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Research Article
Assessing the Military Upholding of Constitution in Democracy to Promote National Food Security in Malawi
Vincent Thom Nundwe*,
Mavuto Tembo,
Chrispin Mphande,
Thokozani Andrew Chazema
,
Hope Ngilazi,
David Kumwenda
Issue:
Volume 8, Issue 1, March 2025
Pages:
1-8
Received:
4 December 2024
Accepted:
19 December 2024
Published:
7 January 2025
DOI:
10.11648/j.ijls.20250801.11
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Abstract: Discussion over social influence of military power to supporting development of agriculture and achieving food security world over is eminent. Nations sovereignty depends on human security dependent on Food security, hence military engagement to support food security efforts. This paper assesses military upholding of constitution in democracy to promote national food security in Malawi. Qualitative interviews purposely selected retired Army senior officers, Members of Parliament, District Agricultural Development officers, Police station Officers in-charge, Station Criminal Investigation Officers, Station Community Policing Coordinators, trade and industry official and business persons. Qualitative approach collected data using interview guide in Karonga and Chitipa Districts. Data analysis followed coding, codes into sub-themes and themes answering research questions. Through constructivism paradigm, concordance theory, results indicate Malawi Defence Force acted professionally by (1) upholding constitution by working together with other departments to consulting, coordinating and planning meetings with stakeholders to enforce supporting food security; planning meeting with internal security agencies to strategize supporting food security; got involved during distribution of Affordable Input Subsidy, crisis, controlling the banning of illegal exportation of some cash crops like tobacco. (2) Intervening with non-traditional combatant missions of mounts roadblocks; seal borders to control careless distribution and smuggling of national food produce to bar exporting insufficient yielded of various declared crops; confiscating chattels used for moving declared emergency crops contrary to policies; backs up police; National Parks and wild life and the Forestry department including ADMARC to enforce food security policies. (3) Military have positively influenced compliance to policies of food security with fruitful interventions, when they confiscated trucks/vehicles and crops they handed over to police and taken to court for disposal, arrested suspects were handed over to police for prosecutions rendering military intervention efficient and effective. While other scholars conclude the importance of military autonomy on involvement at farming programs for food production, escorting food to the needy through humanitarian missions and distribution of food for difficult to reach areas. Current study concludes, military autonomy is pivotal to upholding of Constitution which empowers military to use effective civil military relations skills with concerned stake holders to manage constitutional requirements as dictated by law. Constitution empowers Malawi Defence Force to intervene with necessary strategies to promote and manage food security nationally. Autonomous lawful public administrative institutions may contribute to sustainable food security.
Abstract: Discussion over social influence of military power to supporting development of agriculture and achieving food security world over is eminent. Nations sovereignty depends on human security dependent on Food security, hence military engagement to support food security efforts. This paper assesses military upholding of constitution in democracy to pr...
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Research Article
The United States Experience on Premarital and Nuptial Agreements as a Frame of Reference for a Reform of the Peruvian Civil Code
Yuri Vega Mere*
Issue:
Volume 8, Issue 1, March 2025
Pages:
9-18
Received:
7 November 2024
Accepted:
25 December 2024
Published:
16 January 2025
DOI:
10.11648/j.ijls.20250801.12
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Abstract: In Peru, despite the numerous reforms of family law that have modified the rules of the Civil Code or that have been given by means of laws that exist outside the walls of said Code, the legislator has preferred not to make any changes in the legal treatment of the regimes that regulate the economic relations between spouses, in spite of the change of convictions and customs in the society and, especially, without considering the spaces of greater freedom that the new generations are looking for. After 40 years of the Civil Code (1984), it is essential to rethink the rules that still exist and that respond to an outdated worldview about the way in which the new families organize their economic relations. Globalization, the permanent displacement of people to other countries, the achievements of women and the demand of the new generations to organize and plan, according to their own interests, the acquisition of assets and their distribution during and after the dissolution of marriage, demand a profound revision of the subject. The author, who has explored the U.S. experience of premarital and nuptial agreements on other occasions, persists in outlining new reasons to argue that there are principles and institutions of contract law that are compatible with family law and whose application, in his view, would not only be advisable in a society where people are less inclined to marry because of the rigidity of the legal treatment of marital property, but, above all, because the search for greater rooms to agree in advance and plan the economic regime for the acquisition of property and for the assumption of financial obligations of the spouses during and after marriage, is part of the process known as contractualization of family law. The essay is based on the American experience and the initiatives of the Uniform Law Commission and the American Law Institute to demonstrate the complementarity that can exist between the freedom of the parties to enter into marital or premarital agreements and ex post judicial control, which translates, for the author, into a possible modernization of family law through the application of contractual institutions and principles that should not be interpreted as a renunciation of the main principles of family law.
Abstract: In Peru, despite the numerous reforms of family law that have modified the rules of the Civil Code or that have been given by means of laws that exist outside the walls of said Code, the legislator has preferred not to make any changes in the legal treatment of the regimes that regulate the economic relations between spouses, in spite of the change...
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Research Article
Execution of Justice and Provision of Judicial Security in Afghanistan
Naqibullah Saqib*,
Barakatullah Tayeb,
Sayed Ahamd Fatimi
Issue:
Volume 8, Issue 1, March 2025
Pages:
19-24
Received:
26 November 2024
Accepted:
12 December 2024
Published:
24 January 2025
Abstract: Judicial integrity means that a person is immune from any aggression and threat to his life, property, honor, freedom, honor, prestige, job, housing, and in general all his legal and legitimate rights. It is realized when crimes and violations, fraud, and corruption and the causes of their perpetration in society are rooted out, the factors that cause financial, life, or mental damage to a person are completely eliminated, and a safe and calm environment is created so that a person can feel comfortable in it in every way. Main problem Upholding justice is a necessity and a fundamental issue in order to protect the rights of citizens. In order to ensure justice, it is necessary to provide judicial security. Importance of research. In order to maintain social and criminal justice, it is necessary to maintain the judicial security of judges because they always face problems in this field. This type of research has been conducted qualitatively with in-depth analysis. As a result, I can say that by conducting this research, if judicial security is provided, all-round justice will be provided in a good and orderly manner.
Abstract: Judicial integrity means that a person is immune from any aggression and threat to his life, property, honor, freedom, honor, prestige, job, housing, and in general all his legal and legitimate rights. It is realized when crimes and violations, fraud, and corruption and the causes of their perpetration in society are rooted out, the factors that ca...
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Research Article
The Impact of Legal Policies and Workplace Culture on Breastfeeding in the UK Health Sector
Issue:
Volume 8, Issue 1, March 2025
Pages:
25-36
Received:
17 December 2024
Accepted:
13 January 2025
Published:
24 January 2025
Abstract: The UK remains one of the countries with the lowest breastfeeding rates in the world despite the well-recognised benefits of breastfeeding. The National Health Service (NHS) provides guidance on how breastfeeding mothers should be supported in the workplace. However, the implementation of the guidance is not consistent across the sector, hence impacting on mothers’ ability to initiate or sustain breastfeeding. This study draws on data collected from 983 survey responses targeted at mothers working in the health sector. The study found that health sector employees are not well supported to breastfeed upon return to work. Only 36.3% of the participants (n=983) reported their workplace had a breastfeeding policy. Participants cited breastfeeding as a reason for staying longer on maternity leave because of lack of workplace support. This also affected mothers’ ability to benefit from shared parental leave, as it would require the mother to return to work early. This study highlights the barriers mothers in the health sector face with breastfeeding upon return to work while expected to continue fulfilling their duties, which includes promoting and supporting breastfeeding to other mothers and patients. The findings of this study expose the urgent need for the UK health sector to review its workplace policy to implement the guidance provided by the NHS to support breastfeeding employees returning to work. More broadly, the study exposes the extent of breastfeeding challenges in the UK and the need for a legislative reform to include breastfeeding in the national family friendly rights which will obligate employers to provide resources to support breastfeeding mothers in the workplace.
Abstract: The UK remains one of the countries with the lowest breastfeeding rates in the world despite the well-recognised benefits of breastfeeding. The National Health Service (NHS) provides guidance on how breastfeeding mothers should be supported in the workplace. However, the implementation of the guidance is not consistent across the sector, hence impa...
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Case Report
The Effectiveness of the Hague Convention on the Civil Aspects of International Child Abduction: A Study of the Case X vs. Latvia
Estefany Rocha Monteiro*
Issue:
Volume 8, Issue 1, March 2025
Pages:
37-44
Received:
27 December 2024
Accepted:
9 January 2025
Published:
7 February 2025
DOI:
10.11648/j.ijls.20250801.15
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Abstract: In a context of continuous migratory flows and global mobility, this article analyzes the effectiveness of the Hague Convention on the Civil Aspects of International Child Abduction (CHSIC) in resolving cases of international child abduction, focusing on the best interests of the child. Initially, it discusses the functioning of the Convention as a normative framework for the expeditious return of abducted children to their habitual residence countries, highlighting its innovations and main criticisms. Subsequently, it examines the jurisprudence of the European Court of Human Rights (ECtHR), particularly exemplified in the case Latvia. Through this case, it investigates how the Hague Convention influences the protection of children's rights and its effectiveness in ensuring the return of abducted children. This integrated analysis provides a deep understanding of the practical implementation of the Convention and its effectiveness in protecting children's individual rights. It is concluded that while the Hague Convention establishes a robust mechanism for resolving cross-border disputes, its application needs to be complemented by a detailed consideration of children's individual rights, as emphasized by the ECtHR. Thus, the effective integration of this legal instrument with documents such as the United Nations Convention on the Rights of the Child (UNCRC) not only strengthens international protection of minors but also promotes a legal environment that prioritizes the well-being and unique interests of each child involved in international abduction cases.
Abstract: In a context of continuous migratory flows and global mobility, this article analyzes the effectiveness of the Hague Convention on the Civil Aspects of International Child Abduction (CHSIC) in resolving cases of international child abduction, focusing on the best interests of the child. Initially, it discusses the functioning of the Convention as a...
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Research Article
The Impact of Ministerial Direction 110 on Australia's International Law Obligations
Jason Donnelly*
Issue:
Volume 8, Issue 1, March 2025
Pages:
45-54
Received:
6 January 2025
Accepted:
24 January 2025
Published:
20 February 2025
DOI:
10.11648/j.ijls.20250801.16
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Abstract: Ministerial Direction 110 (Direction 110), introduced under the Migration Act 1958 (Cth), is a pivotal policy document in Australia that provides guidance for visa refusal and cancellation of non-citizens under sections 501 and 501CA. Direction 110 prioritises the protection of the Australian community and other domestic concerns while relegating international law obligations—such as non-refoulement and human rights protections—to secondary considerations. This article critically examines the implications of this hierarchy of considerations, which reflects Australia’s prioritisation of national security and community safety over its international commitments. The analysis begins with an exploration of the framework established by Direction 110, highlighting its emphasis on domestic priorities, including community protection and expectations of the Australian public. It critiques the relegation of international obligations to a lower tier, arguing that this undermines Australia’s adherence to treaties like the Refugee Convention, the Convention Against Torture, and the International Covenant on Civil and Political Rights. Such an approach risks breaching fundamental principles of international law and diminishing Australia’s reputation as a global leader in human rights advocacy and the rules-based international order. The article further explores the practical and ethical consequences of Direction 110, noting its potential to create inconsistencies in decision-making and prolonged judicial reviews. These inconsistencies arise from subjective interpretations of the hierarchical framework, particularly in deportation cases involving non-citizens facing serious risks in their home countries. The article concludes by proposing reforms to Direction 110, recommending the elevation of international law obligations to primary considerations. Such changes would align Australia’s domestic policies with its international commitments, reduce legal conflicts, and restore its global reputation. By integrating international obligations more meaningfully into visa decisions, Australia can safeguard its national interests while upholding its longstanding commitment to human rights and international law, strengthening its role as a responsible global actor.
Abstract: Ministerial Direction 110 (Direction 110), introduced under the Migration Act 1958 (Cth), is a pivotal policy document in Australia that provides guidance for visa refusal and cancellation of non-citizens under sections 501 and 501CA. Direction 110 prioritises the protection of the Australian community and other domestic concerns while relegating i...
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