International Journal of Public Law and Policy

Al-Ajmi, Thaqal S.

2021 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2021.115927

The purpose of this paper is to determine the rules of international law that are applicable to the expulsion of foreigners by proving that states' power in this regard is not unlimited. However, there exist several rules of international law - whether related to substantive protection of the persons concerned or procedural safeguards that must be adhered to when conducting expulsion - which may result in the prevention of expulsion and make it unlawful under these rules. This study focuses on the state of Kuwait, as a case study, and investigates the types of regulations that Kuwait implements with respect to the expulsion of foreigners and evaluates them for the purpose of assessing them under the relevant rules of international law.

Ali, Naheeda; Khan, Kanwal Iqbal

2021 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2021.115930

Intellectual property laws remain a debatable topic for the scholars as well as for the practitioners since the last two decades. Recently, it attracted the attention of many individuals due to its conflicting role in the field of law and economics. The economist considers intellectual property rights as a necessary evil that leads towards intellectual monopoly, whereas law takes it as a protection shield for individual rights. This study is an attempt to discuss the controversial role of intellectual property rights and suggests the necessary solution to overcome the normative obstacles from the way of intellectual property laws. It elucidate the positive side of intellectual property laws that they protect inventors, its knowledge and spirit to work for the welfare of the society by feeling that their properties are intellectually and financially secure. On the other hand, it opens the new avenues for the competitive free market that encourages the new entrants for start-ups. Finally, this article highlighted the benefits of intellectual property that it does not deprive the people of developing or least developed countries from the right of quality life through compulsory licenses under the legal framework of intellectual property laws, TPIPS.

Simões, Chiara Da Silva; Lima, Adriana De Almeida; Filho, Erivaldo Cavalcanti e Silva; Nascimento-e-Silva, Daniel

2021 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2021.115937

This study analyses four Brazilian laws against domestic violence. It used the conceptual bibliographic method. It had as units of analysis, the laws Maria da Penha, Feminicide, the Statute of the Elderly, and Child and Adolescent Statute. We collected and organised the data around the presentation of the causes of violence. It includes the law intends to curb, forms of prevention, and treatments given to those who commit the transgression, interpreted with semantic analysis and the results presented in a synthesiser table. The results showed that the Maria da Penha Law presents the types, forms of prevention, and treatment of the violence suffered; the Femicide Law only provided treatment; the Statutes of the Elderly and Children and Adolescents did not present the causes on rights to indicate prevention and treatment. The conclusion shows that the structure of Brazilian laws does not allow full comprehension by ordinary citizens.

Boru, Zeleke Temesgen

2021 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2021.115940

This paper examines the obligations of State Parties to the International Covenant on Economic, Social and Cultural Rights to ensure access to affordable health technologies (medicines, etc.) and the extent to which 'the right to enjoy the benefits of scientific progress and its applications' might contribute to the realisation of this right. Under General Comment Number 25, the United Nations Committee on Economic, Social and Cultural Rights stated that the right to enjoy the benefits of scientific progress and its applications has 'clear and diverse' links with the rights to health. However, the direct link between the two can be stymied by Intellectual Property Rights (IPRs). Against this backdrop, the paper seeks to give an answer to the question: how does the right to science enhance access to health technologies? To respond to the question, desktop-based research is employed. The paper has concluded that the right to science has an instrumental value to vitalise access to affordable health technologies.

Paplekaj, Etleva

2021 International Journal of Public Law and Policy

doi: 10.1504/IJPLAP.2021.115926

The 21st century, globalisation and modernisation have necessitated changing and amending of contemporary constitutions. This paper examines the relationship between recent constitutional changes and globalisation. More specifically, the paper explores trends and tendencies of constitutional changes in the context of globalisation with an eye on how ubiquitous information technologies have shaped constitutional revisions sometimes to the point of acknowledging and limiting their sovereignty, via the terms of treaties and transnational trade agreements. In this paper, we will see that constitutionalism, influenced by globalisation and its complexity, has developed beyond its traditional, nation-state borders. Globalisation has shaped even the national legal system of countries, has brought limitation of sovereignty in countries like China or Netherlands, this in the name of economic, social development and integration. Information technology trends also have played a role in the constitution-making process and in the process of changing or amending the constitution in different states. In this regard Germany, Italy, Albania and Kosovo are our case studies to explore the role of globalisation in the revision of recent constitutional changes.