Journal of Law, Society and Authority

Palestine's United Nations Membership and Overcoming the American Veto

2025-02-28T16:31:46+00:00

The issue of membership in the United Nations, which requires a recommendation from the Security Council followed by a decision from the General Assembly, continues to raise numerous legal and political questions due to the use of the veto to obstruct any enrollment, as evidenced by the Palestinian experience on two significant occasions in 2011 and 2024. This study aims to provide recommendations on the legal and procedural avenues through which Palestine can achieve full membership in the United Nations. To this end, our methodology relied on a review of the existing literature using the Systematic Literature Review (SLR) method, which addressed the matter of Palestine's participation in the United Nations, encompassing 51 research papers from the Google Scholar and Scopus databases.

After examining the existing literature, it became evident that these studies addressed the issue of Palestine's affiliation in the United Nations by focusing on the veto power in the Security Council, without expanding the research to explore other legal matters or procedures. This has led our research to concentrate on the ambiguity surrounding the legal basis on which the subject of enrollment is categorized as subject to the veto. The research recommends that the General Assembly should submit a request to the International Court of Justice to classify issues related to membership in the United Nations as procedural matters rather than substantive ones.

Modernité et subjectivité : sur la contribution éthico-normative des droits sociaux à la liberté subjective

2025-02-28T16:37:29+00:00

Face à la crise des systèmes européens de sécurité sociale et à la subordination progressive des droits sociaux aux exigences du marché concurrentiel, l'essai, mobilisant la méthodologie honnethienne de la reconstruction normative, propose de reconstruire le contenu éthico-normatif des droits sociaux et la contribution spécifique de ce contenu au projet de la modernité européenne d'émancipation et de construction des libertés du sujet. Cette reconstruction apparaît particulièrement pertinente aujourd'hui pour la définition du cadre conceptuel à partir duquel élaborer des réformes sociales capables de préserver et de réactualiser ce contenu dans le contexte des défis actuels.

Elle obtient comme résultats clés : la nécessité de penser la liberté et l’autonomie subjectives comme ‘rapport social’ ; la nécessité de particulariser le droit social en fonction des conditions concrètes de vie des individus ; la nécessité d'y intégrer une fonction ‘capacitante’ de promotion sociale des individus dans les domaines décisifs pour leur réalisation personnelle ; la nécessité de réaffirmer l'inconditionnalité des droits sociaux face à leur progressive fragilisation. Ces points conceptuels apparaissent dans ces analyses comme des points incontournables pour poursuivre le projet de la modernité européenne, qui a comme composante fondamentale la responsabilité commune de garantir des conditions substantielles d'égalité et la liberté concrète, située, positive de déterminer son propre projet existentiel.

Les revendications de la minorité anglophone au Cameroun : entre paradiplomatie et protodiplomatie

2025-02-28T16:42:54+00:00

La question anglophone au Cameroun remonte à la période coloniale lorsque le territoire sous protectorat Allemand a été partagé entre la France et le Royaume-Uni. Ce partage qui va générer au sein des populations de chaque territoire une culture différente va engendrer au lendemain de la réunification des deux Cameroun un mécontentement des anglophones qui vont dès lors commencer à dénoncer leur situation considérée comme marginale. C’est ainsi qu’ils vont exprimer leur besoin de redevenir un territoire autonome.

Cet article vise à analyser l’activité internationale et étrangère de la minorité anglophone dans le cadre de ses revendications autonomistes. Pour ce faire, une étude qualitative à travers des entretiens semi-directifs auprès des anglophones et de la Commission nationale du bilinguisme, associée à une analyse documentaire des travaux sur la paradiplomatie, la protodiplamatie, la question anglophonenous permettra de mieux cerner les enjeux à l’œuvre. Il apparait donc que le recours à la paradiplomatie et à la protodiplomatie a pour objectif majeur l’autonomisation du Southern Cameroon. Cet objectif reste pour le moins inaccessible. D’abord parce que les acteurs internationaux notamment la Grande-Bretagne, les Nationsunies reconnaissent la conformité du plébiscite de 1961 et ensuite parce que les États sont retissant sur les questions relatives à la fragmentation des États.

Algeria’s Relationship with the European Union in Light of the Euro-Mediterranean Partnership

2025-02-28T16:47:00+00:00

Relations between Algeria and the European Union (EU) are structured around the Association Agreement (AA) signed in 2002 within the framework of the Euro-Mediterranean Partnership and which officially entered into force in 2005. This agreement builds upon a long history of economic and political exchanges between Algeria and Europe. Since gaining independence, Algeria, as a gateway to Africa, benefited from extensive customs preferences within the European Economic Community (EEC) until the early 1970s. However, by 1972, some European member states, particularly Italy, sought to limit such preferential treatment for Algerian agricultural goods. This shift prompted Algeria to initiate negotiations with the European Community under the framework of the EEC’s Global Mediterranean Policy, leading to a new cooperation agreement supported by financial protocols, which were renewed every five years.

This article seeks to analyze the 2005 Association Agreement by examining its political, economic, and trade dimensions, as well as its implications for technical and financial cooperation and humanitarian aid. It explores the extent to which the agreement has shaped Algeria-EU relations and assesses whether it has fulfilled its intended objectives. By evaluating the key provisions and their impact, this study provides insight into the evolving nature of Algeria's partnership with the European Union and the broader dynamics of Euro-Mediterranean cooperation.

Cyberbullying: A Special Threat to a Child’s Presence in the Digital Environment

2025-02-28T16:51:39+00:00

The issue of bullying is undergoing radical changes due to the growth of modern technology, where this unethical behavior has taken on a digital form, now known as cyberbullying on social media and similar platforms. It has manifested in various electronic forms, relying on digital media, amidst legal gaps and loopholes, leaving severe psychological impacts on the future of youth.

The study of cyberbullying aims to understand the characteristics of this phenomenon and the extent of its growth concerning children. It analyzes its reality from a legal standpoint and the psychological effects that often result in disorders and crises for this segment of society, significantly affecting their security and peace in the near future. Thus, it seeks to propose solutions to avoid and prevent such unethical issues and crimes.

This topic is addressed from a comprehensive perspective that examines the specificity of this phenomenon and its reality concerning children, and how it can be confronted from both social and legal viewpoints, particularly regarding the Algerian legal system.

This research paper emphasizes the necessity of understanding this phenomenon and its forms to prevent it in the near future, providing accurate information about cyberbullying to support various legal and preventive approaches to protect children.

The study employs a rigorous scientific research methodology that integrates descriptive, analytical, and inferential approaches to highlight the specificity and reality of cyberbullying, within a dual plan that elaborates on this scientific discourse.

One of the main findings is that cyberbullying is relatively new to the Algerian legal system, requiring rapid intervention through comprehensive legal and social measures aimed at precisely defining it and regulating children’s behavior in the digital environment. This advocates for the explicit criminalization of cyberbullying in the Algerian Penal Code and enhancing educational awareness in elementary schools.

Images and Manifestations of Electronic Fraud on Persons and Funds through Digital Data

2025-02-28T16:55:40+00:00

Fraud in the digital environment is considered one of the most dangerous types of digital corruption. This new phenomenon has allowed its perpetrators to enter homes and offices, cross borders, and reach victims with great ease, especially with the spread of the Internet as an important means of providing financial and banking services. Meanwhile, electronic fraudsters invent new methods daily to deceive their victims and ensnare them. At a time when Internet hackers and professional electronic fraudsters work around the clock to innovate new methods and find vulnerabilities through which they can carry out their tasks, information security companies, along with banks and financial and banking institutions, have created specialized technical departments to protect customers and secure their financial transactions over the Internet.

On a daily basis, bankers and computer experts discover many methods used in fraud operations, including those related to email messages and others related to daily conversations conducted by users and other types of communication.

Thus, electronic fraud is considered one of the most important and dangerous forms of digital corruption that various international and national efforts have sought to combat. The aim of this study is to shed light on the various forms of electronic fraud.

Cybercrime Against Children

2025-02-28T16:59:56+00:00

One of the most alarming consequences of the information and communication revolution is the emergence of cybercrime, which has become a contemporary social phenomenon that has attracted a lot of attention from all groups, as it differs greatly from traditional crimes, both in terms of the way they are committed and in terms of the nature of their perpetrators, who are often characterized by experience and skill.

However, this crime becomes particularly concerning when it targets the most vulnerable members of society: children, who are exploited because of their young age, easy access to the Internet, and frequent use of social networking sites, so they are seduced, deceived, sexually harassed, as well as bullied, in addition to endangering their lives through some electronic games or by inciting them to murder and suicide.

Accordingly, this study aims to explore cybercrimes in general, with a specific focus on those targeting children, in addition to identifying the various types of these crimes that may threaten the life and safety of the child, whether physical, psychological or even sexual, in addition to exposure to legal mechanisms to protect children from them, whether internationally or nationally.

Several results have been reached, the most important of which is the seriousness of electronic crimes against children because of their threat to their lives and physical and psychological safety, in addition to a significant increase in these crimes due to the significant expansion in the use of technology by children and adolescents, which makes them easy prey.

Therefore, it is necessary to update local and international laws to be more comprehensive and stricter in punishing the perpetrators of these crimes, with the need for cooperation between countries to exchange information and experiences on best practices to combat various forms of cybercrime.

Combating The Crime of Illicit Speculation in Accordance with The Provisions of Law no 21-15

2025-02-28T17:03:44+00:00

The crime of Illicit speculation is one of the serious offenses that threaten the economy of Algeria and affect the interests of consumers, who are unable to purchase their needs in accordance with their purchasing power, due to price manipulation and the storage of goods and commodities, in order to create disturbances within the markets, by traders who aim to achieve profits.

Faced with the inadequacy of the provisions of the Penal Code in confronting this crime when the Algerian legislator regulated the crime of Illicit speculation under the provisions of the Penal Code through articles 172,173,174 of Law No. 90-15amended and supplemented by Ordinance No. 156-66he offence of illicit speculation crime Any person who, directly or through an intermediary, artificially raises or reduces the price of goods, goods or paperwork public or private securities.

In this study we concentrated the position of the Algerian legislator to Combat the crime of Illicit speculation and implementing deterrent penalties; he introduced Law N° 21-15 concerning the fight against Illicit speculation, imposing custodial penalties and financial sanctions, with the aim of deterring traders from committing it, while taking all necessary measures to mitigate the effects of this crime and ensure the necessary protection for consumer.

The most important result in this study Criminalized behaviors under Law No. 21-15 on combating illicit speculation overlap with offenses stipulated in other laws, so we propose to reconsider the formulation of the legal provisions in Law No. 21-15 on combating illicit speculation.

Principles for Concluding Public Utility Delegation Agreements as a Governance Benchmark

2025-02-28T17:08:32+00:00

Public utility delegation embodies a relatively contemporary methodology in the administration and stewardship of public utilities. This process involves a public law entity (the delegating authority) relinquishing the management of a public utility to another entity under public or private law (the delegatee), pursuant to a fixed-term agreement aimed at advancing development and enhancing the public good.

As such agreements are classified under administrative contracts, which in turn contribute to the state's revenue streams, the ensuing funds are deemed public monies. Therefore, safeguarding these funds from all forms of corruption and mismanagement is imperative. This necessitates the enactment of a robust legal regime that epitomizes transparency and integrity in the formulation of these contracts.

The contracting phase is notably vulnerable to corruption due to the heightened competition among bidders. In response, the Algerian legislature has constrained the administrative authority's discretion in selecting its contractual partners and compelled adherence to established procedures for public utility delegation agreements founded on specific principles. These principles, delineated under Article 209 of Presidential Decree No. 15-247, which governs public procurement and public utility delegation, along with Article 3 of Executive Decree No. 18-199 concerning public utility delegation, include unrestricted access to public tenders, equitable treatment of all candidates, and transparent procedural processes. These fundamental tenets are not merely procedural stipulations but are rather a concrete manifestation and reinforcement of overarching governance and prudent administrative practices.

Ambiguïté Conceptuelle du Développement Durable

2025-02-28T17:13:23+00:00

Quoique nouvelle, l’idée d’un développement durable est devenue aujourd’hui un référentiel politique, administratif et entrepreneurial. Sa principale caractéristique est la pluralité des interprétations et la multiplicité des approches. Le développement durable est né avec une ambiguïté et il n’existe pas de définition claire et précise de la notion, ni un cadre théorique universel. Particulièrement équivoque, ce concept né comme notion politique, ne cesse de susciter des interrogations sur son sens, mais surtout sur son éventuelle mise en œuvre. Il n'existe toujours pas de définition convenue du développement durable, car il s'agit d'un concept émergent qui tente de saisir la dynamique du processus de changement. De même, il est composé de deux termes contradictoires (développement et durabilité). En conséquence, ce texte vise à tenter d’apporter quelques clarifications sur le concept, par un retour historique documenté sur son apparition et par la présentation des controverses et critiques qu’il a suscitées et les obstacles entravant son application. La recherche est essentiellement documentaire, les informations compilées sont tirées de sites internet et d’ouvrages sur la question. Les résultats auxquels nous sommes parvenus est que l’existence diversifiée des acteurs conduit à la multiplication des interprétations et des approches du développement avec une appropriation différenciée, de même, son origine institutionnelle n’a pas permis de préciser ses contours scientifiques. Nous rejoignons la suggestion d’autres chercheurs, celle de la pluridisciplinarité de la recherche.

Artificial Intelligence and The Right to Privacy Through Social Medea Sites from An International Perspective

2025-02-28T17:21:19+00:00

Humanity is facing a huge changes as a result of the information developments revolution, and artificial intelligence represents the highest state of change, enabling its user to access any information in an easy way, In parallel with this, social media is being used to a large extent, What made it a good space for exercising freedom of opinion and expression is frightening in terms of the speed or content of the point of view presented to others, What makes the right to freedom of opinion and expression according to social media constitute a variable that is affected and affected at the same time, due to the widespread use of these media on the one hand, and the different areas of their use without being restricted by rules or foundations that are respected when relying on the development and speed granted by artificial intelligence in the field, social media, What makes the misuse of artificial intelligence for the purpose of communicating or sharing information may amount to a violation of many human rights, including the right to privacy, which prompts care to direct the use of social networking sites in a way that avoids making human rights especially the right.

In privacy the subject of a digital violation, which prompted the necessity of researching the issue of artificial intelligence and the resulting violations that affect the most important human right, which is the right to privacy, which has become easily accessible due to the remnants of negative use of social media sites, This necessitated the need for various countries, especially those that encourage the use of artificial intelligence at various levels, to take various proactive protection measures and mechanisms due to the widespread use of artificial intelligence, especially social media, which has become used by various segments of society, which poses a serious threat to people’s private lives.

The Impact of Cybersecurity and Administrative Regulation on Rights and Freedoms in the Digital Age

2025-02-28T17:29:44+00:00

While the concept of public rights and freedoms has evolved with its multiple generations, the environments that embrace the practice of those rights and freedoms have multiplied in return, the latest of which is the digital environment that has embraced the practice of the fifth generation of digital rights and freedoms, so that countries find themselves required to control their speeds and keep pace with this acceleration in the practice of rights and freedoms, which is the subject of our study through which we aim to define these rights and how to protect their practice, which received support for their infrastructure and development for the first time by the United Nations in 2016 in Geneva, Switzerland, through the meeting of the World Council for Human Rights, through the conference on human rights where this international organization called on various countries to provide and make the digital environment available by expanding the infrastructure in this field, for all citizens in order to exercise their digital rights.

So, to what extent have these countries succeeded, represented by the administrative control authorities that have also become electronic through remote monitoring, electronic inspection and licensing, and even the prevention of electronic publishing and the closure of sites or the disruption of social media, to work on achieving the difficult equation in order to allow the practice of those rights and freedoms on the one hand. And maintaining public order and protecting the state's cyber security on the other hand?

Activating the Legal Framework for Electronic Signatures to Establish a Digital Economy in Algeria

2025-03-01T10:03:36+00:00

Algeria has kept pace with global technological developments regarding electronic signatures and has enacted a legal framework to regulate them, starting with the amendment of the Civil Code in 2005, followed by Law No. 15/04, which covers the general rules related to electronic signatures and certification, along with several regulatory decrees. However, this system is not without flaws, which were studied in this paper. We analyzed and evaluated the current legal framework for electronic signatures in Algeria from both theoretical and practical perspectives, highlighting the shortcomings that hinder its effective implementation. The study proposes amendments to enhance the legislation and ensure its integration into the digital economy.

Several legal texts were reviewed and analyzed for compliance with international standards, and their practical application was discussed based on international models. The study concluded that while significant legislative progress has been made, there are still gaps, including the ambiguity of certain legal terms and insufficient technical and legal guarantees needed to build trust in electronic signatures. In conclusion, the study confirmed that addressing these shortcomings requires legislative amendments to close current gaps and keep pace with technological developments, while enhancing coordination between technical and legal frameworks to ensure real implementation, contributing to the establishment of an effective digital economy in Algeria. The paper recommends activating certain legal provisions related to digital security guarantees and electronic certification methods, and issuing new legislation that considers future developments in the digital economy.

The Exploitation of Renewable Energy: An Economic and Environmental Necessity

2025-03-01T10:14:56+00:00

Algeria seeks to achieve its energy security by enhancing the exploitation of renewable energy as a strategic alternative to fossil fuels, in addition to being a clean and environmentally friendly source. Recognizing the critical importance of renewable energy, the country has adopted policies aimed at promoting and developing this sector, given its significant economic and environmental benefits. To this end, Algeria has enacted a set of laws and regulations that establish a legal framework for the optimal utilization of renewable energy, ensuring maximum benefits within the framework of sustainable development policies.

Sustainable development is one of Algeria's key objectives in investing in renewable energy. This approach is based on harnessing available natural resources to produce clean energy, which contributes to reducing environmental degradation and decreasing reliance on non-renewable resources. Furthermore, this strategy reflects Algeria’s commitment to keeping pace with technological advancements in energy production, with the goal of enhancing energy efficiency and securing future energy needs. Additionally, the transition to renewable energy presents an opportunity to stimulate economic growth by creating new investment opportunities, diversifying national income sources, and strengthening Algeria's economic competitiveness both regionally and internationally. This necessitates the adoption of effective strategies to ensure a successful energy transition and achieve sustainability across various key sectors.

Governance to achieve the Millennium Sustainable Development Goals: A reading of dimensions and indicators

2025-03-01T10:25:06+00:00

This paper seeks to discuss the extent to which effective governance arrangements affect the achievement of the 17 Sustainable Development Goals (SDGs), which were agreed upon by the United Nations Member States and included in the 2030 Agenda for Sustainable Development. Although it is not clear which governance patterns and aspects are important for any of the 17 goals, global SDG indicators were used to understand the impact of different aspects of governance, namely participation, policy coherence, reflexivity, adaptability, and democratic institutions, on the achievement of the SDGs. The paper aims to discuss how democratic institutions and participation, as well as economic strength, education, and geographic location, explain the achievement of the SDGs.