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An Examination of Political Patronage and Maladministration on State-Owned Entities with Specific Reference to South African Airways: A Literature Study 对国有实体的政治赞助和管理不善的研究,特别是对南非航空公司的研究:文献研究
Pub Date : 2024-07-19 DOI: 10.5539/jpl.v17n3p74
T. Motswaledi, J. Maseng
South Africa is one of the states across the globe that is rattled with corruption and maladministration in multiple state institutions. The high rates of corruption within the government were alarming with the local, provincial, and national levels of governance such that multiple measures and task teams were established to combat this discourse. However, this has in recent years seen the spike in corruption now overlapping the State-Owned Entities (SoEs) and not so much in governmental administration. Political elites have used their influence to penetrate the state's entities to either loot their resources, cause nepotism, or harvest tenders in a corrupt manner. Thus, political patronage has allowed the occupation of these entities due to relations at the party level which escalates to business relations. Thus, cadre deployment of less skilled individuals based on political affiliations has led to corruption and maladministration of most state entities such as South Africa Airways (SAA). Through relying on qualitative methods, specifically existing literature and various official documents which describes the effects of political patronage and maladministration on SoEs with specific reference to SAA, this paper reveals that political patronage has contributed to maladministration of SoEs. Thus, due to political patronage and maladministration SAA has failed to be an epitome of effectiveness in discharging its legislative duties.
南非是全球多个国家机构中腐败和管理不善问题最严重的国家之一。政府内部的高腐败率令人震惊,地方、省和国家各级政府都采取了多种措施和成立了工作组来打击腐败。然而,近年来,腐败现象在国有实体(SoEs)中激增,政府行政部门的腐败现象则有所减少。政治精英们利用自己的影响力渗透到国有实体中,掠夺其资源,任人唯亲,或以腐败方式获取招标。因此,政治庇护使得这些实体因党派关系而被占领,并升级为商业关系。因此,基于政治派别的干部调配导致了大多数国有实体的腐败和管理不善,如南非航空公司(SAA)。通过采用定性方法,特别是现有的文献和各种官方文件来描述政治庇护和行政管理不善对国有企业的影响,尤其是对南非航空公司的影响,本文揭示了政治庇护对国有企业的行政管理不善起到了推波助澜的作用。因此,由于政治庇护和行政失当,最高审计机关未能有效履行其立法职责。
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引用次数: 0
Integration Process in Central Asia: The Interaction of Nationalism and Regionalism 中亚一体化进程:民族主义与地区主义的相互作用
Pub Date : 2024-06-15 DOI: 10.5539/jpl.v17n3p38
Huan Cao
After the end of the cold war, Central Asia reappeared in the international community's view and became an important region in geopolitics. The independent Central Asian States have begun to seek regional cooperation in order to maintain regional security and stability and develop their national economies. But so far, the process of integration in Central Asia has been tortuous and slow. The Central Asian region has even been described by some scholars as the region with the lowest degree of regionalization in the world. By sorting out the history of the development of ethnicity and nationalism in Central Asia, this paper analyzes the reasons hindering the development of regional integration in Central Asia from the perspective of the interaction between nationalism and regionalism. The methodological basis of the paper is a synthesis of methodological regionalism and methodological nationalism. The paper argues that ethnic problems and nationalism in Central Asia constrain the formation of the concept of regional identity. At the same time, regionalism in Central Asia has triggered concerns of Central Asian nation-states about the loss of sovereignty of some states and state nationalism. The interaction of the two factors ultimately negatively affected the development of integration in Central Asia.
冷战结束后,中亚重新出现在国际社会的视野中,成为地缘政治中的一个重要地区。独立的中亚国家开始寻求区域合作,以维护地区安全与稳定,发展本国经济。但迄今为止,中亚一体化进程曲折而缓慢。中亚地区甚至被一些学者称为世界上地区化程度最低的地区。本文通过梳理中亚地区民族与民族主义的发展历史,从民族主义与地区主义互动的角度分析了阻碍中亚地区一体化发展的原因。本文的方法论基础是方法论区域主义和方法论民族主义的综合。本文认为,中亚的民族问题和民族主义制约了地区认同概念的形成。同时,中亚地区主义引发了中亚民族国家对一些国家主权丧失和国家民族主义的担忧。这两个因素的相互作用最终对中亚一体化的发展产生了负面影响。
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引用次数: 0
Majority Voting – A Critique Preferential Decision-Making – An Alternative 多数表决--批判 优先决策--替代方案
Pub Date : 2024-02-16 DOI: 10.5539/jpl.v17n1p47
Peter Emerson
The basis of western democracy is the almost universal belief that controversies shall be resolved by the will of a majority. And quite right too. Unfortunately, this leads many to take decisions by a majority vote, with proposed amendments and then the motion itself all approved or rejected in simple yes-or-no ballots. Other more accurate voting systems have long since been devised, and yet binary voting prevails, not only in democracies, but also in theocracies and autocracies; it is ubiquitous, in politics, business and law. Accordingly, this article analyses its weaknesses, discusses its origins, relates a little history, and refers to some of its worst consequences. It then goes on to describe a non-majoritarian methodology, to compare majority voting to other decision-making voting procedures, and finally to talk of a world where the words ‘majority’, ‘minority’ and ‘veto’ may fade from the political lexicon.
西方民主制度的基础是,人们几乎普遍认为争议应由多数人的意愿来解决。这也是非常正确的。不幸的是,这导致许多人以多数票来做出决定,提出的修正案和议案本身都以简单的 "是 "或 "否 "来通过或否决。人们早就设计出了其他更精确的投票系统,但二元制投票不仅在民主政体中盛行,在神权政体和专制政体中也同样盛行;在政治、商业和法律领域,二元制投票无处不在。因此,本文分析了二元投票制的弱点,讨论了它的起源,讲述了一些历史,并提到了它的一些最坏后果。然后,文章描述了一种非多数表决方法,将多数表决与其他决策表决程序进行了比较,最后谈到了一个 "多数"、"少数 "和 "否决 "这些词可能会从政治词汇中消失的世界。
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引用次数: 0
Contrariness of Laws in Contractual Obligations and the Role of the Will in Determining the Applicable Law in the Jordanian Civil Law 约旦民法中合同义务中的法律冲突以及意愿在确定适用法律中的作用
Pub Date : 2023-12-11 DOI: 10.5539/jpl.v17n1p14
Mohammad Ashraf Khalid Ali Al-Qheiwi, Ahmed Al-Nuemat, Mustafa Mousa Al Atiyat
In this research, the researcher dealt with the issue of contrariness of laws in contractual obligations and the role of the will in determining the applicable law in the Jordanian civil law. In addition, contrariness of laws requires several conditions to exist, including the legal relationship of a foreign element, the acceptance of countries to apply foreign law before their courts, and the difference in legislation between countries. The Jordanian private international law, like most of the world’s legislation, has subjected the rules of attribution related to contractual obligations to the law chosen by the contracting parties, which is known as the law of will or the principle of the power of will, and the Jordanian legislator has subjected contractual obligations to the law of the country in which the joint home of the contracting parties is located if they are united. But in case they differ, the obligations are subject to the law of the country in which the contract was made. This means that the contracting parties are free to choose the law applicable to the contractual relations as soon as the offer is linked to the acceptance in the agreement concluded between the contracting parties when the terms and conditions of the contract are fulfilled.
在本研究中,研究者探讨了合同义务中的法律对抗问题,以及约旦民法中遗嘱在确定适用法律中的作用。此外,法律的可对抗性需要几个条件的存在,包括外国要素的法律关系、各国接受在其法院适用外国法律以及各国立法之间的差异。约旦的国际私法与世界上大多数国家的立法一样,将与合同义务有关的归属规则置于合同当事人所选择的法律之下,即所谓的意志法或意志力原则,如果合同当事人是联合的,约旦立法者将合同义务置于合同当事人共同住所所在国的法律之下。但是,如果双方不一致,则合同义务受合同签订地所在国法律的约束。这意味着,在合同条款和条件得到满足时,只要要约与合同双方签订的协议中的接受相联系,合同双方就可以自由选择适用于合同关系的法律。
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引用次数: 0
Ghana's Legal Framework for the Constitutional and Statutory Application of Arbitration 加纳关于仲裁的宪法和法定适用的法律框架
Pub Date : 2023-12-07 DOI: 10.5539/jpl.v17n1p1
Hassan Francis Whitfield
The legal framework in Ghana comprises a range of legislations that establish the fundamental principle of addressing specific concerns through arbitration. The compulsory nature of this arbitration system significantly diverges from the consent-based arbitration framework. This Article provides an analysis of the legislative framework that governs statutory arbitration in Ghana and argues that it is crucial to thoroughly comprehend statutory arbitration as a mechanism within administrative law. Unlike contractual arbitration, which relies on the parties' consent, statutory arbitration receives its authority from legislation. The present study examines the historical origins of statutory arbitration, create an extensive inventory of legislation with provisions for statutory arbitration, and assess the underlying rationales for the adoption of statutory arbitration. The study further examines the issue of consent in statutory arbitration, investigates the procedural aspects of statutory arbitration, and assesses the legitimacy of this specific form of arbitration. The article argues that the notion of statutory arbitration and the provisions found within specific legislations that establish statutory arbitration do not infringe upon constitutional norms. The study concludes that considering the solid legal foundation upon which statutory arbitration is based, the Ghanaian government should contemplate expanding the areas where statutory arbitration can be utilized as a feasible alternative to litigation.
加纳的法律框架包括一系列立法,这些立法确立了通过仲裁解决具体问题的基本原则。这一仲裁制度的强制性与基于同意的仲裁框架有很大的不同。本文分析了加纳管理法定仲裁的立法框架,并认为将法定仲裁作为行政法中的一种机制来彻底理解是至关重要的。与合同仲裁依赖于当事人的同意不同,法定仲裁的权力来自立法。本研究考察了法定仲裁的历史渊源,创建了一份包含法定仲裁条款的广泛立法清单,并评估了采用法定仲裁的基本理由。本研究进一步探讨了法定仲裁中的同意问题,调查了法定仲裁的程序方面,并评估了这种特定形式的仲裁的合法性。本文认为,法定仲裁的概念以及确立法定仲裁的具体立法中的规定并不违反宪法规范。该研究的结论是,考虑到法定仲裁所依据的坚实法律基础,加纳政府应考虑扩大法定仲裁可以作为诉讼的可行替代方案的领域。
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引用次数: 0
Multi-Ethnic Society and Lack of Political Culture in Afghanistan 阿富汗的多民族社会与政治文化缺失
Pub Date : 2023-11-15 DOI: 10.5539/jpl.v16n4p43
Osman Mohammed Afzal
Ethnic diversity and ethnic politics in Afghanistan overcome the common political culture that the nationalities have never been coherent regarding political decisions in the country. The only issue that led the nationalities to cohesiveness is religion as the common value and culture. Except for religion, the other commonalities do not highly influence the cohesiveness of the nationalities in Afghanistan. Thus, religion often brought together nationalities against foreign factors and withstanding interventions; however, concerning inner challenges and conflict, religion has never been a factor in diminishing and resolving inner conflict. The legitimacy of regimes and fair schemes for the welfare and the status quo change is not the fundamental issue for ethnicities in Afghanistan. Still, the extent of ethnic political participation in the government has often been considerable. The central government and centralised regime led to a big rift in the society and led to rivalry at any cost among the ethnicities to hold further political authority. The autocracy under the definition of Democracy, at least within the last 20 years in Afghanistan, one way or another, even changed the social norm among ethnicities that everyone, instead of feeling responsibility toward the government and national interest, focused on ethnic interests.
阿富汗的民族多样性和民族政治克服了共同的政治文化,各民族在国家的政治决策方面从来没有协调一致过。唯一导致各民族凝聚力的问题是作为共同价值观和文化的宗教。除了宗教,其他共同点对阿富汗各民族的凝聚力影响不大。因此,宗教常常使各民族团结起来,共同抵御外来因素,抵御干预;但是,在内部挑战和冲突方面,宗教从来都不是减少和解决内部冲突的因素。对于阿富汗各民族来说,政权的合法性以及福利和现状改变的公平计划并不是根本问题。不过,少数民族在政府中的政治参与程度往往相当高。中央政府和中央集权制度导致了社会的巨大裂痕,也导致了各民族之间不惜一切代价的竞争,以进一步掌握政治权力。至少在阿富汗过去的 20 年中,民主定义下的专制以这样或那样的方式甚至改变了民族间的社会规范,即每个人都不对政府和国家利益负责,而是专注于民族利益。
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引用次数: 0
Reviewer Acknowledgements for Journal of Politics and Law, Vol. 16, No. 4 政治与法律杂志》第 16 卷第 4 期审稿人致谢
Pub Date : 2023-11-15 DOI: 10.5539/jpl.v16n4p51
William Tai
Reviewer acknowledgements for Journal of Politics and Law, Vol. 16, No. 4, 2023
政治与法律杂志》第 16 卷第 4 期审稿人致谢,2023 年
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引用次数: 0
On the Illegality and Regulation of Algorithmic Price Discrimination in China's Digital Economy 论中国数字经济中算法价格歧视的违法性及其规制
Pub Date : 2023-11-06 DOI: 10.5539/jpl.v16n4p36
Rongxin Zeng, Xiaoshan Li
The legal issue of algorithmic price discrimination sparked by the in-depth use of big data and algorithm techniques has emerged as a significant concern in the development of China's digital economy. Although Chinese law has implemented many regulations on the collection and protection of personal information, data security and governance, as well as on price discrimination, instances of algorithmic price discrimination have arisen in judicial practice. The legal issue surrounding algorithmic price discrimination has not yet been fully resolved. Legal studies in China on this issue mainly uses "big data killing" or "algorithmic price discrimination" to define it. Regarding the legal classification and regulation of algorithmic price discrimination: the Anti-Monopoly Law's regulatory measures are limited from a competition law standpoint. Instead, Anti-Unfair Competition Law provides a more appropriate framework. As for civil law, the question of whether the algorithmic price discrimination qualifies as a civil tort still requires discussion; nevertheless, it satisfies all the constitutive elements of fraud in Chinese civil law.
大数据和算法技术的深入应用引发的算法价格歧视的法律问题,已经成为中国数字经济发展中的一个重要问题。尽管中国法律在个人信息的收集和保护、数据安全和治理以及价格歧视方面实施了许多规定,但在司法实践中出现了算法价格歧视的情况。围绕算法价格歧视的法律问题尚未完全解决。国内对这一问题的法律研究主要采用“大数据杀法”。或者“算法价格歧视”;来定义它。关于算法价格歧视的法律分类与规制:从竞争法的角度看,《反垄断法》的规制措施是有限的。相反,《反不正当竞争法》提供了一个更合适的框架。在民法方面,算法价格歧视是否构成民事侵权的问题仍有待商榷;然而,它满足了我国民法中欺诈的所有构成要件。
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引用次数: 0
Revisiting British Malaya's Era: An Intriguing Historical Legal Analysis of Land Administration and Colonial Forestry 重访英属马来亚时代:对土地管理和殖民地林业的有趣历史法律分析
Pub Date : 2023-10-03 DOI: 10.5539/jpl.v16n4p27
Md Damiri M. D., Pakhriazad H. Z., Paiman B., Mohd Hasmadi I.
The land and forest administration system in Malaysia faces a complexity bias due to the misinterpretation of rules and legislation, leading to increased disputes. The reliance on British law for matters like land ownership amplifies this issue, and the intricacies of static and dynamic arrangements further compound the complexity. Previously, Malay rural land rights were based on usufructuary principles, but the colonial land alienation policy redefined unalienated land, land reserved for public purposes, and reserved forests as State Land. This study seeks to comprehensively review and analyse legal rules, cases, statutes, and regulations to understand ancient land law practices and the influence of British colonial land law on land administration. Conducted in Peninsular Malaysia, the study focuses on primary documents, cases, and critical analyses from three states: Perak, Penang, and Kelantan. The findings of the study highlight the contentious nature of land rights and autonomy in utilizing natural resources in Malaysia. The country inherits both formal and informal land tenure systems rooted in customary law, making dispute resolution challenging. The principal characteristic of ancient land law is based on a hypothetical model of the ancient customary land tenure system, encompassing different eras, missions, and principles. Significantly, the study reveals a direct and strong connection between colonial land law and current land law practices in the respective states. Additionally, Malaysia's land law has been influenced by Islamic law (Syariah) to some extent and blended with other ancient customary laws before the introduction of Torren in 1897.
由于对规则和立法的误解,马来西亚的土地和森林管理系统面临复杂性偏见,导致纠纷增加。在土地所有权等问题上对英国法律的依赖放大了这一问题,而静态和动态安排的错综复杂进一步加剧了这一复杂性。以前,马来农村土地权利是基于用益原则,但殖民地土地转让政策重新定义了未转让的土地,为公共目的保留的土地,以及保留的森林作为国家土地。本研究旨在全面回顾和分析法律规则、案例、法规和条例,以了解古代土地法的做法和英国殖民地土地法对土地管理的影响。该研究在马来西亚半岛进行,主要研究来自霹雳州、槟城州和吉兰丹州的主要文件、案例和关键分析。这项研究的结果突出了马来西亚在利用自然资源方面的土地权和自治权的争议性。该国继承了植根于习惯法的正式和非正式土地权属制度,这使得解决争端具有挑战性。古代土地法的主要特征是基于古代习惯土地权属制度的假设模型,包括不同的时代、不同的使命和不同的原则。值得注意的是,该研究揭示了殖民地土地法与各州现行土地法实践之间的直接和密切联系。此外,马来西亚的土地法在一定程度上受到伊斯兰教法(伊斯兰教法)的影响,并在1897年引入Torren之前与其他古代习惯法混合。
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引用次数: 0
Route Optimization of Public Participation in Environmental Law Driven by Big Data 大数据驱动下的环境法公众参与路径优化
Pub Date : 2023-10-02 DOI: 10.5539/jpl.v16n4p14
Ranran Shen
The innovation of data technology has shaped a more open and symmetrical, convenient and interactive interaction platform, allowing the public to access more diverse information. In the context of the rapid development of the digital age, policymakers need to think about how to use big data to further enhance the effectiveness, inclusiveness and enthusiasm of public participation in environmental rule of law. However, the reasons of poor data quality, the lack of environmental information protection and the weak self-efficacy of the public lead to the problems of the high waste rate of environmental data, the leakage of public environmental information and the weak enthusiasm of the public to participate in the problem. The key to get out of the dilemma is to improve relevant legislation on public participation in environmental rule of law, update the multiple relief channels of public participation, and further consolidate the foundation of public participation. Only in this way can we promote public participation in environmental rule of law to a higher level, and then provide directional guidance for our country's current practice of digital environmental rule of law.
数据技术的创新,塑造了一个更加开放对称、便捷互动的互动平台,让公众获得更加多样化的信息。在数字时代快速发展的背景下,决策者需要思考如何利用大数据进一步提升公众参与环境法治的有效性、包容性和积极性。然而,由于数据质量差、环境信息保护不力、公众自我效能不强等原因,导致环境数据浪费率高、公众环境信息外泄、公众参与积极性不强等问题。走出困境的关键在于完善环境法治中公众参与的相关立法,更新公众参与的多种救济渠道,进一步夯实公众参与的基础。只有这样,才能将公众参与环境法治提升到更高的层次,进而为我国当前的数字环境法治实践提供方向性指导。
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引用次数: 0
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Journal of politics and law
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