https://www.iiste.org/Journals/index.php/JLPG/issue/feedJournal of Law, Policy and Globalization2024-03-18T10:29:31+00:00Alexander Deckeradmin@iiste.orgOpen Journal Systems<div>Submission of an article implies that the work described has not been published previously (except in the form of an abstract or as part of a published lecture or academic thesis), that it is not under consideration for publication elsewhere, that its publication is approved by all authors and tacitly or explicitly by the responsible authorities where the work was carried out, and that, if accepted, will not be published elsewhere in the same form, in English or in any other language, without the written consent of the Publisher. The Editors reserve the right to edit or otherwise alter all contributions, but authors will receive proofs for approval before publication. <br />Copyrights for articles published are retained by the authors, with first publication rights granted to the journal. The journal/publisher is not responsible for subsequent uses of the work. It is the author's responsibility to bring an infringement action if so desired by the author.</div><p>Journal of Law, Policy and Globalization is a peer-reviewed journal published by IISTE. The journal publishes original papers at the forefront of international law, corporate law, public policy and globalization issues. The journal is published in both printed and online versions. The online version is free access and download.</p><p>IISTE is a member of <a href="http://www.crossref.org/01company/17crossref_members.html">CrossRef</a>.</p><p>The DOI of the journal is: https://doi.org/10.7176/JLPG</p>https://www.iiste.org/Journals/index.php/JLPG/article/view/62058Journal coverpage2024-02-16T08:30:14+00:00Journal Editord@d.comJournal coverpagehttps://www.iiste.org/Journals/index.php/JLPG/article/view/62059Challenges to the Ethiopian Human Right Commission in Promoting and Protecting Human Rights2024-02-16T08:30:14+00:00Lamessa Gudeta Guderd@d.com<p>In Ethiopia, Human right commission is one of the NHRI which is voted by the Parliament through Proclamation No 210/2000 and was established in July 2000 as amended by procl. No 1224/2020 with the mandate of promoting, protecting and enforcing the human and democratic rights of citizens and peoples of Ethiopia as enshrined in the Constitution and other laws of the land, as well as the international human rights conventions and instruments adopted by Ethiopia, and ensure that citizens and peoples can claim these rights. It has great mandate of promoting and protecting human rights recognized by National constitution, Laws, International human rights instruments and Regional Human right instruments.However, different Ethiopian scholars and human right organizations argue that, Ethiopian Human Right is challenged to protect and promote Human rights due to different reason. The government has been severely criticized by the political opposition located inside and abroad, and by international human rights, in particular, the Ethiopian Human Rights Council (EHRCO), Amnesty International, UN Human rights commission and organs of private press.The reality practically seen in the country is also that, Ethiopian Human Right commission has not discharging its responsibility as aimed because of different challenges. So, in this Article, different criticism brought against EHRC and the challenges to Ethiopian Human Rights commission will be assessed.</p> <p><strong>Keywords: </strong>Human rights, Commission, Ethiopia, Promoting, Protecting, Government</p> <p><strong>DOI:</strong> 10.7176/JLPG/139-01</p> <p><strong>Publication date: </strong>January 31<sup>st</sup> 2024</p>https://www.iiste.org/Journals/index.php/JLPG/article/view/62060An Assessment of Development of National Irrigation Policies in Kenya2024-02-16T08:30:14+00:00Amir Mohamed Siradd@d.comAgnes Mugured@d.comMoses Mutua Mutisod@d.com<p>The historical evolution of irrigation in Kenya spans indigenous practices, colonial initiatives, and post-independence efforts, with contemporary challenges and opportunities shaping the sector. This article analyzes the historical context, policy landscape, and challenges of irrigation development in Kenya. It emphasizes the need for policy refinement, community engagement, innovative funding, capacity building, climate-resilient practices, private sector involvement, land tenure security, financial support for farmers, market access, and robust monitoring. The paper concludes with a call for international collaboration to leverage expertise and resources for sustainable irrigation development. Despite historical setbacks and multifaceted challenges, strategic planning and collaboration are essential for realizing Kenya's irrigation potential, enhancing food security, and fostering economic growth.</p> <p><strong>Keywords:</strong>Irrigation Development, Kenya, Smallholder Schemes, Policy Framework, Climate Change Adaptation, Agricultural Productivity &Water Governance</p> <p><strong>DOI:</strong> 10.7176/JLPG/139-02</p> <p><strong>Publication date: </strong>January 31<sup>st</sup> 2024</p>https://www.iiste.org/Journals/index.php/JLPG/article/view/62061Analysis of Ghana's Public Health Act 2012 and AI's Role in Augmenting Vaccine Supply and Distribution Challenges in Ghana2024-02-16T08:30:14+00:00Alfred Addyd@d.comJohnson Mensah Sukah Selormd@d.comFrancis Mawunyo Ahotohd@d.comAbraham Gborfuhd@d.comGeorge Benneh Mensahd@d.com<p>Objective: This study examines reforming Ghana’s dated Public Health Act to enable responsible AI adoption improving equitable vaccine access.Method: A blended CRuPAC-CREAC analytical framework grounded in statutory language, precedents and academic literature is utilized. Results: Current Act provisions grant the Health Minister broad oversight powers interpretable to permit AI supply chain innovations, but lack explicit permissions, priorities, assessments and safeguards to govern responsible development. Scientific Contribution: This pioneers structured public health law analyses assessing AI governance gaps and reform solutions in Ghana grounded in peer country models.Practical Significance: The evidenced recommendations provide legislators and advocates a framework for balancing permission and oversight of impactful technology.Conclusion: While the Act could allow AI vaccination optimizations, targeted modernizing amendments codifying guidelines for responsible innovation can profoundly accelerate equitable access.Recommendations: Legislators should enact laws expressly permitting, prioritizing and governing high-impact health AI based on reforms in India, EU and Rwanda.</p> <p><strong>Keywords:</strong> algorithmic governance, vaccine equity, legal reform, emerging technology, LMIC regulation</p> <p><strong>DOI:</strong> 10.7176/JLPG/139-03</p> <strong>Publication date: </strong>January 31<sup>st</sup> 2024https://www.iiste.org/Journals/index.php/JLPG/article/view/62062Evaluating Ghana’s Health Institutions and Facilities Act 2011 (Act 829) and the Medical Negligence risks of Health Trainees and Professional Health Workers2024-02-16T08:30:14+00:00Felix Nyanted@d.comAlfred Addyd@d.comEbenezer Aboagye Akuffod@d.comGeorge Benneh Mensahd@d.com<p>This legal risk analysis examines Ghana's Health Institutions and Facilities Act 829 of 2011 with attention to heightened medical negligence exposures for both healthcare facilities as well as individual clinical practitioners created under the legislation. Specifically, Section 25 imposes robust vicarious organizational liability upon licensed hospitals, clinics and health centers for negligent acts or omissions of affiliated medical personnel that cause patient harms. Using structured IRAC and CREAC evaluation methodologies, the implications of Act 829 are assessed for facilities enabling trainees to gain instructional clinical experience as well as individual physicians, nurses and other health personnel delivering care onsite. Relevant Ghanaian court precedents are integrated showing increased liability impacts on training programs, practitioner credentialing, informed consent duties, documentation and insurance adequacy. Both risk management recommendations for healthcare institutions as well as continuing education and personal coverage advice for individual clinicians are furnished to enable stakeholders to prudently address the elevated liability landscape sanctioned under Act 829 across Ghana's healthcare sector for enhancing quality aims.</p> <p><strong>Keywords: </strong>Medical Negligence<strong>, </strong>Vicarious Liability, Health Professionals<strong>, </strong>Trainee Oversight<strong>, </strong>Ghana Healthcare Law<strong></strong></p> <p><strong>DOI:</strong> 10.7176/JLPG/139-04</p> <p><strong>Publication date: </strong>January 31<sup>st</sup> 2024</p>https://www.iiste.org/Journals/index.php/JLPG/article/view/62063Public Health Act and Vaccine Manufacturing in Ghana2024-02-16T08:30:14+00:00Alfred Addyd@d.comPhilemon Adu Brempongd@d.comMichael Narhd@d.comShadrach Asamoah-Atakorahd@d.comMaximous Diebierid@d.comGeorge Benneh Mensahd@d.com<p>Objective: To analyze Ghana's Public Health Act 2012 applying the CRuPAC policy review methodology regarding its adequacy and provisions for enabling domestic vaccine manufacturing, especially considering shortages during the COVID-19 response. Method: Granular examination of Ghana law's relevant sections pertaining to infectious disease control, biologics regulation and health emergency directives. Contrasted with vaccine manufacturing policy approaches from India, Brazil and Mexico. Assessed against imperatives around ethics, equity and WHO technological capability transfer guidance.Results: Determined Act originally lacks explicit clauses directly addressing vaccine development ecosystems. However, stop-gap utilization of certain clauses governing inoculations, public health emergencies and biologics were justifiably invoked amid COVID to facilitate interim domestic production. Long-term sustainability requires dedicated institutes, private incentives and public infrastructure policies akin to analog countries. Contributions: Structured analysis revealed legal limitations but also ethical grounds for temporary interventions expanding vaccine access, until amended legislation transforms the Act into an instrument actively enabling self-reliance.Practical Significance: Informs resource allocation and policy reforms for vaccine equity globally post-pandemic. Provides developing country policymakers a framework to scientifically evaluate laws regarding health security aims.</p> <p><strong>Keywords</strong>: Vaccine manufacturing, Health legislation, Public policy, Equity, Self-reliance</p> <p><strong>DOI:</strong> 10.7176/JLPG/139-05</p> <p><strong>Publication date: </strong>January 31<sup>st</sup> 2024</p>https://www.iiste.org/Journals/index.php/JLPG/article/view/62064Balancing Investment Protection and Regulatory Chill: How Indonesian Investment Agreements Impact the Regulation and Enforcement of Mining Licenses2024-02-16T08:30:14+00:00Darian Amartad@d.comPrita Amaliad@d.comYulinda Adharanid@d.com<p>Investment agreements continues to be welcomed by host states for the investment it attracts, but a growing body of work supports the idea that investment agreements may also restrict host states from enacting specific public regulations for fear of capital flight, reputational damage and costs involved within ISDS proceedings, an effect known as Regulatory Chill. Previous works on Regulatory Chill in Indonesia’s mining industry have analyzed the partial rollback of a ban on open pit mining in protected forests as a response to the affected investors’ threat for the commencement of the arbitration. Following the change of Indonesia’s mining system from contracts of works to licenses, 3 new investor-state disputes involving mining licenses have been raised to ISDS. This article sets out two main objectives: (i) to establish the existence of the Regulatory Chill effect in connection with Indonesia’s mining sector and (ii) to examine potential solutions through amendments to Indonesia’s investment agreement. This article has found one instance of the Regulatory Chill effect in the form of policy response from the case of Nusa Tenggara v. Indonesia. However, it failed to find enough evidence of an internalization chill. In regards to Indonesia’s investment agreements, this article recommends maintaining the host state’s regulatory space by amending investment agreements to include exclusions to sensitive regulatory areas, greater elaboration of FET and Expropriation clauses, as well as the elimination of MFN clauses, and to a lesser extent, the use of exception and incorporation of international environmental obligations.</p> <p><strong>Keywords: </strong>ISDS, Regulatory Chill, BIT, Mining License, Indonesia</p> <p><strong>DOI:</strong> 10.7176/JLPG/139-06</p> <p><strong>Publication date: </strong>January 31<sup>st</sup> 2024</p>https://www.iiste.org/Journals/index.php/JLPG/article/view/62065Implementation of Article 9 Paragraph (1) Letter D of Law Number 2 of 2014 Regarding the Position of Notaries (A Study in West Lombok Regency)2024-02-16T08:30:14+00:00Nishfi Miftahurrahmahd@d.comRodliyah .d@d.comHirsanuddin .d@d.com<p>This research discusses the implementation of Article 9 Paragraph (1) letter d concerning official violations and the Notary Code of Ethics according to Law Number 2 of 2014 concerning the position of Notary, and the efforts of the Notary Supervisory Council in order to minimize violations committed by Notaries. The type of research used is empirical legal research with a statutory approach, conceptual approach and sociological approach. Data collection techniques use interview techniques and data analysis by analyzing the application of law by grouping data obtained empirically, and by deductive conclusions. Based on the research results, it is known that the implementation of Article 9 paragraph (1) letter d UUJN is based on the results of the examination trial decision. Based on data obtained during 2017-2023, there were 4 cases of West Lombok Regency Notaries committing violations, which were predominantly violations of obligations. Most sanctions are given in the form of written warnings by MPWN NTB. It was also found that the number of Notarial deeds with legal problems from 2012-2023 was 19 deeds. Efforts made by the Notary Supervisory Council in order to minimize violations committed by Notaries are by increasing supervision, in the form of preventive, curative and coaching supervision, as well as provision.</p> <p><strong>Keywords:</strong> Implementation, Article 9 Paragraph (1) letter d, UUJN, Notary Position.</p> <p><strong>DOI:</strong> 10.7176/JLPG/139-07</p> <p><strong>Publication date: </strong>January 31<sup>st</sup> 2024</p>https://www.iiste.org/Journals/index.php/JLPG/article/view/62066The Burden of Proof in WTO Public Health Protection Disputes2024-02-26T07:32:14+00:00Korntima Phattanasind@d.com<p>The relationship between international trade and public health is complex. The accessibility of a diverse range of goods and services brings opportunities for health improvement. Meanwhile, there are risks of disease transmission. The WTO provides a framework for managing trade-related public health concerns, such as the GATT 1994, SPS, TBT, and TRIPS Agreements. In disputes involving public health measures that restrict trade, the burden of proof lies on the party seeking to justify the measure, requiring scientific evidence. The burden of proof can shift to the defending party, who may also present evidence in defense of their measure. There are many challenges to the necessity of protecting public health, including legal uncertainty, balancing necessity and trade interests, and the burden of proof for non-arbitrary discrimination. It also discusses the cost imbalance in presenting evidence and the lack of sufficient evidence for discrimination. The author suggests ways forward for developing standardized frameworks for assessing trade restrictions, harmonizing public health and trade standards, increasing cooperation, addressing the misuse of exceptions and trade barriers, and strengthening scientific expertise within WTO panels and dispute resolution bodies.</p> <p><strong>Keywords:</strong>Burden of Proof, Public Health Protection, WTO, Necessary, Arbitrary or Unjustifiable Discrimination, Scientific Evidence</p> <p><strong>DOI:</strong> 10.7176/JLPG/139-08</p> <p><strong>Publication date: </strong>January 31<sup>st</sup> 2024</p> <p><strong> </strong></p>https://www.iiste.org/Journals/index.php/JLPG/article/view/62067The Consumption Fuel Subsidy is a Clog to Renewable Energy Development in Nigeria2024-02-16T08:30:14+00:00Noah A. Izoukumord@d.com<p>In 2022, the Nigerian government has earmarked $15.7 billion for fuel subsidies, a substantial portion of its projected $25 billion revenue for the year. This allocation raises concerns about the feasibility of financing renewable energy initiatives outlined in the Paris Agreement. The significant expenditure on fuel subsidies leaves limited resources for investments in renewable energy and critical social infrastructure such as education and healthcare. This article contends that Nigeria's fuel subsidy programme contradicts the objectives of the Paris Agreement, hindering the widespread adoption of renewable energy. To align with climate change targets set in the Paris Agreement, Nigeria must reduce its subsidy allocations, bolster support for renewable energy, and increase incentives for sustainable energy development at the national level.</p> <p><strong>Keywords: </strong>Fuel Subsidies, Paris Agreement, Nigeria, and Renewable Energy</p> <p><strong>DOI:</strong> 10.7176/JLPG/139-09</p> <p><strong>Publication date: </strong>January 31<sup>st</sup> 2024</p> <p> </p>https://www.iiste.org/Journals/index.php/JLPG/article/view/62068A Scholarly Examination of Extradition Law in Nigeria and Its Implications within the Framework of International Law2024-02-16T08:58:43+00:00Victor Nonso Enebelid@d.com<p>This research conducts a comprehensive examination of the extradition legal framework in Nigeria and its subsequent implications in the context of international law. Extradition serves as a crucial mechanism for promoting international collaboration in criminal affairs and upholding the integrity of the global legal framework. Nigeria, being a country extensively involved in a complex web of international treaties and agreements, faces significant challenges in navigating its intricate extradition system, necessitating comprehensive examination. The article begins by examining the historical development of extradition legislation in Nigeria, starting from its inception during the colonial era and progressing to its current state. This paper explores the legislative and judicial developments that have influenced the extradition framework in Nigeria. It provides insights into significant statutes, treaties, and notable legal cases that control the extradition procedure. Furthermore, the study examines the procedural complexities of extradition in the Nigerian context, specifically focusing on the essential aspects of dual criminality, the involvement of executive authority, and the safeguards in place to protect human rights and provide due process. This article critically evaluates Nigeria's adherence to its legal responsibilities as stipulated in several extradition treaties and conventions within the realm of international law. These include the United Nations Convention against Corruption, the United Nations Convention against Transnational Organized Crime, and the African Union Convention on Preventing and Combating Corruption. This paper critically examines the obstacles encountered and accomplishments attained by Nigeria in its extradition endeavors on an international scale, with a specific focus on combating transnational crimes, terrorism, and corruption. In summary, this article provides a thorough examination of Nigeria's extradition legislation in the wider framework of international law.</p> <p><strong>Keywords:</strong> Exploration, Extradition, International law, Nigeria</p> <p><strong>DOI:</strong> 10.7176/JLPG/139-10</p> <p><strong>Publication date: </strong>January 31<sup>st</sup> 2024</p> <p> </p>https://www.iiste.org/Journals/index.php/JLPG/article/view/62161Harmonization of Legal Principles for Regulating Children's Rights in Indonesia2024-03-18T10:28:53+00:00Arief Syahrul Alamd@d.com<p>Legal harmonization in the form of changes to existing regulations creates harmony with international agreements. This can occur between countries or through mandates from supranational institutions and it is very common in this modern era. Indonesia is a civil law system adherent, so ideally legal harmonization is determined by the rule of law. Likewise, regarding the fulfillment and protection of children's rights as legal rights which are part of Human Rights, Indonesia as part of the international community has ratified The Universal Declaration on Human Rights and Convention on the Rights of the Child. This research is a normative legal research and the approach used in this research is a conceptual approach and a statute approach. As a consequence, Indonesia must harmonize laws and regulations, especially those related to the protection of children's rights, so that uniformity or meeting points can be found in fundamental and universal principles, especially the principle of the best interests of the child, as a primary consideration in The Convention on the Rights of the Child.</p> <p><strong>Keywords:</strong> Harmonization, Regulation, Principles, Right of the Child</p> <p><strong>DOI:</strong> 10.7176/JLPG/139-11</p> <p><strong>Publication date: </strong>February 28<sup>th</sup> 2024</p>https://www.iiste.org/Journals/index.php/JLPG/article/view/62162The Main Goals and Principles of The Indonesian Criminal Justice System2024-03-18T10:29:31+00:00Lade Sirjond@d.comSitti Aisah Abdullahd@d.comWa Ode Zuliartid@d.com<p>This study aims to establish the fundamental principles and guidelines of punishment in the enforcement of criminal law, as well as to evaluate the fairness of the sentences imposed by judges in criminal cases. The research uses a normative approach, which includes both the Statute and Conceptual approaches, and relies on primary and secondary legal sources through literature review. The analysis conducted is prescriptive in nature.</p> <p>The study concludes that the objectives and guidelines of punishment within the criminal justice system are centered around the value of justice. Judges have the responsibility to uphold the law and ensure that justice is served. In situations where legal certainty and justice conflict, priority should be given to achieving justice. The proportionality of punishment imposed by judges in criminal cases ensures that the objectives and guidelines of sentencing serve as a mechanism for managing and steering, ensuring that the imposed penalty is intentional and well-oriented. Every criminal sentence should be carried out while considering the principles of certainty and proportionality, aiming to achieve justice in accordance with the Pancasila ideology and the 1945 Constitution of the Republic of Indonesia.Top of Form</p> <p><strong>Keywords: </strong>main goals, principles, proportionality, criminal justice system</p> <p><strong>DOI:</strong> 10.7176/JLPG/139-12</p> <p><strong>Publication date: </strong>February 28<sup>th</sup> 2024</p>