University Law Research Articles

KORACI DO STVARANJA PARADRŽAVNE TVOREVINE REPUBLIKE SRPSKE / STEPS TO THE CREATION OF A PARASTATE FORM OF THE REPUBLIC OF SRPSKA

A review of a book The Emergence of the Republic of Srpska: from Regionalization to Strategic Goals (1991-1992) by Muamer Džananović, Jasmin Medić and Hikmet Karčić (University of Sarajevo Institute for the Research of Crimes Against Humanity and International Law /University of Sarajevo Institue for History, 2023).
 The book presents a thorough, layered and comprehensive analysis of the creation of the parastate creation of the Republic of Srpska on the territory of the Republic of Bosnia and Herzegovina, with a focus on the process of regionalization and the strategic goals by which this idea was shaped and implemented on to the work. The publishers of the book are the Institute for the Research of Crimes Against Humanity and International Law University of Sarajevo and Institute of History University of Sarajevo.

Students’ Perceptions of a Gamification in Higher Education

The goal of the current study is to explore higher education students’ perceptions at Taibah University in Saudi Arabia about integrating a gamification approach into their classes. The descriptive technique was employed by the researcher since it was the most suitable scientific approach. An online survey with 35 questions was distributed to the students via email. The total number of students in the target population was 201. A total of 86 students submitted responses, resulting in a response rate of 43%. The Statistical Package for Social Sciences (SPSS) was used to analyze the data obtained and accomplish the study's objectives. The results showed positive perceptions toward the use of gamification among higher education students at Taibah University. The study also showed that there was a significant difference in integrating the gamification approach between students in the College of Law and the College of Business Administration in favor of Low college. This study recommeneds encourging the faculty members to adopt gamification methods in all their classes to help students easily recall the information and to help them get engaeged with lesson. Further studies need to be conducted to investigate the relationship between students’ personal characteristics (age, gender, and school year) and their perspectives about adopting a gamification approach. The findings of this study indicate that further studies at the colleges of Business Administration need to be conducted to get faculty members and students’ perspectives about adopting a gamification approach.

Philology as a Social Activity: Sociophilological Analysis of Mental and Linguistic Situation in Modern Russia. Part 1: About the Profession of “Philologist” and Higher Philological Education in Russia

The article is devoted to the consideration of the phenomenon of “philology” as a humanitarian science, a type of social activity and an element of everyday consciousness. The components named above constitute a unity, which we denote by the term “modern mental-linguistic situation.” In this study, philology as a social activity is placed at its center. The most important institutions of socialization and officialization of philological activity are the system of school and university education and law (labor legislation regulating professional activity). Complex and contradictory relations have developed between these institutions in the USSR and the Russian Federation, which are analyzed in the article. In this socio-mental space, school education forms a functional unity with ordinary metalinguistic consciousness, while university education tends to some unity with scientific metalinguistic consciousness. We believe and prove further that educational structures “represented by” higher and secondary educational institutions carry out a non-systematic response to socio-public requests for philology as a science and as a practical activity. The main subject of the study is the causes and consequences of the non-systemic institutionalization of philological activity in university and school philological education.

The Role of Legal Aid And Consultation Agencies Faculty of Law University of Muhammadiyah Sukabumi to Prevent Domestic Violence

This research was motivated by the ineffectiveness of the efforts of the government and social institutions, law enforcement agencies in reducing the number of domestic violence that occurs in the community, and especially for the role of legal aid institutions that provide legal assistance in assisting domestic violence cases is still ineffective, because people who need legal assistance in accessing legal aid in domestic violence cases are still low, especially people in the Sukabumi Regency area in terms of prevention and Legal assistance in domestic violence cases by Legal Aid Providers is still not well coordinated. Therefore, research was conducted with concrete objectives on how to step the strategy pattern of the role of the Legal Assistance and Consultation Institute (LBKH) Faculty of Law, University of Muhammadiyah Sukabumi, in tackling domestic violence crimes in Sukabumi. The research method used is descriptive-analytic, that is, explaining existing data from relevant materials and analyzing them with reference to juridical foundations. The wrong approach that will be taken is to make observations in advance of an existing problem by being studied qualitatively and quantitatively, making a pattern the concept of handling the provision of legal assistance between LBKH and the Local Village Area. The results showed that with a pattern of strategic concepts applied between the cooperation of LBKH and the local village government, it can be possible to emphasize domestic violence cases in Sukabumi Regency by also focusing on the concept of domestic violence together with social institutions, law enforcement, and other institutions. With legal aid institutions in the regions tackling domestic violence cases in the community, solutions can be found by forming a pattern of joint handling concepts both in terms of prevention and legal assistance can run effectively, especially so that the role of legal aid institutions in providing legal assistance for domestic violence cases is maximized, especially in terms of prevention and legal assistance.

ICJ Advisory Opinion on Legal Consequences of the Separation of the Chagos Archipelago From Mauritius in 1965 (Chagos Advisory Opinion): A Critical Analysis

The Chagos AO is a milestone in the history of decolonization which certainly added some narratives to the jurisprudence of the right to selfdetermination, rules of identification of customary international law, and the practice of the ICJ in relation to its jurisdiction on an advisory opinion. Similarly, ICJ had missed dealing with the human rights of the inhabitants of Chagos Archipelago which was the subject matter of the opinion, whether the right to self-determination qualifies as peremptory norms or not, etc. This paper critically discusses the approach taken by the World Court in this case in five sections, e.g., the judicial propriety in the AO, the territorial aspect of the right to selfdetermination, the right to self-determination and customary international law, the right to self-determination and jus cogens, and human rights of the Chagossians. Dhaka University Law Journal, Vol. 33(1), 2023 P.95-110

State of Necessity in Post Covid-19 Investor-State Arbitration: CMS and LG&E Revisited

Covid-19 has spread its wrath on every aspect of human affairs. Foreign investment is no exception to that. To combat the pandemic, different States have deployed various restrictive measures having a direct bearing on foreign investors. Such actions are likely to result in an influx of investor-State disputes. It can be reasonably assumed that the States will invoke the necessity plea, among other grounds, to negate their responsibilities in such situations. The cases of The CMS Gas Transmission Company v. The Argentine Republic (2005) and LG&E Energy Corporation v. The Argentine Republic (2006) previously sparked debate about the necessity defence’s applicability in investment arbitrations. This article examines the suitability of the defence in investor-State arbitrations in the post- Covid-19 era in light of the CMS and LG&E cases. After careful scrutinization, this article proposes that the unique nature of the crisis borne from the Covid-19 pandemic should be taken into consideration while applying the defence in any pandemic-induced arbitration. It concludes that unless the catalysts associated with the pandemic are taken into account while applying the defence, it will be invariably futile in investor-State arbitrations.
 Dhaka University Law Journal, Vol. 33(1), 2023 P.1-22

The Genesis of Minority Rights in the League of Nations and Beyond

This article examines the development of minority rights and its protection system in the League of Nations. It traces the evolution of the concept of “minority” and the challenges of defining and designating it in international law. The paper also examines the content, guarantees, and implementation of the protection regime that the League of Nations established for certain minority groups in Europe, based on the treaties and instruments adopted at the 1919 Paris Peace Conference and subsequently. The article further investigates the role of the Permanent Court of International Justice and Minority Committees in interpreting and enforcing the minority rights obligations of the concerned states. In the end, the article provides a critical assessment of the achievements and shortcomings of the minority protection systems of the League and reflects on how these systems were integrated into the framework of the United Nations.
 Dhaka University Law Journal, Vol. 33(1), 2023 P.23-48

Application of the Doctrine of Restraint of Trade in Employment Contracts: A Dichotomy between English Law and Indian/ Bangladeshi Law and Its Potential in Outsourcing Contracts

The doctrine of restraint is no more confined to the entrenched words of the sections of the Contract Act, 1872. It has travelled beyond by encompassing the reasonableness doctrine within it. However, the development is still in its rudimentary state in context of Bangladesh as very few cases are dealt with by the Bangladeshi Courts on this issue. As a result, we do not have enough legal premises to make an in-depth analysis of the applicability of the doctrine in our perspective. However, the Grameenphone Ltd vs Chairman case in the First Labor Court has opened a new dimension on this issue through anatomizing an outsourcing contract. It has provoked us to think again of the application of restraint of trade doctrine in employment contracts. But before delving into the matter with a research methodology, we need to know more about it since the texts on the issue of outsourcing are still nascent. The aim of the article is to introduce to the reader the developments of the doctrine of restraint of trade and contextualize it in Bangladesh’s context.
 Dhaka University Law Journal, Vol. 33(1), 2023 P.49-66

Appointment of Supreme Court Judges in Bangladesh: An Alternative Interpretation of “Consultation”

The Supreme Court of Bangladesh in the cases of Manabjamin and Idrisur Rahman held that in the matter of appointment of Judges of the Supreme Court “consultation” with the Chief Justice with primacy of his opinion is a condition of independence of Judiciary. I argue that the appointment of Judges of the Supreme Court by the Executive does not by itself fetter judicial independence provided that the other post-appointment conditions imposed by the Constitution are met. I further argue that Article 98 (appointment of Additional Judges) and Article 99 (permitting Judges to hold ‘judicial’ or ‘quasi-judicial’ offices after retirement) are provisions that compromise with the independence of Judiciary. The Court has never identified these provisions as potential or real threat to the independence of Judiciary. The Court rather over-focused on the mode of appointment as a major aspect of judicial independence. So far as the mode of appointment is concerned, I argue that the accountability of the Executive should be ensured politically and not judicially. This assumes that the whole of the accountability of the Government cannot be claimed to be ensured legally and the vice versa. In his dissent, Joynul Abedin J argued that the mode of appointment of Judges isn’t a component of judicial independence. However, this raises the question: if the Executive disregards the Chief Justice’s opinion, what then? Abedin J didn’t address the Executive’s political accountability in such a scenario. This leaves a gap in our jurisdiction regarding the justifiability of the Executive’s political accountability in Supreme Court Judge appointments. This article aims to fill that void by advocating for political accountability of Executive solely within this context.
 Dhaka University Law Journal, Vol. 33(1), 2023 P.77-94

Analytic hierarchy process (AHP) assessment of Kuwait mega construction projects' complexity

PurposeMegaproject's construction is essential for the development and economic growth of any country, especially in the developing world. In Kuwait, megaprojects are facing many restrictions that discourage their execution causing a significant delay in bidding, design, construction and operation phases with the execution quality being affected. The objective of this study is to develop a complexity measurement model using analytic hierarchy process (AHP) for megaprojects in Kuwait, with a focus on the New Kuwait University multi-billion campus Shadadiyah (College of Social Science, Sharia and Law (CSSL)) as a case study.Design/methodology/approachThe study applies a hybrid fuzzy analytic hierarchy process (FAHP) method to compare the results with those obtained using the conventional AHP method. This can facilitate the project management activities during the different stages of construction. Data were collected based on the results of a two-round Delphi questionnaire completed by seniors and experts of the selected project.FindingsIt was found that project modeling methodology was responsible for complexity. It was grouped under several categories that include technological, goal, organizational, environmental and cultural complexities. The study compares complexity degrees assessed by AHP and FAHP methods. “Technological Complexity” scores highest in both methods, with FAHP reaching 7.46. “Goal Complexity” follows closely behind, with FAHP. “Cultural Complexity” ranks third, differing between methods, while “Organizational” and “Environmental Complexity” consistently score lower, with FAHP values slightly higher. These results show varying complexity levels across dimensions. Assessing and understanding such complexities were essential toward the completion of such megaprojects.Originality/valueThe contribution of this study is on providing the empirical evidential knowledge for the priority over construction complexities in a developing country (Kuwait) in the Middle East.

Defended a dissertation on the anti-terrorist policy of the Russian Empire in the second half of the 19th — early 20th centuries

The article is devoted to the analysis of the dissertation on the topic “Anti-terrorism policy of the Russian state in the second half of the 19th — early 20th centuries: historical and legal aspect”, presented by M.B. Kolotkov to the dissertation council D 212.123.02, created on the basis of the federal state budgetary educational institution of higher education education “Moscow State Law University named after O.E. Kutafin (MSAL)”, for the degree of Doctor of Law in specialty 12.00.01 — theory and history of law and state; history of doctrines about law and state. The author of the article, invited as an official opponent, gave a positive review. The dissertation was successfully defended on May 18, 2022.

The “Startup as a WRC” program is a driver for the development of youth entrepreneurship

The article shows the formation and identified the objectives of the program «Startup as a WRC». The experience of the Kutafin Moscow State Law University (MSAL) on the implementation of this project from the decision-making stage to the protection of the first works performed in the form of a startup project is presented. Taking into account the results of the full cycle of the «Startup as a WRC» program, the general principles of its implementation are formulated. Methodological and organizational proposals were made to improve the «Startup as a WRC» program.

Market Place Application Design PTN_BH UNP

Regulation Government No. 114 of 2021 concerning Agency College _ Law University Padang State (UNP), on November 25, 2021 already official changed status to college high PTN-BH so that UNP can increase quality education . Government give autonomy to on UNP for increase its income generating . Since status service general (BLU), UNP has start commercialize means and existing infrastructure _ for Public general while facility that no disturb activity academic like pool swimming , building meeting , hotel, laboratory even so through activity training (CaKep , Pekerti). Commercialization services at UNP are still using the conventional system . Weakness existing system _ now is no all UNP Income Generating recorded by system , party user often experience difficulty for place an order because not yet existence facility service one door good physique nor integrated system . _ Difficulty user for make an order that is experienced during this because number contact personal contact no can direct obtained . UNP can maximizing Income Generating and enhancement effectiveness service to user through take advantage of digital technology and already should has its own marketplace platform . Article this aim for give ideas and the idea of designing a market place for PTN_BH UNP.

Automation And Digitization Of Andhra University, Visakhapatnam College Libraries: A Study

In a digital era there is a tremendous growth of multimedia products and services, so there is need to manage them and disseminate in a wide variety of a formats. The purpose of this paper is to examine the present status of automation and digitization in Andhra University, Visakhapatnam Arts College, Science College, Law College and Engineering College libraries and the challenges they pose to effective information delivery. The library professional plays a vital role in management of digital library. The paper makes a more conscious effort on library automation and implementation of digitization policies.

The crime of cyberbullying and its relationship to addiction to social networking sites: A study at the law college Prince Mohammad Bin Fahd University

This study investigated the relationship between cyberbullying and social media addiction among law students at Prince Mohammed Bin Fahd University in the Eastern Province. This study centred on Prince Mohammad Bin Fahd University's student population, sought to decipher this connection, emphasizing anonymity, harassment, molestation, and violence. The research identified a pronounced correlation between cyberbullying and the outlined variables by utilizing a robust statistical framework—comprising t-tests, Mann-Whitney U tests, and ANOVA. Anonymity, though often lauded for protecting online privacy, was flagged as a potential enabler for such harmful behaviours. Gender-wise, the study revealed an intriguing uniformity in internet addiction patterns, with no significant variations manifesting between male and female students. Similarly, academic levels did not substantially influence addiction tendencies. These findings accentuate the nuanced digital landscape students navigate today, suggesting a pressing need for targeted interventions and educational campaigns. As cyberbullying and internet addiction become increasingly prevalent, understanding their interplay becomes crucial for fostering a safer online environment.

The Level of Social Media Communication Skills of the Faculty of Law Students at Prince Mohammad Bin Fahd University in view of Certain Variable

The current study aimed to identify the level of social communication skills among students of the Faculty of Law at Prince Mohammad Bin Fahd University, according to some variables. The study used the descriptive approach to achieve its objectives, and the scale (Al-Qarni: 2015) was applied to the study sample in a random manner consisting of (300) students, of whom (50) males and (250) females, and after processing the data, the study reached the following results: The degree of the level of social communication skills is medium if the arithmetic mean is (2.33), and that the most used skills are the symbolic communication skill, and the least is the skill of listening . The results also revealed that there were no statistically significant differences at the level of statistical significance (0.05) or less, according to the gender variable.
 The study reveals the presence of statistically significant differences at the level of statistical significance (0.05) or less in favor of the study sample who are in the first and second academic levels. There are statistically significant differences at the level of statistical significance (0.05) or less in favor of the study sample who are at the seventh and eighth levels of study.
 There are statistically significant differences at the level of statistical significance (0.01) or less in favor of the study sample who are in the first and second academic levels. The researcher concluded the study with a number of recommendations, the most important of which is urging those in charge of the matter in the College of Law to activate the psychological, social and academic counseling unit to pay attention to increasing the level of social communication skills for students of the College of Law due to the importance of their role in the future and the need for them to possess these skills through study curricula, university activities and training programs.

Business and human rights in Japan: Rights holders’ perspectives

Business and human rights in Japan: Rights holders’ perspectives Emi Sugawara, Osaka University of Economics and Law, examines business and human rights issues in Japan with a focus on the priority issues from rights holders’ perspectives. The United Nations Working Group on Business and Human Rights conducted a research visit to Japan from 24 July to 4 August. Japan was the eighteenth country to be visited by the working group under its mandate to disseminate, promote and implement the United Nations Guiding Principles on Business & Human Rights. The working group is also mandated to exchange and promote good practices and lessons learned from the implementation of the guiding principles and assess and make recommendations thereon. One purpose of the working group’s visit to Japan was to examine business and human rights issues in the country. During the visit, the working group travelled all over Japan to Tokyo, Osaka, Aichi, Hokkaido and Fukushima, and engaged with the government and business sectors, civil society and various rights holders.

The Study of Intellectual and Leadership Qualities in Their Relationship among Students

Introduction. The article presents the results of a study of the problem of the emotional intelligence and empathy of university students. An analysis of theoretical approaches to this problem in domestic and foreign psychology is carried out. The results of an empirical study conducted among students of the Faculty of Law of the Synergy University are described, during which the features of the relationship between their intellectual and leadership qualities are revealed. Statistically significant differences in the level of development of intellectual and leadership qualities were revealed. We have set the following tasks: 1) on the basis of a theoretical analysis of scientific literature, to reveal the essence of the concepts of “leadership” and “intelligence”; 2) to explore the intellectual and leadership qualities of students in their relationship. Materials and Methods: analysis of scientific literature; observation; psychodiagnostic methods (tests, conversation); experimental methods; mathematical and statistical methods (Spearman’s rank correlation method). Results. The results of the study related to the identification of the relationship between intellectual and leadership qualities among students are presented. Discussion and Conclusion. The relationship between the intellectual and leadership qualities of students was revealed.

Специфика среднего профессионального образования как этапа процесса профессионального самоопределения студента

The paper proposes a sociological approach to the analysis of the process of professional self-determination of students studying under secondary vocational education programs in colleges affiliated with a HEI. Profes-sional self-determination is considered as a prolonged process of professional self-actualization, self-realization and professional development as part of the entire educational and professional-labor “biography” of the subject. The article defines the main factors influencing the choice of applicants in favor of college edu-cation, presents the analysis of the results of sociological research of the process of professional self-determination of college students of Nizhny Novgorod Institute of Management – branch of Russian Presiden-tial Academy of National Economy and Public Administration and College of Economics and Law of Dzerzhin-sky branch of Russian Presidential Academy of National Economy and Public Administration. College enroll-ment reasons are highlighted, as well as groups of SPE students depending on their future plans for profes-sional self-actualization, self-actualization and professional development.

Canonical Jurisprudence in the Kingdom of Bohemia in the Middle Ages

During the High and Late Middle Ages, canon law played a crucial role. This study provides an overview of ecclesiastical legal scholarship in the Czech lands, i.e. in Bohemia (in the Archdiocese of Prague) and in Moravia (in the Diocese of Olomouc). The development of a legal jurisprudence went hand in hand with the development of ecclesiastical administration in the second half of the 14th century and in the early 15th century, which evolved into a compact system. An important factor in this was the establishment of Prague University, including the Law Faculty, in 1348, and also, in particular, the establishment of the separate Prague Law University in 1372. Amongst the major canonists who left work behind were Štěpán of Roudnice, Bohuslav of Krnov, Kuneš of Třebovle, Mikuláš Puchník, and Jan of Jesenice, amongst others.