The status of victim protection in India: comparative analysis with international regimeNair, Vipin Vijay
2023 International Journal of Public Law and Policy
doi: 10.1504/ijplap.2023.130007
Victims are the prime witnesses in a criminal trial. Witness safety and security are paramount to maintaining an unbiased judicial process in the criminal justice system. In the last two decades, India has observed many witnesses being hostile or killed in several high-profile criminal cases like Asharam Bapu, Jessica Lal and Vyapam Scam. Many international countries have adopted various witness protection legislature to protect the basic tenet of law. India instituted Witness Protection Scheme, in 2018 to strengthen the Rule of Law in the criminal justice system in haste. In its infancy stage, the scheme lacks experience and needs a thorough discussion and revision to reduce the victimisation of witnesses within criminal justice. The article critically analyses the Witness Protection Scheme, 2018, notified by the Government of India to introduce witness protection in India. The article discusses various aspects and limitations of the witness protection scheme in India in comparative parlance with the international regime.
The nexus between foreign direct investment and environmental protection in Ethiopia: appraisal of bilateral investment treatiesAdugna, Alemu Balcha
2023 International Journal of Public Law and Policy
doi: 10.1504/ijplap.2023.130004
With the primary purpose of assessing whether the bilateral investment treaties signed by Ethiopia have paid proper attention to the environment or not, doctrinal legal research methodology is employed. Accordingly, the paper's finding shows that most of Ethiopia's bilateral investment treaties are devoid of environmental protection and sustainable development issues. Yet, 2006 can be marked as a turning point in the history of BITs of Ethiopia. The Ethio-Belgium Luxemburg Economic Union BIT of 2006 has a separate provision on the right to regulate and protect the environment. However, saving for the latest four BITs, namely Ethio-Morocco (2016), Ethio-United Arab Emirates (2016), Ethio-Qatar (2017) and Brazil-Ethio (2018) BITs, other BITs signed by Ethiopia have no separate provision on environmental protection and regulatory space for the protection of the environment. Hence, it is recommendable for Ethiopia to revisit all of its BITs and integrate environmental protection and sustainable development clauses through renegotiation or termination.
Welfare payments, food stamps and crime: evidence from US county-level dataOdabaşı, Suzan; Duffy, Patricia A.
2023 International Journal of Public Law and Policy
doi: 10.1504/ijplap.2023.130008
This study examines whether the Supplemental Nutrition Assistance Program (SNAP) implementations had an effect on criminal activities. To address this problem, the present study utilises two main variations: 1) changes in waiver of the time limit for areas within the states; 2) increases in SNAP benefits. A county level panel data from 2009 to 2015 for 3,134 counties is employed to investigate the relationship between SNAP benefits and crime. The findings show that SNAP benefits contribute to a significant reduction in the criminal activities in both rural and urban counties. The estimation results indicate that changes in waivers to work-related time limits is one of the significant factors which have an impact on criminal activities. Additionally, income-motivated crimes such as property, robbery, and burglary are more likely to be affected by the changes in individuals' welfare and income level changes.
Sexual violence against women during non-international armed conflictsFowmina, C.; Rabbiraj, C.
2023 International Journal of Public Law and Policy
doi: 10.1504/ijplap.2023.130005
Sexual violence against women has long been recognised as a crime in armed situations, but human rights discourse and international humanitarian law (IHL) have ignored this (Kutlu, 2014). Women have been referred to as 'spoils of war'. Although women's violence is not new, the nature and scale of sexual violence against women have increased in recent years. Women are used as military weapons, and rape is considered a dreadful by-product (Buchowska, 2016). Women have always been considered sex slaves, with their bodies serving as 'comfort zones' (de Sousa Santos et al., 2010). In today's scenario, where the conflicts are between states or within state armed groups (Paulus and Vashakmadze, 2009). Until World War II, disputes were global (between two countries), but now we have conflicts within territory or governments and internal rebels. This study has been broken into three sections. and violence against them. The first section of this study examines whether international humanitarian law sufficiently defines sexual violence (IHL). This section examines how armed conflicts are classed and defined. The third segment examines violence against women in armed conflicts, particularly non-international wars, in light of IHL and women's legal obligations.
Independent regulatory bodies in the Jordanian legal system: an evaluative reviewShawabkeh, Ibrahim Kamel Al; Alqudah, Mouaid
2023 International Journal of Public Law and Policy
doi: 10.1504/ijplap.2023.130014
The administrative organisation in Jordan witnessed a remarkable demand for the establishment of independent regulatory bodies, and this new institutional form aroused the ire of both legal and public administration scholars and politics. Supporters of such bodies, perceive them as satisfactory answer to the crisis experienced by the state and its inability to respond to the privacy of economic sectors. Opponents, on the other hand, contend that these bodies disintegrate the state and turn it into companies. Perhaps, this interaction raises some important questions about the feasibility of expanding the establishment of these bodies in Jordan as the competent ministries remain within the scope of their work, which certainly led to jurisdiction overlapping between them and the concerned ministries. Thus, one might ask were justifications available in Jordan for the establishment of these bodies in the first place. Has the Jordanian legislator succeeded in providing it with the elements necessary to attain its goals in achieving administrative governance? This paper attempt to address these questions by evaluating the importance of the establishment of these independent bodies within the Jordanian administrative organisation. It also considers whether those bodies really possess the requirement necessary to achieving the goals which underpin its whole existence.
The spread of hoax through digital platforms in the perspective of Indonesian cyberlawSafiranita, Tasya; Permata, Rika Ratna; Palito, Jeremias; Raila, Tiara Almira
2023 International Journal of Public Law and Policy
doi: 10.1504/ijplap.2023.130048
Indonesian people in this digital era are very technologically literate. Digital platforms, especially social media, are favoured by citizens, both young and old, to communicate and access various kinds of information, especially during the COVID-19 era where a lot of activities have changed from face-to-face to long-distance. This is, of course, very good and creates many benefits, however, there are also some disadvantages that can occur, namely the spread of hoax news through digital platforms. The research was conducted in a normative juridical manner, by examining various legal arrangements in Indonesia. As the result, it was concluded that there are still lots of hoax news spread in Indonesia, including hoax news about the COVID-19 virus spread. The government, especially the Ministry of Communication and Information Technology of the Republic of Indonesia, in collaboration with various parties, has taken several measures to eradicate hoax news and disinformation.