Law and Legal Studies

  • PROTECTING THE HOST COUNTRY’S ENVIRONMENT: AN EMPHASIS ON HOME STATE REGULATION IN INTERNATIONAL INVESTMENT

    The awakening of civic consciousness of social rights requires investors not only have to obtain the “administrative license” from the host countries, but also need the “social license” from the local citizens when investing abroad. Although ICSID has made a series of decisions in favor of the host countries in investment disputes referring to environmental protection after the year of 2000, a tendency emphasizing the rights of investors has not changed substantially. In international investments involving environmental protection, the responsibility of the home country is either absent or exists in a form of soft law, thus cannot play a effective role. Emphasis on the responsibility of the home country has a vital meaning on balancing the rights and interests among all the parties.

  • Intellectual Property Rights in Nigeria: Issues and Challenges

    This study is on issues and Challenges facing intellectual Property right in Nigeria. Although intellectual Property right laws exist in Nigeria, it is observable that the enforcement of this aspect of law is not taken seriously compared to that of real property. This problem has caused a decrease in the economic value of the productive sector, especially the creative industry, in Nigeria, and a corresponding decrease in our Gross Domestic Product (GDP). In view of this problem, the study aims at investigating the issues and challenges affecting intellectual property right in Nigeria, with a view to enlightening the public on the availability and role of intellectual property laws in our Jurisdiction and to proffer solutions on how to achieve more effective enforcement. The study employs a qualitative research approach, while information was sourced primarily through oral source mainly interviews with learned Jurists and practitioners in the creative industry. Secondary sources of information used comprise written sources which include decided cases, Books, Journals, Newspapers and dissertations/project. The study revealed that if intellectual properties are properly protected and the applicable laws enforced, Nigeria will witness a phenomenal rise in the economic value of most productive sector in Nigeria and a corresponding increase in Gross Domestic Product. The study will recommend among others, to improve on legal education in Nigeria by generating best practices and approaches that can be employed to redesign legal education to make it responsive to contemporary realities and needs of the society.

  • Serial Killers – Views on Why Sadipaths Kill, the Death Penalty, and Rehabilitation

    Serial killers are among the most brutal, callous, and coldhearted criminal offenders. This is particularly true for sadipathic killers, that have no remorse for their acts and no empathy for their victims. This study analyzed statistical data collected from 220 people willing to share their thoughts and beliefs about serial murderers, why they repeatedly kill, whether they can be effectively treated and rehabilitated, and whether or not they should receive the death penalty. The findings revealed that most respondents believe that serial murder is connected to mental illness (82%), childhood abuse (81%), sadistic personality (75%), and anger (69%). The majority of respondents do not believe that serial killers can be treated or rehabilitated (79%). The majority of the participants also stated that serial killers should receive the death penalty (62%). Almost 8 out 10 respondents believe that serial murder is associated with a sadistic personality. Respondents 40 years of age and older (90%) were palpably more likely to believe that serial killers should receive the death penalty. With the exception of multiracial respondents, all ethnic groups leaned in the direction that serial killers should receive the death penalty. This study brings forth additional findings and insights into serial murder and sadipathy that may be of value to professionals working across academic, mental health, and legal settings.

  • Space debris mitigation: roles and limitation of soft laws

    For nearly fifty-nine years, State Governments and private actors have objects in orbit around Earth and other celestial bodies. The leftovers of dilapidated satellites, rockets, non functioning satellites and the junks ensuing from their collisions and explosions form a considerable portion of the debris in space. These non-functioning objects in actual fact threaten the space environment by their mere presence. Space junks on orbit around the earth poses the most severe modern risk to the use of space. For the long term sustainability and the continuous usages of the Outer space by State Governments and private actors, mitigation of debris in Outer Space is very essential. There are so many Guidelines that have been suggested to help in mitigating debris in space by major space faring countries, policy makers , United Nations and some space agencies to mention a few. These Guidelines and Code of Conducts are regarded as soft laws and they are expected to regulate the activities of humankind in the uses of Outer space. This paper will crucially analyse the various guidelines proposed for space debris mitigation. This paper is not an attempt to discuss every facet of the mitigation guidelines. It will rather look at the overview of the soft laws, its roles and some of the limitations of soft laws and projects the way forward.

  • The integrality of the National Policy of Integral Attention to the Health of Man

    The National Policy of Integral Attention to Human Health aims to facilitate and expand the access with quality of the male population to the actions and services of integral health care in the Unified Health System. The objective of this study is to analyze the aspects that lead To the integrality of the National Policy of Integral Attention to the Health of Man. For its accomplishment, the research was divided in two moments. The first to read the official documents of the Ministry of Health about the policy and the second to consult the scientific articles on it. It was observed that the National Policy for Integral Attention to Human Health was not implemented in the practice of care and that its principles and guidelines are used in a timely manner.

  • Evaluation of Access and Quality in Primary Care in João Pessoa

    Introduction: The National Program for the Improvement of Access and Quality in Primary Care is a component of the National Primary Care Policy, within the Unified Health System, which is based on the improvement of the assistance in Primary Care. The third phase of the Program is the moment of the External Evaluation, which is based on the gathering of information to analyze the conditions of access and quality of primary care teams.. Objective: Analyze data from the External Evaluation of Basic Health Units proposed by National Program for Improving Access and Quality in Primary Care in João Pessoa. Methodology: The present study has a quantitative nature and it is characterized as a descriptive and documentary research. It was conducted in March 2016, by means of collect and analysis of the Ministry of Health´s database, freely available on its website. Results: With regard to item ‘operation’ of health basic unit it was observed that all the UBS function doing service only in the morning and afternoon, five days a week. On the second item “UBS evaluation”, were assessed: physical structure and ambience health unit, unit adaptations for the disabled and elderly, equipment and drugs, which showed values below the expected. Conclusion: The data presented reveal that, although there has been progress, the Units are still unprepared to provide a universal, equal and equitable assistance, as advocated in the principles of the Unified Health System.

  • Applied attention to the monoparental family

    Introduction: The Family Health Strategy (ESF), is a model that promotes an organization of health actions with a high degree of decentralization and capillarity, at assigned territory with no intention to face and solve many problems identified. Objective: To carry out home visits with the aim of developing communication skills as well as interfacing theory and practice. Methodology: This is a descriptive study of the Experiment Report type carried out by the students of the second period of the Medical Graduation Course of the Medical School of Paraíba, during the Horizontal Module of Health Care II in September 2016 in a USF of the municipality of João Pessoa-PB. Results: This study indicated a similar level of happiness among the different urbanization areas of the city, with more people happier in the outlying districts of the city, rather than in the central neighborhoods. Conclusion: The home visit is a potential tool for the ESF teams, it can be used as a prevention or even generate hypotheses that explain possible problems and difficulties present in a given family group, considering that at any moment there may be maladjustments leading to family crises.

  • Teddys hospital: action by an educational multiprofissional team

    Introduction: The “Teddy Bear-Ursinho Hospital” campaign is an educational action that provides the children’s contact with the reality of the work of health professionals, with the intention of showing them that the hospital is an environment of care and welcome without need to be afraid. Objectives: To provide children with a more pleasant hospital environment with a differentiated professional-patient relationship. Methodology: The Bear Teddy Bear Hospital (TBHU) was made in the campaign format, with the Citizen Municipal School Herbert de Souza in the premises of the Higher School of Physical Education (ESEF) of the University of Pernambuco, the chosen place to carry out the action. Results and Discussion: The project was divided in two moments, with the initial process of involvement and preparation of the volunteers, carried out a campaign among university scholars to receive donations of plush. The second moment was the direct interaction with the children in a playful way, showing them the need and importance of the treatment in the hospital context. Conclusion: The campaign sought, in a relaxed and playful way, to reduce the insecurities of the children participating in the trip to the hospital, so often feared. In addition, it brought the particularities of the infant universe in relation to diseases and health care.