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BRICS Law Journal

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Vol 4, No 2 (2017)
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https://doi.org/10.21684/2412-2343-2017-4-2

ARTICLES

6-39 308
Abstract
This article identifies and evaluates strategies and policies for walrus management in both Chukotka and Alaska. As the climate and walrus migration continue to change, it is important to follow adaptable strategies that are not fixed to specific geographic areas. Many of the recommendations may be easier to accomplish in the United States, which offers more opportunities for co-management and stakeholder involvement. The United States government can implement most recommendations without making substantive changes to law. This was significant to most participants – hunters as well as regulators – who supported voluntary approaches over those requiring legal changes.
40-70 496
Abstract
Xenophobia, simply put, is the fear or hatred of foreigners or strangers; it is embodied in discriminatory attitudes and behaviors, and often culminates in violence, abuses of all types, and exhibition of hatred. Theoretically, the best and only solution is to remove enemy images; however, it is debatable whether this can be done. In the same breath, protecting migrants’ rights may be the best way to enhance state sovereignty in a globalized world. The protection of fundamental human rights and freedoms transcends municipal and international laws. However, it is the state’s responsibility to uphold human rights through its laws and enforcement. This work examines the constitutional rights of non-citizens in South Africa within the context of its immigration law and xenophobia. The motives of xenophobia are considered. It will be argued that foreign nationals are particularly vulnerable to the restriction of their access to justice as the immigration laws and policies have not adequately guaranteed foreigners certain inalienable rights. The states uncoordinated attitude towards xenophobic attacks raises doubt as to whether there can be compliance with the sacred constitutional obligation to protect and preserve lives of all people within the country. For on the one hand the law claims to protect non-citizens while on the other, no prosecution has been made against anyone involved in xenophobic attack. The failures of the state will be observed and necessary suggestions will be proffered by this work to aid policy makers.
71-94 1759
Abstract
The constitutions and courts both in India and in Pakistan have shown their aspirations and fundamental faith in the federal structure but in practice there is a strong centripetal bias in each of their constitutional-political structures. This bias becomes more evident when the constitution sanctions power to the centre to proclaim emergency situations in the provinces on the basis of Constitutional Machinery Failure. Emerging from their colonial roots, the constitutions of India and Pakistan contain an identical provision on Constitutional Machinery Failure Emergency which has been misused and abused regularly and has been the biggest question mark on federal claims of the two States. This unique system of Constitutional Machinery Failure Emergency has also gone through a number of radical changes in India and Pakistan, which often have been influenced by each other. The article specifies the socio-political-constitutional background of Constitutional Machinery Failure resulting in Provincial Emergency, both in India and in Pakistan, their respective use and abuse by the Executive, legislative attempts to amend and control such power, and judicial response, with similarities and differences in respect of justifiability of such Emergency Proclamations.
95-134 393
Abstract
Due to the fluctuating nature of the Customary International Law, emerging customs have had good potential to appear in several forms during the past decade. In other words, there are various legal mechanisms indicating the genesis of CIL. One of these forms is the internationally known unilateral act of State which can be potentially recognized as a customary rule. The best example of a unilateral act of State would be Truman Proclamation which was transformed into a customary international rule concerning law of seas. With regards to the same legal framework and acts like Truman Proclamation, this research tries to answer the question that how the sui generis of fatwa in a custom-construction process concerning international law of WMD and through the modernized methodology can contribute. Illustrating the superiority of fatwa over the sui generis treaties on one hand and restricting mechanisms like NPT on the other, it can be indicated that the first steps concerning the genesis of a new customary approach in the field of international law of WMD has been derived from nuclear fatwa.

COMMENTS

135-155 812
Abstract
It is well known that the modern day technologies that drive our global society are highly dependent on the use of outer space. For example, daily activities such as sending emails, making phone calls and carrying out bank transactions cannot be done unless satellite technologies are involved. When you catch a plane, the air traffic control is dependent on GPS. Even natural disaster management is dependent on satellite imaging. Taking into account the importance of this, it becomes increasingly necessary to be knowledgeable in the field of international law as it is the only sphere of law that reaches beyond the physical boundaries of the Earth, goes deep into space and provides protection for today’s society. With new steps being taken to exploit further the potentials of outer space, and with increasing talk of new space missions and new discoveries, current international space law is being placed under scrutiny, for it should be remembered that the major international legal documents in this field were adopted in the middle of the 20th century, and thus there are fears that the law may have become obsolete, irrelevant in the face of new challenges in the use of outer space. This paper delivers an analysis of existing international space law and attempts to raise several crucial issues pertinent in the area.

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ISSN 2409-9058 (Print)
ISSN 2412-2343 (Online)