ZIMBABWE＇S NEW CONSTITUTION AND LOCAL GOVERNMENT： IMPLICATIONS FOR CENTRALLOCAL RELATIONS

The process of political and administrative decentralization in Zimbabwe with a view to creating autonomous local governance expended much rhetoric. Current local government problems arise from the structure and nature of centre-local relations. Local governments＇ capacity has been severely affected by conflict, political interference, ＂bankruptcy decentralization＂ （without transfer of resources, competencies and decision making authority to local level）, corruption, low citizen participation and lack of accountability. This background necessitates the need to redefine and change centre-local relations. This article advocates for redefining centre-local relations to embrace the Constitution of Zimbabwe Amendment （No. 20） Act, 2013 which provides for devolution of powers and functions to local government. A brief local government history of Zimbabwe introduces the treatise followed from a conceptual perspective on local governance and centre-local relations. The conceptual framework provides the rationale for a devolved, strong local government based on pillars of efficiency, accountability, manageability, and autonomy. Drawing from the changing landscape of central-local government relations since the onset of the Zimbabwean crisis in 2000, the paper responds to the following question： What changes need to be made at both local and central government level so that the former operates autonomously？ The envisaged reforms are targeted at planning, budgeting, human resources and expenditure and service functions which are the fulcrum of the local government system.     

Is the erecting of barriers against foreign Sovereign Wealth Funds compatible with international investment law？

The impact of overseas investments by Sovereign Wealth Funds （SWFs） is increasingly causing alarm in destination countries. Many western governments show high concern with SWFs investing in some of their strategic economic sectors, such as energy or high technologies. Consequently, several of these governments have issued new domestic rules to control and even cancel investments operated by SWFs, or are about to do so. The aim of this work is to assess the compatibility of these new legislations with international investment law.     

Revitalization of waqf administration ＆ family waqf law

Historically speaking, the institution of waqf played an incredible role in providing all the basic and fundamental services to Muslim societies in terms of providing education, goon health care, basic infrastructures, employment opportunities, enhanced the commercial and business activities, food for the hunger, sheltered for the poor and the needy, besides supporting the agricultural and industrial sectors. Nevertheless, its role has been deteriorated since the end of the 19th century up to the present as the governments in different Muslim countries centralized its administration and abolished family waqf. The main objective of this paper is to revitalize the administration and the law of waqf in order to meet the basic and the essential services which are needed in Muslim societies and without any cost to the government.     

POLITIC OF LAW OF GROUND WATER EXPLOITATION

One of Indonesia characters is welfare state, reflected in Republic Indonesia Constitution in 1945 （UUD NRI year 1945） on Preamble paragraph 4 mentioning the general welfare is the primary aim of the state. Provision of Article 33 paragraph （2）, （3）, and （4） UUD NRI year 1945 as lives of many people that natural resources inform of water for the greatest prosperity of people＇s and controlled by state. This is in line with the Constitution Act No. 7 year 2004 on water resources, focus on welfare of people and based on the reflection of democracy spirit. Based on the constitution of Local Government Act No. 32 year 2004, the important role to support the achievement of social welfare problems associated with water （ground water）, is crucial. However, the Presidential Decree RI No. 36 year 2010 which provides space for the foreigners to invest in water exploitation orientation, and there was interest~politic of law, so the local government at the beginning prioritize on the welfare of the local people turned into the realm of economic interest to revenue for local government. Based on the statement above, so the problems of people＇s welfare, democracy and justice are neglected.     

TOURISM VISITATION OF YANKARI AND CROSS RIVER NATIONAL PARKS BY LOCAL AND FOREIGN STATUSES-IMPLICATIONS FOR DEVELOPMENT OF INTERNATIONAL TOURISM IN NIGERIA

Development of sustainable tourism constitutes an essential part of Nigeria＇s agenda for attaining sustainable development by the year 2020. Tourism is expected to diversify the economy away from the oil sector, and play a vital role in the economy in the areas of environmental conservation, employment creation, and foreign exchange generation. The present study examines utilization of two Nigerian national parks - Yankari National Park （YNP） and Cross River National Park （CRNP） - along local and foreign lines over the period 2002 - 2006 to assess the potential contribution of foreign tourism to the national economy.     

THE ASYMMETRY OF THE WTO DISPUTE SETTLEMENT MECHANISM AND CHINESE STRATEGY： IN WHAT WAYS DO THE SYSTEM AND RESULTS FAVOR COMPLAINANTS？

By referring to 400 WTO cases, this paper reviews the results of WTO dispute settlement proceedings and the systemic causes in order to find out whether the WTO dispute settlement system ＂s results reflect a clear tendency of favoring complainants, and if so, whether the internal asymmetry of the system leads to such results. Based on these findings, and by considering a number of factors, this paper analyses the influence on national interests brought about by such asymmetry, so as to find whether there is a two-way adjustment effect and relative deprivation effect for developing countries. Then, according to the current economic situations of the WTO＇s Asian countries, this paper suggests that the Asian members should reform their policies to overcome the disadvantages of the WTO asymmetric proceedings. In this part, this paper comprehensively evaluates the measure of actively using the WTO dispute settlement system that favors the complainants, in order to develop overseas markets and realize potential benefits of treaty negotiations.     

Comparing civil law and common law systems for mergers and acquisitions An economic analysis

＂From the economic point of view, common law is more efficient than civil law.＂ Is this recent statement published in an economic report valid for mergers and acquisitions （M＆A）？ The main objective of this paper is to compare the legal performance of M＆A in France and in the United States. The purpose is to quantify the impact of both legal systems on the long-term performance of M＆A transactions. To carry out this research, a specific methodology was developed and the results of which are evaluated. Two legal structures for M＆A transactions were retained： the purchase of shares （share deal）, and the purchase of assets （asset deal）. Each of these acquisition structures was then subdivided into eleven steps composing the process, for example from preliminary information, letter of intent, due diligence, stock or asset purchase agreement, closing, to litigation with formal summons. Performance was then measured by taking into account time, cost, and satisfaction factors. The time factor was broken down into person-days and the number of days, weeks, or months required to complete each step. French and U.S. respondents were asked to fill out a questionnaire with reference to a specific acquisition project. A typical question was for instance： What is your estimate of working days to complete this step （person-days）？ Radar charts were used to compare the mean of each performance factor. In order to check for correlations among the performance factors, an inter-factors analysis （regression） was carried out. The research findings are presented in this paper. Results show that a share deal in France is generally cheaper and participants indicate a significantly greater amount of satisfaction than in the U.S. However, for the time factor, the results vary. The conclusion is that the application of the civil code rather than common law does not reveal substantial differences as far as M＆A transactions are concerned. One reason is that in both France and the U.S. these transactions are carried out following standard procedures in compliance with common contractual practices.     

EXECUTIVE BRANCH REFORMS IN THE REPUBLIC OF LATVIA

The Latvian government is being praised for successful national recovery from the severe economic crisis. However, the praise is followed by accusations that it is achieved at the cost of socially vulnerable populations who are still unable to recover from the economic crisis or simply decided to leave the country. Was the cost of victory too high？ The question still remains to be answered,＂ however it highlights the fact that such a problem exists. Problems and the ability or inability to resolve them are especially brought to the fore during such crisis situations and it is clear that the Latvian government model is not effective enough. The low level of public confidence level towards the Saeima and the government, frictions between coalition partners, lack of responsibiBty, unprofessionalism - are just some of the problems that characterise it. Is an executive branch reform necessary or just some improvements？ Is legal regulation or legal nihilism to blame？ How to make the executive branch stronger and more responsible？ These questions have been addressed during recent years within the context of administrative reforms as the process of forming the government and the executive branch plays a very big or deciding role in national development. The existing system has run its course and no longer provides qualitative government which underlines the necessity for change.     

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.     

A FAREWELL TO BARRIERS： TOWARDS A FLEXIBLE SYSTEM OF EXCEPTIONS IN CONTINENTAL COPYRIGHT LAW

The paper would analyze the law and economics of introducing flexibility in the system of exceptions and limitations on European Copyright Law. Such flexibility would exist in an open norm on the basis of which the courts can decide whether certain uses of copyrighted material are permissible or not, instead of explicitly defining this in the law. First, it would assess problem areas where the lack of flexibility creates legal disputes and potential barriers to innovation and commercialization. Second, it would analyze the economic rationale and economic effects of introducing flexibility. Exceptions and limitations in the current copyright system are meant to balance the protection granted to rights owners with the public interest＇s need to make certain unauthorized uses. However, this paper would identify a number of situations that do not fit well within the current set of exceptions and limitations and attribute this to a lack of flexibility. Several of these problem areas have given rise to court proceedings with varying outcomes. The interpretation given by courts to existing exceptions and limitations---such as the quotation right, the exception for transient and incidental copying, the private copying exception, and the incidental use exception--is usually too narrow to respond to new technological developments, new developments in the creation process, or new commercialization models. These types of uses generally do not fit the narrowly defined exceptions and limitations and therefore lack legal basis. The same is true for things not yet invented.     

THE PRESS AND THE JUDICIARY： COURT AND JUDICIAL REPORTS IN THE PREss IN ENGLAND AND WALES

Western scholars have argued that image making and image management are a preoccupation of the judiciary. Images of the judiciary may take a variety of forms and be produced for kinds of audiences. One form of judicial image making and image management is live performances in the courtroom and other court settings. Another is the written judgment where the preoccupation is the style of the written text. Press and other mass media reports of judicial activity are another. The audience for judicial images is equally diverse, from fellow judges, lawyers in the courts and the wider legal community, the litigants before the courts to the executive, legislature and the public both in the courtroom and beyond. The image of the judiciary that is available to the public has a particular significance in Western rule of law democracies. As a general rule courts and the judiciary are required to operate in public and their activities must be open to public scrutiny. A recent policy manifestation of this goal is debated about confidence in the justice system and initiatives designed to improve confidence. In the majority of cases public scrutiny of judicial activity and public confidence in the judiciary relies upon the media. Objective and accurate press and media reports play a key role in shaping public understanding of the judiciary and generating or undermining confidence in that institution. Reports in regional and national newspapers have long been an important source of information, shaping public knowledge and facilitating public scrutiny of the justice system. In the UK, there is almost no scholarship on these representations past or present. The result is little known about the representation of the courts and the judiciary in press reports. Little is known about what the diligent reader of these reports can learn about judicial activity. The aim of this article is to take a first step towards changing that state of affairs. It uses a data set made up of 205 contemporary domestic newspaper reports of court and judi     

THE FORMATION OF LOCAL POLITICAL PARTIES IN UNITARY STATE OF REPUBLIC OF INDONESIA CONSTITUTIONAL LAW PERSPECTIVE

As a unitary state which adheres to the principle of local autonomy in 1945 NRI Constitution, Indonesia reflects the character of federalism in the context of the relationship between central and local. The character is reflected on more number of government affairs under the authority of the local than the central. It also reflects that Indonesia actually is a very diverse country, so the plurality must be treated with establishing a decentralized unitary state. Indonesian pluralism is also reflected in the diversity of its people political channels. Unfortunately, in this context, the party system in Indonesia is still highly centralized with the party system with national concern only. This normative law research with theoretical, normative, sociological and historical approaches finds that Indonesia, theoretically, is feasible to implement the local party system in addition to the existing national political party, because it holds the doctrine of the federalism mentioned above. Normatively, the provisions of pluralistic of Indonesia are set out in the Constitution, including provisions on local autonomy which provides a space for the pluralism. The pluralistic of the political channels is sociologically proven by more differentiation of public options in every election. Therefore, for the building of diverse and autonomous Indonesia in the future, a local party system which dichotomous with national political parties needs to be built. It serves as the basis of the strengthening of regional autonomy in the context of the Unitary State of Indonesia.     

FAILED STATED CRITICS ON PEOPLE＇S CONSTITUTIONAL RIGHTS IGNORANCE IN MORO- MORO,REGISTER 45 FOREST,MESUJI, LAMPUNG

The idea of constitutionalism requires the notion of limiting the power and rights of the people guaranteed by the Constitution. Indonesia Constitution-Undang-Undang Dasar1945 clearly provides protection upon constitutional rights of citizens. Yet, in some places where agrarian conflicts happened, constitutional rights of citizens ignorance still occurs. One of the longest conflicts in Lampung is the conflict in Register 45forest area, in Mesuji district, Lampung. This conflict has been occurring for more than eleven years and resulting in many victims. It is a conflict about control and management of Industrial Plantation Forests （HTI） involving disputes among investors, people, and government.     

Transforming China poverty crisis： Challenges and issues

This paper describes the economic conditions of urban and rural poverty in China. The examination of this problem deconstructs into three components and this explains why this problem is China＇s premier economic problem, despite its recent economic progress into a world ranked industrial economic power. Here, this paper examines the period of 1985 to 2008, a period of almost exponential growth. Even though during this period millions escaped from poverty levels of income, this was only part of the positive results. There were social negatives as well, and the main one was that economic inequality became worse, as the impoverished, as well as being affected by the current financial situation that has overcome the Chinese labor market, has put them into competition with the better off who are in the same economic predicament. As China merges into forms of economic globalization, any external blow will cause sharp fluctuations within the Chinese economy, as reflected within the labor market. Unemployment imposes direct impacts on incomes, and may give rise to social instability. As a result, job growth should be at the top of the macro-control agenda.     

LEGAL DISPUTES OF MARITIME BOUNDARIESDIMENSIONAL CASE STUDY OF THE THAILANDCAMBODIA

The principal aim of this research is the quest for a well-balanced legal system that reconciles predictability and flexibility in the law of maritime delimitation. As with all types of law, the law of maritime delimitation should possess a degree of predictability. The other flexible considerations of geographical are also required in order to achieve equitable results. How, then, is it possible to ensure predictability while taking into account a diversity of factors in order to achieve an equitable result？ This, according to the author, is the question at the heart of the law of maritime delimitation. This issue in depth by looking at three aspects of the question.＂ first by looking at the two opposing and contrasting approaches evident in the evolution of the law of maritime delimitation; second, by undertaking a comparative study of the case law and State practice; and third, by examining the theoretic 1958 Geneva Conventions and the pioneer ruling in the North Sea Continental Shelf case.＂ the inherent and ＂ab initio＂ rights of the coastal State, the requirement for delimitation by agreement, and the emphasis on the role of equity. But much remained to be worked out by State practice and by jurisprudence; and in such a novel field, it is perhaps not surprising that there have been many inconsistencies and reversals. There could be no better guide through this labyrinth than whose sureness of direction is based on very detailed study, All problems underlie the law of maritime delimitation. Nowadays, many studies have been written in the field of maritime delimitation. Most of them have focused on the case law. In fact, as is shown in the bibliography, there are many articles relating to inter-national judgments in this field. Since it has been argued that the law of maritime delimitation has developed through international jurisprudence, it was only natural that writers turned to the analysis of case law in this field. By contrast, State practice concerning maritime delimitation has not been suffici     

Effective prison rehabilitation system： Special reference to Sri Lanka

Prison is one of the main and important agencies which involves in the criminal justice process. Offenders who are sentenced to imprisonment are sent to this institution for rehabilitation. The main objective of the prison institution is to rehabilitate prisoners thereby helping them to understand what was wrong with their behaviors and helping them to become productive citizens in the future after releasing from prison. In order to achieve this task, the prison system should take necessary steps to conduct an effective rehabilitation process during the imprisonment period and to ensure the protection of their human rights. The present situation in prisons, the increasing rate of the reconvicted and the recidivism demonstrate that the prison system in Sri Lanka is not able to successfully reach its main goal that of the adequate rehabilitation of offenders and sufficient protection of their rights. This paper focuses on an effective prison rehabilitation system for Sri Lanka through the protection of rights of prisoners. To reach this goal, the role and the importance of the concept of rehabilitation as a main objective of punishment, present international regional and national laws relating to the rights of the prisoner, existing prison system in Sri Lanka, the current problems in our prison system and reasons for the problems are discussed. Furthermore, the initiatives and the measures that could be taken for an effective prison rehabilitation system in Sri Lanka and the role of the public and privates institutions in this regard are also considered.     

Cheating in sport： Lithuanian case for legal regulation

Globally much attention is paid to cheating in sports, known as ＂war on performance enhancing drugs＂,＂concern for criminalization＂, ＂eradicating menaces to sport＇s integrity＂ etc. Meanwhile, in Lithuania the legal framework of cheating in sport is quite new and almost every kind of law is theoretically possible, therefore it is important to ascertain the relationship between disciplinary, civil, administrative and criminal law. Two dangerous forms of cheating are chosen to analyze in this work： doping and match-fixing. In conformity with said analysis primary guidelines for potential legal regulation are offered.     

THE HEDGEHOG DILEMMA IN THE COURT-MEDIA RELATIONSHIP IN CHINA

This paper explains why Schopenhauer＇s ＂Hedgehog Dilemma＂ may be the most apposite metaphor for the relationship between the courts and the media. Whatever they get from each other, the media＇s role representing the public and the court＇s role representing justice are both essential to modern democracy. Therefore, their relationship has attracted attention, not just in legal and media professions, but also in public and government debate. In the last two decades, China ＇s highest court has issued judicial interpretations and guidelines to regulate the activities of the media and the court, which has brought the topic to a new level of discussion. As a drafter of these official documents, the author will comment on development in this field and their interaction with values inherent to democracy.     

Ontario Education Act and Related Statutes:An Overview

Canada is a federal country with a federal government, but according to the Constitution Act, 1867, "in and for each Province the Legislature may exclusively make Laws in relation to Education". Education is under the exclusive jurisdiction of provincial governments. There is no federal ministry of education, but there is a Council of Ministers of Education to offer provincial ministries and departments of education the opportunity to work together. In each province there is a ministry or de-     

LEGAL REGULATION ON EXECUTIVES' PAY OF STATE-OWNED ENTERPRISES IN CHINA: EXPERIENCE,DEMONSTRATION AND PATH SELECTION

The source of the struggling legal regulation of executives'pay in state-owned enterprises is that the executives of most state-owned enterprises are not selected from the personnel market but are appointed by the administrative agencies,which gives government departments in charge sufficient legal premises to regulate their pay externally.However,the strict broad-brush administrative regulations and policies intensified the irrelevance between executives' pay and their business performance.It is necessary to classify the way and the extent to regulate executives' pay in state-owned enterprises according to its different nature and function.It is also necessary to re-modify the strict control of executives' pay policy on competitive state-owned enterprises.To achieve selection from the human resources market,we have to improve the market-based mechanism of pay contractual arrangements and implementation between the enterprise and the executives,and then ultimately achieve a high relevancy between the executives' pay and the performance of management.The role of law is to guide,ensure and enhance this correlation.