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Internal Factors behind the Decline of the Marinid Kingdom 马里尼王国衰落的内在因素
Pub Date : 2020-10-13 DOI: 10.5539/jpl.v13n4p51
Mohamad Zulfazdlee Abul Hassan Ashari, Ezad Azraai Jamsari, Napisah Karimah Ismail, N. Lubis, Safian, Zamri Ab Rahman
The Marinid Kingdom (1215-1465) was an Islamic government which emerged in the Maghreb during medieval time. Inheriting the rule from the Almohads, the Marinids were regarded as a strong and formidable Islamic government which once ruled the entire Maghreb and parts of al-Andalus at the height of its glory. Not unlike previous Muslim governments, the Marinid Kingdom also faced various problems and went through several conflicts which affected its stability and integrity. In fact the conflicts even caused the demise of the Marinid Kingdom in the year 1465 which saw the emergence of the Wattasids. This article is aimed at determining the internal factors which contributed to the decline of the Marinids which led to its eventual demise. This study employed a method of qualitative approach via historical study and content analysis, in particular using primary and secondary sources which focused on events which led to the demise of the kingdom. Results of this study identified several internal factors which contributed to the weakness and the eventual collapse of the Marinid Kingdom. In the present-day context, it is not impossible that the same factors can cause any Muslim countries, as a sovereign state and nation, to become weak and disintegrate should the government and the people fail to cooperate in matters regarding the stability of the country.
马里尼德王国(1215-1465)是中世纪马格里布出现的一个伊斯兰政府。继承了阿尔莫哈德家族的统治,马里尼王朝被视为一个强大而强大的伊斯兰政府,曾在其辉煌时期统治整个马格里布和安达卢斯部分地区。与前几届穆斯林政府不同,马里尼德王国也面临着各种问题,经历了几次冲突,影响了其稳定和完整。事实上,这些冲突甚至导致了马里尼德王国在1465年的灭亡,当时瓦塔西人出现了。本文旨在确定导致水手队衰落并最终消亡的内部因素。本研究采用了定性方法,通过历史研究和内容分析,特别是使用主要和次要来源,重点关注导致王国灭亡的事件。这项研究的结果确定了导致马里尼德王国衰弱和最终崩溃的几个内部因素。在当今背景下,如果政府和人民在国家稳定问题上不合作,同样的因素也可能导致任何穆斯林国家作为一个主权国家和民族变得软弱和解体。
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引用次数: 0
From Manshiya to Alexandria: Re-Examining the Process of Constitutionalizing and Normalizing the Emergency Status in Egypt 从曼希亚到亚历山大:重新审视埃及紧急状态的宪法化和正常化进程
Pub Date : 2020-08-30 DOI: 10.5539/jpl.v13n3p212
Nora Taha, A. Khalil
Recent political and legal developments within the Arab region have resurrected previously dormant historical debates and endowed them with a new life and vitality. The theory of exceptionality has been prominent within these debates, being repeatedly reasserted in different constitutional drafts, and even celebrated, as a means through which political authority maintain and secure ‘the public order’. Egypt long lasting rule relying on an emergency context has provided a worthy manifestation of how emergency rule have been installed in political and legal settings; and become presented as an only way to govern; in which it had been incorporated in different constitutions and manifested into a political exercise. We dedicate this article to witness these overlapping challenges to analyze why post-revolutionary regimes have failed to deliver a meaningful transformative constitutionalism that is based upon the principle of the rule of Law, and continued instead to rely on the emergency status as module of governance.
阿拉伯地区最近的政治和法律事态发展使以前沉寂的历史辩论死灰复燃,并赋予它们新的生命和活力。例外性理论在这些辩论中一直很突出,在不同的宪法草案中被反复重申,甚至被誉为政治权威维护和保障“公共秩序”的一种手段。埃及依靠紧急情况制定的长期规则有力地表明了紧急情况规则是如何在政治和法律环境中实施的;并成为治理的唯一途径;它被纳入不同的宪法,并表现为一种政治活动。我们专门用这篇文章来见证这些重叠的挑战,以分析为什么后革命政权未能实现基于法治原则的有意义的变革性宪政,而是继续依赖紧急状态作为治理模式。
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引用次数: 0
Protection of Intellectual Property Rights in Ukraine in the Light of European Integration Processes 从欧洲一体化进程看乌克兰的知识产权保护
Pub Date : 2020-08-30 DOI: 10.5539/jpl.v13n3p203
Andrii Neugodnikov, T. Barsukova, R. Kharytonov
The article provides an assessment of the state of legislation of Ukraine on the protection of intellectual property at the present stage. The most important problematic aspects and prospects of improving the legal regulation of intellectual property protection on the way to European integration are described in detail. The experience of foreign countries in ensuring the protection of intellectual property is analyzed. Particular attention is paid to the features of computer program protection, which is especially relevant nowadays. Features of the use of license agreements by the owner of computer programs, namely BSD License, Apache License, GNU General Public License, GNU Lesser General Public License, were analyzed. The conclusion is drawn that a system of continuous analysis of decisions made by European countries in the field of intellectual property law, as well as on issues related to general state policy on the administration of intellectual property, in order to implement developed approaches to legislation and law enforcement practice, could improve the protection of intellectual property rights in Ukraine.
这篇文章评估了乌克兰现阶段保护知识产权的立法状况。详细介绍了欧洲一体化进程中最重要的问题以及改进知识产权保护法律法规的前景。分析了国外在保障知识产权保护方面的经验。人们特别注意计算机程序保护的特点,这在当今尤其重要。分析了计算机程序所有者使用许可协议的特点,即BSD许可证、Apache许可证、GNU通用公共许可证和GNU较宽松通用公共许可。得出的结论是,对欧洲国家在知识产权法领域作出的决定以及与知识产权管理的一般国家政策有关的问题进行持续分析的制度,以执行已制定的立法和执法实践方法,可以改善对乌克兰知识产权的保护。
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引用次数: 0
Reviewer Acknowledgements for Journal of Politics and Law, Vol. 13, No. 3 《政治与法律杂志》第13卷第3期书评人致谢
Pub Date : 2020-08-30 DOI: 10.5539/jpl.v13n3p302
William Tai
Reviewer acknowledgements for Journal of Politics and Law, Vol. 13, No. 3, 2020.
《政治与法律杂志》2020年第13卷第3期审稿人致谢。
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引用次数: 0
Autonomous Vehicles within the Urban Space and Transport Security Challenges: Legal Aspect 自动驾驶汽车在城市空间和交通安全的挑战:法律方面
Pub Date : 2020-08-17 DOI: 10.5539/jpl.v13n3p133
D. Iroshnikov, L. Y. Larina, A. Sidorkin
Nowadays autonomous vehicles are getting widespread use in different parts of the world. In some countries, they are being tested within the urban traffic whereas other counties have been already operating them. Such vehicles possess a number of obvious advantages. We cannot but agree that these cars are the future. However, before complete implementation and mass use of autonomous transport on public roads, it is necessary to resolve a number of problems concerning their safety towards road-users. Except for ethical, economic, and other aspects, it also embraces the legal aspect. The article analyses legal problems of ensuring transport security when using autonomous vehicles. It also touches upon the issues of obligations and liability. Special attention is paid to the matters of criminal liability for offences involving an autonomous vehicle. The conducted legal research allowed concluding that it is necessary to improve legislation in the sphere of operating such vehicles. It is essential to enshrine in law autonomous vehicles (whether fully-autonomous or partially-autonomous) operation rules, oblige their owners to perform regular diagnostic assessment, and to add demands to periodic vehicle inspection. When regulating criminal liability for harm caused by a self-driving vehicle, one must proceed from the layer of its autonomy which stipulates bringing the general public to responsibility.
如今,自动驾驶汽车在世界各地得到了广泛的应用。在一些国家,无人驾驶汽车正在城市交通中进行测试,而其他国家已经开始运行无人驾驶汽车。这种交通工具有许多明显的优点。我们不得不同意,这些汽车是未来。然而,在公共道路上全面实施和大规模使用自动驾驶交通工具之前,有必要解决一些关于它们对道路使用者的安全问题。除了伦理、经济等方面,还包括法律方面。本文分析了自动驾驶汽车使用过程中保障交通安全的法律问题。它还涉及义务和责任的问题。特别关注涉及自动驾驶汽车的犯罪的刑事责任问题。所进行的法律研究得出的结论是,有必要改进在经营这类车辆方面的立法。必须将自动驾驶汽车(无论是完全自动驾驶还是部分自动驾驶)的操作规则写入法律,要求车主定期进行诊断评估,并增加定期检查车辆的要求。在规制自动驾驶汽车造成伤害的刑事责任时,必须从其自主性层面出发,即让公众承担责任。
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引用次数: 0
Reviewer Acknowledgements for Journal of Politics and Law, Vol. 13, No. 2 《政治与法律杂志》第13卷第2期审稿人致谢
Pub Date : 2020-05-30 DOI: 10.5539/jpl.v13n2p276
William Tai
Reviewer acknowledgements for Journal of Politics and Law, Vol. 13, No. 2, 2020.
《政治与法律杂志》2020年第13卷第2期书评人致谢。
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引用次数: 0
Parliamentary Immunity among Arab Constitutions 阿拉伯宪法中的议会豁免
Pub Date : 2020-05-30 DOI: 10.5539/jpl.v13n2p269
Jehan K Samarah Alzubi
Point of fact, legislature is seen to be a significant body in any country because of its key duties of passing the legislations regarding the responsibility it has. The national and legal system has given legal protections for the legislature’ members in order to help them in carrying out the responsibility they have according to the countries’ constitutions, and this kind of protection is known to be the parliament immunity. The present study aims to clarify the parliamentary immunity concept explaining its own legal nature among Arab constitutions. Additionally, this study discusses important points related to the parliament immunity such as its types, namely, objective type as well as procedural type differentiating between them. Furthermore, this study indicates to some important aspects regarding parliament immunity among Arabs highlighting points like the lifting procedures of the immunity and some legal reasons for lifting and the constitutions’ positions regarding that. The study concludes that Arab countries have a special situation due to important events such as Arab Spring and Palestinian Issue in which they confirm that the Arab countries must deal with the parliament immunity carefully in a way that makes their people satisfied, lastly, some recommendations are made for further studies in the same topic.
事实上,立法机构在任何国家都被视为一个重要的机构,因为它的主要职责是通过有关其责任的立法。国家和法律制度为立法机关成员提供法律保护,以帮助他们根据国家宪法履行职责,这种保护被称为议会豁免权。本研究旨在澄清议会豁免概念,解释其在阿拉伯宪法中的法律性质。此外,本研究还讨论了与议会豁免有关的重要问题,如其类型,即客观类型和程序类型之间的区别。此外,这项研究指出了阿拉伯人议会豁免的一些重要方面,重点是取消豁免的程序和取消豁免的一些法律理由以及宪法对此的立场。研究的结论是,阿拉伯国家由于阿拉伯之春和巴勒斯坦问题等重要事件而处于特殊情况,它们确认阿拉伯国家必须以使其人民满意的方式认真处理议会豁免,最后,对同一主题的进一步研究提出了一些建议。
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引用次数: 0
Legal Aspects of Ensuring Security When using Personal Electric Transport in Russia and Abroad 在俄罗斯和国外使用个人电动交通工具时确保安全的法律方面
Pub Date : 2020-05-27 DOI: 10.5539/jpl.v13n2p235
Iroshnikov Denis Vladimirovich, Nemova Ninel Yurievna, Shevchenko Kirill Vladimirovich, Utkin Nikolay Ivanovich
Transport plays a fundamental role in the life of society. The fast pace of life, especially in metropolises and cities, imposes new requirements towards human mobility. With the development of technologies unprecedented transport solutions have become popular. Specifically, in different countries personal electric transport (segway, self-balancing scooter, electric scooter, unicycle etc.) has assumed widespread use. The number of such vehicles is constantly growing. As known, any means of transport presents a hazard. That is why it is important to pay special attention to personal security when using this kind of transport. Based on the analysis of the current Russian and foreign legislations, case materials, scientific sources, the article investigates legal problems of ensuring personal security when using personal electric vehicles. In this respect, the authors consider the issues of ensuring safety of both a driver and a pedestrian, and third parties as well. The conducted legal research has allowed us to make a conclusion on the necessity of improving legislation in the sphere of using personal electric transport. In the authors’ opinion, one should start with statutory recognition of the very notion of “personal electric transport”, which must include characteristic features that allow to differentiate between this particular kind of transport and other vehicles. Nothing but comprehensive legal regulation based on a detailed analysis of possible risks, can prevent personal security hazards when using personal electric transport.
交通在社会生活中起着至关重要的作用。快节奏的生活,特别是在大都市和城市,对人类的流动性提出了新的要求。随着技术的发展,前所未有的交通解决方案变得流行起来。具体来说,在不同的国家,个人电动交通工具(赛格威,自平衡车,电动滑板车,独轮车等)已经被广泛使用。这类车辆的数量在不断增长。众所周知,任何交通工具都有危险。这就是为什么在使用这种运输工具时要特别注意人身安全的原因。本文在分析国内外现行立法、案例资料、科学资料的基础上,对保障个人使用电动汽车人身安全的法律问题进行了探讨。在这方面,作者考虑了确保司机和行人以及第三方安全的问题。所进行的法律研究使我们能够得出结论,即在使用个人电动交通工具领域改进立法的必要性。作者认为,应该从法律上承认“个人电动交通工具”这一概念开始,它必须包括能够区分这种特殊交通工具和其他交通工具的特征。只有在对可能存在的风险进行详细分析的基础上进行全面的法律规制,才能在使用个人电动交通工具时防范人身安全隐患。
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引用次数: 0
Piercing the Corporate Veil and Ambiguities in the Iranian Legal System: A Comparative Study with California Law 刺破伊朗法律体系中的公司面纱与歧义——与加利福尼亚州法律的比较研究
Pub Date : 2020-05-27 DOI: 10.5539/jpl.v13n2p209
Ahmad Torabi
This paper focuses on the situation of doctrine of “piercing the corporate veil” in the current Iranian legal system especially in the Iranian Commercial Code and in the Iranian Civil Code. The author discusses the ambiguities and legal challenges which arise, directly or indirectly, from implementation of these challenges. There is also a comparative study of the doctrine with the common law system. The paper aims to highlight the defects of this doctrine in the Iranian law system and provides suggestions to improve it.
本文主要探讨了“揭开公司面纱”原则在现行伊朗法律体系中的情况,特别是在伊朗商法典和伊朗民法典中。作者讨论了在执行这些挑战时直接或间接产生的歧义和法律挑战。本文还对该学说与英美法系进行了比较研究。本文旨在突出这一学说在伊朗法律体系中的缺陷,并提出完善建议。
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引用次数: 0
Inter Vivos Gift as Land Inheritance Mechanism for FELDA Land Holding 作为FELDA土地持有的土地继承机制的内部赠与
Pub Date : 2020-05-27 DOI: 10.5539/jpl.v13n2p226
Nasrul Hisyam Nor Muhamad, Mohd Khairy Kamarudin, Mohd Zamro Muda, Noor Lizza Mohamed Said, N. Rahim, M. A. Razzak
This study aims to identify the key points of the FELDA land inheritance issues and their possible solutions. Land (Group Settlement Areas) Act 1960 was analyzed as it is the main act that regulates FELDA land management. This study discovered that Section 14 limits the land holding to not more than two holders while Section 15 prohibits subdividing or partitioning over FELDA land holding. An administrator is appointed to manage the land on behalf of other heirs and this practice poses risk as the administrator may fail to execute the trust. Hence, inter vivos gift is proposed to address this problem. It was also found that status of FELDA land holding is considered as ‘Conditional Holding’ since it limits the number of registered holders and authorisation to inherit the FELDA land to the second FELDA settlers generation This study concluded that inter vivos gift is legal and this is evidenced from the Section 215, National Land Code 1965 which demonstrates that FELDA land holding can be transferred to the second generation via ‘Form 14A’ at the land offices with the consent from the State Authority and FELDA management as specified in the Land (Group Settlement Areas) Act 1960.
本研究旨在找出FELDA土地继承问题的要点及可能的解决方案。分析认为,《1960年土地(集体定居地区)法》是规制联邦开发厅土地管理的主要法律。本研究发现,第14条限制土地拥有人不得超过两名,而第15条则禁止再分割或分割联邦土地发展局的土地拥有人。指定一名遗产管理人代表其他继承人管理土地,这种做法会带来风险,因为遗产管理人可能无法执行信托。因此,提出了活体赠与来解决这一问题。我们也发现,联邦土地发展局土地持有的地位被视为“有条件持有”,因为它限制了注册持有人的数量,并将继承联邦土地发展局土地的授权限制在第二代联邦土地发展局定居者。这项研究的结论是,生前赠与是合法的,这从第215条得到了证明。《1965年国家土地法》表明,联邦土地发展局持有的土地可以通过土地办事处的“表格14A”转让给第二代人,前提是获得州当局和联邦土地发展局管理层的同意,这是《1960年土地(集团定居区)法》中规定的。
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引用次数: 1
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Journal of politics and law
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