This article explores Arab-Islamic sulh (reconciliation) which is known to be rooted in religious (sectarian) and cultural dynamics, as well as tribal practices of the Arab societies. For this purpose, this article highlights the limitations of the conflict resolution approaches now in use as contextually unsuitable. It further draws attention to the continuing vitality of Arab-Islamic rituals of reconciliation sulh and identifies ways that mediators (US, UK UAE, and others) might benefit from an appraisal of such rituals. To counteract tribal experiences of disempowerment and temper the power-political undertones of the conflicts, mediators would consciously integrate principles and symbolic practices inherent in indigenous Middle Eastern reconciliation methodologies of sulh, alongside musalaha (settlement). Sulh exemplifies key Arab-Islamic cultural values that should be looked at figuratively and literally for insight into how to approach conflict resolution in the Saudi/Yemen armed conflicts. Therefore, as an alternative to the use of force, the sulh would be provisioned to leverage its capability to accommodate political interests that underpin the conflicts as well, with a view to effective resolution.
{"title":"An Alternative to the Use of Force in International Law and Arab-Islamic Sulh for the Yemen Armed Conflict","authors":"A. A. Dosari, Mary George","doi":"10.5539/jpl.v16n2p23","DOIUrl":"https://doi.org/10.5539/jpl.v16n2p23","url":null,"abstract":"This article explores Arab-Islamic sulh (reconciliation) which is known to be rooted in religious (sectarian) and cultural dynamics, as well as tribal practices of the Arab societies. For this purpose, this article highlights the limitations of the conflict resolution approaches now in use as contextually unsuitable. It further draws attention to the continuing vitality of Arab-Islamic rituals of reconciliation sulh and identifies ways that mediators (US, UK UAE, and others) might benefit from an appraisal of such rituals. To counteract tribal experiences of disempowerment and temper the power-political undertones of the conflicts, mediators would consciously integrate principles and symbolic practices inherent in indigenous Middle Eastern reconciliation methodologies of sulh, alongside musalaha (settlement). Sulh exemplifies key Arab-Islamic cultural values that should be looked at figuratively and literally for insight into how to approach conflict resolution in the Saudi/Yemen armed conflicts. Therefore, as an alternative to the use of force, the sulh would be provisioned to leverage its capability to accommodate political interests that underpin the conflicts as well, with a view to effective resolution.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47256554","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 study examined intellectual politics, which seek to reveal the significance of the political acts of an intellectual. These actions are often surprising, but in the end, they provide references for the general public. The significant political actions here meant to provide a point of reference, when people are trapped in controversies and instrumentalist reasoning. There are hard to understand politics, but the results are clear: the general public gets references to judge and determine judgment. Politics takes place at the level of meaning, more than just a struggle of interests. It is a manifest in the articulation of ideas or values, not in the expertise in organizing, structuring authority, or struggling for positions. The results of this study found that the way out of rational-instrumental reasoning that dominates (mainstream) is communicative-rationality reasoning through communicative acts in public spaces. This intellectual study is expected to have an important contribution in developing a sub-study: articulatory politics.
{"title":"Political Articulation: The Intellectuality of Ahmad Mustofa Bisri in Struggling for the Contest of Truth","authors":"Khoiron Khoiron, Purwo Santoso, Budi Irawanto","doi":"10.5539/jpl.v16n2p11","DOIUrl":"https://doi.org/10.5539/jpl.v16n2p11","url":null,"abstract":"This study examined intellectual politics, which seek to reveal the significance of the political acts of an intellectual. These actions are often surprising, but in the end, they provide references for the general public. The significant political actions here meant to provide a point of reference, when people are trapped in controversies and instrumentalist reasoning. There are hard to understand politics, but the results are clear: the general public gets references to judge and determine judgment. Politics takes place at the level of meaning, more than just a struggle of interests. It is a manifest in the articulation of ideas or values, not in the expertise in organizing, structuring authority, or struggling for positions. The results of this study found that the way out of rational-instrumental reasoning that dominates (mainstream) is communicative-rationality reasoning through communicative acts in public spaces. This intellectual study is expected to have an important contribution in developing a sub-study: articulatory politics.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48222617","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}
FIFA's (The Fédération Internationale de Football Association) regulation and Saudi professional player's regulation allow footballers and their agents to start negotiating new deals with third parties in the last six months of the contracts. Some players and agents may use this period to initiate bidding wars between rival clubs by entering pre-contracts with an alleged possibility of terminating them at no cost. There is growing evidence of such practices in Saudi Arabia after revoking the salary cap rule in professional football contracts. This article analyses this issue through the lens of the existing legal treatment of pre-contracts by FIFA, CAS (Court of Arbitration for Sport), and applicable national laws (Swiss and English). Based on the findings, a series of propositions are made to introduce into the future regulations governing Saudi football leagues. The goal of such propositions is to avoid misapplication of pre-contracts, maintain contractual stability, encourage negotiations in good faith, and promote competitiveness without reducing contractual flexibility for players in the wake of salary cap cancellation.
{"title":"Analyzing Pre-Contracts Agreement in Professional Footballer Contracts in Saudi Arabia: Can Players Change Their Minds?","authors":"Ammar Alrefaei","doi":"10.5539/jpl.v16n2p1","DOIUrl":"https://doi.org/10.5539/jpl.v16n2p1","url":null,"abstract":"FIFA's (The Fédération Internationale de Football Association) regulation and Saudi professional player's regulation allow footballers and their agents to start negotiating new deals with third parties in the last six months of the contracts. Some players and agents may use this period to initiate bidding wars between rival clubs by entering pre-contracts with an alleged possibility of terminating them at no cost. There is growing evidence of such practices in Saudi Arabia after revoking the salary cap rule in professional football contracts. This article analyses this issue through the lens of the existing legal treatment of pre-contracts by FIFA, CAS (Court of Arbitration for Sport), and applicable national laws (Swiss and English). Based on the findings, a series of propositions are made to introduce into the future regulations governing Saudi football leagues. The goal of such propositions is to avoid misapplication of pre-contracts, maintain contractual stability, encourage negotiations in good faith, and promote competitiveness without reducing contractual flexibility for players in the wake of salary cap cancellation.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44965931","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}
Reviewer acknowledgements for Journal of Politics and Law, Vol. 16, No. 1, 2023
《政治与法律杂志》2023年第16卷第1期的审稿人致谢
{"title":"Reviewer Acknowledgements for Journal of Politics and Law, Vol. 16, No. 1","authors":"William Tai","doi":"10.5539/jpl.v16n1p72","DOIUrl":"https://doi.org/10.5539/jpl.v16n1p72","url":null,"abstract":"Reviewer acknowledgements for Journal of Politics and Law, Vol. 16, No. 1, 2023","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43039246","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}
It has been nearly 50 years since the promulgation of the Federal Rules of Evidence in 1975. What changes have taken place in the Federal Rules of Evidence for a long time? For the evidence legislation in China, it is a very noteworthy issue. Through historical analysis and comparative research, we can find that the development of the Federal Rules of Evidence can be roughly divided into two stages: the first is the exploratory stage, during which the Federal Rules of Evidence were neglected and Congress continued to be actively involved. The second is the rapid development stage, during which the Advisory Committee on the Rules of Evidence were established and the number and quality of revisions steadily increased. The following major trends can be seen in the development of the Federal Rules of Evidence: Congress was replaced as the primary body responsible for updating the Federal Rules of Evidence by a special Advisory Committee on the rules of Evidence; the Rules of Evidence's form changed from fragmented common law to systematic codification; the exclusionary rule's scope of exceptions and judges' discretion gradually expanded; the level of procedural safeguards increased; and the Rules of Evidence were influenced by the development of electronic evidence and the Internet. For the development of China's evidence law, what can be inspired is that we need to systematize and codify the evidence rules, establish a special evidence law committee, strengthen the procedural guarantee, and pay attention to the evidence rules in the digital age.
{"title":"The Evolution and Development Trend of the American Federal Rules of Evidence – Inspiration for China's Evidence Legislation","authors":"Bo Peng","doi":"10.5539/jpl.v16n1p64","DOIUrl":"https://doi.org/10.5539/jpl.v16n1p64","url":null,"abstract":"It has been nearly 50 years since the promulgation of the Federal Rules of Evidence in 1975. What changes have taken place in the Federal Rules of Evidence for a long time? For the evidence legislation in China, it is a very noteworthy issue. Through historical analysis and comparative research, we can find that the development of the Federal Rules of Evidence can be roughly divided into two stages: the first is the exploratory stage, during which the Federal Rules of Evidence were neglected and Congress continued to be actively involved. The second is the rapid development stage, during which the Advisory Committee on the Rules of Evidence were established and the number and quality of revisions steadily increased. The following major trends can be seen in the development of the Federal Rules of Evidence: Congress was replaced as the primary body responsible for updating the Federal Rules of Evidence by a special Advisory Committee on the rules of Evidence; the Rules of Evidence's form changed from fragmented common law to systematic codification; the exclusionary rule's scope of exceptions and judges' discretion gradually expanded; the level of procedural safeguards increased; and the Rules of Evidence were influenced by the development of electronic evidence and the Internet. For the development of China's evidence law, what can be inspired is that we need to systematize and codify the evidence rules, establish a special evidence law committee, strengthen the procedural guarantee, and pay attention to the evidence rules in the digital age.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45651712","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}
How to present good reasons in judgment documents has been a common problem. This study takes family judgment documents as the pointcuts and is going to discuss how to achieve effective reform through the reasoning traceability analysis. In current stage, China has not promulgated separate legal regulations on family related litigation, the corresponding reasoning part is based on the relevant provisions of civil proceedings, such as the guidance related to the writing of civil judgment document issued by the Supreme People's Court in 2016. Although this document makes some provisions on reasoning in civil judgment document, taking the consideration of certain specialties of family cases, the identities of the parties also have special certain natures, reasoning in family judgment documents usually focus more on the integration of "emotion". Therefore, to standardize family judgment documents at this stage only by relevant provisions of conventional civil litigation is not sufficient, and not able to meet the demands of family cases, and it also shows problems in judicial practice. In 2016, China comprehensively carried out the pilot reform of family justice, which plays an imperative role in following research and development of family judgment document. And the level of reasoning in family judgment document improved in the process of form innovation and practice experience accumulation. However, the pilot work does not set up standardized and complete specifications on making family judgment document. Through the combination on the theoretical analysis and judicial practice cases, and the summary of main problems encountered at present, this research will propose suggested countermeasures, and is targeted to facilitate the development of reasoning in family judgment document.
{"title":"Study on the Reasoning Traceability and Reform of Family Related Judgment Documents","authors":"Wu Yi","doi":"10.5539/jpl.v16n1p55","DOIUrl":"https://doi.org/10.5539/jpl.v16n1p55","url":null,"abstract":"How to present good reasons in judgment documents has been a common problem. This study takes family judgment documents as the pointcuts and is going to discuss how to achieve effective reform through the reasoning traceability analysis. In current stage, China has not promulgated separate legal regulations on family related litigation, the corresponding reasoning part is based on the relevant provisions of civil proceedings, such as the guidance related to the writing of civil judgment document issued by the Supreme People's Court in 2016. Although this document makes some provisions on reasoning in civil judgment document, taking the consideration of certain specialties of family cases, the identities of the parties also have special certain natures, reasoning in family judgment documents usually focus more on the integration of \"emotion\". Therefore, to standardize family judgment documents at this stage only by relevant provisions of conventional civil litigation is not sufficient, and not able to meet the demands of family cases, and it also shows problems in judicial practice. In 2016, China comprehensively carried out the pilot reform of family justice, which plays an imperative role in following research and development of family judgment document. And the level of reasoning in family judgment document improved in the process of form innovation and practice experience accumulation. However, the pilot work does not set up standardized and complete specifications on making family judgment document. Through the combination on the theoretical analysis and judicial practice cases, and the summary of main problems encountered at present, this research will propose suggested countermeasures, and is targeted to facilitate the development of reasoning in family judgment document.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46575449","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}
In the context of urban policies, the circular economy can represent a virtuous model of sustainable and efficient management of resources and services for citizens, generating value for the community. Local policymakers play a central role in accelerating the circular economy transition, given that they organize and manage services that can significantly contribute to urban resilience. For policies to be properly designed, tools aimed at supporting territorial planning are needed to direct local policy towards choices that favor the circular economy and the resilience of cities. Among these urban planning tools, it is particularly important to have dashboards of comparative data on the degree of implementation of the circular economy. This paper provides a circularity mapping framework to map the degree of circularity and identify cities' strengths and weaknesses to design policies accordingly using a data-driven approach. Using a circular economy model based on 5 circular economy pillars, we identified 28 variables and assigned them to each of the pillars according to the variable's scope: sustainable inputs, social sharing, Product as a service, environmental policies, and resource efficiency. Both partial scores based on the five circular economy pillars, and a circularity index are provided for benchmarking and positioning analysis. Since urban life's environmental, economic, and social aspects are intertwined, only an integrated strategy can result in successful urban sustainable development. The paper supports policymakers in creating the conditions for efficient production and consumption markets and resource management systems while designing incentives and communications to citizens to support bottom-up initiatives and encourage virtuous behavior.
{"title":"A Circularity Mapping Framework for Urban Policymaking","authors":"Masimo Beccarello, G. D. Foggia","doi":"10.5539/jpl.v16n1p11","DOIUrl":"https://doi.org/10.5539/jpl.v16n1p11","url":null,"abstract":"In the context of urban policies, the circular economy can represent a virtuous model of sustainable and efficient management of resources and services for citizens, generating value for the community. Local policymakers play a central role in accelerating the circular economy transition, given that they organize and manage services that can significantly contribute to urban resilience. For policies to be properly designed, tools aimed at supporting territorial planning are needed to direct local policy towards choices that favor the circular economy and the resilience of cities. Among these urban planning tools, it is particularly important to have dashboards of comparative data on the degree of implementation of the circular economy. This paper provides a circularity mapping framework to map the degree of circularity and identify cities' strengths and weaknesses to design policies accordingly using a data-driven approach. Using a circular economy model based on 5 circular economy pillars, we identified 28 variables and assigned them to each of the pillars according to the variable's scope: sustainable inputs, social sharing, Product as a service, environmental policies, and resource efficiency. Both partial scores based on the five circular economy pillars, and a circularity index are provided for benchmarking and positioning analysis. Since urban life's environmental, economic, and social aspects are intertwined, only an integrated strategy can result in successful urban sustainable development. The paper supports policymakers in creating the conditions for efficient production and consumption markets and resource management systems while designing incentives and communications to citizens to support bottom-up initiatives and encourage virtuous behavior.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43704829","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}
{"title":"Modernising UK Nationality and Immigration Law","authors":"G. McBain","doi":"10.5539/jpl.v16n1p24","DOIUrl":"https://doi.org/10.5539/jpl.v16n1p24","url":null,"abstract":"Modernising UK Nationality and Immigration Law.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48838861","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}
Reviewer acknowledgements for Journal of Politics and Law, Vol. 15, No. 4, 2022
《政法学刊》第15卷第4期，2022年
{"title":"Reviewer Acknowledgements for Journal of Politics and Law, Vol. 15, No. 4","authors":"William Tai","doi":"10.5539/jpl.v15n4p302","DOIUrl":"https://doi.org/10.5539/jpl.v15n4p302","url":null,"abstract":"Reviewer acknowledgements for Journal of Politics and Law, Vol. 15, No. 4, 2022","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46564117","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 study focuses on analyzing the reform of commercial registration system in Shanghai Pilot Free Trade Zone (FTZ) and Hainan Free Trade Port (FTP) of China, by adopting the evaluation indicator of Starting a business of the World Bank's Doing Business. By implementing the new policies of Negative List and relative supporting policies like the separation of two licenses and e-registration, the reforms as to the mode and guiding philosophy of regulations on commercial registration in the FTZ/FTP achieved a positive spillover effect. However, there remain several problems, such as the fragmentation of the normative documents related, the overlarge scope of substantive examination of commercial registration, the Chinese government needs to further perfect the commercial registration system by means of delimiting the scope of application of market access upon commitment, further optimizing the Doing Business, enhancing the regulations of financial information of enterprises, harmonizing the legal system of regulatory authorities and strengthening the legislation on applicant's accountability and disciplinary mechanisms.
{"title":"The Future of China Commercial Registration System: From the Perspective of the Legal Reform in Free Trade Zone and Free Trade Port","authors":"Xiaoshan Li, Rongxin Zeng","doi":"10.5539/jpl.v15n4p284","DOIUrl":"https://doi.org/10.5539/jpl.v15n4p284","url":null,"abstract":"This study focuses on analyzing the reform of commercial registration system in Shanghai Pilot Free Trade Zone (FTZ) and Hainan Free Trade Port (FTP) of China, by adopting the evaluation indicator of Starting a business of the World Bank's Doing Business. By implementing the new policies of Negative List and relative supporting policies like the separation of two licenses and e-registration, the reforms as to the mode and guiding philosophy of regulations on commercial registration in the FTZ/FTP achieved a positive spillover effect. However, there remain several problems, such as the fragmentation of the normative documents related, the overlarge scope of substantive examination of commercial registration, the Chinese government needs to further perfect the commercial registration system by means of delimiting the scope of application of market access upon commitment, further optimizing the Doing Business, enhancing the regulations of financial information of enterprises, harmonizing the legal system of regulatory authorities and strengthening the legislation on applicant's accountability and disciplinary mechanisms.","PeriodicalId":90619,"journal":{"name":"Journal of politics and law","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43319578","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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