International Journal of Law and Legal Studies

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 9 (2), pp. 001-005, February, 2021. © International Scholars Journals

Review

Developing legal regulatory frameworks for modern biotechnology: The possibilities and limits in the case of GMOs

Andanda, A. Pamela

School of Law, University of the Witwatersrand, Private Bag 3, WITS 2050, Johannesburg, South Africa. Tel: +27 11 7178449. Fax: +27 11 3394733. E-mail: [email protected].

Accepted 20 January, 2021

Abstract

This paper looks at attempts that have been made to develop legal regulatory frameworks for modern biotechnology. The discussion is limited to the regulation of Genetically Modified Organisms (GMO) technology by the two leading producers and exporters of GMOs in Africa: South Africa and Kenya. The international and regional regulatory regimes are analysed for comparative purposes since the two countries have partially based their regulatory frameworks on these regimes. The methodology used is analytical; the challenges that are posed by GMO technology are analysed from public policy and legal perspectives. The main argument that is advanced is that the challenges that are frequently viewed merely as problems ought to be considered as indicators of possibilities and limits in regulating this fluctuant field. Ideas on the factors to be considered in developing appropriate regulatory frameworks for biotechnology are put forth to serve as a wake up call to policy makers and legislators that have to deal with such issues. It is concluded that a holistic approach should be used in addressing the pressing issues that are raised by biotechnology generally and GMOs in particular.

Key words: Biotechnology, GMOs, Kenya, Law, Regulations, South Africa.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 9 (1), pp. 001-007, January, 2021. © International Scholars Journals

Full Length Research Paper

Legality Principle of Crimes and Punishments in Iranian Legal System

Mohammad Ja'far Habibzadeh

Associate Professor of Criminal Law and Criminology, Iran-Tehran. P.O.Box 14115-139, E.mail:[email protected],[email protected].

Accepted 25 December, 2020

Abstract

The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual liberties against the arbitrary and unwarranted intrusion of the state. Thus, the criminal judge cannot call the individuals’ acts crime and assign punishments for them or exert punishments that are not prescribed by the Legislator without any letter of law. If an act is morally rebutted or is socially against the public order, it is not regarded as crime and the Legislator is the only authority who can recognize some acts as crime and punish the actor. In Iranian legal system, before the Islamic Revolution and also after it, the Constitution and ordinary laws have explicitly emphasized the observance of the mentioned principle. When there is no text or in the case of the silence or lack of law, the criminal judge is bound to issue the verdict of innocence. In recent years, as a result of the great misunderstanding of the Art.167 of the Constitution, ordinary rules including s. 214 of the Criminal Procedure of Public and Revolutionary Courts Act 1999, and s. 8 of the Revolutionary and Public Courts Act 1994, allowed the criminal judge to refer to the Jurisprudence and religious decrees in order to assign the criminal titles and the related punishments, when there is no text or in the case of the silence or lack of law. This paper attempts to verify this legal base. It refers to the history of the discussion and the articles of the Constitution and the jural sources to indicate that it’s necessary to pay more attention to the aforementioned law and the legality principle, which in turn makes it possible to abolish or amend the contradictory laws.

Keywords: The legality principle, The Constitution, Individual liberties.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (3), pp. 001-005, March, 2020. © International Scholars Journals

Full Length Research Paper

A critical appraisal of the doctrine of obligation in international law

Law Egbomuche-Okeke

Department of Political Science, Madona University, Okija, Nigeria. E-mail: [email protected], [email protected].

Accepted 09 January, 2020

Abstract

In terms of politics, obligations are requirements which must be fulfilled and these are generally in the form of legal obligations, which incur a penalty for lack of fulfillment, although certain people are obliged to carry out certain actions for other reasons which may be based on traditional or social idiosyncrasies. This paper is an attempt at x-raying the major schools of thought as well as the basis of obligation in international law.

Key words: Obligations, voluntarism, resolutions, regulations, rules of procedure.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (3), pp. 001-007, March, 2020. © International Scholars Journals

Full Length Research Paper

Crisis perception in decision making: An innovative conceptual framework and its application in disaster relief

Allen Lai Yu Hung

Lee Kuan Yew School of Public Policy, National University of Singapore, 469C Bukit Timah Road Singapore 259772. E-mail: [email protected]. Tel: (65) 6516 6134. Fax: (65) 6778 1020. Website: www.lkyspp.nus.edu.sg.

Accepted 14 October, 2019

Abstract

Decision making is the most vital stage in the public policymaking, especially when decision makers face crises. There is a rich theoretical literature and dense theory buildings on decision making in politics as usual, but little is empirically understood how perception of crisis decision-making is shaped. This paper focuses on the stage of decision making in face of crisis. The author develop an innovative conceptual framework to analyze what decision makers perceive of their circumstances, and the reasons behind the adoption and pursuit of major changes in public policy. In this paper, the process and content of perception in decision making have been studied, and contested. The author, further tap into an empirical case study about the practical implications of these insights and more specifically about issues of perception formulation. A case study of Singapore Red Cross in Asian Tsunami relief is presented as an example of perception formulation in crisis decision-making.

Keywords: Perception, Singapore, disaster relief, Tsunami, crisis, decision making.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (3), pp. 001-011, March, 2020. © International Scholars Journals

Full Length Research Paper

More conciliation and less punishment: Demanding a public choice

John Blad

Erasmus School of Law, P. O. Box 1738, 3000 DR Rotterdam, Room L 6 - 10. E-mail: [email protected].

Accepted 11 May, 2019

Abstract

The author argues that if societies wish to promote reconciliation and restoration in criminal matters, for which there are excellent reasons, the criminal codes need to be changed so as to allow for the procedures aimed at such reconciliation and restoration. Restorative justice and punitive justice fundamentally exclude each other both in the theoretical and political conception of aims and in procedural terms. The predominant aim of punishment in traditional criminal justice is discussed and demonstrated to be an impediment to reaching trustworthy results in terms of restorative justice. Therefore the substantive criminal code will have to identify the types of offences for which restorative procedures and aims are prioritized and also such types of offences for which the traditional response of punishment remains priority or even the exclusive response.

Key words: Restorative justice, reconciliation, punishment, restorable offences, criminal codes.

International Journal of Law and Legal Studies ISSN 2463-5634 Vol. 8 (3), pp. 001-006, March, 2020. © International Scholars Journals

Review

Understanding the relationships between local court system and restorative justice in contrast to the International Criminal Court (ICC)

Oricho Otieno Dennis

Jesuit Hakimani Centre, Nairobi, Kenya. E-mail: [email protected]. Tel: +254 718 716 109.

Accepted 11 December, 2019

Abstract

The article aims to compare the role that the International Criminal Court, as opposed to local courts is able to play in providing restorative justice in post-conflict societies. The author examines in detail the experience of the Rwandese ‘Gacaca’ courts, in order to demonstrate that local courts achieve better results than international or Western-biased criminal courts. The article further raises many useful insights that can throw some light on some of the current problems in Africa. While this traditional mechanism of the local court system demonstrates the wisdom that has sustained the local court systems, the modern African leaders appear to rebel against their roots through dictatorial rule that sentences the greater percentage of the population to a miserable life in pursuance of justice. It is within this perspective that the author noted that local tribunals of suspects can easily speed the trials which would cost the government dearly if international criminal courts were used. However, reconciliation and forgiveness remain pertinent challenges of local courts system because of the tensions that are eminent between victims, offenders and the community due to poor mechanism for reintegration for those found guilty.

Key words: Grand coalition, rigging, Gacaca, toxic leaders, impunity, genocide, restorative justice, local tribunal, International Criminal Court, perpetrators.