International Journal of Public Law and Policy

Surjuse, Sayalee S.

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.122117

From grappling with the concerns of equality between the binary genders to achieving equality for the transgenders1, India has trodden this path and how! She marches ahead by heralding a new era for recognition of rights of the LGBTQ+ community in the judgment of Navtej Singh Johar.2 However, this credit goes to the undemocratic-branch of Judiciary and not to the branch which is the real democratic reflection of the aspirations of people. Yet, lately, we have witnessed different hues of bigotry in society. The issue of discrimination is not limited to sexual minorities, but is all-pervading on the food choices of an individual, beliefs, pregnancy, and disability, etc. The plight of an individual can be fathomed by the fact that the Judiciary also had to battle the competing notions of public morality and constitutional morality in cases of Navtej Singh Johar3 and Naz Foundation.4 Unarguably, there are progressive anti-discriminatory laws like the Rights of Persons with Disabilities Act, 2016, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 amongst others. However, discrimination based on sexual identity, sexual orientation, marital status, food preferences, etc. escapes the clutches of these laws. The drafts of Anti-discrimination and Equality Bill, 2016 and 2019 are a step in the right direction, however, ways to reconcile the competing rights of the individual remains a point of concern.

Vu, Tuan Van; Cao, Oanh Thi

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.122102

The seemingly unsolvable corruption problem pervades all nations. It is a concern for governments and corporations, and of course international agencies. Many counties have created laws and enforcement agencies to cope with corruption and to cooperate with international agencies. Obviously, corruption has far-reaching, negative consequences; it decays the stability and security of societies, undermines our institutions, devalues democracy, deteriorates important values and justice, jeopardises sustainable development, and weakens the rule of law. Realising the seriousness of problems and dangers, the United Nations commemorates International Anti-corruption Day1 on December 9th to highlight the presence and impact of the United Nations Convention against Corruption. This convention acknowledges that corruption is not solely a local matter but is transnational and influences all societies and economies.

Chukwu, Obinna Johnkennedy

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.122120

This paper examines citizens' remonstrance's constitutionality in Nigeria, as well as, the relevance of social media to the advancement of protest, amongst others. The study, extensively, perused and analysed constitutional and statutory legal regimes pertaining to right to protest; and its adherence; and forayed into the position of social media in the advancement of protest and right to protest, utilising the #EndSar protest's account as metaphor for the assessment. The study concludes, amongst others, that citizens' right to remonstrance or protest exist in Nigeria's laws, but that the greatest challenge to the right is governments and the security agencies' disobedience to, and breach of the law; as well as, the introduction of political consideration in the application of the law. In view of the above, the paper recommends, among other things, that the National Assembly (Legislature) should repeal the Nigerian Public Order Act, and in its stead, enact a law that prohibits inhibition of protest; and that clearly expressed the right to protest and how protests should be organised.

Derevianko, Maryna; Terekh, Olena; Lazarenko, Mykola; Bolotina, Anna; Zelenskyi, Vitalii

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.122137

This study assesses the existing initiatives of the Ukrainian Government in the field of regulation of standardisation and certification related to the implementation of the EU-Ukraine Association Agreement, and the adaptation of Ukrainian legislation to European standards. The study intends to identify the challenges that may create barriers for Ukrainian businesses in this area and determine the scope of the politically motivated regulation that intends to overcome them. By analysing the evolution of regulation in the relevant sphere in Ukraine, the study gives grounds to assert that in recent years the government has made significant efforts in adapting national standards of technical regulation to EU legislation, which are related to simplification of standardisation and certification procedures and access to both EU and Ukrainian markets. This study is of practical interest not only to lawyers, but also all businesses targeting both European and Ukrainian markets.

Oji, Chinonyerem Emmanuel; Afolabi, Joshua Adeyemi

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.122127

Terrorism remains a severe threat to the global economy as well as global peace and security, given its destructive nature. Therefore, this study examined the economic and peace effects of terrorism in the 21st century. This study showed that the four deadliest terrorist groups are Taliban in Afghanistan, Al-Shabaab in Somalia, Boko-Haram in Nigeria and Islamic State of Iraq and the Levant (ISIL) in Syria and Iraq and their activities have had huge economic costs for the global economy. Specifically, this study showed that terrorism has led to several deaths and injuries as well as huge economic losses in trillions of dollars across the world. Accordingly, various efforts have been put in place by national and international bodies, government and non-governmental organisations to nip terrorism in the bud but terrorism still persists. Hence, this study recommended that efforts should be intensified to counter terrorism and make the world more peaceful.

Alexander, Atul; Upadhyaya, Simran

2022 International Journal of Public Law and Policy

doi: 10.1504/ijplap.2022.122132

The fall of Kabul triggered by the Taliban and the withdrawal of foreign forces from Afghanistan has created havoc in the international community. The legitimacy of control given to the Taliban is under the peace agreement signed by the Taliban and the USA. This has raised a pertinent question as to whether the USA (state actor) should be held responsible for the wrongful acts of the Taliban (a non-state actor) in Afghanistan for actively permitting their arrival in the country. Usually, state attributability is understood via the Articles on State Responsibility. However, due to certain limitations in its application, the authors rely on Common Article 1 of the Geneva Convention to argue the accountability of the USA for acts of non-state actors in a situation of an armed conflict, even when it has extraterritorial jurisdiction over Afghanistan.