A review of developments and changes in the world＇s constitutions

The constitution is a living document, which being the case, there is a need to increase the understanding of the constitution through systematic research and teaching at various levels. This paper aims to be a catalyst that inspires creative action to claim and advance certain new constitutional rights encapsulated in various world＇s constitutions. It seeks to raise awareness of new constitutional rights. World＇s most constitutions have incorporated constitutional provisions that ensure the entrenched new fundamental human rights. The latest constitutions, including South African constitution of 1996 are advanced and have included significant number of rights which were left out in the old constitutions. The courts are given the widest possible powers to develop and forge new remedies for protection of constitutional rights and the enforcement of constitutional duties.     

The environmental rights entered in the constitutions： A critique

Although environmental law is a relatively a new field of scholarship in South Africa, it is growing rapidly. The right to access to social security including environmental rights is found in the South African Bill of Rights, is being amplified by legislative and constitutional reforms, and developing case law in the courts. There is therefore a clear need to increase the understanding of the discipline through systematic research and teaching at various levels.1 The notion of including an “environmental right” in a domestic constitution is not novel in Africa. Most African countries have incorporated a constitutional provision that ensures the right to a healthy environment. Most of the problems that exist with environmental rights under the international and regional systems are absent under the domestic South African system. The way in which environmental rights have been formulated in international instruments, section 24 of the South African Constitution has been framed as an individual right and not as a collective one. Environmental degradation often affects groups of people and it could consequently argue that the right should protect groups and not just individuals.2     

Constitutional enforcement of socio-economic rights： South African case study

The entrenchment of socio-economic rights in the South African Constitution is a critique. It is submitted that a constitution that pretends to guarantee rights which cannot be judicially enforced should not be considered a serious legal document. In this paper, particular attention is paid to the far-reaching judgment by the Constitutional Court in Mazibuko and others v The City of Johannesburg. The questions posed and answered relate to issues such as the enforceability of socio-economic rights entrenched in the constitutions.     

The right to a fair criminal trial： A South African perspective

The right to a free and fair trial is one of the most basic human fights afforded to mankind. In South Africa, prior to 1994, this right was afforded to accused persons by common law only. The criminal justice system in South Africa however has been changing radically since 1994 due to the inception of first the Interim Constitution and later the Constitution of the Republic of South Africa, 1996. South Africa has a history of human rights abuses-also with regard to criminal trials. The right to a fair trial is now constitutionally enshrined and protected by the Bill of Rights. As a result thereof the application of this right by the South African courts has also changed and what would have passed muster in this regard prior to 1994 would not necessarily do so now. This paper seeks to explain what the right to a fair criminal trial in a democratic South Africa entails with reference to South Africa＇s international obligations in this regard as well as the provisions of the South African Constitution and case law.     

The clash of rights： Sexual violence and ethnic prejudices

The global spread of the recent financial crisis reveals the crisis of the social model at the base of Western societies. This can be seen from the increased social inequality and poverty, linked to increasing rates of unemployment levels within the so-called advanced capitalistic society. These societies, particularly the European ones, are interested at the same time in the migration and acquire the status of multicultural society. The mixture of the two phenomena, the economic and social crisis on the one hand, the increasing of migration flows on the other, led to deep divisions in that societies, whose consequences are felt by the most vulnerable groups： migrants and women. The associations complain of the increased exploitation of migrant labour, which creates resentment in the population, the unions complain the most violent fallout of the crisis of the labour market on women than men. In the Italian context occur that the two forms of discrimination have been dramatically intertwined： the public was captured by a sequence of shocking rapes of women by neo-communitarian citizens. The panic induced by the media has prevented a proper reflection on what was happening, crediting a model of criminalization of foreigners and increasing perception of insecurity in women. The scenario problematic from a legal standpoint, to which this article addresses, is a dangerous polarization between the protection of freedom of women and the respect for the social dignity of migrants. In relation to this scenario highly critical, in which is erroneously included women as a minority in conflict with another minority-migrants, the article aims to identify in a comparative way the best tools to prevent the ethnicization of gender violence.     

The duty of the state to eradicate the legacy of apartheid in South Africa versus resistance to change： Critical analysis of the Chairperson＇s Association Case

South Africa was colonized by European powers from as early as the seventeenth century and all aspects of the indigenous population were transformed, alternatively, subjected to the norms of life of the colonial powers. This led to the erosion of African names and the replacement therefore by colonial names. The South African Geographical Names Council Act is intended to address this legacy.     

PROTECTION OF MALE SEXUAL RIGHTS IN THE CRIME OF RAPE

Crimes relevant to sexual offence in the current Criminal Law of the PRC, such as the crime of rape, the crime of forcible molestation and humiliation of women, the crime of indecency with a child, establish a relatively close net for protecting female sexual rights. However, the protection of male sexual rights is surprisingly neglected or disregarded. In current China, sexual offences against males （including sexual offence against a male by male and sexual offence against a male by female） are getting worse. Unfortunately, male victims of sexual offences cannot seek for legal remedy due to the lack of legal provisions. In theory, the Criminal Law needs to bring in the protection of male sexual rights. This thesis will focus on the issue relevant to sexual offences against males on the crime of rape. The authors will present increasing evidence of sexual offences against males and explore the reasons. We will analyze the necessity of amending the provisions of the crime of rape based on theoretical and practical research, and learn from the advantages of legislations of different times and places in China and other countries. We will conclude with suggestions for amending the current Criminal Law about the crime of rape in order to fill up the gap in legal protection of male sexual rights in China.     

TRANSFORMATION OF RESTRICTIONS AND LIMITATIONS OF AUTHORS＇ RIGHTS IN INFORMATION SOCIETY

The work created by the author is a unique value, which must be protected against its unauthorised use or piracy. However, the copyright protection should not take a wrong direction, because not only for authors, but as well a common society is entitled to rights protection, especially in the era of new technologies or information society. This article deals with intellectual property protection problems in the information society, when it is so easy to access copyright protected works via internet--such use for personal entertainment in order to get access to and share the achievements of culture and art with friends and family should have copyright restrictions It is high time to discuss the introduction of so-called ＂culture access fee＂, which would allow legal access to copyright protected works with slight blanket payment for all right holders.     

In defense of human rights of indigenous people

The nations of the world are generally shaped by a cultural diversity, which must be preserved. This leads to a fundamental and essential defense of indigenous groups and their human rights. The purpose of this article is to highlight the importance of defending human rights of indigenous cucapa, natives settled in the northeast of the state of Baja California in the Delta of the Colorado River, especially with regards to their fishing rights, which is their main source of food and survival. The environmental laws that have been issued in the country have greatly affected them, banning commercial fishing in some areas and totally in many other areas, adding to that a not to subtle performance by the appropriate regulation authorities, preventing them from fishing sea bass, hence their consumption and marketing, which is reflected in their socioeconomic status. For this reason and in response to this violation of their human rights, women have decided to enter a cucapa womb strike, which threatens the existence of the tribe by not reproducing.     

The expression of cultural and religious practice： A constitutional test

Various conventions and national constitutions are differently worded and the interpretation of national constitutions, in particular, reflects different approaches to the concepts of equality and non-discrimination. Different approaches adopted in the different national jurisdictions arise not only from different textual provisions and from different historical circumstances, but also from different jurisprudential and philosophical understanding of equality. The jurisprudence of courts makes clear that the proper reach of the equality right must be determined by reference to the society＇s history and the underlying values of the Constitution. It has been observed that a major constitutional object is the creation of a non-racial and non-sexist egalitarian society underpinned by human dignity, the rule of law, a democratic ethos and human rights. From there emerges a concept of equality that goes beyond mere formal equality and mere non-discrimination which requires identical treatment, whatever the starting point or impact. The question is, how does the state, in limiting religious freedom, conform to the standards of an open and democratic society based on human dignity, equality and freedom？ The hope is that the conclusion of this paper will then be able to be extended to more controversial cases, in particular, involving limits on the right to freedom of expression, culture and belief.     

The South African National Credit Act fails to protect homeowners against various interest rates hikes

Where a credit provider makes a proper financial assessment and finds that the low-income consumer will be able to satisfy in a timely manner all the obligations under all the credit agreements to which the consumer is a party he will in all probability conclude the credit agreement with the consumer. Obviously the affordability assessment made by the credit provider will depend on the prevailing interest rates at the time. There has been several interest rate hikes since June 2006 to December 2008 in South Africa that has had a detrimental impact on low-income home owners. Due to the various interest rate hikes and the prevailing high interest rates many consumers have lost their mortgaged homes. The South African National Credit Act of 2005 has failed to take into its purview cases such as these, and as a consequence there is no sort of consumer protection available for the low-income group who become over-indebted, because of the constant rising interest rates on their mortgage loans.     

On the social basis and legislative propositions of establishing non-marital cohabitation law of the PRC

Non-marital cohabitation is one kind of the ＂family＂ lifestyle which people independently choose. A harmonious society is that of sustainable development society which treats people as its center, and objectively, it requires respecting for people＇s right to choose their lifestyles independently. However, the social problems arising from non-marital cohabitation shouldn＇t be neglected. The laws should recognize the concerned parties＇ freedom to freely choose the lifestyle of non-marital cohabitation and also prevent such social problems which it possibly causes. The authors propose that the special legal system of non-marital cohabitation should be established, for the purpose of promptly preventing and solving the disputes which triggered by non-marital cohabitation, protecting the rights and interests of the concerned parties and their children, and hence promoting the construction of the harmonious society in China.     

THE EXCLUSION OR INCLUSION OF SELOBEDU LANGUAGE FROM SOUTH AFRICAN CONSTITUTION AS AN OFFICIAL LANGUAGE： A COMPARATIVE ANALYSIS

This paper demonstrates the challenges faced by the Commission for the promotion of Rights of Cultural, Religious and Linguistic Communities. This is one＇of the Chapter 9 institutions in the South African Constitution with a mandate to guard democracy. Languages play a crucial part in promoting and attaining the goals of building democracy and nation. It also protects and develops South African uniquely diverse culture. The use and development of languages is closely linked to the development of culture and identity. This paper also refers to other relevant Acts passed by the state which regulate culture and languages. This paper further endeavours to thoroughly scrutinise the relevant provisions of the South African Constitution which either expressly or impliedly refers to the use of languages, and further examines whether the exclusion of the Selobedu language an official language in the Constitution violates or triumph upon those rights. It further makes comparative study with other countries, especially with countries where the constitution stipulates the official languages of that country, and also differentiates between an official and national language.     

ASSESSING THE SUITABILITY OF THE EU SYSTEM OF LIMITATIONS TO COPYRIGHT

The European Union （EU） recognises that future development largely depends on its ability to advance the digital economy. Copyright ＇fuels＂ the knowledge based sector and the digital economy, making it a fundamental component in any strategy to create sustainable economic growth. EU copyright legislation acknowledges the exclusive rights of authors to reproduce or authorise the reproduction of the work he or she has created, make available or communicate it to the pub#c, and distribute it. It also establishes one mandatory and 20 optional exceptions or limitations to those exclusive rights. The acknowledgement of the importance of the creative sectors in the digital economy has resulted in several EC initiatives, such as stakeholder platforms aiming at developing practical solutions for user access to copyright works based on current legal and other frameworks, and proposals for new EU legislation, including a draft directive on collective rights management, which focuses on governance of collective management organisations （CMO） and cross- border and multi-territorial licensing of musical works. It has also led to requests, including from within the European Commission （EC）, that it be considered whether a review of the current EU system of limitations to the exclusive rights is still appropriate; does it address adequately challenges posed by the digital economy？ The system of exceptions and limitations to the exclusive rights is a crucial element in the EU copyright framework. This paper argues that the fundamental principles of copyright, which grants excusive rights to copyright holders, combined with the possibilities of introducing exceptions and limitations to those exclusive rights in national legislation based on the internationally acknowledged principles of ＂the three-step＇＂ test, are still valid tools and the most appropriate approach to the establishment of a legal framework for user access to copyright materials.     

PARTY AUTONOMY IN THE APPLICABLE LAW TO RIGHTS IN REM TO MOVABLES UNDER THE CHINESE ACT ON THE LAW APPLICABLE TO CIVIL RELATIONS WITH A FOREIGN ELEMENT： A COMPARATIVE REVIEW

It is widely recognized that a right in rein to movables is to be governed by the law where the movable is located, while party autonomy is confined to the choice of law in contractual matters. Recently there have been calls to extend party autonomy to right in the choice of law in rights in rein to movables. The 2010 Act of the People＇s Republic of China on the Law Applicable to Civil Relations with a Foreign Element （the Act） is a legislative move. The question, however, remains whether it is reasonable for mandatory property law to be left to the choice of parties, in particular in an age when transborder movement of movables is frequent. This paper analyzes the issues of party autonomy and applicable law to rights in rein to movables.     

ENVIRONMENTAL RESPONSIBILITY REGULATIONS： GUARANTEE THE HUMAN RIGHT TO A HEALTHY ENVIRONMENT

Throughout history, human beings have wastefully utilized human resources, unknowingly at first, and then without taking into consideration the concept of sustainability. This has led to a quantitative and qualitative deterioration of the ecosystems providing the necessary resources to satisfy what current society considers is essential. The international community has conducted several efforts that tend to protect the space in which life develops. Among those efforts we can highlight due to its historical importance： the United Nations Conference on the Human Environment which took place in June of 1972 in Stockholm. There was the participation of l13 countries which signed a declaration that became the foundation for all environmental policies： the Worm Charter for Nature, Then 10 years following the Stockholm conference, it came to ratify the principles originating from the aforementioned event. The United Nations Conference on Environment and Development which took place in Rio de Janeiro in June of 1992 established the principles to achieve sustainable development. The 2002 Johannesburg Summit in South Africa promoted the implementation of concrete actions to comply with the Rio Conference in specific times. In Mexico, the constitutional recognition of the Human Right to an adequate third generation environment for the development and well- being of every individual requires legal protection. This issue becomes crucial to the design and implementation of an environmental protection regime in case of environmental element destruction, whether they are national property or res communes, will allow the damage to be repaired and will reduce the possibility of new damages from happening. Mexico has signed 62 international treaties related to environmental matters. Nine of which refer to environmental damage responsibility before the international community. Environmental Law in Mexico is composed of a series of ordinances that have been issued in different historical moments and contexts. That is the reason why they lack a connection that organizes them and aims them to an ultimate objective. So, here are presented some considerations which are essential in order to operate a legal responsibility system for environmental damages.     

CHALLENGES OF DEVELOPMENT IN BURUNDI： A CASE STUDY OF PROTECTION OF REFUGEES AND IDPS IN POST-CONFLICT RECONCILIATION AND TRANSITIONAL JUSTICE

Violations of human rights and genocide in Burundi are among the most contentious issues which continue to attract the attention of academic discourse. This paper is concerned with the question of human rights violations in Burundi from a historical and comparative perspective. It seeks to trace the root causes of Burundi＇s sullied human rights record over 52 years since independence from Belgium in 1962, the role of the military in human rights violations, including mass killings of civilians and extra-judicial executions of political opponents and the fact that the post- conflict constitutional architecture has not succeeded in establishing accountability and responsibility for these violations; in providing truth, justice and reparations to the victims and in putting an end to the culture of impunity which seems to be entrenched in Burundian society. Moreover, by analyzing critically the results from interviewing 113 Burundians and 16 non-Burundians, this paper argues that there will be no political stability enduring peace without addressing these issues in a comprehensive manner.     

3D Finite Element Model of Human Knee Injuries in the Traffic Accident

Objective To explore the injury mechanism of the human knee in a traffic accident by estab lishing a 3D finite element （FE） model. Methods The FE model, composed of femur, tibia, fibula, patel la, meniscus, knee ligaments and surrounding soft tissues, was reconstructed by CT scanning data from a male volunteer. Validation was performed by the lateral impact simulation, and the stress and strain re sults were obtained to be compared with those previously reported for injury prediction. Results The re suits derived from the FE model were found to be similar with those previously reported, most of the ligaments and meniscus wounded at 40 m/s collision, which was readily observed. Conclusion The simu lation results generated by FE model can be effectively used for the injury mechanism analysis of initial contact.