This paper qualitatively analyzes the connotation of woodland welfare and the changes of woodland welfare that may be caused by the transfer of the right to use, and interprets the welfare improvement caused by the transfer of the right to use of woodland in the ideal state by using the relevant theories and models of microeconomics. Based on the prospect theory and psychological account theory of behavioral economics, this paper analyzes the reasons why the transfer of forestland use right has not been carried out on a large scale in China.
A state of emergency allows authorities to exercise special powers, including the temporary suspension of regular legal provisions and human rights standards. This scenario engenders a conflict between extraordinary powers and the foundational principles of the rule of law. This paper investigates one of the most contentious legal dilemmas concerning emergency powers: whether these powers must be exercised within the bounds of legal constraints. This paper also explores whether ordinary principles of legality apply in situations involving emergency powers. This study aims to examine how this tension is approached from different perspectives. It focuses on discussing the challenges for the rule of law in the state of emergency. It also studies Vietnam’s approach to addressing these challenges during the COVID-19 pandemic.
The article undertakes an exploration into the rather unexpected progressiveness exhibited by courts across the globe in bestowing protection upon LGBTQ rights. A three-pronged study, which encompasses an examination of the theoretical rationales, empirical investigations, and doctrinal underpinnings of the augmentation of LGBTQ rights in diverse locales, is executed. It is hypothesized that a prima facie paradox emerges, whereby LGBTQ rights have been safeguarded and advanced in an extraordinary fashion, while concurrently, a discernible general trend of deviation from liberal constitutionalism, rights safeguarding mechanisms, and the rule of law is observable in other arenas. This article scrutinizes this contention and discovers that it is substantiated by case law from various regions. Critical theory and Butler’s theory of performativity potentially offer the most cogent explanations for this paradox. They have led to the social embrace of LGBTQ rights, while simultaneously, the enactment or amplification of these rights even in illiberal states furnishes an effortless ‘triumph’ for illiberal political actors, which can be employed as a countermeasure against assaults on their liberal and democratic reputations.
Families are the central nucleus of society; however, they face internal challenges that affect their functioning and stability, often manifesting in incidents of domestic and gender-based violence. The World Health Organization has classified this violence as a severe public health problem and a violation of human rights. To address this issue, the Congress of the Republic of Colombia enacted Law 2126 of 2021, introducing significant changes to the responsibilities of authorities in preventing, restoring, protecting, and repairing the rights of victims. This law provided a three-year implementation period for territorial entities, which concluded on 4 August 2023. In 2023, 119,483 cases were reported, and by June 2024, the number had reached 63,528—the highest recorded to date. This situation continued to escalate uncontrollably throughout 2024, overwhelming functional capacity and resulting in a crisis. Therefore, the objective of this study is to analyze the guarantee of rights for victims of violence in the family context, within the competencies of Family Commissariats, as outlined in Law 2126 of 2021. The methodology focuses on analyzing academic and scientific databases, including studies and articles published in indexed journals, to evaluate government measures and describe the challenges in service provision by Family Commissariats to propose conclusions. The approach is qualitative, with a hermeneutic, documentary, legal-dogmatic orientation and anthropological contributions. The results reveal that the law’s implementation has been gradual, surpassing the established deadline. Administrative, political, and financial factors identified over the three years remain unresolved in 2024. The situation for victims of physical, psychological, economic, and sexual violence within the family context has worsened due to multicausal obstacles to accessing justice in a timely, efficient, and effective manner. Consequently, there is evidence of an exponential increase in violence, underreporting, impunity, setbacks, procedural delays, normalization of violence, and re-victimization, among other issues.
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