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]

An Examination of Political Patronage and Maladministration on State-Owned
Entities with Specific Reference to South African Airways: A Literature
Study
- Abstract: 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.
  PubDate: Fri, 19 Jul 2024 06:21:55 +000
Study of the Relationship between the Audit Committee and the Supervisory
Board in the New Companies Act
- Abstract: Proposed Amendments to the Company Law was considered and passed on December 29, 2023, marking an important update to the foundational law of China's modern enterprise system. The revision has made in-depth adjustments to issues that are not compatible and harmonized with the development, and seeks to provide a solid legal guarantee for the sustainable development of the market economy through the innovation of the corporate governance system. One of the highlights of this revision is the internal supervision and check and balance mechanism of the company, which introduces a brand-new internal supervision organization in Privately Owned Limited Liability Companies and Publicly Listed Joint-Stock Corporations, Including Wholly State-Owned Enterprises and the Audit Committee under corporate board is responsible for the internal supervision of the company. This major revision, the legislator breaks the traditional supervision two-tier system model, the introduction of a single-tier system supervision model, not only is the legislator of the traditional supervisory board and supervisors exercise of the company's internal supervision rights can not be fully and effectively perform their duties of the disappointment, but also released by the shareholders of the centralism to the director-centered signal.
  PubDate: Mon, 08 Jul 2024 07:40:22 +000
Impact of the New Company Law's Limited Contribution System on
Limited Liability Companies
- Abstract: Summarizing the ten years of experience and lessons learned from the operation of the contributed capital system, after three years of deliberation and five years of overhaul, a new change in the Company Law was ushered in. The Company Law of the People's Republic of China (2023 Revision) was voted and passed on December 29, 2023, and came into effect on July 1, 2024. The new Company Law continues to implement the Contributed Capital System, replacing the Fully Contributed System with a Limited Contribution System. It consolidates the positive results of the operation of the Contributed Capital System and amends the deficiencies in the actual operation, better implements the autonomy-based Contributed Capital System, and provides a new path for the development of the Contributed Capital System in the future. In this paper, we will start from the impact of the limited liability company (LLC) under the limited contribution system, and discuss the reasonable interpretation path of the shareholders' interest in the limited contribution system, the company's capital formation system, and the shareholders' responsibility in the light of the revision of the new Company Law.
  PubDate: Mon, 08 Jul 2024 06:13:24 +000
The Dilemma and Solution of Juvenile Delinquency – Reflection on the
Murder of a 13-year-old Boy in China
- Abstract: On March 10, 2024, a 13-year-old junior high school student in Handan City, Hebei Province, China was killed and buried by three classmates under the age of 14. The method of committing the crime was cruel and had a negative social impact, once again bringing topics such as "juvenile delinquency" and "lowering the age of criminal responsibility" to the hot search. Since entering the new era, with the rapid development of the social economy, minors have shown an overall trend of "precocious puberty". The problem of juvenile delinquency and violence has also become increasingly severe, causing adverse social impacts. According to data released by the Supreme People's Procuratorate of China, juvenile delinquency in China is characterized by a sharp increase in the number of crimes, a clear trend towards younger age groups, and cruel criminal methods. The Eleventh Amendment to the Criminal Law, which came into effect in March 2021, lowered the age of criminal responsibility and individually lowered the statutory minimum age of criminal responsibility to 12 years old. Therefore, this case may become the first case to hold young minors accountable for crimes after the age of criminal responsibility has been lowered, which is of great significance to the construction of the rule of law and judicial practice. In practice, we should clarify the situation of "heinous circumstances" stipulated in the Amendment to the Criminal Law (XI), and establish an independent juvenile justice system to comprehensively and effectively correct and prevent the misconduct and illegal behavior of minors, rather than simply lowering the age of criminal responsibility. At the same time, reduce excessive interference of online public opinion in judicial trials.
  PubDate: Mon, 24 Jun 2024 06:17:25 +000
Integration Process in Central Asia: The Interaction of Nationalism and
Regionalism
- Abstract: 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.
  PubDate: Sat, 15 Jun 2024 10:36:17 +000
Is Vladimir Putin a Realist with Special Attention to the Concept of a
Force Monopoly and Hans Kelsen’s Principle of Effectiveness of Laws and
Joe Biden’s (President of the United States of America) Speech at the
United Nations General Assembly Meeting of 20th September, 2023 That There
Will Be Reprisal against Russia for Starting the War with Ukraine Coincide
with the Concept of Force Monopoly
- Abstract: In this article I will take a critical analysis of realism especially political realism and linking it to Vladimir Putin (president of Russia) and then how the concept of force monopoly and Joe Biden’s (President of the United States of America) speech at the United Nations General Assembly meeting of 20th September, 2023 that there will be reprisal against Russia for starting the war with Ukraine coincide with the concept of force monopoly. Central to this discourse is the concept of force monopoly and the principle of effectiveness of law, these will be explored alongside entrenched norms of international law. Therefore, this article will examine the historical precedent set by the International Law; which unequivocally condemned acts of aggression and underscored the accountability of individuals for violating international law. Throughout World War II, it was widely believed that there is no justification for the hostilities initiated by Germany through Hitler therefore, Germany’s actions against states during the second world war constituted unlawful aggression (Sorensen 1968; Wright, 1947). This historical context serves as a backdrop for ensuring compliance with international legal norms and it emphasizes the imperative of holding states accountable to deter unlawful actions. Key topics addressed include the nuanced interpretation of force within international law, the parameters of self-defence, the principles of self-help and self-preservation, and the concept of necessity in justifying state actions. Through this multidimensional analysis, the study underscores the critical importance of upholding international legal frameworks to mitigate conflicts and foster a more stable and just global order.
  PubDate: Thu, 06 Jun 2024 10:03:31 +000
Absolutism and Misguided Policies: Muhammadiyah and NU's Criticism
against Government's Handling of COVID-19A
- Abstract: This study examines the role of Islamic Civil Society Organizations (ICSOs), specifically Muhammadiyah and Nahdlatul Ulama (NU), in addressing COVID-19 in Indonesia. In contrast to previous works, it focuses on their constructive criticism against the Indonesian government, which has undergone political absolutism leading to misguided policies in addressing COVID-19 Pandemics. Drawing on theoretical frameworks from Civil Society Organizations, this study shows that the two ICSOs constructively criticized the state for its inadequate, inconsistent, and contradictory policies on handling Covid 19 pandemics caused by political absolutism in the parliament. The results enriched the debate on Islamic Civil Society theories, shedding light on their voluntary and inclusive nature and their intricate relationship with government.
  PubDate: Sat, 11 May 2024 10:42:13 +000

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