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International Journal of Public Law and Policy

International Journal of Public Law and Policy (IJPLAP)

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International Journal of Public Law and Policy (27 papers in press)

Regular Issues

  • The nexus between foreign direct investment and environmental protection in Ethiopia: appraisal of bilateral investment treaties   Order a copy of this article
    by Alemu Balcha Adugna 
    Abstract: With the primary purpose of assessing whether the bilateral investment treaties signed by Ethiopia have paid proper attention to the environment or not, doctrinal legal research methodology is employed. Accordingly, the paper’s finding shows that most of Ethiopia’s bilateral investment treaties are devoid of environmental protection and sustainable development issues. Yet, 2006 can be marked as a turning point in the history of BITs of Ethiopia. The Ethio-Belgium Luxemburg Economic Union BIT of 2006 has a separate provision on the right to regulate and protect the environment. However, saving for the latest four BITs, namely Ethio-Morocco (2016), Ethio-United Arab Emirates (2016), Ethio-Qatar (2017) and Brazil-Ethio (2018) BITs, other BITs signed by Ethiopia have no separate provision on environmental protection and regulatory space for the protection of the environment. Hence, it is recommendable for Ethiopia to revisit all of its BITs and integrate environmental protection and sustainable development clauses through renegotiation or termination.
    Keywords: bilateral investment treaty; BIT; foreign direct investment; FDI; environment; Ethiopia.
    DOI: 10.1504/IJPLAP.2022.10047064
     
  • Sexual violence against women during non-international armed conflicts   Order a copy of this article
    by C. Fowmina, C. Rabbiraj 
    Abstract: Sexual violence against women has long been recognised as a crime in armed situations, but human rights discourse and international humanitarian law (IHL) have ignored this (Kutlu, 2014). Women have been referred to as 'spoils of war'. Although women's violence is not new, the nature and scale of sexual violence against women have increased in recent years. Women are used as military weapons, and rape is considered a dreadful by-product (Buchowska, 2016). Women have always been considered sex slaves, with their bodies serving as 'comfort zones' (de Sousa Santos et al., 2010). In today's scenario, where the conflicts are between states or within state armed groups (Paulus and Vashakmadze, 2009). Until World War II, disputes were global (between two countries), but now we have conflicts within territory or governments and internal rebels. This study has been broken into three sections. and violence against them. The first section of this study examines whether international humanitarian law sufficiently defines sexual violence (IHL). This section examines how armed conflicts are classed and defined. The third segment examines violence against women in armed conflicts, particularly noninternational wars, in light of IHL and women's legal obligations.
    Keywords: international humanitarian law; IHL; sexual violence; women and belligerency; United Nations Security; non-international armed conflicts; NIACs; crime against women; international tribunals; International Tribunal for the Former Yugoslavia; ICTY; International Criminal Tribunal for Rwanda; ICTR; International Criminal Court; ICC.
    DOI: 10.1504/IJPLAP.2022.10047162
     
  • The status of victim protection in India: comparative analysis with international regime   Order a copy of this article
    by Vipin Vijay Nair 
    Abstract: Victims are the prime witnesses in a criminal trial. Witness safety and security are paramount to maintaining an unbiased judicial process in the criminal justice system. In the last two decades, India has observed many witnesses being hostile or killed in several high-profile criminal cases like Asharam Bapu, Jessica Lal and Vyapam Scam. Many international countries have adopted various Witness Protection Legislature to protect the basic tenet of law. India instituted Witness Protection Scheme, in 2018 to strengthen the Rule of Law in the criminal justice system in haste. In its infancy stage, the scheme lacks experience and needs a thorough discussion and revision to reduce the victimisation of witnesses within criminal justice. The article critically analyses the Witness Protection Scheme, 2018, notified by the Government of India to introduce witness protection in India. The article discusses various aspects and limitations of the witness protection scheme in India in comparative parlance with the international regime.
    Keywords: victim protection; criminal justice system; victimology; India.
    DOI: 10.1504/IJPLAP.2022.10047172
     
  • Welfare payments, food stamps, and crime: evidence from US county-level data   Order a copy of this article
    by Suzan Odabaşı, Patricia A. Duffy 
    Abstract: This study examines whether the Supplemental Nutrition Assistance Program (SNAP) implementations had an effect on criminal activities. To address this problem, the present study utilises two main variations: 1) changes in waiver of the time limit for areas within the states; 2) increases in SNAP benefits. A county level panel data from 2009 to 2015 for 3,134 counties is employed to investigate the relationship between SNAP benefits and crime. The findings show that SNAP benefits contribute to a significant reduction in the criminal activities in both rural and urban counties. The estimation results indicate that changes in waivers to work-related time limits is one of the significant factors which have an impact on criminal activities. Additionally, income motivated crimes such as property, robbery, and burglary are more likely to be affected by the changes in individuals’ welfare and income level changes.
    Keywords: economic development; welfare economics; economics of crime; panel data.
    DOI: 10.1504/IJPLAP.2022.10047207
     
  • The legal framework and policies for sustainable administrative contracts in Egypt: reality and challenges   Order a copy of this article
    by Karem Sayed Aboelazm 
    Abstract: This paper provided an overview of the concept of public procurement and sustainable development and aimed to extract a definition of sustainable public procurement. The paper also focused on reaching the pillars of sustainable procurement in general and extracting these pillars from the Egyptian system to identify the advantages of implementing sustainable public procurement. Several results were reached, on top of which are the multiple advantages of sustainable public procurement that may contribute to achieving sustainable development goals. It was also concluded that many challenges are facing the implementation of this system in Egypt, the most important of which is the legal framework, the bureaucracy and the necessary funding.
    Keywords: public procurement; sustainable development; sustainable public procurement; Egypt.
    DOI: 10.1504/IJPLAP.2022.10047339
     
  • Independent regulatory bodies in the Jordanian legal system: an evaluative review   Order a copy of this article
    by Ibrahim Kamel Al Shawabkeh, Mouaid Alqudah 
    Abstract: The administrative organisation in Jordan witnessed a remarkable demand for the establishment of independent regulatory bodies, and this new institutional form aroused the ire of both legal and public administration scholars and politics. Supporters of such bodies, perceive them as satisfactory answer to the crisis experienced by the state and its inability to respond to the privacy of economic sectors. Opponents, on the other hand, contend that these bodies disintegrate the state and turn it into companies. Perhaps, this interaction raises some important questions about the feasibility of expanding the establishment of these bodies in Jordan as the competent ministries remain within the scope of their work, which certainly led to jurisdiction overlapping between them and the concerned ministries. Thus, one might ask were justifications available in Jordan for the establishment of these bodies in the first place. Has the Jordanian legislator succeeded in providing it with the elements necessary to attain its goals in achieving administrative governance? This paper attempt to address these questions by evaluating the importance of the establishment of these independent bodies within the Jordanian administrative organisation. It also considers whether those bodies really possess the requirement necessary to achieving the goals which underpin its whole existence.
    Keywords: independent regulatory bodies; Jordanian legal system; administrative centralisation; administrative decentralisation.
    DOI: 10.1504/IJPLAP.2022.10047563
     
  • The taxation of income from technical services under the Federal Income Tax Proclamation of Ethiopia: income labelling and tax jurisdiction issues   Order a copy of this article
    by Yibekal Tadesse Abate 
    Abstract: Income obtained from a rendering of technical services would be taxed under different schedules as a particular item of income. Consequently, the characterisation of income is critical as it determines which tax rule applies to each item of income. However, the login details, pertinent to labelling income from technical services into a particular item of income, are not specific under the law. Also, the rules regulating taxation power over each kind of income of technical service needs a close scrutiny. The article aims at discerning the login details applicable in labelling income from technical services to catalogue to the domains of individual schedule. It also aims at identifying the conditions of tax jurisdiction over each item of income of technical services. The article reveals that an ambiguity in the language of definitions and the uncertainty of the scope of each income makes the taxation of income from technical service perplexing.
    Keywords: technical fee; technical service; income characterisation; income tax; Ethiopia.
    DOI: 10.1504/IJPLAP.2022.10047817
     
  • Intra-system dynamism and the rights-based approach to the environment under the ECtHR   Order a copy of this article
    by Befekadu Bogale Biru 
    Abstract: This article aims to reflect on the ongoing debate regarding the relation between human rights and the environment focusing on the Council of Europe (the Council) framework. Specifically, it assesses how the pragmatism of the European Court of Human Rights (ECtHR), the active role of the pertinent organs of the council and some of the major legal-political developments therein such as the increasing European consensus and the margin of appreciation doctrine are contributing for the evolution of the rights-based approach to the environment in the region. Accordingly, the limitations related to the ECtHR’s environment-related caselaw are overviewed. Thence, the aforementioned institutional and system-level factors are discussed cognizant of the limitations and to ponder on some of the major debates regarding the nexus between human rights and the environment.
    Keywords: Council of Europe; CoE; European Court of Human Rights; ECtHR; rights-based approach to the environment; ECHR System.
    DOI: 10.1504/IJPLAP.2022.10048221
     
  • Human right repercussion of large-scale land acquisition in Ethiopia: evidence from Gumaro Tea Plantation and Limmu Coffee Farm   Order a copy of this article
    by Abiyot M. Dabela 
    Abstract: Ethiopia is a signatory to series of human rights instruments and assumed duty to respect, protect and promote human rights. Nonetheless, the rush for large land acquisition for investment 'dubbed grabbing' reportedly undermined the rights of local community in the country. The objective of this study is to assess the human rights implication of large-scale land investment in Ethiopia based on a case study from situations of Gumaro Tea Plantation and Limmu Coffee Farm. More specially, the study investigates: 1) the negative impact of large-scale land investment on rights of the local community; 2) appraise the extent to which human right issues are integrated into the practice and regulation of large-scale land investment; 3) explore possible ways of ensuring the investment work for development without affecting the human rights of the local community in Ethiopia. To this end, it employed a socio-legal research methodology that involved document review and in-depth interviews with 44 purposively selected informants. The finding from both large-scale farms revealed that both Gumaro Tea Plantation and Limmu Coffee Farm were established, expanded, and are operating at expense of the rights local community. Hence, it urges concerned government organs and investors to integrate the rights of local people in course of these investments.
    Keywords: land grabbing; human rights; Gumaro Tea Plantation; Limmu Coffee Farm; Ethiopia.
    DOI: 10.1504/IJPLAP.2022.10048407
     
  • Health and safety management in Indian construction sector: a legal perspective   Order a copy of this article
    by Deep Shaileshkumar Upadhyaya, Mohhammedshakil S. Malek 
    Abstract: The construction industry has been found the most dangerous on health and safety criteria, particularly in developing countries. In India, to achieve on-site health and safety, we have identified constitutional and legal provisions related to health and safety in construction. We have also identified some national autonomous bodies whose objectives are to achieve health and safety in the building. A detailed study found legal provisions like acts and rules for health and safety in the Indian construction sector at the central and state level. Still, improper enactment and lack of awareness make them inefficient. Efforts have been put through to find out the lacking and up-gradation of the available legal provisions with the help of the present SWOT analysis.
    Keywords: health; safety; construction; legislative; BOCW; SWOT.
    DOI: 10.1504/IJPLAP.2022.10048594
     
  • Health and society: the impact of media on social welfare during COVID-19: a case study in UAE   Order a copy of this article
    by Emad Omer, Osman Sirajeldeen Ahmed, Abdalla Sirag, Najeh Rajeh Alsalhi 
    Abstract: The relationship between epidemic and society is one of the topics that illustrate the intersection between social and health studies, this research is an interdisciplinary study between health, sociology and media, with the aim of clarifying the mutual effect during COVID 19. The research raises a question about the impact of the official media on social welfare services in the UAE. The importance of the research is due to the continuation of the outbreak of the Corona virus in second wave. The research aims to determine the role of the official media in social welfare during COVID 19. The study used the descriptive method by analysing the content of 95 news items issued by the official news agency in the UAE. The most important findings of the research are that media has a direct impact on social welfare services in all areas of care.
    Keywords: official media; social policy; social protection; social welfare; COVID-19; health.
    DOI: 10.1504/IJPLAP.2022.10048599
     
  • Institutional opposition in parliamentary democracy: experience from the UK, Australia and India   Order a copy of this article
    by Richa Dwivedi, Abhinav Shrivastava 
    Abstract: In a democratic setup, it is not only the majority which is responsible for governance but it is a balance of both, government as well as the opposition which protects democratic spirit. Therefore, a significant role is given to opposition in a democracy, however, in India it is often argued that the opposition is not systematic as it lacks constructive dialogues to debate in the parliament. For the purpose of strengthening opposition, institution of Shadow Cabinet was introduced in UK. This concept has been adopted by Australia and Canada as well. This paper focuses on the role, practice and functioning of Shadow Cabinet in Australia and UK and its effectiveness in politics and discusses feasible options to strengthen the institution of opposition in India’s democratic setup. The paper intends to formulate a practicable idea in the line of Shadow Cabinet to make the institution of opposition significant in the Indian democracy.
    Keywords: parliament; opposition; Shadow Cabinet; democracy; government; UK; Australia; India.
    DOI: 10.1504/IJPLAP.2022.10048740
     
  • Annexation of Kosovo and the role of preventive diplomacy   Order a copy of this article
    by Besnik Murati 
    Abstract: Handling the case of Kosovo in historical, political and geostrategic terms undoubtedly constitutes a challenge in itself, bearing in mind its history, being as dramatic as it is challenging for the researchers themselves. It is no coincidence that the Western Balkans has been considered as a region which produces numerous crises that cannot even consume them, although in this regard, it should be kept in mind that not all states and peoples can be compared and conceived equally. This scientific paper intends to address the case of Kosovo in the historical, political, geostrategic and security dimensions, as well as the right of the Kosovo Albanian people to self-determination and freedom, which remained occupied for a whole century. The main focus shall be in interconnection of Kosovo annexation with the permanent commitment of the Kosovo Albanian people towards freedom and independence, the usage of different political and peaceful means with the only intention to enjoy the right to live freely just like any other people in the world, it shall be addressed also the role of the preventive diplomacy related to Kosovo case.
    Keywords: annexation; discrimination; repression; diplomacy; preventive; Kosovo.
    DOI: 10.1504/IJPLAP.2022.10049161
     
  • A study of imbalance in the fiscal arrangements under the constitution and the role of finance commissions in intergovernmental fiscal management in India   Order a copy of this article
    by M. Jai Ganesh, C. Rabbiraj 
    Abstract: The idea of fiscal federalism has been practised in India for quite some time, but the specifics of how it should work have become less clear over the course of that time. In the future, its guiding ideas and operational methodologies will need to be progressively developed and improved; in the meantime, these things need to be carefully evaluated. The India of today is considerably different from the India that created its constitution in 1950. This may be seen most clearly in the governance 'matrix', economic development, institution-building, and multilateral interactions that exist in modern India. When it comes to its relationships with other governments, India is in the midst of a period of transition right now. It is becoming increasingly difficult to distinguish between boundaries based on linguistic concerns and administrative convenience in todays world due to the transformations brought about by innovation and migration, among other factors. As technology progresses, it will become one of the most important socio-economic factors that will impact the long-term viability of India's fiscal federalism system. Increased mobility, market integration, and market integration are two other trends to watch for them.
    Keywords: federalism; taxation; economic development; finance commission; Indian constitution; fiscal federalism; asymmetric federalism; cooperative federalism; equalisation; grant in aid; centrally sponsored scheme; CSS; challenges; India.
    DOI: 10.1504/IJPLAP.2022.10049310
     
  • Consolidating an integrated rights approach: socio-economic constitutional justice in Africa   Order a copy of this article
    by Peter A. Atupare 
    Abstract: This paper makes the claim that constitutional positivism rejection of both the judicial incorporation of international human rights norms and the relevance of unenumerated-rights provisions poses a challenge to the conception of law as a moral ideal. It also strangles the possibility of a comprehensive rights regime for legal systems in developing countries like Ghana and Nigeria. It reduces to the periphery a conception of law as an aspirational moral ideal for society. By retaining the positivist approach in this increasingly globalised world, the result will be not only to obfuscate a holistic understanding of constitutions, but also to risk the violation of major international human rights norms that are part of the post-war global human rights constituency. This would deepen the plight of the vulnerable and create a dominant legal discourse that will reduce socio-economic rights to mere non-justiciable public policies in Ghana and Nigeria.
    Keywords: human rights; socio-economic rights; directive principles; state policy; international human rights norms; unity of rights; justicibility; legality; conscience of constitution; unenumerated rights; Africa.
    DOI: 10.1504/IJPLAP.2022.10049776
     
  • NFT marketplace - a market of fake artworks? Addressing the international regulatory vacuum of NFT   Order a copy of this article
    by Alessandro Stasi, Tan Weng Chiang David 
    Abstract: The COVID-19 pandemic has driven art buyers and collectors to purchase artworks online. As galleries are closed, art buyers choose to go online to purchase art in a digital form. An artwork that is made by a creator or an artist is initially placed into the cyberspace by uploading it. This is a process known as minting or uploading the artwork into an online marketplace for sale. In some circumstances, however, the person uploading the artwork onto the online marketplace for digital products is not the copyright owner of the artwork and does not have permission to do so. When this happens, an infringement of copyright occurs. The purpose of this paper is to discuss the ability of national legislatures to prevent such copyright infringement and make recommendations.
    Keywords: blockchain; copyright; copyright infringement; digital law; non-fungible token.
    DOI: 10.1504/IJPLAP.2022.10049864
     
  • Arm's length principle and reference range in the OECD transfer pricing guidelines convention: A comparative study aimed at the net cost plus method   Order a copy of this article
    by João Ricardo Catarino, Ricardo De Moraes e Soares, Susana Sobral 
    Abstract: For tax purposes, the terms on which they are agreed as international transactions between associated companies are at the heart of States concerns and have been the subject of study. States are fully aware that, in the absence of clear and precise rules, their own tax revenue is directly affected. In this study, we evaluated the scope of the general principle of full competition, recommended by the OECD, and its relationship with the concepts of full competition interval and full competition point, trying to determine the extent to which companies must prove that in their operations with each other they respected both the general principle and the OECD guidelines. The research problem is to understand whether companies belonging to the same economic group, when using the net cost plus method to determine whether they are complying with the arm’s length principle established by the OECD in their internal economic transactions, may practice any price measure within the arm’s length price range, or whether they should determine the price that, within that range, best reflects the value of the transaction.
    Keywords: income tax; International transactions; methods; tax law; tax system; transfer pricing.
    DOI: 10.1504/IJPLAP.2022.10049910
     
  • How to interpret umbrella clauses in bilateral investment treaties: different perspectives and solutions   Order a copy of this article
    by Asli Bayata Canyaş 
    Abstract: Umbrella clauses in bilateral investment treaties (BITs) can be named in various ways with differing scopes and effects depending on their texts. It is debatable whether a host state can be held liable based on an umbrella clause in a BIT if it breaches an investment commitment arising from the investment contract. There are two mainstream opinions in this debate: the restrictive and broad approaches. In our opinion, a case-specific approach should be adopted. In each case, the tribunal should act in conformity with the principle of competence-competence. During this analysis, the use of the general rule of interpretation (Art. 31) in the Vienna Convention on the Law of Treaties (VCLT) should be considered.
    Keywords: investment; arbitration; umbrella clauses; parallel effect; bilateral investment treaties; BITs; investment contracts.
    DOI: 10.1504/IJPLAP.2022.10050132
     
  • On the question of the relationship between the concretisation of the law, the interpretation of the rules of law and analogy in law   Order a copy of this article
    by Yermek B. Abdrassulov, Zhamaladen I. Ibragimov, Gulim K. Kuanyshbek, Aizhan E. Abdrassulova, Ajnur I. Mugauova 
    Abstract: The purpose of the study is to justify the interpretation, concretisation, and analogy of law as part of the general, private and individual in the law enforcement process. In law enforcement, concretisation is the result and the goal of interpreting legal norms. An analogy in law is the result of interpretative work, based on the impossibility of law to regulate all the nuances of social relations. The subject of the research is the categories of interpretation, concretisation, and analogy in law on their functional purpose. The article analyses the functions and purpose of the interpretation, concretisation, and analogy of law in the methodological aspect, focusing on legal practice. In this article the emphasis is placed on judicial errors arising from a misunderstanding of the judicial interpretation and concretisation of legal norms. The inadmissibility of the wrong interpretation of the rules of law, causing decreasing the effectiveness of legal regulation, is justified.
    Keywords: interpretation; application of law; court; constitutional control body; legal regulation; gap in the law.
    DOI: 10.1504/IJPLAP.2022.10050422
     
  • Proposing a predictive model of individual micro-entrepreneurship in Brazilian metropolitan areas through multiple linear regression   Order a copy of this article
    by Gabriel Marcuzzo Do Canto Cavalheiro 
    Abstract: Entrepreneurship is widely acknowledged to be a phenomenon of central importance in our society. Within the arena of entrepreneurship policy, a more specific trend has been an increase in recent years in individual micro-entrepreneurship. However, although a period of more than ten years has passed since the implementation of the Individual Micro Entrepreneur Act in Brazil, which became known as MEI’s Law 128/2008, literature remains silent on patterns regarding the relationship between the registration of individual micro-entrepreneurs, as one-person companies, with data related to the educational attainment of the population, income, and level of regional economic activity. Therefore, this article seeks to contribute to filling a knowledge gap in the entrepreneurship literature using empirical evidence integrated from the Brazilian Tax Authority (RFB) and the Brazilian Institute of Geography and Statistics (IBGE). In total, data was collected corresponding to 234 municipalities located in urban areas. The result shows that the regression model provides a good fit concerning model assumptions. The number of individual micro-entrepreneurs in metropolitan areas in Brazil could be predicted on a city level based on independent variables associated with population size and educational level of the population.
    Keywords: individual micro-entrepreneurship; multiple linear regression; public policy; regional development; Brazil.
    DOI: 10.1504/IJPLAP.2022.10050569
     
  • Governing sustainable ecotourism in Thailand: success or failure in legal perspective?   Order a copy of this article
    by Thiti Waikavee 
    Abstract: Ecotourism has played some critical roles as a compromise tool in the conflict between industrial development and nature conservation in developing countries for decades. However, in Thailand, the term is simply used for the benefit of tourism enterprises to gain access to protected areas, community forests, and public lands. It was argued ecotourism nowadays transforms natural landscapes and contributes to local biodiversity losses. The paper studied trends in sustainable ecotourism between 2018 to 2021 examining how the operators implemented the concept of sustainability. Outcomes are the spatial expansion of land use in ecotourism development caused to change in the natural landscape. Local governments lacked their local biodiversity conservation rules in public lands. The recommendation is to empower the Designated Areas for Sustainable Tourism Administration as a key institution to drive the sustainable tourism nationals policy. Operating ecotourism must be regulated to ensure ecotourism will be in line with responsible tourism.
    Keywords: public land; sustainability; ecotourism; biodiversity convention; environmental governance; public participation; Thailand.
    DOI: 10.1504/IJPLAP.2022.10050982
     
  • Consultancy agreements as a mechanism to defraud employees under Jordanian law   Order a copy of this article
    by Kamal Jamal Alawamleh, Omar Mahmoud Emar 
    Abstract: In various recent cases, numerous employees have sued their employers before the Jordanian courts to pay their unpaid labour rights. Yet, such employers sought to disavow such claims by alleging that what bind them is a consultancy agreement rather than an employment agreement. Accordingly, such paper seeks to critically inspect the abovementioned courts’ decisions, to illustrate whether such courts have been successful in what they have found, and the extent to which it facilitated deceiving employees by unscrupulous employers under the pretext of consultancy agreements. This work suggests that whilst the eminent Jordanian courts’ decisions have mostly been elegant and do comply with law, yet the Jordanian legislator has to intervene and regulate such a matter to stop defrauding overwhelmed employees. As far as the author is aware, this is the first scholarly work that addresses this important matter from a legal standpoint, at least from a Jordanian law perspective.
    Keywords: consultancy agreements; employment agreements; Jordanian Labour Law; employees’ rights; defrauding employees; employment crime.
    DOI: 10.1504/IJPLAP.2022.10051297
     
  • A study on the collective dominance concept and its application in the Indian radio-taxi market   Order a copy of this article
    by Amit Ghosh, Soumadip Kundu, Sulagna Das 
    Abstract: The radio-taxi market is a market where customers through internet facilities can book a taxi to reach their desirable destiny within a reasonable price charged by the aggregator. By using the internet platform the aggregator enterprises have engaged several taxi owners and drivers and the enterprises are providing these e-taxi services to the consumers. The competition commission, dealt with information alleging anti-competitive-agreement and abuse of dominance when Meru Cabs, one of the radio-taxi service providers, filed information against Uber and OLA too. Commission was of the view that Uber did not do any unfair practice but competition appellate tribunal, the appellate body made an opposite view contrasting to commission. The paper tries to analyse the abuse of collective dominance created by OLA and Uber in the radio-taxi market in India. The paper also highlights the international scenario and laws related to collective dominance in the European market.
    Keywords: radio taxi; competition; relevant market; collective dominance; abuse of dominance; anti-competitive agreement; economy; appreciable adverse effect; transport; appellate authority.
    DOI: 10.1504/IJPLAP.2022.10051963
     
  • The public debt as handicap to economic growth   Order a copy of this article
    by Natália Teixeira, Rita Luz, Rui Vinhas Da Silva, Leandro Pereira, Sérgio Vinhas Da Silva 
    Abstract: The impact that public debt has on economic growth is increasingly a topic of interest and it has been since the most recent economic and financial crisis of 2008 that it has come to occupy a prominent place in the literature. In this context, it becomes extremely important to understand the impact that the increase in public debt has on the growth of economies. Thus, the purpose of this research paper is to assess the effect that debt may have on the economic growth of countries. We analyse the relation in three countries: Estonia, Greece and Portugal. Our findings suggest that the public debt of these countries do not directly affect the growth.
    Keywords: public debt; economic growth; correlation; Estonia; Greece; Portugal.
    DOI: 10.1504/IJPLAP.2022.10052064
     

Special Issue on: COVID-19 Before the Courts Where to Draw The Line?

  • Healthcare for prisoners in penitentiary establishments during COVID-19: a comparative study between national legislation and international covenants   Order a copy of this article
    by Ibrahim Suleiman Al-Qatawneh, Aliaa Zakaria, Jamal Barafi 
    Abstract: This study examined the prisoner’s right to healthcare in penal facilities during health crises in three Arabic countries, namely the UAE, Jordan, and Bahrain. The study is rare in that it also deals with prisoner healthcare during a pandemic. The study considers the key international rules and standards governing prisoner healthcare and its development over the past 60 years, regarding the obligations of states and the rights of the prisoner and the constitutions of the study countries, their national legislations, and the measures taken to confront COVID-19, to identify the extent of their adequacy and effectiveness and compatibility with key international standards. Despite numerous measures being taken to protect the health of prisoners, and the enactment of international and national legislations, at the time of writing the pandemic is still uncontrolled; therefore, the study finds that exceptional measures continue to be required.
    Keywords: prisoner healthcare; infallibility of the body; health release; equality; fair treatment.
    DOI: 10.1504/IJPLAP.2022.10047163
     
  • Vaccines sell ban as a corollary of the Peruvian response to COVID-19   Order a copy of this article
    by Oscar Sumar, Andrea Villanueva 
    Abstract: The Peruvian response to the pandemic was marked by corruption, politisation and socialist ideology. In this context, the vaccination process was a corollary of the way the pandemic was managed. In this brief note, I comment on a judicial decision about a claim that aimed to allow the acquisition and sale of vaccines by the private sector. While the decision is well-intentioned and presents some good arguments, it reaffirms a major mistake made by the government: banning the involvement of the private sector on COVID-19 vaccine commercialisation based on the mistaken belief that free distribution of vaccines guarantees equality and prioritises people over profits. We argue that this policy, supported by the judge’s decision, ultimately leads to inefficiency and more inequality.
    Keywords: COVID-19; vaccination; judicial decision; efficiency; equity; health policy; transparency; corruption.
    DOI: 10.1504/IJPLAP.2022.10051742
     
  • The legality of the emergency defence orders in Jordan issued during corona pandemic: compliance or derogation   Order a copy of this article
    by Mosleh Tarawneh, Amin Al-Adaiyleh 
    Abstract: This study Aimed to investigate certain defense orders relating to freedoms to see whether such orders comply with the principle of legality, since this principle should not be, however, derogated from in normal or exceptional circumstances, since it is the cornerstone for functioning of public utilities. As many other states, Jordan, declared the state of emergency and activate the defense law to contain the outbreak of COVID-19 pandemic under article (124) of the constitution. Which empowers the king, in case of emergency, to activate the defense law, which empowers the prime minister to issue defense orders necessitating the defense of the kingdom, including the suspension of laws. We found that the Jordanian constitution does not contain any provision imposing obligations on the state in relation to healthcare in the same manners as it did in education, employment, and other rights. This requires amending the constitution to avoid such shortcomings.
    Keywords: legality; defense orders; constitution; COVID-19 pandemic; exceptional circumstances; principle of legality; state of emergency; Jordan; suspension of laws; obligations.
    DOI: 10.1504/IJPLAP.2022.10052511