0
Examining the Occupational Safety and Health Hazards encountered by Municipal Waste Collectors in Murewa Rural District Council, Zimbabwe 审查津巴布韦穆雷瓦农村地区委员会城市废物收集者遇到的职业安全和健康危害
Q3 Social Sciences Pub Date : 2023-09-27 DOI: 10.36079/lamintang.ijlapp-0502.532
Kudakwashe Intauno, Leon Poshai
The failure of Zimbabwean local authorities to implement contemporary waste management technology, combined with refuse management incapacity exposes handlers of solid waste to work-related diseases and accidents. The study sought to use Murewa Rural District Council (RDC) as a case study and a mixed-method that triangulated qualitative and quantitative research methodologies was employed as a method of inquiry. The study established that, in Murewa, there is an irregular garbage collection schedule which results in piles of uncollected refuse on roadsides, street corners and other undesignated areas. The illegal dumping of refuse and overflowing of garbage bins have become an eyesore in Murewa Township Centre. The people employed to clean this mess are often ill equipped to clean the garbage in hygienic ways as they often use their bare hands to shovel the garbage from dumpsites and overloaded bins into the refuse collection trucks. In doing this, these workers are exposed to biological hazards such as bacteria, fungi, viruses, parasites and cysts. To minimise the associated hazards, the study suggests, among other things, that the Murewa Rural District Council should improve workplace safety and health for employees by modifying workplace and process design and by adhering to the hazard identification and risk assessment methodology.
津巴布韦地方当局未能实施当代废物管理技术,再加上垃圾管理能力低下,使固体废物处理者面临与工作有关的疾病和事故。该研究试图以Murewa农村地区委员会(RDC)为案例研究,并采用三角定性和定量研究方法作为调查方法的混合方法。该研究证实,在Murewa,垃圾收集时间表不规范,导致路边、街角和其他非指定区域堆放着成堆未收集的垃圾。非法倾倒垃圾和满溢的垃圾箱已经成为穆雷瓦镇中心的一个眼中钉。被雇来清理这些垃圾的人往往缺乏清洁垃圾的卫生能力,因为他们经常徒手把垃圾从垃圾场和超载的垃圾箱里铲到垃圾收集车上。在这样做的过程中,这些工人接触到细菌、真菌、病毒、寄生虫和囊肿等生物危害。为了尽量减少相关的危害,该研究建议,除其他外,Murewa农村地区议会应通过修改工作场所和流程设计,并坚持危害识别和风险评估方法,改善工作场所的安全和雇员健康。
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引用次数: 0
Personal Data Protection as a Tool to Fight Cyber Corruption 保护个人资料以打击网络贪污
Q3 Social Sciences Pub Date : 2023-09-17 DOI: 10.59022/ijlp.119
Said Gulyamov, Sherzod Raimberdiyev
As digital technologies proliferate, personal data vulnerabilities enable new forms of systemic corruption. Robust data protection frameworks are essential safeguards, yet remain underutilized in anti-corruption efforts. This paper analyzes the complex intersection between privacy, cyber-security and corruption. Rapid technological change has led to exponential growth in personal data generation. However, legal and ethical oversight lags behind. Vast troves of user data are harvested, often without full consent or transparency, creating information asymmetries ripe for abuse. Data may be exploited, manipulated, or weaponized to enable digital authoritarianism, cybercrime, discrimination, elite capture, and other corrupt ends. Users lack control over or visibility into data misuse once obtained. Case examples showcase vulnerabilities across sectors. Tighter constraints on data collection, use and sharing, coupled with oversight and accountability measures, can help rein in these risks. While data protection principles increasingly shape global governance frameworks, considerable implementation and enforcement gaps persist. Integrating privacy into anti-corruption programs as a core pillar, alongside transparency and ethics initiatives, is vital to secure the data flows underpinning digital societies against corrupt interests.
随着数字技术的激增,个人数据漏洞催生了新形式的系统性腐败。健全的数据保护框架是必不可少的保障措施,但在反腐败工作中仍未得到充分利用。本文分析了隐私、网络安全和腐败之间的复杂交集。快速的技术变革导致个人数据生成呈指数级增长。然而,法律和道德监管滞后。大量用户数据被收集,往往未经完全同意或不透明,造成了信息不对称,很容易被滥用。数据可能被利用、操纵或武器化,以实现数字威权主义、网络犯罪、歧视、精英捕获和其他腐败目的。一旦获得数据,用户就缺乏对数据滥用的控制或可见性。案例展示了各行业的脆弱性。加强对数据收集、使用和共享的限制,加上监督和问责措施,可以帮助控制这些风险。虽然数据保护原则对全球治理框架的影响越来越大,但在实施和执法方面仍存在相当大的差距。将隐私与透明度和道德倡议一起作为核心支柱纳入反腐败计划,对于确保支撑数字社会的数据流免受腐败利益的侵害至关重要。
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引用次数: 0
Sustainable Energy Investment and Environmental Development 可持续能源投资与环境发展
Q3 Social Sciences Pub Date : 2023-09-10 DOI: 10.47604/jpid.2095
James Moussa
Purpose: The aim of the study was to investigate sustainable energy investment and environmental development Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries. Findings: The study's findings investigated the relationship between sustainable energy investment and environmental development across multiple countries. Using panel data analysis, they found a significant and positive correlation between sustainable energy investment and indicators of environmental development, including reduced carbon emissions and improved air quality. This suggests that directing resources toward sustainable energy projects can effectively contribute to better environmental outcomes. Policymakers are encouraged to prioritize and incentivize sustainable energy investment, as it can play a pivotal role in achieving environmental goals and fostering global sustainability. Unique Contribution to Theory, Practice and Policy: Environmental Kuznets Curve (EKC) Theory and Ecological Modernization Theory may be used to anchor future studies on Sustainable Energy Investment and Environmental Development. Prioritize energy efficiency measures in industries, buildings, and transportation. Collaborate with other nations to share best practices, technologies, and policies for sustainable energy and environmental development.
目的:研究的目的是探讨可持续能源投资与环境发展 研究方法:本研究采用桌面法。书桌式研究设计通常被称为二次资料收集。这基本上是从现有资源中收集数据,因为与实地研究相比,它的成本较低。我们目前的研究调查了已经发表的研究和报告,因为数据可以很容易地通过在线期刊和图书馆访问。研究结果:研究结果调查了多个国家可持续能源投资与环境发展之间的关系。通过面板数据分析,他们发现可持续能源投资与环境发展指标(包括减少碳排放和改善空气质量)之间存在显著的正相关关系。这表明,将资源导向可持续能源项目可以有效地促进更好的环境结果。鼓励政策制定者优先考虑和激励可持续能源投资,因为它可以在实现环境目标和促进全球可持续性方面发挥关键作用。在理论、实践和政策方面的独特贡献:环境库兹涅茨曲线理论和生态现代化理论可以为未来可持续能源投资与环境发展的研究奠定基础。优先考虑工业、建筑和交通领域的节能措施。与其他国家合作,分享可持续能源和环境发展的最佳实践、技术和政策。
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 Methodology: This study adopted a desk methodology. A desk study research design is commonly known as secondary data collection. This is basically collecting data from existing resources preferably because of its low cost advantage as compared to a field research. Our current study looked into already published studies and reports as the data was easily accessed through online journals and libraries.
 Findings: The study's findings investigated the relationship between sustainable energy investment and environmental development across multiple countries. Using panel data analysis, they found a significant and positive correlation between sustainable energy investment and indicators of environmental development, including reduced carbon emissions and improved air quality. This suggests that directing resources toward sustainable energy projects can effectively contribute to better environmental outcomes. Policymakers are encouraged to prioritize and incentivize sustainable energy investment, as it can play a pivotal role in achieving environmental goals and fostering global sustainability.
 Unique Contribution to Theory, Practice and Policy: Environmental Kuznets Curve (EKC) Theory and Ecological Modernization Theory may be used to anchor future studies on Sustainable Energy Investment and Environmental Development. Prioritize energy efficiency measures in industries, buildings, and transportation. Collaborate with other nations to share best practices, technologies, and policies for sustainable energy and environmental development.","PeriodicalId":38248,"journal":{"name":"International Journal of Public Law and Policy","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136072043","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}
引用次数: 0
Challenges Relating to the Collection and Distribution of Royalties for Musical Works in Cameroon 喀麦隆音乐作品版税的收集和分配面临的挑战
Q3 Social Sciences Pub Date : 2023-08-31 DOI: 10.47604/ijlp.2083
Ngole Obi
Purpose: The purpose of the study was to explore and analyze the challenges related to the collection and distribution of royalties for musical works in Cameroon. The music industry plays a significant role in the cultural and economic development of the country, making it crucial to ensure a fair and efficient system for royalty management.[1] Methodology: The study employed qualitative method that involved a combination of literature review, interviews, and analysis of existing data. Relevant literature on royalty collection and distribution systems in both national and international settings were examined to provide a comprehensive understanding of the subject matter.[2] Findings: The findings of this study highlighted several significant challenges faced in the collection and distribution of royalties. These issues contribute to the overall inefficiency and unfairness of the current royalty system, resulting in financial loss of artists. Based on the research findings, several recommendations are proposed to address the identified challenges. Unique Contribution to Theory, Practice and Policy: The theory of the research sheds light on the specific challenges faced by rights holders in musical arts in Cameroon, providing a comprehensive understanding of the complex dynamics of the local music industry.[3] In terms of policy, this study has the potential to influence the development and implementation of policies related to royalty collection and distribution in Cameroon. The research findings and recommendations can be used as evidence-based insights by policymakers, copyright organizations, and government agencies to shape new policies or reform existing ones.[4] Overall, the unique contribution of this study lies in its comprehensive analysis of the challenges faced in the collection and distribution of royalties for musical works as well as its practical recommendations for addressing these challenges. By bridging the gap between theory, practice, and policy, this research aims to make a meaningful impact on the music industry in Cameroon and potentially serve as a reference for similar contexts globally.  
目的:本研究的目的是探索和分析与喀麦隆音乐作品版税的收集和分配相关的挑战。音乐产业在国家的文化和经济发展中扮演着重要的角色,因此确保一个公平有效的版税管理系统至关重要研究方法:本研究采用定性方法,包括文献综述、访谈和现有数据分析相结合。对国家和国际背景下关于版税征收和分配制度的相关文献进行了审查,以提供对主题的全面理解研究结果:本研究的结果突出了版税征收和分配面临的几个重大挑战。这些问题导致了当前版税制度的整体效率低下和不公平,导致了艺术家的经济损失。根据研究结果,提出了几项建议,以解决已确定的挑战。对理论、实践和政策的独特贡献:该研究的理论揭示了喀麦隆音乐艺术版权所有者所面临的具体挑战,提供了对当地音乐产业复杂动态的全面理解在政策方面,本研究有可能影响喀麦隆版税征收和分配相关政策的制定和实施。研究结果和建议可以作为决策者、版权组织和政府机构制定新政策或改革现有政策的基于证据的见解总的来说,这项研究的独特贡献在于它全面分析了音乐作品版税征收和分配所面临的挑战,并为解决这些挑战提出了切实可行的建议。通过弥合理论、实践和政策之间的差距,本研究旨在对喀麦隆的音乐产业产生有意义的影响,并可能为全球类似的背景提供参考。
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引用次数: 0
Incorporation of Criminological Theories in the Cameroonian Criminal Justice System 将犯罪学理论纳入喀麦隆刑事司法系统
Q3 Social Sciences Pub Date : 2023-08-23 DOI: 10.47604/ijlp.2072
Emmanuel Ebolloh, I. Sama-Lang, T. Ojong
Purpose: The study examined the incorporation of criminological theories notably the Classical school, Neo- Classical School, Positive school as well as the Anomie School of thought in the Cameroon Criminal justice system. Methodology: Criminological theories focus in explaining the causes of crime identify the risk factors for committing crime and explaining how and why certain laws are created and implemented. The methodology adopted for purposes of this article is qualitative which is concerned with qualitative phenomenon and the chosen methods are doctrinal and empirical which involves a content analysis of existing literature, case law and observations. Findings: The study discovered that the perception of criminological theories as articulated in the Cameroon Criminal Procedure Code, Cameroon Penal Code and other pieces of legislations have not been fully understood and implemented and this constitutes a major problem. This article concludes that the major protagonists who animated debate during the seventeen and eighteen centuries wanted a total overhaul of the criminal justice system in order to improve the welfare of the society and so were inspired with humanitarianism that gave them the urge to question the arbitrariness, cruelty, goriness and inefficiency of the criminal justice system and prison across the globe. Unique Contribution to Theory, Practice and Policy: The study recommended that understanding why a person commits a crime and why individuals behave in certain ways, would help policy makers to develop a better and efficient ways of fully incorporating these criminological theories in the Cameroon Criminal justice system that will shape the ways to control crime and rehabilitate the criminal.
目的:本研究考察了喀麦隆刑事司法系统中犯罪学理论的结合,特别是古典学派、新古典学派、实证学派和失范学派。方法:犯罪学理论侧重于解释犯罪的原因,确定犯罪的风险因素,并解释如何以及为什么制定和实施某些法律。本文所采用的方法是定性的,即关注定性现象,所选择的方法是理论和经验的,包括对现有文献、判例法和观察的内容分析。调查结果:研究发现,喀麦隆《刑事诉讼法》、《喀麦隆刑法典》和其他立法中所阐述的犯罪学理论的认识尚未得到充分理解和执行,这构成了一个主要问题。这篇文章的结论是,在17世纪和18世纪引发辩论的主要人物希望对刑事司法系统进行全面改革,以改善社会福利,因此受到人道主义的启发,促使他们对全球刑事司法系统和监狱的任意性、残忍、血腥和低效提出质疑。对理论、实践和政策的独特贡献:该研究建议,了解一个人犯罪的原因以及个人行为的特定方式,将有助于政策制定者制定更好、更有效的方法,将这些犯罪学理论充分纳入喀麦隆刑事司法系统,从而形成控制犯罪和改造罪犯的方法。
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引用次数: 0
Legal Regulation of Foreign Investment Regime in the Oil and Gas Sector of Uzbekistan 乌兹别克斯坦石油和天然气部门外国投资制度的法律规制
Q3 Social Sciences Pub Date : 2023-07-17 DOI: 10.59022/ijlp.99
Bayzakova Diana, Bakhtiyorovna
This article examines the legal regulation of foreign investment in the oil and gas sector of Uzbekistan. It analyzes the challenges and issues faced in attracting foreign investment, explores existing legal frameworks, and proposes strategies for enhancing foreign investment in the sector. The study critically evaluates the practical and legal implications of the regulatory regime and highlights the significance of the research for the legal framework governing foreign investment in Uzbekistan's oil and gas sector.
本文考察了乌兹别克斯坦石油和天然气部门外国投资的法律法规。它分析了在吸引外国投资方面面临的挑战和问题,探讨了现有的法律框架,并提出了加强该部门外国投资的战略。该研究批判性地评估了监管制度的实际和法律影响,并强调了该研究对乌兹别克斯坦石油和天然气部门外国投资法律框架的重要性。
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引用次数: 0
期刊
International Journal of Public Law and Policy
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