JournalTOCs

Journal of Politics and Law
Number of Followers: 9

This is an Open Access Journal

Open Access journal
ISSN (Print) 1913-9047 - ISSN (Online) 1913-9055
Published by CCSE

[43 journals]

Reviewer Acknowledgements for Journal of Politics and Law, Vol. 15, No. 1
- Abstract: Reviewer acknowledgements for Journal of Politics and Law, Vol. 15, No. 1, 2022.
  PubDate: Sun, 27 Feb 2022 08:32:31 +000
China's Evolution from Socialist Legality: The Expansion in the Role
of Judges and the Redress of Grievances
- Abstract: The Chinese state implemented a conscious transfer to a market economy after 1977 when the Four Modernisations were inaugurated and the new Constitution promulgated in 1982 raised the possibility for the separation of powers. The new framework introduced judicial review into the structure of the legal system that was to provide redress of grievances from mal administration. The transition to a new leadership in 2011 allowed the National Peoples Congress to enact administrative reforms, and further amendments to the Chinese Constitution in 2018 have promulgated the Judges Law. The judicial reforms promote the values of an independent judiciary and there is an effective machinery of justice which promotes judicial review. This paper argues that the centralisation of power by the Communist Party does not preclude the functioning of judicial administration that conforms to rule of law and an emerging trend of public interest litigation and participatory justice.
  PubDate: Fri, 24 Dec 2021 05:36:02 +000
Implications of the Digital Economy on Merger Control in Pakistan and
China: Policy Implications for Pakistan
- Abstract: The rise of the digital economy has challenged the foundation of competition law frameworks the world over. Today, the antitrust doctrine finds itself confronting a new economy; an econo-my wherein data acts as a currency, markets are without prices, market collisions are based on algorithms, and the market is ‘infinite’. Several jurisdictions such as Germany, Austria, and China have developed new regulations or amended existing legislations to confront the chal-lenges presented by the digital economy. A dearth of theoretical and empirical literature has evaluated whether digital markets are so fundamentally different as to require a different set of rules. Of specific interest to this paper is whether current competition rules are sufficient to deal with mergers and acquisitions (M&As) in digital markets. This paper assesses M&A regulations in China and Pakistan in light of the new digital economy. Expert interviews were conducted using semi-structured interviews to investigate the comparisons between Pakistan’s and China’s merger control regimes. The findings indicate that China’s merger control regulations are better adopted for the digital economy than Pakistani’s. It also sets out the policy implications for competition policy makers in Pakistan.
  PubDate: Sun, 12 Dec 2021 08:29:04 +000
A Comparative Study of China's Competition Law and Cameroon's
Competition Law; With Specific Regards to Challenges in the Implementation
of Competition Law in China and Cameroon
- Abstract: This study aims to investigate and compare the competition laws of Cameroon and China, with a focus on the limitations and constraints of competition law implementation in Cameroon and China. By comparing the Competition Laws of China and Cameroon, the research intends to determine whether there are any limits in the implementation of Competition Law in Cameroon and China. To examine and get results for the research’s many goals and objectives, this study uses qualitative data analysis. Competition legislation has had a considerable impact on China's economy in recent years, and it will eventually have an impact on trade policies that are directly tied to the international market. During our research, we discovered that competition law regulations have an impact on national and international trade in each country. And we realized that Cameroon's competitiveness policies are in some ways behind the times in the twenty-first century.As a result, there is a growing need to look into the divergence between China's competition law and Cameroon's competition law in order to assist Cameroonian competition law authorities in updating and making structural changes to Cameroon's competition legislation. These revisions will improve Cameroon's national and international trade policies, but they will have a substantial influence on the country's current economy. There may be some takeaways for China's competitive law policymakers as well. There is no academic work of this kind after a vast range of research, and this will be a wonderful opportunity to introduce creative work to this academic sector. The Anti-Monopoly Law of China has greatly evolved in the past years and there has been amendments and structural adjustments in the past years, which is very great, because Competition Law plays a great role in the economic progress of each country. As a result, the purpose of this study is to identify any obstacles to the implementation of Cameroon's Competition Law (Law No.98/013 of 14 July 1998) and China's Anti-Monopoly Law (2008).
  PubDate: Fri, 26 Nov 2021 07:31:20 +000
Company Controller's Role as One Way to Rescue Companies under
Jordanian's Insolvency Act 2018 "Comparative Study"
- Abstract: The main objective of this article is to shed light on the new emergence on the Jordanian insolvency Act no. 21 of 2018, after it became independent from the commercial law, specifically the role of the companies general controller through the application of the provisions of this law to rescue company as much as possible from stopping running its business activates and then its insolvency. In this article, the Jordanian law was compared with English law in order to compel Jordanian legislator to benefit from other legislation, given that the Jordanian law is still recent.This article dealt with the issue of corporate rescue and the role of the company controller in starting company insolvency procedures, in accordance with the provisions of the Jordanian Insolvency Act 2018; with refer to the provisions of the UNCITRAL Insolvency Legislative Guide 2004. This article concluded that Jordanian legislator must develop a rescue culture by putting in place protection for insolvent companies, such as a moratorium and expanding the means of rescue, rather than limiting the rescue culture to the reorganization plan that is adopted by the UNCITRAL Legislative Guide of Insolvency 2004. In addition, Jordanian legislators must make some legal amendments that are in line with recommendations made by legal authorities within the framework of the company controller role in the Jordanian Insolvency Act 2018.
  PubDate: Mon, 22 Nov 2021 06:42:00 +000
Of Parochial Partisanship and Education: Towards Civic Duty or
Polarization'
- Abstract: This article explored parochial partisanship among university students amid growing concerns about political polarization in Ghana. The paper used mixed research methods to gather data with the aid of an interview guide and a questionnaire. It argued that university education inculcates in and endows young people with a sense of civic-minded duty to prioritize the collective good of society and subordinate parochial partisan preferences in an analysis of political policies. The novel finding is that university education in Ghana has enlightened many young people to decipher between the facts and the propagandistic view held by political activists because of parochial partisan interest. However, university education was found to be a necessary but not sufficient condition to wipe out parochial partisanship which is the bane behind the growing political polarization in Ghana. The paper recommends continuous seminars on the dangers associated with negative partisanship in all tertiary educational institutions. Further, the winner-takes-all politics should be reviewed.
  PubDate: Fri, 29 Oct 2021 05:55:28 +000
Impact of Covid_19 on E-commerce (From a Legal Point of View)
- Abstract: The spread of the Corona virus and the closure of borders and the ban on travel and commercial bodies in companies, which resorted to many commercial activities, relying on a large scale, e-commerce, tourism in that, commercial relations, as a result of the inability to fulfill their contractual obligations, which led jurists to rely on the theory of emergency conditions to explain the impossibility or difficulty of fulfilling the obligations of the contractors on the terms of contracts, and as a result of the occurrence of many contractual problems, the affect of a virus on the capacity of contractors to fulfill their obligations.This article aims to analyze the impact of the spread of the virus on contractual obligations by relying on the force majeure theory, and the position of jurists on using this theory in explaining the impact of the spread of this epidemic on the ability of the contracting parties to fulfill their obligations.The researcher has come out with a set of results, the most important of which is that the new Corona virus can be considered an obstacle or a force majeure, based on what was stated in the contents of the provisions of the relevant bodies, and this will have legal and economic implications for the contractual obligations of the various international commercial contracts.
  PubDate: Fri, 29 Oct 2021 05:43:57 +000