Acta Universitatis Danubius. Juridica

THE ROLE OF GUARDIANSHIP IN INHERITANCE LAW: PROTECTING VULNERABLE HEIRS

Gabriel Florinel Ion, Andy Pusca — Fri, 06 Dec 2024 00:00:00 +0000

The article examines in depth the crucial role of the guardianship institution in succession law, with a particular focus on the protection of vulnerable heirs such as minors and persons with disabilities. In the first part, the definitions and historical evolution of guardianship are presented, together with analyzes of typologies, such as legal, voluntary and temporary guardianship. Also, there are the legal procedures required for the appointment of a guardian, emphasizing the essential criteria and his responsibilities. The chapter on the rights and obligations of the guardian includes aspects of the administration of the inherited property and the welfare of the heir. A particular focus is given to safeguards for vulnerable heirs, as well as specific challenges such as abuse of power, conflicts of interest and risks of negligence. The article also includes jurisprudential analysis, illustrating practical problems and solutions in guardianship enforcement. In conclusion, recommendations are made to make existing legislation and practices adapt to the special needs of vulnerable heirs and the current complexes in inheritance law.

POVERTY AND INEQUALITY: CONTEMPORARY ISSUES IN NIGERIAN FOURTH REPUBLIC

Adekunle Alaye — Fri, 06 Dec 2024 00:00:00 +0000

Abstract

Nigeria, Africa's most populous nation and a major oil producer is confronted with several challenges, including scarcity of valuable resources. Despite the abundance of natural resources and a potentially growing economy, the country struggles with entrenched poverty and stark socioeconomic inequalities. Previous studies have focused on poverty and socioeconomic challenges, little have been done on the reflection in the fourth republic. This study examined poverty and inequality in the fourth republic, with a view to underscoring the impact on socioeconomic development, determining the extent of evolvement over the years and investigate the factors contributing to poverty and inequality. Qualitative design was used. Data was collected using interviews with individuals and communities impacted by poverty and inequality. 20 respondents were purposively selected. Enzo Feletto’s Dependency and Karl Max’s Structural theory served as the theoretical framework. Income inequality, gender discrimination, and unequal access to political and legal system manifested as critical factors perpetuating poverty and restricting opportunities for marginalized groups. The causes of poverty and inequality were inadequate infrastructure, poor governance and corruption, which limited economic participation and productivity. Policies aimed at economic diversification, improving access to education and strengthening social safety nets should be used to combat poverty and inequality, to enhance socioeconomic development of Nigeria.

Distressed Hedge Funds in Secondary Sovereign Debt Markets of Emerging Economies

Olufemi Oluyeju, Maria Oluyeju — Fri, 06 Dec 2024 00:00:00 +0000

Abstract: The paper aims to interrogate the effects of distressed hedge funds (DHFs) investments on the liquidity in the secondary market for sovereign debt of emerging economies. DHFs, or vulture holdouts, as they are informally known, have gained significant prominence in recent national debt crises. The primary complaint against them is that they exploit cooperative creditors and sovereign debtors by purchasing distressed debt at reduced prices, choosing not to participate in debt restructuring processes, and pursuing litigation to recoup the total debt amount. However, writers and industry experts have argued that although the activities of the holdout creditors, especially the DHFs, could disrupt the orderly sovereign debt restructuring in the debt market, much more beyond that, they promote the deepening and liquidity of the market. Thus, in pursuit of profits, distressed asset investors unintentionally contribute to the market's good by fostering market liquidity and indirectly helping the bondholders, sovereign borrowers defaulted sovereigns, and the societies of the debtor nations and the nations where the sovereign debt market is situated. This study is essentially non-empirical; hence, the literature review is used as the methodological tool. Specifically, an integrative review is used because the literature serves as the data.

An extensive analysis of trafficking with human beings in Kosovo (2020-2023)

Greta Daci — Fri, 06 Dec 2024 00:00:00 +0000

The research analyses human trafficking networks in Kosovo from 2020 to 2023, focusing on the current challenges. The objective is to uncover the patterns of operation of traffickers and identify the patterns of vulnerability among victims. The research is of importance because human trafficking remains a significant challenge for Kosovo. The study builds on previous research into transnational organized crime and human trafficking in the Balkans. It compares the prior analysis of human trafficking. Expanding current research explores governance, socio-economic situation, and legal framework. Employing a mixed-method approach, analysing police annual reports, concluding interviews with law enforcement officials, statistical data, and analysis on recruiting patterns. The findings reveal the rise of human trafficking, extracted mainly by socio-economic challenges and weak institutional responses. The study suggests legal harmonization, improved cross-border information exchange, more comprehensive policies to address human trafficking in Kosovo, enhanced victim protection services, and advanced digital tools for investigation purposes. These insights have implications for criminal justice scholars and policy-makers focused on human rights. The paper provides a unique contribution by presenting recent empirical data on human trafficking and offering insights into the current situation, highlighting urgent areas of policy reform and making it a valuable resource for academics and policymakers.

OIL POLITICS AND GOVERNANCE: EMERGING SOCIO-ECONOMIC TRENDS IN NIGERIA`S FOURTH REPUBLIC

Adekunle Alaye — Fri, 06 Dec 2024 00:00:00 +0000

Abstract

In Nigeria, the relationship between oil and governance is a complex issue that needs close examination. Rather than serving as a driving force for fair growth, the country's enormous oil riches has contributed to ongoing socioeconomic inequality, corruption, and environmental damage. The mishandling of oil flows is the main component of this problem. Because of the resulting enthusiasm, the advantages of this recurring value are not sufficiently channeled to ensure the sustainability of development initiatives. The insidious influence of corruption within the oil sector is exacerbating the governance crisis, with bots, malfeasance and fraudulent activities deeply unleashed. Public confidence in government institutions is damaged as a result, which has a significant impact on the political and socioeconomic structures of the nation. The study aims to explore the deeper connections between the petroleum sector and Nigerian governance by identifying and critically analyzing the underlying causes of mismanagement, corruption, and environmental degradation. The research requires a thorough examination of the structural and systemic issues that contribute to corruption in the oil and gas industry in order to formulate robust anti-corruption strategies. It is imperative to reassess policies to ensure the responsible extraction and management of petroleum resources.

Thus, the study aimed to provide all-encompassing solutions that would eventually support evidence-based policy

Keywords: Oil, Governance, Mismanagement, Corruption, Fourth Republic.

Anti-Colonial Struggles and Decolonization: Strategies for Departure from Imperial Powers in Africa

Adekunle Alaye — Sat, 30 Nov 2024 00:00:00 +0000

This paper examines the multifaceted landscape of anti-colonial struggles and decolonization in Africa, focusing on the diverse strategies employed by African nations to achieve independence and sovereignty from imperial powers. Drawing upon historical analysis and contemporary scholarship, the study underscores the agency and resilience of African peoples in navigating the complexities of colonial domination and forging paths toward liberation. It explores a spectrum of strategies, ranging from armed resistance and political mobilization to diplomatic negotiations and grassroots movements, highlighting the interconnectedness of local, regional, and global dynamics in shaping the decolonization process. Through a comparative lens, the paper elucidates the nuanced approaches adopted by different African countries, considering factors such as colonial legacies, socio-economic conditions, and geopolitical pressures. Furthermore, it interrogates the enduring legacies of colonialism and the ongoing challenges of neocolonialism, emphasizing the imperative of continued solidarity and collective action in advancing the cause of African liberation. Ultimately, this research contributes to a deeper understanding of the complexities and trajectories of anti-colonial struggles in Africa, offering insights into the diverse strategies employed to confront and transcend the legacy of imperial domination.

Striking a Balance between the Execution of Sentence and Pardon Implementation in Nigeria: A Way Forward

Rita Abhavan Ngwoke, Tawakaltu Queen Oyinloye, Ugiomo Eruteya — Sat, 30 Nov 2024 00:00:00 +0000

This paper aims to find a middle ground between sentencing and pardoning as procedures within Nigeria’s criminal justice system to enhance justice. As a contribution to the growing body of work challenging the perceived and actual disparities and increasing public outrage over recent high-profile pardons, this paper examines the historical precedent for tension between sentencing and executive pardon. Through a doctrinal research methodology, this paper discusses the Nigerian legal regimes on sentencing and pardoning and their major inconsistencies and absence of clear guidelines. Key findings in this paper suggest that the absence of adequate and transparent procedures in the matters of sentencing and pardoning results in whimsical decisions that are capable of undermining the credibility of the judiciary. The implications of this study are important for both the judicial and executive authorities, promoting changes to practices of both sentencing and pardoning so that they are dispensed fairly and equitably. This paper adds new knowledge to the current discourse on the need to achieve an equilibrium that can preserve judicial independence while making room for executive interference where necessary in the Nigerian criminal justice system.

Terrorism and Human Trafficking: A Dark Alliance of Organized Crime

Vadim Soltan — Sat, 30 Nov 2024 00:00:00 +0000

This link between human trafficking and terrorist financing is part of a wider criminal ecosystem where terrorist organizations and trafficking networks collaborate to maximize their profits. Modern terrorist organizations such as ISIS, Boko Haram and Al-Shabaab have been able to exploit power vacuums, local conflicts and social discontent to expand their influence. They use brutal and effective tactics to spread terror and achieve their ideological and political goals. Analyzing them is essential for understanding the dynamics of contemporary terrorism and for formulating effective strategies to combat it.

Comparative Perspective on Customs Offences: Romania and the Republic of Moldova in the Legal and Customs context

Radu Mercus — Sat, 30 Nov 2024 00:00:00 +0000

This study comparatively analyzes the contraventions and customs offenses in Romania and the Republic of Moldova, in the legal and customs context specific to each country. In this sense, both the legislative differences and the similarities between the two states are highlighted. The research explores the historical developments of customs regulations, the constituent elements of customs contraventions and offences, and applicable sanctions. Finally, the paper aims to contribute to a deeper understanding of the customs criminal phenomenon and to provide a basis for reflection for improving legislation in the field.

The Effectiveness of Alternative Sanctions Through the Lens of the Punitive System

Andrei Pântea — Sat, 30 Nov 2024 00:00:00 +0000

This study explores the role and impact of alternative penalties within the criminal justice system. It starts by defining alternative sanctions, including community service, and other forms, while examining the significance of these measures in supporting the social reintegration of offenders, often in combination with supplementary punishments. The research in question highlights the advantages of alternative punishments compared to custodial punishment, highlighting statistics on recidivism and the costs associated with different types of sanctions, through the lens of whether or not law enforcement agencies apply a harsher or milder punishment on a case-by-case basis case, in accordance with the purpose of the criminal penalty. It also looks at the challenges and limitations encountered in implementing these measures, including insufficient financial resources and public perception. Through international case studies, the research illustrates successful models of alternative sentencing and suggests possible improvements for the national system. The conclusion emphasizes the need for a balanced approach between punitive sanctions and reintegration measures, as well as the importance of education and professional training in the field of criminal justice. Overall, the present study argues for a reconsideration of the role of alternative punishments in the punitive system, arguing that they can significantly contribute to reducing recidivism and facilitating the social reintegration of criminals.

The Legal Background and Status of Macedonia as a Non-Nuclear-Weapon State (NNWS) in International Relations

Stefani Stojchevska — Thu, 05 Dec 2024 00:00:00 +0000

The objective of this research paper is to analyze the legal background and status of Macedonia as a non-nuclear-weapon state in global nuclear-related affairs due to recent geopolitical fluctuations in arms control and disarmament. Prior work addressing this research topic is relatively scarce apart from loosely related government reports and academic papers. The research approach includes legal commentaries of Macedonia’s nuclear-related legislation and policy, as well as ratified international treaties. Results derived from this research imply that Macedonia must reinforce its position in nuclear politics and its potential use of nuclear energy, which should be of further interest to scholars and researchers working in this field of study. The value of this paper lies in its distinctive research topic for Macedonian academic literature being comprehensively analyzed to further reach international interests.

Legal Aspects of Inheritance in Multinational Families

Gabriel Florinel Ion — Fri, 06 Dec 2024 00:00:00 +0000

The article addresses the legal complexity of inheritance in the context of multinational families. It examines the legal framework, both nationally and internationally, and highlights the importance of conventions and treaties in this area to harmonize regulations. In the first instance, the challenges posed by conflicts of laws and principles of private international law are discussed, including difficulties related to the choice of applicable law and the recognition of judgments in various jurisdictions. Another central aspect of the paper is the analysis of specific regulations in the European Union, the United States and other regions, highlighting the differences and similarities between them. The rights of heirs, especially those from mixed marriages or civil partnerships, are dealt with in a detailed manner, outlining the legal protection they enjoy. The article explores relevant jurisprudence to illustrate the applicability of legal norms in concrete cases. The conclusions bring to the fore recommendations for improving the legislative framework and future research directions are proposed, in order to adapt the regulations to the increasingly complex realities of multinational families.